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HomeMy WebLinkAboutminutes.council.20171009Regular Meeting Aspen City Council October 9, 2017 1 SCHEDULED PUBLIC APPEARANCES – Black Diamond Awards ........................................................ 2 CITIZEN COMMENTS ............................................................................................................................... 2 COUNCIL COMMENTS ............................................................................................................................. 2 BOARD REPORTS ...................................................................................................................................... 3 CONSENT CALENDAR ............................................................................................................................. 3 Resolution #133, Series of 2017 – Renewal of an Esri Enterprise Advantage Program ...................... 5 Resolutions #124 and #125, Series of 2017 – Bond Counsel and Underwriter Services ..................... 5 Resolution #127, Series of 2017 – Air Sage Cell Phone Data Analysis ............................................... 5 Resolution #136, Series of 2017 – Lake Avenue Emergency Pipe Replacement (stormwater) Change Order ............................................................................................................................................................. 5 Resolution #137, Series of 2017 – Mill and Bleeker Emergency Pipe Replacement (stormwater) Change Order ................................................................................................................................................ 5 Resolution #124, Series of 2017 – Contract for Construction Highlands PRV/Pump Station Additions ....................................................................................................................................................... 5 Resolution #138, Series of 2017 – Recognizing Indigenous Peoples Day ........................................... 5 Minutes – September 25, 2017 ............................................................................................................. 5 ORDINANCE #25, SERIES OF 2017 .......................................................................................................... 5 ORDINANCE #21, SERIES OF 2017 - 500 W. Hopkins Ave. (Boomerang Lodge) – PD Amendment ... 6 ORDINANCE #23, SERIES OF 2017 – Post Moratorium Clean-up Code Amendment ............................. 6 ORDINANCE #24, SERIES OF 2017 – Code Amendment 23.04.010 – Definitions for the Sales Tax Code .............................................................................................................................................................. 6 EXECUTIVE SESSION ............................................................................................................................... 7 Regular Meeting Aspen City Council October 9, 2017 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Hauenstein, Myrin and Mullins present. SCHEDULED PUBLIC APPEARANCES – Black Diamond Awards Jessica Garrow, Dennis Murray and Stephen Kanipe, building department. Ms. Garrow said that Aspen became the authority for administering BEST test to the valley last year and Mitch Miller has not only created the tests that will be given, he streamlined the process for contractors and staff. The test can now be taken remotely with an electronic pass/fall. Nick Thompson has helped the City move to 100 percent electronic plans review and became the Bluebeam expert. This has saved staff immeasurable amounts of time. The city also adopted new building codes this year and Nick tracked the changes and inspired him to create several worksheets for staff and the community to aid in the submission of plan sets. CITIZEN COMMENTS 1. Peter Fornell thanked Council and department heads for his plan on 404 Park Avenue. He said in the middle of July he went to his Spruce Street house to do maintenance to the home he and his brother in law own. He noticed there were possessions in the house. Someone broke in to the home and was using it as his personal residence. The person was charged with 6 counts but was released by the District Attorney on ROR. Peter filled a victim’s impact statement outlining the damages but never heard from the DA until the other day when he received a letter letting him know they dropped all the charges except one misdemeanor and court costs. If we as a community decided it doesn’t bother us that people can break in to our homes and not be charged we will start to see blowback from the community. He is upset with the work of the DA but happy with that of the sheriffs and APD offices. 2. Craig Ward started the Aspen Snowmass Nordic council in 1984. We have developed one of the best Nordic centers in the country. There is a big send off on Oct 27 for two skiers who made it to the national team. Belly up 5:30 to 7:30. 3. RJ Ours, American cancer society network, thanked Council for all the work on tobacco control. The cost of cancer and tobacco use in Colorado is high. 5,100 Coloradoans die from tobacco related illnesses a year. He hopes Aspen is an example for other communities. 4. Toni Kronberg stated she sent council a copy of the amended complaint. She asked Council to put the question on the ballot. 