HomeMy WebLinkAboutminutes.council.20151109Regular Meeting Aspen City Council November 9 and 10, 2015
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SCHEDULED PUBLIC APEARANCES .................................................................................................... 2
COUNCILMEMBER COMMENTS ............................................................................................................ 2
CITY MANAGER COMMENTS ................................................................................................................ 2
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 5
Aspen Recreation Center Advisor Committee Appointment .......... Error! Bookmark not defined.
Resolution #117, Series of 2015 – Truscott Site Improvement Project Vertical Scope Change Order
and Budget Increase .................................................................................... Error! Bookmark not defined.
Resolution#113, Series of 2015 – Aspen Recreation Center Concession Lease Agreement ....... Error!
Bookmark not defined.
Resolution #121, Series of 2015 – Contract Approval for Rio Grande Park Irrigation Upgrades
Error! Bookmark not defined.
Resolution #120, Series of 2015 - Civic Building Relocation Project – NV5 Construction Manager
as Advisor Services ..................................................................................... Error! Bookmark not defined.
Minutes – October 12, 2015 ................................................................ Error! Bookmark not defined.
Resolution #123, Series of 2015 – Approval of Wheeler Marketing Firm Contract Error! Bookmark
not defined.
Supplemental Budget Request – Wheeler Passenger Elevator ........... Error! Bookmark not defined.
RESOLUTION #111, SERIES OF 2015 – Policy Resolution – Miscellaneous Code Amendments ........... 6
ORDINANCE #42, SERIES OF 2015 – 72 Cloud Nine Lane Aspen Highlands Village PD Amendment
.................................................................................................................... Error! Bookmark not defined.
RESOLUTION #126, SERIES OF 2015 – 305-307 S. Mill St. – Temporary Use Request ................ Error!
Bookmark not defined.
ORDINANCE #27, SERIES OF 2015 – Land Use Code Reliance Code Amendment ....Error! Bookmark
not defined.
RESOLUTION #124, SERIES OF 2015Littlw Annie’s Deed Restriction - Clarification of Ordinance 5,
Series of 2012 ............................................................................................. Error! Bookmark not defined.
Regular Meeting Aspen City Council November 9 and 10, 2015
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At 5:00 pm Mayor Skadron called the regular meeting to order with Councilmembers Myrin, Frisch,
Mullins and Daily present.
SCHEDULED PUBLIC APEARANCES
Mayor Skadron read a proclamation to proclaim November 13, 2015 as World Pancreatic Cancer Day.
CITIZEN COMMENTS
1. Maurice Emmer wanted to call to Councils attention section 5.5 of the home rule charter ”Council
on its own motion shall have the power to submit at a general or special election any proposed
ordinance or question to a vote of the people in a manner as the article provided”. He said one
member of Council has questioned if Council has this power. Clearly it does. Council does not
have to wait for the public to petition to send a land use application to a public vote. It can do so
on its own initiative for any reason. There are several land use applications pending that have
variation requests listed in referendum one. Council could refer each and every one of them to a
public vote. Following the recent votes on referendum 1 and Base 2 he urged Council to send
those applications to a public vote. It would be an important showing of good faith to the
community.
COUNCILMEMBER COMMENTS
Councilman Frisch said Beauty and the Beast is going on at District Theater and gave a special hats off to
the pepper shaker. Congrats to the school and hospital for a great performance at the election. Hats off to
the incumbents on the school board for getting re-elected. On Base 2, he had a nice chat with Ward,
Steve and Bert. Lodging came up as a goal a few years ago. We still have some approvals for the Sky,
Molly Gibson, Hotel Aspen and Base 1 and have seen a lot of good success. We have a healthy and
robust incentive program for existing lodging in town. The land use code will be discussed next week in
a work session. During the election I said the AACP says one thing and the land use code says another
and I look forward to that discussion. His main concern is the highest and best use for the community is
not always the highest and best for the developer’s spreadsheet. There is a height, bulk and mass issue
that needs tackled. The vast majority of it has been taken care of. I don’t know if we want to get in to
what the use should be. His concern is we will end up with an upper Aspen and a lower Aspen and the
community will be a lot worse off if we don’t have that discussion. He is glad the Mayor wanted to tackle
the land use code and align it with the AACP and looks forward to that discussion.
Councilwoman Mullins stated she has been in and out of town the past few weeks. Every time she comes
back she realizes what a unique and beautiful, cohesive and less developed than some parts of the country
Aspen is. It is great to see the give and take process is working and the town is surviving extraordinary
well. It is great to see the community support the schools, hospital and community assets. While I was in
support of Base 2 and it won’t be going forward as proposed I will be working my hardest to see it going
forward to its most appropriate use for that site.
Mayor Skadron congratulated We-cycle for it’s 3rd season and thanked them for an excellent summer. He
thanked everyone who voted in the election and for their participation, especially the first time voters.
Mayor Skadron Saw Beauty and the Beast Saturday night and it was great. The guy who plays the
Lumiere was great as was the pepper shaker! Veterans Day is Wednesday so keep the Veterans near and
dear to you heart that day. Thanks to Open Space and Trails. Friday was the 25th anniversary party
Regular Meeting Aspen City Council November 9 and 10, 2015
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CITY MANAGER COMMENTS
The open house for the Aspen Police department is at 5pm tomorrow at the APD.
NOTICE OF CALL UPS
827 Dean Street – Notice of Call up, HPC Resolution #28, Series of 2015
Sara Adams, community development, said this is a residential landmark chalet that was approved by a 7
to 0 vote by HPC. It is a demolition of a non-historic building. Setback variations were granted and will
legalize the existing condition of the landmark. Two variations were granted for the new building
regarding the lightwells and the roof overhang.
