HomeMy WebLinkAboutminutes.council.20151201Regular Meeting Aspen City Council December 1, 2015
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CITIZEN COMMENTS ............................................................................................................................... 2
COUNCILMEMBER COMMENTS ............................................................................................................ 2
CITY MANAGER COMMENTS ................................................................................................................ 2
BOARD REPORTS ...................................................................................................................................... 2
CONSENT CALENDAR ............................................................................................................................. 2
Resolution #138, Series of 2015 – Wheeler Security System Purchase Approval ........................... 3
Minutes – November 23, 2015 .............................................................................................................. 3
ORDINANCE #47, SERIES OF 2015 – Amending review process for fee-in-lieu ..................................... 3
RESOLUTION #119, SERIES OF 2015 – 2016 Mill Levy ......................................................................... 3
RESOLUTION #136, SERIES OF 2015 – Policy Resolution Residential Design Standards Code
Amendment ................................................................................................................................................... 4
RESOLUTION #137, SERIES OF 2015 – 611 E Durant Ave Gondola Plaza Ski Storage Temporary Use 6
RESOLUTION #135, SERIES OF 2015 – Temporary Use Request Grey Lady Restaurant ....................... 8
Regular Meeting Aspen City Council December 1, 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.
CITIZEN COMMENTS
Peter Greeney provided some comments from yesterday’s work session. He asked what metric is being
used to evaluate the expanded Burlingame bus service when it comes back up for discussion in the spring.
The garage matching the core in terms of pricing makes a ton of sense. He encourages Council to
consider all types of alternative transportation before expanding bus service. He is more intrigued by the
scale of electric vehicles then by making all types mandatory. Are people down valley using car to go.
Are there any metrics to track Uber coming to town? Are we doing the right things or just need to do
more of it? He does not think we need to do more of anything but just need to be more efficient. We had
an awesome ski event this weekend but there was total chaos with parking. He went to the garage at 1:30
and there were only 56 cars in it. The biggest determent of the garage to the community is that it is
underutilized. The one way to get around that is to have free parking in the garage.
COUNCILMEMBER COMMENTS
Councilman Frisch said the ski races went great. He gave a hats off to Mikaela and the US ski team for
two impressive days. He wished the Mayor a safe and fruitful trip to Paris. It is great the invites are
coming in and we are being listened to.
Councilwoman Mullins also wished the Mayor a great trip to Paris. It is an honor for Aspen to be
participating in this. As a follow up to last night’s meeting, she wants to make sure the city is talking to
Ski Co in terms of transportation and parking needs.
Councilman Daily told the Mayor to travel well and he is pleased he will be representing us.
Mayor Skadron wished a healthy ski season to everyone. He gave congratulations to the US ski team and
thanks to the FIS for letting Aspen host the races. He also congratulated Ski Co. He will report on Paris
when he gets back. It is a privilege to be going. He is only going because the community stands for
something.
CITY MANAGER COMMENTS
Steve Barwick said tomorrow at 5:30 p.m. at the Red Mountain Grill will be the first of the citizen input
meetings on the Wheeler real estate transfer tax repurposing. Light refreshments will be served.
BOARD REPORTS
Councilman Frisch said Frontiers has been spending the last few years working on the capital reserve
issues. They will be at the work session on the 15th with an update.
CONSENT CALENDAR
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Resolution #138, Series of 2015 – Wheeler Security System Purchase Approval
Minutes – November 23, 2015
Councilman Frisch moved to adopt the consent calendar; seconded by Councilwoman Mullins. All in
favor, motion carried.
ORDINANCE #47, SERIES OF 2015 – Amending review process for fee-in-lieu
Jessica Garrow, community development, told the Council the public hearing is set for December 14. A
few weeks ago Council adopted Ordinance 35 which had a number of changes to the growth management
requirements including removing ADUs as a mitigation option as well as implementing a new system for
employee generation rates and mitigation requirements related to residential construction. The ordinance
set forth a requirement if an applicant wished to pay a fee in lieu for any FTEs generated over .1 a
Council review was required. The ordinance referred to the standard Council growth management review
process which ends up being a three step process instead of a one step one which was discussed during
the review of the ordinance. The first step would be review by P&Z for recommendation to Council then
a first and second reading by Council. Staff is proposing to simplify that process to allow a one-step
review by resolution by Council. This would go into effect shortly after the fee in lieu ordinance goes
into effect.