5. Bryan Semel comment about the article Thursday on Justice Snow asking for two months instead of a four week closure and a reduction in percentage rent. It needs looked at. They have one of the lowest rents. What they are doing is not working. A reduction in percentage is a reduction in any money Aspen should be making. Council should consider going in another direction. The rent is a gift. Aspen deserves the most for the percentage. It should not be reduced because they should have put the money in at the beginning. Councilman Myrin said if you started from scratch what would you do to have a successful tenant. Mr. Semel replied this is meant to help the city and the locals, it needs to be an operator who has at least one restaurant already. It needs a simple business plan that can make money selling burgers and beer. The average right now is between 7 and 10 percent depending on the rent. At their rent, it should be higher than 8. COUNCIL COMMENTS Councilman Hauenstein said our hearts go out to the thousands of families affected by the tragic events in Las Vegas. There has been a disturbance in the field. Enjoy the taste of winter. Fall will return. On the Red Brick, it is unfortunate about the alleged embezzlement. He would like to see Council hold a work session on tools to help the non-profits with tools to oversee their financials. People on the board are not Regular Meeting Aspen City Council October 9, 2017 3 forensic accountants and we should give them the tools to oversee their finances. We need a conversation about the oversight of those that receive grants from the city. Councilman Myrin asked about the bus to Maroon Bells, how much does it cost to run per weekend. Why is it not running peak weekends. John Kruger, transportation, said it is a contract between the forest service and RFTA. There has been a record number of visitors and they are running as many busses as they can while maintaining the mitigation at the Grand Avenue bridge. Councilman Myrin said what Bryan raised is important. We are having a conversation tonight about legal issues. On policy, there is something to be said about the goals in public. My top goal is to keep the lights on and a locally serving bar. Something needs to happen so we have the lights on as soon as possible. Councilwoman Mullins said she will be driving to Denver for her first CML policy committee meeting. She is excited about that and will report back on it. Councilman Frisch said on Justice Snows, while I’m a fan of Kylie going back to the cheese shop days he was not thrilled about the two day notice to close and reduction in the percent. When agreements are asked to be amended we are obligated to get in to how the business is being run. Anything to do with policy will be discussed at a later date. It is important for the space to remain vibrant for as many days a year as possible. Mayor Skadron echoed Wards comments that our heart goes out to families of victims and those injured at the terrible massacre in Las Vegas. BOARD REPORTS Councilwoman Mullins attended the communities that care meeting. It wasn’t clear what the direction was initially but it has turned into a really good group. They are talking about using the marijuana tax fund to address problems. There are eight partners that interact with youth. The program is funded for the next few years. CONSENT CALENDAR Reso #136 and #137 April Long, Trish Aragon and Jack Dannenberg, engineering. Councilman Hauenstein said both are about the same thing, corrugated metal drains that appear to have the same problem. He has no problem with the repairs but is wondering if we have these two how many more are out there. Is there a way to repair them. What should we do to prevent these emergency expenditures. Ms. Long said the city purchased video camera equipment earlier this year and are inspecting the lines. We did find that the majority of corrugated pipes have this issue. Some can be lined, others will need replace with reinforced concrete pipe. We have an estimate to replace all the pipes but it is around 5 million dollars. Councilman Myrin asked does the 5 million mean every street gets torn up and replaced. Ms. Long said not all streets. They will bring a map at a later meeting. Reso #127 – air sage data Councilman Frisch said he is supportive of it. Is this the same request made at the EOTC where there was not support. Has it been offloaded to the city. John Krueger, transportation, said the funding request at EOTC was a bigger and different scope of work for 183,000 dollars. It was for use of the same data that was collected. It was not supported by EOTC. After that we felt the data had a lot of value. We went to Fair and Pearce and asked them how we can look at the data. They came back with this proposal. Councilman Frisch said he is concerned of this showing up at a joint meeting where everyone says no but Regular Meeting Aspen City Council October 9, 2017 4 the City pays for it anyways. I don’t want to create a free ride effect. Mr. Krueger said it will be set up where we have control over all the data. It has a lot of value. Councilman Myrin said he supports where Adam is coming from. Is this something we anticipated spending when we signed up for Air Sage initially. Mr. Krueger replied when we got the data we anticipated we would need to do something with it. We thought we could do it at the EOTC level. Councilman Hauenstein said looking through what they have done in other areas I hope we have the ability to select what analytics and overlay a map for times of day. Mr. Krueger said we will have a meeting with them to refine the scope. Reso #125 and #125 bond counsel Councilman Myrin said it looks like a no bid agreement to use our current bond counsel. Pete