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HomeMy WebLinkAboutminutes.council.20130318Regular Meeting Aspen City Council March 18, 2013 1 CITIZEN PARTICIPATION .......................................................................................................... 2 COUNCILMEMBER COMMENTS .............................................................................................. 2 CONSENT CALENDAR ............................................................................................................... 2 ORDINANCE #11, SERIES OF 2013 – 605/675 S. Alps Road, Moses Lot Split PUD Amendment ..................................................................................................................................... 3 ORDINANCE #8, SERIES OF 2013 – Approving Annexation of South Portion of Lot 1, Moses Lot Split .......................................................................................................................................... 4 ORDINANCE #10, SERIES OF 2013 – Aspen Modern Negotiation for Historic Designation of 602 E. Hyman ................................................................................................................................. 4 RESOLUTION #26, SERIES OF 2013 – Code Amendment - Trash, Utility, Recycle Area ........ 4 ORDINANCE #6, SERIES OF 2013 – 401 Castle Creek Road, Aspen Valley Hospital phases III and IV Final PUD ........................................................................................................................... 5 ORDINANCE #7, SERIES OF 2013 – Code Amendment Business ........................................... 12 Regular Meeting Aspen City Council March 18, 2013 2 Mayor Pro Tem Torre called the meeting to order at 5:00 PM with Councilmembers Frisch, Johnson and Skadron present. Mayor Pro Tem Torre announced Mayor Ireland is representing the city in Abetone, Italy, at the Pinocchio ski race where 4 racers from the Aspen Valley Ski and Snowboard Club were invited to participate. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilman Frisch noted Aspen Brewery celebrated its 5th anniversary this weekend. St. Mary’s had its 113th annual St. Patrick’s dinner which was well attended by the community. 2. Mayor Pro Tem Torre noted a great event, America’s uphill, was held Saturday on Aspen Mountain, a local’s race with amazing energy. 3. Mayor Pro Tem Torre said this weekend was the first Après ski Cocktail classic which was held in both Snowmass and Aspen. Mayor Pro Tem Torre said he hopes more events will include both communities. 4. Jim True, city attorney, requested Council add an executive session to the end of the meeting to discuss negotiations in the Marks v. Koch, Koch v. Branscombe lawsuits. 5. Steve Barwick, city manager, requested Council add to the consent calendar a resolution extending the negotiating period to May 13, 2013, for AspenModern for 602 E. Hyman because the property owners could not get to Aspen for tonight’s meeting. 6. Councilman Frisch reported the Frontiers Housing group is trying to get the capital reserves up and going and discussing possible sources for capital reserves. 7. Mayor Pro Tem Torre said he attended the RFTA Board meeting where several budget items were discussed, including service extensions and how to pay for these, identifying service standards; approving new counsel, Paul Taddune, and a report that the BRT program is on budget and on site. 8. Councilman Skadron reported on the Colorado Association of Ski Towns annual legislative meeting in Denver where they heard from the Colorado Tourism Board, CDOT and Government Hickenlooper who discussed the big picture of attracting tourism to Colorado. CONSENT CALENDAR Regular Meeting Aspen City Council March 18, 2013 3 Councilman Johnson moved to adopt the consent calendar as amended; seconded by Councilman Frisch. The consent calendar is: Resolution #25, 2013 - Burlingame Phase IIA(i) Construction Contracts Minutes - February 25, 2013 Resolution #27, 2013 – Extending Negotiating Period for 602 E. Hyman AspenModern to 5/13 Councilman Frisch brought up the cost of insurance at $383,000 in the Burlingame construction contracts and is the insurance outsourced or dealt with by staff. Chris Everson, asset management, said this is outsourced to the same firm through which the city gets its insurance coverage. The policy for the construction project is customized; this is an owner controlled policy. The city is saving about $600,000 by doing an owner-controlled policy, which covers all the activity on site including the sub-contractors. The budget was $350,000 and the contract came at $383,000, some of which will continue into 2014 as the budget also covers construction into 2014. Councilman Frisch said there are several references “is easily covered by contingency” and asked the update on the contingency. Everson reminded Council $700,000 was budgeted for contingency as there was some savings carried forward