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HomeMy WebLinkAboutminutes.council.20130408Regular Meeting Aspen City Council April 8, 2013 1 SWEARING IN POLICE OFFICER .............................................................................................. 2 PROCLAMATION – Architecture Month ..................................................................................... 2 CITIZEN PARTICIPATION .......................................................................................................... 2 COUNCILMEMBER COMMENTS .............................................................................................. 3 CONSENT CALENDAR ............................................................................................................... 4 Resolution #38, 2013 - Contract to Purchase Dump Truck - ............................................... 5 Resolution #41, 2013 - Revise the 2013 EOTC Budget - .................................................... 5 Housing Board Appointment Joint alternate Renee West ............................................... 5 ACRA Supplemental Budget for 2013 ................................................................................ 5 Resolution #44, 2013 - Development Plan Design Review and Inspection Services .......... 5 Minutes - March 18, 2013 .................................................................................................... 5 RESOLUTION #42, 2013 - Dasher Board Replacement Aspen Ice Garden ................................. 5 RED BUTTE CEMETERY DEVELOPMENT FEES REFUND .................................................. 5 RESOLUTION #39, 2013 - Concrete Replacement and Pedestrian Improvement Project ........... 6 RESOLUTION #43, 2013 - Contract for Rubey Park Outreach and Design ................................. 6 ORDINANCE #13, SERIES OF 2013 – Code Amendment – Trash, Utility, Recycling Areas .... 6 ORDINANCE #15, SERIES OF 2013 – Supplemental Appropriation .......................................... 8 ORDINANCE #12, SERIES OF 2013 – City Wide 20 MPH Speed Limit .................................... 9 ORDINANCE #14, SERIES OF 2013 – Code Amendment – Signs ............................................. 9 RESOLUTION #40, SERIES OF 2013 – Height Variance 419 E. Hyman ................................. 10 ORDINANCE #6, SERIES OF 2013 – Aspen Valley Hospital Phase III & IV Final PUD ........ 11 ORDINANCE #9, SERIES OF 2013 – Code Amendment Campaign Contributions .................. 17 Regular Meeting Aspen City Council April 8, 2013 2 Mayor Ireland called the meeting to order at 5:07 pm with Councilmembers Torre, Frisch, Johnson and Skadron present. SWEARING IN POLICE OFFICER Mayor Ireland swore in Roderick O’Connor as an office of the Aspen Police Department PROCLAMATION – Architecture Month Mayor Ireland and Council proclaimed April Architecture month in Aspen , architecture impacts how people live and play, and urged all citizens to recognize and support architecture and design in the community. Scott Smith, AIA chapter president, told Council the national AIA theme is the citizen architect, an individual who uses his or her insights, talents and experience to contribute meaningfully to the improvement of the community by writing, publishing, being appointed to local boards and elected office. Smith noted from April 16 to 30th at the Pitkin County library there will be a display of pro bono and not for profit projects by local architects. Mayor Ireland said there have been 4 suicides in the last month, which is a lot for a small town population. Mayor Ireland said this is not a problem government can solve; deaths are related to life style. Mayor Ireland said he hopes that the community will take up the cause not only by supporting the Hope Center but recognizing and supporting people who suffer from depression and despair. Council had a moment of silence for victims and their families. Mayor Ireland reminded everyone of the Aspen Hope Center 925-5858 and available 24/7. CITIZEN PARTICIPATION 1. Paul Andersen told Council he has formed a non-profit, Huts for Vets, to provide wilderness and communal experiences to help veterans adjust and to enjoy civilian life. The tours are 3 days of guided hiking in the wilderness, going to the 10th Mountain hunts. Andersen said the mission is to help veterans adjust to and enjoy civilian life. Andersen told Council 22 US veterans commit suicide every day. Andersen requested financial support from the city, the use of the Wheeler for a fund raiser, and a place to house vets one night before they go to huts for vets. Mayor Ireland recommended Andersen apply for a non-profit grant through the city’s process, contact the Wheeler about the use of the Wheeler and talk to Stay Aspen Snowmass about hotel rooms. 2. Karen Derly, Creperie du Village, told Council they are trying to put a walk-in cooler of 60 square feet in the alley located on their landlord’s property behind their business and found they have to pay a housing mitigation fee of $21,000. Ms. Derly said she does not feel a housing mitigation fee is justified. The code considers the 60 square feet an increase in net leasable which triggers the need for more employees. The walk in cooler would help to produce food in larger quantities but it would not require more employees. Ms. Derly said the environmental health department is urging her to set up more commercial cooling space. Ms. Derly noted they Regular Meeting Aspen City Council April 8, 2013 3 are a small business catering to locals and trying to stay in business. Ms. Derly pointed out the code states that net leasable is space within the commercial building and she does not consider the alley to be within their building. Mayor Ireland said he and other Council members are interested in providing some relief for the request, which is not adding tables and chairs. Mayor Ireland said the usual method is to have Council adopt a code amendment and then one could apply for an exemption so that all are treated equitably. Mayor Ireland suggested granting an exemption and directing the community development department to bring back to Council a code amendment. Councilmembers Skadron and Johnson support this direction. There are other small businesses that this may apply to. Councilman Frisch moved to exempt the fees for the walk in cooler and to direct staff to draft a code amendment and bring it back to Council; seconded by Mayor Ireland. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Skadron noted there was a great organic mini concert at the Nugget Gallery, topped only by the free Spring Jam concerts Friday and Saturday at Galena and Hopkins. It was great entertainment over the weekend and reminded him what a great place this is. Councilman Skadron noted the Ute Indian tribute on the mall this past weekend. 2. Councilman Skadron said there was a fund raiser for Justin Doty, attended by many locals and was a success. 3. Councilman Skadron extended his condolences to the Klanderud family for the loss of Soren. 4, Councilman Frisch reported on the 16th annual Grand Traverse ski race from Crested Butte to Aspen. The Grand Traverse organizers are planning a summer run race over the same 35 mile course. 5. Councilman Frisch congratulated the organizers of the Easter egg hunt at the Historical Society. 6. Councilman Torre reminded everyone the municipal election is May 7th and the deadline to register to vote is midnight April 8th. One can register online at gocoloradovote.com. Councilman Torre outlined the procedure for voting absentee if one is going to be out of town. Ballots will be mailed to those on the permanent mail in voter list and you can check that status at gocoloradovote.com 7. Councilman Torre said there have been some amazing local events; the disabled veteran’s events, the Ute Indian PowWow, and a fund raiser put on by the Aspen Volunteer Fire department for the benefit of the Detroit Fire department where there are 30 fires a day and their equipment is in need of replacement. Regular Meeting Aspen City Council April 8, 2013 4 8. Councilman Torre brought up a letter to the editor regarding government spending. The letter writer pointed to Councilman Torre as trying to fix everything in Aspen with a tax increase. Councilman Torre stated the only tax increase he has discussed would be a property mill increase to benefit health and human services and would be appropriate for the community. Councilman Torre said the city budget is over $120 million, most of which is allocated to different funds and there is $22 million in the general fund which is where health and human services funding could come from. The city already contributes $400,000 to health and human services. 9. Councilman Johnson said yesterday was Bacon Day at Buttermilk, celebrating closing day. Councilman Johnson acknowledged the disabled veteran’s event has been a huge success. Councilman Johnson noted the Mountain Travel Symposium, which brings a lot of travel representatives to town is going on at Snowmass. 10. Mayor Ireland agreed there have been misrepresentations about the city budget; a lot of the budget is money that voters approved for special funds, like open space, Wheeler fund, tourism and promotion, transportation, housing development, kids first, storm water fund and those monies cannot be used for anything other than what the voters approved it for. 11. Mayor Ireland reiterated the municipal election is May 7th. There is no early voting; people can vote in the clerk’s office before leaving town. If people are out of the country and where ballots cannot be mailed, there is a special ballot procedure. Contact the city clerk’s office for details. 12. Councilman Torre said there is a sister cities meeting tomorrow and the 4 AVSSC kids who went to Abetone, Italy, to ski in the Pinocchio race will recount their experiences. 13. Councilman Johnson announced he attended the RWAPA meeting and there will be funding for the invasive mussel testing at Ruedi. 14. Councilman Frisch reported the housing frontiers group is finishing up their work on capital reserves. The frontiers group has gotten outside help to make sure the housing documents are accessible and understandable for everyone in the community. 15. Mayor Ireland said he is going to Pueblo to accept the Governor’s Arts award for 2013. Mayor Ireland said Aspen is very proud of the arts community. CONSENT CALENDAR Mayor Ireland requested Red Butte Cemetery Development Fees Refund be pulled; Councilman Torre requested Contract for Rubey Park Outreach and Design be pulled; Councilman Frisch requested concrete replacement and pedestrian improvement project be pulled. Mayor Ireland moved to approve the consent calendar as amended; seconded by Councilman Johnson. The consent calendar is: Regular Meeting Aspen City Council April 8, 2013 5  Resolution #38, 2013 - Contract to Purchase Dump Truck -  Resolution #41, 2013 - Revise the 2013 EOTC Budget -  Housing Board Appointment Joint alternate Renee West  ACRA Supplemental Budget for 2013  Resolution #44, 2013 - Development Plan Design Review and Inspection Services  Minutes - March 18, 2013 All in favor, motion carried. Councilman Torre asked if the community development department was going to need outside help in design review. Chris Bendon, community development department, told Council there has been an increase in permit activity and a half time person was added last year. Plan review may be outsourced later in the year. Bendon said technical review issues can be outsourced but land use review really has to be reviewed by planning staff. RESOLUTION #42, 2013 - Dasher Board Replacement Aspen Ice Garden Councilman Johnson noted the memorandum states a $6200 price for the existing boards. Councilman Johnson asked if staff asked Aspen Junior Hockey if they are interested in the boards. Tim Anderson, recreation director, said he has not and it would be better than having to ship the boards out of the county. Anderson said Junior Hockey would have to negotiate with the contractor. Councilman Skadron asked if this is a safety issue. Anderson said it is; the boards are 20 years old and do not align properly. Council suggested this be put off so that Junior Hockey can be contacted. Mayor Ireland moved to table Resolution #42, Series of 2013, to April 22; seconded by Councilman Torre. All in favor, motion carried. RED BUTTE CEMETERY DEVELOPMENT FEES REFUND Mayor Ireland said in the original review, housing on site was proposed. Stone Davis said it was; however, this approval has a 10 by 32 warming space. Mayor Ireland suggested this be approved with the stipulation that space not be converted to residential use without Council review. Mayor Ireland moved to approve the Red Butte Cemetery Development Fees Refund stipulating no part of the maintenance facility be converted to residential use without consent of Council; seconded by Councilman Skadron. All in favor, motion carried. Regular Meeting Aspen City Council April 8, 2013 6 Councilman Torre stated his concern for a consent agenda item for this amount of money and how appropriate is it to take $8500 from general fund and $4000 from contingency. Councilman