HomeMy WebLinkAboutminutes.council.20160523Regular Meeting Aspen City Council May 23, 2016
1
SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2
CITIZEN COMMENTS ............................................................................................................................... 2
COUNCILMEMBERS COMMENTS .......................................................................................................... 2
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #54, Series of 2016 – Contract to replace ARC Cardio Equipment ................................... 3
Resolution #71, Series of 2016 – Purchase Contract for new GIS Data Layer of Geo-Rectified Plats 3
Resolution #70, series of 2016 – Truscott Site Improvement Project Storm filter Change Order ........ 3
Resolution #69, Series of 2016 – MW Golden Construction Contract Aspen Country INN
Renovation .................................................................................................................................................... 3
Resolution #68, Series of 2016 – 360 Lake Stormwater Improvement Construction Agreement ........ 3
Councilman Frisch moved to adopt the Consent Calendar; seconded by Councilman Daily. All in favor,
motion carried. .............................................................................................................................................. 3
NOTICE OF CALL UP – Notice of HPC approval of Conceptual Major Development, Relocation and
Variations review for 541 Race Alley, HPC Resolution #12, Series of 2016 ............................................... 3
ORDINANCE #12, SERIES OF 2016 – Smuggler Park Subdivision – Minor Amendment to Planned
Development Project Review........................................................................................................................ 4
ORDINANCE #13, SERIES OF 2016 - Little Nell Planned Development and Subdivision Amendment .. 5
ORDINANCE #14, SERIES OF 2016 – 534 E. Cooper Avenue ................................................................. 5
ORDINANCE #11, SERIES OF 2016 – 540 E Main St (Police Station) Planned Development – Project
Review .......................................................................................................................................................... 6
CALL UP – 540 E Main St (Police Station) ............................................................................................... 11
RESOLUTION #72, SERIES OF 2016 – ACES Fee Waiver Request ....................................................... 11
Regular Meeting Aspen City Council May 23, 2016
2
At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Daily, Frisch,
Myrin and Mullins present.
SCHEDULED PUBLIC APPEARANCES
Brian Stevens introduced Seth Mager the City’s newest police officer. He served four years in the
Marines then10 years in the Army. He joined the Air Force when he left the Army. He is married and
has two daughters. Mayor Skadron swore in Seth.
Amy Simon, community development, and Gretchen Greenwood, HPC, presented the Historic
Preservation Awards. Awards were presented to 514 E Hyman Avenue, Ajax holdings LLC - ownership,
construction management – Gateway Management Company, Architects, Mosaic Architects + Interiors
and CCY Architects - general contractor – PCL Construction Services INC. The second award was
presented to the project at 521 E Hyman Avenue, development team – Aspen Core Ventures, design and
planning team – Ike Kligerman Barkley Architects, Rybak Architecture, land planner - Stan Clauson
Associates - structural engineer – Albright and Associates, construction team – Harriman Construction,
Mason – Two Rivers Masonry, CMU Finish Restoration, Hays Painting. The next award is for 206 Lake
Avenue. Owner’s Rep – Project Resource Company LLC, Architect – McAlpine Tankersley
Architecture, General Contractor – Aspen Constructors Inc., Structural Engineer – KL&A Inc, Landscape
Architect – elements, Interior Designer – Waldo’s Designs, Inc,. The final award goes to Bill Daily of
Bill Daily House Movers.
Steve Casey, Holy Cross Energy, introduced the community enhancement fund. There are seven
identified programs that the funds can be used for. They have now contributed 1.2 million dollars to the
City of Aspen in 15 years. The current check is just over 86,000 dollars. The fund balance is 173,000
dollars. June 9th at 4:30 Holy Cross members are invited to the 77th meeting of its members at the
Carbondale Orchard.
CITIZEN COMMENTS
1. Peter Fornell said a few weeks ago his comments were about the goals during the moratorium
period for the uses in the CC and C1. He read last week about disallowing free market residential
in the SCI. All though he thinks it is a good idea disincentivizing uses we don’t want are not
going to create those we do want. The issue still remains of how are we going to get developers
to build the uses we want to see happen in those zone districts. The reason we have all the
residential we have in the commercial zones is the exactions have been so much less and it is
even worse now. Until we decide to back off on the quantity of affordable housing mitigation
commercial developers are forced to manage we are not going to see the commercial uses that are
our goal to create. We need to make sure we are incentivizing the uses we want.
