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HomeMy WebLinkAboutminutes.council.20181112Regular Meeting Aspen City Council November 12, 2018 1 CITIZEN COMMENTS ............................................................................................................................... 2 CITY COUNCIL COMMENTS ................................................................................................................... 2 BOARD REPORTS ...................................................................................................................................... 3 ORDINANCE #30, SERIES OF 2018 – Election Code Amendment .......................................................... 3 ORDINANCE #31, SERIES OF 2018 – Financing Agreement and Related Documents for AHP Rental Housing at 488 Castle Creek Road ............................................................................................................... 3 ORDINANCE #32, SERIES OF 2018 – Financing Agreement and Related Documents for AHP Rental Housing at 802 West Main Street ................................................................................................................. 4 ORDINANCE #33, SERIES OF 2018 – Financing Agreement and Related Documents for AHP Housing at 517 Park Circle .......................................................................................................................................... 4 ORDINANCE #38, SERIES OF 2018 – Lift One Lodge – Major Amendment to a Planned Development 4 ORDINANCE #39, SERIES OF 2016 – Gorsuch Haus ............................................................................... 7 CONSENT CALENDAR ........................................................................................................................... 10 Resolution #146, Series of 2018 – 2019 EOTC Budget ..................................................................... 10 Resolution #147, Series of 2018 – MOU – Supplemental 2019 RFTA Service for SHIFT ............... 10 Resolution #148, Series of 2018 – Water Campus Fiber Optic Campus Easement ............................ 10 Minutes – October 22, 2018 ................................................................................................................ 10 ORDINANCE #35, SERIES OF 2018 – Fall Supplemental Budget .......................................................... 10 ORDINANCE #40, SERIES OF 2018 – 2019 Fees ................................................................................... 11 ORDINANCE #36, SERIES OF 2018 – Fall Supplemental Budget ACI .................................................. 12 RESOLUTION #142, SERIES OF 20108 – 2019 City of Aspen Budget .................................................. 12 RESOLUTION #143, SERIES OF 2018 – 2019 ACI Budget .................................................................... 13 RESOLUTION #144, SERIES OF 2018 – APCHA and other AH Budgets .............................................. 13 ORDINANCE #34, SERIES OF 2018 – Changes to Title 24 of the Traffic and Motor Vehicle Code ...... 14 ORDINANCE #28, SERIES OF 2018 – Code amendment Title 25 – Utilities ......................................... 14 Regular Meeting Aspen City Council November 12, 2018 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Frisch and Myrin present. CITIZEN COMMENTS 1. Tess Strokes said she wants to up the priority of the sidewalk between Bleeker and the library. She would like to see it sooner than 2020. 2. Lisa Burns said her daughter attends the ELC and she works in the courthouse. She is asking council to prioritize the sidewalk as well. 3. Neal Bennett said he sent a letter on Thursday. HE has lived here for 46 years and owns a 1.250 square foot house on 6,000 square foot lot. He met with a permit coordinator on May 2nd about building a shed. He reviewed the plans with the POD and a construction mitigation officer. 5 months later and spending $13,000 dollars he was ready to apply for a building permit. In a final meeting with same staffers he was told he would have to pay $17,000 in employee mitigation housing fees. Given the enormity of fee in relation to the structure he thought the fee would have been addressed at time of application. He was told the fee could be delayed until the home was sold. That was also incorrect. He can’t believe the fee was intended for an uninhabited shed. If he knew this fee was going to be assed he would never have embarked on this project. He is asking for relief. Councilman Myrin asked if the fee is postponed and the structure torn down does the fee go away. Jessica Garrow, community development, said impact fees are based off of floor area. If the structure uses the deferral option and is torn down the deferral would go away. 4. Scott Mcdonald said he has lived here off and on since 1961. Family home at 1000 E Cooper, finally own it after probate from his mother. There were a number of anomalies and inconsistencies while it was under probate. In 2004? The home was damaged while under probate from construction of the ADU while under HPC purview. The city is saying it is now a non-conforming lot. Jim True, city attorney said he has talked to Scott previously. Happy to sit down with him again. 5. Jason Schroder also asked to prioritize sidewalks would be awesome. 6. Tom Moore said in the 50’s he was a member of the ski team and used lift 1 at least 3 times a week. It would be great to get this side of the mountain active again. 