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HomeMy WebLinkAboutminutes.council.20130311Regular Meeting Aspen City Council March 11, 2013 1 HONORARY COUNSUL GENERAL OF THE REPUBLIC OF LITHUANIA .......................... 2 CITIZEN COMMENTS ................................................................................................................. 2 COUNCILMEMBER COMMENTS .............................................................................................. 2 CONSENT CALENDAR ............................................................................................................... 3 ORDINANCE #10, SERIES OF 2012 – 602 E. Hyman Historic Designation/Aspen Modern ..... 4 ORDINANCE #9, SERIES OF 2013 – Code Amendment Small Campaign Contribution ........... 5 ORDINANCE #5, SERIES OF 2013 – 223 E. Hallam Lot Split ................................................... 6 ORDINANCE #6, SERIES OF 2013 – 401 Castle Creek Road Aspen Valley Hospital final PUD phases III and IV ............................................................................................................................. 6 Regular Meeting Aspen City Council March 11, 2013 2 Mayor Ireland called the meeting to order at 5:00 pm with Councilmembers Frisch, Johnson, Skadron and Torre present. HONORARY COUNSUL GENERAL OF THE REPUBLIC OF LITHUANIA Dr. John Prunskis told Council Lithuania allows its citizens to live abroad and still be full Lithuanian citizens. Prunskis noted 23 years ago March 11 Lithuania redeclared its independence. Prunskis said due to the diverse nature of Aspen and its stature as an international hub with business, culture, arts and politics, it is the perfect location for a consul of Lithuania. Mayor Ireland and Council welcomed Prunskis as the honorary consul general of Lithuania in Aspen. CITIZEN COMMENTS 1. Dorothea Farris, representing the White River national forest, told Council the forest service had a project to restore the Coal Basin, which was a cooperative project with cattle ranchers using livestock as a restoration tool, selecting appropriate seeds and using compost and biochar. There is interest to do this for another year and they need to raise $21,000. Ms. Farris said if this is successful, it could be a global example. Ms. Farris requested $2,000 from the city; they have asked other governments in the valley to commit to funds. Mayor Ireland said Council will put this on a work session agenda with other funding requests. 2. Neil Siegel brought up Ordinance #9, small campaign contributions and suggested if Council adopts this on first reading, they delay the second reading or the effective date until after this election cycle so the rules do not change in the middle of the election. 3. Lindsay Smith, representing the wildlife sanctuary in Rifle, thanked Council for their continued support and gave them bear-shaped cookies made by a small business, Boden’s Butter. 4. Heather Gustafson and Britta, both of whom were raised in Aspen, told Council they are bringing back the tradition of the Easter egg hunt at the historical society. Britta requested financial support from the city; their costs are about $1200 including the eggs, event insurance, and promotion. Council asked they submit a written request to the city manager to be included in the work session with other funding requests. COUNCILMEMBER COMMENTS 1. Councilman Johnson said the peewee hockey players A and B are going to the state championships. Aspen Junior Hockey put on a great show. Everyone should be proud of the kids and their hockey accomplishments. Regular Meeting Aspen City Council March 11, 2013 3 2. Councilman Johnson noted the Daily awards are going on right now at the ARC. These awards are given for team members who treat teammates with respect and who put the team interest ahead of themselves. 3. Councilman Torre wished best of luck to Aspen skiers who are travelling for competitions; Miles Pember is heading to the junior Olympics. There are 4 kids from AVSC going to Abetone, Italy, for the Pinocchio downhill. 4. Councilman Frisch commended the art teachers in the valley who hosted the empty bowl fundraiser which raised money for Lift Up. 5. Councilman Frisch noted it is the 25th anniversary for Roaring Fork Leadership, who had Governor Hickenlooper to speak to them. 6. Councilman Frisch said he spent the morning helping to search for Jeff Walker who is missing at Highlands. Councilman Frisch said hats off to Mountain Rescue and the ski patrol for their hard work in looking for Walker. Councilman Frisch said it is nice to know the community is behind people. 7. Councilman Frisch brought up the Mountain House and the article in the newspaper. Councilman Frisch stated it is not good for the community when mid-price lodging is lost; town needs a variety of visitors. Councilman Frisch said he would like to discuss this topic in public rather than in an executive session. Councilman Frisch said the highest and best use of this property is for public discussion. The value of the property as a residence is about double that for a lodge. Mayor Ireland said he requested an executive session to discuss legal means the city may have available that should not be public discussion. 8. Mayor Ireland congratulated the Aspen High School basketball team for their efforts in this season. 