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HomeMy WebLinkAboutminutes.council.20180226Regular Meeting Aspen City Council February 26, 2018 1 SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2 CITIZEN COMMENTS ............................................................................................................................... 2 COUNCIL COMMENTS ............................................................................................................................. 2 CONSENT CALENDAR ............................................................................................................................. 3 Resolution #17, Series of 2018 – Gasoline, Diesel, and Oils for City Fleet Vehicles .......................... 4 Resolution #28, Series of 2018 – Contract for Special Events Security ............................................... 4 Resolution #30, Series of 2018 – Contract for Lift 1A study – phase 2 ............................................... 4 Resolution #29, Series of 2018 – Contract for the Historic Preservation Building Permits Improvement project ..................................................................................................................................... 4 Resolution #32, Series of 2018 – Pickup Replacement and Purchase .................................................. 4 Resolution #36, Series of 2018 – Wheeler Seating Project Contract .................................................... 4 Resolution #23, Series of 2018 –Rotary Athletic Field Outfield Fence ................................................ 4 Resolution #24, Series of 2018 – Parks Fleet Wheel Loader Replacement .......................................... 4 Resolution #25 Series of 2018 – Parks Fleet Tractor Replacement Contract ....................................... 4 Resolution #26, Series of 2018 – Wagner Park Restoration ................................................................. 4 Resolution #21, Series of 2018 – Climate Action Plan ......................................................................... 4 Resolution #35, Series of 2018 – Change orders for Vertiba Contract ................................................. 4 Resolution #33 & #34, Series of 2018 – Cozy Point Ranch Leases ..................................................... 4 Resolution #37, Series of 2018 – Lease Termination Agreement with Fiercely Local, LLC dba Justice Snow’s ............................................................................................................................................... 4 Board Appointments ............................................................................................................................. 4 Minutes – February 12, 2018 ................................................................................................................ 4 RESOLUTION #20, SERIES OF 2018 ........................................................................................................ 4 RESOLUTION #38, SERIES OF 2018 – Lease with Elk Mountain Hospitality, LLC for City-Owned Restaurant Real-Estate within the Wheeler Opera House ............................................................................. 6 Regular Meeting Aspen City Council February 26, 2018 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Hauenstein, Frisch, Myrin and Mullins present. SCHEDULED PUBLIC APPEARANCES Mayor Skadron introduced Jed Bernstein, president of Theatre Aspen. Mr. Bernstein said it is a privilege to be part of the community. They are planning for the June season and will continue to expand the education program. CITIZEN COMMENTS 1. Bob Morris talked about issues with the housing program. The rules are not having the desired effect. 2. Toni Kronberg congratulated all the Olympians. She asked to have the minutes from the last meeting changed to reflect her comments in detail. She passed out a handout outlining what she said regarding putting Ordinance 4, 2016 to a vote. 3. Lee Mulcahy asked council for a hearing to show compliance. 4. Jeff Peak said Lee is not a violent person and this does not sound like the Aspen idea. COUNCIL COMMENTS Councilman Hauenstein said to was great to be away but great to be back. He missed the memorial services for Junee and Carl. Their contributions should be remembered in everyone’s hearts. Congrats to the women’s hockey team and all the valley residents who participated in the Olympics. He stated he feels we are getting away from the big picture idea. All the security measures are creating barriers between government and citizens. He wants fewer barriers between citizens and elected officials. Councilman Myrin said he thinks APCHAs leadership is something council has not spent much time on. He is baffled why decisions made at APCHA are not accountable at the council level. They are a very important part of the city and something we should work on. The City has had an unofficial living lab at Galena and Main to prioritize pedestrians over vehicles. As a council we need to decide what the priority is and all the lights should work the same. He is optimistic about the outcome of the Lego building sell. The Next Gen meeting is 5:30 on the last Monday of the month. Having meetings during council meetings is a barrier. He