HomeMy WebLinkAboutminutes.council.20170508Regular Meeting Aspen City Council May 08, 2017
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SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2
CITIZEN COMMENTS ............................................................................................................................... 2
COUNCILMEMBERS COMMENTS .......................................................................................................... 2
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #86, Series of 2017 – Approval of Contract between City of Aspen and Ossberger Hydro
USA Inc ........................................................................................................................................................ 3
Resolution #76, Series of 2017 – Parks Fleet Electric Vehicle Contract .............................................. 3
Resolution #87, Series of 2017 – Approval of a Contract with Reliant Heating & Air Conditioning
Services LLC for a Boiler Replacement at Marolt Ranch ............................................................................ 3
Minutes – March 27 and April 3, 2017 ................................................................................................. 3
Resolution #88, Series of 2017 – Change order for Enterprise Resource Planning (ERP)
Implementation Contract with CherryRoad Technologies ........................................................................... 3
ORDINANCE #16, SERIES OF 2017 ............................................. –Water Efficient Landscape Ordinance
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ORDINANCE #17, SERIES OF 2017 – Tobacco 21 Initiative – Raising the Legal Age to Purchase
Tobacco Products and Creating a Local Tobacco Sales License .................................................................. 4
ORDINANCE #15, SERIES OF 2017 – ACI Supplemental Budget ........................................................... 5
ORDINANCE #13, SERIES OF 2017 – APCHA Supplemental Budget ..................................................... 5
ORDINANCE #14, SERIES OF 2017 – Spring Supplemental Budget ........................................................ 5
ORDINANCE #12, SERIES OF 2017 – 104 S. Galena Street and 533 E. Main Street, St. Mary’s Catholic
Church – Growth Management and Vested Rights....................................................................................... 6
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Daily and
Mullins present.
SCHEDULED PUBLIC APPEARANCES
Mayor Skadron introduced and welcomed Sara Ott, the new assistant city manager. She comes to us from
Washington Township Ohio where she was the township administrator. She has a master’s in public
administration from Kansas University. Her husband and two elementary school age children came here
with her.
Shirley Ritter and the Kids First Team introduced the children from the Early Learning Center who were
welcomed by the Council. Councilwoman Mullins read the Month of the Young Child Proclamation.
Shirley talked about the upcoming activities including the parade which will be the 27th one. The Mayor
will be leading off the parade.
Arbor Day Proclamation. Councilman Daily read the proclamation proclaiming May 13th as Arbor Day in
Aspen. Ben Carlson, forester, said the Arbor Day celebration will be May 13 from 10 am to noon in
Paepcke park.
Mayor Skadron read the Municipal Clerk Week Proclamation celebrating May 8th through 13 as Clerk
Week.
CITIZEN COMMENTS
1. Emzy Veazy III commented on a variety of topics.
2. Toni Kronberg thanked Art and Ann for serving the last four years. She asked to have Ordinance
14 pulled. She stated she filed a request in district court for judicial review for the city office
building. She stated she filed a referendum petition with the Clerk today. She asked Council to
bring it to a vote. Jim True, city attorney, stated he does not represent Ms. Kronberg he
represents City Council. He disagrees with some of the things she raises. He did say that a
district court judge may be necessary to change his opinion.
3. Laura Armstrong, climate program associate, said there is an electric vehicle sales event now
through June throughout the roaring fork valley. With these discounts there is 12 to 24 thousand
dollars off an electric vehicle. To learn more visit garfieldcleanenergy.org.
4. Ward Hauenstein said there is electronic recycling at Community Bank this Saturday.
COUNCILMEMBERS COMMENTS
Councilman Frisch thanked Linda for running a great glitch free election. He gave a hats off to the Mayor
for remaining on the high road during the election. To Ann for clearing the hurdle, it will be great to
work with you again. To Art, it was disappointing you came up short. I hope thoughtful governance
becomes a mantra of city hall. Hats off to Skippy and Sue for running as well. Best of luck to Ward and
Torre for the runoff.
Councilwoman Mullins gave congratulations to the Mayor. She thanked Linda for running a very good
election process. She welcomed Sara. She said she is most pleased for being back here another four
years. She said she will miss Art. She thanked her supporters. For those who did not support her, she
looks forward to speaking with them and talking about their concerns and interests.
Councilman Daily thanked the community for the last four years. He truly enjoyed it. It is an honor.