9. Mayor Ireland stated he is going to Abetone, Italy, to support the Aspen kids and to support their application to be a sister city. CONSENT CALENDAR Mayor Ireland moved to adopt the consent calendar; seconded by Councilman Frisch. The consent calendar is: Resolution #24, 2013 - Agreement and Release with Aspen FSP-ABR, LLC Resolutions #21, 22, 23 - 2013 - Rio Grande Park Restroom Building & Pumphouse construction and supply contracts Minutes - February 25, 2013 All in favor, motion carried. Regular Meeting Aspen City Council March 11, 2013 4 ORDINANCE #10, SERIES OF 2012 – 602 E. Hyman Historic Designation/Aspen Modern Mayor Ireland moved to read Ordinance #10, Series of 2013; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE #10 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING ASPENMODERN HISTORIC LANDMARK DESIGNATION FOR THE PROPERTY LOCATED AT 602 E. HYMAN AVENUE, LOTS K AND L, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO Amy Guthrie, community development department, told Council this is a voluntary designation through the AspenModern program. This is a mixed use commercial and residential building. Ms. Guthrie reminded Council they saw this with a proposed third floor; since then the owners have rethought the design and have offered voluntary designation. The applicants are not requesting any incentives other than those offered with historic designation. Ms Guthrie pointed out this is an opportunity for Council to call up HPC’s conceptual approval. Councilman Johnson noted there is a request to waive the $90,000 cash-in-lieu parking payment. Ms. Guthrie said that is a preservation benefit; the applicant is not asking for more floor area or other benefits. Councilman Frisch said he supports this and is not interested in calling it up. Councilman Skadron asked why the applicant is pursuing designation rather than the original plan. Sunny Vann, representing the applicant, said this project came up before an ordinance that would have reduced the allowable height in the zone district. The applicant purchased the property and filed an application, which did not require historical designation; residential uses were permitted in the zone in non-designated buildings. The applicant went to HPC, who approved it; Council called that approval up and then declined to refer it back. Vann said he submitted an application for subdivision review. During that time, the owner was working with the architect and came up with a simple approach to reach the same goals and which did not require a third floor. Vann told Council they looked at whether the existing free market unit in the building could be expanded to accommodate the owner’s needs and without a 3rd floor. The applicant decided to take that route. The city has a code requirement that two applications cannot be pursued simultaneously so the applicant withdrew the application with a 3rd floor. During then Council adopted a code amendment reducing the allowable height and that free market residences can only be in historically-designated structures. The project as redesigned is 100% in compliance with the underlying zone requirements. The issue of parking at the rear of the property has to be addressed; ADA requirement have to be met, which reduces parking. Under historic designation, one may request a reduction in parking as well as the parking fee be waived. Vann pointed out this is a small 800 square foot increase in floor area; HPC felt waiving the parking fee was reasonable. Regular Meeting Aspen City Council March 11, 2013 5 Councilman Johnson moved to adopt Ordinance #10, Series of 2013, on first reading; seconded by Mayor Ireland. Roll call vote; Torre, yes; Skadron, yes; Frisch, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #9, SERIES OF 2013 – Code Amendment Small Campaign Contribution Jim True, city attorney, told Council this amendment would require the disclosure of the name and address for any amount campaign donation. True stated this is a policy decision for Council to make. The intent of the state law was that these contributions were De minimis and reporting requirements were extensive so small donations were not required to be disclosed. True told Council he has not researched the legislative intent. True said it is within the city’s authority to make stricter requirements, including the requirement all donors be disclosed no matter the amount. True said if this ordinance went through the normal procedure, it would be effective April 17th in the middle of the election cycle and it makes sense to have an effective date after the elections. Councilman Johnson asked if this amendment would impinge on any freedoms. True said that is not the issue and there is case law associated with donations and candidates. This is not about constitutional rights for donors to remain anonymous in donation to candidates. Councilman Skadron said the issue should be whether the current law harms the election process and if it does, it should be discussed by Council. Councilman Torre said it would surprise him that reporting under $20 donations would be difficult for any candidate. Councilman Torre stated he favors starting the public conversation; Councilman Torre said he has not heard arguments for keeping under $20 donations anonymous. Councilman Frisch stated he does not want the rules to change in the middle of the election. Mayor Ireland said he feels anonymity encourages name calling; national campaigns have become increasingly negative because there is no accountability. Mayor Ireland said there is no constitutional right to anonymity in a candidate race in Aspen. Candidates are required to keep track of the name and address of every