Councilman Myrin said this doesn’t change anything so it makes sense. Ms. Garrow said the only thing
that is changing is the process becomes a one step with Council instead of the three step. Councilman
Myrin said financially there is no benefit to anyone so he is supportive of it.
Councilman Frisch said the three to four month lag is because it has to go through the Council cycle and
the P&Z cycle. Ms. Garrow replied yes, because of the processing time. Councilman Frisch said he is
supportive of Staff’s recommendation.
Councilman Daily said he agrees.
Mayor Skadron said his concern was the same as Councilman Myrin’s. Why is this coming now? Ms.
Garrow said it was a Staff oversight. When they wrote the code language they failed to add it in.
Councilman Frisch moved to read Ordinance #47, Series of 2015; seconded by Councilman Daily. All in
favor, motion carried.
ORDINANCE No. 47
(SERIES OF 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY
OF ASPEN LAND USE CODE CHAPTERS 26.470 – GROWTH MANAGEMENT REGARDING THE
REVIEW PROCESS FOR ACCEPTING FEE-IN-LIEU OF AFFORDABLE HOUSING
Councilman Frisch moved to adopt Ordinance #47, Series of 2015 on first reading; seconded by
Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Daily, yes; Mullins,
yes; Mayor Skadron, yes. Motion carried.
RESOLUTION #119, SERIES OF 2015 – 2016 Mill Levy
Pete Strecker, finance, said this is the last piece of the 2016 budget process. It includes the information
for both mill levies for the general fund, AMP and stormwater. We received the information on t he
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assessed values today from the County. Those values reflect the annual change from 2014 to 2015 and
was about 20 percent. Not all is appreciation of home values. The assessor uses a two year look back
period. In terms of revenue to the city, the revenues cannot grow by the same 20 percent due to tabor.
The revenue growth is limited to the combination of inflation plus new construction growth in the area for
the year. We are estimating that at about 2.9 percent. The total growth in revenue can only be 2.9 but the
assessed values are growing at roughly 20 percent which means what Council adopted in the past and
likely continue to adopt is a mill levy credit. The state allows a temporary credit. What is being proposed
is a 1 percent credit on the general fund mill levy or 5.41 mills. The stormwater credit is .093 on a normal
mill levy of .65.
For 2016 in the budget process we proposed the general fund all go to the AMP in 2016 to also to help
pay for the construction of the police facility and things of that nature.
Mayor Skadron asked him to define the tabor restriction. Mr. Strecker replied tabor is a revenue growth
limitation of inflation plus new construction.
Councilwoman Mullins asked what happens with the credit. Mr. Strecker said it has fluctuated over the
years. When the housing collapse happened a few years back we utilized it. Councilwoman Mullins
asked if the revenue goes into a separate fund. Mr. Strecker said no, the credit is forgoing essentially any
revenue. We are not allowed to collect it under tabor. Councilwoman Mullins said we can’t even collect
it. Mr. Strecker replied correct.
Councilman Frisch asked if we have a problem with the data coming in late. Jim True, city attorney, said
no, we provided as much that we had available.
Mr. Strecker said we could delay the decision until the next meeting but we have to certify the mills by
December 15.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Resolution #119, Series of 2015; seconded by Councilman Daily. All
in favor, motion carried.
