HomeMy WebLinkAboutminutes.council.20180430Regular Meeting Aspen City Council April 30, 2018
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CITIZEN COMMENTS ............................................................................................................................... 2
CITY MANAGER REPORTS ..................................................................................................................... 2
BOARD REPORTS ...................................................................................................................................... 2
CONSENT CALENDAR ............................................................................................................................. 2
Resolution #66, Series of 2018 – Contract with Mendez Cleaning Services ........................................ 3
Resolution #67, Series of 2018 – Contract with Iris Carpet Care and Window ................................... 3
Resolution #68, Series of 2018 – Contract for Antero for Phase 1 of the Housing Information
Management System (HIMS) ....................................................................................................................... 3
Resolution #57, Series of 2018 – Contract for Early Childhood Mental Health Consultant ................ 3
Resolution #42, Series of 2018 – As needed contract with CMW Roof Consultant, Inc. .................... 3
Resolution #43 & #44, Series of 2018 – As-needed Roofing Contracts ............................................... 3
Resolution #69, Series of 2018 – National Meter & Automation ......................................................... 3
Resolution #70, Series of 2018 – ADA Improvements Project ............................................................ 3
Resolution #72, Series of 2018 – Contract Amendment with CherryRoad .......................................... 3
Resolution #73, Series of 2018 – Community Enhancement Funds ..................................................... 3
Minutes – April 9, 2018 ........................................................................................................................ 3
NOTICE OF CALL UP ................................................................................................................................ 3
ORDINANCE #11, SERIES OF 2018 – Government Lot 20 – Water Service Agreement ......................... 3
ORDINANCE #10, SERIES OF 2018 – Fee Ordinance Revisions to Implement Performance Parking
Prices ............................................................................................................................................................. 4
ORDINANCE #8, SERIES OF 2018 – Sales Tax Code Amendment .......................................................... 4
ORDINANCE #9, SERIES OF 2018 – Pitkin County Ambulance District – Ambulance Facility .............. 5
RESOLUTION #71, SERIES OF 2018 – Extension of Vested Rights Request – 710 & 720 S. Aspen St –
Lift One Lodge .............................................................................................................................................. 8
Regular Meeting Aspen City Council April 30, 2018
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Frisch and
Hauenstein present.
CITIZEN COMMENTS
1. Bob Morris said at the previous meeting when discussing the sales tax on food it was generally
felt the tax was not a good thing but it funds good things. I agree. I’ve been thinking of ways to
make up the funding shortfall so we can get rid of the bad tax. Vehicle registration tax is 2.9% to
the state, .5 to the county, .4 to RFTA and 2.4 to the City of Aspen. On a $400,000 Ferrari the
registration fee is more than most people pay for a new car. People are not registering their
vehicles here but in other states. The city could be collecting a lot of money in out of state
plates.
2. Mike Maple said Aspen started hosting high quality ski racing events in the 1940s. That heritage
is in grave danger with the City’s inability to move forward with the resolution of Lift 1. Lift 1
got its basic HPC approvals in 2006. It then went through a co-op process. It got approvals in
2011 and we have been waiting another seven years. The current vesting does not expire until
November 2019. Is the vesting question right or should it wait. In two weeks there is a work
session on the lift. The vesting discussion should wait until that discussion. If vesting is not
extended he asked council to restore parking on South Aspen Street.
3. Toni Kronberg said she supports the extension of the vested rights for Lift 1. She wants to make
the council aware that the judge ruled on two of the three issues with the lawsuit on the city
offices. She asked for the city offices to be put on the November ballot.
4. Jeff Peak spoke about community.
CITY MANAGER REPORTS
Trish Aragon, engineering, said the bridge schedule is tracking really well. It is dependent on the weather
and what we find once we uncover the bridge deck. A lot of the underground work has been completed.
The utilities have been repaired and replaced. Concrete has been poured. The Power Plant Road detour
has started today.
BOARD REPORTS
RFTA – Mayor Skadron said they have been discussing the possible mill levy around destination 2040
and future funding needs. More to come.
