HomeMy WebLinkAboutminutes.council.20160606Regular Meeting Aspen City Council June 6, 2016
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SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2
CITIZEN COMMENTS ............................................................................................................................... 2
COUNCILMEMBERS COMMENTS .......................................................................................................... 2
BOARD REPORTS ...................................................................................................................................... 2
CONSENT CALENDAR ............................................................................................................................. 2
Resolution #77, Series of 2016 – Contract for Annual Citizen Survey ................................................ 3
Minutes – May 9 and 23, 2016 ............................................................................................................. 3
Resolution #82, Series of 2016 – Aspen Recreation Center Floor Retro Plate Contract ...................... 3
Resolution #80, Series of 2016 – Uphill Economic Development Plan ............................................... 3
Resolution #76, Series of 2016 – Aspen Ice Garden Window Replacement ........................................ 3
Resolution #79, Series of 2016 – Parks Department Office Building Exterior Repairs ....................... 3
Resolution #63, Series of 2016 – OfficeScapes furniture contract for the Mill St annex – tenant finish
for Building and Engineering Departments .................................................................................................. 3
Resolution #78, Series of 2016 – Development Inspection Services – Contract for Professional
Services ......................................................................................................................................................... 3
Resolution #73, Series of 2016 – Opposing Federal Lands Transfer.................................................... 3
Resolution #74, Series of 2016 – Purchase of Three Replacement Transit Buses ................................ 3
Resolution #81, Series of 2016 – Water Supply Availability Study 2016 Update ............................... 3
Resolution #75, Series of 2016 – Cozy Point Irrigation Pump System ................................................ 3
Resolution #84, Series of 2016 – Upper Roaring Fork River Management Plan – Contract for
Professional Services .................................................................................................................................... 3
Councilwoman Mullins moved to adopt the Consent Calendar minus Resolution #73; seconded by
Councilman Frisch. All in favor, motion carried. ........................................................................................ 3
ORDINANCE #15, SERIES OF 2016 500 W. Hopkins Ave (Boomerang Lodge), Planned Development
Amendment ................................................................................................................................................... 3
RESOLUTION #83, SERIES OF 2016 – Policy Resolution – Limiting Free-Market Residential in the NC
and SCI zone districts ................................................................................................................................... 5
ORDINANCE #14, SERIES OF 2016 – 534 E. Cooper Ave ....................................................................... 7
Regular Meeting Aspen City Council June 6, 2016
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin, Mullins,
Frisch and Daily present.
SCHEDULED PUBLIC APPEARANCES
Sun Safety Month Proclamation – Mayor Skadron read the proclamation and Jannette Whitcomb from the
environmental health department accepted it.
CITIZEN COMMENTS
1. Ashley Pearl and Cindy Houben said they are working with ACES to host the first ever Aspen
area vegetable garden tour. They are asking the community to plant vegetables and herbs along
with flowers. August 5th they will host a tour. Goodie bags are available at the environmental
health office. Go to aspenareagardentour.com. They are looking for creativity.
2. John Wilkinson, president of the library board of directors, thanked the city for allowing the
library to operate in the powerhouse. They have now shut down that part of library and are
moving back into the library. They will be opening on June 19th at 2pm. They are close to
meeting the fund raising goal. They have raised 14.3 million dollars at no tax payer costs.
3. Peter Greeney asked on the uphill, he is wondering if the scope can be broadened to look at
multiple engines to diversify the economy. We know this is a big opportunity and he wants to
broaden the scope to attract those businesses. How many jobs are we expecting this to produce,
what will they pay and will they require affordable housing. On the busses, two of the three are
covered with grant money. His concern is we are buying diesel and the last lasted 15 years. Will
these be obsolete in 15 years. Paying 463,000 for a diesel bus doesn’t make a lot of sense.
COUNCILMEMBERS COMMENTS
Councilman Frisch wished everyone a happy summer. He will be gone the last couple weeks of June.
Mayor Skadron encouraged everyone to go to the app store and download the downtowner app. It will
allow you to access the free jitney app. It starts June 15th. We have started the drive less campaign as an
attempt to address the crush of traffic in down town. Since the first week 152 people have signed up and
will receive free bike tune ups, RFTA value cards or a we-cycle pass. We are still participating in the
Aspen energy challenge 5 million dollar prize. We are still in second place behind Huntsville Alabama.
He congratulated the library on the June 19th opening at 2pm. He is leaving Wednesday for Hong Kong
to share our story of 100 percent renewable energy.
BOARD REPORTS
Councilman Myrin said we are putting a plan together to work on CO2 reduction. Burlingame free
market homes will be powered by renewable sources.
