HomeMy WebLinkAboutminutes.council.20141124
Regular Meeting Aspen City Council November 24, 2014
SCHEDULED PUBLIC APPEARANCES .............................................................................................. 2
CITIZEN COMMENTS AND PETITION ............................................................................................... 2
COUNCILMEMBER COMMENTS ....................................................................................................... 2
CITY MANAGER COMMENTS ............................................................................................................ 3
BOARD REPORTS ................................................................................................................................ 3
CONSENT CALENDAR ........................................................................................................................ 3
Ordinance #39, Series of 2014 – 709 E Durant – Sky Hotel Planned Development ................................... 4
Ordinance #41, Series of 2014 – 9278 W. Hallam Street, Minor Subdivision ........................................... 5
Ordinance #40, Series of 2014 – Pitkin County Center Subdivision – Major subdivision, Rezoning ......... 6
Ordinance #35, Series of 2014 - Fall Supplemental Appropriations ......................................................... 7
Ordinance #36, Series of 2014 – 2015 Fee Schedule ................................................................................ 7
Ordinance #37, Series of 2014 – 2015 Electric Rate Adjustments ............................................................ 7
Ordinance #38, Series of 2014 – 2015 Water Rate Adjustments ............................................................... 8
ACTION ITEMS ..................................................................................................................................... 8
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Regular Meeting Aspen City Council November 24, 2014
Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Mullins, Daily and
Romero present.
SCHEDULED PUBLIC APPEARANCES
Amy Simon, community development, walked Council through the aspenvictorian.com website. It
features 247 properties from the Victorian era. There is a history of the building and forms to link to.
Properties can be sorted by style, type, district and use. The website also shows then and now conditions
and will be helpful for restorations.
CITIZEN COMMENTS AND PETITION
1. Peter Fornell gave an example of someone who wants to build a home that will require mitigation
of 1.5 FTEs at category four. Cash in lieu for this category is $140,000 per FTE or $210,000.
The developer thinks he can mitigate for $210,000. He calls Peter and he says it takes $180,000
per FTE or $270,000. The problem is the FTE price won’t build an FTE and when the project
goes to Council they will make you mitigate one of the other ways. Mr. Fornell stated he has to
educate the owner as to how it is. He can’t compete with an arbitrary number. The City just got
the 2014 state planning award for the affordable housing certificate program but the flaw is the
private sector has to compete with the FTE number. It is a fixable problem. Whether or not the
City has been collecting enough cash in lieu has been a point of concern for years. Money has
been spent on studies that have been in our hands for over two years with no action taken. Mr.
Fornell stated he does not want to see the cash in lieu number erased but for the sake of the
program and to keep the private sector in business they can’t have to hold themselves up to
something they can’t do. A check for cash in lieu is a convenience for the person writing the
check and a burden for the person receiving it. It has to be reviewed and resolved.
Chris Bendon, community development, responded that there are two components including the employee
generation of a single family home and the cash in lieu rate. There will be an upcoming work session on
the employee generation study. The rate is set by APCHA. The rate effort has stalled and is up in the air
with the change in housing director. There should be direction to APCHA to pick up again or pull in-
house to comdev or the managers’ office. The other option is some cash in lieu decisions are at the
discretion of Council. Any residential development has the option of paying cash in lieu or providing
accessory dwelling units or any other option at their own choosing. The employee generation study will
come back in January. The cash in lieu study is a matter of initiating the effort again and Mr. Bendon
suggested waiting for the new housing director. Councilman Romero said there are larger policy
questions about how do we mitigate and manage the impacts associated with development. The
community needs to understand the model is one of several tools used to mitigate. It needs a broader
conversation. Carrying capacity also needs to be included. Mr. Fornell said if the City is going to collect
those revenues, collect enough to complete the task.
Mayor Skadron stated there are two issues; as cash in lieu rules change emphasize that it accurately
reflects affordable housing cost to develop and that the City collects enough money to accurately reflect
FTE’s.