CONSENT CALENDAR
Councilman Hauenstein said he is concerned that items C and I are IT and database related. Over the last
few years with APCHA there are contracts for over a million dollars and for finance with Cherry Road
over one million. Finance is looking at 2019 for an in house staff member to do this work. Generally, I
do not support that but in this case I could. I would like to keep that staffing conversation open.
Pete Strecker, finance, said there will be support needed when these systems come on board. What we
are putting forward tonight are support hours to work through implementation of our system. We are still
trying to make it hum. We lost two key staff members and are replacing lost knowledge. We are in a
cloud based system and the IT component is there. There are challenges with it though. An additional
staff member is something we may want to visit in the 2019 budget. This request is still below the total
1.5 million budget. Councilman Hauenstein said he is not opposed to either of these items but wants to
make sure we consider having staff proficient in these areas.
Reso 69 – water meters
Regular Meeting Aspen City Council April 30, 2018
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Councilman Frisch said he is supportive of this. In the discussion for future smart meters, will all this
product be capable of integrating to that kind of system. Lee Ledesma, utilities, said since Burlingame we
offer owners that AMI technology. 30 percent of water accounts have AMI on them. We offer free AMI
upgrades to our customers. We are in the middle of demo’s in May for vendors who bid on the RFP.
• Resolution #66, Series of 2018 – Contract with Mendez Cleaning Services
• Resolution #67, Series of 2018 – Contract with Iris Carpet Care and Window
• Resolution #68, Series of 2018 – Contract for Antero for Phase 1 of the Housing Information
Management System (HIMS)
• Resolution #57, Series of 2018 – Contract for Early Childhood Mental Health Consultant
• Resolution #42, Series of 2018 – As needed contract with CMW Roof Consultant, Inc.
• Resolution #43 & #44, Series of 2018 – As-needed Roofing Contracts
• Resolution #69, Series of 2018 – National Meter & Automation
• Resolution #70, Series of 2018 – ADA Improvements Project
• Resolution #72, Series of 2018 – Contract Amendment with CherryRoad
• Resolution #73, Series of 2018 – Community Enhancement Funds
• Minutes – April 9, 2018
Councilman Hauenstein moved to approve the Consent Calendar; seconded by Councilman Frisch. All in
favor, motion carried.
NOTICE OF CALL UP – Notice of HPC approval of Conceptual Major Development, Demolition,
Relocation, Floor Area Bonus and Setback Variations for 533 W Hallam, HPC Resolution #4, Series of
2018
Sarah Yoon, community development, told the Council on April 11th HPC approved conceptual. This is a
Landmark Victorian on a 6,000square foot lot. They have proposed a series of additions and alterations
including demolition of the non-historic structure and full restoration including reopening the porches.
HPC recommended design revisions specifically to above grade massing. The final revisions were
approved unanimously and they did receive a bonus. Council may call up today or on the 14th or the
resolution shall stand.
Mayor Skadron said historic applications see a level of scrutiny others don’t see and this was seen many
times by HPC. Council is not desirous of a call up.
ORDINANCE #11, SERIES OF 2018 – Government Lot 20 – Water Service Agreement
Tyler Christoff, utilities, stated this is an exterritorial water agreement for Little Cloud lot 20. It includes
commitments for appropriate infrastructure, mitigation fees, stormwater mitigation and potential future
annexation. The property is surrounded by properties with city water service. The agreement allows the
community to apply uniform conservation techniques. It provides for the benefits for clean, reliable
municipal water of its neighbors.
Matt Brown, helping develop the site, said he considers it a win win. Currently the site is equipped with a
well. This is a good thing for the city. The lot is located in the county and they have their own fees as
well. They don’t object to the city fees. They request for the affordable housing mitigation fees that the
top line number they pay to the county be applied to that number.
Councilman Frisch asked if this was in the city what would the fee be to start. Mr. Christoff replied he
would have that for second reading.
Councilman Frisch moved to read Ordinance #11, Series of 2018; seconded by Councilman Hauenstein.
All in favor, motion carried.
ORDINANCE NO. 11
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(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING
A WATER SERVICE AGREEMENT WITH THE OWNER OF GOVERNMENT LOT 20
COMMONLY KNOWN AS 333 S. SECOND STREET, FOR PROVISION OF TREATED WATER
SERVICE OUTSIDE THE CITY LIMITS.
