HomeMy WebLinkAboutminutes.council.20170828Regular Meeting Aspen City Council August 28, 2017
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CITIZEN COMMENTS ..................................................................................................................................... 2
COUNCILMEMBERS COMMENTS .................................................................................................................. 2
AGENDA DELETIONS AND ADDITIONS .......................................................................................................... 3
BOARD REPORTS ........................................................................................................................................... 3
CONSENT CALENDAR .................................................................................................................................... 3
• Resolution #114, Series of 2017 – Renewable Energy Mitigation Program 2017/2018 Projects &
Programs Fund Authorization ....................................................................................................................... 5
• Resolution #117, Series of 2017 – Contract with Design Workshop for Aspen Mobility Lab ............... 5
• Resolution #115 &116, Series of 2017 – 540 Employee Housing Construction GMP and contingency
process for 540 E Main St ............................................................................................................................. 5
• Resolution #118, Series of 2017 – Old Powerhouse Construction change order ................................. 5
• Resolution #119, Series of 2017 – General Obligation Bond Ballot Question for financing of Woody
Creek Property .............................................................................................................................................. 5
• Minutes – August 14, 2017 ................................................................................................................... 5
NOTICE OF CALL UP ....................................................................................................................................... 5
NOTICE OF CALL UP – Notice of HPC approval of Conceptual Major Development, Demolition,
Residential design Standard Review, Commercial Design Review, Special Review and Setback Variances
for 210 W. Main Street, HPC Resolution #16, Series of 2017 ....................................................................... 6
ORDINANCE #22, SERIES OF 2017 – Reed Compliant Sign Code Updates .................................................... 7
EXECUTIVE SESSION ...................................................................................................................................... 8
Regular Meeting Aspen City Council August 28, 2017
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin, Mullins,
Hauenstein, and Frisch present.
CITIZEN COMMENTS
1. Emzy Veazy III said Aspen should have a menorah for the holidays. He also said Aspen should
cut ties with Bariloche.
2. John Rigney. Aspen Ski Co. thanked the City for the support during the world cup last March.
He gave the Councilmembers signed bibs by the women’s overall champion. He also gave a
commemorative bib for the city to hang in their new building. Mayor Skadron said the event was
fantastic. The Ski Company did the heavy lifting. It is a generational event. It made Aspen look
great and we could not have been prouder to have been working beside Ski Co.
3. Peter Greeney spoke about the civic center and connectivity. Galena plaza acts as a town square.
There is one bike path connection through the super block, jail trail. His hope is to study a
connection for better pedestrian and bike movement through the site. It will also help revitalize
Obermeyer. The upper entrance to the garage is dead space and could be transform to a
pedestrian way. Vitality could be in the form of a possible café to help activate the plaza. On
architecture, does the design represent the spirit of the community.
4. Toni Kronberg said for the special meeting on September 5th to set ballot language for the tobacco
tax, she again asked council to put the civic building on the ballot as well.
COUNCILMEMBERS COMMENTS
Councilwoman Mullins said the eclipse celebration on the plaza was spectacular. It was the nicest event
she has been to in a long time. The community picnic is September 10th and she is hoping for the same
kind of dynamic. To Peter, I owe you an email. The first idea for identifying different opportunities will
be addressed with Design Workshop. You are right on with the architecture comments. Keep
questioning. We had a great meeting with the BOCC and quite a few goals overlapped.
Councilman Myrin gave a thanks to Ward for covering the climate action meeting. On Columbus day,
Steve asked me to email staff and this year also ended in a dead end. If there is not support from Council,
this will also end in a dead end. Other communities have added a second day and some have rebranded
the existing day. Councilwoman Mullins said she thinks Denver was the first to do it. Mayor Skadron
said Council is supportive in having staff look in to this. Councilman Myrin said on the mobility lab he is
interested in the number of vehicles that start on this side of the Castle Creek bridge and end up on the
same side of it. This will be a bigger issue with the Glenwood Spring bridge. Peter’s suggestion on
Bleeker St to the garage is excellent.
Councilman Hauenstein mentioned the tragic events of Capital Peak and said to be mindful before you
go. Our hearts go out to the three that have died in the last eight days. It is not a hike. I’ve been on the
knife edge. Be careful out there.
