HomeMy WebLinkAboutminutes.council.20190408Regular Meeting Aspen City Council April 8, 2019
1
SPECIAL PUBLIC APPEARANCES .......................................................................................................... 2
CITIZEN COMMENTS ............................................................................................................................... 2
CITY COUNCIL COMMENTS ................................................................................................................... 2
AGENDA AMENDMENTS ........................................................................................................................ 3
CITY MANAGER COMMENTS ................................................................................................................ 3
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #42, Series of 2019 – Federal Requirement for Water Meter Replacement Grant
Application .................................................................................................................................................... 3
Resolution #43, Series of 2019 – Concrete Replacement and Pedestrian Improvement Project .......... 3
Resolution #47, Series of 2019 – Support for Thompson Divide Coalition ......................................... 3
Board Appointments ............................................................................................................................. 3
Minutes – March 25, 2019 .................................................................................................................... 3
ORDINANCE #6, SERIES OF 2019 – Historic Preservation Benefits Code Amendments ........................ 3
ACTION ITEM – Dynamic Message Sign (DMS) – EOTC follow up ........................................................ 6
EXECUTIVE SESSION ............................................................................................................................... 6
Regular Meeting Aspen City Council April 8, 2019
2
At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Hauenstein
Myrin, and Mullins present.
SPECIAL PUBLIC APPEARANCES
Architecture Month Proclamation. Mayor Skadron read the proclamation. Reed Lanfhofer, architect,
accepted the proclamation and said the APD received LEED Gold. It is another achievement for the
community.
CITIZEN COMMENTS
1. Bob Morris talked about snow plows in his neighborhood. Cars and driveways are getting
plowed in with lots of ice. His neighborhood does not get serviced by RFTA.
2. Toni Kronberg asked why the city is not using bonds for the financing of city offices. She also
asked why the remodel of the armory is not included.
3. Lee Mulcahy again asked for a public hearing related to his home.
4. Peter Fornell thanked Bert, Adam and Steve for their service. It has been a pleasure to be around
you. The streets department did a great job removing snow. Let it snow and keep doing a great
job out there.
5. Mick Ireland thanked to Linda, Adam, Bert and Cale for running for office. Walk around with
pride. You each brought something forward we should pay attention to. It is what makes
democracy function.
CITY COUNCIL COMMENTS
Councilman Myrin said the message from the voters was pretty clear. Everyone on the current council
received a vote of no confidence. We need some course correction. He thanked staff for the Information
Update. The downtowner is a bit confusing and frustrating. He is unclear why 100% renewable is not an
option. Hopefully it will be looked at by the future council at some point. It is a change in product.
Councilman Hauenstein thanked Ann for her efforts running for mayor. You didn’t let anybody down.
He is look forward to working with her the next two years. Torre is the example if you really want
something, don’t give up. I pledge to continue to be connected with the new council and respect their
point of views. April 13th at the high school is the Shining Mountain pow wow. to 4 pm. Admission is
$10. 18 and under is free. He also mentioned the mountain top Easter service on Easter Sunday. There is
special pricing for a foot pass. Service starts at 8:30.
Councilman Frisch gave a hats off to Ann for running a great campaign. Congrats to Torre. Theatre
Aspen production is this weekend at the Wheeler.
Councilwoman Mullins said for architecture month, it is one more chance to plug the Bauhaus
celebrations. They will be going on through August. Lots of good stuff going on. You may see a bunch
of people from all over Colorado in town. Downtown Colorado Inc is here. This was a great group of
candidates during this election. Everyone was so committed and so excited. I think the citizens really
appreciate the people who step up and appreciates the people who put themselves out there. Congrats to
the winners. I look forward to working with this new council.
Mayor Skadron said it is hard to sit at this table and even harder to run. Congrats to those who garnered
the most votes. One of the fun parts of this job is I’m often asked to say some words at the school. Ms.
McGonigle, 3rd grade teacher asked me to come speak. Mayor Skadron read some of the thank you notes
from the students.
Regular Meeting Aspen City Council April 8, 2019
3
AGENDA AMENDMENTS
Mayor Skadron said Resolution #40 – MeetMe Center will be pulled from the consent agenda.
CITY MANAGER COMMENTS
Sara Ott, city manager, said last weekend was Aspen Ascent, 1st uphill summit was a great success. 80
participants. Thank you staff for making that happen
BOARD REPORTS
Mayor Skadron said Aspen ascent is built around the uphill economy. It was a hit. We got some state
wide coverage. We are being proactive as to how our economy is unfolding. It is becoming a region
wide western slope conversation. Huge thank you to Jessica Garrow and her team including Philip
Supino. Thanks to Mitch, Nancy, Mike, Michelle, Ben and Paul..