COUNCILMEMBERS COMMENTS
Councilwoman Mullins said the library addition looks great it is quite a transformation. They have great
outdoor spaces and the children’s area is terrific. There are lots of meeting rooms.
Councilman Myrin said in past years the city has reimburse the taxi for service to keep transit running for
the upcoming holiday weekend for extended hours. Randy Ready, city manager, said we have are
continuing the taxi service from midnight until two am. People go to Rubey Park as usual. The bus
Regular Meeting Aspen City Council May 23, 2016
3
service will stop at midnight but the taxi will take anyone along the bus route from midnight till two on
Friday and Saturday night.
Mayor Skadron gave a big thank you to Karen Teige for ride the pass. It is all about maintaining the
ecology and beauty of the pass. If you garden, the City of Aspen, Pitkin County and ACES are hosting
the first ever Aspen area vegetable garden competition. Gardeners who plant at least one quarter of their
cultivated landscaping with vegetables and herbs are eligible to enter. For more information go to
aspenareagardentour.com. Aug 5th is a free garden tour.
BOARD REPORTS
Councilwoman Mullins said things are looking great at the Red Brick. There are exciting exhibits and
lots of classes. The resident artist program has been reworked. The Plein Air Festival is August 7th
through 14th and they are looking for housing for up to 20 artists. If you are interested in hosting an artist
talk to Angie at the Red Brick. RAFTA gave an update on the integrated transit plan and discussed the
Maroon Creek service fares and the Glenwood bridge. The Board of Health met and the Keystone Policy
Center is finalizing its in depth analysis of the structure and function of public health in Pitkin County.
They received an update on the zika virus and a mumps outbreak. Ruedi water and power authority also
met and discussed the summer programs. They produce the Crystal River visitors guide and it is great.
CONSENT CALENDAR
Resolution 68 – 360 Lake Stormwater Improvement
Councilman Frisch said it is fairly rare there is a drain point on a private property. Do we know of any
other points in town. Jack Danneberg, engineering, said we don’t know of others in town. We are lucky
to be working with an owner that supports the property.
Resolution #54, Series of 2016 – Contract to replace ARC Cardio Equipment
Resolution #71, Series of 2016 – Purchase Contract for new GIS Data Layer of Geo-Rectified
Plats
Resolution #70, series of 2016 – Truscott Site Improvement Project Storm filter Change Order
Resolution #69, Series of 2016 – MW Golden Construction Contract Aspen Country INN
Renovation
Resolution #68, Series of 2016 – 360 Lake Stormwater Improvement Construction Agreement
Councilman Frisch moved to adopt the Consent Calendar; seconded by Councilman Daily. All in favor,
motion carried.
NOTICE OF CALL UP – Notice of HPC approval of Conceptual Major Development, Relocation and
Variations review for 541 Race Alley, HPC Resolution #12, Series of 2016
Mayor Skadron recused himself.
Amy Simon, community development, told the Council this property is part of the Fox Crossing
subdivision. There are two properties that have historic designation. There are two 1964 log cabins and a
Victorian era structure. The ownership has changed hands a few times. Each owner has sold some TDRs
to the point that there are no development rights left beyond what is left to cover the log cabins. The
proposal is to link the two cabins together with a small connector to make the building function as a
single family home. There is also a basement and garage proposed. HPC approved relocating the
structures to site them next to each other, a 500 foot floor area bonus for excellent preservation effort, and
Regular Meeting Aspen City Council May 23, 2016
4
set back variances. HPC approved the project by a 4 to 0 vote. Staff recommends supporting the HPC
decision. Two board members had to recuse themselves due to living in the neighborhood, one worked
on the project and one was absent.
Councilwoman Mullins stated she supports the decision.
