HomeMy WebLinkAboutminutes.council.20161010Regular Meeting Aspen City Council October 10, 2016
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CITIZEN COMMENTS ............................................................................................................................... 2
COUNCILMEMBERS COMMENTS .......................................................................................................... 2
AGENDA DELETIONS ............................................................................................................................... 2
CITY MANAGER COMMENTS ................................................................................................................ 2
CONSENT CALENDAR ............................................................................................................................. 2
Resolution #140, Series of 2016 – Professional Service Contract for Accounting Services ................ 5
Resolution #139, Series of 2016 – Update Financial Policies .............................................................. 5
Resolution #138, Series of 2016 – Reimbursement for Aspen Police Department Building ............... 5
Resolution #141, Series of 2016 – Conditional Water Storage Rights Diligence Filing ...................... 5
Resolution #142, Series of 2016 – Development of the Aspen Clean Energy Micro-Hydro Company
(ACME) ........................................................................................................................................................ 5
Resolution #144, Series of 2016 – Pedestrian Mall Improvement Project, Contract for CMa Services
– NV5 Inc. ..................................................................................................................................................... 5
Resolution #143, Series of 2016 – Pitkin County Open Space & Trails Endorsement ........................ 5
Resolution #145, Series of 2016 – Wheeler Opera House electrical upgrade main distribution panel
replacement ................................................................................................................................................... 5
Minutes – September 26, 2016 ............................................................................................................. 5
ORDINANCE #19, SERIES OF 2016 - Aspen Alps – Planned Development Amendment ....................... 5
Regular Meeting Aspen City Council October 10, 2016
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Myrin,
Frisch and Daily present.
CITIZEN COMMENTS
1. Janice Vos Caudill, Pitkin County Clerk and Recorder, gave an update on the logistics of the
upcoming election. The office has moved to 501 East Hyman in the Ute City Bank building.
They will mail to all active registered voters a ballot. You can register on line with a Colorado
driver’s license, in person at the office or pitkinvotes.com. You can also text CO to 2vote or
register online at govotecolorado.com. Sample ballots are on line as well. It is a very long ballot.
Ballots drop on October 17th, Monday. This week in the mail you will receive the local tabor
issues. Vote your ballot and get it back early. Once we drop the ballots to return it, it takes two
stamps to get it back. Permeant drop boxes are in Snowmass at town hall and in Basalt at town
hall. Early voting starts on Monday the 24th at the Jewish community center. Election Day is
November 8th. If you will be out of town, stop by the office to get an absentee ballot.
2. Leslie Thomas, roaring fork valley horse council, said they are proud to work with Pitkin County
Open Space. They endorse the reauthorization program. They are working with Snowmass
Village to include equestrian as part of the trail users. Aspen has been disrespectful towards
them. They are inviting Aspen to endorse the authorization to treat equestrians as equals. They
want to be able to participate in Sky Mountain.
COUNCILMEMBERS COMMENTS
Councilman Myrin said Denver is the first city to abolish Columbus Day and rename it to Indigenous
People Day. We should think about it for next year.
Mayor Skadron said we have two issues on Aspen Community Voice including the discussion for the
Cozy Point management plan as well as taking public comment. Also, is construction waste in the waste
stream. 80 percent is from demolition from construction. This Thursday from 4 to 6 at Cozy Point is an
open house for the management plan.
Congrats to Howie Mallory who is a brand new grandfather.
AGENDA DELETIONS
Jim True, city attorney, stated the applicant in Ordinance 23 and I are requesting it be continued to
November 14th. Councilman Frisch is abstained.
Councilwoman Mullins moved to continue Ordinance #23, Series of 2016 to November 14, 2016;
seconded by Councilman Daily. All in favor, motion carried.
CITY MANAGER COMMENTS
Steve Barwick said we are currently in the budget process. The budget will be presented during work
sessions now through November 1st. If you have any questions call the managers office or finance.
CONSENT CALENDAR
Resolution #144 – pedestrian mall
Tim Thompson, asset, said this is the contract for phases 1 and 2. The mall is an iconic landscape that has
been around for 42 years. It is inconsistent and has failing infrastructure. We are beginning the upgrade
process now. We need to know what we have underground now. It will take three to four months for that
work. We are interviewing design firms now and will be back in November with a resolution for the
Regular Meeting Aspen City Council October 10, 2016
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design firm. Conceptual design will be next year. Phases 3, 4 and 5 will be multiple years of design
scope. There will be many visits to council and involve the public along the way.