Councilman Hauenstein moved to adopt Ordinance #11, Series of 2018 on first reading; seconded by
Councilman Frisch. Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes; Mayor Skadron, yes.
Motion carried.
ORDINANCE #10, SERIES OF 2018 – Fee Ordinance Revisions to Implement Performance Parking
Prices
Councilman Hauenstein asked what is the basis for the 30 percent of traffic circulating looking for a
parking spot. Mayor Skadron said it is from the study by Smarking. Councilman Hauenstein said one of
the goals is parking availability in the core. We are increase rates to encourage people to vacate spaces.
Should the first 15 minutes be free of purchased 30 minutes parking. Councilman Frisch said most cities
have a grace period. The 15 minutes allow the quick turn over we want. We already allow the free
parking up to 10 am. He is not supportive of just giving 15 away for free other than the test we talked
about. We want turn over. Mayor Skadron said he is supportive as how it is written.
Councilman Hauenstein said the mobile apps allow purchase by 15 minute increments but that will be
changed to 1 hour. He does not support that. Jim True, city attorney, said the intent was not to prohibit
people from using the app to buy 30 minute increments. Blake Fitch, parking, said the app is not capable
of 15 minute parking purchases but you can do it at the meter. The vendor is working on updating the
technology and the hope is it will be done before the end of the year.
Councilman Frisch moved to read Ordinance #10, Series of 2018; seconded by Councilman Hauenstein.
All in favor, motion carried.
ORDINANCE NO. 10
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING SECTION 2.12.060 TO
INCREASE ON STREET PARKING FEES.
Councilman Frisch moved to adopt Ordinance #10, Series of 2018 on first reading; seconded by
Councilman Hauenstein. Roll call vote. Councilmembers Frisch, yes; Hauenstein, yes; Mayor Skadron,
yes. Motion carried.
ORDINANCE #8, SERIES OF 2018 – Sales Tax Code Amendment
Linda Manning, city clerk, told the Council in November the voters approved the sales tax on tobacco
products. This ordinance removes the exemption of cigarettes from sales tax that is currently in the sales
tax code. It is purely a clean up to the code.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Hauenstein moved to adopt Ordinance #8, Series of 2018; seconded by Councilman Frisch.
Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes; Mayor Skadron, yes. Motion carried.
Regular Meeting Aspen City Council April 30, 2018
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ORDINANCE #9, SERIES OF 2018 – Pitkin County Ambulance District – Ambulance Facility
Councilman Hauenstein stated he had a conversation with a friend who lives at Twin Ridge and discussed
the first reading and height. He stated he can render judgement without bias.
Ben Anderson, community development, stated this falls under the major public project review. There
are several reviews including PD. Existing conditions include the HHS building, 59 parking spaces,
circulation for RFTA, the facility is owned by the Hospital and the lot was subdivided by the county and
later annexed into the city. It is a two phase project including the redesign of the existing parking then the
establishment of the new facility.
The major public project review is mandated by State law. The decision by council must be made within
60 days of receiving the application. This action is a one step combined review. The site is zoned public.
The dimensions are set by the PD. The required front yard setback is 30 feet. The applicant is proposing
10. Staff is recommending 10. The height is required at 28 feet, proposed at 32, 2 and ½ and staff is
recommending 28.
The parking lot has been redesigned. There is an existing unapproved trail and the applicant is proposing
some improvements to the trail.
Mr. Anderson showed images of the east and north elevations.
Issues needing clarification from 1st reading include:
Parking lot circulation
Employee generation mitigation
Level 2 TIA assessment
Height
P&Z recommendation
Parking and access circulation. There are 59 existing spaces. The redesign has 60 spaces. The proposal
includes a raised crosswalk into the parking lot.
Growth management waiver request. There is no limit on annual allotments for essential public facilities.
Employee generation can be evaluated based on an actual employee count rather than floor area
calculations that are more typical. The current employee count is 13.96 FTE. The APCHA board
recommends waiving growth management mitigation subject to an audit at CO and 5 and 10 year
intervals. If there is an increase in employees found during an audit mitigation would be required at that
point. P&Z concurred with that recommendation. This is a similar recommendation to other recently
approved essential public facilities.