Councilman Myrin said he is supportive as leaving it as is.
Councilman Daily agreed.
No call up.
434 E Cooper – Notice of Call Up, HPC Resolution #26, Series of 2015
Amy Simon, community development, told the Council this is commonly known as the Bidwell building.
HPC granted conceptual, major and commercial design including view plane review. There were two
meetings. The first meeting included discussion as to whether the previous demolition approval still
applied. In 2006 there was discussion of a possible landmark designation and the ultimate demolition
approval. No one could act on it until a conceptual design approval had been given for a replacement
building and that has taken several years. HPC has granted conceptual approval several times before and
it has lapsed before going to final. On September ninth there was a lot of discussion about the status of
the previous determination. HPC granted conceptual approval on September 30. This is a total
replacement with a two story commercial structure including all retail with a full basement. HPC found it
met the full guidelines. The HPC resolution addressed other topics including granting a view plane
exemption. The property is in the Wheeler view plane. HPC did two site visits and determined you could
not see the building from the Wheeler and found an exemption was appropriate. They asked for changes
to the corner treatment and fenestration at final review. They allowed a cash in lieu payment for the
parking and public amenity space.
Councilwoman Mullins asked about the affordable housing. Ms. Simon replied that will be dealt with at
final. There will be a credit for what is there now. The plans do not show any on site housing.
Councilman Myrin said he would support calling it up. The pedestrian amenity could be added to the
space around it. It is similar to peaches and paradise. There is an opportunity to setback and add space
for dining. He does not support lot line to lot line for this particular space.
Ms. Simon said the public amenity discussion has been had several times. It is a balance. HPC felt
because of the mall they felt there is enough outdoor space.
Councilwoman Mullins said she support the guidelines of lot line to lot line. She does not support the
roof top amenity space. In this case it is better to have the building come up to the lot line and be in line
with the other Victorians especially in the mall area. Her biggest concern is this is a major project and
three of the nine commissioners voted for it. She would see it going back to HPC to have a bigger
commission present.
Councilman Myrin said he understands lot line to lot line but this would be a fine opportunity not to do it
like at Paradise.
Regular Meeting Aspen City Council November 9 and 10, 2015
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Councilman Daily said he agrees with Councilwoman Mullin’s thinking. He is uncomfortable with the
small HPC vote and would like a broader representation. It is a tight vote for a building of this
significance. The guidelines are worthy of more discussion at this table. He is not persuaded that a
pedestrian amenity is needed out front at the corner. He is in support of calling it up.
Councilman Frisch said it should be called up. He does not buy the argument that every corner needs to
be lot line to lot line. It is a pretty building but there will be more sticker shock for his building than any
we have seen in a long time.
Mayor Skadron asked if the chamfered corner will look more like the Ralph Lauren building. Ms. Simon
replied yes, it will be addressed to be more traditional. Mayor Skadron said the public amenity was to be
rooftop but it is not part of the application. Ms. Simon said the proposal is for cash in lieu.
Mayor Skadron said he will support the call up as well.
Councilwoman Mullins moved to call up 434 E Cooper; seconded by Councilman Frisch. All in favor,
motion carried.
305-307 S Mill – Notice of Call up, HPC Resolution #27, Series of 2015
Amy Simon stated this property is in the historic district but not formally identified as historic. It is in the
Wheeler view plane. It hits the leading edge at 7’3” and leaves at 10’6” and makes redevelopment very
difficult. After looking at the initial scrape and replace application HPC asked for a restudy. The new
application retains the existing structures with reclad siding, filled in a notch in the middle of the site and
added a one story glass box in the area of the popcorn wagon. All the new development is under the
height of the existing development. There is more open space in the approved version than the previous
proposal and HPC appreciated that. The project was approved by a vote of 3 to 1. HPC granted
conceptual major development, commercial design approval and view plane exemption. They felt the
new development intruded no further into the view plane than the existing development. They did ask for
detail at final for mechanical equipment. They want to make sure it is cleaned up. HPC is also accepting
cash in lieu for new parking generation. The trash enclosure will be redesigned as well. For public
amenity some will be provided onsite and the balance will be in the form of cash in lieu.
Councilman Frisch said he is a big supporter of view planes but we need to have a check on a 7 foot view
plane. A land owner should be able to build to one story. When the view plane gets to a second story it is
a lot easier to offer some push back. Is the volume of the building the same size but enclosed. Ms. Simon
said it is smaller than the existing. Councilman Frisch said it is interesting and a good way to solve the
solution. The fact we are getting a smaller and lower foot print than what we could get does not require a
call up. He would love to see more votes.
Councilman Myrin said page 112 of the packet is the best view of the view plane. When there is an extra
building you can’t see the front door of the Wheeler. He would support the call up. Has the elevator
enclosure gone away. Ms. Simon stated that was in the first rendition but it has gone away.
Councilman Daily said he really appreciates the applicant going back to the drawing board and the
considerably smaller redesign. It fits the site a lot better. A good deal of open space has been preserved.
The reuse of the existing building retains the current small scale. The pictures are appropriate for the site.
Regular Meeting Aspen City Council November 9 and 10, 2015
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He appreciates the more modest and thoughtful proposal. He does not see anything in the proposal that
says we ought to call this up.
Councilwoman Mullins said the low vote is disturbing but this is cleaning up what is existing. The Arch
building is on the AspenModern list. There is a good probability that it won’t go away. She would not
support calling this up. The applicant has done a good job of cleaning up what has become a messy
corner.
