HomeMy WebLinkAboutminutes.council.20161128Regular Meeting Aspen City Council November 28, 2016
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CITIZEN COMMENTS ............................................................................................................................... 2
COUNCILMEMBERS COMMENTS .......................................................................................................... 2
CITY MANAGER COMMENTS ................................................................................................................ 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #155, Series of 2016 – Website Redesign, Development and Implementation .................. 4
Resolution #168, Series of 2016 – Emergency Generator Water Treatment Plant ............................... 4
Resolution #170, Series of 2016 – Aspen Country Inn Renovation and Repair – Change Order #005 4
Resolution #172, Series of 2016 – Civic Space Relocation Project Aspen Police Department –
Change Order Acceptance ............................................................................................................................ 4
Resolution #173, Series of 2016 –Civic Space Relocation Project City Hall – Change Order
Acceptance .................................................................................................................................................... 4
Resolution #174, Series of 2016 – The Mill Tenant Improvement Space – Change Order Acceptance
4
Minutes – November 14, 2016 .............................................................................................................. 4
RESOLUTION #154, SERIES OF 2016 – Renewal of Aspen Saturday Market Agreement ...................... 4
ORDINANCE #28, SERIES OF 2016 – 2016 Supplemental Budget .......................................................... 5
RESOLUTION #159, SERIES OF 2016 – 2017 Budget .............................................................................. 5
ORDINANCE #37, SERIES OF 2016 – 2016 Supplemental for the APCHA and Component Units ......... 6
ORDINANCE #36, SERIES OF 2016 – 2017 Fee Ordinance ..................................................................... 7
ORDINANCE #38, SERIES OF 2016 – Title 25 Utilities – Code Amendment .......................................... 7
RESOLUTION #171, SERIES OF 2016 – Temp Use for Sally Port ........................................................... 7
AACP – LUC COORDINATION – ORDINANCE #29 & 30, SERIES OF 2016 – Use Mix and Misc and
Definitions..................................................................................................................................................... 8
Regular Meeting Aspen City Council November 28, 2016
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Daily and
Mullins present.
CITIZEN COMMENTS
1. Elizabeth Milias thanked Barry Crook for his efforts towards public private partnerships and long
term rentals. This is a missing link in our subsidized housing portfolio and long overdue.
APCHA needs an update to the real time information management system for inventory. The
toolbox needs upgraded. We have the right staff and leadership. She is here to kick off the 2018
election season. Initiatives need to be turned in by end of January to be ready for the ballot for
May. She commented on the citizen desire to ban chain stores in the commercial core and said it
is one of the stupidest things she has ever heard. It is a solution in search of a problem. Rents are
high but social engineering is rarely the answer. Having a commission who will evaluate which
chains will be allowed in is a retail death panel. Who will sit on the panel and pick the winners
and losers and what constitutes a chain. Gorsuch, Ink, Grey Lady, Cos Bar, Sunglass Hut, City
Market, Shell, UPS, Fed X, St. Regis, Aspen Sports. These are chains but clearly essential to
locals and visitors alike. Do these get special preference. This idea is allegedly to support local
serving, what is a local. Those with subsidized housing, registered to vote? The whole idea is
idealistic and romantic and reminiscent of Bill Stirling’s attempt to ban the sale of fur. It was a
misguided attempt to manipulate the free market and in the end made Aspen look foolish. Isn’t
comdev looking at ways to streamline zoning and incentivize second tier retail. This is a
promises to generate headlines and unintended consequences will come out. We know it is
coming through a petition and will be one of the first election issues for 2018.
2. Bob Bowden passed out a handout and proposed a code amendment. He said there are
unintended consequences in the double basement code that was adopted last year. It is having the
opposite effect of what it was intended to do. There are two parts to the code. It limited
excavation to 15 feet but that part is working great. The second component is the definition of
below grade level and limiting the number of below grade levels to one. This has an effect on
hillside lots. The one level restriction is forcing builders to build moats and added excavation.
He is asking Council to change the language and definition to ease the restriction.
3. Ward Hauenstein spoke about campaign rhetoric during the presidential campaign. He is asking
for a proclamation for the Latino population stating that they will not be rounded up and sent out
of the country. We are not a sanctuary city but law abiding citizens are respected and
appreciated. Speaking about the dam thing and Bert’s comments from the last meeting and the
ability for citizens to have a say if a future dam is to be built in Castle and Maroon Creek. He is
asking that there be a charter question in May or other binding ballot issue that would preserve
the citizens right to overturn the Councils decision to put a dam on the creeks.
