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HomeMy WebLinkAboutminutes.council.20120529 Regular Meeting Aspen City Council May 29, 2012 BIKE FRIENDLY COMMUNITY USA AWARD 2 HPC AWARDS AND 40T" ANNIVERSARY CELEBRATION 2 CITIZEN COMMENTS 2 COUNCILMEMBER COMMENTS 3 CONSENT CALENDAR 3 ❑ Board Appointments - HPC— Sallie Golden, Patrick Sagal, Jane Hills; Kids First— ' Rebecca Paschal 4 ❑ Resolution#52, 2012—Ext. of AspenModem Negotiation—Aspen Athletic Club 4 ❑ Resolution#53, 2012 —Extension of AspenModern Negotiation—610 E. Hyman 4 ❑ Resolution#46, 2012 —Real Estate Broker Contract 4 ❑ Resolution#54, 2012 - Rio Grande Park Pedestrian Bridge 4 ❑ Resolution#55, 2012 —Lockton - Owner controlled insurance - Burlingame 4 ❑ Resolution# 56, 2012—Dale's - Fresh Water Pump Station- Golf course 4 ❑ Minutes—May 14, 2012 4 REQUESTS ASSOCIATED WITH USA PRO CYCLING CHALLENGE 5 RESOLUTION #47, 2012—Contract Security Services— Special Events 5 ORDINANCE# 17, SERIES OF 2012 —AspenModern Negotiation—Aspen Athletic Club 5 ORDINANCE#18, SERIES OF 2012— South Aspen Street PUD 6 ORDINANCE#19, SERIES OF 2012—Pitkin County Library SPA Amendment 8 ORDINANCE#16, SERIES OF 2012—Code Amendment Composting Toilets 9 1 Regular Meeting Aspen City Council May 29,2012 Mayor Ireland called the meeting to order at 5:07 PM with Councilmembers Skadron, Frisch, Johnson, and Torre present. BIKE FRIENDLY COMMUNITY USA AWARD Brian Flynn, parks department, told Council Aspen is one of 214 communities recognized as "Bike Friendly Community" with a silver designation for 2012-2016. Aspen was recognized for creating trails, education and outreach programs and enforcement of bike laws. Flynn thanked the Open Space and Trails board as well as other departments, engineering, transportation and the police department for work towards this award. Charlie Eckhart, Open Space and Trails Board, told Council they plan on working towards the gold designation. Flynn told Council one recommendation to get a gold designation is to have a comprehensive plan with all bicycle elements in one department. HPC AWARDS AND 40TH ANNIVERSARY CELEBRATION Ann Mullins, chair of HPC, and Council presented 23`d annual historic.preservatibn awards to 202 North Monarch street, the Crandall building 630 East Hyman, the studio at 216 West Hyman and to Gaard Moses for his work on historic signs on buildings and business signs. Amy Guthrie, community development department, told Council this is the 40th anniversary of the adoption of the historic preservation program in Aspen, which is one of the oldest in the country. Ms. Guthrie presented Council with booklets made by the national Trust for Historic Preservation spotlighting Aspen's AspenModern program. CITIZEN COMMENTS 1. Bill Wiener said the previous Crandall building as a piece of architecture was complete and as it should be. The third floor addition destroyed the historic integrity. The AspenModern ordinance sets up these types of collisions where the community gets bad results. Council should relook at the ordinance and look at parallel paths for preserving buildings. 2. Elizabeth Means, representing the Aspen Community Church, told Council the Church was built in 1890 by mining and ranching families. The Church is used by many organizations, not just religious ones. Ms. Means said the building has had no repairs for the last 120 years. The Church is currently operating under a temporary c/o as the roof almost collapsed and had to have steel rods installed. The cost of renovating the Church is $4.5 million, which the small congregation will not be able to afford. Ms. Means said they are looking for suggestions to fund these repairs, including partial city ownership in the building. Steve Barwick, city manager, said he does not know what funds would be available for a project like this but will look into it. Mayor Ireland said he would like to know the legal restraints of the city funding Church restoration. 2 Regular Meeting Aspen City Council May 29, 2012 COUNCILMEMBER COMMENTS 1. Councilman Torre noted he attended the Aspen high school graduation, which is an amazing community event. Councilman Torre said after graduation, a high school senior had a serious accident and asked for everyone's thoughts for Hayden Spurlin's recovery. 2. Councilman Frisch thanked the school system and noted Aspen's schools were ranked #1 in the state and 47 in the country. Councilman Frisch said schools are the bedrock of this community. 3. Councilman Frisch said he attended the Memorial Day service and thanked the community members and the Elk's for putting on the event. 4. Councilman Frisch said the Aspen triathlon is June 9th and the back country marathon is in August. 5. Councilman Frisch said Aspen Lemonade Day is June 30th; support the event. 