CONSENT CALENDAR
Mayor Skadron said on the board appointments, thanks to Brittanie, Don, Alexandra, Morris, Phil, Peter
and Tim.
Thanks to all the citizens for stepping up.
• Resolution #42, Series of 2019 – Federal Requirement for Water Meter Replacement
Grant Application
• Resolution #43, Series of 2019 – Concrete Replacement and Pedestrian Improvement
Project
• Resolution #47, Series of 2019 – Support for Thompson Divide Coalition
• Board Appointments
• Minutes – March 25, 2019
Councilman Frisch moved to adopt the consent calendar; seconded by Councilwoman Mullins. All in
favor, motion carried.
ORDINANCE #6, SERIES OF 2019 – Historic Preservation Benefits Code Amendments
Amy Simon, community development, said since the mid 80s council and HPC has seen themselves as
partners with the people who own the resources in town. The overview of amendments include interior
demolition is not permitted beyond 50% of the upper floor. On a 6,000 square foot designated sites there
can be a duplex. On no historic sites it needs to be 9K. We want detached smaller structures. On
parking, HPC always had the ability to waive parking on site when it can’t fit on the property. We need
some flexibility to say parking is not required on site. We are proposing waiving the cash in lieu fee,
same as today. On commercial properties HPC can say the parking does not fit but you have to pay the
fee. Related to the floor area bonus, one of the most financially valuable incentives, sometimes makes
additions that are already big, bigger. We are proposing a sliding scale for the bonus based on lot size. A
3,000 square foot lot could get 250, 6,000, 300 and 9,000 could get the full 500. We want to encourage
great outcomes. We added new criteria to reward specific outcomes with a bonus. A citizen driven
suggestion is related to large light wells. The suggestion is to reduce the amount of floor area calculated
for basement areas. Councilman Frisch said people want a bigger light well to get light in to the interior
of the home to make it more livable. What is the difference in a sunken back yard and a light well. Ms.
Simon said this example is more than daylighting. If people are limited to basements we want to make it
livable. Prior to the amendment it would count more against the floor area. Jessica Garrow, community
development, said it could be achieved now. What is different is how it is calculated related to floor
area.
Regular Meeting Aspen City Council April 8, 2019
4
For growth management, there are two aspects. We proposed a few ideas to respond to council’s concern
regarding affordable housing. At the last hearing we understood council wanted the benefit dropped and
not replaced. Over 4 years it is a reduction in $405,000 per year average in reductions. We are interested
in reducing permit fees in some way equivalent to the affordable housing waiver. We have not changed
what is required to commercial properties. The waiver is still important. They don’t have as many
benefits available as residential properties. Over 5 years 4 FTEs have been reduced.
TDR amendments include council given the ability to use discretion when granting TDRs. They are
worth around $185,000 each. Overall it is a very successful program. The main thing to change the
program is to give Council discretion. You would receive a recommendation from HPC. There was a
citizen suggestion in the MU zone, many years ago there was an amendment, anyone creating a new
single family home takes a 20% floor area hit.
Councilwoman Mullins said it is a really interesting process. The priorities have changed. Most of the
incentives were put in place in the 80s. The need for affordable housing was not as great. The value of
the homes was not as great. Interesting rebalancing of the priorities and the way the program is run. I
want to make sure we don’t do something that weakens the program or limits the participation. The only
thing I heard is not an equal vent to the affordable housing waiver. Ms. Simon said we understand the
concern with the continued impact on affordable housing. We still feel it is important. We’ve received
comments about the cost of going through the program. We don’t think it should just be a dollar and
sense discussion but a good will one too. These projects have to go through extra effort. Ms. Garrow
said if that is the direction we would have to continue the meeting and do some work with the finance
department. The other thing is the idea of expedited permitting. When so many things are expedited
nothing is. She would not recommend that. It would not be a value. Councilwoman Mullins said HPC
does not have purview over interiors, can we stipulate the change with the FAR calculation. Ms. Simon
replied yes, we have added it to HPCs power.
Councilman Hauenstein said someone could gut a 2nd floor, they wouldn’t gain a bonus to be used
somewhere else. Ms. Simon said we received a comment from Bill Guth on that topic. We’ve written it
so you can’t demo more than 50% of the interior. He is asking why we can’t demo all of it and not get
the bonus. That is a good point. Councilman Hauenstein said he is concerned about the ability of council
to have discretion on the TDRs. I want to make sure it is up to the discretion of council and not given by
right. Ms. Garrow said it very clearly stated at council discretion. Councilman Hauenstein said he can’t
support waiving affordable housing for commercial. Everyone has acknowledged the importance of work
force housing. I can’t support this with that included. Ms. Simon said we want to address that portion of
the inventory. We wanted to offer that partnership for commercial properties. Mayor Skadron asked
what would have happened if the waiver had not happened. Ms. Simon said HPC would have required
restoration. Ms. Garrow said we don’t know what kind of project it would have been. Throughout the
code there are reductions in affordable housing. We heard an interest from council to look more broadly
at the GM section of the code.
