HomeMy WebLinkAboutminutes.council.20150727Regular Meeting Aspen City Council July 27, 2015
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CITIZEN COMMENTS & PETITIONS ...................................................................................................... 2
COUNCILMEMBER COMMENTS ............................................................................................................ 3
AGENDA ADDITIONA AND DELETIONS .............................................................................................. 3
BOARD REPORTS ...................................................................................................................................... 3
NOTICE OF CALL UPS .............................................................................................................................. 3
CONSENT CALENDAR ............................................................................................................................. 4
Resolution #73, Series of 2015 – Waterline Replacement Design, Roaring Fork Rd .......................... 5
Resolution #77, Series of 2015 – 100 Percent Renewable Energy Contracts ....................................... 5
Council Board Appointments ................................................................................................................ 5
Minutes – July 13, 2015 ........................................................................................................................ 5
ORDINANCE #27, SERIES OF 2015 – Land Use Code Reliance Code Amendment ................................ 5
ORDINANCE #23, SERIES OF 2015 - Aspen Historical society Lot Split ............................................... 6
RESOLUTION #78, SERIES OF 2015- Golden Horn Building Easement Request .................................... 6
Regular Meeting Aspen City Council July 27, 2015
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At 5:00 pm Mayor Skadron called the regular meeting to order with Councilmembers Daily, Mullins,
Frisch and Myrin present.
CITIZEN COMMENTS & PETITIONS
1. Eden Vardy, executive director of Aspen Tree, said they are a local non-profit that focuses on
empowering youth through farm experiences and building community through healthy food
systems. He invited the community to their farm park facility at Cozy Park.
2. Ward Howenstein said in his many years of living here Aspen has always been challenged by
pressure by development. Aspen has remained a desired tourist destination and place to live
because city government has had the vision and courage to limit growth. He fears our
representatives have lost that vision and courage. From gathering signatures for the Base 2
petition, the majority of people in Aspen feel development should conform to existing codes and
zoning. Staff recommends development with variances and council accepts the lead of staff. The
citizens have made their voices known. Council did not honor the expressed direction of the
people and passed Base 2 with many variances. Council followed the belief of the city attorney
that referendum one did not apply to Base 2. There is another legal opinion that contradicts
staffs. Concerned citizens collected 1312 signatures of people who want council to honor the
codes and zonings without variances. He wants council to apply the terms of the charter
amendments passed by the people to all developments. He does not accept the assertion that
Aspen needs more lodging.
3. Bruce Etkin said the armory building was a community center from 1890 to 1957. The high
school basketball games were played here. He met with staff and community members with
positive feedback. He will miss the August 3 work session. If the decision to move the city to
one location is approved they will get it done.
4. James Morris said Council opposed referendum one. They refused to follow the spirit and
direction and approved Base 2. Council is out of sync with the majority of the electorate.
Council appears to be pro build at any cost to the community. Please get on board and apply
referendum one to all building permit proposals. Do not allow city staff to rewrite the zoning
codes to negate the intent of referendum one.
5. Ann Byers said the community has reached a bit of a tipping point in regards to an open door
development model that encourages speculative developers to submit their midnight applications
then beg concessions and ignore sensitive land use regulations. The current land use policy
supported by staff has little noble intent and is probably costly to the quality of life we cherish in
Aspen. She asked the Council as the voice of our community to respect the public input of
referendum one. Business as usual is no longer an option.
6. Phyllis Bronson said these people do not represent we the people. They represent a contingent of
people. This council is generally doing a great job of listening. Referendum one passed narrowly
with a small percentage of people voting. Aspen used to be about vitality and I think it is
becoming about NIMBYs who don’t want any vitality here and second and third home owners
who want to stop any noise from being in their community. I was at all the meetings last year
here and I never saw any of these people here. Base 1 is the first beautiful hotel development I
have seen in years. It answers a need that we have. This has become so divisive and contentious
and disrespectful to the very government we elected.
7. Doug Wilson said the Council and City Attorney have failed to recognize one of the ultimate
functions of law to carry out consensus.
8. Don Davidson thanked Council for their service. He agreed with Ward, Tim and Ann. He
believes that Council needs to follow the building code. If the code is not adequate the Council
needs to change it. Referendum one should to apply to all developments whether or not they
were submitted before the vote. He thinks Base 2 is a particularly bad proposal, mainly the
parking and size.