which makes the contingency over $900,000. Everson assured Council staff is paying close attention to all the contracts; there are line item by line item savings. All in favor, motion carried. ORDINANCE #11, SERIES OF 2013 – 605/675 S. Alps Road, Moses Lot Split PUD Amendment Councilman Johnson moved to read Ordinance #11, Series of 2013; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 11 (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PUD-OTHER AMENDMENT AND SUBDIVISION-OTHER AMENDMENT FOR LOTS 1 AND 2 OF THE MOSES LOT SPLIT SUBDIVISION, COMMONLY DESCRIBED AS 605 AND 675 S. ALPS ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO Jennifer Phelan, community development department, told Council this is a two lot subdivision on S. Alps road. The applicant requests to amend the floor area allocation permitted on each lot without changing the overall cap. P&Z recommends approval of the PUD. This will allow for the trail easement to meet the 20’ standard. The applicant has agreed to annex that portion of their property that is outside the city boundaries. Regular Meeting Aspen City Council March 18, 2013 4 Councilman Skadron said there is a TDR being extinguished; this property abuts undisturbed areas, what is the possible future development density. Ms. Phelan said the applicant is offering to land a TDR without increasing the overall floor area for the subdivision in order to create some extra community value. Councilman Skadron asked how lot 2 will affect the visual aesthetic of this area. Ms. Phelan said there are steep slopes above this property; this will rearrange the configuration of the lots and the allowable floor area and will lessen the development on the steep slope area. Councilman Skadron moved to adopt Ordinance #11, Series of 2013, on first reading; seconded by Councilman Frisch. Roll call vote; Frisch, yes; Skadron, yes; Johnson, yes; Mayor Pro Tem Torre yes. Motion carried. ORDINANCE #8, SERIES OF 2013 – Approving Annexation of South Portion of Lot 1, Moses Lot Split Councilman Johnson moved to read Ordinance #8, Series of 2013; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 8 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF PROPERTY COMMONLY KNOWN AS THE SOUTH PORTION OF LOT 1, MOSES LOT SPLIT TO THE CITY OF ASPEN, COLORADO Debbie Quinn, assistant city attorney, noted this annexation ordinance is in connection with the land use application just discussed and will give the city jurisdiction over the entire property. Councilman Johnson moved to adopt Ordinance #8, Series of 2013, on first reading; seconded by Councilman Skadron. Roll call vote; Skadron, yes; Johnston, yes; Frisch, yes; Mayor Pro Tem Torre, yes. Motion carried. ORDINANCE #10, SERIES OF 2013 – Aspen Modern Negotiation for Historic Designation of 602 E. Hyman Mayor Pro Tem Torre moved to continue Ordinance #10, Series of 2013, to May 13, 2013; seconded by Councilman Frisch. All in favor, motion carried. RESOLUTION #26, SERIES OF 2013 – Code Amendment - Trash, Utility, Recycle Area Jessica Garrow, community development department, told Council this is a proposal to clean up and rearrange and move the trash and recycle into the solid waste chapter, which is managed by the environmental health department. Applicants are required to provide trash and recycling Regular Meeting Aspen City Council March 18, 2013 5 area, which is reviewed by the environmental health department in a land use process. The size requirements for trash and utility areas for mixed buildings remains the same at 10’ by 20’ space. Staff is looking into requiring a larger space for lodges if they have a kitchen as well as adding requirements for multi-family residential. All land uses in town should have adequate trash and utility areas. No changes are proposed for single family or duplex; this is not retroactive but is for new applications or demolitions. Mayor Pro Tem Torre said although he supports this in general, his concern is for the future of waste management, like composting and will that need to be integrated. Mayor Pro Tem Torre said he would like to see interior regulations to encourage recycling and waste management. Mayor Pro Tem Torre opened the public hearing. There were no comments. Mayor Pro Tem Torre closed the public hearing. Councilman Skadron moved to approve Resolution #26, Series of 2013; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE #6, SERIES OF 2013 – 401 Castle Creek Road, Aspen Valley Hospital phases III and IV Final PUD Jennifer Phelan, community development department, entered into the record exhibit K, 4 letters Purvis, yes; Kirk, no; Bronson, no; Yang, yes. Ms. Phelan reminded Council one or more public hearings are scheduled after this hearing for more input and comment. Ms. Phelan reminded Council the hospital master plan was given conceptual approval in 2009 and phase II was given final PUD approval in 2010 and that phase is under construction. Phase II contains the bulk of the