4. Toni Kronberg said during councils comments the Mayor will talk about a letter to President
Elect Trump on the environment and she requested that it needs to be bolder. Aspen does not use
mag chloride on the streets in the winter for snow melt. She requests that council take a look at
changing from sanding to mag chloride. Things have changed in the last 15 years. She also
endorsed Barry and Elizabeth comments on rental housing.
5. Bob Morris said he emailed council his letter from 2006 as to what would happen to the second
tier spaces in town. He strongly supports the goal for the second tier space proposal. If the city
builds by rio grand place will you take out Tasters restaurant. He supports the limiting of chain
stores.
COUNCILMEMBERS COMMENTS
Councilman Frisch replied to Ward that he has no problem with working with the State to see what they
are doing to make sure these goals are honored. As far as the dams, Bert was looking to get some Council
direction on this. We should try to come back with pros and cons how we want to handle this. As far as
sanding versus mag chloride, Streets and Environmental Health can give direction on this. We should try
Regular Meeting Aspen City Council November 28, 2016
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to do the right thing regardless of the name. Elizabeth, we are going to have a healthy discussion on the
possible limitation, not ban on commercial spaces. What we have been focused on is the nook and cranny
spaces. Skiing is good.
Councilwoman Mullins said she went to London to see her son for Thanksgiving. The citizen’s academy
is one of the best things the city has done in a long time in educating and getting people involved. The
land use open house was great. Staff has put together cards for each of the issues and they are wonderful.
Thank you for all the public comment. APCHA will put out an RFP for data collection in the spring.
Right not they are defining the problem and needs. She thanked Bob for the illustrations and it makes
sense on the basement code change. She would like to see this looked at sooner than later. She
appreciates Wards comments and would like further discussion about the dam. She would like to look
further into the mag chloride versus the sand.
Mayor Skadron said Aspen was among 37 cities signing on to a letter to persuade President Elect Trump
to act on climate change. I’m part of the US Mayors national climate action agenda. He supported the
letter which asked the President Elect to work in partnership with cities to support clean air, strengthen
the economy and support local initiatives with federal funds around transit, energy and infrastructure. We
have benefited greatly by these funds in the past and helped us deliver things like BRT and highway
improvements. We will do our part as local leaders to ensure we hold our priorities in place. Aspen
Council is again starting spill the beans at Spring Café starting December 6th. Tasters is in the plan.
CITY MANAGER COMMENTS
Steve Barwick said it is winter. Get your snow tires on and slow down.
CONSENT CALENDAR
Resolution #155 Website
Councilwoman Mullins asked if there is an option for Spanish access.
Ruth Kinney, IT, said it will be available in multiple languages through google translate. There is a box
at the bottom that says translate and you pick the language you want and it translates.
Resolution #172 and #173 – Civic space relocation project
Jack Wheeler, Jeff Pendarvis and Saul Abrahams
Mr. Pendarvis said the road work is done and the demo of the parking building is done. The historic
structures are being stabilized for the move. We are in the process of getting the excavation permit. The
completion is predicted for Spring of 2018.
Councilman Frisch said as much as I love Tasters the plan is to have some type of locally serving
restaurant space down there. Mr. Wheeler said there will be minimum work on the Rio Grande building.
A restaurant space in same location is in the plan.
Regular Meeting Aspen City Council November 28, 2016
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Resolution #155, Series of 2016 – Website Redesign, Development and Implementation
Resolution #168, Series of 2016 – Emergency Generator Water Treatment Plant
Resolution #170, Series of 2016 – Aspen Country Inn Renovation and Repair – Change Order
#005
Resolution #172, Series of 2016 – Civic Space Relocation Project Aspen Police Department –
Change Order Acceptance
Resolution #173, Series of 2016 –Civic Space Relocation Project City Hall – Change Order
Acceptance
Resolution #174, Series of 2016 – The Mill Tenant Improvement Space – Change Order
Acceptance
Minutes – November 14, 2016
Councilman Frisch moved to adopt the consent calendar; seconded by Councilman Daily. All in favor,
motion carried.
RESOLUTION #154, SERIES OF 2016 – Renewal of Aspen Saturday Market Agreement
Jim True, city attorney, said this is to authorize the approval of the market vending agreement.
15.040.350b is for the use of a farmers market on the city’s right of way. This is done by resolution. The
2010 agreement was for five years. The market is managed and overseen by the CCLC and Aspen
farmers market group. We made minor modifications to clarify the language that gave the city the
opportunity to terminate if the Council felt it was appropriate. There are some questions in the memo that
Council can address. The resolution does not address those but the vending agreement does to some
degree. Environmental health did have some issues that they addressed in the memo. This is a public
hearing which requires public comment.