Mayor Skadron said he is desirous of a call up.
Two votes in support of call up.
Councilwoman Mullins said she would support the call up.
Councilman Myrin moved to call up 305-307 S Mill St.; seconded by Councilwoman Mullins. All in
favor except Councilmembers Daily and Frisch, motion carried.
Ms. Simon stated both call ups will be December 14th.
CONSENT CALENDAR
Resolution #103 – snow cat
Councilman Myrin asked if we are keeping the existing two and adding one.
Jerry Nye, streets, said one will be a parts machine. It does more to keep it then to get rid of. Two will be
good condition machines. There will be one new with a backup.
Resolution #131 – Red Brick Management Agreement
Mayor Skadron asked about the future repair needs.
Jim True, city attorney, replied this recognizes the initial fees would be completed by Dec 1. It is
accruing money intended for capital reserve for future repair costs. The Red Brick would collect money
for capital reserve and if the City paid money for the repairs the capital reserve would pay it back.
Angie Callen, red brick, in 2016 we foresee a complete roof replacement and do not have the funds to
cover it. This will put in place a loan program where the City will front the funds with a repayment
program. This is a preliminary ok on that program. Mayor Skadron asked if the revenues are primarily
from rent. Ms. Callen replied yes.
Councilman Frisch moved to approve the consent calendar; seconded by Councilman Daily. All in favor,
motion carried.
Regular Meeting Aspen City Council November 9 and 10, 2015
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Resolution #114 and #115, Series of 2015 – ERP Contract approvals for Oracle and CherryRoad
Resolution #129, Series of 2015 – Truscott Site Improvement Project – BG Design Contract Add
Services
Resolution #91, Series of 2015 – Contract for Replacement of motor Grader
Resolution #128, Series of 2015 – Emergency Generators
Resolution #103, Series of 2015 – Contract for Purchase of Snow Cat
Resolution #131, Series of 2015 – Management Agreement between the City of Aspen and the
Red Brick Center for the Arts
Minutes – October 26, 2015
Councilman Frisch moved to approve the consent calendar; seconded by Councilman Daily. All in favor,
motion carried.
Alice Hackney, finance, said for the past several years they have anticipated the ERP project. They have
been working with GFOA on a needs analysis. We utilize four to five administrative system and this will
replace four. The project will kick off the end of this month and go through the end of 2016. Don Taylor,
finance, said this will bring us in to the 21st century. Our current system is no longer supported. Alissa
Farrell, human resources, from an HR standpoint this will improve efficiencies.
Mr. Taylor said we sold the bonds last week. The bonds present value savings was just over 1 million
dollars.
ORDINANCE #46, SERIES OF 2015 – Miscellaneous Code Amendment
Justin Barker, community development, told the Council this will clarify and codify existing city policies
and fix code references. The proposed amendments were sent out via newsletters and presented to P&Z
at the October 6 meeting. They were comfortable with the changes. Staff recommendation is for
adoption at first reading and schedule second reading for November 23. 90 percent of the amendments
focus on the calculations and measurements and defines how height, floor area and setbacks are measured
as well as what is defined as finished grade and what qualifies as certain points of measurement.
Councilwoman Mullins said this will redefine a few things like story. When will we see those. Mr.
Barker said those definitions are in the ordinance. Councilwoman Mullins asked for setbacks and
changing the building envelope some are there to protect the landscape, will that change. Mr. Barker said
most have defined language but some properties don’t have that language. Councilwoman Mullins said
we won’t increase the disturbed amount of landscape. Mr. Barker said that is what we are trying to
prevent. Councilwoman Mullins asked about the formulation for below grade square footage will it
increase the net square footage someone can build. Mr. Barker said it will decrease it on some properties
due to the way it was calculated in the past.
Councilwoman Mullins moved to read Ordinance #46, Series of 2015; seconded by Councilman Daily.
All in favor, motion carried.
ORDINANCE NO. 46
(SERIES OF 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING MISCELLANEOUS
AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE.
Regular Meeting Aspen City Council November 9 and 10, 2015
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Councilman Daily moved to adopt Ordinance #46, Series of 2015 on first reading; seconded by
Councilman Frisch. Roll call vote. Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Myrin, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #43, SERIES OF 2015 – 2016 Fees for City of Aspen Departments and Update to
Liability Coverage for Contractors
Pete Strecker, finance, said part of annual budget process includes the adoption of fees. We have and
internal pricing committee. This year we looked at comdev, recreation and stormwater. The fees were
presented to Council and included in the budget books.
Councilman Daily said he supports the increases in insurance coverage.
Councilman Frisch said the continuation in small increments is better and we should continue to do that.
Great work to the pricing committee.
Councilwoman Mullins said great work. What is the liability insurance. Mr. True said we have a
provision that people who get a contractor license get liability insurance and the fees were insufficient in
today’s world.
Mayor Skadron asked at the public hearing to chat about the total cost recovery and which fees cover total
costs and others partial costs and to detail what the internal pricing committee looks like.
Councilman Frisch moved to read Ordinance #43, Series of 2015; seconded by Councilman Daily. All in
favor, motion carried.
ORDINANCE NO. 43
(SERIES OF 2015)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ADJUST CERTAIN MUNICIPAL FEES
INCLUDED UNDER SECTION 2 AND 26 OF THE MUNICIPAL CODE, PLUS UPDATING
INSURANCE REQUIREMENTS FOR CONTRACTORS UNDER SECTION 8.