site improvements, affordable housing, expansion and renovation of the hospital. Phase III is proposed as additions to the 2nd floor, ground floor and basement expansion; phase IV is a ground floor expansion. Staff’s memorandum has a chart comparing the gross square footage from conceptual approval through different phases. Ms. Phelan noted phase III proposes 74,000 square feet broken into 19,000 square feet in the basement, 33,000 square feet ground floor and 18,000 square feet 2nd floor storage divided between the hospital and medical office space. Phase IV proposed 1800 square foot basement and 6700 square feet on the ground floor. Comparing approval of the 2009 square footage, the hospital is within 5% of the approval, 138,000 square feet of new hospital and medical office space; 75,000 square feet of existing building, parking garage of 76,000 square feet. The increase from conceptual to the present is 13,000 square feet above ground and of 8,000 square feet in is the basement. Ms. Phelan noted there are exhibits showing the existing and finish grade for the roof plan, the range of heights are 5 to 32’ for phases III; phase IV the maximum height will be 24’ with the entry expansion. There is a roof plan showing the location of the mechanical; one new mechanical will be on the second story element; 4 mechanical will be behind the new entry on the first level. The conceptual approval talked about 339 parking spaces and did not incorporate Whitcomb Terrace or the affordable housing, which brings the total to 356 parking spaces. Regular Meeting Aspen City Council March 18, 2013 6 Dave Ressler, CEO Aspen Valley Hospital, reminded Council the hospital is an essential public facility and is also a special district. The hospital has made efforts to be good neighbors to address light, sound, view corridors and tried to protect them to the extent possible. Ressler stated this is a hospital and it serves a purpose, to provide high quality level of care; and some things cannot be cut out of the plans. Ressler addressed the concern that funding this project may ultimately affect costs of health care. This project is funded by $50 million GO bonds, repaid by property taxes; by $30 million accumulated cash, and by philanthropic fund raising campaign. Ressler told Council the hospital will not start any work for which they do not have funding. Ressler said this facility will not cost more to operate than it currently costs; it may cost less through design efficiencies. Ressler noted the expansion is not predicated on adding new services or becoming more than it currently is; this is about right sizing, about de-congesting a small, inefficient operation. Ressler said the hospital will continue to be an acute care facility meeting the needs of the community. Ressler said the hospital maintains competitive pricing; they have a process to make sure the prices are appropriate. Ressler told Council money left over after expenses is used for capital equipment, reserves, and facility improvements. Ressler said the hospital board is focused on working with the community; they are part of the valley health alliance to reduce overall costs. Ressler said at phase II, there was a question of the risk of approving phase II if the hospital is not able to accomplish the rest of the project. Ressler reiterated the hospital only builds as it has money to build and the approvals to do so. Ressler reminded Council two needs assessment were conducted and the hospital was designed from the inside out to reflect the needs of each department. The space is needed; the hospital is not under-utilized. Ressler said the benefits of having medical offices on site are being able to respond to emergencies and on property when needed by patients. Ressler stated by law the office space is not subsidized; the hospital must charge fair market value for the space. There is an independent consultant who determines what the fair market value is and the rates are within that. The office space is critical to the future long term ability to attract staff. Jason Janss, DHM design, said they heard the concerns of addressing impact to the neighbors. Janss presented a rendering showing Whitcomb Terrace and senior center, the access road and loading dock. Janss pointed out the redone or added outdoor patio amenities. One patio was doubled in size from 600 square feet to 1200 square feet. There will be spaces near the courtyard and the affordable housing and a walking area and an expansion of the open space on the back side of the senior center. Janss said the residential area is furthest from the loading dock, which minimizes the impact of that dock. Janss told Council there are daily food deliveries, supplies in a panel truck and trash removal, which is not daily. Janss noted the majority of landscape improvements for phase III and IV are around the entry, lobby, drop off area, the outdoor café patio and the parking area for screening and