HomeMy WebLinkAboutminutes.council.20100426Regular Meeting Aspen City Council April 26, 2010
OUTSTANDING PLANNING AWARD ........................................................................ .. 2
CITIZEN PARTICIPATION ............................................................................................ .. 2
COUNCILMEMBER COMMENTS ................................................................................ .. 2
CONSENT CALENDAR ................................................................................................. .. 4
• Resolution #33, 2010 -Contract Parking Garage Equipment .............................. .. 4
• Minutes -April 12, 2010 ...................................................................................... .. 4
ORDINANCE #11, SERIES OF 2010 - 726 W. Francis Crossroads Church Essential
Public Facility ................................................................................................................... .. 4
ORDINANCE #1Q SERIES OF 2010 -Supplemental Appropriations .......................... .. 5
ORDINANCE #28, SERIES OF 2009 -Mountain Plaza (Bidwell) Building 434 E.
Cooper ............................................................................................................................... .. 5
TERMS AND CONDITION OF EMPLOYMENT -City Manager ............................... .. 9
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Re¢ular Meeting Aspen City Council Apri126, 2010
Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Romero,
Johnson and Torre present.
OUTSTANDING PLANNING AWARD
Jessica Garrow, community development department, announced the city and Pitkin
County won an award from the American Planning Association for the public process for
the community plan update. This process previously won an awazd from the state
planning association. Ms. Garrow told Council the award noted the process was
innovative, creative and comprehensive and engaged over 1,000 citizens.
Mayor Ireland announced Council will consider Ordinance #10, 2010, Appropriations,
before the Mountain Plaza/Bidwell ordinance. Mayor Ireland said Council is not making
a decision on Bidwell as Councilman Skadron is missing and the public hearing will be
continued to July 12`h.
CITIZEN PARTICIPATION
1. Howie Mallory commended the city streets department. Mallory told Council he
notified the streets department of a sign that needed to be replaced this morning and it
was done by 4 p.m. Mallory reminded everyone to vote in the Aspen Valley Hospital
election. It is an all-mail ballot election and the ballots are due at the hospital by 7 pm
May 4`h. Mallory said if one has not received a ballot, they should contact the hospital.
2. Elizabeth Milias rebuked Steve Barwick, City Manager, for wanting an
employment contract after operating for years without one. Ms. Milias noted the lack of
leadership and items such as the Burlingame brochure, the purchase of BMC West for
$18 million, negligence of staff in the local marketing district costing the city $1 million,
a lease for life in city property to the public works director, and the lack of follow up
from the May election. Ms. Milias said the city manager can continue to operate the
same way that he has for the last 10 years.
3. Phyllis Bronson said she finds Ms. Milias' speech appalling. Ms. Bronson said
Steve Barwick has done a good job.
4. Toni Kronberg announced tomorrow Council is having a work session on the
recycle center. At the same time, there is a P&Z meeting on the transportation policy of
the Aspen Area Community Plan. Ms. I{ronberg said the community would like to know
why they are not getting an outdoor swimming pool.
L Councilman Romero said all of the decisions outlined earlier, decisions on policy,
decisions on procedure, decisions on purchases, rest with the City Council. The city
manager had an administrative role and Council bears the brunt of success and failure of
their decisions. Councilman Romero pointed out the BMC land purchase was a Council
ReEUlar Meeting Aspen City Council Apri126, 2010
decision, not the city manager. Councilman Romero noted late on the agenda, Council
will be reviewing the terms and conditions of the employment contract for the city
manager.
2. Councilman Johnson reminded everyone to get their ballot back to the Aspen
Valley Hospital.
3. Councilman Johnson said he is been in office for 10 months and thinks Steve
Barwick, City Manager, does a good job of weighing options and possibilities and gives
those to Council to make the decision. Councilman Johnson said he feels he has been
well informed by staff in making decisions.
4. Councilman Torre noted if citizens want to share things with Council, there are
effective and meaningful ways in which to do that. Councilman Torre said citizen
participation is supposed to be limited to items not on the agenda. The city manager's
contract is later on the agenda and the comments could have been held until then.