Torre asked the impetus for the fee waivers. Councilman Johnson pointed out Council discussed this and agreed to it in 2009. Randy Ready, assistant city manager, said when this came through the land use process, the application fees were waived, directing the applicant to come back when the fees for the development were known. RESOLUTION #39, 2013 - Concrete Replacement and Pedestrian Improvement Project Councilman Frisch said he get comments from citizens about tearing up work that was just done. Tyler Christoff, engineering department, said this project proceeds the streets department resurfacing and before they demo any curbs, they are evaluated with a rating system 1 to 5 and only curbs rated 3 or under are demolished. RESOLUTION #43, 2013 - Contract for Rubey Park Outreach and Design Councilman Torre asked what $177,000 will cover. John Kruger, transportation department, reminded Council the design portion of Rubey Park was divided into two phases. This is the first phase, outreach, existing conditions and getting to 30% schematic phase. The second phase will take this to 100% design and the 3rd piece is construction. This was approved by EOTC, which has a budget for it, and the city took it through the RFP process. The design alternatives will be brought back to Council before going to final design and going to the state FASTER grant. This will enable staff to get a cost for the entire project. This went through an RFP process, 16 teams bid on the project, the selection team narrowed it to 3 proposals. The city will have the final design on what will go into Rubey Park. Councilman Torre said this is a transportation hub that represents Aspen and it is in dire need of attention. Mayor Ireland moved to approve Red Butte Cemetery Development Fees Refund, Concrete Replacement Project, Rubey Park Outreach and design; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #13, SERIES OF 2013 – Code Amendment – Trash, Utility, Recycling Areas Jessica Garrow, community development department, reminded Council this is the third step in the code amendment process and the purpose is to update the trash, utility and recycling area requirements. Ms. Garrow noted this reauthorizes the recycling ordinance which is set to sunset this summer as well as moving the trash/recycling requirements into the solid waste section of the code rather than the land use code as the environmental health department administers this rather than community development department. Ashley Perl, environmental health department, told Council the recycling ordinance has been in place since 2005 and it has been a success; the recycling rate in Aspen has increased from 14% to 30%. The recycling ordinance requires Regular Meeting Aspen City Council April 8, 2013 7 everyone in Aspen pay for recycling as part of their trash rate. The aim of this ordinance is to provide users the ability to take advantage of recycling services. Ms. Perl said this eliminates the sunset; staff will watch this and come back to Council with changes as needed. Another amendment is to require better marked bins so people know what goes in each bin. Another change is to improve the procedure for haulers to communicate with their customers when recycling is thrown away because it is contaminated. The last change is asking the haulers to provide staff with more data in their biannual reports to get more information on recycling rates. Ms. Perl noted this applies to commercial, lodges and multi-family; single family and duplexes are exempt. This only applies to new development or projects triggering the definition of demolition in the code, unless a lodge or commercial development is adding a restaurant, which produces a lot more waste. There are currently no requirements for space for trash and recycling in multi-family units and the recommendation in this ordinance is that the space be based on the number of units. Ms. Perl told Council the environmental health department hears from at least one resident in a multi-family complex weekly all year. Ms. Perl noted there are provisions for special review, allowing people to share a dumpster. Ms. Perl said she has met with property management companies and some HOA board and showed them the potential amendments. The comments were they loved the template to help them design a trash/recycling area. Ms. Garrow said commercial and lodge properties are also supportive of this ordinance; the size requirements are based on what is actually working on properties. Councilman Johnson said for second reading he would like to hear more of the resistance, more about minimum requirement, about public outreach, and about costs to provide this. Councilman Torre stated he supports this and for second reading he would like some discussion about compactor, how they will fit in core. Councilman Torre moved to read Ordinance #13, Series of 2013; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE No. 13 (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE AND WASTE REDUCTION CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 12.06.010, 020, 030, 050, 060, AND 080 – WASTE REDUCTION AND RECYCLING; 12.010 – SPACE ALLOTMENT FOR TRASH AND REYCLCING STORAGE; 26.100.104 - DEFINITIONS; 26.412.060(B) – COMMERCIAL DESIGN REVIEW, COMMERCIAL DESIGN STANDARDS, UTILITY, DELIVERY, AND TRASH SERVICE PROVISION; 26.430.030, 040(E), 060(C), 080, AND 090(A) - SPECIAL REVIEW; 26.575.060 – UTILITY/TRASH/RECYCLE SERVICE AREAS; AND 25.575.180 – REQUIRED DELIVERY AREA AND VESTIBULES FOR COMMERCIAL BUILDINGS. Regular Meeting Aspen City Council April 8, 2013 8 Councilman Torre moved to adopt Ordinance #13, Series of 2013, on first reading; seconded by Councilman Johnson. Roll call vote; Frisch, yes; Torre, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #15, SERIES OF 2013 – Supplemental Appropriation Councilman Johnson moved to read Ordinance #15, Series of 2013; seconded by Councilman Torre. All in favor, motion carried. Pete Strecker, finance department, told Council this supplement appropriation is for $21 million, $18 million of which is carry forward for capital and operating projects. There are 3 new requests totaling $50,000 and $2.8 million in departmental and central savings. Strecker said the 3 new requests are general fund monies for community development department to help with a business assistance website, transportation funds for additional FASTER funds and city matching money, and the golf course requests money for retail purchasing for special orders. Councilman Frisch asked about the renewable energy fund and water operations. Randy