shading. Janss said the applicants plan to use larger than required plant material. Maggie Girardi, director Whitcomb Terrace, told Council the hospital project has been well managed and the impact on the Whitcomb Terrace has been less than expected. There have been monthly meetings with the hospital liaison and the contractor to answer the resident’s questions. The residents have been complimentary and have appreciated the information. The residents do not look on the loading dock. More areas for walking and outdoor sitting areas have been added. Regular Meeting Aspen City Council March 18, 2013 7 Mayor Pro Tem Torre said for the next hearing, he would like information on perimeter landscaping, screening and noise reduction and how it will interact with the adjacent neighbors. Russ Sedmak, representing the hospital, showed images of the hospital and renderings for the completion of phase II. Phases III and IV will only be seen from the back of the building. There were images from the roundabout, across the meadow, from Heather Lane and west of town. Sedmak pointed out the stair and elevator tower that was to access the helipad has been reduced by one story as the helipad has been moved to the rooftop of the emergency department. The renderings showed those used for approval of phase II and the changes for phases III and IV. Sedmak showed slides of floor plans from conceptual approval and final PUD approval with phase III and IV on the first floor, the reduction of square footage on the second floor, the ambulance enclosure was not counted as square footage in the conceptual approval but in counted in the final. The basement contains the bulk of the increases between conceptual and final PUD, primarily to bury the majority of the mechanical equipment in the basement rather than on the roof, which helps to reduce the overall mass of the building from the outside. Sedmak brought up the helicopter flight patterns, showing the FAA pattern noting above ground obstructions, which are the mountains east and south of the hospital. Sedmak showed the preferred flight pattern. At the last meeting, the concern was raised about moving the helipad to the roof and what negative impacts this may have on the neighborhood, noise, rotor wash or visual disruption. Sedmak showed the closest residence to the helipad. Ressler told Council there are about 40 helicopter transports/year. Ressler said it is better to transport patients to the airport for fixed wing or helicopter or by ground rather than helicopter landings at the hospital. Tom Dunlop told Council he has been involved in environmental public health in Colorado since 1970 and started the environmental health department for the city. Dunlop said he did a noise analysis on this project. Dunlop provided Council with a noise chart with different types of noise and their noise levels. Dunlop said the process was to identify the levels of ambient noise, which is a composition of sounds from various sources, within 360 degrees of the hospital. There are many sources of sound in this neighborhood. Dunlop told Council in 2007 he did a preliminary noise study to identify background levels before the construction was started. Dunlop engaged the St. Mary’s flight for life helicopter to fly to Aspen. There were noise monitors set up all around the hospital neighborhood. The helicopter landed and took off several times so that the noise level could be identified. Dunlop said helicopter landing at the helipad is between 2 and 3 minutes; the take off is another 2 to 3 minutes, averaging a helicopter trip at 5 minutes times about 45 events is 4 or 5 hours/year. Dunlop pointed out there are mixed uses surrounding the hospital including residential, schools, recreation campuses, roads and highways. Dunlop showed the points where noise levels were measured and the level registered from 29 to 49 decibels. The conclusion of the study is that despite an overall increase in the size of the hospital and increased activity since 2007, has not resulted in excessive noise. The hospital is measuring the noise from the mechanical equipment on the roof; there may be additional noise studies on this. The noise from the chiller unit was going directly into the neighborhood; a sound wall has been constructed resulting in a reduction in sound from the chiller unit. Dunlop said there will be another air handler on the roof as a result of construction and the hospital has committed to measuring the sound of that unit and to quiet that noise down if necessary. Regular Meeting Aspen City Council March 18, 2013 8 Ressler stated this is the right size and the right design for the hospital. The applicants have made sure the building is designed from the inside out. Ressler reminded Council this is an outpatient facility with 24,000 people/year coming through the areas of phases III and IV. Ressler said the board is committed that this will not increase costs nor raise taxes; the expansion