Loading...
HomeMy WebLinkAboutminutes.council.20110328 REGULAR MEETING ASPEN CITY COUNCIL MARCH 28, 2011 PROCLAMATION — Aspen Valley Ski Club 2 PROCLAMATION — Epic Ski Day II 2 CITIZEN PARTICIPATION 2 COUNCILMEMBER COMMENTS 4 CONSENT CALENDAR 5 • Resolution #22, 2011— May /June Election Polling Places 6 • Resolution #24, 2011— Contract — 2011 Concrete Replacement 6 • Minutes — February 28, March 1, 4, 14, 2011 6 RESOLUTION #23, 2011— Contract —ARC Locker Room Remodel Contract 6 ORDINANCE #11, SERIES OF 2011 — Amending International Energy Code 7 WHEELER OPERA HOUSE RESTAURANT LEASE 7 ORDINANCE #10, SERIES OF 2011 — Anderson Subdivision 8 RESOLUTION #25, SERIES OF 2011— Ballot Question 8 ORDINANCE #3, SERIES OF 2011— Engineering Fees 9 ORDINANCE #4, SERIES OF 2011 — Community Development Fees 9 1 REGULAR MEETING ASPEN CITY COUNCIL MARCH 28, 2011 Mayor Ireland called the meeting to order at 5:05 PM with Councilmember's Kruger, Johnson, Skadron and Torre present. PROCLAMATION — Aspen Valley Ski Club Mayor Ireland noted that in the recent Junior Championship regional competitions for 13 -14 year olds held in Aspen, AVSC entered 15 racers and won 13 medals while sweeping an unprecedented six of the top six places in the Super G and the top seven spots in the overall at the meet of 165 competitors. Mayor Ireland and Council proclaimed March 28, 2011, as Aspen Junior Ski Championship Day recognizing these student athletes' amazing accomplishment by dedicating this day to them, their coaches, parents, supporters, and the Aspen Valley Ski Club. PROCLAMATION — Epic Ski Day II Mayor Ireland proclaimed in honor of a fantastic amount of powder and the pure fact that Aspen, with an epic storm, is at its finest, Tuesday, March 29, 2011, as Aspen Epic Day and encouraged everyone who can to ski on one of the 4 mountains. CITIZEN PARTICIPATION 1. Lennie Weinglass told Council the barbeque last August hurt local businesses. Weinglass said he went and it was a nice event; however, if you owned a food business, it was a nightmare. The street was closed Friday, Saturday and Sunday. Every restaurant in town was down in sales. Weinglass pointed out restaurant staffs work for tips, and they lost tip wages. Weinglass said the event was fun but not at the expense of local businesses. Weinglass requested Council not issue a permit for this event. Councilman Torre said no permit has been filed yet. Mayor Ireland noted the Council has decided not to participate financially in the BBQ event. 2. Terry Hale said it is difficult to run a business in Aspen; the rents are high, costs are high. Non - profit organizations are supported by local businesses. Trunk shows do not participate in sales tax or funding the community. Hale said the city should be aware of unintended consequences when approving these types of events. The farmer's market affects Local businesses. 3. Donald Stone, retailer, said he understands that the BBQ will ask for 2 blocks, which would close or curtail much retail in the area. Stone pointed out the city loses revenue during these events because other local businesses are not collecting sales tax. Stone said events come to town when it is appropriate for them and least appropriate for retailers. Stone said if the BBQ were to happen again, he suggested a different location. Stone said events like this put tremendous economic strain on a season that is only 6 or 7 months long. 2 REGULAR MEETING ASPEN CITY COUNCIL MARCH 28, 2011 4. Bill Dinsmoor said he does not think streets are an appropriate venue at any time. Dinsmoor pointed out that lost business cannot be added back in. 5. Michael, Chequers, said the closing of street in the vicinity of his store means there is no traffic in his store. Michael said the hones from the BBQ came into the store and negatively affected the store. Michael agreed if this event takes place it should be in a different venue. Michael noted the end of August is the last hurrah for summer business. 6. David Fleisher, Pitkin County Dry Goods, told Council anytime the streets are shut down, it affects his business. For Spring jam, Cooper Avenue was closed at 4 PM and during those 3 hours, he lost about $8,000 in sales. Fleisher said it is important to support the community when it is a great community event. Fleisher said vitality is not always about increasing the frenetic nature of Aspen. Extending the farmer's market another block has affected Saturday business. Fleisher pointed out 508 Cooper will be torn down and will be a construction zone this summer, which will also affect business. 