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9. Ziska Childs said there are always going to be complaints in this town. She hopes council
focuses on the land use code. She hopes the people who are showing up after the fact will show
up during the land use process. The name calling brings the community down.
10. Ivan Cassat said to stick to the code as it is. Base 2 should be built as long as it meet the present
code.
11. LJ Erspamer said one of the things he learned serving on P&Z is if it is not memorialized it is not
going to happen.
COUNCILMEMBER COMMENTS
1. Councilman Myrin said one of the top ten goals that did not make the list was him not doing a
petition for the next two years and he is hoping that is still the case.
2. Councilman Frisch thanked everyone for speaking calmly, cool and thoughtfully. When asked
what projects specifically based on timing might not have to go to the voters he reached out to
Chris Bendon and Jim True. Legislative bodies are best judged by the longevity of their
decisions. On one hand we are asked not to give any variances which says the land use code is
exactly right. We are also hearing that the land use code needs to change. I believe it does need
to change to try to codify that what used to be a variance isn’t a variance any more. I assume
what is referendum one will stay in place for some time. During the campaign I was asked what
is the number one issue facing Aspen. I replied the land use code and AACP don’t match up.
Until we as a community figure out how to make the land use code more in line with the AACP
we will continue to struggle as a community and elected leaders as to what is the best way to
move forward. I don’t think the AACP ever needs to change.
3. Councilman Daily said he appreciated everyone who spoke and it doesn’t matter if he agrees or
disagrees. We are better informed when everyone speaks. We are aware the land use code needs
improvement and we are working on those matters as well as community development.
4. Mayor Skadron thanked Eden for talking about Aspen Tree. It is a fantastic experiment.
5. Mayor Skadron said Council had their retreat and went through their goal setting session. He
thanked staff and Barry Crook for guiding the sessions. Council will be pursing ten goals
including a goal to reconcile the land use code and the AACP so the land use code delivers what
the AACP aspires to.
AGENDA ADDITIONA AND DELETIONS
Staff recommended removing the executive session from the agenda.
BOARD REPORTS
1. Mayor Skadron will be attending the chamber meeting tomorrow.
2. Mayor Skadron welcomed the 200 neurologists attending their annual retreat in Aspen. They
have been coming to Aspen for 25 years.
NOTICE OF CALL UPS
411 E Hyman Avenue
Justin Barker, community development, told the Council this was approved conceptually by HPC on June
10. The proposal is to demolish the existing two story building containing first floor commercial and free
market residential on the second. It will be rebuilt with a one story commercial space occupying the
entire lot. It was approved by HPC by a six to zero vote.
Councilwoman Mullins said the view plane issue was not questioned in the minutes and is surprising to
her. Mr. Barker said it was presented in the memo and by diagrams.
Councilwoman Mullins said the justification for allowing the variance is the building to the west is
already blocking the view plane. Mr. Barker replied correct and it is one of the criteria in the code that
allows the HPC the ability to exempt the review. Councilwoman Mullins asked if that building has a
Regular Meeting Aspen City Council July 27, 2015
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historic designation. Mr. Barker replied no. Councilwoman Mullins asked if it could come down and be
rebuilt. He replied it could. She asked Council to consider if they continue to infringe on the view plane
since there is another building that could possibly disappear that infringes on it. Once this development is
ok’s when the other building goes down it would be hard not to argue a new development there would
also be within the view plane. The view planes are important in town. She was disappointed it was not
mentioned by the HPC commissioners and does not want Council to be short sighted.
Councilman Frisch said the view plane is not one of the reasons something can be called up. He said
Councilwoman Mullins has hit the head on something that needs checked on. Councilwoman Mullins
said even if they can’t call this up maybe they need to revisit how view planes are dealt with in town.
Councilman Daily said the photo with the view plane line is pretty illuminating. Mr. Barker said the view
plane only clips the back of the property. Councilman Daily said he does not have any serious problems
with the proposal. All three buildings are in violation of the view plane. He asked if there were questions
of the view plane in the past. Mr. Barker said that is a question for Council and Staff going forward.
Councilman Myrin said he would like to take a closer look at the point Councilwoman Mullins brought
up about the actions or inactions of the other building. He would like Council to have a little more call up
authority on some HPC decisions sooner than later including affordable housing.