will be accomplished with available funds. Councilman Skadron asked if the mil levy/property taxes is the degree of public funding of the hospital. Ressler said it is; the hospital receives about $3.5 million/year from the mill levy which is about 4% of the revenue sources for operations; the debt service for the GO bonds, which received voter approval, cost taxpayers about $3.5 million/year. Councilman Skadron asked about the medical offices and the degree to which public monies are being provided for private commercial enterprises. Ressler told Council the hospital has to be able to demonstrate it is not public money, or the proceeds of the GO bonds, that went toward the medical office space. There is detailed accounting to track money and sources of funds for those offices. Ressler noted there is a legal requirement that public services cannot inure to the benefit of a private individual; the physicians have to pay fair market value for their office space and a 3rd party out of Denver determines that fair market value. Councilman Skadron asked about the overall mission of the hospital and the goal to stick with what they do best. Aspen Valley hospital is a general acute care facility providing short term care of patients having acute illness/injuries. Councilman Skadron asked if this proposed application is a major medical campus that may be better situated down valley. Ressler stated the mission of the hospital is to provide extraordinary health care in the environment of excellence, compassion and trust. Ressler noted the elected board has determined that in order to provide extraordinary health care, physicians need to be on campus. Ressler said a vast amount of the hospital has been repurposed over the past 35 years; the hospital was inpatient- oriented when first opened; there are services that were not thought of 35 years ago. John Sarpa, hospital board, told Council the board worked with the doctors and nurses to try and understand the needs of today in order to do what they do best. The hospital is not trying to change the type of services. The board directed to build only what is needed, to not compete with larger hospitals. Councilman Skadron noted part of his charge is to preserve view corridors, the natural environment as well as to meet the needs of the community. Councilman Skadron asked how to retain a small community hospital character consistent with the area’s population. If there has not been a lot of growth in the community, how can a large hospital expansion be justified. Sarpa said the applicants are not assuming large growth and to build for a large population but are assuming a 2%/year growth. Sarpa noted the applicants have a square foot by square foot basis on what is there and why the square footage is increasing. Councilman Skadron asked if the area has the critical mass of patients to support this expansion. Ressler stated the needs assessment is based on the current volume, the hospital is not building to grow into but is assuming a static level of demand on services. Ressler answered yes there is the critical mass of patients, 24,000/year today is a large demand on service since the hospital was built. Ressler told Council the anticipated changes relate to quantity of services and how much the hospital will be paid for those services. The hospital is aware there will be prices pressure on their services; the hospital has been on a cost glide slope and has reduced staff in order to reduce the cost structure. Ressler said an advantage of the new facility is more efficiency. This is being Regular Meeting Aspen City Council March 18, 2013 9 paid for on dollars that have already been saved up. The hospital is not interested in taking additional debt. Councilman Johnson asked, if Council does not approve phases III and IV, where does that leave applicant, what status of the project is. Ms. Phelan noted according to the land use code, approving conceptual does not mean final approval is guaranteed. Ms. Phelan said a lot of time and effort has been put into the final PUD. Ressler told Council during the summer and winter, the emergency room is at capacity much of the time. Mayor Pro Tem Torre opened the public hearing. Joe Wells said his issues are the existing lighting in phase II and landscaping as screening. Wells stated in his opinion the lighting violates the outdoor lighting code. Wells told Council he heard from the hospital that they are working on a solution to the lighting problem; however, he has seen little evidence of that and would like to know what will be done about the lighting. Wells presented the landscape plan and pointed out that of all trees proposed to be planted, only 10 that screen the parking structure are evergreen; evergreens provide more screening year round and more of that type should be planted. John Holsonbeck told Council he had been a patient 3 times at the hospital; this is an excellent facility and they need to have more