5. Councilman Torre said he attended Eco-Fest last weekend held at Inn at Aspen
and it was a fantastic event. Councilman Torre said the organizers asked for city money
in Mining for Ideas and although they did not receive money, they went ahead and put
the event on. Councilman Torre said the determination of Shae Singer and Jackie Francis
is what made the event happen.
6. Mayor Ireland agreed the Eco-Fest was a good event and Jackie Francis and Shae
Singer should be congratulated.
7. Mayor Ireland reiterated the need to get the mail ballot back to the Aspen Valley
Hospital before 7 p.m. May 4`n. Mayor Ireland said in mail ballots elections, if one does
not receive a ballot, the voter has to do something about that, contact or go to the
hospital.
8. Mayor Ireland noted citizens have a right to say what they want at citizen
comments. Mayor Ireland said the Council allocated funds for an outdoor swimming
pool at the Aspen Recreation Center. The voters were asked about mil levy excess and
building a pool at the ARC. When the city could not get enough money to build the pool,
the Council decided to refund that excess mill levy. Mayor Ireland pointed out there was
a fixed price contract for Burlingame, which was met.
9. Mayor Ireland said Council will not be taking extended public comment on the
Mountain Plaza because the entire Council is not present and there will be a public
hearing July 12`n
10. Barry Crook, assistant city manager, announced an open house tomorrow, April
27`n, at 5:30 at the Rio Grande room to meet with the design team for phase II of
Burlingame.
Regular Meeting Asaen City Council Apri126, 2010
11. Mayor Ireland noted the state transportation advisory committee has $97 million
available state wide from the stimulus bill. Mayor Ireland said he will recommend that
money go to transportation in this region as it is important to this region and Pitkin,
Eagle, Summit and Glenwood have transit systems.
CONSENT CALENDAR
Councilman Torre moved to approve the consent calendar; seconded by Councilman
Johnson. The consent calendar is:
• Resolution #33, 2010 -Contract Parking Garage Equipment
• Minutes -April 12, 2010
Councilman Romero noted the parking garage project is coming in higher than budgeted.
It appears the staff has ways to insure not requesting new funds. Tim Ware, parking
department, concurred the staff is not asking for any new funds; the difference is coming
from the parking enterprise fund. Councilman Romero said good work on the offset.
All in favor, motion carried.
ORDINANCE #11, SERIES OF 2010 - 726 W. Francis Crossroads Church Essential
Public Facility
Jennifer Phelan, community development department, told Council Crossroad Church is
requesting approval for a second story and remodeling the first floor to expand the
sanctuary.
Councilman Johnson moved to read Ordinance #11, Series of 2010; seconded by
Councilman Tone. All in favor, motion carried.
ORDINANCE NO. 11, SERIES OF 2010
AN ORDINANCE OF THE ASPEN CITY COUNCIL
APPROVING WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN
ESSENTIAL PUBLIC FACILITY FOR THE PROPERTY LOCATED AT 726 WEST
FRANCIS, LOTS K, L, AND M, BLOCK 15, CITY AND TOWNSITE OF ASPEN, CO,
PITKIN COUNTY, COLORADO
Councilman Romero said he would like the P&Z minutes included for second reading.
Councilman Romero asked about the post completion employee audit and if the applicant
understands. Applicant stated they are clear. Councilman Romero said there should be a
baseline audit. Councilman Romero said at second reading, he would like a description
of the public outreach done by the applicant throughout this process. Councilman
Johnson asked about the large trees on the site. Ms. Phelan told Council the parks and
engineering department are working together with the applicant to make sure the trees are
Regular Meeting Aspen City Council Apri126, 2010
preserved. Mayor Ireland asked about a construction management plan, especially an
analysis of the traffic and not conflicting with the music festival and interfering with that
intersection. Mayor Ireland said Council should have an overview.
Councilman Tone moved to adopt Ordinance #11, Series of 2010, on first reading;
seconded by Councilman Romero. Roll call vote; Johnson, yes; Torre, yes; Romero, yes;
Mayor Ireland, yes. Motion carried.
