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HomeMy WebLinkAboutminutes.council.20190128Regular Meeting Aspen City Council January 28, 2019 1 CITIZEN COMMENTS ............................................................................................................................... 2 CITY COUNCIL COMMENTS ................................................................................................................... 2 CITY MANAGER COMMENTS ................................................................................................................ 3 BOARD REPORTS ...................................................................................................................................... 3 CONSENT CALENDAR ............................................................................................................................. 3 Resolution #14, Series of 2019 –Separation, Release and Waiver Agreement for Steve Barwick ....... 4 Minutes – January 14, 2019 .................................................................................................................. 4 ORDINANCE #1 SERIES OF 2019 – Small Lodge Preservation Program Extension ................................ 4 RESOLUTION #11, SERIES OF 2019 – 730 E Cooper Ave (Base 1) Extension of Vested Rights ........... 5 RESOLUTION #12, SERIES OF 2019 – 330 E Main St – Hotel Jerome – Temporary Use Request ......... 5 RESOLUTION #13, SERIES OF 2019 – Wireless Regulations Policy Resolution ..................................... 5 ORDINANCE #3, SERIES OF 2019 – Refinancing Existing Castle Creek Energy Center Debt to Achieve Interest Rate Savings and a Shorter Remaining Duration ............................................................................. 5 EXECUTIVE SESSION ............................................................................................................................... 5 Regular Meeting Aspen City Council January 28, 2019 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin, Frisch and Mullins present. CITIZEN COMMENTS 1. Cindy Houben, resident at Midland Park Place affordable housing, said they want to make the public and council aware of projects that have been approved and that are in the process of P&Z approval, 404 Park and Aspen Hills. These projects are allowed to be under parked by 40%. At least 50 cars will be under parked in that area. Midland Park has one space per bedroom. There are letters circulating that you will see. She has photos from yesterday. There are 16 spaces in the winter that are viable and 20 when snow is not there. There are 7 to 9 spaces for public parking during the day. We do not feel that zone parking is the solution. We are in great jeopardy of having no affordable housing approved if we can’t get a handle on the parking situation. Consider calling this project up and say no to further projects until there are parking solutions. She submitted letters to the clerk. Councilman Frisch said regardless of what happens, the parking is being looked at in general as why this zone hasn’t been looked at. Jessica Garrow, community development said call up only applies to commercial and historic preservation. This is not something council can chose to call up. It is a zone district and review process where it has been zoned. It could come to council as an appeal. Councilman Frisch said the parking could be changed in a matter of months, the land use code as it relates to parking could take longer. Jim True, city attorney, said it would not apply to those projects. Councilwoman Mullins said she was there on Saturday, with the snow the plows can’t clear the parking. The residents have interesting ideas on solutions. We should take a look at the code. Mayor Skadron said remind us what the code says allowing to under park affordable housing. Ms. Garrow said it is not an under park. The moratorium kept the minimums and introduced maximums. It allowed for multi modal mediums to offset the need for parking and clarify when cash in lieu could be used. You can have a certain percent on site, multi modal and cash in lieu. In the past a neighbor has appealed a decision made by the board. Councilman Myrin said on parking, the code is identical a bock from city hall or a neighborhood with no parking. Ms. Garrow said inside the river and outside is different. We recognize there needs to be some changes. Councilman Myrin said I think Cindy is right. Parking could have a negative impact on our programs going forward. 2. Steve Hach, resident of smuggler grove, said he agrees with Cindy about additional parking. Multi modal might get people not to use a car but they still have a car that needs parked. There are too many developments using the parking. There is no parking enforcement there either. 3. Phyllis Bronson said Steve Barwick wrote a memo about two months ago about the ski history museum for the proposed Lift One project. To me it got swept under the rug. I haven’t heard a word about this memo. Whatever the virtues of the potential project the ski museum is being subsidized to show preferential treatment to the developers and I don’t think it is right. 4. Lee Mulcahy said he and his mom are leaving for Kenya March 1st. Lee showed a video from a BOCC meeting. He again asked council for a hearing on his housing. 