Ready, assistant city manager, noted there is a request to carry forward $39,400 for support services for the CCEC from which the consultants’ time is paid. The only project that will come from that is the required update to FERC in August. Ready told Council at the end of 2012, there was $1.9 million left in the renewable energy fund for CCEC related expenses and the carry forward being proposed is $39,000. There was $1 million for construction of the building and staff suggests this return to fund balance; $928,000 set aside for penstock and outfall drain line completion and the only portion of that project that will be complete in 2013 is the drain line from power plant road to Castle Creek; the project has not gone to bid and after that, staff will evaluate those bids and return to Council. ORDINANCE NO.15 (Series of 2013) AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF $2,665,410, AN INCREASE IN THE GENERAL FUND OF $2,776,570 AN INCREASE IN THE PARKS AND OPEN SPACE FUND OF $1,202,160, AN INCREASE IN THE WHEELER OPERA HOUSE FUND OF $393,060, AN INCREASE IN THE CITY TOURISM PROMOTION FUND OF $66,870, AN INCREASE IN THE TRANSPORTATION FUND OF $633,460, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $5,366,550, AN INCREASE IN THE KIDS FIRST FUND OF $241,390, AN INCREASE IN THE STORMWATER FUND OF $799,960, AN INCREASE IN THE WATER FUND OF $1,689,110, AN INCREASE IN THE ELECTRIC FUND OF $1,476,380, AN INCREASE IN THE RENEWABLE ENERGY FUND OF $39,300, AN INCREASE IN THE PARKING FUND OF $1,219,760, AN INCREASE IN THE GOLF COURSE FUND OF $41,800,AN INCREASE IN THE TRUSCOTT FUND OF $597,110, A INCREASE IN THE MAROLT FUND OF $226,920, AN INCREASE IN THE EMPLOYEE HOUSING FUND OF $141,590, AN INCREASE IN THE INFORMATION TECHNOLOGY FUND OF $1,489,950, A INCREASE IN THE HOUSING ADMINISTRATION FUND OF $31,140 Regular Meeting Aspen City Council April 8, 2013 9 Councilman Johnson moved to adopt Ordinance #15, Series of 2013, on first reading; seconded by Councilman Johnson. Roll call vote; Johnson, yes; Torre, yes; Skadron, yes; Frisch, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #12, SERIES OF 2013 – City Wide 20 MPH Speed Limit Councilman Torre moved to read Ordinance #12, Series of 2013; seconded by Councilman Johnson. All in favor, motion carried. Mayor Ireland asked if some streets are designated more than 20 MPH. Tricia Aragon, city engineer, said Maroon and Castle Creeks, Cemetery Lane, and Main street will remain 25 MPH. Mill, Ute, Neal, Park and Durant are recommended to be 25 MPH because the 85 percentile speed is above 25 MPH and is closer to 30 MPH. Staff has capital projects proposed for the Neal Avenue as well as Mill Street to lower the speed. Ms. Aragon said the Solomon curve is the speed at which people feel comfortable traveling regardless of the posted speed. Councilman Frisch said people need more than just a speed limit sign to change behavior. Mayor Ireland asked what is being done about the bike trail along Cemetery lane than has many intersections with driveways. Ms. Aragon said staff handles this on a case by case basis and tries to consolidate driveway cuts in redevelopment applications. Ms. Aragon said she will investigate ways to deal with sight lines along Cemetery Lane. Mayor Ireland asked why the speed limit is 20 and not 19 or 14 MPH. Jim True, city attorney, said the state has adopted regulations directing that all speed limits must be 5 MPH increments. ORDINANCE NO. 12 Series of 2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ADOPT A CITY WIDE SPEED LIMIT OF 20 MPH Councilman Torre moved to adopt Ordinance #12, Series of 2013, on first reading; seconded by Councilman Johnson. Roll call vote; Frisch, yes; Skadron, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #14, SERIES OF 2013 – Code Amendment – Signs Councilman Torre moved to read Ordinance #14, Series of 2013; seconded by Councilman Johnson. All in favor, motion carried. Jim Pomeroy, community development department, said the amendment is to make the sign code easier for the public to digest and for staff to administer. The way space is allotted for signs have changed to a simpler system of basing the size of the sign on the size of a business. Councilman Regular Meeting Aspen City Council April 8, 2013 10 Torre said his objective is to see more creativity with signs around town, not necessarily how much square footage a sign is but what you do with it. Councilman Skadron said important to him is preserving the historic character in the downtown. ORDINANCE No. 14 (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE CHAPTER 26.510 – SIGNS AND SECTION 26.575.030 PUBLIC AMENITY. Councilman Johnson moved to adopt Ordinance #14, Series of 2013, on first reading; seconded by Councilman Torre. Roll call vote; Johnson, yes; Skadron, yes; Frisch, yes; Torre, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #40, SERIES OF 2013 – Height Variance 419 E. Hyman Amy Guthrie, community development department, told Council this building has commercial uses on the ground floor and residential above. HPC granted an approval 15 years ago to provide access to the roof top of the building, construction of a staircase and elevator and deck amenities. This building is almost 47’ and HPC approved height variances for those features. There is a new owner, who would like to remodel the deck and would like to move things around on the roof, not add any new elements. The building is well over the 28’ height limit and Council is the only board that can grant height variances. Ms. Guthrie noted the criteria are for hardships with a special unique circumstance and no other way to address the property or the owner would be deprived of rights enjoyed by similar properties. Ms. Guthrie noted a table in the packet describing which variances are being requested and the extent of that variance. Staff recommends not granting the variance because of the hardship criteria and that the applicant is not being deprived of reasonable use. HPC approved these design requests because of the lack of visibility from the street but cannot approve the height variances. Mitch Haas, representing the applicant, said the applicant wants to replace an existing skylight, relocate a hot tub, remove some features and install a retractable awning. This building is a designated landmark structure in a historic district. Everything on the roof top deck was legally established in 2000. The height of the building is 46’2” from the Hyman Avenue mall to the top of the parapet wall and the existing elevator shaft is 10’7” above the parapet wall. These proposals