HomeMy WebLinkAboutminutes.council.20190325Regular Meeting Aspen City Council March 25, 2019
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SPECIAL PUBLIC APPEARANCES .......................................................................................................... 2
CITIZEN COMMENTS ............................................................................................................................... 2
CITY COUNCIL COMMENTS ................................................................................................................... 3
BOARD REPORTS ...................................................................................................................................... 4
CONSENT CALENDAR ............................................................................................................................. 4
Resolution #34, Series of 2019 – IGA for Mental Health Service Contract ......................................... 5
Resolution #36, Series of 2019 – Spring and Main Intersection Improvements Project ...................... 5
Resolution #41, Series of 2019 – release and Settlement Agreement in the case of 119 Neale Avenue
LLC v. City of Aspen, Pitkin County Case 2017CV30131 .......................................................................... 5
Board Appointments ............................................................................................................................. 5
Minutes – February 25 and March 11, 2019 ......................................................................................... 5
ORDINANCE #4, SERIES OF 2019 – 465 and 557 N. Mill Street Rezoning ............................................. 5
RESOLUTION #36A, SERIES OF 2019- 660 S. Galena Street – 8040 Green line Review – Dimensional
Variances....................................................................................................................................................... 5
Regular Meeting Aspen City Council March 25, 2019
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin,
Hauenstein, and Mullins present.
SPECIAL PUBLIC APPEARANCES
Mayor Skadron said I’m holding the torch that came down Main Street for the 2002 olympics. It was
donated by the Durbins family. Linda Gerdenich said one of Rachael Richards last job as the mayor
when I was communications director for the city was to put Aspen in the torch relay. At that point we
were not in the relay. Some of the people that got to run included Dennis Murray, John Mcbride, Brice
Maple, Barb and Steve Wicks, Migs and Dick Durbins. The theme was light the fire within. Migs and
Dick each got a torch. One got donated to the city. Thanks to Jim and Tara we found the torch. It is now
going to the historical society.
CITIZEN COMMENTS
1. Lee Mulcahy said mom and I just got back from Kenya where we did 2 water wells. We also set
up 2 computer labs. Thank you Ward for your time involved in the laptops. The way forward is
compromise and to have a public hearing. The judge won’t give us a public hearing, this council
should. Mayor Skadron said the belief of this council is consistent with that of the courts.
2. Emzey Veazy III spoke about a variety of topics including price fixing.
3. Toni Kronberg said the lights at the Spring and Main intersection are well needed. All
intersections at Main should have those crossings. On the survey on the website on the recycle
center, she wants to have the downside of driving to the recycle center added. Alternative
location for the recycle center may be the intercept lot.
4. Bob Morris congratulated all the candidates on the election. He said he was here a year and a half
ago asking for a crossing light at Spring and Main. He was told it was in the budget but it is still
not there. Mayor Skadron said it is on the consent for tonight. Mr. Morris said the dip in front of
Wells Fargo is too severe and could be corrected in the future.