5. Bob Morris said he doesn’t understand someone suing the city about zoning when they bought a piece of property zoned a certain way. If you want to make those changes great, now all the commercial properties see a precedent. The same party is coming to you asking for a favor to extend property rights. In the last two months I’ve had two rooms destroyed. We had a great time with the X games until this morning when someone put a quart of motor oil in the pool and jacuzzi. CITY COUNCIL COMMENTS Councilwoman Mullins said in response to Phyllis, Barwick’s memo was presented at the meeting and was covered extensively in both papers and is available to the public. It hasn’t been swept under the rug. She has been knocking on doors and it is a very valuable exercise. The themes that are coming out Regular Meeting Aspen City Council January 28, 2019 3 include congestion, wanting transportation options and affordable housing. She attended the Aspen Hall of Fame dinner where Matthew and Kay Busckbaum, John Busch and Dr. Barry Mink were honored. The videos were educational, fun and she is glad she could go. Councilman Fisch gave a hats off to the hall of fame organizers and the board of directors and the fine men and women at Ski Co for putting on a great weekend. There was a 5 year extension of X Games. Tomorrow is a work session about housing. There is a staff memo talking about possible production options for the future. I sent a note to staff and the Mayor about things I’ve been thinking about including APCHA governance. We had a meeting on December 10th with the BOCC. We will meet again the following Tuesday. There is the certificate program and balancing affordable housing waivers and reductions with HPC and the lodging program. There is the discussions about decision making process and HPC and P&Z. Chris Everson will have some conversation about production that is in the memo. Councilman Myrin said I ran four years ago about trying to get change at the top. I didn’t think it would be 35 days before the ballots went out and the same night as the biggest land use approval in years. Phyllis was right about the memo. This memo carried a lot of weight in my mind. I was on the losing side of that vote. Mayor Skadron thanked Ski Co, ESPN, the athletes, fans, bus drivers and hoteliers for a great X games and looks forward to another 5 years. It is an excellent winter and the snow is wonderful. CITY MANAGER COMMENTS Alissa Farrell, human resources, spoke about the RFP for the city manager recruitment. There is a work session on February 4th. She has a draft prepared based on council feedback thus far. She has a goal of insulating any potential, specifically Sara Ott, candidates. She has not requested any feedback from Sara. Clint Kinney and John Peacock have reviewed the RFP and provided feedback. Sara Ott, assistant city manager, told the council she will have a project list on the 31st. The packet included a new kind of packet information that is only an update that does not require council feedback. This one included an update on the citizen survey and capital projects updates. On APCHA governance, there would be some value in taking time tomorrow to verify council’s position on the 6 key business points. Mayor Skadron said there are three points to the work session tomorrow. One is to prep for the meeting with the BOCC. There is a request from council to look at all our building options BOARD REPORTS Mayor Skadron said he attended the CAST meeting that Teton Village hosted. It was a compelling meeting. They discussed the Jackson Hole air travel program. Each business contributes into a fund that goes to air service. There was a transportation panel on TDM. They do not have the benefit of a system like we do. They talked about emergency preparedness, they had some issues with forest fires. Global sustainable tourism discussion and toured the park and rides. They checked in with the search and rescue facility. They have a new mobile cell phone tower that goes in the helicopter during search and rescue. They also got an update from their ski company. They have a cable car that runs and added two gondolas. CONSENT CALENDAR Rest #14 – Separation, release and waiver agreement for Steve Barwick Mr. True said we addressed all the terms that were publicly discussed at the last meeting. Regular Meeting Aspen City Council January 28, 2019 4 • Resolution #14, Series of 2019 –Separation, Release and Waiver Agreement for Steve Barwick • Minutes – January 14, 2019 Councilman Frisch moved to adopt the consent calendar; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #1 SERIES OF 2019 – Small Lodge Preservation Program Extension Councilwoman Mullins asked him to explain boutique lodges, how many, recent, any more on line. Why are they essentially eliminated from the program. Mr. True said Phillip and I miscommunicated when reviewing the proposed ordinance 1. I was looking at this as an extension when they were proposing some minor changes, specifically on page 17. When I was redoing the ordinance to address some issues I had I changed more than I should have. What I would suggest is read it and pass it and recognize there are more changes that will be added and brought back at the public hearing. Phillip Supino, community development, said in addition to extending the sunset date, we also looked at changing the word rooms to keys. Keys being a smaller configuration than rooms. Another change is ensuring boutique lodges are very clearly stated as not being eligible to participate in the program. Councilman Frisch said boutique implies some version of size, smaller and cost, expensive. Are you trying to not use size as the