Mayor Skadron asked if there will be an expansion of the mall. Mr. Thompson said there have been
preliminary talks possibly about Mill Street.
Resolution #141 – conditional water rights
Mayor Skadron opened the public comment.
1. Will Roush said the city should not renew its water rights and the wilderness workshop urges you
not to. He has two requests: that it be a collaborative process but does not address the dams
themselves. Are they really necessary. Do a comprehensive study to see if storage is really
necessary for Aspen. If it is needed are these the right location. If things do get so bad that we
need to do this does this type of storage get us there. Are the rights worth anything.
Tyler Christoff, utilities, stated in the resolution it says further refinement of climate change if the rights
are valuable in a doomsday scenario. It also says investigate storage concerns.
Mr. Roush said that does not go far enough. Mr. Christoff said the intent is to explore any alternative
storage means.
2. Bill Stirling said what if the worst happened. To my knowledge no in depth study has been taken
since 1970. You already have pre 1900 water rights. You don’t need new water capacity. Aspen
does not need new dams of any size as long as we stay on our track. It is closely monitored. We
also push for smart conservation by our citizens. We have to keep making the tough decisions of
limiting use today. Out growth is limited by the limited amount of private land available. The
visitor population has increased more dramatically. There is no more room to grow. What if a
new majority of council members though building those dams was a great idea. We are and
should always be the first users of that water. To ensure against that possibility think about
abandoning those water rights now.
3. Jane Ferry stated she doesn’t know why we need more studies. I don’t see spending more money
on studies on something that doesn’t’ need to happen.
4. Paul Noto, representing American rivers. Echoed Will’s comment on need. It is valuable on
decision making and for the water court. In order to keep the rights you have to prove you will
build the dams in a reasonable time, usually within 50 years. There has been lots of talk about
what will happen if you don’t file. They simply go away. No one can take them or buy them.
Could down stream locals control them, like LA. It is not a worry. American rivers would
greatly support a hard look at alternatives.
5. Karan R said she feels that there has been a lot of changes since the last study was done. She is
concerned with it being on wilderness property. Over 150,000 people go up to the bells. What
the dam will create will take away the wild land. We need to consider if there is a better place.
6. David Bentley said if Aspen gives up the water rights what prevents a developer from coming up
and using the same water or dam. Will they have to start from scratch.
7. Ruth Harrison said she agree with everything Bill Stirling said. She is not sure why we are doing
a study on it. It is un-necessary and we are destroying two of our most beautiful places. She does
not see the purpose.
8. Yasmine Depocter said she does not think we should kick the can down the road for another six
years. She thinks the water is already protected.
9. Chip Comins said the position of AREDAY is dams are bad. We have the opportunity to make a
big statement. It would be a really strong move to lead.
Mayor Skasron said it is a complicated issue.
Councilman Daily stated he wants to confirm again his support for extending the conditional water rights
for another six years. He appreciates Wills comments and everyone else’s. He listened closely to the
Regular Meeting Aspen City Council October 10, 2016
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concerns expressed about building dams. He has no more interest for building dams than anyone in this
community. We are facing serious unknowns about our future water supply and capacity. He can’t in
good conscious cancel out a potential water storage resource until we have fully studied this resource.
We have not fully studied that. His better judgement says we don’t need it but I’m elected to do my best
to do thoughtful governance and that is looking at all the options. Especially given the climate change we
are facing. Part of the study is are these the right locations if we need the storage. We need to study
alternate sources of supply. He wants to encourage the members of our water staff to intensify the
evaluation of these matters. It is not in the best interest of our community to give up these rights until we
know with far greater certainty than today that they will not be essential.
Councilman Myrin said Council is on the same page at a hard look at alternatives. We are presented with
a decision that is 41 years in the making. What is different this time is this Council is willing to have a
conversation with the community. It may lead to a carrying capacity conversation with the community.
We are responsible for supplying everyone with water. Whether it is a home someone uses once a year.
As a government we are responsible for supplying water for everyone we have charged tap fees to
whether they use it two weeks a year. We have to supply 100 percent of the tap fees we have out there
year round. We need to have a serious conversation about carrying capacity. He does not intend to kick
the can another six years down the road. He wants to address this and find out as much as I can as soon
as I can. If it means no more taps then no more taps.