7. Babs, Big Wrap, passed out letters from other business owners who could not be present. Babs told Council when she was approached by the BBQ event organizer, she was against closing the street and told the organizers she would give them one year. Babs said it was not a successful event; there was no seating, there were no bathrooms, there was no garbage bins. Babs said the smoke and fumes came into the surrounding businesses. Babs suggested the city determine guiding principles for special events. 8. Wheaton Auger, 520 Cooper, said he lost all his business to this event. This was a community block party and a block part should be about the local community and no local businesses were involved in the BBQ. Auger said events like this should take place at Highlands or Snowmass. Auger asked the city not to allow this event on the streets again and not to give tax money to this event. 9. Rob Ittner, Rustique, said there should be a better template or check list for special events. Ittner said food vendors at special events take people away from eating in restaurants. Ittner noted shopping does not preclude people from doing more shopping or from eating afterwards. Ittner said Soupskol runs from 5 to 7 PM and is very damaging to local restaurants. Ittner said there are ways to make events more win/win. 10. Jay Maytin asked for a speed bump to be installed on Park Circle. Maytin noted two speed bumps will be installed in the area and requested the one on Park Circle be done at the same time. Council asked staff to see if this work can be consolidated. Councilman Torre said he supports looking at the capital expenditure to see if the money can be moved up one year. 11. Paul, Hickory House, said his business, which is mainly BBQ, was affected by this event. Paul said it is not fair to local businesses to allow an event like this. Paul said he does not feel the BBQ brought people to Aspen for that event. 12. Mike Maple told Council the food tax rebate was created in 1970 when the city sales tax was 1% and the rebate was $7. This was increased to $21 in 1973, increased to $39 in 1981 and to $50 in 1999. The sales tax is now 2.1% and groceries have gone up. Maple said he thinks an annual adjustment makes sense so that the food tax rebate tracks with sales tax and cost of 3 REGULAR MEETING ASPEN CITY COUNCIL MARCH 28, 2011 groceries. Mayor Ireland said Council will have to see what can be accomplished within the budget and with 5900 residents. 13. Rohn Fleming, Little Annie's, stated he supports the previous comments about the BBQ 14. Tim Donohue, Optical Illusions, said blocking of streets and eliminating parking causes problems for retailers. Donohue said the odor caused difficulties with his shop. Mayor Ireland said there is no application for an event yet. Mayor Ireland said there have been constructive criticisms which will be taken up with the special events committee. Mayor Ireland said another side of special events is that people may come for an event and decide to come back to Aspen again. It is difficult to measure the intangibles. Mayor Ireland agreed local businesses contribute to local charities. COUNCILMEMBER COMMENTS 1. Councilman Torre said the disabled Veterans are in Aspen and Snowmass for winter sports. Councilman Torre thanked the Elk's Lodge for volunteering to head this up. 2. Councilman Torre said the Wheeler Opera House is putting on 7908, Singer /Songwriter Festival March 30 to April 2 The ticket prices range from $18 to $37.50 and there are great shows available. 3. Councilman Torre said there is a Council work session tomorrow on plastic water bottles. Councilman Torre said he is not in favor of a fee based system. Councilman Torre showed biodegradable bags from a local business. 4. Councilman Johnson noted the bears are out and citizens should be locking their garbage. 5. Councilman Johnson announced that Jake Morgan won the national NASTAR championship for 5 and 6 year olds. 6. Councilman Skadron said he was just in Washington DC on behalf of RFTA and met with Aspen's congressional delegation seeking support for the BRT program. He also met with the FTA, from whom the money comes. 7. Councilwoman Kruger thanked Council for appointing her to Council; it has been an eye opening experience. Councilwoman Kruger said she appreciates the vote of confidence. 8. Mayor Ireland said Ruth Kruger has been an asset to Council and he appreciates her service. 9. Mayor Ireland noted that Oregon placed a 5 cent bottle deposit years ago and people have stopped littering for 5 cents. 10. Mayor Ireland echoed Councilman Johnson's note that the bears are back and the city will be enforcing rules about bear proof cans. Mayor Ireland said the police department has information on bear proof cans. 4 REGULAR MEETING ASPEN CITY COUNCIL MARCH 28, 2011 11. Mayor Ireland said that transit funding in the federal budget is a target and may be reduced or eliminated, which would spell trouble for the RFTA bus rapid transit program. 