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Mayor Skadron thanked all the candidates for jumping in. It is hard to run for public office. Democracy
is alive and healthy in Aspen. The date of the runoff is June 6th. Ms. Manning said ballots are schedule to
go in the mail on the 18th. Early voting will start in the clerk’s office on Monday the 22nd and go
everyday until election day from 8 in the morning until 5 in the afternoon. We will have Saturday voting
on June 3rd from 9 to 2 in the clerk’s office. On election day, voting will be in here like it was for the
regular election from 7am to 7pm. If you are going to be away from your home and not receiving mail
but still in the United States, you can request an absentee ballot be mailed to you. The form is on the
website, cityofaspen.com. Return the form to us and we will mail a ballot to whatever address you
request. If you will be outside of the United States, you can request a ballot be emailed to you via a
special absentee PDF ballot. For an absentee or special absentee ballot, we need to receive the request
form prior to the Friday before the election, June 2nd. Email elections@cityofaspen.com for more
information.
CONSENT CALENDAR
• Resolution #86, Series of 2017 – Approval of Contract between City of Aspen and Ossberger
Hydro USA Inc
• Resolution #76, Series of 2017 – Parks Fleet Electric Vehicle Contract
• Resolution #87, Series of 2017 – Approval of a Contract with Reliant Heating & Air
Conditioning Services LLC for a Boiler Replacement at Marolt Ranch
• Minutes – March 27 and April 3, 2017
• Resolution #88, Series of 2017 – Change order for Enterprise Resource Planning (ERP)
Implementation Contract with CherryRoad Technologies
Councilman Frisch moved to adopt the Consent Calendar; seconded by Councilman Daily. All in favor,
motion carried.
ORDINANCE #16, SERIES OF 2017 –Water Efficient Landscape Ordinance
Lee Ledesma, utilities, told the Council these recommendations are part of Aspen’s integrated water
supply system. The ordinance recommends the top recommendations from the plan that was adopted in
2015. In August when stream flow starts to diminish but we still have a high amount of irrigation use
taking place in the community. We are recommending a 12 month pilot phase where the documentation
is required but we would forgo the water budget requirement as well as the requirement with post
installation requirements. Another change is adding the Colorado state university extension fire wise
plant list requiring fire wise plants in moderate and high fire zones. The parameters surrounding exterior
shut off valves would be first if it was declared a drought. Second is if 50 percent of an accounts use is in
the fourth tier it may trigger the valves potential use. The grey water program will have more evaluation
during the pilot phase. 7.5 gallons equates to 14 percent savings. We created three examples of how a
landscape install meets the 7.5 gallon budget. The first example is 7,000 sq ft of irrigated space. Turf
takes up 1,700, moderate 1,900 and low is 3,300. This meets the water irrigation budget. Turf in front,
low water plantings on either side of the drive with a circular area of turf in the back bordered by
moderate. The next example has 3,600 of turf, 1,300 of low water and ,2800 of very low water use. The
street front has two turf are in front boarded by low water plants. There is a large turn area in the back
with moderate and low water use. The last example has 1,000 of turf, 3,700 of moderate and 677 of low
and 1,400 of high. There is a small turf area in front, low along the window, very low along drive. The
backyard has raised beds considered high, and a modest area consistent of moderate. All three would
meet the water budget. We are planning to come back for a check-in in the fall. Prior to full
implementation in the spring we will finalize the standards.
Councilwoman Mullins said the examples are good. Ms. Ledesma said there is quite a bit of variety.
Councilwoman Mullins said what you put together is a very good ordinance. What is the significance of
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50 percent usage in tier four. Ms. Ledesma said we tried to come up with a percentage that when looking
at current account use gives us two to ten percent of accounts hit during the year. Councilwoman Mullins
asked what customers would trigger that. Ms. Ledesma said they would have to use over 140,000 gallons
a month to hit that. Councilwoman Mullins asked who will monitor the objectives. Ms. Ledesma said the
plan portion parks will take the lead. As far as checking on what is happening with the accounts, that will
be the responsibility of the utility agency. We are the first water provider on the west slope looking at
adopting a landscape ordinance.
Councilman Daily said he very much supports this concept. It is a great first step forward.
Councilman Frisch said he is supportive of the overall plan. Normally the assumption is the more green
the better in Aspen. Now we are pushing less green and more desert scape. He is concerned that he sees
more contrived and less natural happening. The trial period is great and he wants to make sure we
balance out the community values and don’t have un natural landscape in a very natural setting. Are there
other ways to chase up our bigger water goals. He is concerned with the esthetic.