Strecker, finance, stated that is correct for the bond counsel. We went to RFP before the police financing. Councilman Myrin said he is comfortable with the no bid. Mr. Strecker said it is always good to relook at contracts. Councilwoman Mullins asked is the 35,000 just for the Woody Creek project. Mr. Strecker replied correct. Reso #134 – highland pump station Councilman Myrin said there were two bids. Tyler Christoff, utilities, said yes and we went with the lower one. Councilman Hauenstein said this is for water distribution to highlands. Is there a single pipeline now. Mr. Christoff said the system is a pipe network with a single feed to highlands. We are seeing more use in that area, system redundancy, increased demands for fire regulations. There are plans in the 2019 AMP to start looking at a second feed to that part of town. Reso #138 – indigenous people day. Councilman Myrin said at the beginning of the meeting we mentioned the terrible massacres in Vegas. My heart goes out to all the indigenous people who were massacred. Lori Winterman told the Council that this disturbed her because she see people being bullied. Indigenous people throughout the world have scalped people, taken them as prisoners and mascaraed them. We are bullied by people. If you want to give them a day give them a day. Don’t take Columbus Day. He did not take them down in was the Spanish in the 1600s. The statutes being taken down across the country, people don’t realize they did good too. Thomas Jefferson statutes are being taken down because he held slaves. Councilman Myrin said Aspen doesn’t have a Columbus Day currently. Other cities have added Italian American days to recognize them. What this resolution does is recognize indigenous people. It does not exclude us from doing other things down the road. Mayor Skadron said it attempts to recognize the Utes place in our valley. Deanne Kessler, Aspen Ute foundation, said when I hear that the people are being bullied by taking away Columbus day it is unbelievable to me. Columbus Day symbolizes suffering to indigenous people. She thanked the City of Aspen for doing this today. It is a message of coming together, love and hope. Councilman Hauenstein said we received a number of comments about this. The theme is we are taking away from the Italian community. I never viewed Columbus Day as Italian pride day. I don’t feel that celebrating indigenous people is any way taking away the contributions that Italians made. Councilwoman Mullins said she mentioned at the last meeting she wanted feedback. Quite a few people got back to me and are in support. It is a federal holiday but only observed in half the states. Various cities like Aspen have opted out of it. More than 50 cities have changed the holiday. We can acknowledge who the original inhabitants of the county were. 48 Native American tribes call Colorado home. Councilman Frisch said there seems to be a national wave going on. There is something to be said with coming up with some recognition. He will support this going forward. Mayor Skadron said we embrace the opportunity to honor the Ute people who live in and nurtured our valley. He will support this as well. Regular Meeting Aspen City Council October 9, 2017 5 • Resolution #133, Series of 2017 – Renewal of an Esri Enterprise Advantage Program • Resolutions #124 and #125, Series of 2017 – Bond Counsel and Underwriter Services • Resolution #127, Series of 2017 – Air Sage Cell Phone Data Analysis • Resolution #136, Series of 2017 – Lake Avenue Emergency Pipe Replacement (stormwater) Change Order • Resolution #137, Series of 2017 – Mill and Bleeker Emergency Pipe Replacement (stormwater) Change Order • Resolution #124, Series of 2017 – Contract for Construction Highlands PRV/Pump Station Additions • Resolution #138, Series of 2017 – Recognizing Indigenous Peoples Day • Minutes – September 25, 2017 Councilman Frisch moved to adopt the consent calendar; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #25, SERIES OF 2017 – 517 Park Circle, Major Public Project Review Justin Barker, community development, said the applicant team is Chris Everson, Jason Bradshaw and Adam Roy. This is the first of 3 projects proposed by Aspen Housing Partners (AHP). They are requesting approvals for 11 – 1 bedroom units on a vacant lot at the base of the Smuggler trail head. It is reviewed under the major public project review process. It is a consolidate review in a two step process with recommendation from P&Z. It is a subdivision amendment, rezoning, PD, 8040 green line, growth management and residential design standards reviews. P&Z reviewed the project and recommended approval with conditions. Staff is recommending in favor with those conditions. Councilman Myrin said on pages 147 and 148 it lists the dimensions with a RMF zone comparison. Mr. Barker said it is a somewhat comparable zone district. Councilman Myrin said for parking they are short. Mr. Barker explained what staff is requesting is a deficit. Because of the PD, Council has the ability to vary the requirement. If it was not a PD it would be short by 3 spaces. Councilman Myrin asked is there a chance at second reading to know the county’s position on the 3 spaces proposed at the trail parking. Mr. Everson said they have not inquired with the county and are not inclined to do so. They do not feel it is appropriate for the county to request things from us for these 3 spaces. They discussed the parking at the April work session. P&Z agreed 11 spaces was sufficient but left the language in the resolution. Councilman