7. Lee Mulcahy asked again for a hearing. CITY COUNCIL COMMENTS Councilman Myrin mentioned at the last meeting from the Aspen Times the headline parking czar. It is not appropriate for the paper to call staff czars. He asked if the St. Regis RETT has been paid. Mr. True said it has not been resolved. We are planning to discuss further but there are many parties involved. Councilman Myrin requested council to consider not approving any PDs until that has been resolved or we’ve modified the code so it doesn’t happen again. Mr. True said it is a lot more complicated. If you want to discuss the RETT, I’m happy to. It is a complicated issue. We have to make sure we are following the laws as they are written now. We are discussing with the attorneys. We need to be careful we are complying with our code. The status of the RETT is addressed in the constitution under TABOR. Councilman Myrin said he doesn’t want to repeat what has happened. The building department is moving into the old county com dev space on the 3rd floor. He asked if there is support to move APCHA into where the building department was. Mayor Skadron said to follow staff direction on this is more appropriate. The bigger point about not paying rent is the big one. Councilwoman Mullins said in terms of the St. Regis, she has interest in hearing more about that. The sooner we can figure out what happened and how to avoid it the better. Thanks to those who put on the various ballot events and those who voted. Regular Meeting Aspen City Council November 12, 2018 3 Councilman Frisch said thanks to Janice and the election folks. While I’m not sure I want to tinker with the press headlines we may need to have an executive session on the RETT issues. The intent is spot on to make sure those who own or develop pay their fair share. Mayor Skadron said Aspen is fantastic and it is a privilege to live here. We are days away from the mountain opening. Veteran’s day was yesterday. Acknowledge our vets. Thanks to all our veterans. Thanks to parks, transportation and engineering for getting the bridge project done. Tuesday the 27th at 3pm stop by for hot chocolate. BOARD REPORTS Councilwoman Mullins said the Board of Health met and talked about grey water and waste water management. The focus on strengthening the role of the board and the community and focusing on the issues identified in the regional health assessment ORDINANCE #30, SERIES OF 2018 – Election Code Amendment Linda Manning, city clerk, said this is clean up to the language that is currently in the code related to nominating petitions. Currently they are available 91 days prior to the election and due the second Tuesday before the election. Since our last meeting we have officially changed the date of the general election to the first Tuesday after the first Monday in March. The way the nominating petition deadline works is it is after the date of the election. Staff is recommending we go to the date that are what the state election code is, nominating petitions are available for pick up 91 days prior to the election and due 71 days prior to the election. For the upcoming election they would be available December 4th and due December 26, due to the holidays. At the last meeting Bert asked if we could put a couple weeks at the front end but because it takes 30 days for an ordinance to become effective there would not be enough time between now and then for the ordinance to be effective if we did that. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Frisch moved to adopt Ordinance #30, Series of 2018; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Ms. Manning stated if any citizen is interested in circulating a citizen petition those signatures would have to be turned in to the Clerk’s office no later than December 12th to allow the Clerk’s office to have 30 days to verify the signatures. Depending on how long circulators plan on gathering signatures they would need to gather the required number of signatures and plan to turn them in to the Clerk’s no later than December 12th. Councilman Frisch asked what is the date that Council would have to add something to the ballot. Ms. Manning said the last day council could put something on the ballot is January 14th. You have a meeting January 14th. We need to get our items to the printer no later than January 15th. ORDINANCE #31, SERIES OF 2018 – Financing Agreement and Related Documents for AHP Rental Housing at 488 Castle Creek Road Chris Everson, asset said there will be 45 new rental units. The project will be secured by a second mortgage. Operating and capital reserves are required. Deed restricted at closing . Each month the developer will apply for a draw request prepared by a third party. Can perform monthly inspections. Lien releases each month from contractor and sub contractors. Councilman Myrin asked will these all be radon level safe. Jason Bradshaw, developer, replied yes. Regular Meeting Aspen City Council November 12, 2018 4 Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Frisch moved to adopt Ordinance #32, Series of 2018; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #32, SERIES OF 2018 – Financing Agreement and Related Documents for AHP Rental Housing at 802 West Main Street Councilwoman Mullins Moved to adopt Ordinance #32, Series of 2018; seconded by Councilman Frisch. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #33, SERIES OF 2018 – Financing Agreement and Related Documents for AHP Housing at 517 Park Circle Councilman Frisch moved to adopt Ordinance #33, Series of 2018; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Myrin, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #38, SERIES OF 2018 – Lift One Lodge – Major Amendment to a Planned Development Jessica Garrow, community development, gave an introduction to both the Lift One and Gorsuch Haus projects. We will review key aspects of the projects. Future meetings will detail other aspects. We are requesting to continue the public hearings to November 26th to discuss phasing, cost sharing and public vote details. In 2011 the Lift One Lodge was approved with a narrow corridor with some type of lift. Gorsuch came in, in 2013 and was eventually tabled. Council gave direction for the 2 projects to work together to see if they could work on bringing the lift down to Dean Street. The SE group study took place in 2017. The initial study had a number of scenarios including moving the lift further up the hill. One moved the lift over the Lift One Lodge eastern building. One moved the lift up the hill with a platter pull. Another scenario flipped the proposed Gorsuch and the lift. Another option moved the lift down and cut the corridor to the west. Finally, is tonight’s option. Through the generosity of the Dolensics, this option moved skiers down through the Dolensic gardens. It provides a lower lift location with clear skiing. Updated site plans for both lodges. Updates to Dean Street right of way including multi modal improvements with a bike lane and skier drop off adjacent to the proposed ski museum. Also access to subgrade