Mayor Skadron said this promotes water conservation and prevents waste. When you picked your goal to
decrease water demand by 14 percent did you factor in 40 percent of customers are outside city limits.
Ms. Ledesma replied yes. We are a City of Aspen utility so it is a utility goal. It is the community water
supply we are looking to protect. Mayor Skadron asked is the pilot long enough. Ms. Ledesma said we
are coming back in April and can recommend extending it. Parks may feel they need more time. Right
now it is a minimum of 12 months.
Councilwoman Mullins moved to read Ordinance #16, Series of 2017; seconded by Councilmember
Frisch. All in favor, motion carried.
ORDINANCE NO. 16
(SERIES OF 2017)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN – UTILITIES 1,2,3- TO ADD A
NEW CHAPTER 25.360 ENTITLED: WATER EFFICIENT LANDSCAPING STANDARDS.
Councilman Daily moved to adopt Ordinance #16, Series of 2017 on first reading; seconded by
Councilwoman Mullins. Roll call vote. Councilmembers Mullins, yes; Daily, yes; Frisch, yes; Mayor
Skadron, yes. Motion carried.
ORDINANCE #17, SERIES OF 2017 – Tobacco 21 Initiative – Raising the Legal Age to Purchase
Tobacco Products and Creating a Local Tobacco Sales License
C.J. Oliver, environmental health, stated this would raise the legal age to purchase tobacco products in the
City of Aspen from age 18 to 21. It would also create a local tobacco sales license. It would start January
1, 2018. Dr. Kimberly Levin, Pitkin County board of health is here tonight to answer question. There
have been some adjustments form the work session to the ordinance language mainly around the use of
undercover agents.
Councilman Frisch said he is supportive of this. He wants to make a plug that to be most effective we
need to get involved in a city tax. Colorado has one of the lowest taxes. Price is one of the biggest
reasons to take up smoking.
Councilwoman Mullins said she spoke to CJ earlier. The 3rd paragraph needs to be clarified.
Councilman Daily said he has two boys between the ages of 18 and 21 and he very much supports this.
Mayor Skadron said the goal is to reduce tobacco use and save lives.
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Dr. Bill Mitchell said when he first move here aspen was one of the first cities to ban smoking in
restaurants. Our youth need help. This is one more time to step up and help them. There are 120 cities
that have adopted this program. 90 percent of life long smokers started before the age of 18.
Councilman Daily moved to read Ordinance #17, Series of 2017; seconded by Councilman Frisch. All in
favor, motion carried.
ORDINANCE NO. 17
(SERIES OF 2017)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
TITLE 13 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN – HEALTH AND QUALITY OF
ENVIRONMENT – TO ADD A NEW CHAPTER 13.25 ENTITLED: LICENSING OF TOBACCO
RETAILERS.
Councilwoman Mullins moved to adopt Ordinance #17, Series of 2017 on first reading; seconded by
Councilman Daily. Roll call vote. Councilmembers Daily, yes; Frisch, yes; Mullins, yes; Mayor
Skadron, yes. Motion carried.
ORDINANCE #15, SERIES OF 2017 – ACI Supplemental Budget
Pete Strecker, finance, stated 4.25 million dollars roll forward to finish off the construction project. This
expense has an associated revenue to pay for the cost of the construction.
Mayor Skadron asked about the state of completion. Mr. Wheeler replied July 1st.
Councilwoman Mullins moved to adopt Ordinance #15, Series of 2017; seconded by Councilman Daily.
Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Daily, yes; Mayor Skadron, yes. Motion
carried.
ORDINANCE #13, SERIES OF 2017 – APCHA Supplemental Budget
Mr. Strecker told the Council there is 125,000 in the request comprised of four items. 58,000 is for a new
enforcement position, 30,000 to assist for a database design and cleanup, 20,000 for landuse review work
for the tax credit program and 17,000 for work station carry forward.
Councilwoman Mullins asked about the schedule for the database. Cindy Christensen, housing, replied
they hope to have an interim database by the end of July. We are hoping to put out another RFP by the
end of June with a simplified ask.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment. Councilwoman Mullins moved to adopt Ordinance #13, Series of 2017; seconded by
Councilman Daily. Roll call vote. Councilmembers Mullins, yes; Frisch, yes, Daily, yes; Mayor
Skadron, yes. Motion carried.