Mayor Skadron said Capital Peak is tough. All 14ers are challenging. Saturday the 9th is the mac and
cheese event. August 30th is the Motherlode. The 31st is the pub crawl. Go to aspenhistory.org for more
information.
He also asked about the mobility lab and the benchmarks we are trying to hit and asked when will we
have a more formal presentation. Ashley Perl, environmental health, said we can do a work session.
Regular Meeting Aspen City Council August 28, 2017
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AGENDA DELETIONS AND ADDITIONS
Election of Mayor Pro Tem and committee appointments. Mayor Skadron nominated Councilwoman
Mullins for Mayor Pro Tem; seconded by Councilman Frisch. All in favor except Councilman Myrin. A
work session will be scheduled to appoint Councilmembers to the other committees.
Jim True, city attorney, added to the executive session an additional water diligence case, Heinz case
16C3110.
BOARD REPORTS
Councilwoman Mullins attended the Board of Health meeting. This use to be community health services.
10 years ago the State added more requirements, emergency preparedness and disease control. It has been
split in to community health and public health. There has been a new director since January. They
discussed the preliminary budget last meeting. For more information contact Councilwoman Mullins.
The Mayor attended the CAST meeting in Silverthorne. They are working on getting housing projects
done, with and without private partners. Silverthorne is excited about a new downtown district. They
also heard from the forest manager from the white river district.
CONSENT CALENDAR
Reso #114 – REMP
Mona Newton, CORE, spoke about the funding request. They come here after going to the BOCC for
approval. This started in 1999. Buildings over a certain size and include snow melt, hot tubs or pools as
part of a structure require mitigation on site or by paying in to the program. CORE creates programs to
offset consumption by at least two times. They use the funds for rebates and grants throughout the valley.
They are requesting 2.3 million for the grant and rebate programs. Marty Treadway, grant manager, is
also here. He said this year the UDAL grants totaled 1.5 million in requests. Eight were recommended to
receive funding for 550,000 dollars. The Waldorf School is asking for funding for a boiler replacement
for 20,000 dollars. The City of Aspen police department is 135,000 dollars to improve the envelope and
solar. CRIMPI is 50,000 to improve a cabin to be off the grid and for irrigation. The landfill is asking for
75,000 for a PV system to offset electric use. The Roaring Fork Conversancy is requesting 50,000 dollars
for envelope upgrade and a boiler. The Roaring Fork School District Riverview School is requesting
100,000 for solar for a 100 percent offset. St. Benedict Monastery is asking for 75,000 dollars for solar.
TOSV is asking for 50,000 dollars for the discovery center. We have been working for the last few years
to get large scale solar production in the valley.
Ms. Newton reviewed the community grants. She said they allow up to 10,000 dollars and fund projects
in the works. The energy design assistance grants and REACH program has expanded to the Garfield
County line. The Net Zero program gives incentives to home owners trying to reach net zero. The
Energy Smart program included rebates. There is a new request for 100,000 for a new initiative. They
are also requesting 190,000 for administrative items.
Councilwoman Mullins said the BOCC is matching the funds, is this the first time. Ms. Newton replied
they are not matching. Councilwoman Mullins said there is a really high fund balance. Ms. Newton said
it is in order to protect some of the principal or to continue the program for two years. Councilwoman
Mullins asked for bullet points for how the programs are funded. Mr. Treadway replied energy savings,
community benefit, project stability, innovative technologies and urgent opportunity.
Councilman Myrin said Snowmass is benefiting from a 50,000 dollar grant, do they have a version of
CORE that doesn’t let people outside of Snowmass benefit. Ms. Newton replied yes. They used a good
portion of that to fund upgrades to snowmelt road. Councilman Myrin said he is concerned that we are
giving money to Snowmass and their money is not opened to the rest of us. The new initiative is very
valuable. Possible change of working towards leed certification to zero carbon. The two are very
different and conflicting.
Regular Meeting Aspen City Council August 28, 2017
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Councilman Hauenstein said one of our goals was regionalism and this is an example of that. I applaud
CORE on this.
Councilman Frisch said Mona and Marty do fabulous work. Overall from a micro standpoint I support
this. I think we should have a work session to discuss how the funds are distributed. One of the
frustrations for the county as well is seeing the funds go other places when they could be used here. It is
great work and we are lucky to have this program.