room. Fred Drasner noted as a resident of Meadowood he had a great view of the hospital. Drasner said he is not concerned about the helicopter noise, not concerned about the lighting or the landscaping. Drasner stated he is concerned about having a top quality medical facility. Drasner stated the total cost project is pushing $125 million for 25 hospital beds, an average of $725,000/bed. Patient revenue has been flat for the past 5 years. Drasner agreed the community should support a quality medical facility; is there a possibility the hospital will return to the government and ask for additional support. Drasner said the hospital finances seem well managed and he supports the hospital. Bob Rafelson, Castle Creek Road resident, said he has arguments against the necessity for the proposed size of the hospital. Rafelson said he has received good service under lesser conditions. Rafelson agreed more evergreens are needed to screen the parking garage. This is a gateway to a beautiful valley and to a rural highway. Phyllis Bronson said the hospital is losing its identity; Aspen is a rural community. The mission of the hospital was to have an excellent small community hospital with superlative ER. Ms. Bronson said the hospital as proposed is not a small community hospital. Ms. Bronson said Aspen’s population is aging and the hospital needs to serve the needs of the community that exists. Junee Kirk said the public, unless one is a neighbor, has not been informed of phases III and IV. Ms. Kirk said this is a huge expansion; the hospital will need more money to pay for this. Ms. Kirk stated she is concerned that if this large hospital is built, more patients will come. Ms. Kirk said she would like to see the data on utilization, what is the average daily patient occupancy. This will be nothing like the small rural hospital that used to meet the community’s needs. Ms. Kirk said this is the best hospital around and phases III and IV are not needed; there are no more additional services; how has utilization changed in the past 5 years; what is the breakdown of the occupancy level. Ms. Kirk said this facility has intruded on the space of the senior citizens at Whitcomb terrace, has destroyed a rural trail system and taken up public air space. Aspen does not have the critical mass of patients to support a facility like this. Regular Meeting Aspen City Council March 18, 2013 10 Elaine Gerson, general counsel and chief clinical officer for the hospital, presented a letter from the hospital staff. Ms. Gerson said patient care is the foremost priority and the hospital has a staff of 287 people taking exceptional care of the patients. Ms. Gerson said if care continues in a sub-standard facility, they will lose the exceptional care. Patient rooms have been converted into rooms to other uses. The trauma room has been added; patients requiring isolation sit outside the emergency room. Ms. Gerson told Council to meet the flexible nature of the community, staff members have taken training in other areas; staff members take time off to meet the schedule. Ms. Gerson said Aspen needs to have a health care facility to take care of residents and visitors alike. Helen Klanderud pointed out medical care has changed over years to be primarily outpatient rather than inpatient so it is a flawed measure to judge cost/bed. Ms. Klanderud said this is the best hospital with the great quality of health care and the community needs to look at the quality we expect. Gabriel Musing, operations manager ambulance district, said his perspective is from public safety and this plan will includes a decontamination room, which they currently do not have. Decontamination is done in the parking lot in a tent with a portable shower. An onsite decontamination room would allow privacy and warm water and treatment during the contamination procedure. The plan includes a larger space for an ambulance bay which will allow patients to go from the ambulance to the emergency room without going through the weather. This proposal adds a safety advantage to the ambulance operation. Nancy Hall, Meadowood resident, said the facility from her vantage pointy is huge, dense, overbearing and out of character. Ms. Hall said the size of phase II was misrepresented in the renderings shown at the time. Ms. Hall noted there is no way to mask the air handling units on the top of the hospital and more mechanical boxes are proposed; how high are they and where will they be located. Ms. Hall said the neighbors are facing 3 more years of construction. Peggy Carlson, Meadowood, told Council she has attended the hospital community meetings for the neighborhood. Ms. Carlson said people attending these meetings do not have the decision making power to change anything. This project is 225,000 square feet with no landscaping. The lighting issue came up over two years ago and is just being addressed. Mitigation can make a big difference in perception. The community meeting