CONSENT CALENDAR
Reso 74 bus purchase
John Krueger, transportation, said we received grants for two. We asked for three but only got grants for
two. Are we locked in to the technology, no we can always change our mind. It is important we replace
these three busses right now. In 2018 and 2019 we have the opportunity to replace four hybrid diesel
busses. The best technology right now is the diesel. It is the most reliable. The diesel/hybrid have not
lived up to their expectations plus they are loud. There will be opportunities in 2018/2019. We have
Regular Meeting Aspen City Council June 6, 2016
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been talking to an electric bus manufactures but they are 700-800,000 dollars each plus 300,000 for the
charging stations and there are range capabilities. Right now we need to get these busses replaced. It is
our view and RFTAs view this is the best alternative.
Councilman Myrin asked if the grant is for those specific busses. If Council wanted to change we would
have to start all over. Mr. Krueger replied we can’t change. In 2018/19 that is something we could look
at. Councilman Myrin said the end result of the grant money is 50%. If we were to resell does that help?
Mr. Krueger said there is not much left to get a resell after 15 years.
Councilman Frisch said he supports what is being asked for. He think it would be helpful how to know
how RFTA makes the hierarchy of busses.
Resolution 77 – citizen survey
Councilwoman Mullins asked why are we only surveying 1770 citizens.
Karen Harrington, manager’s office, said historically response rates have been higher than they are now.
Rates have been declining. We are trying to get as close to 400 responses as possible. The last couple of
years we have bumped up the number of surveys.
Councilman Frisch, said a lot of people have reached out to me and asked why we are not emailing the
surveys. It is public record where people live. We do not have everyone’s email. I do think if we can
email these we would get a higher response rate.
Resolution #73 – Opposing Federal Lands Transfer
Councilman Frisch suggesting pulling Resolution #73 from the consent calendar for more information.
Resolution #77, Series of 2016 – Contract for Annual Citizen Survey
Minutes – May 9 and 23, 2016
Resolution #82, Series of 2016 – Aspen Recreation Center Floor Retro Plate Contract
Resolution #80, Series of 2016 – Uphill Economic Development Plan
Resolution #76, Series of 2016 – Aspen Ice Garden Window Replacement
Resolution #79, Series of 2016 – Parks Department Office Building Exterior Repairs
Resolution #63, Series of 2016 – OfficeScapes furniture contract for the Mill St annex – tenant
finish for Building and Engineering Departments
Resolution #78, Series of 2016 – Development Inspection Services – Contract for Professional
Services
Resolution #73, Series of 2016 – Opposing Federal Lands Transfer
Resolution #74, Series of 2016 – Purchase of Three Replacement Transit Buses
Resolution #81, Series of 2016 – Water Supply Availability Study 2016 Update
Resolution #75, Series of 2016 – Cozy Point Irrigation Pump System
Resolution #84, Series of 2016 – Upper Roaring Fork River Management Plan – Contract for
Professional Services
Councilwoman Mullins moved to adopt the Consent Calendar minus Resolution #73; seconded by
Councilman Frisch. All in favor, motion carried.
ORDINANCE #15, SERIES OF 2016 500 W. Hopkins Ave (Boomerang Lodge), Planned Development
Amendment
Jennifer Phelan, community development, told the Council this is a minor amendment to the planned
development. It was approved in 2006 for the redevelopment of the lot with 47 lodge keys, five free
market units and two affordable housing units. It was approved via ordinance 26 in 2006. That ordinance
outlined the dimensions of the project. During the public hearing there were architectural plans and
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elevations showing the project to Council. The plans and elevations were recorded with the ordinance
and those make up the entitlement documents associated with the project. In 2007 a building permit was
submitted. Part of the property was demolished and a building permit was ready for issuance but never
issued. During the recession the applicant came back with a different application to turn this in to
affordable housing. It went through the entitlement process but was never acted upon. In 2015 the
applicant submitted a building permit to develop the original 2006 lodge. During the building permit
review Staff has seen that the numbers in the ordinance don’t reconcile with the drawings that were
approved in 2006. There are two areas that are problematic. The calculation for subgrade floor area was
missed in the 2006 approval documents and there are areas of decks and balconies that are over what are
permitted by code. This request is to reconcile these two areas of the project by changing some of the
numbers in the ordinance. Staff is recommending approval on first reading with second reading on July
11.
Councilman Daily stated he supports the proposal.
Councilman Frisch said putting aside the subgrade balcony issue it would be helpful to explain where we
are and the path forward. Ms. Phelan said there is a building permit submitted but the numbers are
slightly different. Councilman Frisch asked if the difference was not there we would not be talking about
this. Ms. Phelan replied correct.