5. Bill Stirling and Harry Teague talking about city hall. We heard last week construction will be
stopped from June through early fall. We want to offer creative diversity to the process. Harry
said we are coming from a positive point of view. The last thing we want to do is create any
polarizing position in the town. We are not criticizing the current architecture. The opportunity
this building presents is more than creating new space but a face for the town that represents the
values for the town. We don’t want to go backwards. We do feel there is an opportunity to look
at the possibilities to improve the current design. We are asking for 15 to 20 minutes to present
some of the possibilities to be considered. If you chose from that meeting to take any of the
suggestions further we could take them from that point on. Mayor Skadron said what is being
constructed is not city hall but city offices. City hall stays here. The work that Charles’s team
did was at council’s direction to construct a humble building. I was struggling with the notion of
one architects criticism of another’s work. Thank you for being sensitive. Councilwoman
Mullins said I’ve spoken with you and Peter. I’m happy to enter into any public discussion and
see your idea’s. Ordinance 4 gives us quite a bit of latitude on some things. This is the way it
works with design. Harry said we realize there are cost and schedule implications and it may not
be worth opening any of this up but it may. We hope Charles will be completely involved in this
process. Councilman Hauenstein said I appreciate your comments. My understanding is
ordinance 4 is what we are going on. It established the shell and core and location. Items open
for discussion are enhanced connection and programming. As far as a public process, it has come
to my attention that people are intimidated by city hall. I would like to see what you envision for
public engagement. I would welcome whatever receives the highest amount of public
engagement. I’m open to the discussions on internal programming. Councilman Myrin said I
think if someone looks like a pain in the neck we should not send them away but invite them in. I
wanted housing here not offices. If there is a way to make improvements I would invite anyone
Regular Meeting Aspen City Council March 25, 2019
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to talk to us. Mayor Skadron said I have a little different opinion than my fellow council
members. I’m concerned about precedent. The principal of representative democracy. Maybe
we don’t believe in the representative process. It is a broader question about if we can govern
ourselves or does every decision need voted on and rehashed again and again. It is an extremely
bad precedent or if there is an end point to what is being asked. The suggestion is a good one but
there are broader discussion. Harry said we are not saying something is wrong but we are adding
to the conversation. This doesn’t have to change anything that has been done so far. We are not
questioning what has happened up to now. We are saying what if. Mayor Skadron said a citizen
group caused a lawsuit that caused 5 million dollars in construction delays. Now there is another
group. What if there is another group in a year. Harry said even when the building is built it will
be reexamined and questioned. Mayor Skadron said we have council approval and voter
approval. We now want a better plan. It reminds me what happened in 1995 with rail. At some
point the process will kill the project. I’m a bit hesitant. Councilman Hauenstein said I want
nothing that will reopen the land use decisions that have been made. The design process was in
2016 and 2017. Councilwoman Mullins said I wouldn’t support anything resulting in an
amendment to the ordinance. Most of the concerns can be addressed through the things that have
not been pinned down in the ordinance. I would welcome more discussion. Mayor Skadron said
I would hope the comments and criticisms would not interfere in the process.
6. Neil Seigal said there is no need to dwell on the public process that has gone on for four years.
The design of any building in this town will be subject to debate. There is no assurance that any
change will be considered as positive or negative. It is simply subjective. I would suggest not
falling into the trap of looking at design. You can’t put the toothpaste back in to the tube. Where
do you stop. It is a dangerous precedent. It is simply allowing second guessing and that becomes
expensive. As a voter and a taxpayer I’m concerned. This project was subject to a frivolous
lawsuit and it simply shouldn’t happen again. The outcome didn’t change anything.
7. Toni Kronberg said the county has paused the airport project and is reaching out for a better
project. We need to make it the best it can be.
Councilwoman Mullins said I would offer the time. We want it to be the best project. Nothing
that would change the ordinance or budget or timing. Councilman Hauenstein said we have a
timeline. There is time for outreach and discussion that don’t change the ordinance, connection,
landscaping and programming. I’m not sure 20 minutes on the work session or agenda is the
proper venue. I put the ball in their court. Mayor Skadron said I’m going to object to this.
Everything you said we said 3 years ago and we were sued for it. This is a done deal and is
moving forward. It is a great building and will be a community asset. I will not agree to it.
Councilman Myrin said I’m on board to listening to it. The 5 million is on council’s shoulders.
We had the opportunity to listen to 500 voters and didn’t. I think it is poor governance to not
look at something to make it better. Mayor Skadron said we will get you on an agenda April 9th.
8. Judy Fox Parry, representing the Thompson Divide Coalition, said the Thompson Divide is
200,000 acres with Pitkin County containing 80,000. We are coming to you to ask for support to
urge Colorado senators to support the bill. It is important to have grass roots support. Gunnison
and Pitkin County have supported us. Past letters from 2009 and 2010.
CITY COUNCIL COMMENTS
Councilman Myrin said for Lee’s case, it is inexcusable that council is hiding behind a deadline that has
been missed and has refused to hear the substance of the issue which is working as an artist. I would hope
at some point the substance of the issue would be heard.