12. Mayor Ireland suggested the Wheeler lease be moved from the end of the agenda to right after the consent calendar. Council concurred. 13. Chris Bendon, community development director, announced the city has issued a new draft AACP which is available on the city's website aspenpitkin.com. Bendon said there are paper copies available in his office. Bendon noted this draft addresses what staff heard throughout the process. P &Z will hold its first hearing April 12 at 4:30 PM, Rio Grande room. 14. Chris Bendon, community development director, told Council his staff has been expecting a preservation application for the Given and has been told that application will not be submitted and the building will be demolished. Mayor Ireland asked the property owner give this one last thought. The Given is a large building, built to serve any number of functions. The building does have some history and it would be great to see that history honored if there is a way to do it. Mayor Ireland said taking any usable building, crushing it and sending it to the landfill is doing the environment a disservice; there is energy embedded in any structure. Mayor Ireland said he hopes in the future Council will look at ways to incentivize not taking structures to the landfill. Mayor Ireland noted in recycle, reuse and reduce, reuse is more important than recycling. Mayor Ireland thanked the applicant for taking time to talk to staff regarding possibilities for this site, and thanked Amy Guthrie for trying hard to preserve the building for future generations. 15. Councilman Torre reported that the Sister Cities committee is sending 10 kids to Chamonix and 10 kids to Bariloche. Councilman Torre said this is a wonderful program and serves a great purpose. 16. Mayor Ireland said he has been invited to participate in the Institute for Sustainable Tourism in North Carolina next month and will talk about the demographic changes in Aspen and will learn about what is happening in other resorts. 17. Mayor Ireland announced that April 27, Jim Wescott, the state demographer, will address Council and the BOCC on the census report and changes in this area. CONSENT CALENDAR Councilman Torre requested Resolution #23, Series of 2011, Contract for ARC Locker Room Design be removed from the consent calendar. Mayor Ireland moved to adopt the consent calendar as amended; seconded by Councilman Torre. The consent calendar is: 5 REGULAR MEETING ASPEN CITY COUNCIL MARCH 28, 2011 • Resolution #22, 2011 — May /June Election Polling Places • Resolution #24, 2011 — Contract — 2011 Concrete Replacement • Minutes — February 28, March 1, 4, 14, 2011 All in favor, Councilwoman Kruger abstained on the minutes, motion carried. RESOLUTION #23, 2011— Contract —ARC Locker Room Remodel Contract Councilman Torre noted the memo states a remodel costing $350,000 is normal in the industry as being necessary every 8 years. Councilman Torre said if this is true, is the recreation department budgeting another $350,000 for 2018. Tim Anderson, recreation department, said the department hopes to choose material that will hold up longer than 8 years. Councilman Torre asked about the fixed fee of $29,500 and the total cost of the project. Tim flagman, architect, told Council the assumption is the project will cost $400,000. Anderson said this contract is for the design, not construction and the architect will help will choosing materials that will last longer and have a locker room that reflects the environmental stance of the community. Anderson said the construction is in the 2012 AMP budget. Anderson told Council staff plans on getting the users involved in the project. Councilman Johnson said he checked out the locker room today and found it clean, gorgeous, functional representative of the city. Councilman Johnson stated he does not support this work without knowing more about issues that cannot be seen. Anderson said there are issues with the floor drains, survey complaints about rust in and on the lockers, countertops, and rust on stall dividers. Councilman Johnson asked if it is possible to do a repair and maintenance at a lower cost rather than a remodel. Councilman Johnson said he is concerned about a remodel of $350,000 after only 8 years. Anderson said staff hopes there is a reduction in both utility costs and in labor costs with new materials. Councilman Skadron noted staff has stated it is typical to see need for renovations in heavy use areas over time. Anderson told Council the moisture in the air and the chlorine cause rust. Councilman Skadron supports staff's recommendation to do this work before there is more deterioration. Councilwoman Kruger said she can support doing the design work and identifying how to improve energy efficiency. Councilwoman Kruger said she would like to see recycle, reuse of the equipment where possible. Councilman Torre said he does not prefer the contract at this point as it is based on a $400,000 project which may or may not be done. Councilman Torre said he can be convinced about a scope of work but he would like more information and a site visit. Mayor Ireland said as a user he feels the facility is clean and well maintained. Mayor Ireland said he would like to know the life cycle of changes to evaluate whether these make long term fiscal sense. Mayor Ireland moved to continue Resolution #23, Series of 2011, and to have staff schedule a site visit; seconded by Councilman Skadron. All in favor, motion carried. 