asked to schedule the meetings for a different time. Councilwoman Mullins welcome our Olympians back. They did a great job. Yesterday was one of the more fun events I got to go to as a council member celebrating Lithuania’s 100 years of independence. This is just one of the things that make you proud of Aspen. Next Tuesday is the caucus at the high school. Councilman Frisch gave a hats off to the Olympians. There are a lot of reasons to talk about APCHA governance. We are making progress to up the procurement amount for items that need to come to council. Mayor Skadron gave a big congratulation to the Olympians. This Friday at 7:30 am at the base of Tiehack we are participating in the Friday uphill social. As APCHA now stands council is acting per the charter. There is an IGA between the city and county. The board is empowered by the IGA to deal with the issues that we heard about tonight. We are acting in accordance with the IGA that created the housing program. Regular Meeting Aspen City Council February 26, 2018 3 Jim True, city attorney, said it is an issue based on how APCHA was established. Through the IGA they are empowered with addressing these issues. There is litigation currently in front of the supreme court. AGENDA AMENDMENTS Mr. True said Resolution #179 – public hearing C – we’ve had some discussions with the applicant appellant and their representative and staff and we are requesting a continuance to April 9th. Mayor Skadron asked for any public comment. There was none. Councilman Hauenstein moved to continue Resolution #179, Series of 2017 to April 9, 2018; seconded by Councilwoman Mullins. All in favor, motion carried. CONSENT CALENDAR Councilman Hauenstein said for Resolution #30 – lift 1 A study- there is concern from Mike Maple that this gets scheduled and on a faster time track. Jennifer Phelan, community development, replied there are eight weeks for completion. The consultant will be out at end of April. We are looking at work session dates the first week of May. Councilman Hauenstein requested that they study bringing the mid station down to Dean Street. Ms. Phelan replied it will look at two scenarios; one to Gilbert Street and another to Dean with three alternatives. He said we have received public feedback and there is more interest to bringing the lift closer to Dean Street and relocate the bull wheel. Ms. Phelan said that will be included in the study. Councilman Myrin said for Resolution 17 he is hopeful the fuel purchase is less than it was 10 years ago and a plan to further reduce it. On Resolution 28 - Wagner park restoration – there is $53,000 from the city. Tickets are $1600 per ticket why are we subsidizing it and not Food and Wine. He will not support this. Mayor Skadron stated this has come up before. There are massive negotiation around this huge event. There is a point where they say enough. Councilwoman Mullins asked for an explanation on composting and the total cost of repair. Matt Kuhn, parks, said there are a number of things in addition to the cost of the turf that we feel are contributions including fencing and flooring. We feel it is an equal partnership. The material is hauled off to a parks facility at Burlingame. It is screened and in about a year it becomes a top soil additive. None of it goes to the landfill. Councilman Hauenstein asked how much does Food and Wine contribute to the turf. Mr. Kuhn replied $40,000 and we contribute $53,000. Councilman Hauenstein said he was impressed at how quickly the park retuned to use last year. Councilwoman Mullins asked for Resolution 30 when the study started everything was off the table except the bull wheel. Now that that is off the table as well we should expand the conversation to losing the feature all together. There are a lot of factors with parts of it on the national register. A large group of people think it is valuable. We made a mistake to take it off the table. The Historical Society is t he long term leaseholder of the property. She does not understand why they are not at the table and a stakeholder here. Ms. Phelan said we have reached out to the director of the Historical Society and are in the process of seeing what their needs are. Everything needs to be looked at. Councilman Frisch said he is challenged with how this will ever get solved. We are asking to study something Ski Co has said they will never do. The Historical Society should be included. On the historic Regular Meeting Aspen City Council February 26, 2018 4 preservation contract, we are using $30,000 to fund a study to do an improvement. If we need more money he would rather tackle that then using the money from a low fine. People will violate the rules all the time. If $30,000 captures it fine, but don’t be bashful about asking for more. Mayor Skadron gave a thank you to our new appointees to our citizen boards. Angi for CCLC, Christine and Ashley for Next Gen and James, Scott and Ruth for joining P&Z. He thanked everyone for joining the process. • Resolution #17, Series of 2018 – Gasoline, Diesel, and Oils for City Fleet Vehicles • Resolution #28, Series of 2018 – Contract for Special Events Security • Resolution #30, Series of 2018 – Contract for Lift 1A study – phase 2 • Resolution #29, Series of 2018 – Contract for the