are all lower than the parapet wall. Haas showed the existing elements, the usable rooftop deck space, and the requested changes. The existing skylight is old and lets in too much heat in the summer, resulting in too much air conditioner. These cannot be seen except from Wagner Park. Haas reiterated HPC approved the design for this building. Haas noted 26.314.010 states that variances are a means for the city to grant relief when owing to special circumstances or conditions, the regulations will result in an undue and unnecessary hardship. Haas stated the Regular Meeting Aspen City Council April 8, 2013 11 application is to remodel an existing legally established non-conforming structure and are part of a minor remodel. This proposal is consistent with the purpose for variances and is consistent with the code provisions for non-conforming structures. Haas said the proposed improvements cannot remain within the allowed heights since the building is already over the height limit. This is not expansion or enlargements of the buildings height. Haas said these unique physical characteristics are not the fault of any action taken by the applicant. This variance will not confer any special privileges on the applicant denied to other property owners but will allow for a reasonable remodel and will not have impacts on the surrounding public ways. This will not affect the historic character of the building. This will allow an expectation that all property owners, the right of minor updates and improvements. Mayor Ireland asked the undue hardship. Haas said moving around and remodeling what is already there requires a variance, not being able to do that would create a hardship. Bart Johnson, representing the applicant, said this building was constructed before the height limitation was imposed and the owner should not be excluded from enjoying roof top access like other downtown properties. If these features were allowed, the remodeling of them should also be allowed. Not allowing updates would be an undue hardship. Councilman Frisch said the net visual impact seems to be negligible. Ms. Guthrie said the issue is the criteria for height variances and how these have been applied to other project. Chris Bendon, community development department, pointed out zoning is about having proscribed limits and those limits are set where appropriate for the community. To exceed those limits, one needs to demonstrate how the application of those limits deprives one of some rights other property owners enjoy. Councilman Skadron said this is a reasonable remodel that does not confer special privileges and that the request meets the criteria in Section 26.314.040 and he supports the resolution. Councilman Johnson agreed this application fits the criteria and making adjustments seems reasonable. Councilman Johnson moved to approve Resolution #40, Series of 2013; seconded by Councilman Frisch. All in favor with the exception of Mayor Ireland; motion carried. ORDINANCE #6, SERIES OF 2013 – Aspen Valley Hospital Phase III & IV Final PUD Chris Bendon, community development department, noted the hospital is a separate governmental body. Bendon said staff will present findings regarding land use issues but will not have a position on financial issues or the way the hospital is managed. Councilman Johnson said Council is reviewing this as a land use application and does not evaluate the financial issues. Bendon agreed the financial issues are not germane to the land use review; financial issues do come up during reviews. Jim True, city attorney, noted there are broad purposes within the PUD regulations and one of them states - promotes more efficient use of land, public facilities and public services. True said in broad consideration, members of the public bring those issues up. The code sets forth the review standards for final PUD, which are land use considerations. True stated it is appropriate to have discussions about financial issues but the specific criteria is how Council will decide this application. PUD is a discretionary action by Council; however, they do have to follow the review standards as set forth in the code. Regular Meeting Aspen City Council April 8, 2013 12 Councilman Skadron said to him, it feels as if the mass and scale of the building were snuck through and is there a schematic of this project that was presented to Council in 2010. Councilman Skadron said the size of this facility and the possible economics to sustain the project is unsettling. Given that Aspen has flat population growth and a facility proposed to grow, is there assurance that the community will not be asked to fund the hospital through a mil levy in the future. Councilman Skadron noted when the hydropower plant was proposed, the community demanded many third party reviews and should that same level of scrutiny be used for this project. Councilman Skadron asked if there is a fallback position if the revenues or finances are not as projected, what are the alternate uses. Bendon stated some of the above are land use issues; the hospital board cannot bind a future board about ask for a mil levy increase. Councilman Skadron noted the criteria states that the public will not incur undue financial burdens so it seems to be in Council’s purview to ask questions about future financial burdens. Bendon noted the constituents of the city and the constituents of the hospital overlap and that does not give authority to the Council to limit the hospital board from issuing mil levy increases in the future. It is an important question but it is not in the domain of land use; the questions are important to the community. John Sarpa, hospital board, said the hospital board is an elected board. The hospital size is not driven by financial projections but by needs of the staff to provide the community with good health care. Dave Ressler, hospital, told Council the premise of this is to provide quality health care to the same number of patients taken care of today. Ressler stated future expectations are not part of these plans; the hospital is about half the size it should be for the services it provides. Councilman Frisch said the community would like to hear why the emergency room was saved for this phase. Ressler said the applicants will discuss what can be done to soften the view of the hospital; this is still a construction zone and barren. Councilman Skadron said he feels a disconnect between what was approved for the hospital and what is built there and what confidence is there that phases III and IV will be as promised. Sarpa said phases III and IV