6. Councilman Frisch requested updates on the newly installed walk signal control boxes. The city did not design or approve these. 7. Councilman Skadron said he, too, attended the Memorial Day service and thanked the organizers and thanked the men and women who serve this country. 8. Councilman Johnson noted school will be out this week and drivers should keep a look out for kids on bicycles and skateboards. 9. Councilman Johnson said he was married in the Aspen Community Church and maybe that is a way to reach out to people who have special ties to the Church. 10. Mayor Ireland said he addressed the crowd at the Memorial Day ceremony and it is fitting to honor those who served our country. 11. Councilman Skadron asked why there is a resolution of extension of AspenModern negotiations for the Aspen Athletic Club and an ordinance and an extension of Aspen Modern negotiation for 610 E. Hyman. Amy Guthrie, community development department, said the AspenModern ordinance requires the negotiating period to last only 90 days. This period for both the Aspen Athletic Club and 610 E. Hyman are almost up and the negotiating period needs to be extended. The Aspen Athletic Club is ready to have their development discussed by Council; 610 E. Hyman has not completed HPC and will not be complete before fall due to HPC's case load. Councilman Skadron asked if the negotiating period should be lengthened. Ms. Guthrie said Council can discuss that; there are positives to having a short term frame. 12. Councilman Frisch announced the Red Brick dinner July 24th 6 pm honoring local artist Rita Blitt. The Nordic Council is studying the possibility of snowmaking at the Nordic center. CONSENT CALENDAR 3 • Regular Meeting Aspen City Council May 29, 2012 Councilman Skadron said the request from Pro Cycling for banners on Main street is one that diminishes Council's ability to manage their resources. Jim True, city attorney, said the city has established appropriate policies and if there is waiver for benefit of the community that can be evaluated on a case by case basis. Councilman Skadron said it is a privilege to post information on the light posts around town and the city needs to act with sensitivity on these requests. Councilman Skadron asked if there are other events during that time period. Nancy Lesley, special events, reminded Council last year, at their request, other events during this time period shared the light post banners. Councilman Skadron said Council needs to consider events holistically. Ms. Lesley noted there are strict guidelines for how and when the light poles banners on Main street can be used. The Pro Cycling challenge fits in these guidelines and last year all events surrounding the bike challenge were included in the banner request. Councilman Skadron said although this request seems innocuous, it can be pernicious, from a legal standpoint and from crowding out other events. Councilman Torre said the memorandum on the security contract notes that the cost is higher but that there were benefits in the level of service, like the company owner on site at all events. Councilman Torre_stated he does not see that spelled out in the contract and would like to see the contract amended before Council approves it. Tom Delassandri, Security Services, told Council it is standard operating procedure for him to be present at all events. Jim True, city attorney, suggested amending exhibit B setting forth specific times that Delassandri will be personally present. Councilman Skadron brought up Resolution#54 that is a change order for $240 to an existing contract bringing the total of the contract to over$25,000. Councilman Skadron complimented staff for precise attention to details that helps maintain the city's budget and reserves. Mayor Ireland moved to approve the consent calendar as amended; seconded by Councilman Frisch. The consent calendar is: • Board Appointments - HPC—Sallie Golden, Patrick Sagal, Jane Hills; Kids First— Rebecca Paschal • Resolution#52, 2012—Ext. of AspenModern Negotiation—Aspen Athletic Club • Resolution#53, 2012—Extension of AspenModern Negotiation—610 E. Hyman • Resolution#46, 2012 —Real Estate Broker Contract • Resolution#54, 2012 - Rio Grande Park Pedestrian Bridge • Resolution#55, 2012 —Lockton - Owner controlled insurance - Burlingame • Resolution# 56, 2012—Dale's - Fresh Water Pump Station- Golf course • Minutes—May 14, 2012 ' All in favor, motion carried. 