RESOLUTION #136, SERIES OF 2015 – Policy Resolution Residential Design Standards Code
Amendment
Justin Barker, community development and Brad Johnson from Winter and Company told the Council the
residential design standards were first adopted in 1995 as a way to maintain design quality and
compatibility with historic features. They have been amended several times throughout the years. The
two most current challenges are lack of clarity and flexibility. Winter and Company was hired in
February to help with the updates. Staff is working with an advisory committee comprised of six local
architects. There have been two open houses for the community to review the proposed changes and
provide feedback. Staff also met with P&Z, individual homeowners and HOAs. The core objectives of
the standards are to ensure a strong connection between the residences and the streets, ensure the
buildings provide an articulation to break up the bulk and mass and respond to neighboring properties,
and preserve the traditional neighborhood scale of the buildings. The standards were never intended to
prescribe a particular architectural style but they are requiring each home to contribute positively to the
street scape.
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Mr. Johnson said there are two major changes being proposed including the administrative review
process. With the current process issues with the residential design standards are not caught until late in
the process and can at times delay a building permit for months. As a way to address that we are
proposing to incorporate a formal step where an applicant would submit an application separate from the
building permit application for compliance with the residential design standards.
The other big change is the 17 current requirements must be met and the features are forced and do not
make sense. The issues to be address include the requirements do not always respond to context. He gave
the examples of building orientation and light wells. We want to provide a solution that would provide
flexibility but keep intact the core objectives of the design standards. While a project may not meet the
detail standard but meet the intent it could be approved administratively by alternative compliance.
Councilwoman Mullins asked with everyone submitting an application will it overall shorten the time an
application moves through the department or will it create a backlog. Mr. Barker stated overall it will be
more efficient and more standardized. In some projects it may be longer but overall it will be more
reliable and quicker. Councilwoman Mullins asked if they are anticipating additional staff. Mr. Barker
replied no, they will just reallocate how it gets worked into the current function.
Councilwoman Mullins said there is clearly a need for flexibility with all the different styles of
architecture and the ways homes are sited on properties. Her concern is the intent is not clear enough the
decisions become somewhat subjective. How are you going to address that? Mr. Johnson said the idea of
alternative compliance will be a voluntary thing. You can follow the standards as they are now. We
worked really hard on the intent statement. You will see an explanation for each standard. Mr. Barker
said it is not all that different from the administrative review process now. It is currently a subjec tive
system and this helps to clean it up and removes some of the subjectivity. It tightens that up a little more
in terms of subjectivity. Councilwoman Mullins said it would be good to have a check in after a period of
time to see that this is working.
Councilman Myrin said it seems like two things going on as far as a process change and changes for the
actual standards. His suggestion would be it is a two-step ordinance. He is not sure why they are
combined in one. Ms. Garrow said any time there is a land use review there is a process that goes with
that. When we update the standards we have to update the process. Councilman Myrin asked if there is
no way to separate this. He has some concern with changing some of the standards. Ms. Garrow said
they would be interested in hearing his concerns with the standards. Councilman Myrin asked if this
changes the review ability from a P&Z or Council perspective. Mr. Barker said P&Z will still maintain
the same roll. Staff does not approve administratively. Councilman Myrin asked if there will there be
more administratively reviews and less that go to P&Z. Mr. Barker replied potentially. They are limited
to three administrative variances. If it can’t be reviewed it would go up to the P&Z level. Councilman
Myrin said if it gets above three is there a limit. Mr. Barker said no, it is as many as alternative
compliance would allow for. He would be hard pressed to see Staff approve alternative compliance for
10 different standards. Stopping the number at three became difficult for some neighborhoods like
Smuggler Park where there are already one or two they would need a variance for just based off of site
conditions. Councilman Myrin said he would like to see front doors on the street for Smuggler. On a
process standpoint he is hesitant to go from three to potentially ten. If the number went from three to five
it would clean up the process and achieve efficiency. Ms. Garrow said there is a fundamental difference
between the current code and what is being proposed now. Right now you come in and apply for a
variance where you are not going to meet the standard or the intent of the standard. With this proposal
you are not getting a variance through the administrative review. We are not granting variances. Those
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continue to go to the Planning and Zoning Commission. This is, is there a different way based on more
detail intent statements where the property could meet the intent of the standard. It is not a variance
process in the way we have today but more truly what are the site constraints, what is the neighborhood
context and are you still achieving the standard and the answer in many instances would be yes.
