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HomeMy WebLinkAboutminutes.council.20180108Regular Meeting Aspen City Council January 8, 2018 1 SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2 CITIZEN COMMENTS ............................................................................................................................... 2 COUNCIL COMMENTS ............................................................................................................................. 2 CONSENT CALENDAR ............................................................................................................................. 3 Resolution #7, Series of 2018 – Authorizing Easement Agreements between the City of Aspen and Pitkin County ................................................................................................................................................ 4 Resolution #10 Series of 2018 – Contract Extension with Gordon Feller for Mobility Lab ................ 4 Resolution #4, Series of 2018 – Growth Management Annual Rollover.............................................. 4 Resolution #1, Series of 2018 – Designating the Public Place for the Posting of Notices of Public Meetings ........................................................................................................................................................ 4 Minutes – December 18, 2017 .............................................................................................................. 4 ORDINANCE #1, SERIES OF 2018 ............................................................................................................ 4 RESOLUTION #179, SERIES OF 2017 – Appeal of an Interpretation of the Land Use Code – regarding the removal of an Accessory Dwelling Unit at 910 E. Cooper Ave. Continued from December 18, 2017. To be continued to February 12, 2018. ......................................................................................................... 5 RESOLUTION #8, SERIES OF 2018 – 101 W. Main Street (Molly Gibson Lodge) – Extension of Vested Rights ............................................................................................................................................................ 5 RESOLUTION #5, SERIES OF 2018 – Change orders for the Civic Space Relocation Project – Police Department .................................................................................................................................................... 6 EXECUTIVE SESSION ............................................................................................................................... 7 Regular Meeting Aspen City Council January 8, 2018 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin, Hauenstein, Frisch and Mullins present. SCHEDULED PUBLIC APPEARANCES APWA award for best administration of a project for rural a community. Trish Aragon, Pete Rice with Greg Hall, town of Vail. Mr. Hall said the award is for the living lab project for the Castle Creek bridge. The city won the award at the conference in October for the bridge experiment. It was recognized for innovation, transferability, sustainability and overall outreach. Ms. Aragon said it was an interdepartmental effort with parks, transportation and streets. It also had the support of the Mayor and Council. CITIZEN COMMENTS 1. Neal Segal spoke about broadband. Last year there was 92 percent passage at the vote to allow the city to reserve broadband rights and the 10th anniversary of smart phones. At the time he came to the city to ask for a smart broadband platform. There has been no action over the last year. He wrote a letter last week and is here to make a correction. Paul Schultz reached out that the city is working diligently on a regional project, project Thor. He asked why there has been no publicity or work session on this. He suggested the city raise visibility, awareness and support for this. There is huge potential. Elevate and accelerate this. Other cities have implemented these concepts, particularly Vail and Westport Connecticut. We can’t anticipate the rate of change. 2. Mike Maple spoke about traffic issues in Aspen. It took 90 minutes to get from downtown to Burlingame via the bus on the 21st. Something is not working. He also said that Power Plant road should be open without restrictions when the road is clear. COUNCIL COMMENTS Councilman Frisch wished everyone a happy new year. Overall things work pretty well. He was part of the dreadful travel day. We have options for Power Plant road. If the road is clear it should be open. We should look at the RFTA signage and app. There was a discussion a few years ago about the possibility of raising the limit dollar wise if things should come to council. He would like to see if there is support to move the $25,000 up to $50,000. He thinks there are ways for council to have financial oversight but allow staff the flexibility to work on things. Mayor Skadron as well as