Councilman Frisch said he has no reason to call this up specifically. It passed six to zero.
Mayor Skadron said this is the second building where this is happening. A few years ago he voted
against an application for this very reason. This should be called up and it is a policy that should be made
public and we need to discuss it.
Jim True, city attorney, said it could be called up based on the overall application that HPC has
considered. The question is whether they could consider the exemption that was given for the view plane.
Council has grounds to call it up. Some of the review may be more limited than they may want based on
the provisions allowed for call up. They may not be able to justify the remand back to HPC.
Councilman Myrin said he would support the call up.
Councilwoman Mullins would like to review the project.
Mayor Skadron said one of the Council goals is communication with the public and if for no other reason
we are not putting the public in a place to be surprised.
Councilman Daily said he is comfortable with the call up.
Councilwoman Mullins moved to call up 411 E Hyman Avenue; seconded by Councilman Myrin. All in
favor, motion carried.
CONSENT CALENDAR
Resolution #77 – 100 Percent Renewable Energy Contracts
Councilman Frisch said in principle he is all for it but on page 77 it mentions Castle Creek Hydro and he
asked for a comment if we are still working on it. Will Dolan, utilities, said there is a foot note that says
other hydro power project locations may be subject to board approval anticipating there might not be
support for this project. Councilman Frisch asked what is his departments view on the status of the Castle
Creek Hydro project. Mr. Dolan said it is in a state of suspended animation and the community has given
its opinion that it should not be pursued. The department is looking into other options for the equipment
that it owns and the department has no plans or intentions or activities ongoing for pursuing that project
Regular Meeting Aspen City Council July 27, 2015
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anymore or at this time. Councilman Frisch asked if that squares with what we have here and he is
reading more into this than he should be or should it not be included. Mr. Dolan said Exhibit B is a basic
agreement that is the standard agreement with MEAN. It gives the flexibility to pursue projects that we
don’t need to purchase through MEAN. Castle Creek Hydro is included because MEAN said that is the
installed capacity for that project and we are going to use that as the place holder for the size of any
project you may pursue in the future. If not Castle Creek Hydro, Aspen could pursue another project
somewhere else up to that size. Councilman Frisch said he fully supports what is in Resolution #77 and
we should be commended as a community. This is another instance of us being accused of the hydro
project not dying. Mr. Dolan said Staff could pursue an amendment to the exhibit that would make it
more generic and not specific to Castle Creek Hydro. Mayor Skadron suggested it be amended.
Councilman Daily said he agrees.
Mr. True said the best way to handle it is to pull this off the consent agenda and to vote on it separately.
Resolution #73, Series of 2015 – Waterline Replacement Design, Roaring Fork Rd
Resolution #77, Series of 2015 – 100 Percent Renewable Energy Contracts
Council Board Appointments
Minutes – July 13, 2015
Councilman Frisch moved to adopt Resolution #73, Council Board Appoints and the minutes of July 13,
2015; seconded by Councilman Myrin. All in favor, Motion carried.
Councilman Frisch moved to adopt Resolution #77 as amended to remove Castle Creek Hydro but still
advocate a placeholder for allowance; seconded by Councilwoman Mullins. All in favor, motion carried.
ORDINANCE #27, SERIES OF 2015 – Land Use Code Reliance Code Amendment
Chris Bendon, community development, said staff routinely gets questions when applications are in for
review and someone wants to make changes and how it might affect their status when there were changes
to the land use code since it was submitted. There are also questions about projects that were approved
and the level of changes that can be made to an approved project. Staff has to answer these questions on a
one by one basis and feels it would be good to codify a position. Many changes an applicant might make
are very minor and Staffs position is it should not interrupt their status of being submitted under a
particular land use code. Some changes are required due to suggestions made by a particular board.
Councilman Daily said this is the kind of clarification and code updating we are trying to achieve.
Councilman Frisch stated he is supportive of where we are going and looks forward to the comments.
Councilman Myrin said this is somewhat new to him and there was a guest column in the paper on it. He
said he would like to see it as narrowly tailored as possible so vested rights favor the city rather than the
applicants. He would like more examples at second reading of things that can and can’t be added
regarding vested rights. This became a big issue at P&Z. The community expects to have an opportunity
to comment up until the last minute.