Mayor Skadron asked to state again the termination option. Mr. True said it was not written as clearly as
it was intended. The goal is to continue for five years and be renewed each year unless Council gives
notice prior to December 1st each year. Mayor Skadron said if it is evaluated by Council in the future can
it be changed. Mr. True replied it can be changed.
Mayor Skadron opened the public comment.
1. Paula Diamaso said she has been doing additional research. She handed out two documents
including analysis of similar resort towns and other days of the week and times of markets.
Aspen is one of the few resort towns that has a market on a Saturday. She would like some
consideration to have the market on another day of the week. The second document shows
percent of retail on other days of the weeks. She loves the market and it brings vitality to town
having it on a 29 percent sales day is very disruptive and she would like to have it on another day.
For many retailers 29 percent is what they do in February and March. In July and August, it is
half that. Lost parking revenue on Saturday is 38,000 and moving the market to Sunday would
also mean no lost parking revenue.
2. Bill Dinsmore said the CCLC has been managing the market since it began. They have always
been available and open to talk to retailers as to what works best for retailers and guests. They
have talked many times about days and times. The consensus generally is this works very very
well. Saturdays brings a significant amount of people to town and that it is not helping retailers is
lost on me.
Mayor Skadron asked if the agreement commits to a day. Mr. True said other than calling it the Aspen
Saturday market. It does specifically discuss Saturday. Mr. Dinsmore said there are a lot of other
competing markets that they present their products in. Mr. True said it would take a lot more discussion.
Mr. Dinsmore said we are happy to talk about it. Mayor Skadron replied we want to do what is best for
the community.
3. Bob Morris said he is in favor of a Saturday market because that is when the people are here.
Occupancy falls 50 percent on Sunday night. It is a great idea to have the market when the
people are here. People love the market.
Regular Meeting Aspen City Council November 28, 2016
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4. Wendy Mitchell said she has a booth at the market and owns Meat & Cheese. One thing to
consider about changing the day is the members already have other commitments so you will be
starting over. The market works. The mix works and is what makes the market vibrant.
5. Lana Trenton said the people who are artisans at the market also hold other jobs.
Mayor Skadron closed the public comment.
Councilwoman Mullins said she is fully in support of the Saturday market. We couldn’t change the day
this year, maybe next year but she would need a compelling reason. She would like to see more emphasis
on to be a part of the market it needs to be a Colorado product. That needs to be emphasized. ACRA
mentioned they would work on handing out a map for local businesses. 38,000 lost in parking revenue
and increase in sales tax for 500,000. She supports the continuation of the ACRA booth and store fronts
being allowed in the market and the same locations.
Councilman Daily said he agrees with Ann. For the moment retaining Saturday is compelling. He is
willing to have further discussion on that if there are compelling reasons to change it then we look at it.
Councilman Frisch said looking at the resolution we want to keep CCLC as managing the market and we
would be crazy to change it. All these questions should be left to CCLC with some ACRA and non
ACRA members. Everything is all better left to CCLC with ACRA and Paula’s group to help as needed.
Mayor Skadron said to Bill and CCLC, on Bert’s behalf he brought up the idea of extending the vendors
beyond Saturday’s to parking spaces in front of empty buildings. He also concurs with the comments by
his fellow council members.
Councilwoman Mullins moved to adopt Resolution #154, Series of 2016; seconded by Councilman Daily.
All in favor, motion carried.
ORDINANCE #28, SERIES OF 2016 – 2016 Supplemental Budget
Pete Strecker, finance, told the Council, this is an increase of 7 million dollars. 5 million is for previously
approved requests. A big portion of it is for affordable housing around town. 1.2 million is for technical
adjustments. 2.7 million is new requests. 1 million of that is for the pedestrian mall design, 860,000 for
office space design, 500,000 on the E-permitting system, 266,000 for increases to purchase power costs,
100,000 in technical adjustment, 80,000 for the IGA for the animal shelter for the over under. 15,000 is
for the transfers for parks and water for stormwater.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Ordinance #28, Series of 2016; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion
carried.
RESOLUTION #159, SERIES OF 2016 – 2017 Budget
Mr. Strecker stated the total budget is 117 million which is a 25 percent increase over last year’s
appropriation. The capital programming is largely city offices and the APD. 12 million is in affordable
housing. There are new resources on the operating side for Comdev and engineering, public education
and outreach and expanded transit. Included is a human services position for police for 50,000. Not
included at this time is reducing one of the capital line items for old power house for two million.