Councilman Hauenstein stated they would support that. Councilwoman Mullins wished everyone a happy new year. She is looking forward to working with staff, the community and council. She thanked Neal but thought it was up to the county to take care of the broadband. She offered to follow up with Mike on his comments. The city is addressing these issues. Councilman Myrin wished everyone a happy new year. He looked at the January minutes from the last two years. The snow clearing at Rubey park on south side of Durant is not being cleared. It does not feel part of the bus stop. Barry Crook, managers office, stated he will look into this. A 2018 policy thought, for all airline tickets purchased by the city to also purchase carbon credits. We need to balance out the carbon. At the last meeting, he suggested a sign in the downtowner for no tips. Mr. Crook will also follow up. He said glass doors in historic development are lighting up alleyways. He thinks it is a mistake and we should work on changing it. Mayor Skadron said he would support that. He asked about the Wheeler meeting. Jim True, city attorney, said he met with them at their last meeting as they had some questions on the WRETT and repurposing it. They asked about amending it via a petition effort. He is not sure what is on the agenda for the upcoming meeting. Councilman Myrin said we should have a policy on who we want to take the lead on this. Councilman Frisch said we are meeting with the Wheeler Regular Meeting Aspen City Council January 8, 2018 3 and other boards over the next few months. They were to talk amongst themselves about the WRETT and potential expansion as well as the level of community subsidy. Since then the school board has been in there to talk to them and now the county is. Councilwoman Mullins said council should be included in the conversation. Mr. True said the two questions they asked were if a matter could be petitioned on the ballot. I believe it can. The other involved the $100,000 limitation to visual arts and if that required an election to modify. I believe it does with a super majority. Councilman Frisch said there are two options, let them continue to meet with whomever whenever. If we want a discussion with them first before an open call we should let them know soon. Councilwoman Mullins said we need to formalize this. It is a city tax and they should be coming to council. Councilman Hauenstein agree with that. It should come to council before it goes to the board. Mr. True said a repurposing to the tax would be subject to initiative. That is what came to us earlier. Councilman Frisch said the discussion is there and there should be a proactive approach. Mr. Crook said he is not aware of the Wheeler authority on this. Sara should be involved. Councilman Myrin commented on the stop lights on Main Street. Three are prioritized for vehicles and one for pedestrians. Council needs to set a policy if vehicles or pedestrians are prioritized throughout. There should be a consistent policy. If it was up to me it would be prioritized for pedestrians. Scott Miller, public works, said we communicate with Cdot regularly. We will review all the lights at the annual meeting. There has to be a coordinated effort. We would also like to talk to council about taking over management and maintenance of 82. Then it would be a discussion here. Councilman Myrin spoke about the carrying capacity issue. He thinks it is important to identify bedrooms and how they are dedicated. We need a baseline. In the 2016 minutes Mario Zulin spoke about not being able to stay at the gas station. It is nice to see him back there. Councilman Hauenstein wished everyone a happy new year. Make the most of this year. Look at what we have not what we don’t have. Neal brought up some great questions about technology. The technology has been there for a long time to get broadband into the home. It is to the benefit of the whole town to have broadband and free wireless in the downtown area. He wished Steve Barwick well on his recovery. Mayor Skadron thanked the Ski Company. Whatever magic Ski Co is doing to keep the mountain skiable is remarkable. The ski days I do have in have been really fun. Winerskol is coming up on the 11th followed by gay ski week followed by X games. CONSENT CALENDAR Councilman Myrin said for Resolution #10 there has been 350,000 dollars spent so far and he doesn’t have a good grasp on what has been delivered. He is hesitant to spend more. Ashley Perl, environmental health, said council has approved budget for 350,000. To date we have only spent 130,000. This extension is within that authority. The contract is to keep our fundraiser on. Councilman Myrin said he is comfortable it is within the 350,000. Councilman Hauenstein said on page 73 he thinks the loss of parking should be limited. We should emphasize trying to keep parking in the core for local businesses. Resolution#4 –Growth Management roll over. Councilman Myrin asked about the carry forward of growth