Councilman Hauenstein said he is grateful to sit through the election and not be involved in it. I’ve
thought a lot about it. Lift One shows a split within the community. People voted what they felt was best
for the city. I suggest to all that shared values are a love for Aspen and a concern for its future. Someone
will always be on the losing side in democracy. What is important to the community is that you must
accept the outcome. What is destructive to a community is when citizens villainize each other for
Regular Meeting Aspen City Council March 25, 2019
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believing differently. Thomas Jefferson said I never considered a difference of opinion a cause from
withdrawing from a friend. I implore all to gracefully accept the outcome of the democratic process. For
those that called for a community building then turned around and drive a wedge by asserting that all
decisions made by this body were wrong and without merit, I admonish you. It offends me. It’s
duplicitous. Nobody is perfect. Honest self reflection and integrity will cause one to question their own
actions. Sometimes there are choices between several good options. To insist that a person never made
an error at this table is I suggest, disingenuous. I invite all to be engaged in the process and share in the
outcome.
Councilwoman Mullins said to vote and tell everyone else to vote. 4 people from the western slope have
been appointed to boards and commissions. Eden Vardy was named to parks and rec boards. Auden
Shindler to air quality control, Gail Schwarts to water conservation and April Long to the water quality
control commission.
Mayor Skadron said the city is seeking public input on the future of the Rio Grand recycle center. It is
free to the public but funded by the county. In August the county funding will end. To participate in the
survey go to aspencommunityvoice.com.
I was with the governor a week or 2 ago and reminded him Colorado was much more than the front range.
I want to thank our very own April Long. She was appointed to the water quality control board.
BOARD REPORTS
Councilman Hauenstein said CCLC had presentation by CJ Oliver on the recycle center. He talked about
the importance of composting and I want to pursue that.
Mayor Skadron said RFTA reviewed IGAs. 7 towns and 2 counties on one bus system.
CONSENT CALENDAR
Reso #34 – IGA on mental health
Councilwoman Mullins said she supports this. It is good for public to understand. Richard Pryor, police
chief, asked the team to stand, Nan, Lindsy, Karen, Lori. The IGA references the collaboration between a
number of entities in the community for a different approach for providing mental health services in the
community. Last year we implemented the initial IGA. We are very happy with the way things have
been going. Karen, Pitkin county health director, said it has been an amazing collaboration. We have
been tracking the metrics around the collaboration and have seen a rapid change in the continuum of care.
Due to success we though let’s do it again. It has been really successful. We are looking at metrics such
as response to crisis time, communication between providers and partners. We added Charlotte as a
therapist in the school district. This year we are looking at is the care effective and can individuals access
better care and are more people being served. Lori said from the hospital perspective we reduced the time
of response for Mind Spring to respond by 50%. We reduced the time spent at the hospital by 36%. We
helped to decriminalize behavioral health in the community and had 0 patients transferred to the jail from
the hospital. Councilman Hauenstein said thank you for this. The community is more than things, it’s
people.
On Board appointments, Mayor Skadron thanked Claudia, Scott, Gretchen, Bob, Kara, Amy, Christine
and Hillary.
Regular Meeting Aspen City Council March 25, 2019
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• Resolution #34, Series of 2019 – IGA for Mental Health Service Contract
• Resolution #36, Series of 2019 – Spring and Main Intersection Improvements Project
• Resolution #41, Series of 2019 – release and Settlement Agreement in the case of 119
Neale Avenue LLC v. City of Aspen, Pitkin County Case 2017CV30131
• Board Appointments
• Minutes – February 25 and March 11, 2019
Councilwoman Mullins moved to adopt the consent calendar; seconded by Councilman Hauenstein. All
in favor, motion carried.
ORDINANCE #4, SERIES OF 2019 – 465 and 557 N. Mill Street Rezoning
Mike Kraemer, community development, said this is a request to rezone from SCI to the MU zone. There
is no development plan. No change in use is proposed. The applicant is only looking at the rezone. It is
a two step review. The first step is P&Z. The second step is council. This requires two readings with
council. P&Z heard this on February 19th. There is a recommendation for denial from P&Z. Staff
recommends denial. We would like 2nd reading on April 22nd. The draft ordinance is for approval on first
reading.