ORDINANCE #10, SERIES OF 2010 -Supplemental Appropriations
Don Taylor, finance director, pointed out the vast majority of these appropriations are
carry forward projects approved in 2009. There is $501,000 in new projects.
Councilman Torre asked about the $40,000 in the Wheeler marketing budget. Gram
Slaton, Wheeler Opera House, told Council he re-adjusted the 2009 marketing budget to
meet projections for 2010, it is general marketing and to cover the singer songwriter
festival, a new project in conjunction with John Oates, which will be September 16 to 19.
Mayor Ireland opened the public hearing.
Toni Kronberg asked how much money is left over. Taylor said the city has 17 different
funds dedicated for specific purposes. The AMP and general fund are fully obligated
except for emergency funds. Ms. Kronberg asked about the transportation funds and
monies available for the entrance to Aspen ballot question and could alternatives be
funded. Taylor said the fund balance by year end will be $2.8 million, which is to be
used for bus replacement. Ms. Kronberg asked how much is left in the general fund.
Taylor answered $5.5 million, most of which is reserves.
Mayor Ireland closed the public hearing.
Councilman Romero moved to adopt Ordinance #10, Series of 2010, on second reading;
seconded by Councilman Johnson. Roll call vote; Tone, yes; Johnson, yes; Romero, yes;
Mayor Ireland, yes. Motion carved.
ORDINANCE #28, SERIES OF 2009 -Mountain Plaza (Bidwell) Building 434 E.
Cooper
Sara Adams, community development department, reminded Council this is a subdivision
review. The project has been reviewed by P&Z and by HPC and had public hearings at
Council January 11 and 25`h. The purpose of this is for Council to provide direction to
the applicant regarding 6 points before the applicants re-desi~n the project again. The
applicant requests the public hearing be continued to July 12` . Ms. Adams said the
issues the applicant heard from Council and the public were construction impacts,
downtown vitality and overall design of the building.
Ms. Adams said the applicant's first point is removal of the 2"d level basement space to
lessen construction impacts from excavation. The on-site parking will be removed except
Regular Meeting Aspen City Council Apri126 2010
for 2 or 3 off street spaces accessed off the alley. Ms. Adams told Council staff supports
the removal of the 2"d level basement; it will reduce construction impacts; it should
reduce alley congestion, and the parking requirements are still met by 3 on site parking
spaces.
Ms. Adams said 2"d point is to convert the free market residential unit on the second floor
to affordable housing and the 3`d point is to convert a proposed commercial space on the
2"d floor into affordable housing. This change addresses the concern that creating free
market residential in the downtown core decreases vitality and activity in the downtown
core. The current building contains retail and office uses; staff finds adding 2 affordable
housing units for a total of 4 affordable housing units is an improvement and would add
vitality and strengthen the mixed use project. There would be 4 affordable housing units,
2 free market residential units and 7 commercial spaces.
The 4"' point is to increase the 3`d floor setback along the alley, the north elevation, to
address the concerns about height and the third story. During the public hearing, concern
was expressed about the effect of the 3rd floor on the building to the north and the overall
height of the building. The proposed height is 36'7", which is below the maximum
height limit allowed in the land use code. Ms. Adams pointed out the surrounding
historic landmarks are between 34' and 46'. Ms. Adams noted reducing the north setback
will reduce the perceived scale of the building and will provide relief to the Aspen Block
building.
The 5`h point addresses the Galena street fagade and Council's concerns that this fa9ade
did not activate the street. The applicant would like more specific guidelines before
doing design changes. Ms. Adams suggested more entryways in the spaces along Galena
street and to address the grade level change to create a better pedestrian experience. The
project will still require HPC final review at which time architecture, style, windows,
details, materials are dealt with.
The majority of public concerns regarded construction impacts on downtown, its vitality,
residents, visitors, businesses, etc. Ms. Adams told Council the applicant is proposing to
address the concerns by creating a binding CMP that mandates mitigation measures
above the adopted code requirements. Ms. Adams said at the January meetings, Council
brought up a mitigation plan for businesses in the area, a CMP that informs the broader
community. Staff recommends a binding CMP that mandates specific mitigation
measures including a direct outreach to the public and the neighbors with exact
construction dates where possible.