management for FMR, commercial and lodging pillows. The only one he can support carrying forward is lodging pillows. The Community would say enough for commercial and FMR. Jessica Garrow, community development, replied that is the only category staff could support. That is why we recommended not rolling any over. Councilman Frisch said every year I try to carve out the lodging as well. Ms. Garrow said the way allotments work is you are eligible for allotments in the year you applied. She used the example of Gorsuch. They would be eligible for 2016 allotments. Councilman Frisch said there are 112 pillows out there for 2018. Ms. Garrow replied correct. We anticipate about 30 pillows in a current HPC project. Councilman Frisch asked what would happen if we didn’t do it and there were 150 that staff was supportive of and wanted. Regular Meeting Aspen City Council January 8, 2018 4 Ms. Garrow said it goes through the multi – year allotment process. An application can request for a future year. Councilman Myrin said he is comfortable with this since there is that relief valve. Councilman Frisch said once they are not coming forward there is nothing that can go back in there. Ms. Garrow replied unless council wanted to do that through a site specific approval. • Resolution #7, Series of 2018 – Authorizing Easement Agreements between the City of Aspen and Pitkin County • Resolution #10 Series of 2018 – Contract Extension with Gordon Feller for Mobility Lab • Resolution #4, Series of 2018 – Growth Management Annual Rollover • Resolution #1, Series of 2018 – Designating the Public Place for the Posting of Notices of Public Meetings • Minutes – December 18, 2017 Councilman Hauenstein moved to adopt the Consent Calendar; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #1, SERIES OF 2018 – Aspen Meadows (845 Meadows Road) FTE Audit Provisions, Amendment to Ordinance 17, Series of 2016 Amy Simon, community development, told the Council this is a request to change a number in ordinance 17, 2016 related to the addition under construction at the restaurant now. HPC and council approved the project as an essential public facility. The applicant was required to document how many employees they had at the time of the application. They are required to do an audit in three years. They are asking to update the number to the number of employees that served the space just prior to the renovation. They do not want to be penalized. Councilwoman Mullins asked why the increase. Ms. Simon replied it is a little more than one employee. When they gave the calculations a year had past but they want to be able to use the most accurate number. Councilman Myrin said when an application comes in they have the baseline then there is some time before it was finalized. If they hired 10 employees during that time we would use that number. Ms. Simon replied right, this is to council discretion. Councilman Myrin said he is hesitant on this. The community is crying out for housing and now there is a request for providing less housing. Ms. Simon said this is at council discretion. It is a non-profit essential public facility. There will be the opportunity at the audit to determine what housing should be required. This is not the last chance to see this. Councilwoman Mullins asked is the change due to a calculation or more people hired. Ms. Simon stated more people were hired. They are showing an employee increase since the application began. Mayor Skadron asked what is the effect of council not supporting the request. Ms. Simon said it potentially creates a hardship or likelihood of employee mitigation owed at the time of the audit. Jim Curtis, representing the applicant, said he is planning on having the manager here for second reading. Councilwoman Mullins moved to read Ordinance #1, Series of 2018; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE #1 (SERIES OF 2018) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO ORDINANCE #17, SERIES OF 2016, RELATED TO 845 MEADOWS ROAD, ASPEN MEADOWS RECEPTION CENTER, LOT 1-A, ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO Councilman Frisch moved to adopt Ordinance #1, Series of 2018 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes; Mullins, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. Regular Meeting Aspen City Council January 8, 2018 5 RESOLUTION #179, SERIES OF 2017 – Appeal of an Interpretation of the Land Use Code – regarding the removal of an Accessory Dwelling Unit at 910 E. Cooper Ave. Continued from December 18, 2017. To be continued to February 12, 2018. Councilman Hauenstein moved to continue Resolution #179, Series of 2018 to February 12, 2018; seconded by Councilwoman Mullins. All in favor, motion carried. RESOLUTION #8, SERIES OF 2018 – 101 W. Main Street (Molly Gibson Lodge) – Extension of Vested Rights Ms. Garrow said Stan Clauson is representing the applicants. This request is to extend the vested rights for two years to June 24, 2020. This application was approved in 