Councilman Myrin asked is there the ability to have two approvals at the same time. Ms. Phelan said you
can’t have two approvals at the same time. There is a provision in the ordinance that said they needed to
record these documents within a certain time or the lodge documents would become null and void. They
had a timeline to determine which approval they wanted. This was recorded and there was an extension
of vested rights. They submitted the building permit in the proper timeframe. Councilman Myrin said he
would like more history on the difference in the square footage and how it came about.
Councilwoman Mullins asked for some elaboration on what non-unit space is. Ms. Phelan said generally
common areas. Councilwoman Mullins asked why is it still 1,300 square foot more than allowable. She
asked for some explanation on the balconies and why they are 4,500 square feet more than allowable.
She asked for the way the building relates to the historic resource as well.
Mayor Skadron said his questions are similar as to why in excess of allowed and the history.
Councilman Frisch moved to read Ordinance #15, Series of 2016; seconded by Councilman Daily. All in
favor, motion carried.
ORDINANCE NO. 15
(SERIES OF 2016)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING
A PLANNED DEVELOPMENT AMENDMENT TO THE PROPERTY LEGALLY DESCRIBED AS
LOTS K, L, M, N, O, P, Q R, AND S, BLOCK 31, ASPEN TOWNSITE AND COMMONLY KNOWN
AS 500 W. HOPKINS AVE (BOOMERANG LODGE), CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Councilwoman Mullins moved to adopt Ordinance #15, Series of 2016 on first reading; seconded by
Councilman Daily. Roll call vote. Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Myrin, yes;
Mayor Skadron, yes. Motion carried.
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RESOLUTION #83, SERIES OF 2016 – Policy Resolution – Limiting Free-Market Residential in the
NC and SCI zone districts
Jessica Garrow, community development, said this is a policy resolution asking Council should new free
market units in the neighborhood commercial and service commercial industrial zone districts be banned.
Council has a top ten goal that says reconcile the land use code to the Aspen Area Community Plan to
deliver what the AACP promises. In part of implementing that, Council adopted a moratorium in March
to help have a conversation on the many code amendments that are contemplated. This included use mix,
commercial design, view planes, public amenity, parking and mobility. Free market residential is based
on the desire to have a vital commercial mix in downtown. Ms. Garrow discussed the summer outreach
on the other moratorium issues including June 15 pop up workshops, June 16 is design week, as well as
appearances at the Saturday market. The code amendment process includes public outreach, a policy
resolution and public hearing on the ordinance. Currently in the CC and C1 new free market units were
banned in 2012. The intention of the proposed code amendment is to implement the AACP around the
commercial mix. We have seen continued erosion of commercial in areas where free market residential is
in the same building. We want to make sure new development respects the historic pattern of downtown.
As for public outreach to date we have had two work sessions in April and May. The direction we
received from Council was you were interested in banning new free market residential units in NC and
SCI. Explore the possibilities of free market in the mixed use including micro units and the physical
separation requirements. There was also interest to explore occupancy deed restriction in all zones. We
are conducting an open city hall survey. We met with P&Z in April and they generally support the ban.
We asked the same questions in the open city hall survey today as in 2012. The top use is restaurant
today, second is day to day commercial and finally is affordable housing. In 2012 the focus was
restaurant, day to day commercial then tourist use. What to discourage was free market housing, let the
market decide and office. What type of land uses are appropriate, commercial, lodging and affordable
housing. Flat out I believe free market residential should be permitted in 2012 was 69%, in 2016 it was
56%. Staff recommendation is to ban or prohibit new free market residential uses in the NC and SCI
zones. We have concerns regarding the impacts to the commercial mix and the pedestrian experience.
We recommend other items related to residential uses including the commercial mix and resident mix and
micro units. Does Council want to ban new free market from the NC and SCI and if so does Council
want to lift the moratorium in these zones only.
Councilwoman Mullins stated she does not support going ahead with this. It would be a mistake. We are
just beginning the process. We only had the first meetings with the consultant last week. The outreach is
great but only 40 responses does not justify putting together a resolution. It is premature. She probably
will support restricting free market in the NC and SCI in the end, restricting one use does not revitalize a
neighborhood. This is one of the most important things Council has done. If we approach this piece by
piece we will fail. We have the nine month moratorium in place and it gives us a change to step back and
look at all the issues. We need to look at it as an overall effective cohesive product. It is premature and it
would be a mistake to go ahead with this.