forums could be better utilized. Graeme Means agreed the hospital has a big presence. Means said the lighting was a big issue and the hospital is dealing with the lighting. Means urged Council to follow up on the lighting mitigation to make sure it is acceptable to the community. Means said there have been issues with sound from the mechanical equipment for year. The Hospital put up a sound wall designed for what was there before and the sound mitigation should be followed up on. The landscaping is important to the final product. Cristal Logan, former hospital employee and member of the community advisory board, applauded Council for their foresight in conceptually approving the project. The community advisory board has been meeting for 7 years, has had 23 meetings to review the plans, toured the old facility and the construction, and reviewed the needs assessment. Ms. Logan said the hospital has been outdated for years; the facility is not up to par with the care received. Ms. Logan said this expansion is right sizing the facility and is reconfiguring space to be more efficient. Ms. Logan said this community and resort attract people to partake in activities that can result in injuries and the hospital is not world class. Ms. Logan questioned what it says about the community when the leaders consider moving it outside the community. Regular Meeting Aspen City Council March 18, 2013 11 Steve Ayers, emergency room doctor, assured Council the ER doctors never call for a helicopter unless it is a matter of life and death; other options are safer than getting in a helicopter. Ayers said Council’s review is to make sure the hospital is the right thing for the community. Ayers told Council at times more than 3 patients in the ER are waiting for the procedure room and the medical staff is crammed in the space with a patient. Ayers said privacy is an issue especially with doctor/patient confidentiality. There is only one negative flow room out of the ER and without observation. Chuck Frias, hospital board member and Meadowood resident, stated the hospital is in a strong financial position and is managing costs and income. Frias said the hospital has tried to address comments from neighbors, like the lighting, throughout the process. Barry Mink, hospital board member, told Council he is available for meetings, questions and tries to listen to the constituents and their concerns. Mink said when the present hospital was built, there were comments that it was too grandiose, did not fit in the town and it cannot be financed and 33 years later, the comments are the same. Mink said it is a responsibility of the Board to make sure the hospital is kept up to date and is trying to be sensitive to the structural and aesthetic issues and to mitigate those issues. Lori Maloy, director of outpatient services, stated this expansion is definitely needed; there is no clean utility room, which doubles as other uses. Ms. Maloy told Council there has been an average of 21 to 28 patients/day and up to 10,000/year in the emergency room alone and these are not patients who can fly off to another hospital. The hospital saves lives by the care in the emergency department. Ms. Maloy noted the changes in phase II did nothing for the emergency department or cardio-pulmonary department. Things have changed and the hospital does not have the space to provide the basic quality services. Chris Beck, president of medical staff, told Council the situation in the operating room and the anesthesia area is similar to that of the ER and the different types of surgical equipment take up a lot of space and the hospital was not built to accommodate all that equipment. Space is important for the medical staff, the patients and for standards of infection control. Beck said locating medical offices on the campus are to increase health and wellness as well as keep people locally, which is better for the community. Beck noted the community is aging and aging population need more medical care; the hospital gets paid by Medicare because they are a critical access facility. Beck said the hospital wants what is best for the patients, not what is good enough. Hal Thau said everyone in Aspen loves the hospital and the personnel. Thau asked why the emergency room wasn’t taken care of in phase I or II, which seems to be a design flaw; why were the doctor’s offices built and not the emergency room. Thau agreed there are problems in the emergency room set up. Thau said financially it does not make sense to have an expansion costing $120 million. Someone asked if there will be story poles set up. Sarpa said they are willing to do so if requested. Councilman Frisch asked about financing and reserves if the finances are not met. Ressler reminded Council they have described how they are paying for the expansion and the hospital is not leveraging the future to pay for the expansion. Ressler said the plan helps to address financial issues by having medical