Councilman Frisch said the question is how do we make sure we have a long term water supply for our
community. The last thing I ever want to see is a dam built. It would be a derelict of duty to say this
community would never under no circumstance build those dams. In my mind it would be a dereliction
of my duty to abandon those water storage rights at this time. My reading of the legal terms allow me to
look at the key phrase of proceeding with reasonable diligence and to construct within a reasonable time.
Given community sever to mean really sever not because someone wants to water their lawn in late
September. If the community is facing the direst choices any community has to face of load up the
wagons and head back over Independence Pass as the town has become too inhabitable due to a lack of
water. Who knows if Aspen would face anything close to this situation but I would be shocked if some of
the people in this room if not their great grand kids would not be demonstrating in City Hall or getting
signatures at the City Market parking lot to really save Aspen. The City of Aspen, Sta te of Colorado,
entire world and ski tourism would look so much different. I want to thank the community and media for
focusing on this issue. On a personal note, there seems to be some concern that I and members of Council
need to spend more time at Ashcroft and the Bells. I’ve spent countless hours at the Bells and Ashcroft
on skis, foot and bike. I take a little bit of respectful offense that I don’t know where the Bells are.
Things we may need to do include exploring the water supply options further and other storage issues we
might need to look into. For better or worse we do see trends coming. The writing is on the wall. As far
as the report goes, he is not putting a lot of weight on the demand side. What is of importance is the
supply aspect. Continue to explore the water rights. What is in the resolution is probably the minimum
we will do.
Councilwoman Mullins said this has been a real learning process. There was a letter to the editor the other
day talking about Council’s responsibility to future generations. Our responsibility is to make sure the
water is there and the scenic value. I will support reapplying for these rights. In 65, Council secured
water rights with the design for a dam. Things have changed dramatically since then. Part of this effort is
looking for alternative ways and options for water storage. We continue to have an integrated water
Regular Meeting Aspen City Council October 10, 2016
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system. We are doing a great job of conserving water. We are pushing out that need every year. There
are so many unknowns. 50 years from now who knows how that might change. She would rather have
Aspen controlling these rights. She is not convinced there might be some water grab from some other
municipality.
Mayor Skadron said the question is not to build or not to build dams. The issue is whether to keep water
rights alive by the due diligence measures. The landscapes of the Castle and Maroon creek valleys are
too valuable to have water rights fall into the hands of an entity other than this one. No one can guarantee
that another entity will file for them. Without knowing about other alternatives it would not be prudent to
give them up tonight.
Resolution #140, Series of 2016 – Professional Service Contract for Accounting Services
Resolution #139, Series of 2016 – Update Financial Policies
Resolution #138, Series of 2016 – Reimbursement for Aspen Police Department Building
Resolution #141, Series of 2016 – Conditional Water Storage Rights Diligence Filing
Resolution #142, Series of 2016 – Development of the Aspen Clean Energy Micro-Hydro
Company (ACME)
Resolution #144, Series of 2016 – Pedestrian Mall Improvement Project, Contract for CMa
Services – NV5 Inc.
Resolution #143, Series of 2016 – Pitkin County Open Space & Trails Endorsement
Resolution #145, Series of 2016 – Wheeler Opera House electrical upgrade main distribution
panel replacement
Minutes – September 26, 2016
Councilman Frisch moved to adopt the Consent Calendar; seconded by Councilman Daily. All in favor,
motion carried.
ORDINANCE #19, SERIES OF 2016 - Aspen Alps – Planned Development Amendment
Councilman Daily recused himself.
Hillary Seminick, community development, stated this planned development is located on the eastern
shoulder of Aspen Mountain. There are seven buildings on the campus. The 300 building is suffering
from lateral loading and needs replaced. At the last hearing Council asked that additional work on
affordable housing and unit rent ability be explored. The applicant would like to utilize a buy down unit
and credits. There was an error in memo with the FTEs, the applicant would satisfy the mitigation
requirement. Council was concerned with the addition of the two new units and the rent ability of these
units. The applicant has proposed a lock off. Typically, these are not seen in a free market unit. It is a
two story unit. The lower level would be the lock off. The Alps does function a little differently than
most free market buildings. This is a creative solutions that adds diversity to the Alps inventory. Council
requested that the street facing façade relate more to the Benedict architecture. They added a thicker band
between the window blocks and a prominent eave. They also changed the fenestration of the north and
south ends. Staff feels the changes have begun to address their concerns. They would like to see the
materials be more consistent with the 400 and 500 buildings. They could be brought all the way around
to be more cohesive.