garage. In Willoughby park is the relocated chalet building with ticketing and museum. The historic bull wheel is moved forward towards Dean St. Immediately south is the new lift. Access is provided via sidewalks and stairs. There are also internal connections through the garage. Further up South Aspen Street is the relocated skier chalet steakhouse reused as a restaurant. The main Lift One Lodge building with 104 keys and commercial space. The heights are at or below vested approval at 53 feet 3 inches. Across the corridor is the eastern building with 1 affordable housing unit and 6 free market units. The top of S Aspen is a cul de sac and Gorsuch drop off and 56 subgrade garage parking spaces. Gorsuch Haus has 81 keys 4 free market and 1 affordable housing units and 8,000 square feet of commercial space. They are requesting a change from the conservation zone to the lodge zone. The land use code uses floor area but we also wanted to highlight gross area. Lift One Lodge floor area is just over 107,000 square feet. Gross area is just over 202,000 square feet. For Gorsuch Haus, the floor area is 64,000 square feet and gross area is just over 120,000 square feet. Both comply with the zoning requirements. The maximum height for the west building of Lift One Lodge is just over 53 feet. The east building is lower at 47. With Gorsuch Haus the height is 40 feet, meeting the zone district. There is one access way on the west side measuring between 46-47. The land use code has some complex ways to Regular Meeting Aspen City Council November 12, 2018 5 calculate mitigation. Required is 53.3 for Lift One Lodge. They are requesting just over 45. For Gorsuch Haus, required is just over 26 FTEs and requested is 21. Key discussion points for both are to focus on height, scale, massing and affordable housing mitigation. For Gorsuch Haus you need to consider rezoning. For Lift One Lodge you need to look at improvements to Dean and Gilbert St. Public benefits as a corridor project include now direct skier access. There are vastly improved skier facilities in terms of lift and ticketing. Year round parks amenity that rivals Wagner in terms of its size. Proposed ski history museum. Infrastructure – Dean becomes a bike and pedestrian amenity. Connects lift to lift. There are important safety improvements, particularly on Gilbert. Councilman Frisch asked where do we fit in to this whole discussion. To put it on the ballot, we don’t need to hear anything. We can chime in with some suggestions. Do we have anything that we have the ability to stop from being part of the application. Ms. Garrow said we suggest you complete your regular land use review. These are both PDs that are referable actions. If there are items of concern that is what we would like to hear tonight. Michael Brown, owner, said we’ve spent a lot of time to get to this process, collaborative. When we processed the project in 2015 it came with a set of entitlements. We saw there was one chance to develop it and get it right. Lift first, build second. Stan Clauson, planner, said we’ve worked closely with Ski Co, parks and engineering. David Corbin, Ski Co, said technically we are an applicant with the Gorsuch application. We are a stakeholder and an essential participant in all of the developments as the lift and return became an essential component. Both of the lodges are crucial to restoring the bed base. We wanted to make sure there was a balanced ski terrain that worked. We did not want to lose any terrain and also had to maintain the summer road. We needed to provide skier services as well as be able to make snow. He described the functions that would happen in the setback. Mr. Brown described the benefits and showed an image of the skier chalet steakhouse from 1955. He said he hopes for it to become the vibrant hangout once again. It will be moved down the hill and restored back to it’s original use. The restoration of lodging base will be an opportunity to bring world cup skiing back to Aspen. Willoughby park and Dolensic gardens will be a year round attraction. Between the two hotels it will be around 185 hotel rooms. Mr. Clauson said the project is 202,564 square feet of gross floor area. The floor area of 107,651 is under the floor area limit. The average lodge unit area is 519 square feet and is under the prior approval of 537. Commercial floor area has decreased. There is a slight increase in free market but the average free market unit size has decreased slightly from the prior approval. Site plan – he showed an image of overall site plan. With the lift moved down the structures have gotten narrower. Accessibility will be enhanced from Dean Street. There will be enhance commercial and social vitality. The subgrade garage has been moved up S Aspen St. It will provide 50 public spaces as well as space for public lockers. Architecture – Scott Glass – looked at the stone and trees that you experience when you are on the mountain. Heavy stone articulated base, lighter layer and wood frame to help with transparency with glass and steel top. A few places where you can see all the way through the site. Ben Anderson, community development, stated this is a major amendment to a PD. The original approval was in 2011 and there was a series of vested right extensions up to 2021. PZ, APCHA, HPC and open space and trails board have reviewed this over the last several weeks with favorable recommendations to council. Regular Meeting Aspen City Council November 12, 2018 6 Original 2011 approvals allow interpolated topography. The heights are then measured from that interpolated grade. We still consider finished grade and whatever is more restrictive. In 2011 a condition was to only use interpolated grade. Max height for west building was 56.5 feet and in 2016 it was 53. The ultimate question is are the buildings even bigger. Yes. It has been said to accommodate the ski corridor the buildings needed to get narrower and longer. He showed elevation of 2016 approval from finished grade. 