Mayor Skadron said REMP gives property owners this choice. Have those that requested in the past got
the money they requested. What percent of applicants are following through. Ms. Newton replied 9 out
of 10. They have a two year contract now with a one year extension. Most are on track.
Reso #115 & 116 – Employee housing at 540 E Main St
Councilman Hauenstein stated this is 5.4 million dollars for eight units for employee housing for City
employees. Jack Wheeler, asset, replied correct. Councilman Hauenstein said this is a philosophical
issue that City money is going for workforce housing for a small segment of the population. He is
concerned that a large amount of money is going to a special group and that special group happens to be
city employees. How many people are we paying to oversee the project. Mr. Wheeler said there are three
firms other than Shaw including Cunniffe and Ambien energy who is working on the roof, envelope and
ensuring the systems are performing to spec. NV5 does construction oversite as well as project
management. Councilman Hauenstein said there are four entities to oversee construction. Mr. Wheeler
replied that is typical. Everyone is doing what they do. It is not out of the ordinary. Councilman
Hauenstein asked if it will be a mix of bedrooms. Saul Abrahams, project manager, stated it will be two
and three bedrooms. Councilman Hauenstein asked if the employees will have to qualify under APCHA
guidelines. Barry Crook, managers office, replied they will be required to qualify under APCHA
guidelines. Mr. Wheeler said the building is 9,700 square feet. The cost is 5.58 dollars per square foot.
The hard costs are under 300 dollars per square foot.
Councilman Myrin asked if the possibility of some of the units as for sale has been raised. Mr. Crook
said it is a possibility. Councilman Myrin said the concern about selling is future council wanting to redo
that space council has to buy that space back. If there was a choice I would lean to not having them for
sale units. Councilman Hauenstein said if a person is no longer an employee do they have to sell them
back. Mr. Crook said they have six months to sell it back. The appreciation is the same as the APCHA
guidelines but the city takes 40 percent of that because we maintain the major systems.
Councilman Frisch said the decision on the makeup of rent versus sales was that tied anyway to the
consent agenda. Mr. Wheeler replied no. Right now, the lot is subdivided from the garage and the APD.
It is a determination made by the managers office and HR as well as retention.
Reso #118 – powerhouse
Councilwoman Mullins asked if HPC has seen this. Mr. Wheeler replied staff has worked closely with
Amy. It will not go before the commission because there is no exterior work. Councilwoman Mullins
asked how long is ACRA down there. Mr. Wheeler stated three to five years. Councilwoman Mullins
said looking at the money being spent what is ACRA paying for. Mr. Wheeler said they are paying for
everything that is not part of the building.
Reso #119 – GO Bonds
Councilwoman Mullins asked what is the alternative if this doesn’t pass. Don Taylor, finance, replied he
is not sure when the closing is set for but we will come back and do a lease purchase or a work out with
cash. We will likely be out of compliance with our financial policy for a period of time. Councilwoman
Mullins asked if he would look at COPs. Mr. Taylor said that is for the Council to decide. We would
give you that option with a cash scenario.
Regular Meeting Aspen City Council August 28, 2017
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Councilman Myrin made a comment on Resolution #117. He would like to focus on Castle Creek more
than Red mountain and east of town.
• Resolution #114, Series of 2017 – Renewable Energy Mitigation Program 2017/2018 Projects &
Programs Fund Authorization
• Resolution #117, Series of 2017 – Contract with Design Workshop for Aspen Mobility Lab
• Resolution #115 &116, Series of 2017 – 540 Employee Housing Construction GMP and
contingency process for 540 E Main St
• Resolution #118, Series of 2017 – Old Powerhouse Construction change order
• Resolution #119, Series of 2017 – General Obligation Bond Ballot Question for financing of
Woody Creek Property
• Minutes – August 14, 2017
Councilman Frisch moved to adopt the consent calendar; seconded by Councilman Hauenstein. All in
favor, motion carried.