Councilwoman Mullins said this is a really good effort. She wants to make sure the definition between
major and minor is as clear as it can possibly be so the criteria is applied consistently. She also wants to
make sure the process for the second objective is crystal clear.
Mr. True said he spoke with the author of the commentary in the paper today last week on her concerns
and they are part of what we are trying to address with the clarifications. He said he believes we can
address those comments as well as Councils concerns moving forward to second reading.
Mayor Skadron stated he concurs with his fellow Council Members.
Councilman Frisch moved to read Ordinance #27, Series of 2015; seconded by Councilman Daily. All in
favor except Councilman Myrin, motion carried.
ORDINANCE NO 27
(SERIES OF 2015)
Regular Meeting Aspen City Council July 27, 2015
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AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER
26.304 – COMMON DEVELOPMENT REVIEW PROCEDURES, OF THE CITY OF ASPEN LAND
USE CODE
Councilman Frisch moved to adopt Ordinance #27, Series of 2015 on first reading; second by
Councilman Daily. Roll call vote. Councilmembers Daily, yes; Mullins; yes, Frisch, yes; Myrin, no;
Mayor Skadron, yes. Motion carried.
ORDINANCE #23, SERIES OF 2015 - Aspen Historical society Lot Split
Councilwoman Mullins moved to continue to August 24, 2015; seconded by Councilman Frisch. All in
favor, motion carried.
RESOLUTION #78, SERIES OF 2015- Golden Horn Building Easement Request
Jennifer Phelan, community development, told the Council the easement request is for 400 East Cooper.
The request is to accommodate circulation and access to the Golden Horn building redevelopment mostly
in Mill Street. The applicant is Golden Horn LLC represented by Charles Cunniffe Architects. The
building is located on the corner of Cooper and Mill Street along the pedestrian mall. The property is
located in the Wheeler view plane. It was built in approximately 1958. Currently there are a number of
encroachments in the right of way. Some of the walls encroach into Cooper, Mill and the alley. The
circulation also encroaches into Mill via ramping, walkways and stairs with a revocable encroachment
license. The applicant is proposing to construct and expand the building. They would like to put new
improvements in the right of way inclusive of an elevator, vestibule, relocation of stairs and improvement
of existing entry to the Meatball Shack. Currently the encroachments are around 700 sq ft. The proposal
is to reduce the size by 162 sq ft. The easement grant is at Councils sole discretion and planning,
engineering, sanitation and parks do not support or have concerns with the encroachment request. The
circulation should be handled within the existing property lines and should not improve upon in the
pedestrian mall. The current improvements effect snow removal and parks is concerned about the
existing trees. The use of the right of way privatizes the mall and Staff feels it sets a bad precedent. Staff
is recommending denial. If Council recommends approval, Staff recommends the property be leased.
Benjamin Nazarian, owner, said the Golden Horn is old, tired and just ugly. The new design addresses its
flaws. He understands Staffs concerns of the use of public right of way for the buildings access and the
negative precedent for land owners. He pointed out the current access and ADA ramp is on the public
right of way. He said they are proposing a reduction of over 20 percent of the existing right of way while
improving access to the retail spaces, providing an elevator that is better than the current ADA ramp and
improving the appearance of the entire building. It is the ultimate win win.
Charles Cunniffe, architect, described the proposed changes to the retail spaces which include adding
more glass for increased visibility. He spoke about the changes in the stairs and the ADA access. The
overall encroachment will be reduced from 710 sq ft to 547 sq ft.
Councilman Daily asked where the new access to the bike shop will be. Mr. Cunniffe replied off the
ramp.
Mayor Skadron asked how much additional space will be built for the second floor office space and what
will happen there. Mr. Cunniffe said it will be a 900 sq ft expansion of office space and the deck will
remain. Mayor Skadron asked how he envisions the space will be used. Mr. Nazarian replied he has not
decided. It may be his family’s office space.