2015 as a subdivision to two lots. The extension allows for phasing with Hotel Aspen, across the street. The question is would you like to see all the construction impacts at one time or sequentially. There would also be impacts to the bed base and transportation if they took place at the same time. Section 2 second line, page 151 says temporary use and should say vested rights extension. Staff supports the request. Mr. Clauson stated this was approved as a beneficial project to the city and still would be. The sequencing of the projects is like Jessica said. The plat has been recorded. We are working on the complexities of Hotel Aspen. Councilman Frisch said you are fully intending to do all this. The only reason is to sequence better not financial. Mr. Clauson replied we are fully intending to do this project. Councilman Frisch said usually when an extension is asked it is for just more time. You stated a specific reason. Mr. Clauson said the sequencing is the reason. Councilman Hauenstein said since this is sequencing, the construction for Hotel Aspen is aimed for April 2019. Has the permit been pulled. Mr. Clauson replied not yet. We are working on issues related to excavation due to the underground parking. We also need to relocate an existing sewer line. There are considerable infrastructure issues we are working with the city on. Ms. Garrow said there have been a number of meetings with the building department on this. Councilman Hauenstein said the Hotel Aspen financing is secured by Molly is not. Mr. Clauson replied he can’t speak to that. Councilman Hauenstein said he sees the wisdom on the bed base, cash flow for owners and sequencing. By doing this it still disrupts the intersection for a longer time. The degree may be worse if it happened at the same time. It makes sense to do this. Councilwoman Mullins said generally she is against extending vesting but you make a good argument and she would support it. Councilman Myrin said the affordable housing requirements have increased since this has started. If we were to make a policy of extending vested rights and have the affordable housing requirement be the date it was extended to, would it result in more housing. Ms. Garrow replied potentially. We have never done that before. The resolution requires going to the most up to date building code but nothing related to mitigation. Councilman Myrin said that is a policy question for council. He suggested that the housing mitigation be calculated to the date the extension is being asked for. It would accomplish people from asking for extensions for a long time and also reflect the council goal on housing. Mayor Skadron said we can talk about that. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Myrin said he will vote no because of housing. Regular Meeting Aspen City Council January 8, 2018 6 Councilwoman Mullins moved to adopt Resolution #8, Series of 2018, seconded by Councilman Frisch. Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes; Myrin, no; Mullins, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #5, SERIES OF 2018 – Change orders for the Civic Space Relocation Project – Police Department Saul Abrahams, Jack Wheeler and Richard Pryor. Mr. Abrahams told the Council this is a discussion on perimeter security for the police department and city itself. What is the community standard, should there be a policy, how does it apply to the police and the malls. The standard is it doesn’t exist yet. FEMA has discussed a standard. The goal is to provide security but not interrupt the public interface. The K4 standard provides guidelines. The intent is to stop a 15,000 pound vehicle at 35 mph without penetrating the barrier. Early on for the police project we felt it did not warrant that level of protection. The current design does not include this K4 level of protection. Based on current events and architectural recommendations we are rethinking that decision. Security could be bollards or a wall but does not have to be. It could be incorporated into the landscape via planters. The intent is to not make it look so obvious. We developed a design to meet the K4 standard but not be obtrusive. He showed images of potential options. We came up with a K4 lite alternative with bollards, concrete wall, and larger trees. We also looked at not meeting the K4 standard. The current option is more focused on bringing the community to the street. There are some concrete barriers in this option. This would be to the Main Street side only. The base design does not meet the standards and there is no cost impact. K4 lite would be $150,000 to $250,000. Meeting the standard would be 175- 250,000 dollars. We are asking for a council decision to keep the base design or one of the K4 options. Councilman Myrin said with trees, is there an equivalent to K4. Mr. Prior said it depends on the caliper of the tree. Mr. Wheeler said the chances of getting an 8 inch tree are slim. We did not design a perimeter security plan at the