COUNCILMEMBER COMMENTS
1. Councilwoman Mullins congratulated Dan Blankenship who was named one of the decade’s most
influential people in transit by Metro magazine along with Obama, Barbara Boxer and Ray
Lahood.
2. Councilwoman Mullins said there have been some articles about the plastic bags and it is
becoming a revenue stream. We are not aiming for that and need to look into the program as to
why it is not decreasing bag use.
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Regular Meeting Aspen City Council November 24, 2014
3. Councilwoman Mullins said she supported the free parking but saw for four days every space was
full all day and it does support the paid parking program. The two hour limit creates turnover.
4. Councilwoman Mullins thanked Mr. Fornell for his comments. She suggest Council get the cash
in lieu rate study when the generation study is presented.
5. Councilman Daily stated the employee generation study is critical. No one understands the
appropriate employee commitment for development and what it is related to. He hopes the study
gives something to work with.
6. Councilman Romero said he has been talking to Scott Miller about Taster’s possibly leaving the
Rio Grande Building. There is strong support for trying to maintain that use for as long as
possible and find an alternative. It is a great community restaurant and service for a
neighborhood serving commercial space.
7. Mayor Skadron wished everyone a happy and healthy thanksgiving and a fun and safe ski season.
Thanks to Ski Co for opening early.
CITY MANAGER COMMENTS
1. Randy Ready stated the free parking ends tomorrow. All 81 meters have been installed and are in
testing mode and the installation went well.
2. Council begins the end of year marathon with three council meetings in a row. The eighth of
December is the last meeting for 2014 with the next meeting January 12th.
3. Today begins the official recruitment for the Wheeler director. It is a long application period
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through January30. He wished Graham well on his new endeavors.
BOARD REPORTS
1. Mayor Skadron attended the RFTA meeting and the year to date numbers for September are up
20 percent. They discussed the budget highlights where expenditures are expected to be 39
million. They executed the IGA with the City and RFTA board to initiate the Rubey Park project.
2. Mayor Skadron also recognized Dan Blankenship for being named one of the most influential
people in transit and Metro magazine is one of the oldest and largest publications devoted to
transportation.
CONSENT CALENDAR
Councilman Romero pulled Resolution #137 for the Mind Springs detox center. He wants the public to
understand this will provide funding continuity for the service associated with the detox center and rehab
work. It is between the County, hospital, City, Basalt and Snowmass Village. It is a weighted formula to
decide the size of contribution from the jurisdiction. Mr. Ready stated the hospital will take 30 percent of
the base and the rest is divvied up by the formula. This agreement is in place for 2014 and 2015. The
total is $238,000 for 2014.
Jim True, city attorney, stated the city contributed $65,000 to Colorado West in 2013 and $60,000 to the
Right Door in 2012. This requests is $73,000. Mr. Ready said it is a good base for moving forward and
is flexible.
Councilwoman Mullins said the method is very understandable and defendable. She asked why this was
picked out as opposed to the homeless shelter. Mr. True stated it is a need that all of the agencies have
identified following the Right Door closing. The hospital believes it is a very important obligation to all
the communities. Councilwoman Mullins said she was surprised to see it pulled out as one agency
getting this shared funding. It would be nice to see other agencies needing funding funded the same way.
Mr. Ready replied it could be a model for other agencies. Mayor Skadron asked to talk about this more.
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Regular Meeting Aspen City Council November 24, 2014
Councilman Daily also would like to look at it more closely. He asked what share of Mind Springs
annual expenditures this will provide for. Mr. Ready will get that number.
Resolutions #139, 140 and 141, Series of 2014 – Cozy Point Ranch Interim Management Plan
Resolution #137, Series of 2014 – Intergovernmental Agreement for the Financial Support of the
Colorado West Regional Mental Health Center dba Mind Springs Detox Center
Resolution #138, Series of 2014 – Wheeler Second Floor Project – Architectural Team Selection
and Contract Approval Request
Minutes – November 10, 2014
Councilwoman Mullins moved to adopt the consent calendar; seconded by Councilman Romero. All in
favor, motion carried.