contributor regardless of the amount and the only difference this ordinance would mean is reporting those who contributed less than $20. Councilman Johnson moved to read Ordinance #9, Series of 2013; seconded by Mayor Ireland. All in favor, motion carried. ORDINANCE NO. 9 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 9.04 OF THE ASPEN MUNICIPAL CODE, SECTION 9.04.020 RELATING TO MINIMUM DISCLOSURE REQUIREMENTS APPLICABLE TO CITY CANDIDATES, POLITICAL COMMITTEES AND ISSUE COMMITTEES Mayor Ireland moved to adopt Ordinance #9, Series of 2013, on first reading; set the public hearing for April 8 and amend the ordinance to have it take effect July 1, 2013; seconded by Regular Meeting Aspen City Council March 11, 2013 6 Councilman Frisch. Roll call vote; Torre, yes; Frisch, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #5, SERIES OF 2013 – 223 E. Hallam Lot Split Sara Nadolny, community development department, told Council this is a 12,000 square foot lot across from the Red Brick school. The request is to subdivide it into two 6,000 square foot lots; no non-conformities will be created and a modern addition will be deleted. Mayor Ireland moved to adopt Ordinance #5, Series of 2013, on second reading; seconded by Councilman Frisch. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Roll call vote; Frisch, yes; Skadron, yes; Johnson, yes; Torre, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #6, SERIES OF 2013 – 401 Castle Creek Road Aspen Valley Hospital final PUD phases III and IV Jennifer Phelan, community development department, reminded Council phase II is under construction and conceptual approval for the entire hospital plan was given in 2009 and final approval for phase II was granted in 2010. Ms. Phelan noted staff has scheduled 4 public hearings so the topics surrounding this application can be discussed thoroughly. Dave Ressler, representing the Aspen Valley Hospital, noted Council attended a site visit at the hospital last week. Ressler said AVH receives many awards for its care and operations, despite the facilities. The goal for the completion of the facility is to bring the facility up to the same quality as the care provided. This facility is 35 years old and was built in a different time with an orientation toward in-patient services. Phases III and IV upgrade the out-patient services, many of which did not exist 35 years ago. Ressler said the current facility is undersized and crowded. The contemporary standard for hospitals is to have medical offices space on-site. The hospital started this process in 2005 with a detailed needs assessment and an evaluation whether this could be accomplished on the existing site. The architect, Russ Sedmak, recommended the hospital stay on the existing site. The design is to right size the facility from the inside out, look at each department’s needs and the total needs represented the envelop for the whole facility. Ressler said the benefits to the community of office space on site are more timely and efficient care. Ressler said the hospital has been concerned about the view corridors and trying to meld the facility into the landscape. The hospital has set up monthly neighborhood meetings, maintained a community advisory committee to keep the community informed about what the hospital is trying to do. Ressler said Council asked about the 20-year vision; the hospital said this project Regular Meeting Aspen City Council March 11, 2013 7 will serve multiple generations. There is no expiration date; they have built in flexibility within the size of the campus and trying to keep it melded into the landscape. Ressler showed the hospital before phase II was started, areas that have been re-purposed. The board has stated this facility should reflect the green goals of the community, focusing on re- using materials and energy consumption. Ressler noted the size of the facility has been expanded and there has not been an increase in utility bills. Ressler said not only are they right sizing this facility but re-balancing it from in-patient to an out-patient facility. Ressler told Council 75% of the revenues are out-patient oriented; there were over 24,000 out-patients in 2012 and about 80% of the surgeries are out-patient. Ressler said emergency room visits have increased by 43% even in a down economy. Ressler showed old versus new areas of the hospital corridors, patient rooms, physical therapy areas, there is more privacy and room for staff to work. Ressler showed areas that still need work, emergency department, same day surgery, diagnostic imaging areas, laboratory, and admissions area. These areas need privacy and separation between patients. Russ Sedmak, architect for applicant, said in order to meet all needs, the building needs to be added on around four sides as well as vertically and only one section can accommodate a second floor. Sedmak said they first need to build outside the box of the existing hospital, move services into those areas, and then renovate the interior spaces. Phase II was the most significant phase including patient wings, new food service area, new lobby, the parking structure, site improvements for affordable housing. Phase III is possible by the completion of the parking structure, expansion of surgery and imaging department and the emergency department. Phase IV is the last piece and cannot be constructed until the emergency department is relocated. No phase is more or less important than any other, they have to work in concert to right size the