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HomeMy WebLinkAboutagenda.council.regular.202001141 AGENDA CITY COUNCIL REGULAR MEETING January 14, 2020 5:00 PM, City Council Chambers 130 S Galena Street, Aspen I.CALL TO ORDER II.ROLL CALL III.SCHEDULED PUBLIC APPEARANCES III.A.APWA Award for Best Project in the Parks and Trails, Small Community Category - Hallam Street and Castle Creek Bridge Improvements IV.CITIZENS COMMENTS & PETITIONS (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) V.SPECIAL ORDERS OF THE DAY a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports SPECIAL PRESENTATIONS Census Update VI.CONSENT CALENDAR (These matters may be adopted together by a single motion) VI.A.Resolution #02, Series of 2020 - Appointment of Henning as City Clerk VI.B.Resolution #04, Series of 2019 - Designating the Public Place for Posting Notices of Public Meetings VI.C.Draft Minutes of December 17th & 18th VI.D.Resolution #05, Series of 2020 - Contract Amendment for Aspen Mini Storage VII.NOTICE OF CALL-UP 1 2 VII.A.Call-Up Notice; 333 E. Durant Avenue - Mountain Chalet Lodge Elevator Extension VIII.FIRST READING OF ORDINANCES IX.PUBLIC HEARINGS X.ACTION ITEMS X.A.Resolution 3 Series of 2020 City of Aspen 2020 Regional, State and Federal Policy Agenda EXECUTIVE SESSION C.R.S.4-6-402.(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; except that no executive session shall be held for the purpose of concealing the fact that a member of the local public body has a personal interest in such purchase, acquisition, lease, transfer or sale; (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. Mere presence or participation of an attorney at an executive session of the local public body is not sufficient to satisfy the requirements of this subsection (4). (e)Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; XI.ADJOURNMENT 2 MEMORANDUM TO:Mayor and City Council FROM:Sara Ott, City Manager MEMO DATE:January 6, 2020 MEETING DATE:January 14, 2020 RE:Resolution #02, Series of 2020 Appointing Nicole Henning as City Clerk REQUEST OF COUNCIL:It is requested City Council approve the appointment of Nicole Henning as City Clerk, in accordance with section 6.6 of the home rule charter of the City of Aspen. SUMMARY: The position of City Clerk is mandated within the home rule charter of the City of Aspen, as amended, and reads as follows: Section 6.6. City clerk. The manager with the approval of council shall appoint a city clerk, who shall be custodian of the city seal and who shall keep a journal of council proceedings and record in full all ordinances, motions and resolutions. He shall have power to administer oaths and take acknowledgments under seal of the City, and shall perform such other duties as required by this Charter, the council, or the manager. BACKGROUND: The City’s former City Clerk resigned in late November, 2019. Since that time, the position has been publicly advertised and applications accepted. Review of the applications and an interview with Ms. Henning indicate she is the most qualified applicant for the position. DISCUSSION: Ms. Henning was selected for promotion to City Clerk based upon her understanding of the City’s many duties with licensing, record keeping, elections and other core functions for operations of the city. Further, she has served as Deputy City Clerk and Acting City Clerk. She has demonstrated the ability to manage the many responsibilities of the City Clerk. Ms. Henning’s resume is attached. FINANCIAL/BUDGET IMPACTS: Funding for this position is included in the 2020 operating budget. STAFF RECOMMENDATION: It is recommended Nicole Henning is approved to the position of City Clerk for the City of Aspen. 3 RESOLUTION NO. 02 (Series of 2020) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AFFIRMING THE CITY MANAGER’S APPOINTMENT OF NICOLE HENNING AS CITY CLERK WHEREAS, Section 6.6 of the Home Rule Charter for the City of Aspen provides that the City shall have a City Clerk who shall be appointed by the City Manager with the approval of City Council and who shall serve at the pleasure of the City Manager; and, WHEREAS, the City Council wishes to endorse and approve the appointment of Nicole Henning to the position of City Clerk, to be effective with the approval of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: The City Council hereby approves the appointment of Nicole Henning as City Clerk, with congratulations, effective with the passage of this resolution. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 14th day of January 2020. __________________________ Torre, Mayor I, Tracy Terry, acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. _______________________________ Tracy Terry, Acting Deputy City Clerk 4 NICOLE HENNING EXPERIENCED ADMINISTRATIVE PROFESSIONAL A multifaceted and dedicated professional exceptional at establishing and building value added relations with clients, customers and management staff. Goal-oriented team player while creative in resolving issues and discrepancies. High attention to detail, accuracy and completeness. Determined and resourceful with exceptional follow-through to meet objectives. HONORS Representative for Hamilton Hudson at American & British Chamber of Commerce Events as well as Expat Business Association Events in Prague, Czech Republic. Blue Square Award Winner in the City Clerks Office for Excellence in the 2017 City of Aspen Election Blue Square Award Winner in the City Clerks Office for Excellence in the 2019 City of Aspen Election PROFESSIONAL EXPERIENCE 12/2016 – present City of Aspen – Aspen, CO Deputy City Clerk Weekly agenda preparation, management and distribution for CCLC, HPC and Work Sessions Attendance and recording of minutes for CCLC and HPC Daily interaction with the public regarding liquor and marijuana licensing, special event liquor permits, outdoor dining permits, liquor license renewals, art gallery permits and CORA requests Recording resolutions and storing them in Laserfiche Working closely with the City Clerk and Records Manager every other year to run the City of Aspen Election, which includes: programming and testing equipment, coordinating with vendors, training judges, vote center operations and ballot processing operations Management of the Boards and Commissions for the City of Aspen and the recruitment of new members and coordinating with the City Manager on Work Sessions to interview candidates Webmaster for the City Clerks office Acts as Department Head in the City Clerk’s absence Notary Public for staff and clients Providing backup for the Municipal Court Clerk and Information Desk IT Administration for the City of Aspen Election and for meetings in Council Chambers Research requests for City Council and other Action Boards 12/2013 – 12/2016 City of Aspen- Aspen, CO Administrative Assistant II Assistant to the Chief Building Official and a staff consisting of ten people Managed the Building Department calendar and scheduled appointm ents and meetings for the team Entered and issued various types of permits, such as, building permits, change orders and sub permits to contractors, architects and owners on a daily basis Daily interaction with the general public regarding questions, concerns and assistance with archives and building files as well as making copies of plan sets Created and developed a Community Development newsletter which went out weekly to our list of contractors and architects Managed the Goals and Outcomes initiative for the Community Development department to ensure that all goals for the year were met in order to receive a year-end bonus Completed monthly reports on Use Tax and Sanitation Fees for the Finance Department Took in complaints from the public and filtered them to the appropriate department Processed and issued Certificates of Occupancy and Letters of Completion for properties in the City of Aspen which had a completed permit 5 09/2008-11/2013 Creative Marketing- Overland Park, KS Senior Licensing Specialist   Daily interaction with insurance agents regarding annuity products, licensing and written business through phone, email and sometimes in person Solved a variety of agent contract issues daily while gathering information, forms and appropriate tools to correct the specific issue or problem Kept a continuous record of Creative Marketing’s state licenses and renewed them with the Central Licensing Bureau when necessary Managed the process of agents transferring to Creative Marketing and releasing them when the agents left our organization for another Managed the process of obtaining letters of financial responsibility, tracking them and getting them to the correct consultant and insurance carrier Processed agent contracting paperwork on a daily basis for various insurance carriers such as ING, Lincoln Financial, American Equity and AVIVA while paying great attention to detail and making sure all background and credit information on the agents were accurate with any supporting documentation necessary included before submitting to the carrier     EDUCATION   Bachelor of Arts, English Washburn University, Topeka, Kansas (2003) Colorado Municipal Clerks Institute, Regis