are to the south and west and behind what is currently built; phases III and IV are a smaller undertaking. Councilman Torre said he voted against the proposed scale and mass and the phasing when presented in 2010. Councilman Torre asked if phase III and IV could be separated. Councilman Torre asked what potential changes to architect exist at this time, like the style of architecture at the circular entrance. Councilman Torre asked the applicant to address any potential efficiencies or ways the project could be made smaller. Mayor Ireland said he is concerned with the assertion that size and financing are not of interest to the Council and if this project does not work financially there will be consequences for the community in increased charges or a request of Council to make concession to make the project fit financially. Mayor Ireland said he would like assurance that what Council sees is what the community is going to get. Mayor Ireland said he would like an independent evaluation on whether this proposed project is going to impose a burden on the taxpayer by increased rates, increased mill levy, or limiting service to those who can pay. Jennifer Phelan, community development department, noted this is the third public hearing on this and staff would like to hear what items have been addressed to Council’s satisfaction and what requests for additional information are. Ms. Phelan reminded Council staff was asked to review the new proposed outdoor lighting. The chief building official and building inspector Regular Meeting Aspen City Council April 8, 2013 13 looked at the original lighting plan and the recommendations based on the city’s energy efficiency plan and the green construction code. The approved lighting plan met those codes. One proposed change is to create warmer light, which is not addressed in the adopted codes; also the light bars will be reduced, individual sheathing and replacing poles and bollards are proposed, all of which are above and beyond what the city’s code requires. Ms. Phelan noted the warmer lights are on order. Councilman Torre asked this retrofit to a warmer light may not make that much difference to the neighbors. Ms. Phelan said some poles will be replaced with lower bollards; there will be screens on individual lights. Ms. Phelan said this will go beyond the city’s requirements. There will be an area with updated lights so the comparisons can be made in real time. Ressler reminded Council this project was designed from the inside out; the architect team met with all departments to determine the amount of square feet required. All departments are put in a scheme, what department needs to be next to what, patient and equipment flow, all of which results in the footprint for the scale and size of the hospital, making it difficult to reduce here and there. Ressler said in a typical hospital the inpatient and outpatient services are proportionate and the medical office is free standing. Aspen Valley Hospital has to address the part-time owners and visitors; the demand on services is mostly outpatient demand and the need for emergency and trauma services. The medical office space is integrated into the hospital to reduce the scale and mass. Ressler said the emergency room is not less important than what was done in phase II; it is a matter of logistics and the necessity to build on one side of the building first. Ressler reiterated the hospital is not leveraging the future to accomplish this project and they will not proceed with building until the funding is in place. Ressler agreed there is an uncertain future for health care and the hospital has joined efforts to increase the efficiency, to have flexible staff to limit need for increased staff in the high season and staff that can work in several departments, have decreased costs, addressed purchasing supplies. Ressler told Council the hospital has started the Valley Health Alliance with other large employees to try and drive down the quantity of services and to maintain a healthy community. Ressler said the hospital has working relationships with other service providers so services can be shared by others who are better at those services. Ressler told Council the hospital has increased the landscaping budget so there will be more and larger landscaping. Ressler reiterated phases III and IV occur on the back side of the building affecting neighbors with whom they have been working to see what mitigation will work for them. Russ Sedmak, representing the hospital, showed the south and west side where phases III and IV will be built, where staff parking is located, which will be relocated to the constructed parking garage. The loading dock had to be relocated before phase III and IV could be constructed. The first floor addition will be below the existing berm and the Meadowood neighborhood. Sedmak showed a view of the existing building and a rendering of the phase III and IV addition. Sedmak said the lobby is 1-1/2 story space, not full two stories. The emergency entrance is a one-story entrance. Sedmak said the applicants felt the 1-1/2 story entrance is appropriate for the entrance to the hospital and will screen the mechanical equipment on the roof behind the space. The 1- 1/2 story lobby will also let in natural light to the outpatient services behind it. Sedmak said there will be very little light bleeding to the outdoors. Councilman Torre asked if this could be accomplished in only one story and not run a story all the way across the hospital. Councilman Regular Meeting Aspen City Council April 8, 2013 14 Torre said he is trying to get away from soaring statements on buildings that could be done in a different way. Councilman Torre said the community is looking for more modest statements. Sedmak showed an example of screening for mechanical equipment; the applicant has chosen not to use them because it adds bulk to the equipment from the outside. These can be added if Council feels it is an appropriate mitigation measure. Councilman Torre asked about green roofing or vegetation to screen these mechanics. Sedmak said the primary reason for not green roofing is the load factor; the existing structure was not built to accommodate weight loads. There is also maintenance and leaking issue. Planting vertical trees would need to be in very deep pots. Sarpa told Council the hospital has met with the neighbors a number of times and one suggestion was to plant more trees in the swale. The neighbors and the applicant want to request the city allow that since it is the city’s water easement. The hospital will pay for it and