6 REGULAR MEETING ASPEN CITY COUNCIL MARCH 28, 2011 ORDINANCE #11, SERIES OF 2011 — Amending International Energy Code Councilman Torre moved to read Ordinance #11, Series of 2011; seconded by Mayor Ireland. All in favor, motion carried. ORDINANCE NO. 11 (SERIES 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 8.46 OF THE ASPEN MUNICIPAL CODE TO ADOPT THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE. Councilman Torre moved to adopt Ordinance #11, Series of 2011, on first reading; seconded by Councilman Skadron. Councilman Skadron stated he supports staff recommendation and the action addresses Council's goals with renewable energy. Council's goal is to reduce consumption and the alternatives offered do not speak to the city's goals. Roll call vote; Councilmembers Johnson, yes; Kruger, yes; Torre, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. WHEELER OPERA HOUSE RESTAURANT LEASE Councilwoman Kruger recused herself due to a conflict of interest. Mayor Ireland noted Council has had work sessions with the applicants, asked follow up questions and received answers from the two finalists. These questions deal with assurances of affordability, the proposed lease rate and tenants improvements. Mayor Ireland said CP proposes 8% in addition to the base rent on an annual basis. The other applicant, Fiercely Local, said they would do that also. Mayor Ireland said in the question about assurances of affordability, neither group came up with a concrete proposal. Jay Maytin told Council he works in the restaurant business in town and favors the CP Restaurant Groups. Maytin said they are a strong company with a track record. Maytin said their proposal would offer long term employment as well as career jobs in their business. Maytin noted a company that owns several restaurants has buying power and can take advantage of pricing and lower inventory costs. Jon Busch told Council he was surprised by the cost of "house" wine at Lulu Wilson; it was very high and he has an ethical issue with that operator. Councilman Torre said this has been a difficult decision. Councilman Torre said his first preference was for a simple bar operation and his first choice is not on the table. Councilman Torre said he supports Fiercely Local because the proposal from CP Restaurants does not seem to address the lower price niche. Councilman Torre said "gastropub" and the design do not seem to address the lower price point. Councilman Torre said Bentley's is a community asset and he is afraid of the types of places Aspen is losing. Coordts - Pearce said gastropub is a place where locals gather. 7 REGULAR MEETING ASPEN CITY COUNCIL MARCH 28, 2011 Councilman Johnson said putting the opportunity for the community first is to have the best operator and he feels that is the CP Restaurant Group. Councilman Johnson said the revenues from the restaurant go back to support the arts and he would like to limit the city's risk and to go with CP restaurant. Councilman Skadron stated he supports the Fiercely Local group and sees opportunity to use this space to cultivate local business. Mayor Ireland said the revenue stream from this business is an important issue, which is why Council asked the question about base rent. Mayor Ireland stated he will support Fiercely Local and staff and the applicant will negotiate the agreement. Mayor Ireland said he would like to know how the tenant will maintain affordability and how that will be checked. ORDINANCE #10, SERIES OF 2011— Anderson Subdivision Jennifer Phelan, community development department, told Council the request is to reconfigure this two lot subdivision into two different lots on the site. Both Tots will be the same size as they are currently. The applicants are the City of Aspen parks department for lot 1, Anderson Park, and Orr Family Partnership for lot 2. This property is on the south side of Cooper Avenue at Riverside Drive. Ms. Phelan noted some Council attended a site visit March 22 " Lot 2 can develop a single family structure and it will have the same development after reconfiguration. Ms. Phelan said if lot 2 is reconfigured closer to Cooper Avenue, it will be