Historic Preservation Building Permits Improvement project • Resolution #32, Series of 2018 – Pickup Replacement and Purchase • Resolution #36, Series of 2018 – Wheeler Seating Project Contract • Resolution #23, Series of 2018 –Rotary Athletic Field Outfield Fence • Resolution #24, Series of 2018 – Parks Fleet Wheel Loader Replacement • Resolution #25 Series of 2018 – Parks Fleet Tractor Replacement Contract • Resolution #26, Series of 2018 – Wagner Park Restoration • Resolution #21, Series of 2018 – Climate Action Plan • Resolution #35, Series of 2018 – Change orders for Vertiba Contract • Resolution #33 & #34, Series of 2018 – Cozy Point Ranch Leases • Resolution #37, Series of 2018 – Lease Termination Agreement with Fiercely Local, LLC dba Justice Snow’s • Board Appointments • Minutes – February 12, 2018 Councilwoman Mullins moved to adopt the consent calendar without Resolution #26; seconded by Councilman Frisch. All in favor, motion carried. Councilman Frisch moved to adopt Resolution #26; seconded by Councilwoman Mullins. All in favor except Councilman Myrin. Motion carried. RESOLUTION #20, SERIES OF 2018 – Miscellaneous Regulations Land Use Code Update Phillip Supino, community development, told the Council this policy resolution hearing is to follow up from the January 29 work session. This is step two of the code amendment process. This authorizes staff to continue research into the code amendment process. The intention is to focus on simple fixes. The bulk of the amendments focus on part 500 – miscellaneous regulations. This includes methodologies and standards for new construction and remodels, floor area, building height and set backs. It is important to get it right. This will also address exterior features, grade and height, yards and setbacks, demolition and formatting. We are looking to simplify the code administration and compliance. We will return with separate ordinances. We are looking at closing the loop on some of the parking standards addressed during the moratorium. For growth management, we will address temporary food vending and outdoor vending types. The non- conformities section would address the process for destroyed properties. The duplex ADU mitigation section would provide an unambiguous process for the seven effected properties. The variances section would coordinate the various standards throughout the code. View planes are a post-moratorium clean up to correct an error. The sign section is Reed related clan up. Zone districts would coordinate with the miscellaneous amendments. Regular Meeting Aspen City Council February 26, 2018 5 The timeline will consist of a few months of public outreach. We hope to bring first reading in April and second reading in May. Councilwoman Mullins said she has no questions. She agrees with the direction staff is going. Councilman Myrin asked has there been public outreach. Mr. Supino said this has been in the com dev newsletter twice. We have not received comment independent of the focus group. Councilman Myrin asked what seems to have the most potential from community concerns. Mr. Supino said there may be some comments about the food vending section. Most of the amendments are responsive to specific circumstances and we are not anticipating much pushback on those. Councilman Frisch gave a hats off. He looks forward to the process and community input. Councilman Hauenstein said he does not want to get too restrictive when it comes to vinyl. On the ADU’s it should be spelled out in the code. Mayor Skadron said the outdoor vending is essentially esthetic. View planes is a scrivener’s error. Mr. True said he was concerned about having the error written off as a scrivener’s error. This was an error that goes back to how surveyors evaluated the record going back to the 1920’s. It is a complicated surveying issue. Mayor Skadron said considering all we are doing with parking and mobility he was struck by the vagueness of this section. Ms. Phelan said the last code amendments focused on the commercial zone districts and looked at what should the standards be and how do you incorporate changes on site that encourage alternate means. Mayor Skadron said it is more of a timing issue. The consultants are still working and we don’t have their conclusions. The question is do we move forward without those results. Ms. Phelan replied the consultants work will inform what comes back to you. Mr. Supino said if council is inclined to remove the parking section of the resolution we would not be able to move forward with the analysis without new direction from council. There is nothing in the resolution that would lock you in one direction or another. Councilman Myrin said it is a good concern but the process Philip outlined is probably the best approach. Councilwoman Mullins said reading the memo, it is clear enough from a policy direction standard. Mayor Skadron said he thinks Bert is right. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Resolution #20, Series of 2018; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE #5, SERIES OF 2018 – Update Housing Fee-In-Lieu Ms. Phelan said the city adopted updated cash in lieu categories for affordable housing in 2015. They were not researched compressively until 2015. When the rates were adopted there were also allowances to continually increase the fee. This increase will average to about 7%. It is a national average and tied to an index outlined in the approvals. Councilman Myrin said you reached out to 600 subscribers and there is no feedback in the memo. Ms. Phelan replied none that I was aware of. Councilman Myrin said this changes the 2015 rate to a current Regular Meeting Aspen City Council February 26, 2018 6 one but it doesn’t set the course to change every year going forward. It is a mistake for council to randomly update it. It should be done consistently each year. Mayor Skadron said we are prepared to move in that direction. Ms. Phelan said the code language says shall be updated every five years but may be updated yearly. We can be here next year and have a more in-depth study in 2019. Councilwoman Mullins said it is overdue. She looks forward to the bigger conversation of removing or greatly reducing the opportunity for fee in lieu payments. Councilman Hauenstein agrees with Ann. He would like to limit the cash in lieu to less than one FTE. He supports the increase but would limit it to less than one FTE. It should be an automatic increase. Councilman Frisch said this is a stop gap measure. We will never be more than a year behind. There are a lot of reasons we should probably be out of this. By approving this we are buying into this 30 days from now ish until we have another conversation. Mayor Skadron opened the public comment. 1. Peter Fornell commended council for recognizing this has slipped through the cracks. This conversation has been in the works for about a year. This is not a motivator for anyone to enter into the affordable housing market versus the free market. He encouraged council to not push the conversation so far apart that we forgot what we already said. Councilman Frisch said a few weeks ago you raised to macro concerns about the current rate. You won’t build what we are collecting for and it should go up. There is also another factor out there that if someone has the ability to use cash in lieu and APCHA revenue there is the ability to make some money. That has nothing to do what it actually costs to build. We need to include that in this discussion but he is not sure where we are capped out legally. 2. Lee Mulcahy asked where RO fits in. Ms. Phelan replied it is not included. Mayor Skadron closed the public comment. Councilman Myrin said he will support this but would rather see it based on the recent cost to the city. Councilman Myrin moved to adopt Ordinance #5, Series of 2018; seconded by Councilman Frisch. Roll call vote. Councilmembers Frisch, yes; Hauenstein, yes; Mullins, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #38, SERIES OF 2018 – Lease with Elk Mountain Hospitality, LLC for City-Owned Restaurant Real-Estate within the Wheeler Opera House Sara Ott, assistant city manager, said there is no additional information since the work session last week. Councilwoman Mullins asked will Bill be able to get in sooner. Ms. Ott replied we have work to do as the landlord but he may be able to get in sooner. Bill Johnson, owner, said originally the turn around was going to be very compressed. We are looking at having more time to do it right then expedited. He would love to open earlier if possible. Councilman Hauenstein said he has had an opportunity to look at the menu and is disappointed that breakfast is only piloted. Mr. Johnson said it will be part of the program. Regular Meeting Aspen City Council February 26, 2018 7 Councilman Frisch said if we give 28 days per year what do we need to administer. As long as it is under 28 they should not waste our time tracking it. Ms. Ott replied it is more of an operational thing with the Wheeler. Councilman Frisch said it feels like the community lost in trying to do something that was well intentioned. The goal was to keep the lights on during the season. Now it will be lights off. As an apology to the community he feels like we let them down by having the corner dark now. Councilman Hauenstein said we did the best effort we could. It does not feel like council let down the public but the current lease holder did. Councilman Myrin said when council approved the committee were we informed the restaurant consultant would not vote. Ms. Ott said we saw there were current relationships with that individual and two of the four finalists and felt it would not be fair. We utilized Richard Stettner’s expertise instead. Councilman Myrin asked was council informed that was changing. Ms. Ott said the proposal said the committee would use experts. We indicated the Wheeler director, board representative and myself would be part of the process. Councilman Myrin said it was surprising to find on Instagram the update instead of from staff. He wished council was included more throughout the process. Mayor Skadron complimented Sara and the team on an efficient process. No process is perfect but this was a smooth one where we will end up with a good situation. Councilman Frisch moved to adopt Resolution #38, Series of 2018; seconded by Councilwoman Mullins. All in favor, motion carried. Councilman Frisch moved to adjourn at 7:05 p.m.; seconded by Councilwoman Mullins. All in favor, motion carried. Linda Manning City Clerk