Mayor Ireland opened the public hearing.
Toni Kronberg said there are 4 criteria for subdivision review; one of which is it has to be
consistent with the Aspen Area Community Plan; the new development has to be
consistent with the scale of the existing neighborhood. Ms. I{ronberg said scale is size
and mass and these 6 points do not address the issue of size and mass. Ms. Kronberg
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Regular Meeting Aspen City Council Apri126, 2010
recommended a public outreach meeting to allow community members to talk about the
size and mass.
John Kerwin, visitor, said Aspen is an exquisite community. Kerwin's suggestion for this
area is to create a mews. In Minneapolis, alleys aze built over using above and below
ground to the benefit of property owners on all sides. This could solve the internal
circulation problems and provide more square footage in the middle of the block. Kerwin
told Council he is willing to share his ideas with the property owners and to help serve
the interest of all users on the block.
Mitch Haas, representing the applicant, told Council the applicants have read all the
public comment and e-mails. Mayor Ireland suggested the applicant address these in a
written response for the next public hearing. Haas told Council the project will probably
change by the next public heazing. The applicants are trying to put forward a project that
meets the standards of the code and is something that can be supported by Council and
the community. The applicants do not want to go through expensive design changes
without Council feedback on the proposed changes. Haas said the applicants recognize
Council feedback would not mean binding support.
Haas said at the public hearing, there were comments about the sub-basement and how
much it impacts the construction, shoring, the time for excavation. Haas said eliminating
the sub-basement, the project can still meet parking requirements off the alley, can
eliminate a lot of digging and a complicated aspect of the construction. Haas said this
will cut about 3 months off the construction schedule. It will also eliminate the auto lift
traffic in the alley. Haas said another change was to convert a free market residence on
the 2nd floor to an lU0 deed restricted unit. Haas noted this unit is not mitigation for the
project, which is met with two other affordable housing units. Haas told Council this unit
could have a deck on the corner at alley and Galena. This would decrease the height of
the building at this intersection with an open deck. Haas said this could address the
comments about lack of vitality in the building.
Haas said the applicants propose to take a commercial space on the second floor and turn
that into a deed restricted lU0 unit, which would add vitality to the proj ect. Haas said
these two changes would affect the Galena street elevation. The project would have two
free mazket residences, less than the allowable free market floor azea, 4 affordable
housing units; 2 affordable housing units are required.
Haas told Council another change is to pull the building back 6' off the alley, further
reducing the free market floor area. Haas told Council the applicant got hold of every
CMP for downtown projects in the last several years. Haas said the applicants will pick
the best aspects of these plans to merge them into a CMP for Bidwell and make them
binding commitments. Haas told Council they will supplement the outreach and public
information portions of the plan. Haas told Council they suggest starting with a fall off
season rather than a spring off season to work into the winter rather than into the summer.
Re¢ular Meetin¢ Aspen City Council April 26, 2010
Mark Bidwell, representing the owners, told Council when he has received specific
construction concerns, like the glass company, he has met with those people and tried to
address these. Bidwell said he has been meeting with Terry Butler and trying to
understand her issues. Bidwell said he was in Aspen when the existing Mountain Plaza
was built; it was to be a remodel; however, the building needed to be tom down. Bidwell
told Council the existing building was designed for a single tenant, the Mountain Shop.
Bidwell said the ability to find a single use tenant for an entire building become difficult
and some of the spaces in the building have little exposure and are difficult to lease.
Councilman Romero thanked the team for reviewing the public comment and to see
where the project may match up with those comments. Councilman Romero said the
public comments center around mass and scale, character and feel, and construction
impacts. Councilman Romero said he feels the 6 proposed steps address mass and scale
by reducing overall mass and by removing program, like the sub-basement. Councilman
Romero noted the conversion of free market and commercial space to deed restricted
units is more supportive of the AACP and tries to improve vitality. Councilman Romero
said he feels second floor office space is not in high demand and he appreciates the
conversion.