Mr. Wheeler said we will finish the design with proper preservation and it will be a savings in the long
run. We want to do it right the first time.
Regular Meeting Aspen City Council November 28, 2016
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Mayor Skadron opened the public comment.
1. Toni Kronberg thanked the council for supporting the additional police officer to support health
and human services. She asked about the budget numbers on the civic buildings. She is
concerned about the cost of the new building. 30 million could be spend on the entrance to Aspen
and rental housing. 75,000 is approved for a new fitness center at the ARC. She is curious why
the 30 million will not go before the voters.
Mayor Skadron closed the public comment.
Councilman Frisch said the funding for the health officer is part of the integrated plan with community
health and the sheriff’s office. He is supportive as having the city be part of it. He is supportive of
everything Pete brought up. Bert brought up adding a budget line to add alternative sites for water
storage and plans. I think that is already covered. Mr. Barwick said we will be coming back with a work
plan and what Council wants to fund. There is a lot of possibilities for other storage. Councilman Frisch
said Bert had commented that he had hoped to remove 20,000 as a grant recipient from the Historical
Society and I commented if we wanted to do that we should give them a year’s notice. He is not
supportive of removing that until further discussion with the Historical Society and the grant committee.
He also wanted to remove the 22,000 from the Wheeler grant from the Art Museum. My thought is if the
Wheeler and grant committee wants to set parameters based on revenues, but I’m not supportive of
singling out anyone.
He is supportive of all the great work from the team.
Councilwoman Mullins said to Bert’s comments, if Council has an issue with the grants we need to take a
look at the whole process. The budget looks great. We spent 6 weeks and finance did a great job. She
supports the budget as presented.
Mayor Skadron thanked finance for the great work. It is a fascinating document. You can track every
dollar that comes into to the city and where it goes. He compliments the whole finance team. The budget
is based on forecasts and they are rooted in projections. Sales tax is projected at a four percent increase.
Lodging is projected to rise at six percent. We like to approach this conservatory.
Councilman Frisch moved to adopt Resolution #159, Series of 2016; seconded by Councilwoman
Mullins. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Daily, yes; Mayor Skadron, yes.
Motion carried.
ORDINANCE #37, SERIES OF 2016 – 2016 Supplemental for the APCHA and Component Units
Mr. Strecker stated there have been no changes since last time. It is an increase of 73,000. There is a
onetime special assessment of 16,000 for the current housing building and 5,400 for smoke detectors and
34,000 for previously approved items.
Mayor Skadron asked how far are we away from having funding for having the tools to measure housing
needs.
Barry Crook, managers office, said we are still trying to identify the requirements to create the RFP. We
will need a supplemental from the city and the county.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Ordinance #37, Series of 2016; seconded by Councilman Daily.
Roll call Vote. Councilmembers Frisch, yes; Daily, yes; Mullins, yes; Mayor Skadron, yes. Motion
carried.
Regular Meeting Aspen City Council November 28, 2016
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ORDINANCE #36, SERIES OF 2016 – 2017 Fee Ordinance
Mr. Strecker said there have been no changes since first reading. The ordinance includes revisions to
adjust lodging permit fees. It includes nonprofits for building development fees as well as State mandated
fees.
Mayor Skadron opened the public comment.
1. Toni Kronberg said for Section 2.1.030 she would like to see added a revenue source under pools.
She would want to add a warm water area rental.
Mayor Skadron closed the public comment.
Councilman Frisch moved to adopt Ordinance #36, Series of 2016; seconded by Councilman Daily. Roll
call vote. Councilmembers Daily, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #38, SERIES OF 2016 – Title 25 Utilities – Code Amendment
Lee Ledesma, utilities, told the Council there have been no changes since first reading. There are four
main component changes including rate adjustments for water and electric. Further define steps and
timing on collections. Move utility development fees from title 2 to 25 and the implementation of a
backflow prevention and cross connection program that complies with the state program.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Ordinance #38, Series of 2016; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Daily, yes; Mayor Skadron, yes. Motion
carried.
RESOLUTION #171, SERIES OF 2016 – Temp Use for Sally Port
Sara Nadolny, community development and David Detwiler, Pitkin County.