4 Regular Meeting Aspen City Council May 29,2012 REQUESTS ASSOCIATED WITH USA PRO CYCLING CHALLENGE Mayor Ireland moved to approve the banner requests for Main street to include other events, like Komen ride, Women's race, Pro Cycling, Marathon in the appropriate proportions and that the reason for the extended time of the banners is that there are multiple parties involved which is unique; seconded by Councilman Torre. All in favor, motion carried. RESOLUTION#47,2012—Contract Security Services— Special Events Councilman Torre moved to approve Resolution #47, Series of 2012 with an amendment to exhibit B to include a representation as to the participation of the owner, Tom Delassandri, personally in the events consistent with his representation made in the RFP process; seconded by Councilman Johnson. All in favor,motion carried. Councilman Skadron asked about Resolution#56, fresh water pump station at the golf course and if this will coincide with the stringent water policy. Jeff Woods,parks department, said this allows staff to be more exact putting fresh water on the greens. Effluent cannot be used on the greens. This will also allow managing the entire water system tied into the city's water rights. Councilman Skadron said he wants to be assured that all city departments are adhering to the city's water policy. ORDINANCE # 17, SERIES OF 2012 —AspenModern Negotiation—Aspen Athletic Club Councilman Skadron moved to read Ordinance #17, Series of 2012; seconded by Councilman Tone. All in favor, motion carried. ORDINANCE #17 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION, SUBDIVISION, GROWTH MANAGEMENT REVIEW, AND BENEFITS THROUGH THE ASPENMODERN PROGRAM, AND A SITE SPECIFIC DEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT 720 EAST HYMAN AVENUE, LEGALLY DESCRIBED AS THE ASPEN ATHLETIC CLUB BUILDING CONDOMINIUMS, LOTS Q, R AND S, BLOCK 104, CITY AND TOWNSITE OF ASPEN, COLORADO Sara Adams, community development department, told Council this building is in the MU mixed use zone district where there is a cap on net livable area for free market residential units which encompasses the areas solely used by the residential units. The floor area number includes non- unit space so there is a limit on the amount of floor area for the free market component allowed in this zone district. Ms. Adams told Council there are two free market residential units proposed. Currently this building is 5 floors of commercial, 2 subgrade and 3 above grade. The proposal is to convert a portion of the 2nd floor to affordable housing unit to mitigate for one of 5 Regular Meeting Aspen City Council May 29, 2012 • the free market units and to convert the entire 3rd floor to two free market residential units of 2500 square feet, net livable and 2750 square feet of net livable. The cap in the MU zone is 2000 square feet,; one is allowed to increase that cap to 2500 by landing one TDR/residence. The applicants are asking for 250 square feet extra net livable through the AspenModern negotiation. Councilman Johnson asked how historic is this structure under the guidelines. Ms. Adams said it is considered a"best example" of Wrightian organic style as indicated by scoring sheets. Ms. Adams noted the proposal is mostly interior changes with a 675 square foot roof deck in the middle of the building and exterior renovations. This building has been untouched since the 1970's. Councilman Skadron asked if there is guidance on the loss of economic generating business square footage by converting this space to residential. Councilman Skadron requested comments from HPC regarding rooftop decks, the effect on historic structures, does it diminish the historic character and the impact on the community dynamic. Councilman Skadron asked, if negotiations fail and the building were to be demolished, under what code would the building be reviewed. Ms. Adams said it would be reviewed under the code in existence when the application is turned in. Councilman Frisch said he thought the housing office was trying to get away from having affordable housing units mixed in with free market units. Ms. Adams said the housing comments are an exhibit to the agenda item. The housing office is concerned about affordable housing in a mixed unit; however, the current code encourages on-site affordable housing. Councilman Frisch said the mix of free market and affordable has not turned out to be a great idea. Ms. Adams suggested housing office representative be present at second reading to answer any of these questions. Councilman Torre questioned the figures in "amount the use is over allowable floor area". Ms. Adams said the commercial component would be less than is there now; approving this project would be reducing the non-conformity. Ms. Adams said a request in the negotiation is to allow the free market residential component to exceed the allowable amount in the MU zone; the floor area is more than is allowed. Councilman Tone said at second reading, he would like more discussion on the