41 at front and up to 55 at top of elevator. The building has gotten taller as it got narrower. At the top of the elevator it is 68 feet from finish grade. Staff’s perspective is we agree that the 53.3 measurement is from interpolated grade and that is where the story poles are. Is the overall mass getting bigger. Both buildings are about 200,000 square feet. In the proposed, the subgrade parking garage is getting 200,000 square feet smaller that is moving to lodge, residential and commercial uses. There is an increase above grade of 200,000 square feet. The max allowable floor area is 112,000 square feet. In the way we measure that, the project complies with that. Growth management – employee housing mitigation Generation of employee housing requirements. Based off of 104 lodge keys, 18,000 square feet of residential net livable and 18,000 of free market space. Required mitigation for lodge of 29, 2 free market And 28 for commercial or 60 FTE. At council discretion they are allowed to reduce mitigation for lodge use for shared efficiencies it would require an audit in 2 years to determine mitigation. 4 to 3 vote at P&Z. This would mean a total mitigation of 46.11 FTEs. Essential public facility designation for ski museum. Received in 2011 approval. Final programming decisions are still being made. APCHA and P&Z recommended continuing designation. Staff recommends audits in 5 and 10 years. Mr. Clauson said with respect to height, it is within the previous approval overall. Paring and view plane discussion. Councilman Myrin said council can reduce the affordable housing generation. What do we use to decide that. Mr. Anderson said the code gives some direction. Efficiencies, shared development. Recommendation is to waive entirety of free market from the project. You can ask for some accounting or justification. Ms. Garrow said it is one of the more discretionary reviews you have. Councilman Frisch said on the slide to do with FTEs and audits. To me, certain types of use have been determined by the community to have breaks. Why do we have to audit. I thought what we were saying by having different uses was we were giving a break. What are we going to audit. Ms. Garrow said one of the oddities of this section that says at the discretion of the council and the section that requires an audit after 2 years. Councilwoman Mullins said one of the requests is taking 4 lots to 3 and changing the zoning from conservation to lodge. Ms. Garrow replied that is the other project. There is no zoning change here. Mr. Anderson stated the lot configuration previously did not give a continuous corridor. 4 to 3 lots gives a continuous corridor. It is nearly identical square footage. Jeff Woods, parks manger. The trade of square footage will require the public vote. Connecting the open space far outweighs any economic value. Mayor Skadron asked does the size and placement of development return to the community the same type of user friendly experience. Mr. Brown said if you look at the way the corridor opens up, it does provide for an unbelievable amount of sunlight. Mayor Skadron said there was a slide that mentioned lodge floor area increasing from 43,000 to 78,000. Mr. Brown said I think it was the way it was previously calculated. It more has to do with how it was measured pursuant to the 2005 land use code. The most relevant metric is the 104 lodge keys at 119 square feet each. Mayor Skadron said the traffic study determined one way flow is beneficial. Traffic on a street that today sees limited traffic will cause some Regular Meeting Aspen City Council November 12, 2018 7 impacts. Mr. Clauson said there is traffic on Dean Street now. It is a substandard street. This is an attempt to provide for any additional traffic that will take place as well as provide safety improvements. Ms. Aragon said additional traffic will be added to Dean Street. It is a public street. Dean makes the most sense for added traffic. The prior approvals had impacts on Aspen and Durant. This approval will spread them on Monarch and Durant as well. That is a good thing. Mayor Skadron said the goals of the Wheeler view plane deliver community value. Mr. Clauson sid the code language says in the background the proposed building does not obscure the view of the mountain. The lowest elevation that can be seen from the wheeler is 8,122. The mountain that you see begins at 8,122 due to existing development blocking the view. The highest development of Lift One is 8,044. Therefore it can’t be seen. Mayor Skadron asked about activating Dolensic gardens and overall green space. Mr. Dunnett said we worked with Josephine and the parcel has a lot of historic integrity. We are honing in on a spectacular design, It will be a commerative space. Mayor Skadron asked will it get used. Mr. Dunnett said the Dean Street exposure will be the gateway. That will make it special. ORDINANCE #39, SERIES OF 2016 – Gorsuch Haus Mike Kraemer, community development, said the last time council saw this was March 27, 2017. Talking about the rezoning, there are no set parameters for the SKI zone district. All negotiated. Request to vacate Hill, Summit and S Aspen Streets and relocated lift station. There are 58 onsite parking spaces and max height of 49 feet. Denial recommendation from P&Z. Council elected to table the request. SE consultant group walked in engaging multiple stake holder groups. He showed images of the 2016 proposal. Showed redesigned proposal at 2016/2017. Showed 2017 proposal. Showed images of previous architecture with flat roof design. Proposed changes. Rezoning of lot 1 from conservation to lodge zone. All 4 parcels are currently zoned conversation. Rezoning creates new development rights. 81 keys, 4 free market, 1 one bedroom affordable housing unit. 7,700 square feet of commercial space with restaurant and retail uses. 64,023 square feet total floor area. Shift of lodge building to the west to accommodate ski alignment. Chalet style architecture. Removal of porte cochere overhang. Skier services go to skier chalet. 