Ms. Nadolny said this is an application for a temporary use for an external Sally Port structure for the
construction site between the jail and the court house. It it used when the police or sheriff removes an
arrestee to the interior of the building. The construction of the police station will block access to the
existing Sally Port. It is proposed to be located outdoor and will not block public access. It will face
towards Galena plaza. It will be 9 feet in height, chain link and open to the sky. Normally no fences
higher than 6 feet or chain link are permitted. Staff supports this as it is a public safety necessity. It will
be coverd in the same mesh normally seen at construction sites. The applicant has proposed three
different patterns printed on fabric. Staff is not supportive in gussying up the screen. The applicant has
requested the use start as early as tomorrow to 2018. Staff has also suggested if more time is needed they
may request that at Council.
Councilman Frisch asked is this until the new police station and county building get built. Mr. Detwiler
replied correct.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Resolution #171, Series of 2016; Seconded by Councilman
Daily. All in favor, motion carried.
Regular Meeting Aspen City Council November 28, 2016
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AACP – LUC COORDINATION – ORDINANCE #29 & 30, SERIES OF 2016 – Use Mix and Misc
and Definitions
Ms. Garrow said the goal of the moratorium is to reconcile the land use code (LUC) to the Aspen Area
Community Plan (AACP) so the LUC deliveries what the AACP promises. There are six key topics
including; commercial mix and free market residential uses, what types of businesses and uses should be
inside the buildings, commercial uses and creating an essential business overlay, use mix, second tier
spaces and formula business regulations.
Mark White said we want to encourage the things we want and discourage the detrimental ones we don’t.
Encourage locally serving businesses and unique ones. Detrimental includes high end, free market
commercial and non-active uses. Essential business overlay would be part of the NC and SCI zone. It
would be an incentive based tool to promote desired uses. It would be voluntary and achieved through
the rezoning process. It does not change the underlying zoning. Incentives in exchange for desired uses
or commercial spaces. He also talked about setback reductions and project based internal FAR
amendments.
This would maintain the existing 35 foot heights in the SCI zone.
Use list would create generalized use categories for commercial zones but allow uses in a matrix format
for ease of use. Revise zone definitions and purpose as well as ensure long term development of desired
use types. Refining the allowed uses in NC and SCI to focus on essential businesses types.
He proposed tailoring the use list. Second tier spaces are symbiotic to incentives in the essential business
overlay and commercial design guidelines. Define where they may be located; basements, alleys, upper
floors, mid-block, public amenity spaces. Should a proportion of net leasable area be set aside for
essential business uses. Where are they located; in a basement or second floor - not including rooftop or
pedestrian amenity space. He suggested a sliding scale percentage by district that has to be in the second
tier. Space ranging from 20 percent in CC up to 35 percent in SCI with a maximum.
Formula business regulations – chains
Definition of a formula business is anything with a trademark, logo or service mark or anything with
multiple businesses typically 11 to 15. Including service/merchandise, standardized décor, business
method, architecture, layout and uniforms. This includes retail, restaurants and fast-food. There could be
exemptions for offices, gas stations, grocers and banks. Some communities regulate formula retail and
formula restaurants differently. Communities with chain regulations include Arcadia, Bainbridge island
Barnstable, Benicia, Bristol, Calistoga, Carmel by the Sea, Chatham, Chesapeake. Most are coastal resort
communities. It could be done district by district, all by right or prohibit or by conditional use. There
could be caps and quotas and performance and design standards.
Things to consider include which zones to allow including the historic district. Should it be by building
level or street location, corner or mid-block. We would need to establish defensible review standards.
There would need to be transition provisions and triggers for applicability. What happens during a
remodel or expansion of existing spaces. Should it be limited to overlay zones. Should it be prohibited or
conditioned by location. Should it be allowed by floor or second tier spaces.
Regulator options include discretionary or conditional use review. Are there just designated districts or
locations. What other standards, characters, designs and saturations are met. Are daily needs being
served.
For saturation is it based on a number or percent of uses or chains. It can be based on district and vicinity
or availability of similar uses or number of vacancies.
For caps, is it a limited number, limited by district like a use quota or a percentage of similar businesses.
Regular Meeting Aspen City Council November 28, 2016
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Do we look at performance and design standards including signs, storefront design, transparency and
pedestrian accessibility.
Staff recommendation is to regulate chain stores in the downtown core and historic districts including the
CC, C1, MU and Main Street. This would be through a conditional use review for all building levels in
the above zones through a P&Z level review that would be captured through business license application.
The Legacy Business program is based off of Proposition J in San Francisco and established a voluntary
fund. Businesses were eligible if they were in operation for at least 30 years and contribute to the city’s
identity.
Staff does not recommend moving forward at this time with this program. We would need to figure out
how to fund it.
Councilwoman Mullins said the memo is really clear. She will give it up at this point.