NOTICE OF CALL UP – Notice of HPC approval of Conceptual Major Development, Demolition,
Relocation, Floor Area Bonus, Setback and Residential Design Standards Variation for 209 E. Bleeker,
HPC Resolution #17, Series of 2017
Amy Simon – HPC granted conceptual approval. Some of you may have seen a version of this project
before. The Hayes property was purchased in 2015 after the family had owned it for 60 years. The new
owner came through HPC with a proposed redevelopment. It was approved and went to building permit
then the property changed hands again. The new purchaser came back to HPC with a fairly similar plan
except they were proposing a duplex instead of single family, restoring the original Hayes cabin and
building a new unit, completely detached behind it. HPC and staff are supportive of the design. This
house has been dramatically remodeled. As the Hayes family grew they added a second story and a front
porch. We do have good information as how to restore it. It will involve a certain amount of
reconstruction. For that reason there was some discussion at HPC about what kind of bonuses and
incentives should be offered. Staff and HPC like the massing and support the general concept. We went
back and forth about should there be a reduction in setback variance or floor area bonus. There was a
compromise reached. HPC granted a unanimous approval. A 400 square foot floor area bonus was
granted as well as a side and rear yard setback variation. After this we go to final review at HPC where
we will talk about materials, landscape, lighting and things like that.
Councilwoman Mullins said with the duplex, how much FAR is allowed and how much are they
proposing. Ms. Simon said they are proposing 3,600 square feet plus a 400 square foot bonus from HPC.
A single family home is 360 square feet less than a duplex. HPC spoke about that at length and came up
with a compromise. Councilwoman Mullins said the bonus is being reduced by 100 square feet is that
equivalent to the setback. Ms. Simon said they saw revisions to the massing that HPC thought addressed
the concerns of overburdening the site and accepted the plan with the reduced square footage.
Councilwoman Mullins said she likes the idea of having the historic resource stand alone. It will help
maintain its character. It is a good restoration.
Councilman Hauenstein asked are they asking to demolish and add on to the original Victorian and add
on to that. Ms. Simon replied what is removed is impressive and they will have to do some building to
put it back. Councilman Hauenstein said getting a bonus on a really crowded lot seems to be adding more
density. HPC has decided this is the right bonus. Ms. Simon said it was discussed at length at two
hearings. Councilwoman Mullins said you originally suggested 250. Ms. Simon said they threw out a
few different options including awarding a bonus but asking for a TDR to be sold.
Regular Meeting Aspen City Council August 28, 2017
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Councilman Frisch asked if the house can be torn down. Ms. Simon said it is not being torn down. The
non historic parts will be demolished. He asked if someone could buy the land and scrape the entire
building. She said it would have to go through a delisting process. He said staff came up with a different
bonus deal than what HPC did. It also went unanimous. Staff also had concerns with providing too much
bonus. Ms. Simon replied that staff and HPC were not on the same page. Councilman Frisch said one of
our top 10 goals is a check in with our boards. There seems to be a growing underappreciation if an
application doesn’t get every square foot. It is hard for me to want to question or challenge HPC
especially when it is unanimous. I think there is a different alignment between Council, HPC and staff. It
is starting to show in some of the approvals that are happening.
Mayor Skadron said I’m trying to understand where reasonable incentives become excessive and it start
with floor area bonus. It is a bit where Adam is going. Should the 400 not be supported what happens to
the property. If the applicant fails to get a 400 bonus and only 200 what happens. Ms. Simon said they
could redesign. They still have the right to do the duplex. We would not have had this discussion and we
support these bonuses when they do good work. Jessica Garrow, community development, said it might
be worth wile at a future work session to discuss these bonuses as a policy discussion. As staff, we own
our recommendation and did have some concerns on the total square footage going on this property.
Councilwoman Mullins said we don’t that often see a duplex on a historic lot. When you do it seems very
crowded. To add 400 square feet seems excessive. You hate to use a particular applicant as an example.
If they are doing a great job of restoration that is why we have it. It will be stand alone and maintain
historic character. It may be a discussion for council if for a duplex the bonus is available. It is hard to
argue that HPC made the wrong decision. I think we need to look at duplex development as soon as
possible.
Councilman Frisch said while I don’t want to get into policy now. Staff made a recommendation that
HPC overrode unanimously. It is a higher level of concern that we don’t have administrative backing.