Councilman Frisch moved to adopt Ordinance #43, Series of 2015 on first reading; seconded by
Councilwoman Mullins. Roll call vote. Councilmembers Mullin, yes; Daily, yes; Myrin, yes; Frisch,
yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #44 AND #45, SERIES OF 2015 – Utility Rates
Lee Ledesma, utilities, told the Council the rates are exactly what were presented to Council at the
October 20 work session. They model the continuing cost of service transition. On average the water
rates go up 5.5 percent and electric 5 percent. There will be a 2016 rate study for both. There are lots of
changing factors in both utilities. Second reading is scheduled for November 23.
Councilman Frisch said this is all part of a multiyear plan. One way to look at this is an increase another
is a less of a subsidization of some people. We are trying to make sure people are paying their fair share.
It is a long process but we are making the rights steps.
Regular Meeting Aspen City Council November 9 and 10, 2015
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Mayor Skadron asked Ms. Ledesma to comment on what Councilman Frisch said at the public hearing.
Councilman Frisch moved to read Ordinance #44, Series of 2015; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE NO. 44
(SERIES OF 2015)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND SECTION 25.04,
ELECTRICITY.
Councilman Frisch moved to adopt Ordinance #44, Series of 2015 on first reading; seconded by
Councilman Daily. Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Mullins, yes; Daily, yes;
Mayor Skadron, yes. Motion carried.
Councilman Frisch moved to read Ordinance #45, Series of 2015; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE NO. 45
(SERIES OF 2015)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND SECTION 25.16,
WATER RATES AND CHARGES
Councilman Daily moved to adopt Ordinance #45, Series of 2015 on first reading; seconded by
Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Daily, yes; Myrin,
yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #41, SERIES OF 2015 – Fall Supplemental Budget
Mr. Strecker said this is to request an additional 4.4 million dollars to the current budget. It is 890,000
dollars for five new requests. 250,000 dollars are for Truscott site improvements. 365,000 dollars for
ACI improvements. 240,000 dollars for the Wheeler elevator. 35,000 dollars in the general fund for
comdev plans reviews and lift one restoration work. In addition to the new requests there is 1.6 million in
projects that were approved by Council through the year. 1.2 million was for the Wheeler renovation,
260,000 for the express feeder, 86,000 for the Castle Creek Bridge and 50,000 for the small lodge
incentives. There are also 1.8 million dollars in technical adjustments including 1.5 of buying and selling
city housing units. There is also 250,000 dollars in transfers from the housing development fund to the
Truscott fund for the work completed.
Councilman Frisch moved to read Ordinance #41, Series of 2015, seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE NO. 41
(SERIES OF 2015)
AN ORDINANCE APROPRIATING AN INCREASE IN THE GENERAL FUND OF $80, 880, AN
INCREASE IN THE PARKS AND OPEN SPACE FUND OF $85,000, AN INCREASE IN THE
WHEELER OPERA HOUSE FUND OF $1,398,500, AN INCREASE IN THE HOUSING
DEVELOPMENT FUND OF $634,070, A DECREASE IN THE WATER UTILITY FUND OF $40,220
AN INCREASE IN THE ELECTRIC UTILITY FUND OF $343,370, AN INCREASE IN THE
Regular Meeting Aspen City Council November 9 and 10, 2015
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TRUSCOTT HOUSING FUND OF $250,000, AN INCREASE IN THE EMPLOYEE HOUSING FUND
OF $1,582,700, AN INCREASE IN THE HOUSING ADMINISTRATION FUND OF $60,000.
Councilwoman Mullins moved to adopt Ordinance #41, Series of 2015 on first reading; seconded by
Councilman Frisch. Roll call vote. Councilmembers Daily, yes; Myrin, yes; Mullins, yes; Frisch, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #37, SERIES OF 2015 - Code Amendment – Fee-in –Lieu Rate Schedule
Councilman Myrin moved to continue to November 10, 2015 at 4:00 p.m.; seconded by Councilman
Daily. All in favor, motion carried.
Resolution #118, Series of 2015 – 2016 Budget for City of Aspen
Mr. Strecker said the budges is 93.8 million dollars and includes 61 million in the base budges for
continuation of existing services and a 2.1 percent increase over last year’s budget. There is a 2.2 million
increase in new requested resources including small lodge resources, expansion of public transit at
Burlingame, four new staff, modernization of services and we-cycle and next gen requests. There are 25
million dollars in capital outlay in 2016 including 11.5 for the APD building, 1.4 million in bus
replacements, 750,000 for affordable housing at ACI and infrastructure improvements. The total request
is a 1.3 percent increase over 2015.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch gave a hats off to Pete and the finance department.
Mayor Skadron thanked finance for the good work.
Councilwoman Mullins moved to adopt Resolution #118, Series of 2015; seconded by Councilman
Frisch. Roll call vote. Councilmembers Mullins yes; Frisch, yes; Myrin, yes; Daily, yes; Mayor Skadron,
yes. Motion carried.
RESOLUTION #130, SERIES OF 2015 – Budget for APCHA and Other Associated Component Units
Mr. Strecker said the housing authority administration, smuggler fund and the aspen country inn and
Truscott II and APCHA development fund are all under the APCHA purview and were approved on
November 4th.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Resolution #130, Series of 2015; seconded by Councilman Daily.
Roll call vote. Councilmembers Daily, yes; Mullins, yes; Myrin, yes; Frisch, yes; Mayor Skadron, yes.
Motion carried.