Councilwoman Mullins asked have we determined the problem we are trying to solve by this restriction.
When I read the downside I have some concerns. If it is maintaining low rent, I’m not sure this tool will
accomplish that.
Mr. White said the main thing we are hearing is allowing us to maintain our unique character. People
want a unique experience to Aspen. What we hear most is character. Ms. Garrow said use mix is a trick.
It is a combination of things. We are looking at the essential business overlay and the second tier spaces.
The businesses target by a chain regulation tend to be luxury chains that want ground floor with big
windows. This is another piece of the puzzle.
Councilwoman Mullins said establish clear review criteria, what will that be. Mr. Richman said we are
kicking around ideas around that. It is a balancing act. It is not a simple issue.
Mayor Skadron asked them to comment about the distinction between locally serving and locally owned.
Mr. White said serving relates to the use, like a pharmacy. Owned refers to who owns the business. It
could be a CVS which is a national chain. We are concerned about who is served. Mayor Skadron said
should you comment on the notion if the desire is to have more burger shops and fewer jewelry stores the
direction like this may not deliver that. Mr. Richman said it is. The second tier spaces is provide physical
opportunities for more local serving or lower end businesses to operate but it doesn’t guarantee that. We
understand what the higher end wants but we can’t guarantee they don’t want the lower end spaces. We
can’t force the market to offer more burger shops and less jewelry stores. Mayor Skadron said the
attempt is to maximize the utility of spaces in town. The driving is the attempt to maximize the small
town character. If we’re trying to preserve character, convenience or what makes us real and authentic.
Not economic reasons, not what will make a landlord occupy a space. The challenge I see is how to
create space in a sense that is not dedicated to the highest and best use. Mr. Richman said some of this
comes out in other ordinances that will be before you in the coming weeks. Mr. White said a community
like Aspen evolves. We have tried to set this up in a way that the market here will deliver and the
community wants. Mayor Skadron said are we not really discussing the elimination of competition to
drive down rent. If so, who benefits from that. Mr. White said we can’t control that through the land use
code. Ms. Garrow said these types of regulations create more opportunities for locally serving businesses
to be in the marketplace which is a benefit to the community.
Mayor Skadron opened the public comment.
1. Bill Stirling said it will make spaces more affordable. Our group has been discussing what has
been going on inside the spaces especially on the ground floor. The AACP says seek balance,
year round retail and protect the core. We have been trying to define affordable commercial for
35 years. We want to try to level the playing field. We are here as partners as we seek to protect
our identity and focus on Aspen’s uniqueness.
2. Jerry Murdock said he was inspired by Council’s courage to have the moratorium in the first
place. Earlier this year he went to Fletcher’s bike shop and it wasn’t there. Fletcher couldn’t
Regular Meeting Aspen City Council November 28, 2016
10
afford the rent. Major international brands are leveraging the Aspen brands. How do we level
the playing field and maintain our brand. Aspen is our local businesses. We are 60 percent
formula businesses and quickly getting towards 90. He wants a place that is for all of Aspen.
3. Gina Murdock asked what do we want to be. There is a conversation happening. If we can’t do it
in Aspen where can we do this type of thing. She encouraged council to look at who and what
Aspen wants to be. This is an opportunity for Aspen to be a leader and have other communities
look to us.
4. Jeff Conklin said he used the AACP as a guide for his research. Over the past 20 years, 30 cities
and town have been successful in passing regulations for formula businesses.
5. Chris said he is passionate about this community. He is a parent of three boys and wants them to
have the same opportunity that he has had. He wants them to be able to have a business here. He
encourages council to look towards the future. We need the luxury goods stores because they are
part of the tax base. Aspen is a luxury brand but we need the funkiness.
6. Phyllis Bronson said a lot of us who work miss the Banana Republic. I think it is multi-faceted
and I find it confusing. I’ve seen a lot of businesses come and go. To just say a business
shouldn’t come because there is a similar one, we may miss out on something. I’m finding it very
confusing to just say chains. Half the stores in Aspen are chains. If something is in the pipeline
how do you limit that. Are we only addressing locals buying habits and ignoring visitors
7. Katrina Devore said she would love to have the opportunity to stay here and wants to stay here.
Aspen could lose its charm and uniqueness. She said she hears a lot of people say they can shop
at these stores in New York or Boston and want a unique experience here. There is so much more
to Aspen than Prada and Gucci. She wants to see more locally serving stores.