waiver of the parking cash-in-lieu and why the city would approve that. Councilman Torre said landing TDRs here takes the project over the allowable limits and he does not think a bonus of an additional 250 square feet is appropriate. Mayor Ireland said he sent Council a memorandum about conversion of commercial square footage in the commercial core into residential, which should be discussed at a work session. Councilman Johnson moved to adopt Ordinance #17, Series of 2012, on first reading; seconded by Councilman Skadron. Roll call vote; Tone, yes; Johnson, yes; Frisch, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #18, SERIES OF 2012— South Aspen Street PUD Councilman Johnson stated he is recused because he lives within 300 feet of the project. Councilman Tone moved to read Ordinance #18, Series of 2012; seconded by Mayor Ireland. All in favor, motion carried. 6 Regular Meeting Aspen City Council May 29, 2012 ORDINANCE NO. 18 (SERIES OF 2012) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT - OTHER AMENDMENT AND ASSOCIATED LAND USE REVIEWS FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD LEGALLY DESCRIBED AS PARCELS 1, 2, AND 3 SOUTH ASPEN STREET SUBDIVISION/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO Jennifer Phelan, community development department, told Council this is located in the lodge district with a PUD overlay, consisting of 3 parcels along Aspen street. This property has existing entitlements for 14 free market and 17 affordable housing units. The existing development was approved in 2003 and the request to merge 2 of the parcels into one larger lot, to develop 14 free market multi-family units, 10 affordable housing on-site units and 8 off site affordable housing units and a cash-in-lieu payment for 3.5 FTEs. Ms. Phelan recommended approval of first reading. Councilman Frisch asked about the Ski Company parking. Ms. Phelan said there is an existing ' parking lot used by Ski Company employees and the redevelopment plan requires the applicant to provide parking spaces for the Skiing Company; there will be underground parking and the location of that parking has not changed. Councilman Frisch asked about the multi-family housing replacement requirement that it was lived in by locals. Ms. Phelan said if one has proof that locals did not live in a unit, they are exempt from the replacement requirements. Ms. Phelan said the original application was filed under the code in existence in 2000; the codes have changed in the past decade; however, these amendments are being reviewed under the 2000 code. Councilman Frisch asked how much of staff's concern is based on off-site housing mitigation. Ms. Phelan said there are some site planning concerns and the greater community issue is loss of affordable housing in downtown. Councilman Frisch said the mix for the original 17 units was categories 1, 2 and 3. Ms. Phelan said APCHA can address this at the next meeting. Councilman Torre said there is a lot of community sentiment that this is a lost opportunity to get more tourist beds. Councilman Torre said there was 9 years of discussions and a lot of work went into a lodge project on this site. Councilman Torre asked if there is a possibility to discuss a lodge for this property. David Parker, representing the applicant, told Council there was a lot of time and effort spent trying to put a lodge there. The applicants are hotel developers who spent 12 months trying to figure out how to put a lodge on this parcel and decided there was no way to accomplish that. Councilman Torre said the community sentiment favors a higher intensity use at this site, possibly accommodating free market and lodge uses. Councilman Skadron said it appears this project does not satisfy PUD review criteria and he is not in favor of adopting it on first reading. Councilman Frisch agreed it is a loss to the community as there are very few places left in town that can accommodate a lodge. Councilman Frisch said he would like to discuss why type of tradeoffs might make a lodge more viable on this site. Parker reiterated their partners are doing a 7 Regular Meeting Aspen City Council May 29,2012 number of hotel projects and their goal was to do a hotel at the base of Aspen mountain and they could not figure out how to make it work on this site. Councilman Frisch asked how to keep the discussion about a lodge going with the applicant. Chris Bendon, community development department, said Council has an application they need to review in accordance with the standards of the land use code. Councilman Skadron stated it is not in the community's interest to spend months and months discussing the townhouse project. Mayor Ireland said the applicant can build what they are entitled to or