HomeMy WebLinkAboutminutes.council.20180529Regular Meeting Aspen City Council May 29, 2018
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SPECIAL ORDERS OF THE DAY ............................................................................................................. 2
CITIZEN COMMENTS ............................................................................................................................... 2
CITY COUNCIL COMMENTS ................................................................................................................... 3
CITY MANAGER REPORTS ..................................................................................................................... 3
BOARD REPORTS ...................................................................................................................................... 4
CONSENT CALENDAR ............................................................................................................................. 4
Resolution #83, Series of 2018 – Approval of Stipulations in Maroon and Castle Creek Conditional
Water Storage Rights Diligence Cases (16CW32128 and 16CW3129) ....................................................... 4
Resolution #78, Series of 2018 – Vertiba Building Permit Management Contract Extension ............. 4
Resolution #81, Series of 2018 – Aspen Mountain Tank to Little Nell Pump Station Waterline
Request for Contract Approval ..................................................................................................................... 4
Resolution #85, Series of 2018 – Steep Terrain Mower ....................................................................... 4
Resolution #82, Series of 2018 – Aquatic Score Board ........................................................................ 4
Minutes – May 14, 2018 ....................................................................................................................... 4
ORDINANCE #12, SERIES OF 2018 .......................................................................................................... 4
ORDINANCE #7, SERIES OF 2018 – Spring Supplemental Budget .......................................................... 5
ORDINANCE #14, SERIES OF 2018 – Code Amendment – Harassing Wildlife ...................................... 5
Regular Meeting Aspen City Council May 29, 2018
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin, Mullins
and Frisch present.
SPECIAL ORDERS OF THE DAY
Historic Preservation Awards – Amy Simon, Sarah Yoon, Jeffrey Halferty and Councilwoman Mullins
presented the Awards to:
110 E Bleeker Street
Owner: Doug and Kendall Knaus
Developer: Aspen Starwood, LLC
Architect: Kim Raymond Architects
Contractor: Sherlock Homes Construction
Engineer: Riverstone Structural Concepts
Mason: Mountain West Masonry and Stone LLC
Painter: Swedish Painting Company
229 W. Smuggler Avenue
Owner: David and Marsha Dowler
Architect: CCY Architects
Contractor: Koru LTD
Landscape Architect: bluegreen
Interiors and Owner’s Representative: Cheryl Troxel, Nablo/Troxel Design
Structural Engineer: KL&A
Land Planner: Haas Land Planning
Legal Counsel: Sherman & Howard
211/215 E Hallam Street
Owner: Nora Berko, Howie Mallory, Mirte Mallory and Philip Jeffreys
Architect: Harry Teague Architects
Contractor: Crystal Springs Builders
Engineer: Resource Engineering Group, Inc
Landscape Architect: Connect One Design
Land Planner: Stan Clauson Associates, Inc
Elisabeth Paepcke Award presented to the Aspen Historical Society for the remodel of the archives
The Welton Anderson Design Award was presented to Harry Teague
CITIZEN COMMENTS
1. Janice Vos Caudill, Pitkin County Clerk and Recorder, told the Council ballots drop next week.
This is the first election unaffiliated voters will be allowed to vote in the primary. Next week, Monday all
ballots will drop. Democrats and republicans will receive their ballots. Unaffiliated voters will receive
both major party ballots. Pick one, vote one, return one. If you return both ballots voted you will
disqualify yourself. Go to pitkinvotes.com if you have questions. Return your ballot early. Early
returns on election night will be shortly after 7 with the first upload.
Councilman Myrin said if you receive both and return both you are disqualified. If you return both can
you clear that up. Ms. Vos Caudill replied, no it will be disqualified. When we open those we need to
record your preference. Unaffiliated voters who return a ballot will be recorded in the state wide system.
After the election that preference will be eliminated in the system. Going forward, you will receive two
ballots in the mail.