Councilman Frisch moved to reconsider Ordinance #15, Series of 2017; seconded by Councilwoman
Mullins. All in favor, motion carried. Mayor Skadron opened the public comment. There was none.
Mayor Skadron closed the public comment. Councilman Frisch moved to adopt Ordinance #15, Series of
2017; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Mullins, yes;
Daily, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #14, SERIES OF 2017 – Spring Supplemental Budget
Mr. Strecker said the total budget is 38 million mostly to roll forward unspent capital authority for
ongoing projects. 829,000 for new requests mostly related to the Red Brick roof repair, 539,000.
140,000 for the long term water plan. Comdev and police also have a few smaller requests. Adjustments
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since last reading include a reduction of 121,000 in capital carry forward related to the police department.
There is also money included to readopt the departmental savings.
Mayor Skadron opened the public comment
1. Toni Kronberg said there is money for Galena Plaza and asked what it is for. Jack Wheeler,
asset, said it is money for the plaza project that was started two years ago and these are punch list
items that have not been closed out.
Mayor Skadron closed the public comment.
Councilman Daily moved to adopt Ordinance #14, Series of 2017; seconded by Councilman Frisch. Roll
call vote. Councilmembers Daily, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #12, SERIES OF 2017 – 104 S. Galena Street and 533 E. Main Street, St. Mary’s
Catholic Church – Growth Management and Vested Rights
Amy Simon, community development, told the Council that HPC reviewed a proposal for an addition
with the purpose of creating a social hall. Council was provided with call up notice. Council remanded
the approval back to HPC to reconsider the above grade portion of the social hall. The application needs
a few more approvals before they can move to building permit. After this meeting the applicant will
return to HPC for landscape and materials. Dealing with growth management, this qualifies as an
essential public facility. We have dealt with those on a case by case situation. For this project they are
adding just under 9,000 sq ft. If this were a new restaurant downtown that would require mitigation for
around 15 new employees. The boards did not feel that was relevant for this space. They have 3.5
employees that are on staff now. The space won’t be used 24 hours a day. HPC and APCHA felt it
would not be appropriate to require the same level of mitigation that it would for a restaurant or retail
space. The tool that has been suggested by APCHA is an audit two years after completion. The second
item is extension of vested rights. The project atomically receives three years but the applicant is asking
for 10 partially due to the cost and fund raising. We currently have a building permit in for an interior
remodel. Staff does support the request. We looked at if there are any code amendments on the horizon
that may effect this project and don’t foresee any.
Patrick Rawley, Stan Clauson Associates, and Marina Skiles, Charles Cunniffe Architect, representing the
applicant reviewed the approvals. The church is a very active parish. The subgrade addition will
accommodate the current and future needs without increasing employees. The vesting extension will give
time to raise a substantial amount of money for the addition. Father Hilton is the only full time employee.
There is a deed restricted housing unit in Hunter Creek. APCHA and HPC have recommend the audit and
the church fully supports it.
Councilman Daily said he appreciates the modest scale of the above grade addition.
Councilwoman Mullins asked if we have had any audits completed. Ms. Simon said the audits that have
been completed have not resulted in the need for additional mitigation. Councilwoman Mullins said it is
a valid method.
Councilman Frisch said the architectural solutions have been great. He thinks at some point we should
have some type of bucket for essential public facilities. We should stick to a five year vesting and if good
faith they can come back. 10 years is a lot. He will support what the rest of council does but will suggest
we stick to five years. The mitigation rate for essential public facilities he supports an audit. Would be
nice to take the onus off of APCHA and put it on the applicants.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
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Councilman Daily said he would not be uncomfortable with five years. It would put some healthy
pressure to complete.
Councilwoman Mullins said she is supportive of the growth management audit. She is not supportive of
the vesting. She has always pushed for the three year vesting period particularly if the land use code has
continued to evolve.
Mayor Skadron said he would support a five year vesting period. Councilwoman Mullins said she would
support five. Mayor Skadron said what is on the table is five year vesting and a growth management
audit after two years.
Councilwoman Mullins moved to adopt Ordinance #12, Series of 2017 amending Section 2 to five years
vesting; seconded by Councilman Frisch. Roll call vote. Councilmembers Frisch, yes; Daily, yes;
Mullins, yes; Mayor Skadron, yes. Motion carried.
Councilmember Frisch moved to adjourn at 7:00 p.m.; seconded by Councilmember Daily. All in favor,
motion carried.
Linda Manning
City Clerk