Councilman Romero said he would like to see the applicants organize a site management
task force and a neighborhood task force that the applicants can use as a conduit towazd a
CMP. Councilman Romero said he would like to see an active and engaged facade along
Galena street with storefront access. Councilman Romero said the applicant will need to
do more than open houses, like organized out reach and work sessions.
Councilman Torre agreed with the tack on this in response to comments on the project
since the first iteration. Councilman Tone said he appreciates the removal of the sub-
basement; he had issues with the pazking and crowding of the alley. Councilman Torre
said he likes the move toward more affordable housing but questions the density of the
project and the impacts people will have on the neighborhood, like storage, cazs, parking,
entrance and exits. There is a vitality that can be added with housing units but he would
like to see how this is accommodated on the space. Councilman Torre said he would like
to see the plan on how cars for the residents are accommodated. Councilman Torre said
he likes the historic nature of the covered walkways of the building, which addresses
character of the neighborhood. Councilman Torre said he would like to see how the
ground level interacts with the public amenity space and the public right-of--way space
and to make sure it is usable.
Councilman Johnson said the public outreach needs to be vigorous, more than just an
open house. Councilman Johnson said the applicants need to look at people's concerns
and come up with creative ideas. The CMP in this commercial area is the most important
plan; Councilman Johnson favors a binding CMP. Councilman Johnson suggested longer
construction hours to get the project done more quickly. Councilman Johnson agreed the
Galena street fagade needs to be animated by entries or display cases. Councilman
Johnson said he would like to see the livability of the affordable housing units, including
storage. Councilman Johnson said he is concerned about the mix of free market and
Regular Meeting Aspen City Council April 26, 2010
affordable housing and one HOA. Councilman Johnson stated he appreciates the
removal of the sub-basement parking. This building is located downtown and parking is
not as crucial; however, he would like to make sure the tenants do have a place to park.
Mayor Ireland stated he does not favor the conversion of commercial space to affordable
housing. Mayor Ireland said he is not a fan of the R/O program generally because of the
enforcement problems and that it serves a small segment of the community. Mayor
Ireland noted he previously recommended a mandatory construction parking regulation
around the area. Mayor Ireland said he does not see anything in the plan to the degree
needed to preserve the downtown area. Mayor Ireland stated he does not want this
project to dump its problems onto the parking department and that workers move their
cars periodically. Mayor Ireland stated the downtown cannot be monopolized by
construction parking for 30 months. Mayor Ireland said he would like to see a more
innovative way of controlling the parking.
Mayor Ireland said he needs to know why the building cannot be recycled and use the
existing frame and expand the footprint. Mayor Ireland said there was an innovative
suggestion to use air space over the alley in cooperation with the building to the north.
Councilman Torre supports recycling of this building as a historic reference for the
community and would like to hear from the applicants on this point at the next meeting.
Councilman Romero asked the existing square footage. Haas said the net leasable is
11,800 square feet and the new building is proposed to be about the same. Councilman
Romero said he would like to know the usable squaze footage to be make sure any
conversion is not an erosion of commercial areas to achieve other goals. Councilman
Romero said Council has had issues with R/O and suggested the applicants look at the
higher category deed restricted units. Councilman Romero asked if the existing basement
is a full basement. Jerry Cavalieri said there aze portions of the basement that aze
unexcavated. Haas said there are two small areas that need to be excavated and it needs
to be a little deeper. Councilman Romero asked if there will be service/loading azea in
the back or does that compete with parking spaces. Bidwell said aservice/loading area is
required and is separate from the parking spaces. Bidwell told Council most of the brick
on the existing building was recycled from the previous building. Councilman Torre said
he would like to hear from the applicant the greater benefit of this building in exchange
of the inconvenience of the community
Councilman Torre moved to continue Ordinance #28, Series of 2009, to July 12;
seconded by Councilman Romero. All in favor, motion carried.