Ordinance #39, Series of 2014
– 709 E Durant – Sky Hotel Planned Development
Councilman Daily stated his firm has a conflict and he needs to recuse himself. Mr. True replied he has
discussed this with Councilman Daily and it is appropriate to recuse himself from participation. Given
his partners representation of a client it would create a potential circumstance that could be a conflict to
him and his firm. Mayor Skadron asked what is the threshold of tolerance given we are a small town and
this is a significant application. Mr. True said it is very significant and often difficult to weigh these
conflicts. In this situation there are two aspects that come into play. Along with the financial interest
there are additional conflicts with him and his position as an attorney in a law firm that has a client with
an interest in the application. For him to continue would present a potential problem for him and
Council. There are proper grounds to recuse and it is appropriate.
Councilman Daily stated he regrets the conflict but his position is ethically unavoidable.
Jennifer Phelan, community development, told the Council she is filling in for Jessica Garrow. The hotel
is requesting demolition and redevelopment of the property. The owner is North Bridge Capital,
represented by John Sarpa, Sunny Vann, Rowland & Broughton and Blue Green. Staff is proposing the
public hearings for December first and eighth. The Council site visit is scheduled for noon on December
first meeting in the lobby. The applicant is requesting a number of approvals including planned
development, commercial design review for the exterior, conditional use for the commercial uses being
proposed, special review for parking, time share and subdivision review, growth management reviews for
new free market, affordable housing and additional lodge units and amendments to the 1960’s right of
way vacations. P&Z voted four to one recommending Council approval. The project adds 16 lodge units
and 17 lodge bedrooms for a total of 106 units and 107 bedrooms. It replaces the property with 3,308
square feet of commercial space. It adds five affordable housing units and six free market residential
units. It proposes 12,600 square feet of public amenity space that will be permanently accessible to the
public.
They are requesting three variations including height, floor area and setbacks. Generally, the application
request a maximum height of 45 feet when 40 feet is allowed. It requests the elevator to be 56 feet when
50 is allowed. There is also a request for 96,000 square feet of floor area where just under 93,000 is
permitted. Also requested is an east yard setback for three and a half feet where five is required. Staff is
recommending approval with conditions. 65 percent of the overall floor area is lodge use, four percent
commercial, 5 percent affordable housing, 14 percent free market residential and 12 percent for non-unit
space.
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Regular Meeting Aspen City Council November 24, 2014
Mayor Skasron let the applicant know he will be interested in every variance asked for. Ms. Phelan stated
Staff will do a presentation so Council can see that in relation to the building.
Councilwoman Mullins said she will be looking for some justification for the variance requests. She is
surprised it has gotten as far as it has.
Councilman Romero moved to read Ordinance #39, Series of 2014; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDIANNCE NO. 39
(SERIES OF 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL COMMERCIAL
DESIGN REVIEW APPROVAL, CONDITIONAL USE APPROVAL, SPECIAL REVIEW
APPROVAL, PLANNED DEVELOPMENT – PROJECT REVIEW APPROVAL, SUBDIVISION
APPROVAL, TIMESHARE APPROVAL, AND GROWTH MANAGEMENT APPROVALS, FOR A
SITE SPECIFIC DEVELOPMENT PLAN FOR THE SKY HOTEL SUBDIVISION/PLANNED UNIT
DEVELOPMENT LOCATED ON PROPERTY COMMONLY KNOWN AS 709 E DURANT
AVENUE, CITY OF ASPEN, PITKIN COUNTY COLORADO, AND AMENDING ORDINANCES 12,
SERIES 1961, 2, SERIES 1962, AND 3, SERIES 1962.