will take the liability as planting trees in the swale will have a large screening impact. Jason Janes, DHM landscape architect, reminded Council at the last meeting he went over the amenities and mitigation internal to the site, improvements around Whitcomb Terrace. The applicants heard Council wants to know more about the perimeter and what can be done to improve the screening. Janes showed image to the south end of the property, the landscaping plan. Most phase III and IV improvements happen in already developed areas; there will be little disturbance and a smaller footprint than phase II. Janes pointed out the existing berm along Meadowood Drive and the proposed type of vegetation for this area. Janes said the berm is about 30’ high and is about even with the back of the hospital and grows in height moving from north to south. Janes said the remaining improvements are plantings around the parking, the drop off and small outdoor spaces around the hospital. North of the parking area will be planted with aspen trees, deciduous shade trees adjacent to the curving lobby; adjacent to the café will be small trees. There is a hill on the west property boundary covered in mature gambol oak and serviceberry which provides a great deal of screening from Meadowood Drive. The applicants have taken care to preserve the cottonwood trees on the east property line. Janes showed a slide of the water line easement along the edge of Castle Creek and within a water line easement one is prohibited from planting large trees and shrubs because of access to the water line and for safety to the water department employees. Janes said this is an important view from across the highway and from Castle Creek road and the applicant met with city staff to talk about what could be done to improve the screening. Staff’s concerns are to be able to get to the water line to do repair and maintenance work safely, the future potential cost of tree replacement if they are taken out for repair and the public perception of removing trees in case of water line maintenance. Janes said there is not much the applicant can do about the public perception of cutting down trees. Janes told Council there is support from the parks department to work with them to limit the required mitigation if there is planting and the applicant is willing to bear the burden of those costs. The job of the water department is to protect their assets as well as maintain their service and the applicants are looking at a compromise like appropriate plant materials, not unduly burden the corridor should maintenance need to be done. The applicant walked the corridor with the parks department and came up with a list of plant materials appropriate for that section. Janes pointed out since this is a construction zone, there is a substantial amount of phase II landscaping that has not been installed. Regular Meeting Aspen City Council April 8, 2013 15 Janes showed slides of current conditions, recent plantings, planting in the water line. Janes said the applicants have increased both the plant size and the number of plants. Janes noted on the north end of the parking garage are 8’ tall ponderosa pines, which will be replaced with 18’ and twice as many. Janes showed a shot from Highway 82 at the golf course pond looking towards the hospital, showing the exposed north end of the parking structure, the PCU second floor and the affordable housing. Councilman Torre said the hospital looks small even though this is a photograph. Council agreed this is not the view they see driving by. Council agreed to go out and view the hospital from spots along highway 82 and Castle Creek. Councilman Skadron said he would like to gain a greater degree of confidence that the representations made at Council meetings come to fruition. Janes said the intent with this image was to show content, the large cottonwood trees but it doesn’t do that. Terry Collins, CFO, reminded Council this project is funded by a GO bond, cash reserves, and philanthropy. Collins said the hospital is not mortgaging the future through any of those financing methods and there will be no impact on the rate structure of the hospital by those means. The GO bond issuance is $50 million, cash reserves are $30 million and $60 million will be raised through philanthropy totaling $140 million. Mayor Ireland asked how the operation of a larger facility will be paid for; more patients or more revenue/patients to pay for increased operational costs. Collins said the largest operational cost in the hospital is personnel. The assumption made in developing the master facility plan was not to increase the services provided, there should not be additional staff except an engineer and housekeeping personnel. Collins said growth of the hospital would require more people but additional revenues from that growth should cover those expenses. Mayor Ireland said 82,000 square feet is being added, it will need more than 2 additional employees. Collins said the old building is inefficient and requires more effort to maintain and to clean; the number of patient beds will not increase; the heating and cooling due to technological efficiencies will not increase. Dave Ressler, Aspen Valley Hospital, said the increase personnel will not be material and will not increase the cost of services. Mayor Ireland said costs go up and the labor cost at the hospital is exceeding the growth in revenue and in income. Sarpa told Council the Board has worked extremely hard at determining and refining the costs. Sarpa stated the hospital is not going to build a building that is not paid for in advance or that has any reason to increase patient costs. Sarpa noted the hospital with the city and 3 other major employers has created the Valley Health Alliance, to figure out how to change the health care model as a way to reduce health care costs. Mayor Ireland stated the applicant is contending they are expanding the hospital to give better service and are there not costs associated with that premise. Collins stated the hospital’s assessment is that whatever the staffing requirements related to the expansion, those increases will not be material enough to require a change in the rate structure. Collins said they have done a good job of controlling rates at the hospital. The hospital’s rate increases over the past 4 years, according to an outside third party, have been ½ to 1/3 to that of the rest of the country. Collins said the hospital feels health care costs are too high and not sustainable and the hospital is not waiting for the federal level but is being aggressive