staff on site, more efficient care, the ability to address their costs. The hospital is not relying on the future to fund the expansion. Ressler noted the hospital’s net revenues are ahead of last year and they will bring those numbers to the next public hearing. Regular Meeting Aspen City Council March 18, 2013 12 Sarpa said health care facilities are accused of “build it and they will come” mentality, which is not the case in Aspen. Sarpa reminded Council the hospital is 5 elected officials with constituents and fiduciary responsibility to about 30,000 citizens. The hospital board constantly looks at ways to improve the financial viability of the hospital without putting an unnecessary burden on the community. Sarpa noted when the mil levy came up, the hospital did not keep the higher revenue when they could have. Sarpa said the hospital is confident they can raise funds and use existing funds to build phases III and IV and if not, it will not be built. Sarpa told Council the hospital board has monitored the size and needs and not just accepted a large facility. Ressler noted the manner in which this project was designed was because of construction logistics, not because of priorities; building phase II was not addressing higher priorities than phases III and IV. Sedmak pointed out the site utility infrastructure had to be rebuilt to add any space to the building and the bulk of the infrastructure meant starting phase II on the other side of the building would mean working on all 4 sides of the building simultaneously, which is not a tenable situation. Councilman Frisch said there are many more people to take care of 6,000 in the city. The city’s budget addresses a population of 25 to 30,000, and there are times larger buildings are required to provide a foundational base for a year round community and to accommodate people moving to town. Councilman Frisch said it seems a lot of thoughtfulness has gone into trying to provide a community asset. Councilman Johnson said he would like more analysis on the $5 million/bed and the metrics of patients. Councilman Johnson asked about the water main issue. Councilman Johnson requested the applicant continue their public outreach. Councilman Johnson said he would like more discussion about table 1 and more discussion on the landscaping plan and providing more screening. Mayor Pro Tem Torre said the hospital has heard a gamut of concerns – mechanical boxes, screening, lighting, financing – and the applicant can address these for the next hearing. Mayor Pro Tem Torre said he would like to see the needs assessment, would like to know comparison to other hospitals size and services provided. Mayor Pro Tem Torre said he would like to know what the community and hospital will not get out of phase III and IV and are there other efficiencies or space savings to be found in the existing building. Councilman Johnson moved to continued Ordinance #6, Series of 2013, to April 8; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #7, SERIES OF 2013 – Code Amendment Business Jim Pomeroy, community development department, reminded Council this code amendment has been through several steps, including public outreach talking to business owners and a public policy resolution before Council. Pomeroy said these changes come from the public outreach and staff’s experience in dealing with businesses; the use square footage limitations came through the difficulty to enforce and not-applicability; home occupation limits have been addressed. Councilman Frisch stated he supports these steps and is looking forward to addressing larger issues in the near future. Pomeroy told Council next are major revisions to the sign code as well as a business portal on the web site for a one stop to answer prospective business owners questions. Councilman Johnson said he would like a mechanism to catalog frustrations heard from business owners so they can be addressed. Regular Meeting Aspen City Council March 18, 2013 13 Mayor Pro Tem Torre opened the public hearing; there were no comments. Mayor Pro Tem Torre closed the public hearing. Councilman Johnson moved to adopt Ordinance #7, Series of 2013, on second reading; seconded by Councilman Skadron. Roll call vote; Frisch, yes; Johnson, yes; Skadron, yes; Mayor Pro Tem Torre, yes. Motion carried. Councilman Johnson moved to go into executive session at 9:35 PM pursuant to C.R.S. 24-6- 402(4) (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions and (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; seconded by Councilman Skadron. City Attorney Jim True stated these discussions regard the Marks v. Koch and Koch v. Branscombe law suits. All in favor, motion carried. Councilman Johnson moved to come out of executive session at 9:55 PM; seconded by Councilman Skadron. All in favor, motion carried. Councilman Johnson moved to adjourn at 9:55 PM; seconded by Councilman Frisch. All in favor, motion carried. Kathryn Koch City Clerk