TERMS AND CONDITION OF EMPLOYMENT -City Manager
Mayor Ireland said at the direction of Council, the city attorney negotiated a contract for
the city manager, which example can be used for future city managers. City Attorney,
John Worcester, explained the contract appoints Steve Barwick as the city manager to do
the duties set forth in the city Charter and the city code. Worcester noted the city may
terminate Barwick's employment without being liable for a breach of contract for failure
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Regular Meeting Aspen City Council April 26, 2010
to maintain a permanent resident in the city of Aspen; being convicted of a felony of an
offense involving fraud or dishonesty; or for any offense related to governmental
operations under the Colorado criminal code or for committing an act of gross negligence
or malfeasance in office as determined by Council. Worcester pointed out the severance
provisions; if the city terminates Barwick for reasons other than those listed above, the
severance package is 6 months salary with an increase to 9 months to 2011 and an
increase to 12 months in 2012.
Mayor Ireland noted there is no increase in pay in this contract. Mayor Ireland said the
city manager can be terminated for any offense involving dishonesty or fraud. Worcester
said the city manager can also be terminated for any offense of the criminal code related
to governmental operations, which could be misdemeanors. Worcester pointed out this
contract makes no reference to an annual bonus; Council could add a bonus but there is
no requirement to do so.
Mayor Ireland said the vast majority of city managers in Colorado have contracts. Mayor
Ireland said there will be a successor city manager at some time and it will be important
in hiring that there was a contract for the city manager. Mayor Ireland said terms and
conditions of employment spell out rights for the city and outline expected conduct and
grounds for termination. Mayor Ireland noted the pay for the city manager per FTE is
less than other organizations based on FTEs. Mayor Ireland said the city manager is
responsible for operations like the Wheeler Opera House, transportation, utilities,
affordable housing, which is broader responsibilities than a city manager in a town of
6500.
Councilman Romero supports this contract including the essence of the agreement, the
severance clauses. Councilman Romero said in the private sector there is organizational
and professional benefit in having a severance policy. Councilman Romero noted it is
important for management to have professional candor and a level of autonomy.
Councilman Romero said he feels this is a balanced approach and reinforces the
professional relationship. Councilman Romero said the 6 months severance package is to
recognize Barwick's ten years as city manager and the increases are to cover room to
grow.
Councilman Johnson said he feels the terms and conditions will strengthen the city and
the community and allow the city manager some push back and allow him to give
direction. Councilman Johnson said he feels this contract is standard to the industry.
Councilman Torre said this is an issue of fairness and this is fair to the city and to the city
manager. Councilman Torre said he respects the job Steve Barwick has done for the city.
Councilman Torre requested that a performance evaluation be done sooner than one year,
like in the next month or two.
Councilman Romero moved to approve the terms and conditions of the contract for the
city manager; seconded by Councilman Torre. All in favor, motion carried.
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Regular MeetinH Aspen City Council April 26, 2010
Mayor Ireland moved to go into executive session at 7:35 pursuant to C.R.S. 24-6-
404(4)(a) (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; seconded by Councilman Torre. All in favor,
motion carried.
City Attorney, John Worcester, said the items are the Milias litigation and property
acquisition. Also present Stephen Ellsperman, Chuck Vidal, Tom Macy, Don Taylor,
Randy Ready, Fred Peirce, Howie Mallory, Jeff Woods, Brian Flynn, Jim True, John
Worcester, Steve Barwick and Kathryn Koch. Ellsperman, Vidal, Macy, Peirce, Mallory,
Woods and Flynn left at 8:40 p.m. At 8:50 p.m. Scott Miller, Chris Everson, Chris
Bendon, Tom McCabe, Barry Crook joined the meeting. At 9:10 p.m. Miller, Everson,
Bendon, McCabe and Crook left.
Mayor Ireland moved to come out of executive session at 9:15 p.m.; seconded by
Councilman Torre. All in favor, motion carried.
Councilman Johnson moved to adjourn at 9:15 p.m.; seconded by Mayor Ireland. All in
favor, motion carried.
Kath S. Koch, City Clerk
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