Councilman Myrin said you asked a good question as to what would happen to the property without the
waiver. I think it would be a conversation between the buyer and seller. Councilman Hauenstein said I
think the market will set the price. He asked what council thinks about HPC waiving parking for
residential.
Councilman Frisch said part of why Aspen is different from other communities is our HP program. I still
think government should invest as little as possible into the private sector. I buy in to the partnership
aspect, but what needs to be given away. There should be a difference between the benefits given to a
voluntary program like Aspenmodern and a required one with the Victorians. A lot of this development
would have happened with the same love and care without the waivers. How do we make sure we have
the appropriate amount of incentive. I prefer it to just go away. The only way I would suggesting looking
other places is if we think there will be derelict of preservation to the unpreserved buildings we have. I’m
going to argue there would have to be a pretty substantial change to the real estate market. How do we
make sure people feel like they are being looked after for doing the right thing. On the commercial, I
Regular Meeting Aspen City Council April 8, 2019
5
don’t think we should have affordable housing on the chopping block in any HPC discussion. If you
think money is needed it is a general fund discussion. I think we need to protect the revenues coming in
for affordable housing. Demolition of the interior 2nd floor is great. He is supportive of removing it and
not getting credit of it. He supports Bill’s suggestion. Ms. Garrow said TDRs can be severed off of a
residential or commercial building. The calculation is based off of residential floor area. Councilmman
Frisch said he appreciates the money may not be that big but the perception is.
Mayor Skadron opened the public comment. Ms. Simon entered into the record emails received. Rally
Dupps said he supports the efforts and proposed amendments. Derek Skalko is concerned with additional
design restrictions. Bill Guth said amendments are unnecessary and you should not remove any
incentives. The current code provides just enough to level the playing field. He is discouraged about the
affordable housing waiver. He suggested an amendment to duplex and the requirement that they be
attached.
Mayor Skadron said the sense on council is around no waiver of affordable housing even on commercial.
Ms. Garrow asked would you like us to remove the affordable housing reduction for historic properties.
If so, would you like us to look at other ways to backfill that. Ms. Simon said we don’t want a stigma on
historic properties that they are harder to sell. Councilman Frisch said I have no interest to start shifting
things around. I think there are too many waivers given out. If staff, HPC and the community want a
discussion it is a different story. I think we have been over generous to the program. When you are
selling homes for 19 million the last 100,000 will not come down to anything. He is supportive of
everything except the affordable housing waiver for commercial. Councilwoman Mullins said it is wise
to move forward with no waivers for residential or commercial and not coming up with some substitute. I
would not touch the parking either. It is unwise to do too many things at the same time. There is a lot
going on in here.
Mayor Skadron closed the public comment. I support Bert’s position on this. I think we should do away
with the affordable housing waiver on commercial.
Councilman Myrin said on the process, we have an ordinance in front of us that we could pass tonight.
On commercial, I support no waivers. If that requires minor surgery maybe it should be a separate
ordinance. On the sliding scale for the bonus it looks like it is a fixed amount at each tier. Ms. Simon
said we wanted to make it a clear cut off process. Councilman Myrin said it makes it a larger benefit as
soon as you cross the threshold. It would make more sense to have it scaled. Ms. Garrow said we can do
that but it is another complication. Currently any lot qualifies for 500 square feet. We tried to make it in
a way applicants can understand. Councilman Hauenstein said I understand it is a maximum and not
granted by right. Ms. Garrow replied correct. Councilwoman Mullins said she is fine with what staff
proposed. Councilman Myrin said we end up with houses with appropriate FAR without the tiers. Mayor
Skadron said I support Bert’s comment to get to FAR that is appropriate for the lot size. Ms. Garrow said
this simplification is more tied to lot size than it is today. Ms. Simon said I think it has the potential for
adding more. Councilman Myrin said only on lots that are appropriately sized. Councilman Frisch said is
it worth the complication. Councilwoman Mullins said staff has come up with something that works and
the applicant can understand what it is. Councilman Hauenstein said I agree with Bert. It would be easy
to scale. Mayor Skadron said it is a good suggestion. Councilman Myrin said he agrees with Bill’s
suggestion on the interior demo. He is not convinced we need to do the change to TDRs in the MU zone.