Councilman Myrin said I live relatively close but did not receive a notice. I want to confirm for 2nd
reading. Jim True, city attorney, said we did confirm you are outside of the limitation.
Chris Bendon, representing the applicant, said we do not have a presentation.
Councilman Myrin said he would like to hear for second reading, in my understanding there should be a
disconnect between the rezone and an application that follows. He would like to know why they are
connected. There is no application but discussion about wanting to see one. He is curious why that is a
conversation.
Councilman Hauenstein moved to read Ordinance #4, Series of 2019; seconded by Councilwoman
Mullins. All in favor, motion carried.
ORDINANCE NO. 4
(SERIES OF 2019)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE REZONING OF PROPERTY
COMMONLY DESCRIBED AS 465 AND 557 N. MILL STREET, LEGALLY DESCRIBED IN
EXHIBIT A; CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Councilwoman Mullins moved to adopt Ordinance #4, Series of 2019 on first reading; seconded by
Councilman Hauenstein. Roll call vote. Councilmembers Myrin, yes; Hauenstein, yes; Mullins, yes;
Mayor Skadron, yes. Motion carried.
RESOLUTION #36A, SERIES OF 2019- 660 S. Galena Street – 8040 Green line Review –
Dimensional Variances
Ben Anderson, community development, said there is no access to the right of way. You have to go
through the Little Nell and pedestrian cause way. The property is located in the 8040 greenline review
area. This is a technical review. The applicant is seeking to provide an accessibility ramp from the
causeway of the Little Nell to front porch of the house. They are doing an exterior remodel of the house.
Because of the location a review is required. It has been reviewed by comdev, engineering and parks.
We have no major concerns. There is a variances to the setback and floor area. The code has a limitation
to height of a structure in the setbacks of 30 inches. This will be 12 feet from grade. In order to get the
ramp and provide accessibility there will be a variance to the setback. Any floor area variance council is
the deciding body. Because of the location in the Lodge zone, single family is no longer an allowed use.
We allow a 15% deck exemption to that floor area. This would count as deck. Because it goes over the
15% it is an addition of floor area of 360 square feet. That is the big thing you are asking to review.
Regular Meeting Aspen City Council March 25, 2019
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Three things must exist to grant the variance. It must be consistent with the purpose of the code, the
minimum variance to make possible the use of the property, and literal interpretation will deprive the
applicant unnecessary hardship. Staff feels these are met. Also special conditional circumstance which
are unique to the parcel and which do not result from the action of the applicant. There are special
circumstances with the access. Also granting the variance will not confer the applicant any special
privileges. We have included a condition that will not grant any additional heights. Staff is
recommending approval of the variances.
Chris Bendon, representing the applicant, said it is a unique parcel accessed through the residence of the
Little Nell through an elevator and the causeway. He showed images of the bridge. At the end of the
bridge is a ski corridor. Underneath that it steps down, flagstone patio and access to the house. There is
no vehicular access. We would like to provide wheel chair access via a ramp. One of the family
members is wheel chair bound. The grades are pretty severe. This makes us way beyond the 30 inches.
We don’t have any floor area because the house is a non conforming use. The ramp counts as deck. It is
a unique site with minimal area needed for an accessible path. We are fine with the 5 conditions. We
have no intent to take this variance and parlay it into something other than what we are talking about
tonight.
Councilman Hauenstein asked is the proposed ramp covered or heated. Les replied it is heated but not
covered. Councilman Hauenstein said I support this.
Councilman Myrin said thank you for condition 1.
Councilwoman Mullins said the conditions limit anything else other than a ramp.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Resolution #36A, Series of 2019; seconded by Councilman
Hauenstein. All in favor, motion carried.
At 6:45 p.m.; Councilman Hauenstein moved to adjourn; seconded by Councilwoman Mullins. All in
favor, motion carried.
Linda Manning
City Clerk