2. Rob Ittner, owner of Rustique, cooking school of Aspen, soon to open the cottage, and
restaurant seat to aspen chamber as well as running for county commissioner in November. He said he
Regular Meeting Aspen City Council May 29, 2018
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talked to the mayor about staffing. It has always been challenging. He said he has never seen staffing
challenges like we are seeing today. There are a number of restaurants that are operating with a deficit of
staffing. It is one of the most crucial aspects as a governing body we need to be looking at other than
sales tax dollars. I don’t have the solutions but think it needs to be on the forefront to making a
sustainable environment. He does not think we have the housing market or employee base to sustain. It
will be more and more challenging to keep things affordable in this market.
Councilwoman Mullins said once you get staff is turnover a problem. Mr. Ittner said at least half my staff
has been with me 12 plus years. It is a balance between off and on season and transition of staff. Feast
and famine. Seasonality and the turnover of businesses is the biggest effect.
Councilman Myrin said council has limited the double dipping for new buildings for mitigation. This
council has phased out the exemption for existing commercial development. A lot of this comes because
people kept asking for housing variances. There are little things we are chipping at. A mitigation rate of
less than 100 percent doesn’t make sense to me. Lobbying on legislation changes is probably where you
could be most helpful.
3. Toni Kronberg said she wrote a letter to the editor on bucket list projects. She asked council to
add the outside swimming pool area to the ARC plans. She brought up the study for the aerial connection
from Brush Creek to Aspen again. She said she has always been a supporter of new city offices just not at
the proposed location. She said to buy any piece of property for new city offices except where the current
proposal is and she will support it.
4. Will Rousch said there is a consent item to approve documents to move water rights out of the
Castle Creek valleys. He would encourage you to vote yes on those. He thanked council and staff for all
the work to get here. Your commitment to the future of the Aspen water supply and environment has
been wonderful. He thanked Dave and Margaret for all the work that has gone into this.
5. Lee Mulcahy said he is an artist. He brought in more signatures for a peaceful resolution. This
will bring it to over 950.
CITY COUNCIL COMMENTS
Councilwoman Mullins said the CML annual meeting is in June. She will be attending the three day
meeting in Vail. We will be hosting the district 12 meeting in October. She led the kids parade last
Thursday. It was a great time. She also attended the Memorial Day service in Conner park. It was great
to see the youngest and oldest residences in three days.
Councilman Myrin said he is curious to hear from Lee or staff if there were other residences in similar
situations as Lee who missed a deadline and treated similarly. Good to hear about the historical society
remodel. It is a model the city could consider for city hall if we have the opportunity. For city hall, if we
could wait to November to start construction if would be appreciated. Council should talk about the
carrying capacity issue. Rob spoke about it a little today. It is critical for us to understand that balance.
Councilman Frisch said there is something to be said about long term planning. We can talk more about
it at the retreat. Hats off to Dick Merritt. It is an unpayable debt to all those who paid their life and those
who served. Hats off to Amy and the whole HP team for all the work that gets done. Thanks to everyone
who served, won awards and the team.
Mayor Skadron thanked Dick Merritt and Dan Gliden for bringing us together year after year. Because of
them we will never forget those who served.
CITY MANAGER REPORTS
Trish Aragon, engineering, gave an update on the bridge. We announced last week the August start up
will be the 20th. We are in phase 3 work right now. The project will create a safe corridor for all users
including drivers and busses. It is much more than just a trail project. This phase will stop June 12th. We
will still be working outside of traffic. There will be 2 way traffic over the bridge.
Regular Meeting Aspen City Council May 29, 2018
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BOARD REPORTS
Councilman Frisch said the Nordic board is working on possible stages of early snow making at the
Moore family lots. We are very well aware there are water and environmental issues. We are kicking
around different ideas.
CONSENT CALENDAR
Councilman Frisch asked for an update on where we are with the water cases.