with the largest employees in the community to reduce costs. Collins told Council Moody’s upgraded the hospital’s bond rating because they had a stable and effective governing board; the management of the hospital is doing a good job; the financial performance was strong even through the recession. Collins said over the past 8 years, there has Regular Meeting Aspen City Council April 8, 2013 16 not been a year in which hospital revenues declined. Lee Schumacher, board member, said his goal when he was elected to the board was patient care, which includes the right size for the hospital, the right facilities for patient care. Schumacher reiterated the hospital is not subsidizing the medical office space; federal law requires the hospital not to subsidize doctors. Mindy Nagle, board member, said the hospital should not be compared to commercial development, like a hotel; it is a community asset. Ms. Nagle told Council the entire board has been into this project for 5 years; they have employed outside resources. The Board has scrutinized the project from the beginning. Ms. Nagle said this facility is about patient care and where health care is going – patient safety, patient quality and patient satisfaction and clinical outcomes. How medicine is delivered depends on where medicine is delivered and where the care providers are. Mayor Ireland opened the public hearing. Ann Smock stated the most critical piece of phases III and IV is the expansion of the emergency services. The community needs and deserve a first class emergency service update. Ms. Smock questioned not renovating the emergency room earlier in the project and sequence the services in a different order. Ms. Smock said future patient revenue is a concern and the beds would have to be occupied 365 days/year to meet finance needs. The emergency room is badly needed and the city has to be careful about the costs. Greg Balko, AVH doctor, said this project is about taking care of this valley in the best way possible. Balko said in order to that that, the facilities need to match the care provided inside the hospital. Donnie Lee, ACRA Board, told Council ACRA supports the AVH and completion of this project. The landscaping should solve some of the problem. This project will serve the community for the next 30 years. Debbie Braun stated the physical plant is falling down and the community deserves a world class hospital. Ms. Braun said the building is formidable but so is disease. Junee Kirk said she is concerned there is not the critical population to support an 83,000 square foot addition. Ms. Kirk said the most important part of this is an expansion of the emergency room and Council should approve that. Ms. Kirk stated the hospital has run into the red several times in the past 35 years and may have to come back and ask the community for additional funding in the future. Council needs to look at what the community will be getting back. Chris Beck, president medical staff, told Council he works in all departments of the hospital. Beck said Council has to make an evidence based decision and establish a risk benefit ratio. Beck noted patient volume is different than patient population; patient volume reflects how many services a patient needs and these increase as the population ages. Beck said the main drivers of patient cost are not the building but physician and nurses salaries, which are driven by fair market rates throughout the county. Beck said how much it costs to get health care are larger than this community. One of the risk benefit ratios is landscaping versus patient’s lives. John Keleher addressed the integrity of this process. Keleher stated his house is the closest to the hospital and during the design and construction, staff met with the Kelehers, addressed view planes, design and the construction schedule. Keleher said he has walked the site with staff, addressed landscaping and noise mitigation. There have been monthly meetings and opportunities to correct things. Regular Meeting Aspen City Council April 8, 2013 17 Liz Means agreed the hospital upgrade is needed; however, she has a problem with the mass and scale. Ms. Means said it was difficult in the last phase to study the drawings and to understand the mass and scale. Ms. Means said cross country skiing in the area and looking at the hospital and the continued construction is frightening and the impact is large on cross country trails. Ms. Means said she is concerned about the lighting for phase III and IV; the landscaping on the west side, the size and scale and the general impact on the neighbors. Dorothy Thau commended Council for the diligent evaluation and examination of the finances. Ms. Thau thanked the applicants for taking the suggestions that have come up at the neighborhood meetings. Ms. Thau said lighting and landscaping affect more than just the neighbors. Mike McDill, water department, told Council the more obstacles there are in the water main easement, the more dangerous it is for staff to work. Staff does not get to choose the location or the times easements have to be serviced. Water lines are typically buried 7’ deep. McDill said he would prefer the safety of staff not be compromised. Council said they would like staff to address the problems of landscaping in this easement and whether there is a way to ameliorate the problems. Joe High, patient representative, told Council he tries to talk to every patient in the hospital every day. High said people have not complained that the rooms are too big, that being able to park in the parking garage is no good; people in same day surgery have privacy. Phyllis Bronson said this is a community hospital and the general consensus in the community is that this project is happening without enough process. Ms. Bronson questioned why this hospital has to be so big. The presentation on needs assessment has been put off to another meeting; Council needs to hear from the utility department about the impact of landscaping. Council agreed they want a site visit on the periphery to look at the views from highway 82 and trails. Councilman Johnson moved to continue Ordinance #6, Series of 2013, to April 22; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #9, SERIES OF 2013 – Code Amendment Campaign Contributions Mayor Ireland moved to continue Ordinance #9, Series of 2013, to April 22nd; seconded by Councilman Torre. All in favor, motion carried. Councilman Johnson moved to adjourn at 12:10 AM; seconded by Councilman Torre. All in favor, motion carried. Kathryn Koch City Clerk Regular Meeting Aspen City Council April 8, 2013 18