ORDINANCE #26, SERIES OF 2015 – Obermeyer Place Planned Development Amendment
Sara Nadolny, community development, told the Council Obermeyer Place is currently zoned Service
Commercial Industrial. A few of the units are currently zoned SCI or neighborhood commercial. The
Regular Meeting Aspen City Council November 9 and 10, 2015
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request was to rezone from SCI to NC as well as to amend the planned development to allow for SCI
uses. Council voiced concern that the rezoning would allow for professional offices and they would be
able to pay more for rent or purchase of the units and edge out the locally serving uses that Obermeyer
Place was originally created for. This is a valid concern and the applicant heard this. The applicant and
staff met to address these concerns and the applicant agreed to alter the scope of the application. The
applicant has agreed to take the rezoning off the table. They are looking to amend the planned
development to broaden the allowed uses. To address Council concern they have removed office use but
broadened the list of locally serving business uses. The first use is service use and defined in the code as
a commercial establishment engaged in providing personal or financial services to the general public. We
would expect to see things like a tailor or salon or tax preparer. Design studio, neighborhood café, non-
profit, recreation club, childcare center and pharmacy are also included. The last uses are not defined in
the land use code but staff is proposing definitions. They include health and medical services and allow
for dentist, chiropractor, physical therapist, allergist, etc., and broadcasting phalicity and technology
services. The list maintains basic needs and the underlying zoning. It does not displace the light
industrial uses. It removes the threat of most professional offices that could edge out the rest of these
locally serving businesses. This is a more precise approach than the aggressive rezoning but still gets to
the heart of allowing more opportunity here.
There are some uses that are allowed by the service uses that the HOA might chose to disallow by
nuisance including marijuana. These can be addressed by the HOA. Ultimately, this meets the criteria
and does not change the overall characteristics of Obermeyer. It does create more potential for filling
vacant units and Staff is in full support of the application.
Jerome Seismic, representing the applicant, thanked council and staff to move towards the original goal of
filling the vacancies. The current SCI zoning is not working. This suggestion has the support of the
HOA and owners. We feel these additional 10 uses will allow Obermeyer to thrive. It is a significant
improvement to the property.
Councilman Myrin said one of the goals was to eliminate office use. Does design studio allow
architecture office. Ms. Nadolny said it allows for graphic artists. She would need to take a closer look
to see if that means architecture studio. Mr. Bendon said the design studio came about maybe 10 years
ago. Originally it was an allowed use capped at the time. Councilman Myrin said he would like to move
away from the office. He is supportive of a lot of the uses in here but would like to strike a few including
number 2. He would like more clarification on personal financial services and non-profit seems a little
broad.
Mr. Bendon said non-profit is very much an office. Councilwoman Mullins asked how are you defining
office. A lot of these uses will look like an office. Councilman Myrin said ideally all office rather than
defining what is in the office. It is not zoned for office. Councilwoman Mullins said none of the uses are
static dead space office use. Councilman Myrin said the goal is not to displace the uses that are currently
allowed there.
Councilman Frisch said the entire Obermeyer is not all zoned the same. Ms. Nadolny replied the
underlying zoning is all SCI but the individual units are either NC or SCI. Councilman Frisch said there
are some legacy operators in there because the original zoning wasn’t being filled up. We are already
dealing with some businesses with a work around. I think this will fail if we are dealing with a bunch of
high end offices in there. One of the question Councilman Myrin raised is design studio. We already
have an architect down there. Overall the applicant has done a good job of hearing what our concerns are.
Regular Meeting Aspen City Council November 9 and 10, 2015
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He is fine from the architecture standpoint. There is a difference from a money management standpoint
and a bank. Mr. Bendon said around ten years ago they differentiated office from service use on the first
floor. Councilman Frisch said he thinks it will be a disservice if we end up with a bank in there, law firm
or real estate office. He is fine with design studio. He would not be thrilled with a pharmacy either.
Councilwoman Mullins said she is supportive of keeping design in there. She does not think it will price
out anyone else. She agrees that law and real estate are not good for there. She sees a bank as a service
for the residents and the people working there. She thinks this is a good compromise.
Councilman Daily likes very much the direction this is going. It is a more focused proposal than the
overall rezoning to NC would accomplish. A number of the allowed uses have office elements and we
need to get away from the term office and prohibition of office in general.
Mayor Skadron said the list is generally good. He has reservations around the financial institutions. It
should be capped at one. Design studio need further refined. Regarding non-profit he likes that use
included. It is a delicate balance of decreasing vacancy while increasing vitality.
Councilman Myrin said if there is NC or SCI this is addressing the SCI. How much of that as a
percentage is there. Mr. Bendon replied about 80 of what we are discussing. Councilman Myrin said he
would be supportive of this if we struck number 2. Banks achieve the locally serving.
Councilman Frisch said he is happy that we don’t have to create any nonconforming uses. He thinks the
neighborhood is worse off in expanding financial uses. He does not think more banks or pharmacies is
what the SCI zone is for. He is happy to stick with the design studios.
Councilwoman Mullins would argue against eliminating the design studio. She supports getting rid of the
financial.
Mayor Skadron opened the public comment.
1. Dwayne Romero stated he supports that the applicant and council worked together to find a
solution. The design studio component adds more than the liabilities it may create. Relating to
banking and financial services his inclination is to defend the design studio. This is the 10th year
of structural vacancies there. The other uses being proposed there are quite creative.
2. Wally Obermeyer, chair of the condo association and resident said he supports the changes
council is considering. He thinks we can live without the financial firms in the SCI portions. He
highly encourages that architects be allowed. What is most exciting is seeing the people coming
in and out of the businesses. Having the police department there has been great. He thanked
Chris and Sara for trying to come up with a solution that addresses the current concerns.
Mayor Skadron closed the public comment.
Mr. Simecek said they would support moving the banking out.
Mayor Skadron said there is consensus on removing the financial, the question is the design matter.