building, to fix the functions, to fix the internal flow. Once this is complete, it will be the maximum footprint that can be fit on the site. Sedmak showed photos illustrating how the construction will be fitted into the landscape and they will excavate to bury part of the structure. Nancy Clanton, lighting expert, said she has joined the team to determine what can be done about the exterior lighting. Ms. Clanton told Council the city’s lighting code works well with standard technology; LED are being introduced, which is a new technology. Ms. Clanton looked at the site in context of the city’s lighting ordinance. Ms. Clanton recommended replacing the back plate with a darker background and put shields on all the lights. The existing parking lot lights will have shielding; they have a lot of back light which will also be shielded. Ms. Clanton said although LED light appear bright, they will be 2700 Kelvin; the city’s lighting code has a maximum of 3000 Kelvin. There is one light on site at this lower Kelvin. Another solution is to replace every bollard with bollards that are shielded and have darker color. The parking garage lights will also be shielded. Ms. Clanton said the lights will be dimmed in the middle of the night when there is low activity; the lighting can be tooled. The amount of light will be reduced from two and three light bars to one light bar. Ms. Clanton said the lighting will be more low level and pedestrian oriented rather than relying on poles. Along the Loop road, the lighting will be imbedded in the retaining walls facing toward the hospital, not the residences. Sedmak pointed on by phase IV there will be no exposed light fixtures, no hanging pendant, no chandeliers; the lighting will be concealed within Regular Meeting Aspen City Council March 11, 2013 8 the spaces. Councilman Torre asked by what percentage the lighting will be reduced. Ms. Clanton said it should be at least 50% if not more. Councilman Skadron noted a Time magazine article on the state of health care. Councilman Skadron asked about the internal hospital charge master and hospital non-profits generating large revenues that drive hospitals to expand facilities, hire more staff, and offer more services. Councilman Skadron asked the degree to which Aspen Valley hospital fits the above description. Ressler said the magazine article has generated much-needed discussion. Ressler agreed the health care delivery system is unsustainable, costs are escalating and they need to be controlled. Ressler said he feels quantity of service is a greater contributor to costs; 70% of health care costs are related to chronic illness. The population is aging and is not taking care of themselves. Ressler told Council the hospital is working with 5 employers to improve wellness and to improve health care delivery. Ressler said all hospitals operate with a charge master; however, a difference in Aspen is that a majority of patients pay a percentage of charges. Ressler said Aspen Valley hospital compares prices to make sure they are competitive. Another question is whether the facility is driving the prices or are the prices accomplishing the expansion; Ressler stated it is the latter. Aspen Valley hospital experiences operating margins at 5% over the last few years. The CFO looks at cash accumulation and the hospital started to put away money for the expansion. The hospital is contributing $30 million combined with the $50 million of GO bonds, which is possible because of the operating margins. The hospital sets their prices based on what it will take to accomplish facility expansion and invest in technology that make sense for care in Aspen and focusing on patient needs and to provide a contemporary level of care. The hospital board, elected by the community, holds staff accountable to those ends. Ressler said they also make sure they have a cash reserve of 180 days. The salaries are maintained where it is necessary to keep the staff needed. John Sarpa, hospital board, said hospitals do get challenged on their large overhead and staff and these hospitals grow by expanding services, increasing their market share, etc. Aspen Valley hospital is not growing to maintain the ability to cover costs or to find new patients. This proposal is to keep the same kind of services for the next twenty years and create flex space to allow the hospital to adapt over the next 30 years. Sarpa said the philosophy is not build it and they will come. Councilman Johnson asked the time line for construction, how many total years will the hospital be under construction. Sedmak said if the money is available, these two phases should take 3 years; the total construction will be about 10 years. Councilman Johnson asked if there is phase III and phase IV or is it phase III++. Sedmak said these are distinct phases; phases IV will have little new construction. Councilman Johnson asked why the helipad was moved to the roof. Sedmak told Council there is an increase in gross square footage in this building from conceptual approval. Sedmak said it is almost entirely in the basement and a reduction of square feet on the second floor as a result of putting the helipad on the roof of the first floor. This location will eliminate the helipad on the highest portion of the building where it can be seen throughout the neighborhood and will eliminate the elevator tower to accommodate the helipad. They added square footage to the basement to locate 3 of the 5 air handling units in the basement, which helps to reduce the