Councilman Daily said he wants to be sure there are no conflicts for removing the development rights
then asking for more. Ms. Simon said they have this conversation each time people ask for TDRs. The
bonus has to be earned and HPC has high standards for it. It did not take away their opportunity to ask
for the bonus.
Councilman Myrin asked about the set back issue. Ms. Simon said the alternative would be to stack or
offset in a way not meant to be. HPC though it was a better choice.
Councilman Frisch said it will not be called up.
ORDINANCE #12, SERIES OF 2016 – Smuggler Park Subdivision – Minor Amendment to Planned
Development Project Review
Justin Barker, community development, said this started off as four parcels and is now down to three.
There are 87 home lots and it is zoned as R3. There have been several amendments since 1982. None of
the amendments have been incorporated in the PD. The applicant is proposing to restate the planned
development agreement to incorporate all of the amendments and is also requesting Council approval for
several amendments that are more focused on design aspects and dimensional requirements. They are
asking to exempt four of the residential design standard requirements, to align the parking requirement
with the code, setback and height requirements and exceptions, allow ADUs as a permitted use and an
increase in the allowed floor area. They are also asking for amendments for the R3 zone district. The
applicant is also requesting a fee waiver for the planning application fee. Staff recommends approval and
to schedule the second reading for June 27th.
Councilman Myrin asked to have the concerns about the roof top access addressed at second reading. He
also asked for more information about the PD amendment versus a change to the R3 zoning. He said his
preference is a change to the zone.
Councilwoman Mullins asked for clarifications to the garage dimensions and asked for one of
conforming. She also asked for more explanation in the R3 zone in regards to holistic versus piecemeal.
For the fee waiver she would like more explanation on the justification.
Councilman Frisch asked how does this fit in to the moratorium and will this distract us from the big
picture.
Councilman Frisch moved to read Ordinance #12, Series of 2016; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE NO. 12
(SERIES OF 2016)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING MINOR PLANNED
DEVELOPMENT AMENDMENT APPROVAL FOR THE SMUGGLER PARK SUBDIVISION
Councilman Frisch moved to adopt Ordinance #12, Series of 2016 on first reading; seconded by
Councilwoman Mullins. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Myrin, yes; Daily,
yes; Mayor Skadron, yes. Motion carried.
Regular Meeting Aspen City Council May 23, 2016
5
ORDINANCE #13, SERIES OF 2016 - Little Nell Planned Development and Subdivision Amendment
Hillary Seminick, community development, told the Council this is located within the commercial core
and conservation zone districts and includes the Little Nell hotel, Ajax Tavern and much of Gondola
Plaza. The applicant is proposing a 243 square feet solarium addition to the existing ski concierge space
at the Little Nell hotel. The reviews include an amendment to the existing commercial design approvals,
growth management review for a minor expansion of a lodge and a minor amendment to a planned
development project review. Currently there is a maximum floor area of 83,265 square feet. An addition
of 243 would increase the allowed floor area by .43 percent. This would increase the existing concierge
area to 681 square feet. Staff is supportive of the modest addition but has some concerns regarding the
design and recommends a restudy of the addition to more closely match the existing exterior of the Little
Nell.
Councilman Frisch asked if Staff is looking for smaller windows. Ms. Semnick replied something that
matches the current fenestration.
Councilman Myrin asked if Council will see the recommendations at second reading. Ms. Semnick stated
the applicant will need to provide that. Councilman Frisch asked will it still need Council approval. Ms.
Semnick said it is a consolidated review and Council will see it at second reading. Councilman Myrin
said he would like potential solutions that meet Staff’s recommendations at second reading.
Councilwoman Mullins said she supports the requests for restudy. It looks a little dated already. She
would like more discussion about the orientation, the sun shadow study and will it be a usable space. On
page 481 there is a photo that says the spa solarium and she is not sure what it is representing.
Councilman Daily said he supports both of Staff’s recommendations. He agrees we should take a closer
look at the solarium.
Mayor Skadron said he concurs with Staff.
Councilman Frisch moved to read Ordinance #13, Series of 2016; seconded by Councilman Daily. All in
favor, motion carried.