Councilman Myrin asked if there are other places where design studio has priced others out. Mr. Bendon
replied maybe the properties along the river. There has been a 20 to 30 year history of those being there.
He is not sure if they priced them out or they just gravitated there. Councilman Myrin said that’s the one
he feels most strongly about. It is a big chunk of the development and not as locally serving. Most of the
other things are locally serving.
Regular Meeting Aspen City Council November 9 and 10, 2015
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Councilman Frisch said he thinks it is fine. His preference is to remove pharmacy. He is more concerned
about making sure banks and financial are not there. He does think the design studio should be there for
people doing creative work.
Councilwoman Mullins would support the pharmacy. The design studio is important. There is an
architect there already. They are not going to price other people out. It is a dynamic interesting group
that will add vitality to the space. She could see banks going.
Mayor Skadron does not support design, financial or pharmacy. Good intentions generally don’t come to
fruition. Increase vibrancy and decrease vacancy.
Councilman Myrin said there is no downside to passing this how the Mayor proposed it.
Councilman Daily said he supports the design studio concept. It encourages creative and young
entrepreneurs.
Councilman Myrin moved to approve Ordinance #26, Series of 2015 with amendments to section 2 to
delete design studio, section 7 pharmacy and number 1 personal financial services including banks;
seconded by Mayor Skadron.
Councilwoman Mullins proposed to amend the motion to add section 2 design studios back in; seconded
by Councilman Daily.
Councilman Myrin said he feels strongly these can be added back in a year down the road. They have
opened up a very significant amount of opportunities in what is to be a limited space. Councilman Frisch
said design studio is fundamental to what the SCI zone is trying to get to. There is a link to the
community and creative aspect. There has not been a crowding out. He is happy to support the inclusion
and Councilwoman Mullin’s amendment. All in favor of supporting amendment to add back design
studio except Councilman Myrin and Mayor Skadron. Motion carried.
The motion is to delete from number 1 financial services including banks and section 7 pharmacy.
Mayor Skadron said changes like this should be incremental.
Councilwoman Mullins said this is encouraging creativity. There is a whole range of designers that will
be down there and adding diversity. Anything from a furniture designer to a website designer.
Roll call vote. Councilmembers Mullins, yes; Daily, yes; Frisch, yes; Myrin, no; Mayor Skadron, no.
Motion carried.
ACTION ITEMS
447 E. cooper St Call Up – HPC Resolution #25, Series of 2015
Sara Adams, community development, stated HPC approved conceptual, view plane and demolition.
This is a 9,000 square foot lot in the commercial core historic district. It is in the Wagner and Wheeler
view plane. HPC vote 4 to 0 in favor of the project. When HPC or P&Z is asked to review view plane
they are asked to determine the project has a minimal impact on the view plane. If it is not minimal it
Regular Meeting Aspen City Council November 9 and 10, 2015
13
goes through a planned development process. If it is minimal it is exempt and continues through the
process. HPC did a site visit on the day of the hearing. Ultimately they felt comfortable the project had a
minimal impact. They considered the review criteria were met. Council has the option to request more
information, remand back to HPC or uphold the HPC decision.
The second issue had to deal with the conceptual design. Conceptual reviews the massing, proportion and
site plan. HPC had a thoughtful discussion and thought the design was appropriate. They voiced some
concerns for the final architectural features including materials, curved windows, brick details and trellis
and asked for more details at final. Staff echoed those comments. Staff is recommending Council uphold
resolution 25.
Mitch Haas, representing the applicant, showed pictures of the existing conditions. The frontage is on the
property line. The rear is set back behind nine parking spaces. He showed images of the proposed
design. The center portion will be set back from the ends by two feet. The existing is 22 feet high and
the proposed is 28. Originally they proposed the trash be shared with Casa Tua but enhanced.
For the view planes he showed images of the breadth of the Wheeler view plane. The height limit at the
front of the property is 21 to 22 feet. From the Wagner park goal post the restrooms are directly in the
way of the view. From the Wheeler view plane the property is completely blocked.
The building would need to be 39 feet high to clear the Wheeler view plane from the Wagner restrooms.
The Wheeler view plane is behind the paragon and red onion, both which are landmarked buildings. All 4
of the HPC voted to support the project.
They found the architecture, height, mass and scale all met the criteria. In regards to the view plane it
makes it clear that if there is a minimal impact there is no need for the planned development. If you are in
front of another building that already blocks the view plane and it will further infringe the view plane and
what is the likely hood of that building going away, if minimal, it shall be exempt.
This is a 28 foot tall proposal. The likelihood of the landmarked Independence Square going away is
minimal, therefore it shall be exempt.
Councilman Myrin asked if the building behind, Independence Square, is 100 percent blocking the view
plane space. Mr. Haas replied 30 years of view plane precedent says so. Councilman Myrin said for
example using the Jerome view plane why don’t we have to use the same logic between the Wheeler and
the Jerome.
Councilman Frisch said it still has to meet the underlying zoning.
Councilman Myrin said his concern is anything behind the city bathroom gets filled in. It is a precedent
issue on the view plane. He does not find it minimal and it should go through the planned development
process.
The other issue is the 25 percent public amenity space. We do get money but we never get the ground
floor back. Mr. Haas said the requirement is 10 percent. The city preferred the money since it is on the
mall and they requested the funding. Another alternative is to continue this after the view plane work
session.
Mr. Haas said it is routine to prefer cash in lieu when the public amenity is north of the building and in
the shade.
Councilman Myrin said to move the building back 10 percent.