determinant. While boutique is used for marketing I don’t think it has a legal standing. Mr. Supino said the land use code has a distinction for boutique, less than 14 units and missing typical amenities of a typical lodge operation. In fall of 2017 the objection was to make a distinction between a typical lodge and something with a smaller footprint and something assessable to the public and not as many amenities provided to its guest. Councilman Frisch said I want some clarity. Reading lodging here I think staff is trying to suggest L with a capital L and a lodging product. I want some clarity with what staff is trying to take away from. There are a lot of lodging products that don’t have concierge and meeting spaces. We need to be more clear as to what we are trying to do. Councilwoman Mullins said she would be ok with the three changes. Mr. Supino said there is a table that outlines the lodges that were originally approved. This would memorialize the two additional lodges. Mr. True said there is a motion and the motion to pass should contain the three points plus the addition of the two lodges. Councilman Myrin said the table in the ordinance has a fixed number of lodges. This doesn’t create new development. Mr. Supino replied not in any way. Councilman Myrin said the room to key change, what is the goal. Mr. Supino said key is a smaller configuration than rooms. Were there a configuration where a lodge could meet the 50 rooms but has 75 keys it would not keep with the original intent. Councilman Frisch said it makes it harder to qualify. Councilwoman Mullins moved to read Ordinance #1, Series of 2019; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO.1 (SERIES OF 2019) AN ORDINANCE OF THE ASPEN CITY COUNCIL EXTENDING THE SMALL LODGE PRESERVATION PROGRAM TO ASSIST SMALL LODGES TO CONTINUE OPERATING AS SMALL LODGES Regular Meeting Aspen City Council January 28, 2019 5 Councilwoman Mullins moved to adopt Ordinance #1, Series of 2019 with amendments on first reading; seconded by Councilman Frisch. Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #11, SERIES OF 2019 – 730 E Cooper Ave (Base 1) Extension of Vested Rights Councilman Myrin said we heard about parking tonight. Parking by City Market is the last place anyone wants parking removed. Whatever ends up here we need to be mindful of not having parking displaced. There is a rumor that Base 1 might convert to commercial and affordable housing on the 2nd and 3rd floors. I’m just wondered if there is any direction to that. The question in another month is give us more time. Mayor Skadron said you want to ask the applicant if their application is changing. Councilman Myrin said maybe some work can be done in the next month. Ms. Garrow said because we can’t have a discussion I would suggest it gets held. Mr. True said it seems to be a yes or no question. Chris Bendon, representing the applicant, said the answer is yes, we are interested in pursuing other things. We are exploring what else we can do with the building including affordable housing on the 2nd and 3rd floors. If there is interest in that we will continue to explore it. Councilman Myrin said I’m interested in it. Mr. True said I think that is the best we can do right now. Councilwoman Mullins moved to continue Resolution #11, Series of 2019 to February 25, 2019; seconded by Councilman Frisch. All in favor, motion carried. RESOLUTION #12, SERIES OF 2019 – 330 E Main St – Hotel Jerome – Temporary Use Request Councilman Frisch moved to continue Resolution #12, Series 2019 to February 25, 2019; seconded by Councilwoman Mullins. All in favor, motion carried. RESOLUTION #13, SERIES OF 2019 – Wireless Regulations Policy Resolution Councilman Frisch said he wants to make sure the term 5G is not used. He wants to make sure the legal is not mentioning 5G so when the next generation comes we don’t have to change it. Councilwoman Mullins moved to continue Resolution #13, Series of 2019 to February 25, 2019; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE #3, SERIES OF 2019 – Refinancing Existing Castle Creek Energy Center Debt to Achieve Interest Rate Savings and a Shorter Remaining Duration Pete Strecker, finance, said this will bring the interest rate down to 2.9 percent and shorten the term to 7 years down from 10. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins said thanks for staying on top of this. It is significant savings. Councilwoman Mullins moved to adopt Ordinance #3, Series of 2019; seconded by Councilman Frisch. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. EXECUTIVE SESSION Mr. True said staff recommends Council go in to executive session pursuant to C.R.S. 24.6.402 (a) purchase, acquisition, lease, transfer or sale of any real, personal or other property interest, (b) conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions, (e) determining positions relative to matters that may be subject to negotiations; Regular Meeting Aspen City Council January 28, 2019 6 developing strategy for negotiations; and instructing negotiators – related to 312 W Hyman Ave; and (f)(I) personnel matters. At 6:25 p.m.; Councilwoman Mullins moved to go in to executive session; seconded by Councilman Frisch. All in favor, motion carried. At 8:11 p.m.; Councilman Frisch moved to come out of executive session; seconded by Councilwoman Mullins. All in favor, motion carried. At 8:12 p.m. Councilman Frisch moved to adjourn; seconded by Councilwoman Mullins. All in favor, motion carried. Linda Manning City Clerk