ORDINANCE NO. 13
(SERIES OF 2016)
A ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO A
COMMERCIAL DESIGN APPROVAL, PROJECT REVIEW – MINOR AMENDMENT TO A
PLANNED DEVELOPMENT, AND GMQS – MINOR EXPANSION TO A COMMERCIAL, LODGE,
OR MIXED-USE DEVELOPMENT APPROVAL, FOR THE PROPERTY LEGALLY DESCRIBED AS
LOT 1 FIRST AMENDED LITTLE NELL SUBDIVISION, COMMONLY KNOWN AS 675 E.
DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Councilman Frisch moved to adopt Ordinance #13, Series of 2016 on first reading; seconded by
Councilman Daily. Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Daily, yes; Mullins, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #14, SERIES OF 2016 – 534 E. Cooper Avenue
Sara Nadolny, community development, stated this building is located at the corner of East Cooper and
South Hunter and known as the Boogies building. HPC reviewed and approved conceptual commercial
design. It was approved for redevelopment in 2014 with plans to expand the commercial space,
reconfigure the onsite affordable housing unit and to add a third story with a free market unit. The current
owner wants to maintain the building at two stories and expand the commercial floor area. The applicant
is seeking approval to vacate the subdivision plat and agreement. For growth management allotments
associated with the proposed 3,479 increase in commercial space to use certificates of affordable housing
Regular Meeting Aspen City Council May 23, 2016
6
credit to mitigate for the associated increase in commercial floor area which comes out to 7.68 FTEs.
They are also looking to remove the deed restricted designation. Staff supports the application. It is
appropriate to vacate the subdivision with the removal of the affordable housing unit. The deed
restriction may be lifted by Council. Second reading is scheduled for June 6th.
Councilman Daily asked what happened to the third floor. Sunny Vann, representing the owner, said the
new owner is looking at a completely commercial building. It has been modified for a structure that is
completely compliant with the code. Councilman Daily said he appreciates the change.
Councilman Myrin said it is very strange to have something that meets the code.
Councilman Frisch asked if the affordable housing unit is occupied now. Mr. Vann said he is not sure if
it is now but it had been by employees of Boogies.
Councilman Frisch moved to read Ordinance #14, Series of 2016; seconded by Councilman Daily. All in
favor, motion carried.
ORDINANCE NO. 14
(SERIES OF 2016)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A REQUEST FOR THE
VACATION OF AN APPROVED PLAT AND SUBDIVISION AGREEMENT, REMOVAL OF
AFFORDABLE HOUSING DESIGNATION, GROWTH MANAGEMENT ALLOTMENTS FOR
COMMERCIAL EXPANSION, AND ACCEPTANCE OF AFFORDABLE HOUSING CREDITS AS
MITIGATION FOR THE EXPANSION OF COMMERCIAL DEVELOPMENT AT 537 E. COOPER
AVE., LEGALLY DESCRIBED AS THE EASTERLY 2 ½ FEET OF LOT Q, AND ALL OF LOTS R
AND S, BLOCK 95, CITY AND TOWNSITE OF ASPEN, COLORADO
Councilwoman Mullins moved to adopt Ordinance #14, Series of 2016 on first reading; seconded by
Councilman Daily. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Daily, yes; Myrin, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #11, SERIES OF 2016 – 540 E Main St (Police Station) Planned Development – Project
Review
Jennifer Phelan, community development, stated the request is to redevelop 540 E Main Street with a
police station and affordable housing units. The property is zoned public which requires the proposal to
be approved through a planned development process. Council will be reviewing the project through an
essential public facility review. Council went on a site visit May 10th to look at the historic resource.