Councilman Myrin said Councilwoman Mullins could not have said it better. He may support the first
step once we have more information from the consultants. We have hired people to help with a plan for
the commercial zones. We owe it to the community to help with all the commercial zones. We are
spending a lot of taxpayer money on the consultants and owe it to listen to them. The public outreach
should include Tom Clark and John Haley. We have more public outreach to do. We need to decide if
grocery stores are important to the community. We should also look at the Obermeyer space. This is our
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commercial zone and we need to be very careful about our space. We know there is an application for
affordable housing and commercial use for these zones as well. Before we come out of the moratorium I
would like to take our proposed code and run our numbers by the same people the developers do. We
owe it to the community. He printed out an uber lift article about Walmart testing grocery delivery and
another one about the Mill building. He wants to be careful we don’t end up with an Obermeyer west in
the Mill building. He is right where Councilwoman Mullins is. He would probably ban this but now is
not the time and he would not lift the moratorium.
Councilman Frisch said the focus was on the CC and C1. Early 2016 Staff raised concerns in the MU.
With the NC and SCI I went back and forth. There is very little of it and some is brand new. Are we
trying to solve a problem that might not be there. We decided to bring these in to the moratorium and at
least look at them. There is a certain amount of stuff to get done in the amount of time we have. How
much can we really tackle. I’m going to continue to push the CC and C1 are really important and that
staff can focus on that. I’m worried about trying to tackle too much at once. If this was the last step I
might have some growing hesitation about what Bert and Ann laid out. I think we can go to the third step
knowing this is not a slam dunk. Open city hall doesn’t do it for me. I would like to see this go forward
because I want to get to the meat and have the public come in. I don’t want to ban them. I want to have
the dialogue with the people who have raised the concerns and I don’t see how we get to that. I don’t
want to hold all five zones. We still have view planes, nooks and crannies, 28 feet and the malls. I think
the more things on staffs plate the harder it will be to manage. I don’t see any other things in those two
zones that require a moratorium. Purely based on getting more public feedback I would like to see this
and I would like to release these as soon as possible.
Councilwoman Mullins said while it can be hard to visualize what can go on in those zones. It is not a
whole lot of area and activity. I don’t think staff should be spending time on these areas when they need
to be spending time on the plan as a whole. It is misplaced effort that may not be important to the entire
scheme. Councilman Frisch said the reason I think these zones were brought up first is they were the low
hanging fruit and would be easy to tackle first. If that is not the case then we should start with the CC and
view planes and public amenity space.
Councilman Myrin said we are all on the same page and Council is not divided on the timeline. This
space has both grocery stores in in. The infill zoning reduced the parking to cut them out of business.
We need to have that conversation. North Mill has no public parking until you get to the art museum.
Councilman Frisch asked is it better to have a free market use or build another grocery use. I think it is
the former. Councilman Myrin said the way the code is currently written there was a building proposed in
that parking lot that may have put Clarks out of business. Councilman Frisch said you are more
concerned about releasing the moratorium then the commercialization. Councilman Myrin said we have
more opportunity to plan these correctly then we do in the core. We have a fairly clean slate here.
Councilman Frisch asked what is the possibility of something coming in and not going through the
Council process. Ms. Garrow said if it met the underlying zoning it would go to P&Z and Council at call
up.
Councilman Frisch said he is still supportive of staff’s direction. At some point something has to go first.
Councilman Daily said it is premature to be piecemealed. We have not had an adequate public dialogue.
He would like more of an opportunity to have a conversation on use. He would like a more
comprehensive resolution on uses of what zones should or should not allow. He would lean towards
removing free market in these zones. He does not want to piecemeal at this time.
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Mayor Skadron asked Councilmembers Myrin and Mullins do you envision where free market in these
zones stays as a direction from the consultants. Councilman Myrin replied not necessarily. The problem
is there should be a step to address these problems. Councilwoman Mullins said we hired the consultants
to address these problems and have not heard from them yet. She would like to at least get some weigh in
from the consultants.
Mayor Skadron opened the public comment.
1. Gideon Kaufman said people are very leery of non-conforming. Pretty soon we will be down to
one gas station. He wants to make sure we will not be down to one grocery store. He would hate
to see us eliminate one of our last gathering places in town. It is easy to say you don’t want more
free market but you need to think about the other implications.
2. Peter Greeney encouraged Council not to rush. He is in favor of free market light. Everyone
would like to have affordable housing in the core. People are staying in affordable housing and
we are never catching up. He is not sure the greater good is just creating more affordable
housing. Free market light is a positive movement. Consider alternatives and is there anything in
between to help create movement in the system.