TIA and its relationship to transportation demand management. Outside the round a bout requires a level
2 analysis. The applicant submitted a TIA for the larger hospital project. When we considered this
project we did not have a TIA that considered this project as a stand alone facility. We came up with a
good outcome including on site mobility and access improvements including bicycle parking and
upgraded trash and recycling facilities at the RFTA stop. They completed concept design work with
continued Pitkin County participation in efforts to reconfigure the circulation from Castle Creek Road to
the existing bus stop.
The one issue that remains a concern for staff is the height. They are committed to 32 feet. Staff is
recommending 28 based on the 8040 greenline and the existing approval. I have received a few emails on
height. One from Judith Prohaska. Most deal with impacts to the neighbors from noise coming from
mechanical on the roof. I also received a letter from Graham Means with a similar concern regarding
rooftop mechanical.
Staff recommends approval subject to conditions with a maximum height of 28 feet.
Applicant - John Peacock, Gabe Meuthing, Kevin Heath, Rachael Richards
John Peacock, county manager, told the Council the current facility is in poor condition. It is undersized
for modern ambulances. It does not have modern living or sleeping facilities or storage. In 2014 the
Aspen Ambulance District went to the voters and a mill levy was approved in part to approve
Regular Meeting Aspen City Council April 30, 2018
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improvements to this facility. We did not automatically assume the facility would be located in this
location.
Gabe Meuthing, operations direction, spoke about where to put the facility. The round a bout is the 50%
mark in terms of coverage. 100% of the calls end at the hospital. Being at the hospital allows for a huge
amount of efficiency.
Mr. Peacock said once we determined the hospital location was best we determined the existing location
had some challenges. To use the site would have required significant excavation and retaining walls.
Public outreach – we conducted lots of outreach, press release, newspaper articles and ads, website and
radio ads. Public meetings began in August. The biggest concern was noise and mechanical on the roof.
Next was height followed by maintaining the trail easement. There was a lot of concern about future
growth and phasing, get it done now. Four concepts were presented with one moving forward.
We agree with all the proposed conditions with exception of the height. We propose to place the
mechanical in the building to address the noise concerns of the neighbors.
The proposed condition is to limit the height to 28 feet. The current design is for 32 2.5. the code as it
relates to mechanical on top of the building may extend up to 6 feet to include screening. We are not
asking to go higher than that amount. We want to use the roof not only for a visual impact but for noise
impact. The public zone district provides discretion for dimensions.
Kevin Heath, architect, said the surrounding roof heights including the hospital is near 50 feet. The HHS
building height is 35 feet. The proposed building height goes from 26.5 to 34. The mechanical units are
on the upper level. All the ducts exit on the north side facing the hospital.
Mr. Peacock said with screening the mechanical height could reach to 34 feet but it would not address the
neighbors concern. At a height of 28 feet we cannot put the mechanical inside. He requests council
consider the additional roofline as screening to address the mechanical. This design best addresses the
neighbors concerns and the community needs.
Jessica Garrow, community development, said we continue to recommend 28 feet. The code language
related to mechanical tries to get to the minimal requirement. A similar discussion occurred with the art
museum. Part of that approval is for internal mechanical. We would continue to recommend 28 with
screening and mechanical on the roof. It is about grouping mechanical rather than a straight 34.
Councilman Hauenstein had some questions about the process. It is a two step 60 day process for
essential public facilities. The county previously used this for their offices. If we say no does the county
get to build it anyways. Ms. Garrow replied if council approves something tonight with the 28 feet in the
draft ordinance they can go back to the BOCC and ask them to amend those conditions then move
forward. That is allowed through the public process piece. If council does not make a decision tonight
then it is approved by default. If it is denied than it is the same process where they go back to the BOCC.
Councilman Hauenstein asked is the essential public facility process subject to a referendum. Not all
public facilities go through this process, only governments. Mr. True said in this situation I don’t believe
it would be referable. Councilman Hauenstein asked how do other municipalities approve public
facilities. Mr. True replied in a number of different ways. Some take advantage of their own powers to
construct. Councilman Hauenstein said unlike the county, the city chose to use the private development
process.