56 on site sub grade garage parking spaces. With rezoning comes vacation of Summit Street and eastern portions of South Summit Street. They are also proposing pedestrian improvements to Hill Street. Special review for lodge density. The land use code incentivizes lodge development with unit sizes of increased density up to 500 square feet. There is a generous amount of non-unit space, onsite amenities and a range of unit size/configurations. Special review request is to increase unit size up to 550 square feet. Special review will generate 2.5 to 1 ratio. Height – There is a 28 foot limit in the Lodge zone. It can go up to 40 with a special review. The height is 40 feet and generally compliant. There are a few elevator over runs that go over 40. The code does allow that. GM – 162 pillow allotments are requested, 4 free market allotments, 1 affordable housing, 7,730 commercial net leasable allotments. FTE generation is different. Required is 12.83 FTE, FM is 4.64 and commercial 8.85 or 26.31 total. Special review for lodge density can reduce the mitigation rate by 4.64 FTEs or a total of 21.68 FTEs through alternative generation review. At the council discretion, through a determination of efficiency for the employee generation for the lodging component, this is the 4.64. Transportation – cul de sac improvements. Hill Street improvements. Dedication of a non motorized trail easement and a service van for lodge customers. Councilwoman Mullins said on the density bonus, does the current proposal take advantage of the increased height. Ms. Garrow said it is a specific request for the special review. If you approve it, it is part of the ordinance and the project wouldn’t change. Regular Meeting Aspen City Council November 12, 2018 8 Councilman Myrin said you mentioned a single family home on lot 2. Does council have the authority to keep a single family home from coming in on the second lot. Ms. Garrow said there are still some discussions we could have on this. Councilman Myrin asked is there a tool to eliminate a single family home from popping up. Mayor Skadron said to comment on the shorter program and overall shorter building. What has shifted from the previous application. Mr. Shaw said as we’ve gone through this process we thought it would be appropriate to explain the way it is. It is an operating hotel. It is not a timeshare or vacation club. It is a hotel. We don’t have as much space as the original proposal. Mr. Brown said the owners of the Cascade town homes have concerns about the views. We are continuing to work with our neighbors. Kelly Murphy, historical society, said they are proud and excited to be a part of this project. The community has told us they would support a ski history museum on the site. In 1937 the first ski run cut on the lift 1 side of Aspen mountain. The first ski tow was installed that year. In 1946 Aspen Skiing Corporation opened Lift 1, fastest and longest lift at the time. It was a single chair lift and took 45 minutes to get to the top. In 1950 Aspen hosted the FIS championships. The ski museum will be housed in the renovated skier chalet lodge and shared with the ski operations building. The subgrade space will allow for the safe display of artifacts. Space for education and events. Mike Kaplan, Ski Co, said we started thinking about this at the prompting of the FIS. We wouldn’t be here if it weren’t for the public private coloration. Mayor Skadron opened the public comment. 1. Alex Ferreira, said he hopes the city can make the Lift 1 project happen. Aspen is progressive yet classic at the same time. This will reinvent this part of the mountain. It will bring Ruthies back to life. Sitting on the cold slow lift before you are going to compete is not ideal. 2. Mike Maple said he is amazed that we got here. It is not done until it is done. He didn’t think the relocation of the lift was possible. He thinks Dean street is spectacular. Relocation of the lodge entrance is brilliant. Expect the city and taxpayers to make an investment to realize this dream. Not sure that tree mitigation is appropriate but if there is the funds, it should be part of the revenue source for these developments. On employee mitigation it is inappropriate to not recognize the historic mitigation from the hotels and restaurants that were once housed on these sites. One concern about the project is the view. There are too many trees surrounding the base. 3. Phyllis Bronson said she appreciates the work but is not that thrilled. It is counter intuitive to say we are going to save the history of Aspen by cementing the last wild street in Aspen. Seems overwhelming big to me. Don’t consider 400 sq ft small for lodge rooms. Taking a lift from Dean St is not enough for me to say cement the street. A ski museum is a good idea but how many times do people actually go. I just want to go skiing. I don’t think it adds anything. I’m not sure it is the best location. I don’t know that this side of Aspen can ever be truly vital. Problem with the name Gorsuch Haus. Why does the name have to be on the lodge. 4. Patrice Becker said the height and square footage are too massive for the surrounding neighborhood. The corridor between the buildings will be dangerous for skiers. It will only generate housing for 30% of their employees pushing the rest down valley. Developers need to pay for all aspects of the development and not ask for subsidies from the town. 5. Bruce Blank, lift 1 condos, we support the project. We want the vitality back on that side of the mountain. 6. Patrick said he has skied on world cup. This looks amazing. On behalf of world cup guys and girls, we want to come back and race on this mountain. Regular Meeting Aspen City Council November 12, 2018 9 7. Dennis young, said it is commendable the cooperation between the stake holders. Amazing project and partnership. I know you will work out the details. Look forward to seeing this happen. 8. Rob Snelling said it is a wonderful development for the town. One of the best examples of collaboration. Wonderful opportunity for Aspen. 