Councilman Frisch asked if it was not for the easement would Council be seeing this project. Ms. Phelan
said there is an HPC review and a development review committee. When there was unfavorable review
from other departments on the easement request the feedback was go to Council for that then you can go
to HPC. Councilman Frisch said there is a comment in the memo saying private development should be
on private property and the application says if it is for the community betterment we should keep the
easement. Mr. Cunniffe said it was built this way before the code’s existence. Councilman Frisch said a
Regular Meeting Aspen City Council July 27, 2015
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third of the building is being demolished and the view is keep the things outside. Mr. Nazarian said the
exterior is the only thing being remodeled with the exception of the office space.
Councilman Daily said if the encroachments were to be removed what are the impacts on the ground floor
tenants. Mr. Cunniffe said the Meatball Shack would have virtually no seating left. The sushi bar seating
would be eliminated by a quarter. Councilman Daily said he hears they are seeking to expand their net
usable square footage on the second floor by 900 sq ft and want to borrow 300 sq ft from the public. Mr.
Cunniffe said currently they are not borrowing anything from the public.
Councilman Frisch asked what happens if the building stays as is or if the easement is granted and a
future Council decides to revoke it. Mr. True said the way the easement is proposed is similar as to what
was done with the Dancing Bear tunnel. This is requesting there be a showing by the City we need the
space to return to public use and they have a year to remove it once we show we needed it to return to
public use.
Councilman Frisch asked how many more situations like this are in the mall. Chris Bendon, community
development, replied there are a series of buildings that were built over a hundred years ago that were
several inches over. There are some like Justice Snow’s where the stairs are over. This building is
probably the largest.
Mayor Skadron opened the public comment.
1. Ziska Childs said she worked in that kitchen in high school. She commented on the second
stairwell on the east side of the building but did not see a readily accessible entrance from the
street itself. If the elevator is the only way up and down the second floor access needs addressed
in case of fire. From a public point of view, in the summer, it is encroaching on all of it. It is
great for business and vitality but just as many people think it is terrible. If you want to deny this
300 feet you are saying keep it the way it is or do a complete demo.
Mayor Skadron closed the public comment.
Mayor Skadron asked if the encroachments are lost the retail occupants will be lost because the space will
no longer be sufficient to support them. Mr. Nazarian replied if they were to not get the public right of
way providing the ADA would so severely impact the retail spaces.
Councilman Frisch said if there is an option for the community that the building stays the status quo and
the encroachments are staying he is fine with that. Getting into redevelopment issues open this up to
losing the encroachments. The tenants have the legal ability to stay there as long as their leases are alive.
Councilman Frisch asked if the applicant has interest in paying for use of the space. Mr. Nazarian said
the rates that were mentioned are not economically viable. The rates are ten time or more than what his
tenants are using for the same space in the summer. There are cheaper alternatives for the elevator but he
does not think they are right for the building. He said he is trying to do what is best for the property.
Councilman Myrin said there was push back when we tried to put a building in Wagner park a few feet
from this building. The community values the community space and we have so little of it. He is not
supportive of continuing this. The building owners will do what is best for the building over time. He
said he supports Staff’s recommendation.
Councilwoman Mullins said there is not a lot of public space down town and the pedestrian mall is one of
the most important public spaces we have. Even with the reduction of the encroachments it would be a
mistake to memorialize those. She is not convinced this is the only solution. She takes the Staff
recommendations very seriously and would not support this.
Councilman Daily stated he likes the proposal esthetically but he is really uncomfortable with the
continued use of encroachments in the public rights of way with the redevelopment of commercial
buildings. Now is the time to clean it up. If it is not feasible maybe this proposal is not the right one.
This is a significant increase in the commercial space on the second floor and the real benefit of the
redevelopment. There is a significant use of public property for private benefit. We are sending the
wrong message and incentivizing the wrong kind of redevelopment. Staff has proposed an alternative and
he would be willing to discuss lease rates. There has to be a cost to the developer to continue using public
space for their own development. If a reasonable appropriate rental rate can’t be worked out he cannot
support the proposal.
Mayor Skadron said one person’s old, tired and ugly is another person’s charming, historic and quaint.
He said he is in the same camp as his fellow Council Members.
Regular Meeting Aspen City Council July 27, 2015
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Councilman Frisch moved to deny Resolution #78, Series of 2015; seconded by Councilman Frisch. All
in favor, motion carried.
Councilman Frisch moved to adjourn at 7:15p.m.; seconded by Councilman Daily. All in favor, motion
carried.
Linda Manning, City Clerk