Regular Meeting Aspen City Council November 9 and 10, 2015
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Councilman Frisch asked if the view plane issue did not come up with the city bathrooms. One of the
questions that we have not had an opportunity to discuss regarding the view plane is was there as much
protected views or another check on growth. Once the view plane has been violated do you give up.
Ms. Adams gave some history on view planes. The regulations were first adopted in 1973 in response to
the Gant. The current regulations were put in place in 1988.
Councilman Frisch asked was the only reason the restriction was put in place to make sure there was
access to the mountain and once it was gone this becomes irrelevant.
Mr. Bendon said the language of the code and the evolution of the view plane certainly was for the view
of the mountain but it was from the vantage point.
Councilman Frisch said he agrees HPC made the right call from standing on the origin point looking for
Mitch with a story pole.
Mr. True said there is a purpose statement in this section of the code. “Development within designated
view planes as set forth in section 26.04.050 shall be subject to heightened reviews so as to protect
mountain views from obstruction, strengthen the environmental and esthetic character of the city,
maintain property values, and enhance the cities tourist industry by maintaining the cities heritage as a
mountain community.
Councilman Myrin said if the view plane is minimal to the community why isn’t it minimal to the
applicant. There is more than a minimal impact on the view plane.
Councilwoman Mullins said we need to be looking at the overall experience of being downtown, view
plane, public amenity space and building design. The view plane, taken from the vantage point is
nonexistent. In this case it is blocked by buildings that are not going to go away. She is with HPC on the
minimal impact to the view plane. In terms of public amenity the guidelines say the building should go
out to the edge of the lot line. The mall itself is a historic resource and the minute you start to fragment
the edge of the mall you start to break up the resource. She supports the fee in lieu and the money go to
improvement of the mall. She would like more attention to the design of the building. Her first
impression is it looks like it came off the Stanford campus. It is not in character with Aspen. The set
backs are not appropriate or the trellis or upper deck. The fenestration is not fine enough.
Councilman Daily said the view plane matter is applying the present code language. HPC did not make a
subjective decision. They found the view plane was already blocked by other buildings that did not have
the ability to be redeveloped and had a minimal impact on the view plane. The exemption was proposed
and granted on that basis and I have nothing on which to argue otherwise. He is going to follow HPCs
lead and he believes they followed the code. For the public amenity he also agrees with HPC and staff
and Councilwoman Mullins and we do not need to have public amenity that will compete with our malls.
Cash in lieu is fine and proper and we are not losing anything. The applicant has already told us the
designs are not final and HPC has another opportunity to review at final.
Councilman Frisch said he thinks we are in a pickle that he wishes we weren’t in. Councilwoman
Mullins articulated the public amenity space well. Our hands are tied pretty well. We need to focus on a
view plane discussion. From a legal standpoint and where the code is written our hands are tied.
Regular Meeting Aspen City Council November 9 and 10, 2015
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Councilman Myrin said there is value in having space at grade on the mall for use.
Mayor Skadron opened the public comment.
1. Jay Maytin said the guy is going to finish the back of the building. Is that public amenity. This
project meets the code. It doesn’t have any speculative real estate. The view plane language is
horrible. If the majority of you think HPC made the right decision it is not a reason to remand it
back. It is a building that is one and 2/3 story as designed with no speculative real estate. It is a
no brainer.
2. Jim Farrey said it comes down to an esthetic play with the back looking as handsome as the front.
If you can’t see it in terms of the view plane it will be the same height as it is today just prettier.
Mayor Skadron asked how much consideration did HPC give to the buildings that are doing the blocking.
Ms. Adams said they considered the historic, non-historic and those with free market residential use. We
talked holistic about the main buildings. Mayor Skadron said the historic makes this discussion mute. I
need to know that HPC has given through consideration to what they were looking at. Councilwoman
Mullins said it is the historic buildings that are obstructing the view planes. If they were non-historic I
would fight for it.
Councilman Frisch said he is basing this on the fact they are historic buildings.
Councilman Myrin said they talked about in front of versus behind.
Mayor Skadron closed the public comment.
Mayor Skadron said we need to decide which action to take. Is there any desire to continue this meeting
to request additional information. Councilman Myrin said he would like more clarity on adjacent
structure that could block the viewplane.
Mayor Skadron said because of the importance of the location of this building is there any desire to
remand this back and ask for reconsideration regarding the viewplanes. Councilwoman Mullins replied
no, the intrusion is minimal. The most important aspect is looking at the design and HPC has already
given that message. Cash in lieu is appropriate for the public amenity space.
Councilwoman Mullins moved to uphold HPC Resolution #25, Series of 2015; seconded by Councilman
Frisch. Roll call vote. Councilmembers Frisch, yes; Myrin, no; Daily, yes; Mullins, yes; Mayor Skadron,
yes. Motion carried.
Jay Maytin said using the reasoning of a small amount of HPC members present is inappropriate for a
reason for a call up. Mr. True said the basis of call up is discretionary for call up and having less than a
majority present is a legitimate basis for call up.
At 10:05 p.m. pursuant to C.R.S. 24.6.402 (b) conference with attorney, Councilwoman Mullins moved to
go in to executive session; seconded by Councilman Frisch. All in favor, motion carried.
Councilman Daily did not stay for the executive session. At 10:15 p.m. Councilman Frisch moved to
come out of executive session; seconded by Councilwoman Mullins. All in favor, motion carried.
Councilman Myrin moved to continue until 4:00 p.m. on November 10, 2015; seconded by
Councilwoman Mullins. All in favor, motion carried
Regular Meeting Aspen City Council November 9 and 10, 2015
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November 10, 2015 4:00 p.m. Mayor Skadron called the continued regular meeting to order.