less impactful to Anderson Park. Ms. Phelan pointed out due to steep slopes, if lot 2 is reconfigured, the FAR will be about 90 square feet than what is currently permitted. Ms. Phelan said the density will be the same as will the number of lots; staff supports approval of the application. Ms. Phelan noted since this is public land, the reconfiguration will have to be voted on at the May election. Ms. Phelan said this ordinance requires the structures on lot 2 to be developed at the approximate elevation of Riverside Drive. Another condition of the ordinance is that the basement level not be exposed in order to limit the impacts on Anderson Park. Mayor Ireland moved to adopt Ordinance #10, Series of 2011, on second reading; seconded by Councilman Skadron. City Attorney Worcester suggested an amendment to the ordinance, Section 7, approval of this ordinance is specifically conditioned upon approval of the voters of the City of Aspen of an exchange of property as set forth in the ballot question referred to the voters by Resolution #25, Series of 2011. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to amend his motion to include Section 7; seconded by Councilman Skadron. Roll call vote; Councilmembers Torre, yes; Skadron, yes; Kruger, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #25, SERIES OF 2011— Ballot Question 8 REGULAR MEETING ASPEN CITY COUNCIL MARCH 28, 2011 Mayor Ireland moved to approve Resolution #25, Series of 2011; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE #3, SERIES OF 2011— Engineering Fees ORDINANCE #4, SERIES OF 2011— Community Development Fees Chris Bendon, community development department, reminded Council at the last meeting, staff presented 5 scenarios and Council indicated they preferred scenario 4 and 5. In these scenarios, Council liked the lower subsidy, the graduated fee schedule and the low flat fees for projects up to $10,000. Council indicated they agreed with some subsidy for development. These are now options A, and B both of which focus on a low flat fee for projects up to $10,000 and projects above $200,000 will pay the full fee. Option A is a 20% subsidy at about $800,000 /year; Option B is a 23% subsidy or $930,000 /year. Bendon reminded Council the ordinance will not take effect until September. The ordinance includes an incentive program for applicants to submit in a standardized format, which will reduce staff time. Bendon said staff feels the implementation will be simple and staff will conduct outreach with architects and builders. Trisha Aragon, city engineer, noted the implementation date in the engineering fee ordinance is July I Mayor Ireland moved to adopt Ordinance #3, Series of 2011, on second reading; seconded by Councilman Skadron. Councilman Johnson said the engineering fee ordinance has a 10% reduction for projects that are "clean sites" and stated he would like a definition. Ms. Aragon said there is a definition for the punitive side and the incentive would be a complement already outlined for sites. This is a progressive program starting with verbal warnings to written warnings to red tags. Ms. Aragon said a verbal warning would not count against a project's incentive; however, a 3` warning and a red tag will eliminate any incentive. Councilman Torre stated he is not in favor of an incentive for people doing what they are supposed to be doing; however, if staff feels it will save time and gets the work done, he can support that. Councilwoman Kruger asked how staff can justify billing $265/hour. Ms. Aragon said that is rate it costs engineering staff to process permits. Bendon told Council staff approached this from the actual costs to provide the services and the easiest way to do that is on an hourly basis. This provides a benchmark from which Council can discuss subsidizing development. One pays $265 /hour for engineering services. Councilwoman Kruger asked how many people there are on staff now and how many there were. Bendon said community development went from 28 -1/4 FTEs to 14.5 FTEs, 12 of this reduction was layoffs. Ms. Aragon said engineering had a 40% reduction on those services related to building permit review. Councilwoman Kruger asked if this was actual people or job descriptions. Staff said these were actual people. Councilman Kruger said in this economy, it is not the time to add fees to construction; it may create a barrier to entry for the small business. Councilwoman Kruger said a restaurant remodel would be at Least $300,000. Councilman Johnson noted engineering fees have not been charged before. 