Councilman Hauenstein said he doesn’t want to change the rules after the Mesa Store has been split. The
20% reduction would still apply to a single family homes just not the TDRs. Ms. Garrow said it would
created more TDRs that could be landed elsewhere. Councilman Hauenstein said he can support this as a
tradeoff for some of the incentives we are removing. Councilman Frisch said I support Bert. I think it is
worth doing the math. Ms. Ott suggested making the tiers smaller or have more of them. Councilman
Frisch said he supports using the FAR math. Ms. Garrow said we can go back and do that and have
clearer language on the GM piece. Councilman Myrin said page 127 increase density on the smaller lots,
2 detached dwellings. Will this allow more density. Ms. Garrow replied these are all of the benefits that
are currently available. In every aspect of the amendment we are being more strict except basement light
wells. Councilman Myrin asked is it the same with variances. Ms. Simon said the only change is to the
word from variance to variations. Jim True, city attorney, said we tweek the review criteria for TDR right
Regular Meeting Aspen City Council April 8, 2019
6
and some of the wording in that paragraph. We want to clarify some of the language making discretion
clear.
Councilman Hauenstein moved to continue Ordinance #6, Series of 2019 to May 13th; seconded by
Councilman Frisch. All in favor, Motion carried.
ACTION ITEM – Dynamic Message Sign (DMS) – EOTC follow up
Dave Pesnichak, regional transportation administrator, said the EOTC retreat will be August 7th. There is
an open house this Wednesday from 5 to 7 at CMC. At the last meeting on March 20, $400,000 was
reallocated from 2020 to 2019. We placed a post identifying the location on HWY 82. The discussion is
based around the size of the sign, 18 foot versus 26 foot. The messages should show some of the
abbreviations we are looking at. I met with the Snowmass Village council earlier and they decided to go
with the 26 foot but are fine with 18. Mayor Skadron said I don’t like the messaging, placement or size. I
want the smaller size and I don’t want it interfering with Cozy Point. Mr. Pesnichak said on placement
that is the only spot that does not interfere with Smith Way and allows enough reading time.
Austin Weiss, parks, said they are concerned with the visuals coming in to town. As manager of cozy
point and Aspen mass we are aware of the placement.
Councilman Myrin said I agree with Steve. Councilwoman Mullins said I do too. We worked so hard to
have cozy point be a wonderful experience and all they will see is the sign. Your eyes are going to go
towards the sign not anything else. Councilman Frisch said Ward and I were at the EOTC meeting. We
focused pretty quickly getting the overhang off. Some people were concerned with abbreviations and non
English readers being able to interpret them. Regarding placement, was there a plan B or C for location
like there was for the sizing. Mr. Pesnichak said for this type sign there is not a whole lot of leeway in
regard to placement. If you go down valley, because of the curvature of the road you get around 2 miles
away from the intercept lot. This is the prime location. On functionality, 26 feet is the most desirous and
gives the most flexibility. Professionally, I think you can get a reasonable message with the 18 foot sign.
I did ask four bilingual folks about the abbreviations and three of the four said they have no issues.
Councilman Frisch said the sign is not just 8 feet bigger. It is 8 feet times height. If you think we can get
by with 18, and not being able to change the placement, I think we should try the 18. Councilwoman
Mullins said I think we should take another look at the placement and see if it can be further down valley.
Mr. Weiss said less than a quarter mile down valley there is a cut bank. It may be more appropriate. It
may not work for other reasons.
Toni Kronberg said I think we need to revisit the placement. People are focusing on the Smith Hill road
intersection. If you put the sign before that it will be distracting for the intersection.
Mr. Pesnichak said it was our opinion placing the sign up hill from Smith Hill way was more dangerous.
Mayor Skadron said the direction is the smaller sign and some reconsideration of placement. Mr.
Pesnichak said in terms of the funding reallocation, a relocation would require pushing off and not
constructing until 2020. John Kruger, transportation, said the basic decision making process at the EOTC
is decisions are made at the meeting by the individuals that are there. If there is funding required it would
go back to each agency. The size was the only thing asked at the EOTC to take it back to each
jurisdiction. Councilman Hauenstein said I would rather get it built at 18 feet than put it off another year.
I would rather see it where it is proposed than delayed another year. Councilman Frisch suggested having
the engineering come in for an update.
EXECUTIVE SESSION
Mr. True recommended council go in to executive session pursuant to C.R.S. 24-6-402 (4)(f)(I) personnel
matters – review of City Attorney.
At 7:50 p.m. Councilwoman Mullins moved to go in to executive session; seconded by Councilman
Hauenstein. All in favor, motion carried.
Regular Meeting Aspen City Council April 8, 2019
7
At 8:30 p.m. Councilman Frisch moved to come out of executive session; seconded by Councilman
Hauenstein. All in favor, motion carried. Councilman Hauenstein moved to adjourn; seconded by
Councilman Frisch. All in favor, motion carried.
Linda Manning
City Clerk