9. Lex Tarumianz said it is a great opportunity for Aspen, community and 2nd homeowners and visitors. Bringing the lift down will be phenomenal for skiing in Aspen. For these developments to work they have to be a certain size. There is no guarantee they will be huge money makers. There is risk involved with this. Mayor Skadron closed the public comment. Councilwoman Mullins said it has been an extraordinary process. She is impressed we have got to this point. It is big. The community benefits tend to outweigh the objections to the size and density. Supportive of the project. She wants to continue to look at cost sharing, affordable housing and make sure the trade offs are appropriate and how it will be mitigated. She wants an assurance that the lift will be completed even if one or both of the projects stalls. If we can protect the conservation zone it would be good. Make sure we covered our bases on the vacation of the right of ways. Councilman Frisch said Gorsuch listened. It is a much improved site plan. While it will be a big building I don’t see 28 feet happening up there. I think it is worth the trade off. I don’t want to see any future development up there other than this. My biggest concern is we will lose the lift for 2 years. What happens if things go upside down during construction and there is no place to put the lift. Some type of discussion needs to happen that once we start digging the lift gets done. Regarding Lift One Lodge, I’m a bit concerned that the building has got a lot bigger at the end of the day. Concern with the height and affordable housing trade offs. The goal remains to put this on the ballot in the spring and let the voters decide. Councilman Myrin said we received number of emails. Only one of those comments asked why not require 100% housing mitigation. He strongly support moving the garage entrance. Suggested a taxing district previously. Use renewable energy for heating the streets for snow melt. A taxing district could fund the operation and capital reserves for the ski museum. It could also fund the operations of the public garage. He wants to avoid a single family home in the conservation zone. He does not support a mitigation reduction. Retain the museum space below grade and make some of the above grade space affordable housing. He does not support the special review for density bonus. Mayor Skadron said the applicants would like council support and a thorough review. Principle of public private partnership. Common goals, consensus based decision making and shared results. Much of that has happened. Element of shared accountability, think there is imbalance there specifically around affordable housing tradeoff. He wants more discussion around that and the special review. He wants a conversation around the area originally zoned conservation and the original intent. Councilman Frisch moved to continue Ordinance #38, series of 2018 to November 26, 2018; seconded by Councilwoman Mullins. All in favor, motion carried. Councilwoman Mullins moved to continue Ordinance #39, Series of 2016 to November 26, 2018; seconded by Councilman Frisch. All in favor, Motion carried. Councilman Frisch Moved to continue the regular meeting until November 13, 2018 at 4:00 p.m.; seconded by Councilwoman Mullins. All in favor, motion carried. Regular Meeting Aspen City Council November 12, 2018 10 At 4:05 p.m. Mayor Skadron called the continued regular meeting to order with Councilmembers Myrin, Frisch, Hauenstein and Mullins present. This is a continuation of the Monday night meeting. Jim True, city attorney, noted that Councilman Hauenstein did show up last night at approximately 10:00 p.m. due to the birth of his first grandchild. CONSENT CALENDAR Councilman Myrin said he is good with everything. He commented on the new regional transportation director for RFTA. As government continues to adds employees housing becomes an issue. We need to be aware as each entity grows eventually more housing is needed. • Resolution #146, Series of 2018 – 2019 EOTC Budget • Resolution #147, Series of 2018 – MOU – Supplemental 2019 RFTA Service for SHIFT • Resolution #148, Series of 2018 – Water Campus Fiber Optic Campus Easement • Minutes – October 22, 2018 Councilman Frisch moved to adopt the consent calendar; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #35, SERIES OF 2018 – Fall Supplemental Budget Pete Strecker, finance summed up ordinance #35. It is roughly 11 million dollars. The majority of it is for items the council has already seen and staff has presented over the last number of months and received blessings to move forward with. This is just the formal adoption of those. The largest component of the 10 million is the money for the housing projects we talked about last night. There is roughly 1 million in new requests. For capital there is a 327,000 dollar request for storm water for upsizing a pipe that wasn’t planned for. There is 87,000 for Hallam and 7th bridge work, 100,000 for boiler work for the Red Brick and 30,000 for parks and open space Lift One planning and design. Councilwoman Mullins asked about the stormwater fund and a work session to talk about the fund and projects. Councilman Hauenstein asked about the Garmisch project and where it is located. Mr. Barwick replied it is behind the Red Brick and the work is currently going on now. Mr. Strecker said on the operating side there is 103,000 in the general fund for various purposes including the increase in the IGA for detox services. There are also increases for the recreation department. The request for temp labor for Comdev will be pulled at second reading. There is also money for the Wheeler Opera House due to the restaurant change over. There is 11,000 for custodial services for the Rubey Park restrooms and golf course temp labor. Councilman Hauenstein said there have been increased sales at the golf course which should fund buying more inventory yet there is a request for buying more inventory. Is it that all the proceeds for the sales don’t fund retail. Mr. Strecker said the council has the power of the purse and has to give the authority to spend. Revenues that are collected from the sales do go back into the fund balance. Jeff Woods, golf, said everything we sell we get a 30% increase. We are profitable this year and many years. We are making money on the stuff we do sell. Councilman Hauenstein said great job on the boiler to do it in house in a shorter period of time. Kudos. Regular Meeting Aspen City Council November 12, 2018 11 Councilman Hauenstein moved to read Ordinance #35, Series of 2016; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO 35 (SERIES OF 2018) AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF $1,199,750 GENERAL FUND OF $303,220 PARKS AND OPEN SPACE FUND OF $330,000 WHEELER OPERA HOUSE FUND OF $76,610 TRANSPORTATION FUND OF $219,100 HOUSING DEVELOPMENT FUND OF $8,650,000 STORMWATER FUND OF $327,000 WATER UTILITY FUND OF $48,920 AND GOLF COURSE FUND OF $62,180 Councilwoman Mullins moved to adopt Ordinance #35, series of 2018 on first reading; seconded by Councilman Hauenstein. Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Mullins, yes; Hauenstein, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #40, SERIES OF 2018 – 2019 Fees Mr. Strecker said we did include the Red Brick Arts fees now with the City taking over the programming there. The Wheeler has some small adjustments on rentals. Parking had some changes as well. We did hear council about having a more targeted approach on some of the fees in terms as to what can be indexed and we are going to take that on in the new year. Myrin said page 1477 waving land use fees for affordable housing has been proposed. Where are we on that. Councilman Frisch said it is the cost to have it reviewed. Ms. Garrow said the proposal is 100% affordable housing projects going forward the permit review fees as well as the land use review fees would be waived. Councilman Myrin said he supports this but wants to be sure the overall fees coming in make up for this. Ms. Garrow said this is not shifting the burden to another set of development fees. This is proposed as just a waiver. Councilman Myrin asked how do we waive fees without having something to balance it out. Ms. Garrow said the direction from council was this was a policy decision and a way to support some of the 100% affordable housing projects. Mr. Barwick said the fees must support expenses. The last time we looked at community development fees we are pretty sure we can afford to do this. Councilman Myrin said he supports the affordable housing piece but it is missing the where does the money come from piece. It should come from the fee market stuff that is generating the reason we are building the affordable housing. Councilwoman Mullins said on the Red Brick, are the fees the same now that the city has taken over. Ben Shedeva, parks, said the fees have remained the same. Some of the youth programming fees have decreased. Councilman Myrin said page 1490 parking garage has a hotel permit. What is the revenue from those permits, the 5 day unlimited access permit. Is it primarily a Hotel Jerome benefit. Mr. Strecker replied it is not limited to the Jerome and some smaller lodges without parking could be taking advantage of it. Councilman Myrin said it might help council understand if we need more or less parking for hotels going forward. Barry Crook, assistant city manager, stated no one has used that permit in the last year. Councilman Myrin asked how does the Jerome park consistently in Regular Meeting Aspen City Council November 12, 2018 12 the garage. Blake Fitch, parking, replied they use the 10 day discount passes. Councilman Myrin said it would be helpful to know what the Jerome’s use of garage space is. When we try to figure out how many spaces a hotel needs the Jerome is a good example. Ms. Garrow replied we have done some site specific analysis for lodging and it is integrated into the current parking code. You will in all likelihood see some additional amendments early 2019. Councilman Frisch moved to read Ordinance #40, Series of 2018; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE NO 40 (SERIES OF 2018) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ADJUST CERTAIN MUNICIPAL FEES INCLUDED UNDER SECTION 2 AND 26 OF THE MUNICIPAL CODE. Councilman Hauenstein moved to adopt Ordinance #40, Series of 2018 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Myrin, yes; Hauenstein, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. ORDINANCE #36, SERIES OF 2018 – Fall Supplemental Budget ACI Councilman Frisch moved to read Ordinance #36, Series of 2018; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO 36 (SERIES OF 2018) AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASPEN COUNTRY INN AFFORDABLE ONE HOUSING FUND OF $7,832,640. Councilwoman Mullins moved to adopt Ordinance #36, Series of 2018 on first reading; seconded by Councilman Frisch. Roll call vote. Councilmembers Hauenstein, yes; Mullins, yes; Myrin yes; Frisch, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #142, SERIES OF 20108 – 2019 City of Aspen Budget Mr. Strecker stated it is budget120 million dollars of net appropriation authority. It includes things like the mobility lab project, bringing in the Red Brick Arts programming, the pedestrian mall project and getting a start on new city administrative offices. There are also significant capital projects like new affordable housing projects, the addition of four electric busses and automated utility metering. Adjustments from previous discussions include 600,000 in stormwater and 31,000 in vehicle replacement. There were also increases for sister cities grants and Huts for Vets grants and an increase to the REMP funding. Mayor Skadron opened the public comment. 1. Ted Guy said he has proposed and gotten approval for a 100 percent affordable housing project on Main Street. He is getting ready to submit for permit. He said time is far more valuable than money. If he has to go through 10 month building application, if he can do an expedited permit and do it well, he can start in June and be done by winter. He’s asking council to preserve expedited permit review as an option. He doesn’t want to waste staff’s time. Regular Meeting Aspen City Council November 12, 2018 13 Ms. Garrow said folks are trying to meet deadlines but staff is at a point where we are not able to provide expedited permit review for these projects. We are working through some of these projects. All that are expedited still have yet to be issued a building permit. We don’t feel like we have the ability right now and are working diligently on the process. We don’t feel like we can accommodate certain projects to jump the line. Mayor Skadron closed the public comment. Councilman Myrin said a few people have been in asking about a sidewalk on the South side of Bleeker for the 200 block. I talked to Trish and Steve earlier about this and trying to put something in the budget so it doesn’t have to come from something else. Steve suggested crusher fine. Mr. Barwick said he has not gone out and done any site visit on this to look for alternatives. He wants to take a look at this. At a