Councilman Myrin said he is hesitant to go as far as it is going. There is some value in the standards we
have and the process we have. The process is ok partially but he does not want to go from three to ten.
Councilwoman Mullins said that is partially what she was getting at with subjectivity. It is hard to write
regulations that apply to every case but more alternates for alternate compliance by building style. She
would like to see more framework.
Councilman Frisch said he is in Councilman Myrin’s camp that we are talking about two different things.
It is important to remember that streamlined has nothing to do with relaxation. He want to make sure this
plays well with the outlying areas that are part of the city. He want to make sure we take a light touch
with residential. He want to make sure we don’t get mission creep and does not think we have a problem
with the design standards. He wants to take a light touch and keep as streamlined as possible.
Councilman Daily said he appreciate the memo. He like the proposals and simplified administrative
review process. He likes the direction we are going. Alternative compliance provides better flexibility
and will help expedite the process and make it easier to comply with and easier to move through the
process. He supports what staff is proposing.
Mayor Skadron concurs with the conversation.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Resolution #136, Series of 2015; seconded by Councilman Daily.
All in favor, motion carried.
RESOLUTION #137, SERIES OF 2015 – 611 E Durant Ave Gondola Plaza Ski Storage Temporary
Use
Hilary Seminick, community development, told the Council this would allow for a temporary use permit
for a ski enclosure at gondola plaza from December second 2015 to May first 2016. The proposed
location is at gondola plaza which is part of the Little Nell planned development and part of the
conservation zone. Aspen Skiing Company is requesting a temporary use to allow for an enclosure below
the stairs that lead from the plaza level to the gondola. It is around 230 square feet and will allow for the
overnight storage and inter mountain transfer of skis and snowboards to the four mountains. The bike
racks will be relocated to either side of the enclosure. It is a ski facility use and consistent with the current
uses at the plaza. The appearance of massing will be reduced since the location is under the stairs. Staffs
greatest concern was the visual impacts. Staff supports option A of the steel frame enclosure with
decorative panels. Ski CO would rather have a powder coated railing. Staff found the project meets the
review criteria and recommends approval.
David Corbin and Dana Dalla Betta, Aspen Ski CO, said the request is fairly simple. For several years
they have transported skis from one area to another for the guests. This service has become well
Regular Meeting Aspen City Council December 1, 2015
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appreciated and well-liked by the guests. They are straining to keep up with the guest needs. In the past
the skis have been loaded onto carts that are taken into the old ticket office, loaded onto trucks and taken
to the other mountains. They would rather not have the new ticket space open in the evenings. At the end
of the day this location was deemed to be out of the way and visually least impactful. They are fine with
either approach but would rather not enclose the area with photography or art. They want to keep it less
eye catchy.
Councilman Myrin asked for the bike parking there now, is it possible to keep it somewhere for people
who use it year round. Ms. Dalla Betta said there is year round parking near the locker rooms that is
covered. If this was to come down in the summer the bike parking would go back. Councilman Myrin
said it seems like it is fairly full in the winter. Is there is a way to do it with the skis on the upper level
where they can be covered and locked. Ms. Dalla Betts said this took advantage of an existing roof.
Councilman Myrin replied he would be more interested to do this on the upper level. He is not convinced
the impacts on the vehicular traffic, especially bikes, that this is the best solution. Jennifer Phelan,
community development, stated this location is the most practical to try for ski storage. You won’t be
losing parking for bikes, just covered. This is the least impactful place to try. Councilman Myrin asked
if they considered a cage around the carts on the gondola level. Ms. Phelan said they thought it would be
visually unappealing. Councilman Myrin asked if the concern of the ticket office is the staff coming in
and out. Mr. Corbin said it is a ticket office not a storage office. There are a lot of bad things associated
with it.