Notice has been provided as required. It is a 26,440 square foot site that fronts Main Street and is
designated historic with five buildings. When the project was first reviewed by HPC there were two
plans proposed, one with the three resources on site and one with relocation to Holden Marolt. Over three
public hearings the HPC finally recommended approval of the site plan with a partially subgrade garage
level for police, a two story building for the police station and an affordable housing building to be
located behind the police station. The massing has been changed to lower the height and be more on the
ground floor. HPC made the recommendation to move the historic buildings to Holden Marolt with the
support of the Historical Society. Part of the site plan includes the reroute of the trail from Main Street to
Obermeyer Place. The property is zoned public but is adjacent to commercial core, commercial and the
service commercial industrial. The neighborhood also contains a mix of uses including civic, commercial
and residential. The dimensions for the affordable housing and the police is 26,805 square feet of floor
area or a 1 to 1 ratio. The ratio is much lower than the maximum allowed for the surrounding zone
districts. The height of the proposed police building is lower than neighboring structures. The affordable
housing with a small third story is hidden from Main Street and set back from Rio Grand Place. Staff
Regular Meeting Aspen City Council May 23, 2016
7
believes the dimensions are appropriate for the site and the uses meet the core principles of the civic
master plan. In regards to growth management the police station is clearly a civic, important and needed
use. HPC determines the number of employees generated but Council has the final say on the number
that needs to be mitigated. HPC determined that 39 were generated by the police station and the applicant
is requesting to mitigate at 60 percent or 23.4 FTEs to be mitigated. Currently the City has an inventory
of acquired and built affordable housing units that have not been used for mitigation and this project
would also add to that inventory. There is adequate credit to cover the construction of the police station.
As the construction timeline is still being determined the asset department is still working out if the
affordable housing component would occur concurrently or consecutively. Typically the City requires the
certificate of occupancy be issued prior to or at the same time as other components of the project. Staff is
asking Council if issuing the CO for the affordable housing after the CO for the police building would be
ok. Staff feels the project meets the requirements of the planned development and should be approved as
an essential public facility and the mitigation be at 60 percent. The three issues Staff is looking for
direction are the CO issuance timing and parking for Obermeyer place. For the affordable housing units
parking is proposed to be at Obermeyer place. Staff is proposing eight spaces for the affordable housing
be in Obermeyer place. The third issue is to recommend a change in Section 3 of the ordinance to make a
condition if the parking spaces would not be available they would need to be replaced at another location.
Alan Richman along with Jack Wheeler, Jeff Pendarvis, Richard Pryor, Bill Linn, Rob Taylor, Charles
Cunniffe, Scott Smith, Jim Kehoe, Grant Bankston, and Darla Callaway, representing the applicant.
When this was first presented to HPC in February it did not have Staff support. HPC was concerned with
the height, massing and the livability of the affordable housing and the placement of the historic
structures. It was approved 5 to 0 in April by HPC. It is a better project than what was submitted. In
2015 it was rezoned to public from a mix of commercial. The public zone sets the dimensional
requirements through the planned development process. There are three standards to set the dimensions;
there exists a significant goal to be achieve, the dimensions represent a character that is suitable for the
project, and the project is compatible with or enhances the identity of the neighborhood and surrounding
development. This project is the opportunity to achieve several community goals. It allows for onsite
affordable housing close to where city employees work. It will enhance a key pedestrian bike way. It is
an opportunity to bring the historic structures back to life. The project dimensions are well below typical
levels normally seen in the down town area. The floor area proposed is 18,500 square feet for the police
station and 8,300 for the affordable housing or just about one to one. The height is well below the
adjacent buildings on Main Street. For site coverage because of the open space functions the site
coverage is only 40 percent. In terms of neighborhood compatibility the structures are in more of a yard
like setting.
Ms. Callaway spoke about the public courtyard for the police station and the employee courtyard on the
back side. They will impact the Hunter Creek trail connection and it will be reconfigured as part of the
project. There will be a series of raised green planters.
Mr. Cunniffe gave a general overview of the building. The inside of the building is driving the look and
style of the building. It is an open, warm and welcoming structure that is modestly scaled but full of
richness in detail.
Councilman Frisch asked if the affordable housing will be for sale or rental. Mr. Ready replied it will be
available for City of Aspen employees, both rental and for sale.
Councilman Myrin asked about the process steps. Ms. Phelan stated it goes back to HPC for detailed
review. This is mass and scale review.
Regular Meeting Aspen City Council May 23, 2016
8
Mayor Skadron opened the public comment.