8. Fletcher Yaw owned a bike shop for 18 years and said it was disappointing to no longer to be able
to do it anymore. There is the potential to lose the ability for young entrepreneurs to be able to
get in to the game. He wants locals to have the ability to have dreams and move forward with
them. It is slowly getting harder and harder to get in to the game. They are priced out at the
beginning. This could limit the ability to drive up prices.
9. Boogie Wineglass said this is a tourist town. Landlords regulate what you can and can’t open.
There is a reason why someone is doing business. They stay open if it works. They close if it
doesn’t. Town needs a fun place. It is a tough solution. You have to have balance. It is not easy
to do. Aspen is a great place.
10. Michael Goldberg said sometimes we are local serving and sometimes we aren’t. We almost
never charge a service charge if you come to the box office and buy a ticket. He is here with a
challenge, locally owned and local serving. 70 percent of the tickets are sold to people outside
the valley during on season. Modification has to be local serving but serve other part of the
population that doesn’t call themselves local. He cautions to not thrust upon the community a
narrow vision and remember we are a tourist town. Give people like Fletcher an opportunity.
Matsuhisa is local serving but can’t serve every local because we have very high prices. He
recognizes that not every local can come. We need to be a little careful about what we think we
want.
11. Nick Devore said we need to keep Aspen cool. We need to be leaders and progressive. He hears
people complaining Aspen is losing its funkiness and spirit. We need to provide a special
environment for our visitors.
12. David Mayer said he moved here two years ago and created Aspen entrepreneurs. There are 550
members. He has been part of this process from the beginning. They want to balance the
business environment so they can compete on a level playing field.
13. Andrew Sandler said there are other challenges facing business owners. Why are there no
separate residential and commercial building permit lines at the building dept. Why does it take 8
weeks for a building permit. Why does Grey Lady have to keep coming back every year for a
tent permit. Why is it so difficult to run a business in this town. Look at all the regulations that
are passed and have open conversations. It costs a heck of a lot of money to do anything in
Aspen. Those corporations offset a lot of the money that it takes to do business in Aspen. Why
are the laws causing the issues that hurt businesses to do business. Why aren’t there any
Regular Meeting Aspen City Council November 28, 2016
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incentives to do business. For every regulation that is passed repeal some old ones. Provide
some tax incentives for us to do business here and work with the landlords here.
14. Toni Kronberg said community character is not a new issue. There are three communities; resort,
guests and locals. Think about a rent controlled area of town for locally owned businesses.
15. Ward Houenstein said one of the goals of the moratorium is to simplify and streamline the
process. Zone it like you mean it. There will be unintended consequences if you start trying to
regulate formula buildings. Where does it stop. Does it make things more complicated. If you
don’t own the building you can’t afford to open a ski shop. Are we supposed to regulate by what
it serves or what the intent of the owner is. Trying to control rent in Aspen is against mother
nature. The only constant is change. Believe in balance.
16. Chris Hottel said he is married to Gretchen Bleiler. There is a ripple effect when local businesses
leave. He thanked council for taking the risk to have this conversation. This balance is
necessary.
17. John Bennett said there are three compelling reasons to support the idea for limiting formula
chains. Community character, opportunity for locals and economic sustainability. Aspen is a
unique small town. Our uniqueness is not automatic. If we level the playing field the odds are
that rents will become more affordable for locals. We will have tourist and local serving
businesses. Chain and funky businesses. It is about balance.
Mayor Skadron closed the public comment.
Mayor Skadron asked if we want staff to pursue a regulation around chain stores. If so, what does it look
like.
Ms. Garrow said if Council wants to move forward regulating chains in the downtown and historic
districts and Main Street. The goal is retaining community character. She suggests a conditional use
review for all building levels at the P&Z level. Business saturation. What does existing neighborhood
block look like and would a proposed chain add or detract.
Mayor Skadron asked for a comment on leveling the playing field. Mr. White said it might have an
indirect effect. The purpose is to regulate land uses. Any type of zoning can have indirect effects.
Councilman Daily said yes, I do want to pursue this form of regulation. It is one of the more difficult
areas in the land use regulatory areas. It is something this Council should play a hand in and I would
support the conditional use approach. He likes the way staff has recommended. It gives a nice
foundation to work from.
Councilwoman Mullins said she supports going forward with some reservations. We heard four reasons
including character of town. She has some concern about the locally serving – this can be any type of
chain stores. Locally owned can be a franchise. Affordable rent, she does not see where limiting chain
stores will make rent affordable. Conditional approval will not solve all these problems. We are
addressing some of these issues through the second tier development. Her biggest concern is how we will
get criteria that will work and be reasonable for town. It is the balance we need, the low end, moderate
and high end. Prada has a place and so does Gucci. She does support it in the CC, C1, MU and Main
Street.