Councilman Daily said he thinks this is a smart solution. The location is a good one. It is an
underutilized space. The memo stated there will be no impact on bike storage since the racks will be
relocated. Mr. Corbin said they remain they will just be no longer covered. Councilman Daily said he
has no strong feeling either way on the design. He could support option B.
Councilwoman Mullins said the ticket office looks great. Will you be able to accommodate the same
number of bike racks on the outside? Ms. Dalla Beta said they are double loaded now but will be single
loaded. Councilwoman Mullins said as popular as this service is it is not that attractive. This is a great
solution. The bike racks will be more functional. She does not think it makes a difference what option it
is.
On another note, the barricades along Durant look just as bad as they did last year. She is supportive of
what they are suggesting.
Councilman Frisch said one of the great things of the plaza is the bikes in winter mode. He is not a fan of
showing an ad without any words. Something that hides it with breathability. He appreciates staff not
wanting to see a cage. He has some of the same concerns Councilman Myrin raised as far as location. It
is worth giving it a try. He is concerned you asked for a temporary thing then said if it comes down in the
summer. Are you going to be back May second and say you want to keep it? Mr. Corbin said we would
like to approach this with an amendment to the PD for this use if this works. Councilman Frisch asked
how much growth can you have for this site to give you. Mr. Corbin replied he is not sure. Councilman
Frisch said he is happy to approve this on a temporary basis and reserve his judgement on a more
permanent basis.
Regular Meeting Aspen City Council December 1, 2015
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Mayor Skadron said he thinks the space is messy, cold, dark unwelcome and hard to maneuver. What
you are proposing with the bike racks is an improvement. He trusts your judgment on the screening to be
muted with the least visual impact as possible.
Mayor Skadron opened the public comment.
1. Peter Fornell said he supports the storage but does not want it to be in the way of skiers.
Mayor Skadron closed the public comment.
Councilwoman Mullins moved to adopt Resolution #137, Series of 2015 with option B; seconded by
Councilman Daily. Councilwoman Mullins amended the motion, section two that the enclosure shall be
as muted as possible with the least amount of visual clutter as possible; seconded by Councilman Daily.
All in favor except Councilman Myrin. Motion carried.
RESOLUTION #135, SERIES OF 2015 – Temporary Use Request Grey Lady Restaurant
Ms. Phelan told the Council this is a temporary use request for 305 South Mill at the Grey Lady
restaurant. The applicant is Ryan Chadwick. The request is for a temporary tent enclosure for December
24th through January third. Council is familiar with this property and request. Council recently denied
this request for the winter season. This request is to add the same tent for the holiday season. This will
add the tent and drapes. The public can gather in the tent outside of business hours. The property is
located in the historic district along the pedestrian mall where materials and design is regulated. This
temporary use expands the commercial space and Staff feels the materials are not traditional and do not
match the downtown materials. Staff feels this use bypasses the typical mitigation requirements. Staff
does not support this request but if Council entertains this request we ask that Council outlines how the
tent will be removed by January fourth and allows other businesses to do the same.
Councilman Frisch said he would rather stay away from the one offs. If we want to have tent week and
staff is willing to entertain it. We have a lot of people in town and there is an over demand for seating at
dinner time. For a week we could give it a try. He would rather stay away from a one off thing. If staff
is ok with allowing other people to do this, I think it should be restaurants only.
Mayor Skadron asked how much time is required to request a temporary use. Ms. Phelan replied there is
no requirement to ask beforehand. We can approve administratively for seven days.
Mayor Skadron stated part of Staffs objection was the materials. Ms. Phelan said if other restaurants want
to do this you would have lots of tents.
Councilman Myrin said public amenity space is becoming less and less over time. It should be open to
the sky. This application has a couple pages of criteria and Staff finds it does not meet six out of seven
and I can’t support it.
Councilman Daily said if we were to allow this 10 day time frame is that it? Mr. Chadwick replied their
lease ends March 31, 2016. It does not look like we are coming back next winter. Councilman Daily
replied he understands the situation you are in and he is inclined to support this. He needs to be clear on
the fourth it is down. No velvet. He likes the proposal that it is allowed to be used for the public.