minimum we will do a crusher fine as a first solution if we don’t have a permanent solution. Councilman Hauenstein said he would like to see this as a priority to get done. Mayor Skadron said he wants to be careful with this. The city has something like 200 projects that are not dissimilar to this one. Projects like this compete against each other. It is up to council to decide how staff prioritizes them. What I want to avoid is disassembling process simply because it has been requested by the public. Moving resources to this project means they come from somewhere else. We need to be fair to the entire community. Councilman Myrin said heh does not support the Art Museum grant. There are more needy entities out there than the museum. He said he also does not support funding the other taxing districts that have the power to ask their voters for funding. Councilman Frisch moved to adopt Resolution #142, Series of 2018; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Hauenstein, yes; Myrin, yes; Mayor Skadron, yes. RESOLUTION #143, SERIES OF 2018 – 2019 ACI Budget Mr. Strecker said the city is a partial partner in the LLCs that own the properties. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Resolution #143, Series of 2018; seconded by Councilman Hauenstein. Roll call vote. Councilmembers Hauenstein, yes; Myrin, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #144, SERIES OF 2018 – APCHA and other AH Budgets Mr. Strecker said the city has a stake in APCH with the subsidy it pays to support that program. APCHA also owns Smuggler and Truscott II. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Frisch moved to adopt Resolution #144, Series of 2018; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Mullins; yes; Frisch, yes; Myrin, yes; Hauenstein, yes; Mayor Skadron, yes. Motion carried. Regular Meeting Aspen City Council November 12, 2018 14 ORDINANCE #34, SERIES OF 2018 – Changes to Title 24 of the Traffic and Motor Vehicle Code Mr. Fitch stated we previously reviewed the plan for electric vehicles, neighborhood electric vehicles and hybrids. Starting January 1, 2019, after registering your vehicle with the parking department, electric vehicles can park for no charge in the residential zones, neighborhood electric vehicles can park at no charge in the residential zones and the downtown core but they must obey the 4 hour maximum in the down town core. Hybrid vehicles can park at 50 percent off the current residential prices. All these policies are set to expire on December 31, 2020. Councilman Frisch said the NEVs have to observe the 4 hour limit. He asked in the residential zones if there is a time limit for the EVs or NEVs. Mr. Fitch replied it would be 72 hours, the same as everyone else. Councilwoman Mullins asked if you are able to manage all these different situations. Mr. Fitch replied, yes, we will be ready by January. Councilman Hauenstein moved to read Ordinance #34, Series of 2018; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO 34 (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 TITLE 24 TRAFFIC AND MOTOR VEHICLES. Councilwoman Mullins moved to adopt Ordinance #34, Series of 2018 on first reading; seconded by Councilman Frisch. Roll call vote. Councilmembers Myrin, yes; Mullins, yes; Hauenstein, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #28, SERIES OF 2018 – Code amendment Title 25 – Utilities Lee Ledesma stated this proposes changes to water and electric rates based on a five year cost of service transition. It also proposes to increase the utility investment charges for the water. Then have not been increased since January of 2013. Going forward they will be increased on an annual basis. The last change is a reminder that the pilot program is scheduled to end for the water efficient landscape program on Dec 31. The proposal is to have full implementation in January. Councilman Myrin asked for the landscape ordinance are there differences between the pilot and the full blown ordinance. Ms. Ledesma said all the requirements need to be met during the pilot except the water budget if not met does not impact your CO. Councilman Myrin asked if the new grass is in place anywhere. Ben Carlson, parks replied the prairie turf grass is in the new Burlingame park. The turf in Connor park will be replaced with similar grass. Councilwoman Mullins asked if we are going to change the maximum to 7 gallons. Ms. Ledesma replied we are going to keep it at 7.5 and get some more history. Councilwoman Mullins asked if you anticipate making any more changes before January. Ms. Ledesma replied it is set. Regular Meeting Aspen City Council November 12, 2018 15 Councilman Frisch said some neighborhoods are easier to obtain than others. He said it would be good to take some time and watch this in areas like R15 where there are larger lots and more lawn to sustain. One goal would be to eventually remove bluegrass as an option. There are grasses out there that will use a lot less water and give us more variety and creativity. Mr. Carlson mentioned the top of elk camp gondola. That grass there is one of these types of grasses, which we would put in Conner park. Councilwoman Mullins said as soon as we can start looking at using grey water that would be good. Ms. Ledesma said we’ve been keeping our eye out and looking to see if we’re getting any gray water submittals in these county applications and haven’t seen any yet. It is an option for when we look at raw water. Councilwoman Mullins moved to read Ordinance #28, Series of 2018; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE NO 28 (SERIES OF 2018) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING AND ADDING TO TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN UTILITIES SPECIFICALLY CHAPTERS 25.04 ELECTRICITY; 25.12 UTILITY CONNECTIONS, 25.16 WATER RATES AND CHARGES, AND 25.30 WATER EFFICIENT LANDSCAPING STANDARDS. Councilwoman Mullins moved to adopt Ordinance #28, Series of 2018 on first reading; seconded by Councilman Hauenstein. Roll call vote. Councilmembers Frisch, yes; Hauenstein, yes; Mullins, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. At 5:06 p.m. Councilman Frisch moved to adjourn; seconded by Councilman Hauenstein. All in favor, motion carried. Linda Manning City Clerk