Councilwoman Mullins asked how is the lock off addressing Councils concerns. Ms. Seminick replied it
creates an additional unit that can be rented at a lower price point. It diversifies what they have available
to the public.
Regular Meeting Aspen City Council October 10, 2016
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Councilman Frisch asked if there was a discrepancy on the affordable housing number.
Ms. Seminick replied Councilman Myrin had a concern with the number. The applicant is fully meeting
the number. They met with APCHA and have identified areas in town where they could buy down a unit
specifically related to this project.
Councilman Myrin said the memo says staff recommends a continuation and changes. Ms. Seminick said
staff would like to see changes to the street facing façade and be more cohesive to other buildings on the
lot. Councilman Myrin said it is the street facing façade, the affordable housing and the square feet.
Jessica Garrow, community development, said they would like feedback on the design. We think the lock
off is a unique solution. If Council is comfortable with the design than we think the rest of the project is
probably fine. Councilman Myrin said then we could be done with this with the acceptance of the buy
down unit.
Alan Richman, representing the applicant along with John Corcoran and Gilbert Sanchez, said they agree
that the 300 building is distressed and you support the height and floor area request. They want to revisit
the design on the street facing façade. They were asked to explain how the rental program functions and
to maximize the availability to rent. They looked at providing additional affordable housing mitigation
beyond what the code requires.
Mr. Corcoran said as far as involvement in the rental program and what impact would there be to put a
mandatory deed restriction on a unit. He talked to Andrew Ernemann and he said it would substantially
reduce the interest in the unit. He was not aware of any wholly owned unit with that kind of restriction.
The request was from a desire for higher rental potential. That is where we came up with the idea for the
lock off. The 100 and 200 building started off with lock offs. Building additional affordable housing on
site is not possible. Putting it in 300 is a poor mix and not a good use. Building on site and not in the 300
is also not a good idea and not consistent with how associations operate. The housing credit program is
designed for places like the Alps. We latched on to the buy down option as something that would be
more impactful. Buy a free market condo and deed restrict it into the affordable housing program. We
are not asking for any breaks from the mitigation. We would propose using mitigation dollars for a buy
down and use the balance in credits.
Mr. Richman said the standard is affordable housing needs to be provided in at least 30 percent of new net
livable. We are doing 6,000 square feet. It gets converted to FTEs or 4.5. The 30 percent standard is
nothing like the 60 percent for commercial and lodge. It is based directly on the number of employees
generated. The 30 percent residential standard is not an employee standard but an inclusionary standard.
Compliance will not add to the housing deficit but furthers the housing goals. The replacement will not
generate the 4.5 employees the code says it will. We are required to comply with the 30 percent standard
and are agreeing to do so. It is a significant commitment.
Mr. Sanchez said there are five shared design concepts: similar scale, strong horizontal lines, the long side
is different from the road side, sloping topography accommodates height and the proposed materials
including the wood siding and stone are harmonious with the landscape. The new design relates to these
fundamental characteristics. After further study he added more horizontality. The rooflines relate to each
other. The common geometry provides a link between the old and new and neighboring buildings. He
made two more adjustments including reduced size windows and more solid wall surface. The treatment
of the open balcony has change to be a solid element to mimic the horizontal openings of the old. He also
Regular Meeting Aspen City Council October 10, 2016
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added horizontal joints in the wood siding. The windows over the openings are recessed 12 inches. It
will be more compatible with the existing Alps buildings.
Councilman Frisch said the affordable housing buy downs give me tummy ache. We are trying to get rid
of buy downs. I thought APCHA was very leery of these as well. I think we are just putting the burden
on the affordable housing owner. I appreciate not wanting to mix in the same building. I have a really
hard time with buy downs. Mr. Corcoran replied that he heard buy downs might be more impactful to
council. APCHA said there were specific places where they would accept a buy down. Councilman
Frisch said he had the same feelings on the street side as Ann. To me they look so similar I’m not seeing
any difference. What does says Aspen Alps is the other side. What I see here is a very generic front.