Councilman Romero moved to adopt Ordinance #39, Series of 2014 on first reading; seconded by
Councilwoman Mullins. Roll call vote, Councilmembers Romero, yes; Mullins, yes; Mayor Skadron,
yes. Motion carried.
Ordinance #41, Series of 2014
– 928 W. Hallam Street, Minor Subdivision
Ms. Phelan stated this is a lot split application for 928 W Hallam Street and the request is by Gateway
Aspen, LLC who is represented by Stan Clauson Associates. The request is subdivision approval for a lot
split and will create a total of two development lots. Lot B is proposed to be a minimum of 6,000 square
feet which would accommodate a single family residence. Lot A is approximately 10,100 square feet
which would permit a duplex. The site is the last lot before crossing Castle Creek Bridge heading west.
Access has been reconfigured off the alley via a number of easements. Staff is suggesting second reading
be set for December eighth. It may have slightly reconfigured lots at second reading. Currently Lot B is
shown to contain a sliver of land where the ownership is unclear. Staff has suggested if ownership can’t
be resolved by the second hearing the lot should be reconfigured to not include that and take from the
larger lot to meet minimum lot sizes. There are conditions in the ordinance to create a formal access
easement and utility easements.
Mr. True said there is a section of property with questionable ownership but it can be resolved by
reconfiguring. He is fine with moving forward. The lot size is big enough for adjusting. Mayor Skadron
asked if Council is acting on a property the applicant can’t prove they own and is this something Council
wants to get involved with. Mr. True stated staff recognizes the applicant can’t take action on property
they do not own and if it is not resolved by second reading there are other mechanism to resolve it. Ms.
Phelan said it is about 100 square feet and they would pull the same amount from the larger lot. Mayor
Skadron said Council needs to know if they have jurisdiction to decide on a parcel if the owner is absent.
Mr. True said they are not suggesting that. There is plenty of property to adjust the size of lot B. When
the City takes action at second reading there is no question of ownership.
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Regular Meeting Aspen City Council November 24, 2014
Councilman Daily asked if the access easement proposed through neighboring property is adequate for
the purpose. Ms. Phelan replied the access easement is recorded and for access to these two lots.
Councilman Daily stated he wants to be sure that access across the privately owner parcel is adequate.
Ms. Phelan said she will have better visuals at second reading.
Councilwoman Mullins moved to read Ordinance #41, Series of 2014; seconded by Councilman Daily.
All in favor, motion carried.
ORDINANCE NO. 41
(SERIES OF 2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING
A MINOR SUBDIVISION, TO BE KNOWN AS GATEWAY ASPEN LOT SPLIT, COMMONLY
KNOWN AS 928 W. HALLAM STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Councilman Romero moved to adopt Ordinance #41, Series of 2014 on first reading; seconded by
Councilman Daily. Roll call vote, Councilmembers Mullins, yes; Daily, yes; Romero, yes; Mayor
Skadron, yes. Motion carried.
Ordinance #40, Series of 2014
– Pitkin County Center Subdivision – Major subdivision, Rezoning
Justin Barker, community development, told the Council this application was submitted by the Pitkin
County Commissioners represented by Stan Clauson Associates. The application contains two properties;
the West containing the Courthouse and Jail which is zoned as public and the East property containing the
plaza building zoned as commercial core. The applicant is requesting a major subdivision and rezoning
approval. This includes the merger of the two lots into one combined lot, rezoning of the entire property
as public and requesting the City to vacate an unused portion of the alley and the associated access
easement. This will create a unified lot for county facilities that can be easily managed and designed.
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P&Z reviewed this on November 11 with unanimous approval. Staff recommends approval and second
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reading for January 12.
Councilwoman Mullins requested more detail on the conditions, discussion of property ownership, and
does anything effect the City’s facilities plan.
Mayor Skadron stated he needs a comment on the vacation. Mr. Barker replied an ordinance from 1975
was a supposed vacation for the alleyway but subsequent plats do not show it as vacated.