Dave Hornbacher, utilities, said we are going through the process with the water referee. One of t he
current deadlines are responses with remaining opposes by June 1st. We have come to agreements with
several opposes and they are included in the packet tonight. Those not in today’s packet will have formal
responses and we will see how they respond.
Jim True, city attorney, said we are working with the attorneys with the remaining opposes. There has
been good progress in the last week. Cindy Covell is working closely with them. The resolution would
authorize us to proceed and execute stipulations if they are similar to the ones in the packet today.
Councilman Frisch said to keep up the progress.
Councilwoman Mullins said I never supported giving up any of the conditional water rights. Because of
the questions and persistence of the community we have come up with a much better plan. The other part
that concerned me was we are now talking about 8,500 acre feet opposed to 14,000. Again because of the
community pressure we recalculated the needs and came up with the 8,500 feet, which is what we need
resulting in less storage. Thank you to the community and the groups that pushed us to find a solution.
Mr. Hornbacher said Will was up here earlier and the parties have really tried to work collaborately
towards a solution.
Councilman Myrin said it goes back to carrying capacity and how do all these things fit together. What is
the snowmaking expansion for the trails. How do we balance all of this in the long term planning
conversation. He would like us to have those conversations. It was suggested to him by a voter for the
city to replace all the high flow toilets with low flow ones in employee housing.
• Resolution #83, Series of 2018 – Approval of Stipulations in Maroon and Castle Creek
Conditional Water Storage Rights Diligence Cases (16CW32128 and 16CW3129)
• Resolution #78, Series of 2018 – Vertiba Building Permit Management Contract Extension
• Resolution #81, Series of 2018 – Aspen Mountain Tank to Little Nell Pump Station Waterline
Request for Contract Approval
• Resolution #85, Series of 2018 – Steep Terrain Mower
• Resolution #82, Series of 2018 – Aquatic Score Board
• Minutes – May 14, 2018
Councilman Frisch moved to approve the Consent Calendar; seconded by Councilman Myrin. All in
favor, motion carried.
ORDINANCE #12, SERIES OF 2018 – Spring Budget – Component Unit Funds: APCHA, Smuggler
and Truscott Phase II
Pete Strecker, finance, stated this is the operational carry forward for PCs and work stations. This also
includes one capital project for $65,000 at Truscott 2.
Mayor Skadron open the public comment. There was none. Mayor Skadron closed the public comment.
Councilwoman Mullins moved to adopt Ordinance #12, Series of 2018; seconded by Councilman Frisch.
Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Myrin, yes; Mayor Skadron, yes. Motion
carried.
Regular Meeting Aspen City Council May 29, 2018
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ORDINANCE #7, SERIES OF 2018 – Spring Supplemental Budget
Mr. Strecker stated what is included is mostly carry forward. Capital is 70 percent. The State requires
readoption of carryforward. 10 percent is requests that have come before council since the start of 2018.
3 percent is for new request. There have been a few changes since first reading, all decreases. There has
been one late approval for an item already seen by council related to broad band included with this
request.
For the increase to grass roots, Rebecca responded that we pay them roughly $50,000 and the $5,600 is on
top of that.
Councilwoman Mullins asked for the money to the permits management system, $25,000, didn’t we just
give them more money. Mr. Strecker replied this is the formal action to adopt that money. Jessica
Garrow, community development, stated it is not additional money, this just funds that. Councilwoman
Mullins asked for the supplemental for the Red Brick, what is that covering. Mr. Strecker replied the
director position, a part time admin and a maintenance person as well as all the utilities to operate that
facility.
Councilman Myrin said the $100,000 for the uphill economy. We are trying to add jobs while Rob came
in and spoke about a shortage of housing. It is a lot to spend to attract business when we can’t keep up
with what we have.
Mayor Skadron opened the public comment. Lee Mulcahy commented unrelated to the Ordinance.
Mayor Skadron Closed the Public comment.
Councilman Frisch moved to adopt Ordinance #7, Series of 2018; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Myrin, yes; Mayor Skadron, yes. Motion
carried.