1. Clair Wilson asked looking at the plan along the Hunter trail is it significantly retaining walled.
2. Steve Seifert, Obermeyer Pl condo association, said they tried to be supportive of the city’s
efforts to build the police station but are concerned that Obermeyer Place is not being treated
fairly. There are 20 parking spaces in the garage and there is a 40 year lease for those parking
places. The association has been saddled with 100 percent of the expense of those spaces. They
pay 700 dollars per year per space. There is no charge to the city and it is not fair to the owners at
Obermeyer. The city is asking to renegotiate the lease. They are not supporting the need or the
design for the two ramps and the long staircase. It is a poor flow plan. They also oppose the
second entrance out of the garage. They would like to see council help with a solution. They
think it is premature for council to be moving forward with the mass and scale. They should be
working with the neighbors.
3. Jim Smith, representing the Concept 600 HOA, stated they are supportive of the police station
project and the housing component. In 2004 the city wanted the trail installed. It was installed on
C600 property. The garage exit will destroy the current trail. They have been working with the
city to find a configuration that will work knowing it will still have to access some of the C600
property. They are looking forward to the project and the upcoming police response time.
Councilman Daily asked his opinion on the second exit. Mr. Smith said they discussed it with the
police and they have come to a use agreement. As long as they stick to that they are fine with it.
4. Jerome Simecek, Obermeyer place, said 46.6 feet for the affordable housing seems high. In
regards to alley, Obermeyer also has a significant number of bedrooms along the alley. They
have been working with the police on an alley use agreement.
5. Roger Moyer, owner of Aspen painting, said the city does not pay Obermeyer for parking. The
elevator tower is pretty awful. Why not break it up and make it better.
6. Bridgett Wilinski, Aspen Medical Care, said they are supportive of the majority of what is
planned. Their objection is to the second exit. They are concerned that the construction will
make access to the office harder.
7. Andy Docken, Obermeyer resident, said he sleeps on the alley. Cars on the alley are noisier
enough and he is concerned with the additional traffic.
Mayor Skadron closed the public comment.
Mayor Skadron said the primary objections are to the second exit, elevator fenestration, concern about the
46 foot affordable housing height of the back wall, the question about the retaining wall, and a comment
on the outreach.
Mr. Wheeler said planning was concerned with parking being in perpetuity. We wanted a conversation
with how to make the lease do that. There is no way to do that unless it is a sale of property. There is a
reciprocal lease agreement where they got encroachment and right of way easements and we got 20
parking spaces. We have been in dialogue with them for the past year. We just got what they thought the
value of the parking spaces is in the past week.
Councilman Daily said the issues concerned with the most is the alley that has been a dead end and now
the proposal is it be opened up for their use. He would seek very tight restraints on the alley and the
secondary access. It should be tight and very narrowly construed to allow the use of the alley in only very
unusual circumstances. It has a real impact on a lot of residents who bought their homes a long time ago.
Councilman Frisch said there is a focus on the second entry. The police have been very humble for what
they have asked for. He stated he didn’t know about the parking issue and he doesn’t have a problem
talking about it in the future.
Regular Meeting Aspen City Council May 23, 2016
9
Councilman Myrin said he would like to see the parking go in perpetuity. He is not certain about the
massing. The height is something the city is trying to reduce.
Mr. Cunniffe said it is a public safety building. There are residential units on alleys all over town. It
would be a terrible precedent to privatize the alley.
Mr. Pryor said he did not want cars around the department. He wants a community feel. The vehicles
have to go somewhere else. He hears the concerns of the neighbors and takes them seriously. He wants a
clause in the agreement that allows for some change. He is not sure how the building will work. This is
about the jail and sheriff departments as well. It is unacceptable to have only one access to the jail. His
hope and intent is we use it as little as possible. Currently we rarely use sirens in town now.
Councilman Daily said Richard’s concerns are the same as mine. That is what the agreement he is
negotiating will say. Mr. Pryor said we can plan ahead for special events and make sure our vehicles are
out ahead of them.
Ms. Callaway said on the retaining wall there will be a series of handrails. They are not proposing raising
the retaining walls up to make the transitions. Mayor Skadron said it will be a minimal approach to the
design that facilitates the pedestrian path.