time. Anything we do will help. The current design has some protection. Part of this conversation is do we want to meet the standard. The mall is currently in the design process. We can’t address the utilities without addressing some of these concerns here. Mr. Prior said we tried to Aspen size everything throughout the project. how does the building fit and embrace the community. Part of the design was the open forum in front of the building to activate that space. Back then we thought the concrete benches would provide some protection if cars went off the road. Vehicles are being used as weapons now. There is a straight shot down Hunter Street for four blocks and we need to take this more seriously. Does it seem sensible to take some sort of action. It strikes me as something we should consider. It seems this is the more vulnerable space for people to gather which is why the focus is on this side. Councilman Myrin said he would support whatever council supports but you should also look at the Rio Grande side. Mayor Skadron said he is interested in quality public places that draw people in. The entire principle behind this was a community place. He is not interested in a federal standard that redefines this town as a prison like city where bollards, concrete walls and cameras are everywhere. The issue should be taken seriously but he does not think we should be planning for the fringe. He would support an alternative that fits us. Councilman Hauenstein said he thinks this was framed due to current events that are an attitude of fear and paranoia. We want to position Aspen as open and welcoming. He is not sure the world is less secure now then it was three years ago. He is not inclined to support this for the malls or police. Councilman Frisch said the world is different now then it was three years ago. He thinks Bill and the police have their pulse on the community. He is with the Mayor that we don’t need K4 but it does not Regular Meeting Aspen City Council January 8, 2018 7 mean we can’t learn from it. He is not supportive of any stand alone bollards. He is hoping through creativity if there is a way to have beefier trees mixed with seating areas. He is open minded to having people work on alternatives and thinks there are more options than just bollards. Mr. Wheeler said we are trying to steer the conversation away from design. We needed some insight. The design can be anything. Mr. Abrahams said the intent of some of the walls is they are clad in stone not a fortress. Councilman Myrin said he does not think it is exclusive. We can meet the intent and do what Adam is saying to make it not look like it is there. There are ways to address this but still feel welcoming. Councilwoman Mullins said she does not want to drive the design on what may happen. She appreciates the Aspen police are geared to the community. K4 is a fortress. She would rather go with the basic and beef it up with trees and benches. It should emphasize the openness of the building and not be a jail for the police. The mall is a different situation. Mayor Skadron said the general direction is to not do this but a recognition that a security component not currently there is required. Mr. Wheeler said we will take into consideration the world we live in but keep it Aspen. I think we can keep it Aspen but give some level of protection. Councilman Myrin said he is ok with the increased budget authority. Mr. Wheeler said we have enough information. In the packet was the not to exceed change order amount. Mayor Skadron said is a modified design contingent upon the increased budget authority. Mr. Wheeler replied yes. Mayor Skadron said we need $250,000 for this. Mr. Wheeler replied yes. Councilman Myrin said he is ok with the amount and more if it is needed for the Founders place option. Councilman Frisch said he is fine with the money. Mayor Skadron said he is fearful that the money will determine the design. It does not need a $250,000 solution. Mr. Wheeler said what is driving the cost is the consideration to the connectiveness to the community. Councilman Myrin said to make it not look like a wall will take some effort. Councilman Myrin moved to adopt Resolution #5, Series of 2018; seconded by Councilwoman Mullins. All in favor, motion carried. EXECUTIVE SESSION Mr. True stated staff recommends council go in to executive session pursuant to C.R.S. 24.6.402 b and e – conference with attorney for receiving legal advice related to possible litigation and negotiation. We could add a – purchase lease, acquisition of property. He is not disclosing the new litigation. At 7:00 pm. Councilwoman Mullins moved council go in to executive session; seconded by Councilman Frisch. All in favor, motion carried. At 7:25 pm. Councilman Frisch moved council come out of executive session; seconded by Councilman Hauenstein. All in favor, motion carried. Councilman Hauenstein moved to adjourn; seconded by Councilman Frisch. All in favor, motion carried. Linda Manning City Clerk