engage in conversations with the city on a lodge development. Councilman Skadron said he cannot support an application that moves affordable housing off-site; there is no community benefit in that. Mayor Ireland said the city has spent a lot of time and money trying to prevent sprawl. There are some private projects in the core that provide affordable housing. Mitch Haas, representing the applicant, said keeping a dialog is a good goal;.Council should adopt this on first reading so that can happen. Mayor Ireland said at first reading, Council c expresses their concerns about the project so these can be addressed at second reading. Mayor Ireland moved to adopt Ordinance#18, Series of 2012, on first reading; seconded by Councilman Frisch. Roll call vote; Torre, yes; Skadron, no; Frisch, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #19, SERIES OF 2012 —Pitkin County Library SPA Amendment Councilman Torre moved to read ordinance #19, Series of 2012; seconded by Mayor Ireland. All in favor, motion carried. ORDINANCE NO. 19 (SERIES OF 2012) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A SPECIALLY PLANNED AREA (SPA) AMENDMENT AND AN ESSENTIAL PUBLIC FACILITY GROWTH MANAGEMENT REVIEW FOR THE PITKIN COUNTY LIBRARY TO CONSTRUCT A TWO STORY ADDITION TO THE EXISTING FACILITY, 120 N. MILL STREET, CITY OF ASPEN, COLORADO, LEGALLY DESCRIBED AS LOTS 2 AND 3 OF THE RIO GRANDE SUBDIVISION. Mayor Ireland noted if this project is approved by Council, it will be voted on by the public on the November 2012 ballot. Jennifer Phelan, community development department, told Council this amendment to the current approved library SPA is to expand the premises. The library is on lot 3 of the Rio Grande subdivision; Galena plaza and the parking garage are on lot 2 of the subdivision. The county reserved an easement for the expansion of the library when they deeded lot 2 to the county. The proposal is a two-story addition of 7200 square feet on lot 2. There will be interior remodeling and reprogramming of the library. Staff recommends approval on first. reading. 8 Regular Meeting Aspen City Council May 29, 2012 Mayor Ireland said his sister is an employee of the Pitkin County Library; however, this does not constitute a conflict of interest. Mayor Ireland said if someone feels he is prejudiced, he will withdraw from the discussion. Councilman Skadron asked the conditions of approval. Ms. Phelan said staff is developing language for the ordinance; the addition is proposed on city-owned land and the city would like assurances, if this passes in the fall, that their assets will be protected. Councilman Skadron said he would like comments on the proposed 29' height and why it cannot be 28'. Councilman Skadron requested more detail on the 60' perspective from the parking garage. Councilman Skadron said he would like to hear that what is being proposed for the community is the library • of the future and not just a building that incorporates everything the needs assessment indicated. Councilman Johnson told the applicant he will need to be convinced that adding 7200 square feet will require no additional employees. Councilman Frisch asked how one differentiates between adding employees in 3 years as a natural course or because of this expansion. Ms. Phelan pointed out the ordinance requires two audits be conducted, one 3 years after completion. Ms. Phelan told Council she will ask APCHA to comment. Councilman Frisch said for second reading, he would like to hear from city staff about the repairs to the parking garage and how this fits with the library proposal. Councilman Torre said he would like to see the County Commissioner's minutes from their review of this project. Councilman Torre said it seems there is a lot of interior area not currently being used. Councilman Torre said he would like to hear why the program is design to be what it is. Mayor Ireland moved to adopt Ordinance #19, Series of 2012, on first reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Frisch, yes; Johnson, yes; Skadron, yes; Tone, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #16, SERIES OF 2012 —Code Amendment Composting Toilets CJ Oliver, environmental health department, told Council the ordinance is unchanged since first reading except for the addition of a list of requirements for installing composting toilets. Mayor Ireland moved to adopt Ordinance #16, Series of 2012, on second reading; seconded by Councilman Frisch. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Roll call vote; Frisch, yes; Skadron, yes; Tone, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. Councilman Torre moved to adjourn at 7:35 PM; seconded by Councilman Skadron. All in favor, motion carried. Ziek_ Kathryn ' och Ci Clerk 9