Councilwoman Mullins asked if there have been inquiries from other restaurants for temporary structures.
Ms. Phelan replied no. Councilwoman Mullins stated for the short period of time it is a good use of
space. We are crowded and we need the seating. It is the coldest part of the year but she is still hesitant.
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We saw it all last year and it is detrimental of the experience of going down the mall. We need to develop
a program of the expansion of restaurants regarding esthetics. If we approve this we are not giving
anyone else an opportunity to take advantage of this loophole. She can’t support this. It sets a precedent
she can’t support. We ought to look in to developing some guidelines for the busiest times of the year
that lets this program be available for everyone.
Mayor Skadron said the applicant is acting in good faith. Councilman Daily raised a good point. There
are unique circumstance driving this. The owner of the building has an application impeding this. He can
support this if they recognize that this is in the historic district and some improvements can be made that
are signed off by Staff. What is wrong with other tents popping up in town is we have to balance that
with community character.
Mayor Skadron opened the public comment.
1. Peter Fornell said the last 30 years there are less places to sit down and eat and more people
wanting to get food and beverages and no time worse than the holiday season. They are in a very
unique circumstance. They are on a piece of real estate that is underutilized. Few restaurants
have space. The options don’t exist for businesses to do this. If you don’t like the plastic bag
theory don’t walk by Jimmy’s or Mezzaluna. There is a question of mitigation and we know they
are handcuffed. It is quite short term and it won’t be the only tented facility.
2. Peter Greeny said he supports the applicant. He does a great job of operating his restaurants. If it
wasn’t tented and occupied over the holidays it would be a cold dark space and look kind of
strange. It is a great opportunity for a busy time of year.
Mayor Skadron closed the public comment.
Councilman Frisch said if it is only for the Grey Lady he is not supportive of it. There are lot of
restaurants that have summer capacity that could be utilized in the winter. It is a hopping town in a
hopping time of year. He has faith that Staff can figure out what is appropriate. He is happy to give St aff
the leeway and flexibility to take this on.
Ms. Manning stated there are 27 restaurants that have liquor licenses where the license extends to the
outside of the restaurant on private property that have the potential to put a tent on the private property.
Mr. True said he is struggling with the concept of Staff extending the temporary use to ten days. Their
direction is a seven day limitation. To have a temporary permit longer than seven days requires fifteen
day’s notice or Council action. Since Council does not have any meetings after 15 days from now,
theoretically Staff does not have any authority to do this. They certainly would have the authority if you
gave them further direction to do seven days. Councilman Frisch said seven days is better than nothing
for most. We are not taking anyone’s rights away. If seven days needs to be the maximum that is fine
with me.
Councilman Daily moved to adopt Resolution #135, Series of 2015. Mayor Skadron amended the motion
to include removal by January fourth and the design recognize the esthetic of the historic district. Mr.
Chadwick said the design of the tent will not change but he will dress it up seasonally. Seconded by
Mayor Skadron.
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Councilman Myrin said this is a slippery slope. It is very clear where staff stands and where the memo is.
The question is do we direct a seven day permit.
Mr. True said 24.60.020 states “tents which are erected for a period of time which does not exceed seven
days, which are erected on private property shall be exempt from obtaining a temporary permit.” Ms.
Phelan stated this is public amenity space which is not to be enclosed. Mr. True stated he is not sure how
many of the other 27 properties are public amenity space. If they have public amenity space they may
need the permit if they don’t they may not. This one does. Zero, seven or ten days is up to you. You
certainly can deny this application.
The motion on the table is to allow ten days with the additional conditions the Mayor outlined.
Voice Vote all in favor: Councilmembers Daily, Mullins, Mayor Skadron. Nay: Councilmembers Frisch
and Myrin. Councilwoman Mullins stated it better come down the fourth.
Councilman Frisch moved to adjourn at 7:27 p.m.; seconded by Councilman Daily. All in favor, motion
carried.
Linda Manning, City Clerk