Mayor Skadron asked what the City’s benefit is. Mr. Barker said it is a harmonization between the City
and County and the public purpose they serve. Patrick Rawley, Stan Clauson Associates, said the benefit
is to the community as a whole for Pitkin operations to consolidate and set the table for future
development as needed. Jodi Smith, Pitkin County, said the property they are asking the City to vacate is
160 square feet and they have already been managing and maintain it. There are plans to do something
with the plaza and this would clean up the back area. Mr. Rawley said the alley has no connection to any
right of way. Mayor Skadron asked if we know the City has a parcel the County has been managing. Mr.
True replied the whole area has been somewhat difficult for the City and County for a lot of years. There
have been various efforts to clean up the ownership. Every once in a while there is a process like this to
clean it up better.
Councilwoman Mullins moved to read Ordinance #40, Series of 2014; seconded by Councilman Daily.
Motion carried.
ORDINANCE NO. 40
(SERIES OF 2014)
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Regular Meeting Aspen City Council November 24, 2014
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING MAJOR SUBDIVISION
AND REZONING FOR THE PROPERTS COMMONLY KNOWN AS 506 & 530 E. MAIN STREET,
LEGALLY DESCRIBED AS LOTS Q, R, AND THE WESTERLY 7.5 FEET OF LOT S, BLOCK 92,
CITY AND TOWNSITE OF ASPEN, LOTS 11, 12 AND THE WESTERLY 7.5 FEET OF LOT 10,
BLOCK 19, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COUNTY OF
PITKIN, STATE OF COLORADO; AND LOT 1, FIRST AMENDED PLAT OF LOT 1, PITKIN
COUNTY CENTER SUBDIVISION ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 93
AT PAGE 56, COUNTY OF PITKIN, STATE OF COLORADO.
Councilman Romero moved to approve Ordinance #40, Series of 2014 on first reading; seconded by
Councilman Daily. Roll call vote, Councilmembers Daily, yes; Romero, yes; Mullins, yes; Mayor
Skadron, yes. Motion carried.
Ordinance #35, Series of 2014 -
Fall Supplemental Appropriations
Pete Strecker, finance, told the Council the fall supplemental includes 6.3 million dollars to end out the
fiscal year. There were two additions since first reading including $75,000 for recreation. There were
greater revenues than anticipated and the total net subsidy will go down from what was originally
budgeted. There is also the addition of $150,000 for cozy point.
Councilwoman Mullins stated she thought they were going to get a presentation for the 2.1 million for
public education. Mr. Strecker stated he reached out to folks at the education district and they will be
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here January 20 for a work session.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public hearing.
Councilman Romero moved to adopt Ordinance #35, Series of 2014; seconded by Councilwoman
Mullins. Roll call vote, Councilmembers Romero, yes; Daily, yes; Mullins, yes; Mayor Skadron, yes.
Motion carried.
Ordinance #36, Series of 2014
– 2015 Fee Schedule
Mr. Strecker stated there have been no changes since first reading. He did send out information for the
fees that increased by seven percent.
Councilman Romero said they are relatively minor.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public hearing.
Councilwoman Mullins moved to adopt Ordinance #36, Series of 2014; seconded by Councilman Daily.
Roll call vote, Councilmembers Mullins, yes; Daily, yes; Romero, yes; Mayor Skadron, yes. Motion
carried.
Ordinance #37, Series of 2014
– 2015 Electric Rate Adjustments
Lee Ledesma told the Council the main changes are 20 percent tier tightening. The average residential
impact is a five percent increase and four percent for commercial.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
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Regular Meeting Aspen City Council November 24, 2014
Councilman Romero moved to approve Ordinance #37, Series of 2014; seconded by Councilman Daily.
Roll call vote, Councilmembers Daily, yes; Romero, yes; Mullins, yes; Mayor Skadron, yes. Motion
carried.