Councilman Frisch replied yes. Size of buildings as well at what is in them matters to some point. Some
great work on height, FAR, public space, and parking. We did talk about what is inside and maybe we
should stay away from that. There are a lot of locals who own yoga and for the city to support the 6th
yoga studio it gets sticky. The reason it is important is sense of place. That is why there are 6,000 people
in town. It has to do with mountains and trails, built environment and historic preservation and the people
that are here. All those people have some sense and feel like they are missing something. This gets to the
mallization. The lower levels and second stories have successful local businesses. Instead of how much
has Aspen changed it is how much worse off could it be. Sense of place is worth protecting. There is a
Regular Meeting Aspen City Council November 28, 2016
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reason and place for the Milan place businesses. To me this is not just a next gen issue. I so think that
the desire for the ability to stay here and want a career and not just a job is a desire. Rents, seasonality
and the growing pop up and trunk shows are putting pressures on businesses. Our sense of place is not
here by chance. We need to be proud of the taxes that we have. Now is the time to try to honor some of
that. We are trying to fight the global forces of brands and the desire of trying to be here in Aspen. I have
a hard time seeing rents being dramatically different. I’m not sure if level the playing field is the right
term. When we started to focus on the C1 and CC I didn’t want to focus on locally owned and locally
serving but focus on nook and cranny spaces and making them as desirable as possible to open up a shop.
Conditional use gives me the heebie jeebies. That is a mess nobody wants to get in. I don’t understand
how a ban is not better off for the community. Zone it like you mean it. Conditional use is a can of
worms that will go pear shape. He would prefer exploring getting rid of the conditional use. In the long
haul if we can get over the legal ability of putting in a ban he would prefer that. He does hope we can do
something. He gets nervous about the conditional use. If we pursue a ban he is not sure we would have to
get in to the ground floor and basement. We should grandfather everyone who is existing.
Mr. Murdock said Sonoma enacted chain restrictions in 2012. They are pretty strict. They have allowed
three chain stores; Pete coffee, Williams Sonoma and an expansion of a California pizza. If it is locally
serving it is not that ambiguous.
Councilman Frisch said when you start writing the language maybe it can be really restrictive. Locally
owned, operating and serving. Mr. White said owned shouldn’t be part of it.
Mayor Skadron said it is the angst I’m being rejected by the core experience of my own town. The sole
of community is missing. Brand perception speaks to local character. Shared experience of core. Cuts
through economic stratification. Celebrate Aspens beautiful dichotomy. Our town should be sacred for
that shared experience. He supports the idea of limiting chain stores that is clear, fair and reasonable. He
is willing to try to pursue the goal that drives economic diversity. Unless we are willing to get involved
in a complex regulation process he is not sure it can be achieved. What if the first floor is exempted from
the ban. Councilman Frisch said he gave some pushback to Bert on this. There is something about the
walking experience, even if you aren’t going to buy anything. The sense of place gets disrupted. Mr.
Richman said the downtown gets defined as your image and identity of Aspen.
Councilman Frisch said he is more interested in the ban. Any business that has more than 11 stores
should not be allowed in the C1 and CC.
Councilwoman Mullins said you do need the balance. If you have an overall ban we may become so
funky.
Councilman Frisch replied I think we have enough existing branded businesses across the price point. I
don’t want to get rid of any of the ones we have. The balance is already here.
Mayor Skadron said he is ready to support the staff direction at this time.
Ms. Garrow said there are two items scheduled to review tonight that we did not get to.
December 5th we will talk about Growth Management and parking and have first reading on view planes.
This discussion will continue on December 12th.
At 11:10p.m. Councilwoman Mullins moved to continue the meeting to November 29th at 4:00p.m.;
seconded by Councilman Frisch. All in favor, motion carried.
Tuesday November 29, 2016
At 6:09 p.m. Mayor Skadron called the continued regular meeting to order.
At 6:10 p.m. Councilwoman Mullins moved to go in to executive session pursuant to C.R.S. 24.6.402 b;
seconded by Councilman Daily. All in favor, motion carried.
Regular Meeting Aspen City Council November 28, 2016
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At 7:05 p.m. Councilman Frisch moved to come out of executive session; seconded by Councilwoman
Mullins. All in favor, motion carried. Councilman Frisch moved to adjourn the meeting; seconded by
Councilman Daily. All in favor, motion carried.
Linda Manning, City Clerk