I’m not sure we are fully honoring why some of these buildings were designated in the first place. The
question is from a call up process is we can have HPC question the square foot given.
Councilman Myrin said he thinks Jessica had an excellent idea. He asked for a listing of callups for the
past year and the issues with those.
Mayor Skadron said Council supports the call up.
Councilman Hauenstein moved to call up HPC Resolution #17, Series of 2017; seconded by Councilman
Frisch. All in favor, motion carried.
NOTICE OF CALL UP – Notice of HPC approval of Conceptual Major Development, Demolition,
Residential design Standard Review, Commercial Design Review, Special Review and Setback Variances
for 210 W. Main Street, HPC Resolution #16, Series of 2017
Justin Barker, community development, told the Council, this project involves demolition of the current
building and will build back eight affordable housing units for credit generation. It went through three
HPC meetings. The project will consist of three smaller buildings. Several variations were granted for
floor area increase, height increase, set back reductions and a parking reduction. The code allowed for
these with the special review. Staff pushed for a slopped roof for one form but HPC determined that the
context of no other historic structures and the transition point it was appropriate for the flat green roofs. It
was a unanimous vote from HPC. The next steps are growth management review and final HPC review.
Councilman Frisch asked if this was reviewed by HPC because of the district. Mr. Barker replied correct.
Councilman Hauenstein asked what is the setback. Mr. Barker stated normally 10 feet.
Councilwoman Mullins said there are requirement to replace the affordable housing if a unit has ever
been lived in by a local worker. Mr. Barker replied potentially yes. Currently there is one affordable
housing unit on site. What they are proposing would far surpass that. Councilwoman Mullins asked what
Regular Meeting Aspen City Council August 28, 2017
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is the special review process. Mr. Barker said it is an additional review for requests associated with
particular variations built into the Mixed Use zone. They are based on the context of the surrounding
zone. He gave the example of additional parking provided within the site or surrounding vicinity.
Councilman Hauenstein said for the parking reduction he generally does not like cash in lieu. He would
rather see alternate mobility. Mr. Barker said they are not paying cash, HPC just reduced the parking by
one.
Councilman Frisch said he knows the existing building and it is in need of any in Aspen. This has
basically been affordable housing just run by the free market. There is no doubt that if anyone wanted to
build a free market condo they would have a hefty bill. There is some value in wheeling and dealing a
bit. He is not sure he wants to get involved in calling this up based on the special review process.
Councilman Myrin said he does not have much to say on the box.
Mayor Skadron said he supports the HPC recommendation and is not desirous of a call up.
Councilwoman Mullins said yes we want affordable housing but it seems like through the special review
we would get a 1,500 square foot floor area increase and one foot higher and the elimination of one
parking space. It is a really big package of incentives. It is also in the Main Street historic district. She
would like to see it looked at again. Mayor Skadron said the mass and scale are in line with the
neighboring properties.
Councilman Frisch asked if the FAR has to do with the livability or did they capture more units. Mr.
Barker said there would be less units on site. Councilman Frisch said APCHA has minimum units.
Without the increase they wouldn’t meet them. Mr. Barker said there would be fewer units. The
replacement requirements make them provide 8 units in one form or another.
Ms. Garrow said this is under the old code. This is likely the last project you will see under these
parameters.
Councilman Frisch said he is fine with it as proposed.
Mayor Skadron said this will not be called up.
ORDINANCE #22, SERIES OF 2017 – Reed Compliant Sign Code Updates
Phillip Supino, community development, stated this code amendment is a result of the Supreme Court
decision Reed versus the Town of Gilbert in 2015 requiring sign codes to be content neutral. If you have
to read the sign to determine if it complies with the code it is not content neutral. What can be regulated
includes size, material, portability, commercial vs residential, number, time restriction and things like
that. The policy goals include does it comply with the requirements of first amendment. Ensure
appropriate balance of community ascetics. Maintain public health and safety. Limit the proliferation of
excessive signs. Meet informational, advertising, wayfinding and speech needs.
Direction received from Council to date.
Unify construction site content. Develop concept and process for construction site screening art. Both of
these live in the Construction Management Plan and will be a subsequent discussion.
Provide options for sandwich board signs. Maintain the status quo or eliminate them. Mr. Supino
provided four options:
Eliminate sandwich boards which would result in zero.