bulk and mass of the building. Regular Meeting Aspen City Council March 11, 2013 9 Councilman Torre said during the site visit, he was struck by all that was going on; it is becoming a community health center and not just a hospital. Councilman Torre said he had massing and size concerns with phase II along with it being tacit approval of the next phase. Councilman Torre said he had concerns about the loading dock and its proximity to the senior center as well as impacts about the entire project on neighbors and that these impacts are being taken seriously. Ressler said there are sound monitors all around the project to see how noise impacts adjacent property owners. Frank Goldsmith told Council he is the construction community liaison and he deals with the neighborhood. Goldsmith said he holds monthly meetings with HOAs and with the senior center. Goldsmith said there is not a lot of activity at the loading dock and it has not been a problem for the neighborhood. Ressler noted the applicants added patios in the front and back of Whitcomb terrace. Mayor Ireland asked if the applicant will be bound to the commitments outlined in their protocol. Ms. Phelan said this is a PUD site specific approval and that can be added as a condition to the agreement. Mayor Ireland asked if the city has an independent evaluation of the lighting proposal; is this something the building department can do. Ms. Phelan said she will investigate that. Mayor Ireland said he would some mathematical ways to compare lighting before and lighting after. Mayor Ireland said he is concerned about the point of view in the Time article; how much that applies to Aspen. There are suggestions on how to contain costs; one is not ordering too many diagnostic tests and does that apply to the hospital. Mayor Ireland said he is concerned that this expansion could drive costs and would like an evaluation that this is not creating something that in order to pay for, the prices of health care will be raised. This is a community hospital and it is supposed to serve the needs of the community. Mayor Ireland opened the public hearing. Eric Stahl, chief medical officer and orthopedic surgeon, told Council the previous hospital projects he has been involved in decreased the cost of care significantly. These projects increase safety, efficiency and quality. This hospital needs to be finished and up to par with what Aspen has to offer. Mary Janss, volunteer, told Council patients need to have more privacy and more separation from germs. This hospital is wonderful and people do not need to go to Denver to get their medical needs taken care of. Kathryn Bernard, emergency room physician, said their department is a hallway with curtains; there is only 1 negative pressure room. This expansion is to address privacy, safety and excellence of care. The emergency room has to be larger, has to be renovated and has to come up to the state of the art. Dave Parry, Aspen Ski Company, told Council he is part of the community advisory committee reviewing the master facility plan. Parry said the committee has been able to ask any questions necessary; the hospital did not have an agenda; the process has been detailed, the committee has taken time to get input and to make changes. The neighborhood outreach has been outstanding; the applicant has been open-minded and responsive. Parry said he is confident this is a right-sized hospital. Bill Rodman, surgeon, told Council there are not updated operating suites. Rodman said it is up to him to order the diagnostic tests he feels appropriate for the patients. Rodman reassured Council they are looking at cost containment. Rodman said this is a project that has to happen. Regular Meeting Aspen City Council March 11, 2013 10 Bobby Mason, patient, told Council the hospital project feels comfortable; a new emergency room is needed. Mason stated he is totally supportive of this project. Councilman Johnson moved to continue Ordinance #6, Series of 2013, to March 18; seconded by Councilman Torre. All in favor, motion carried. Jim True, city attorney, requested an executive session for 3 litigation matters, Marks v. Koch, Koch v. Branscombe, the Burlingame HOA suit and potential litigation, as well as property acquisition according to C.R.S. 24-6-402(a)(b)(e). Councilman Frisch stated he opposes discussing the property acquisition in executive session; there is nothing to be lost in talking about this in open session. Mayor Ireland moved to go into executive session pursuant to C.R.S. 24-6-402(4) (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; except that no executive session shall be held for the purpose of concealing the fact that a member of the local public body has a personal interest in such purchase, acquisition, lease, transfer, or sale at 8:10 pm; seconded by Councilman Torre. All in favor, with the exception of Councilman Frisch, motion carried. Mayor Ireland moved to go into executive session pursuant to C.R.S. 24-6-402(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions and (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators to discuss the 3 items listed above; seconded by Councilman Torre. All in favor, motion carried. Council went into executive session at 8:45 pm after dinner break. Councilman Johnson moved to come out of executive session at 9:35 pm; seconded by Mayor Ireland. All in favor, motion carried. Councilman Johnson moved to adjourn at 9:35 pm; seconded by Councilman Torre. All in favor, motion carried. Kathryn Koch City Clerk