9 REGULAR MEETING ASPEN CITY COUNCIL MARCH 28, 2011 Bendon pointed out every community supports development to some level and Council has to decide at what subsidy they are comfortable and what other things the city cannot afford because of development subsidies. Councilwoman Kruger asked how the staff explains a charge of $265/hour. Bendon said the engineering fees are on a per square foot basis and the fees cover an entire project. Mayor Ireland said everyone in the community has to suffer consequences of fiscal management. The city has already Laid off 10% of the staff and a large development subsidy is not justifiable. Roll call vote; Councilmembers Skadron, yes; Torre, yes; Johnson, yes; Kruger, yes; Mayor Ireland, yes. Motion carried. Mayor Ireland moved to adopt Ordinance #4, Series of 2011 on second reading with option A with a total subsidy of $800,000; seconded by Councilman Skadron. Stephen Kanipe, building department, explained how the energy fee is calculated and that commercial is higher because it runs all the time; residential has time controls. Kanipe said he used 8 years of data to establish these fees. Councilman Johnson agreed he is not comfortable increasing fees on an industry that is not very healthy. Councilman Johnson said it is difficult to define subsidy, what is public, what should be subsidized and he would be more comfortable with a 25% subsidy. Councilman Johnson asked if there is a way to distinguish between commercial and residential and to give commercial construction a slightly greater break. Mayor Ireland said he feels the fees should be the same for residential and commercial and to provide aid to industries in the short term, the 25, 50 and 75% could be lowered for 2011 and then increase for 2012, which also could be reconsidered in light of the economy. Councilwoman Kruger said because of the economy and the construction industry, she will have difficulty supporting any increase. Councilman Kruger said she would prefer to delay the increase of fees to 2012. Councilwoman Kruger said she would like projects over $300,000 pay full fees rather than projects of a lower cost. Bendon told Council that 56% of the permits are $10,000 or less and 93% of the permits are less than $250,000. Mayor Ireland moved to amend the ordinance that the fees for 2011 will be reduced by ''A each (25% less 6.25; 50% minus 12.5 and 75% minus 18.75) to be in effect for 2011; in 2012 and 2013 the fees will be at a level to reduce the total subsidy to $700,000 with fees to reflect that recapture. This targets 2011 and does not create an ongoing subsidy. Councilman Skadron noted this fee increase is part of an equation for the city and there are impacts on other parts of the city when this number is moved up or down. Councilman Skadron said he feels the staff s proposal is rooted in good science. Councilman Skadron said if he knew that for each $100,000 subsidy resulted in X economic growth, it would make sense to move the numbers around. Mayor Ireland said he feels economic activity has to do with whether banks will loan money or projects can be sold. Councilman Johnson pointed out the previous subsidy for development was $1.8 million; if the subsidy is lowered to $800,000, $1 million is being laid on the development community. Councilman Johnson said businesses have closed and people have moved away due to the economy. Councilman Johnson said he feels residential construction can support these increases. Councilman Torre said he favors integrating options A and B at 23% subsidy with a fee schedule rate similar to option A. Councilwoman Kruger reiterated she has difficulty raising fees on an 10 REGULAR MEETING ASPEN CITY COUNCIL MARCH 28, 2011 industry that creates jobs. Mayor Ireland said he does not accept the premise that the industry is fee driven. Councilwoman Kruger said at the very least, she would prefer not to add these fees until after September although the industry will not be different in September. Mayor Ireland said no one has proven to him that lower fees stimulate the construction industry. Councilman Torre moved to adopt Ordinance #4, Series of 2011, on second reading, implementing an option A/B with a 23% percent subsidy level scheduled on a 10,000 to 50,000; 50,000 to 150,000 and 150,000 to 250,000 schedule like option A including no fees for projects of less than $10,000 and projects over $250,000 paying full fees; seconded by Mayor Ireland. Councilman Torre said he does not think the city should be subsidizing development to the level it is. Mayor Ireland suggested making the implementation later in the year so it can be part of the budget implication review. Councilman Torre amended his motion to make this ordinance effective November l seconded by Mayor Ireland Roll call vote; Councilmembers Torre, yes; Johnson, no; Skadron, yes; Kruger, no; Mayor Ireland, yes. Motion carried. Councilman Johnson moved to adjourn the meeting at 9:05 PM; seconded by Mayor Ireland. All in favor, motion carried. kr/ delL_ n Koch City Clerk 11