Ordinance #38, Series of 2014
– 2015 Water Rate Adjustments
Ms. Ledesma said there is also 20 percent tier tightening for the water tiers. The average residential
impact is four percent and three point eight for commercial.
Mayor Skadron asked to define monthly base availability fee. Ms. Ledesma replied on electric the base
fee has to do with the amperage size of the account. It ranges from nine to a couple hundred dollars
depending on how large the service is. For water the base fee has a demand fee that is the total demand
you could put on the water system based on the number of water fixtures as well as fire protection. This
fee stays the same whether you use water or not. Both utilities are moving towards a rate schedule that
relies more heavily on the monthly fees.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Ordinance #38, Series of 2014; seconded by Councilman Daily.
Roll call vote, Councilmembers Romero, yes; Mullins, yes; Daily, yes; Mayor Skadron, yes. Motion
carried.
ACTION ITEMS
28 Smuggler Grove Rd – Notice of Call Up for HPC Conceptual Approval
Chris Bendon said this property is on Smuggler Grove which is a small one block dead end street off of
Midland. It is a redevelopment of a small Victorian miner’s cottage and the development of a second
home. It went through four hearings at HPC. It is a tight knit neighborhood and there were some
concerns about general impacts. It was approved three to one by HPC.
Councilwoman Mullins thank Mr. Bendon for including all the documentation. She asked for the criteria
to base a call up. Mr. True said it is discretionary any Councilmember can ask Council to accept a motion
to call it up. What you can do is somewhat limited.
Councilwoman Mullins asked for a quick description of the relocation, FAR, variances and what is being
demolished. Mr. True stated that discussion is more appropriate for a call up.
Councilwoman Mullins said she read the minutes and HPC has good reasons for supporting it. It looks a
bit dense for the neighborhood and the height looks very high. She said she is using this as a test case.
She would support what HPC said but is trying to figure out what Council is to be doing in this situation.
Mr. Bendon asked if she has a concern about the approval or the result of the review. Councilwoman
Mullins said she is ok and if the comments hadn’t resonated as well she would have asked for a call up.
Mr. Bendon said he would suggest the call up is relevant if Council starts hearing from a neighborhood
that normally would not come to council. During the review they could talk about the process. They
could accept the decision or send it back to HPC. Councilwoman Mullins said she is ok if it is not called
up.
Mr. True said any member of Council can make a motion to call up.
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Regular Meeting Aspen City Council November 24, 2014
Mr. Bendon said independent of this case if there needs to be a conversation of how call ups are done he
is happy to have more conversation on how they do it.
Mayor Skadron asked Councilwoman Mullins about Patrick’s concern with the roof form saying it should
be similar to historic buildings and the guideline was not satisfied. Councilwoman Mullins said this is
why there are guidelines not standards. There are two that contradict themselves with one saying the roof
line should imitate what was done historically and another that says the roofline should differentiate itself
from the historic. In this case they went with the latter. She said her issue was if you look at the figure
ground of the site this is the densest thing in whole area. There is pretty wide spacing between each of the
homes and some side yard variance. The height is overpowering to the historic resource
Councilwoman Mullins said Council can serve as a stop gap when people come in asking for everything.
Council can act and send it back to HPC.
Councilman Daily stated he respects the hard work of HPC. There were four meetings and their
comments are quite positive. It was a lot of work and ended with a project that they are comfortable with.
The staff memo says set back variances are requested for below grade areas for the basement for both the
historic and new home. He asked if they are all related to below grade construction. Mr. Bendon said
there are some above grade variances as well. There is a variance on front yard and likely below grade.
Councilman Daily said HPC is comfortable with the proposed setbacks and he has no strong objection.
Mayor Skadron said there will be no call up.
Mr. True stated he sent an email and wanted to make certain no one wanted to go into executive session.
Council did not want an executive session.
Councilman Romero moved to adjourn at 6:35 pm; seconded by Councilman Daily. All in favor, motion
carried.
Linda Manning
City Clerk
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