ORDINANCE #37, SERIES OF 2015 – Code Amendment – Fee-in-Lieu Rate Schedule
Barry Crook, manager’s office, said in 2012 RRC and Reese consultants proposed a methodology for
revamping the fee in lieu referred to as the market gap method. It did not find favor. We came back in
January and Council tabled further study until the residential study could be completed. In March of this
year Council reviewed seven different methodology options and narrowed it to two. At a July
worksession we were asked to draft an ordinance that used a combination of historical and future
estimated development costs. Council indicated they preferred a density option that was at least a 25
percent reduction. At second reading Council decided to add another methodology that eliminated the
historical costs at Burlingame and looked at only future development at three different density options;
75, 62.5 and 50 percent. Those are the options we brought tonight. Options one, two and three are
historical and future at the three different options. Options four, five and six eliminate the recently
completed phase of Burlingame and look only at the future phase and in town properties and the three
different density considerations. The Staff recommendation is option four, all potential future
development at a 75 percent density level. Categories five, six and seven have been included so comdev
can calculate housing certificate conversions not fee in lieu options.
Councilman Frisch said there are two big questions; density and what do we want to include to figure out
future assumed costs. What should we include. I think futuristic Burlingame but not sure about the
completed Burlingame phase. He thinks we need to focus on 4, 5 and 6. There is some downside to
reducing the density too much. It is more expensive to build with less density. If a private developer was
building on the same site what would they be allowed to build. He appreciates the APCHA letter but
under no circumstance does he see Burlingame phase whatever not being part of something we should
plan for in the medium future. The more Burlingame you include the less money you need to collect.
Let’s be sure you collect enough money to build what you promised the community to build. There has
been a lot of talk that say nobody can build for these numbers. The category one option four say 328,000
dollars. No one is saying you can build for that but what isn’t talked about is the revenue from the buyer
of the unit. Those things together need to be the full cost of the unit. I’m with staff on the
recommendation of 4.
Councilman Myrin said he could live with 5. His original argument was for 50 percent.
Councilwoman Mullins said we are getting close. Her concern is more of whatever method we chose
when will be the first check in to make sure we chose the right method. Mr. Crook said we would
recommend no more than every five years. Councilman Frisch said after the first project gets approved
we should say did that density match up with what we thought it would. Councilwoman Mullins said and
cost as well. It is important that whatever option we back is the most defensible legally. Mr. True said
these options are defensible and choosing one is a decision Council gets to make in their discretion. 75
percent is reasonable to start with.
Councilman Daily said he agrees with Councilmembers Mullins and Frisch. Staff’s recommendation is
consistent and option 4 is a good place to start. There is a certain amount of flexibility. Councilman
Frisch is right with a check in after the first project. He likes the sense of not being committed for 5
years. Let’s choose the best we can. We have looked at a lot of options over the last few months.
Regular Meeting Aspen City Council November 9 and 10, 2015
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Councilman Frisch said he is not sure about the density between 75 and 62.5. He could be convinced to
go to 5 if someone says 62.5 is more realistic. Mr. Crook said at 75 percent that is 9 units on the Main
Street project, 12 at Park Circle and 25 at Castle Creek. Councilman Frisch said the best check in is
Peter’s Main Street project. If our project is close to that is a good check.
Mayor Skadron said what is most important is the reliable, predictable, updatable and defensible criteria.
Option 4 appears as the hybrid approach that takes into account land costs, recent construction figures,
projected construction costs and build out to 75 percent max that is leading us to the point that can help us
to get something built. He is not opposed to considering option 5.
Mayor Skadron opened the public comment.
1. Peter Fornell thanked Barry and Chris. 4, 5 and 6 are better models to consider. He is supporting option
5. It most closely represents the current price he has been charging for certificates. 75 percent is
aggressive and 65.5 is more appropriate. Mr. Fornell passed out handout he previously emailed. If you
want to see the certificate program produce units at lower income there needs to be an incentive for the
developer who is willing to wait for his money. If you use option 5 there are more dollars in category two
than four.
2. Steve Stunda, member of APCHA board, said they endorsed an option that is not visible but they are
willing to endorse option 5. They felt not enough land value was allocated to Burlingame Phase II and it
is artificially low. They want the FTE program to survive. It needs to be competitively handled.
3. Cindy Christensen said when Snyder was built what was first going forward was a bunch more units and
what we ended up getting was 30 percent density. It was the first project the city ended up getting the
maximum price.
Mayor Skadron closed the public comment.
Councilwoman Mullins said she would support option 5.
Councilman Daily said he agrees with Councilwoman Mullins. He appreciates the public input. Option 5
is the best selection. Councilman Myrin favors it. He is prepared to go with 5.
Councilman Frisch is good with 5.
Councilman Myrin is glad he stands where he started.
Mayor Skadron asked for a comment on any concern with the staff recommendation and option 5. Mr.
Crook said he has no concern. Both are legally defensible. Mr. True agrees. It supports a rational
discussion and conclusion by Council based on input by knowledgeable individuals.
Mayor Skadron stated he will support option 5 as well.
Councilman Frisch moved to adopt Ordinance #37, Series of 2015 amended to option 5 from option 4;
seconded by Councilman Daily. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Daily, yes;
Myrin, yes; Mayor Skadron, yes. Motion carried.
Mayor Skadron said the ordinance supports using credits for categories 5 through 7. Mr. Fornell said you
can’t build 5 through 7 but you can receive credits for them.
Councilman Frisch moved to adjourn at 4:55 p.m.; seconded by Councilwoman Mullins. All in favor,
motion carried.
Linda Manning, City Clerk