Mayor Skadron closed the public comment. Mayor Skadron said the goal is to ensure the land use code is
aligned with the community aspirations. It is also a quality of life quotient. He said he supports the
direction that gives us the power to shape the community that we want. The direction Councilwoman
Mullins suggested is the one I will support. Councilman Myrin thanked Staff for bringing this forward.
Councilman Frisch moved to adopt Resolution #83, Series of 2016; seconded by Councilman Myrin.
Councilman Frisch in favor, Councilmembers Daily, Myrin, Mullins and Mayor Skadron opposed.
Motion Failed.
ORDINANCE #14, SERIES OF 2016 – 534 E. Cooper Ave
Sara Nadolny, community development, told the Council this will vacate the condominium plat and
subdivision agreement associated with the 2014 approval, remove the deed restriction on the voluntary
affordable housing unit, approve growth management allotments and accept affordable housing credits for
the expansion of commercial space. The applicant has requested a consolidated review by Council. In
2014 the previous owner received approval for a third story with a free market residential unit. The
subdivision agreement and plats were recorded. The new owner has a different concept for the
redevelopment including removal of the third story and free market unit, removal of the onsite affordable
housing unit and the maintenance of a two story building that is 100 percent commercial in use. It will
require the vacation of the subdivision agreement and plat. The onsite affordable housing unit was
voluntary created and deed restricted but never served as mitigation. The deed restriction was put in place
to ensure it was never converted to a free market unit. The applicant is seeking to convert this to
commercial space. The increase in commercial floor area will require mitigation and approval of growth
management allotments. There are adequate allotments available and mitigation equates to 7.68 FTEs.
The applicant is seeking approval for certificates for GM mitigation. The application is supported by
Staff and HPC. It complies will all requirements of the commercial core zone district, eliminates the free
market residential use that is no longer permitted and removes the third floor from the design.
Sunny Vann with Jeff Ross, Gideon Kaufmann and Andy Wiznosky.
Mr. Vann said it will expand the mezzanine and to what was the outdoor dining deck and east elevation.
There is a small amount of public amenity space that exists today that will be retained with the rest met by
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a cash in lieu payment. They are well within the commercial core dimensions. The expansion will be
fully mitigated and in line with the recent code amendments. It is a win win project. The conditions in
the ordinance are acceptable.
Councilman Daily said it is a thoughtful design and responsive to communities desires. They are
eliminating the third floor. It is a wonderful gift to the community.
Councilwoman Mullins said she supports the applicant’s request.
Councilman Myrin said APCHA came out with 7.61. Ms. Nadolny said they had a slightly different rate.
They did not carry the calculations all the way through. Councilman Myrin said trash enclosures for
restaurants in the commercial core are required to be slightly larger. Is there trash for a future restaurant.
Ms. Nadolny said if a restaurant were to ever locate in this space the trash would have to be increased.
Right now it is set up to have commercial that would not include a restaurant. Councilman Myrin said it
is a problem with the code not the application. The free market has gone away with the third floor. It is a
nice gift for the community. He is Ok with this but we need to fix the code so we don’t continue to
disincentives restaurants.
Councilman Frisch said his is fine with the application. The APCHA unit makes sense. I will be
supporting the application as proposed.
Mayor Skadron asked for a comment on the deed restriction that is being dismissed. Ms. Nadolny said
the document in 1995 by the APCHA Section 8 agreement says it may be removed by the owner. We
believe it was a scrivener’s error where it says BOCC instead of City Council. Mr. Vann said when this
was built it was reconstruction credit. Boogie wanted to have an employee in the building and agreed to
put a deed restriction on it.
Councilman Myrin said the certificate program means the replacement unit is already built and occupied.
Mr. Vann replied correct.
Mayor Skadron said this was the shaft restaurant and bowling alley. Then it became Boogies where you
could get a shake and jeans. Now it will become commercial space that goes for $300 a square foot.
What does a local make of that. While the building is a physical improvement the contents of the
building will do very little for the community. Jeff Ross asked are you looking for more mom and pop.
Mr. Kaufman said when Boogie built his building people boycotted it for years, now we look nostalgic at
it. Things change. It is a balance act. We are doing what the zone district asks for. This project is in
keeping with what the community asks for. Mr. Ross said he can’t speak to who the tenants will be.
What I can say is it is a nice building and an asset to Aspen. Mayor Skadron said what we don’t have
here is space. The physical change is a good one and I support it. We have a delicate balance between
community and resort. He will support this.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Regular Meeting Aspen City Council June 6, 2016
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Councilman Daily moved to adopt Ordinance #14, Series of 2016; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Daily, yes; Mullins, yes; Mayor Skadron, yes.
Motion carried.
Linda Manning
City Clerk