One per 30 linear feet of building frontage: There could be a possibility of 533 or 107 at the 20 percent
participation rate.
One per building: There could be a possibility of 241 or 48 at the 20 percent participation rate.
One per second tier space tenant: There could be 1,197 or 240 at 20 percent participation rate.
Regular Meeting Aspen City Council August 28, 2017
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Ms. Garrow said in analyzing this we took public feedback from businesses that they want to be treated
fairly. Based off of that we recommend the eliminate option. It makes most sense because we can always
ramp it back up. At this point, given what we have been trying to balance, we are at option one.
Councilman Frisch said his direction is we drop the direction of sandwich boards for further study. His
preference is to put it aside for the foreseeable future while we get more community input.
Councilman Myrin asked on the Main Street banners, what happens to them at the end of the year. Ms.
Garrow said they become property just for that time. We are maintaining the status quo.
Councilman Hauenstein said for number six I think we can be flexible on the brightness on the new signs.
He is good on most of these. For construction wraps use Maroon Bells or aspen trees. For all the other
for construction make them minimal. The argument that everyone should be treated the same is a valid
argument but people in the basement don’t have a window so they aren’t being treated equal. I want
people in second tier businesses to be able to survive. I don’t want to open that can of worms at this
point. I think sandwich boards have a valuable place in the community in getting people to businesses.
We could always go back to option one.
Councilwoman Mullins asked to have a sandwich board do people pay a fee. Ms. Garrow said they pay a
sign permit. Councilwoman Mullins said she is ok with everything. The brown bag thing, I’ll go along
with Council if they want the graphics. In terms of sandwich boards, I’ve never been crazy about them
because they clutter the pedestrian way. There are several reasons why to eliminate them completely.
Now they are used as a wayfinding tool. If they are rented out they are no longer a wayfinding tool.
There is a big risk in trying to monitor the content. There are real inequality. How do you divide up the
signs for a building with multiple tenants. They have lost their original function. She supports
eliminating them. We can always review it again depending on the backlash.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Mayor Skadron said there is some support for the second tier space and some to eliminate. The prudent
thing is to follow option one and eliminate them. The issue as Ann said is it is hard to manage. He is
concerned about proliferation of signage. We could have hundreds or thousands of signs. It is easier to
allow more should we find a way to let that happen appropriately. He supports option one. There is also
a suggestion to drop them from the entire discussion and pass the ordinance without them.
Mr. True said the sandwich boards that are out there now have approval. If you eliminate them they are
grandfathered and we would say they are good for one year from approval.
Councilman Myrin said page 419 says September 28, 2018. He will support where Ann and Steve are.
Mayor Skadron said that with great sensitivity with the issues it may cause to our small businesses.
Ms. Garrow said the pieces related to construction signs will be flushed out related to construction
management plan.
Councilwoman Mullins moved to adopt Ordinance #22, Series of 2017; Seconded by Councilman Myrin.
Roll call vote. Councilmembers Hauenstein yes; Myrin, yes; Frisch, no; Mullins, yes; Mayor Skadron,
yes. Motion carried.
EXECUTIVE SESSION – C.R.S. Section 24-6-402(4)(b) Conference with attorneys regarding pending
litigation, Castle and Maroon Creek Diligence cases, C.R.s. 24-6-402 (e)(i) Determining positions relative
to matters that may be subject to negotiations; developing strategy for negotiations, and C.R.S. 24-6-
Regular Meeting Aspen City Council August 28, 2017
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402(a) the potential purchase, acquisition, lease, transfer, or sale of any real, personal, or other property
interest.
Mr. True recommend Council go in to executive session pursuant to C.R.S. 24.6.402 a,b,e, conference
with attorney to discuss the Castle and Maroon Creek and Heinze diligence case.
At 8:15 p.m. Councilman Frisch moved to go in to executive session; seconded by Councilwoman
Mullins. All in favor, motion carried.
At 9:50 p.m. Councilman Frisch moved to come out of executive session; seconded by Councilwoman
Mullins. All in favor, motion carried.
Councilwoman Mullins moved to adjourn; seconded by Councilman Frisch. All in favor, motion carried.
Linda Manning
City Clerk