ORDINANCE #14, SERIES OF 2018 – Code Amendment – Harassing Wildlife
Mayor Skadron said there has been a huge response in the community, generally all positive.
Audrey Radlinski, community response officer, said council asked for more details on how we will
provide public outreach. Gena Gordon, community response officer, passed out handouts for the bear
aware campaign. She said we are revamping the campaign this year based on the education the
community needed. This process began prior to the harassment ordinance. We will give the brochure to
the hotels and make ourselves available for questions. We will also distribute them to property
management companies. We have a magnet listing six steps for protecting your home and the wildlife.
We also have a flyer for restaurant outreach. The community response officers have been reaching out to
all 120 restaurants. We created a bear business card to hand out when we make contact with citizens.
Mayor Skadron asked them to talk about signage on the mall. Ms. Gordon said they are creating
sandwich boards with the PIO. They are also working on PSA’s, ads, newspapers spots and radio ads.
We have been physically walking to property managers and hotels.
Mayor Skadron opened the public comment.
1. Lee Mulcahy asked is it bear specific. Ms. Gordon replied it is not bear specific. Mr. Mulcahy
asked a hypothetical question. Mr. True said he will not answer a hypothetical question.
Mayor Skadron closed the public comment.
Councilman Myrin said nothing happens because of one person on council. It is nice to have unanimous
support for the changes.
Regular Meeting Aspen City Council May 29, 2018
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Councilman Myrin moved to adopt Ordinance #14, Series of 2018; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion
carried.
Mr. True stated staff recommends Council go into executive session pursuant to C.R.S. 24-6-402 (a) The
purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (b)
Conferences with an attorney for the local public body for the purposes of receiving legal advice on
specific legal questions and (e) Determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations and instructing negotiators regarding potential property
acquisitions and litigation update regarding Goldenberg and Goshorn V. the City of Aspen.
At 6:40 p.m. Councilwoman Mullins moved to go in to executive session; seconded by Councilman
Frisch. All in favor, motion carried. At 10:30 p.m. Councilwoman Mullins moved to come out of
executive session; seconded by Councilman Frisch. All in favor, motion carried. Councilwoman Mullins
moved to adjourn; seconded by Councilman Frisch. All in favor, motion carried.
June 5, 2018
At 4:03 p.m. Mayor Skadron called to order the special meeting with Councilmembers Mullins,
Hauenstein and Frisch present. Jim True, city attorney, recommended Council go into executive session
pursuant to C.R.S.24-6-402 (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or
other property interest; (b) Conferences with an attorney for the local public body for the purposes of
receiving legal advice on specific legal questions and (e) Determining positions relative to matters that
may be subject to negotiations; developing strategy for negotiations and instructing negotiators regarding
potential property acquisitions. Councilman Frisch moved to go into executive session; seconded by
Councilwoman Mullins. All in favor, motion carried. At 4:37 Councilman Frisch moved to come out of
executive session; seconded by Councilman Hauenstein. All in favor, motion carried. Councilman
Hauenstein moved to adjourn the special meeting; seconded by Councilwoman Mulling. At 4:54 p.m.
Mayor Skadron called to order the special meeting with Councilmembers Mullins, Hauenstein and Frisch
present. Mr. True recommended Council go into executive session pursuant to C.R.S.24-6-402 (a) The
purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (b)
Conferences with an attorney for the local public body for the purposes of receiving legal advice on
specific legal questions and (e) Determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations and instructing negotiators regarding potential property
acquisitions. Councilman Hauenstein Moved to go into executive session; seconded by Councilman
Frisch. All in favor, motion carried. AT 6:35 p.m. Councilman Hauenstein moved to come out of
executive session; seconded by Councilwoman Mullins. All in favor, motion carried. Councilwoman
Mullins moved to adjourn; seconded by Councilman Hauenstein. All in favor, motion carried.
Linda Manning
City Clerk