Councilman Frisch gave a thanks to Gabe and the team for all you do. The code tries to solve for the
visualization for mechanical not noise. Ms. Garrow replied right. Councilman Frisch said staff is
recommending when there is an allowance for mechanical it takes up 5 to 10 percent not the entire roof
line. Do you see a workable solution, or does visualization trumps noise. Ms. Garrow said it is based off
Regular Meeting Aspen City Council April 30, 2018
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of code. Councilman Frisch said we are looking at that some point down the road. Ms. Garrow replied
yes.
Mayor Skadron opened the public comment.
1. Annie McClain, home owner at Twin Ridge. Are we talking four or five feet over quality and
health. Why can’t we have the mechanical inside and keep our quality of life and health.
2. Karen Reinman, Twin Ridge, said this is something we want right from the beginning. The noise
is not acceptable.
3. Garry Critzer, Twin Ridge, said he appreciates they are trying to mitigate the noise and the path.
He would rather see the building than hear it.
4. Toni Kronberg said people are not complaining about the additional height. She supports the
request for the additional height. There are no views impacted by this.
5. Lori Malloy, chief clinical officer for the hospital, urged council to approve the application. The
ambulance district is part of our team. The relationship serves them, the hospital and community
very well. She supports the recommendations.
6. Steve Wicks, Meadowwood HOA president. He is concerned with increased traffic. They
accepted this is the best place for the building. Do what you can to mitigate the noise. Do it right
from the beginning.
7. Chris Martinez, emergency doctor at the hospital. He is proud of the EMS services in the county
and what we are able to do here. A close location is very helpful with allowing the medics to
work in the hospital and train with us collectively.
8. Lisa Poole, at 11 years still one of the newer members of the team. Spoke about the commitment
of the EMS staff, volunteer hours, work commitment and the facility they do it all in. They need
a better facility.
9. Mike Lyons, Twin Ridge homeowner, said the size of the building is not needed. Why do we
need it and why does it need to be this size. Asked why the North 40 is not being utilized. Down
town makes more sense in terms of service area. Suggested the fire and ambulance district work
this out.
Mayor Skadron had the EMS staff present introduce themselves.
Mayor Skadron closed the public comment.
Mr. Peacock said they did do scoping at the fire department and the North 40. The fire district did note
they can store an ambulance but there was not a long term commitment there. The district provides
advanced life support unique to a small community. We have a public public partnership with the
hospital that is benefitting the community. The response back to Aspen from the north 40 would have
been slow. There would have been administrative costs as well. In terms of sizing we worked with the
staff and listened to the neighborhood to get it right the first time. Most of the space is to accommodate
the ambulances and the equipment. Mr. Meuthing said he does not think it is overbuilt. It allows for
existing and future crews. We did work with the fire district. It wasn’t a space question as much as a
governance one. They are a volunteer service. There is not an equalivance right now absorbing the
professional ambulance service into the volunteer fire service. These needs are now.
Councilman Hauenstein asked about the 5 and 10 year audit. The old ambulance facility if it created
more FTEs it goes to the hospital. Mr. Peacock said right now the hospital and county are in negotiations.
The county has the balance of a 50 year lease on that facility. The intended use is on facilities and storage
of equipment. They are under the same 5 and 10 year audit process. Councilman Hauenstein said we
owe it to the community and the community has funded it. I argued for more height across the street for
workforce housing. I think there are times when additional height is warranted.
Rachael Richards, county commissioner, said we appreciate your time and staffs time. The critique has
really improved this project. She asked council for their approval on the project.
Regular Meeting Aspen City Council April 30, 2018
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Councilman Frisch said he shares some of Wards concerns about the process. He thinks more and more
people are going to want to see a building then hear one. We are weighing community values and there is
something to be said to that. He is supportive of what the applicant is asking for but wish there is a way
to see the building smaller.