Mr. Richman said the fenestration on the elevator is a good idea. The 46.6 height is because of the way
the city measures the height.
Mr. Wheeler said over the past three years there have been over 40 public outreach scenarios.
Mr. Taylor said they are working on the draft construction management plan now. They will need to
install safety lights and noise barriers. They will need to keep a temporary trail access for as long as
possible until it is unsafe.
Councilman Myrin said it is a good project. He would like to see this built and move forward. He does
not think it is ready tonight. It would be ok to continue this for one more meeting. The affordable
housing has 30 employees generated and mitigating at 60 percent. We have a bank and are building eight
units. There is a question of the sequencing of the CO. Is it possible to use the existing number and draw
down. Ms. Phelan said typically the onsite is done prior to or at the same time but there is a bank
available. Councilman Myrin asked if we could take from the bank. He would be comfortable with that.
He is not comfortable with the 60 percent because housing is so difficult to find and it is getting harder
and harder. He would be more comfortable to mitigate at a higher amount. The second issue is the
parking. He would like to see that resolved in perpetuity. The FAR is reasonable for the site. The height
is tucked against the county building. It will be fairly massive from the Rio Grand side. The alley use, he
supports the city using it. It is a public alley and always has been. He would like to know how many
truckloads of earth will be removed during construction.
Councilman Frisch said overall it is a really good site plan and building. He does not doubt the police
need the second access. He appreciates the work on the grade changes but he hopes some landscaping
can be used to soften up the walls. The solution for moving the historic buildings is creative and good.
Regular Meeting Aspen City Council May 23, 2016
10
He appreciate the follow up discussion on the parking issue. He knows we will not be treated any
differently with the construction management plan.
Councilwoman Mullins said on the parking she thinks it should be revisited at some point. She is happy
we can look at the elevator. With more detail we can make the garage door a bit more palatable. She was
convinced a long time ago that there needs to be two egresses out of the garage. She would like to see a
very strict agreement with strong restrictions on the use of the alley. In terms of the CO issuance it is
reasonable they can be at different times. 60 percent mitigation is acceptable. She is in support of the
project as presented. It has been well vetted. It is responsive to public comment and the police needs.
The solution for historic resources is great and innovative. It is a good addition to Main Street and well
innovative to the neighbors. It is welcoming and friendly.
Mayor Skadron said it is built conservatively and accomplishes a number of community goals. It is
developed with less density than the surrounding buildings. He appreciates the site coverage and what
has not been built. It has a strong sense of its surroundings. It is open, warm and welcoming. He
appreciates most that it has appropriate sensitivity and does not mimic the historic structures. There is
attention to great detail. He believes public safety needs to be incorporated into the development mix at
every degree. He cannot make a judgement against the second exit. He does want an appropriate degree
of confidence that the quality of life issues of the neighbors are addressed.
Councilman Myrin said he would like a continuation.
Ms. Garrow suggested to add a condition to Section 2 about additional reviews with HPC and during the
review the retaining wall will be minimized to the extent possible and as part of the reviews the applicant
will ensure the materials and landscaping will minimize the perceived scale of the alley elevation.
Parking will be eight spaces and the City is committing to providing eight spaces in perpetuity if they are
not in Obermeyer they will continue to be provided in another location.
Councilwoman Mullins said the things we are talking about cannot get resolved until the project is much
further along. If we can approve this tonight with conditions including the alley restrictions and a work
session before final HPC that would be the way to go.
Mayor Skadron confirmed the work session with public comment. Ms. Quinn stated Council has had
work sessions with public comment in the past. Councilman Myrin said they could change the elevator to
match what has been suggested tonight if it has not been changed by then. Councilman Myrin said it
makes him feel more comfortable approving it tonight.
Mayor Skadron reviewed the conditions as the retaining wall be minimized, materials and landscape be
worked to minimize the perceived scale from the alley perspective, the City commit the eight parking
spaces in perpetuity, alley access is carefully circumscribed to be used only when necessary within
appropriate concerns as expressed by Chief Pryor with enough flexibility to ensure public safety, this
return at a work session prior to final at HPC with allowance for public comment.