Myrin asked if the categories are assigned. Mr. Everson replied no, they intend category distribution for the 49 units at all 3 sites. They are unable to figure out the distribution until the tax credit is established. Councilwoman Mullins asked when will we be seeing the other 2 projects. Mr. Everson said very quickly. Councilwoman Mullins said on page 122, it says a public project review must happen within 60 days but it is not applicable. Mr. Barker said when that section of code was adopted you determined city projects would not be subject to the 60 days. Councilwoman Mullins said on page 123 review criteria, she is looking for a listing or bullet point so it is more clear. Page 126, 8040 green line, it meets the criteria but she wants the specifics on how. The superfund site is the orange line but it is divided. Mr. Barker said the site was divided into 2 sections. Councilman Frisch said it sounds like you want flexibility on the categorization. Mr. Bradshaw said the flexibility would come in if things change in the neighborhoods over a 15 year period. Councilman Frisch said he would like more comment on the lack of economic interest for the different categories for second reading. He also asked about the trash waiver. Mr. Roy said that is now met. Mr. Barker said the bigger issue is there is no alley access. Councilman Frisch said the size of the units are below APCHA standards and they are fine with that. He would like more information at second reading on that. Regular Meeting Aspen City Council October 9, 2017 6 Mayor Skadron said he would like some discussion on setbacks and the sites inability to accommodate the parking. Councilman Hauenstein said on page 138, how is access for emergency access solved. Mr. Roy said it has been reviewed by the fire marshal. They would have to back out. Councilman Hauenstein said on page 148, there are 4 ground units and 8 street but the application says 11. Mr. Roy replied there are 4 units but one on the lowest level is storage. Councilman Hauenstein said on the size of units, APCHA is fine with it. Any way to get away from wood siding would be good. How do you decide on the soil mitigation. Mr. Barker said they have to go through a series of tests before hand. It is all handled during building permit review. Councilman Hauenstein asked if it is cash in lieu for the 3 parking spaces. Mr. Roy said they have asked for a waiver. There is a likely hood of multi modal transportation and 1 space for unit was appropriate. Councilwoman Mullins move to read Ordinance #25, Series of 2017; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE NO. 25 (SERIES OF 2017) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING MAJOR PUBLIC PROJECT REVIEW APPROVAL AND ASSOCIATED LAND USE REVIEWS FOR 517 PARK CIRCLE, LEGALLY DESCRIBED AS LOT 1, RE-SUBDIVISION OF LOTS 1 AND 2 OF THE WAGAR/DETWEILER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, IN PLAT BOOK 77 AT PAGE 41 AS RECEPTION NO. 520689, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Hauenstein moved to adopt Ordinance #25, Series of 2017; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes; Myrin, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #21, SERIES OF 2017 - 500 W. Hopkins Ave. (Boomerang Lodge) – PD Amendment Councilman Frisch moved to continue to November 13, 2017; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #23, SERIES OF 2017 – Post Moratorium Clean-up Code Amendment Councilwoman Mullins moved to continue to October 23, 2017; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE #24, SERIES OF 2017 – Code Amendment 23.04.010 – Definitions for the Sales Tax Code Don Taylor, finance, told the Council at the beginning of this year CML undertook an effort to work with home rule municipalities to do another update. A lot of individuals from municipalities got together to work on the definitions. About 30 have already adopted the changes. This is a housekeeping measure. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Hauenstein moved to adopt Ordinance #24, Series of 2017; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Hauenstein, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Regular Meeting Aspen City Council October 9, 2017 7 EXECUTIVE SESSION – Jim True, city attorney, stated staff is request an executive session pursuant to C.R.S. 24.6.402 a – purchase acquisition, lease, transfer, or sale of any real, personal, or other property interest; (b) - conference with attorney for the purpose of receiving legal advice on specific legal questions regarding existing litigation, including Kronberg v. City, Goldenberg v. City, Centennial v. APCHA, et al, DRC Family LLP v. City of Aspen and potential litigation; (e) – determining positions relative to matters that may be subject to negotiations; developing strategy for negotiation; and instructing negotiators. Councilman Myrin said he is hesitant to discuss policy on Justice Snow but is ok with legal aspects. Mayor Skadron asked him how he is defining policy. Councilman Myrin replied keeping the lights on and how we do that is a public policy question. The legal is looking at the lease and the terms of the lease. At 6:50 p.m. Councilwoman Mullins moved to go in to executive session; seconded by Councilman Frisch. All in favor, motion carried. At 9:20 p.m. Councilman Hauenstein moved to come out of executive session; seconded by Councilman Myrin. All in favor, motion carried. Councilman Hauenstein moved to adjourn; seconded by Councilman Myrin. All in favor, motion carried. Linda Manning City Clerk