Mayor Skadron said thanks for your comments. What gets difficult for me is the city is often in a lose
lose situation. What leaves me a little bit unsettled is that you put us in this situation. If we approve this
you are asking us to approve a variance in a city doesn’t approve them and go against community will. If
we deny the ordinance we are going against community will and it will be built as is anyways. Ms.
Richards said she looks at it as a choice between right and right. Mayor Skadron said my comments aside
I will support it as well because it is the right thing to do.
Ms. Garrow said she recommends changes to Section 4 to say 33 feet with addition of a statement that
says there is no height exception for rooftop mechanical. Any necessary top of building mechanical
equipment shall be internal to the roof structure.
Councilman Hauenstein moved to adopt Ordinance #9, Series of 2018 with conditions and amendments;
seconded by Councilman Frisch. Roll call vote. Councilmembers Frisch, yes; Hauenstein, yes; Mayor
Skadron, yes. Motion carried.
RESOLUTION #71, SERIES OF 2018 – Extension of Vested Rights Request – 710 & 720 S. Aspen St
– Lift One Lodge
Garrett Larimar, community development, stated Ordinance #28, of 2011 approved the Lift One Lodge
PD. It included 5 years worth of vesting with the approval. They received two extensions so the vesting
will expire in November of 2019. Staff is supportive of this request. The applicant is actively
participating in the lift relocation process. It is important to provide time to respond to any proposed lift
relocation. We are recommending an extension for two years. It will be 10 years from the original
approval date. We have received comments from Gorsuch and Ski Co in support of extensions of 8 and 7
months respectively.
Stan Clauson, representing the applicant, said we have been very active participants to determine the best
alignment of the lift and the outcome of S. Aspen Street. It is a complex project. We believe the schedule
involves substantial rush to come forward with a completed project based on a new lift alignment. Based
on that we asked for the three years.
Michael Brown, owner, said we’ve been fully engaged in the process with the consultant on the lift
alignment. We really believe it will deliver a favorable outcome for the community. We want to be fully
engaged in the process and if for some reason it doesn’t work we need time to reboot. We have been fully
dedicated in this process and have been working with the other stakeholders.
Mayor Skadron asked why did you hear from the others 8 and 7 months. Mr. Brown said we have been
fully engaged and committed. We believe we have a good ongoing dialogue with them. I’m not sure if
they are fully aware of how long we have or how long it takes for entitlements.
Ms. Garrow said we have been in close communication with the Lift One Lodge team and the other teams
and asking them what they need and what happens if we are not successful on agreeing on an alignment.
The timeframe is different from Lift One Lodge and Gorsuch. If this craters in they need more time to
take the existing project and turn it into a building permit.
Councilman Hauenstein said he is appreciative of their willingness to work with the process. The future
of Aspen is in that area. We had another development that was beyond the 10 years where we had to deal
Regular Meeting Aspen City Council April 30, 2018
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with if it was legal to go beyond that. I don’t want to see this go beyond the 10 years. I would be open to
revisit this between now and 2021 if things don’t pan out.
Councilman Frisch said he is really happy that everyone is fully engaged and we are making good
progress. Is the plan on May 15 to get an update and an agreeable place to put the lift. Ms. Garrow
replied yes. At this point we believe there are two viable options that all four parties can support to
varying levels. We will ask council for input. Based on that the Lift One team has an aggressive timeline
to submit. Gorsuch has a similar schedule but they can skip P&Z. We have all of June and July for
council review. Councilman Frisch said on the off chance things don’t play out the community is still
protected with the extended vested rights. Ms. Garrow said there aren’t a lot of changes that affect this
project because of the level of commitments that were already made.
Mayor Skadron said he has nothing additional to add. I think council is leaning to two years. The reason
I can embrace two years is it provides some consistency. He would support the staff recommendation.
Thank you, Mike, for getting the lift moving. Your effort has helped get it to this point. Councilman
Hauenstein said he is appreciative of the 100% employee housing on site. It is really admirable.
Councilman Frisch moved to adopt Resolution #71, Series of 2018; seconded by Councilman Hauenstein.
All in favor, motion carried.
Councilman Hauenstein moved to adjourn at 8:50 p.m.; seconded by Councilman Frisch. All in favor,
motion carried.
Linda Manning
City Clerk