There must be some economic reason why you don’t want to keep that pop up there. That middle 80
percent is what does it. He is not sure why you got rid of the balconies and the glass. I don’t think it is
far enough. As far as the rental units, if you weren’t coming with the two new units we would not be
discussing rent ability. We view these structures as being in the lodging base. The pickle I’m in is how
much can we change. The question is of the extra 6 or 7,000 square feet trade off. The lock off is
interesting. He is worried about the idea of it being there and not working. I care about occupancy.
Councilwoman Mullins said she would rather see a problem solved through design than restriction. She
has been reassured that the lock off would be rented. It is an interesting solution. For the affordable
housing, what is the FTE number. Ms. Seminick replied the mitigation requirement is based on net
livable so the number is 4.51. Councilwoman Mullins said she is fine with the mitigation number. She is
with Adam in terms of the buy down. She does not see a whole lot of difference in the elevations. It has
the horizontality and the fenestration is similar. It still does not have the three dimensional aspect. It is a
really important complex in town. We need to be careful about maintaining the original character. It
needs another look to make it cohesive with the rest of the building and complex.
Councilman Myrin said he would be happy if it goes back to P&Z and would support the direction of the
others on the design. He is a fan of the buy down. Hopefully one on an existing bus route and APCHA
has chosen the building. One of the drawbacks of the credit program is there is no control of the building.
For the square foot, he has the same questions of will it enable everyone else to come in as justification
for doing it. He does not want to make it as a policy. He would like to see addressed the design back to
P&Z. He sees this as a one off and a bigger policy discussion.
Mayor Skadron said he prefers windows, big open windows. He will leave the design up to you. If
windows help sell the units put them in, in a way that speaks to Fritz Benedict. As units are upgraded
they get rented. Maybe the way to approach this is the way Bert said as a one off. The buy down I can
support only if APCHA supports it. The lock off, it is a creative option. He does not have faith in its
entire direction as satisfying the rental pool. When we talked about the small lodge preservation program
was a free market allowance part of the program. Ms. Garrow replied yes, the original program had one
for traditional and one for these condo units. Mayor Skadron said I’ll move this forward to P&Z to
discuss the design.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Regular Meeting Aspen City Council October 10, 2016
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Ms. Garrow recommended additions to Section 5. Require design of the street facing facade to be
cohesive to other facades of the 300, 400 and 500 buildings. A kitchenette is required in the lock off unit.
Councilman Frisch said he would love to see more of these lock offs in the building. He would like to
make it easy to implement it in the building if it works. Ms. Garrow said we could add an allowance in
Section 4.
Councilwoman Mullins asked if the other units of similar size have a kitchenette. Mr. Corcoran replied a
small one. Ms. Garrow suggested adding a footnote to the table that lock offs be permitted within the
square footage of the individual units. The question is are the growth management allowances taken form
this year. It also impacts parking to allow that. Councilman Frisch said he would love to see as many
lock offs as possible. He is willing to waive some growth management stuff. Ms. Garrow said it would
maintain the current parking proposal which is four new parking spaces. They could convert these to a
studio lock off. Councilman Myrin said he is not sure we want to do it anytime in the future. Maybe
when buildings are rebuilt. Councilman Frisch said 40 percent of the people who stay here stay in
condos. That will always remain. He is concerned the supply is going away. He wants to make sure the
supply is as flexible as it can be. Ms. Garrow said we can add in a footnote that says all units can have a
lock off. It can be finalized as part of the P&Z review and no new parking.
Councilman Myrin said it is legislating on the fly. Mayor Skadron said it is a valid suggestion.
Councilwoman Mullins said she would support it. Mayor Skadron said we can’t do it on the fly. Mr.
True said they can approve it as written with only the one lock off or send it to P&Z with a way for them
to evaluate with more. They can always come back if you approve the first way and ask for additional
lock offs.
Ms. Garrow suggested adding in order to accommodate additional balconies on the street facing façade,
floor are may be increased. Mayor Skadron reviewed the conditions including a cohesive façade with the
other buildings and a kitchenette in the lock off.
Councilwoman Mullins moved to adopt Ordinance #19, Series of 2016 with amendments; seconded by
Councilman Frisch. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Myrin, yes; Mayor
Skadron, yes. Motion carried.
Councilwoman Mullins moved to adjourn at 8:15 p.m., seconded by Councilman Myrin. All in favor,
motion carried.
Linda Manning, City Clerk