Councilwoman Mullins moved to adopt Ordinance #11, Series of 2016 with conditions; seconded by
Councilman Daily.
Councilman Myrin stated he will support this but is concerned about mitigating at 60 percent.
Regular Meeting Aspen City Council May 23, 2016
11
Roll call vote. Councilmembers Daily, yes; Myrin, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes.
Motion carried.
CALL UP – 540 E Main St (Police Station)
Councilwoman Mullins moved to accept the HPC decision; seconded by Councilman Daily. All in favor,
motion carried.
RESOLUTION #72, SERIES OF 2016 – ACES Fee Waiver Request
Ms. Garrow sated this request is from ACES for a fee waiver for planning and building review fees for a
potential upgrade for a viewing platform. Staff is not recommending in favor of the request. The review
is at the sole discretion of City Council. The request is to waive fees related to a stream margin review. It
is required for all development that is located next to the river within the flood plane. The fees are
estimated to be 7,150 dollars. The applicant is also requesting a waiver of the building permit fees of
1,810 dollars. There are many non-profits in the community that do important and exceptional work.
These fees are established to ensure that all development pays its way. Staff is not recommending in
favor of the request.
Chris Lane from ACES said they are trying to take a platform that has been there since 1983 of the stair
and deck that overlook the river and make it safer. It’s been a community project with a lot of the work
and materials being donated.
Councilman Myrin asked if non-profits have gone through the grant review process for this. Ms. Garrow
replied she is not sure. Mr. Lane said ACES was granted a recent fee waiver for a deck. Councilman
Myrin said he is supportive of the Staff recommendation to keep things consistent and would support an
application through the grant review application so it is a fair review process for everyone.
Councilwoman Mullins said she would like to grant the waiver specifically for the work ACES does. She
said it is a mistake to do these one offs and approve these without some kind of guidelines and framework
for how we handle non-profits.
Councilman Frisch said he would like to see a non-profit discount so we don’t have to see these. He
agrees it is crazy that the non-profits are asked to pay the same as the private developers. We can afford it
but there is an equity standpoint that we need to honor everyone. He would prefer to stay away from
doing this for ACES as much as he loves them.
Councilman Daily said he deeply admires ACES but respect Staffs position. He is prepared to split the
costs on this application and work on a better standard.
Mayor Skadron said it is a simple request that is really hard for Council. Generally he is on the camp to
not waive fees. Councilman Daily has suggested a partial waiver. Councilman Myrin said he will
support Councilman’s Frisch’s position of looking at this for the fall budget process.
Councilman Frisch said it is a bigger process. Ms. Garrow said we need to look back 5 to 10 years at the
non-profits that have applied but will take some effort. Councilwoman Mullins said she will support it
with some level that is feasible. Councilman Frisch said he will support it at 50 percent up to 5,000
dollars. Councilman Myrin said he is not willing to legislate on the fly. This is not the process to
consider this. Mayor Skadron said he agrees with Councilman Myrin.
Regular Meeting Aspen City Council May 23, 2016
12
Councilman Myrin moved to adopt Resolution #72, Series of 2016; Councilman Daily moved to amend
the Resolution to waive the fees at 50 percent; seconded by Councilwoman Mullins. Councilman Frisch
said he will support that in that hopes that it does not open up the flood gates. He is happy to instill that
for the non-profit fees with a maximum of no more than 5,000 dollars can be waived.
Ms. Garrow said Section 1 will read 50 percent of the planning and building fees not to exceed 5,000
dollars.
All in favor except Councilman Myrin and Mayor Skadron. Motion carried.
Ms. Quinn stated staff recommend executive session pursuant to CRS 24.6.402 4 a,b,e to discuss the lease
for the old power house.
Councilwoman Mullins moved to go in to executive session; seconded by Councilman Daily. All in
favor, motion carried. Councilman Myrin recused himself.
At 11:00 p.m. Councilman Frisch moved to come out of executive session; seconded by Councilman
Daily. All in favor, motion carried.
At 11:00 p.m. Councilman Daily moved to adjourn; seconded by Councilwoman Mullins. All in favor,
motion carried.
Linda Manning, City Clerk