University, Denver, Colorado (2017, 2018, 2019)   TECHNICAL QUALIFICATIONS       Proficient in Microsoft Office Suite, AS400, Wintel, LifeCad, Mac operating systems, RecruitMax, Sure LC, Eden, My Emma, Word Press, Social Media, My Emma, Laserfiche, Dominion Election Server and Equipment, Peak Agenda Management Software 6 MEMORANDUM TO:Mayor and City Council FROM:Nicole Henning, Acting City Clerk James R. True, City Attorney MEMO DATE:January 9, 2020 MEETING DATE:January 14, 2020 RE:Resolution #04, Series of 2020, Posting Notices of Public Meetings REQUEST OF COUNCIL:It is requested that City Council approve Resolution No. 4, Series of 2020, adopting the method for posting notices of public meetings. BACKGROUND: Pursuant to state statute, C.R.S., Section 24-6-401, et seq., the Colorado Open Meetings Law, prior to July 1, 2019, governmental entities were required to annually designate a physical location at which notices of public meetings would be posted. In 2019, the State Legislature amended this statute to allow governmental entities to post notices of meetings on a public website. The purpose of the amendment to Section 24-6-402(2)(c)(III) was specifically to relieve a local government of the requirement to physically post meeting notices. In recent years, even prior to the amendment of the statute, the City has posted notices of meetings at the designated physical location and on its website, when possible. DISCUSSION: The intention of Resolution No. 4 is to formalize the authority to post notice of meetings on the City’s website. In addition, the statute requires that in the event of exigent or emergency circumstances, such as a power outage or an interruption in internet service that prevents the public from accessing the notice online, notice must be posted at a physical location. The resolution designates that physical location as the location that has been traditionally used for such purpose. FINANCIAL/BUDGET IMPACTS: None. STAFF RECOMMENDATION: It is recommended that Resolution No. 4, Series of 2020 be adopted. 7 RESOLUTION NO.4 (SERIES OF 20 20) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES OF PUBLIC MEETINGS. WHEREAS,The City Council of the City of Aspen, Colorado,deems it in the public interest to provide full and timely notices of all its meetings;and WHEREAS,the Colorado state legislature amended the Colorado Open Meetings Laws,C.R.S., Section 24-6-401,et seq.,to relieve a local government of the requirement to physically post meeting notices; and WHEREAS,pursuant to such amendment set forth in C.R.S., Section 24 -6- 402(2)(c)(III), as of July 1, 2019,a local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available, no less than twenty -four hours prior to the holding of the meeting on a public website of the local public body ; and WHEREAS, the City of Aspen maintains a website and currently posts within such website, consistent with Section 24 -6-402(2)(c)(III), notices of all meetings of the “local public body,” which is defined by C.R.S. Section 24-6-402(1)(a)(I),to include "any board,committee,commission,authority,or other advisory,policy-making,rule- making,or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision,or an official thereof,has delegated a governmental decision-making function but does not include persons on the administrative staff of local public body;”and WHEREAS, pursuant to C.R.S. Section 24-6-402(2)(c)(III ) the local public body shall designate a public place within the boundaries of the local public body at which it may post a notice no less than twenty-four hours prior to a meeting if it is unable to post a notice online in exigent or emergency circumstances such as a power outage or an interruption in internet service that prevents the public from accessing the notice online; and WHEREAS, C.R.S., Section 24-6-402(2)(c)(I ) requires "all public bodies"subject to the requirements of the law to annually designate the place for physically posting notices of public hearings, if physical posting is required. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: 8 Section 1. Full and timely notice of a public meeting held by the City Council of the City of Aspen and each meeting of any other board,committee,commission,authority,or other advisory,policy-making,rule-making,or formally constituted body of the City of Aspen, shall be deemed to have been given by posting the notice, with specific agenda information if available, no less than twenty -four hours prior to the holding of the meeting on a public website of the City of Aspen. The notice shall be accessible at no charge to the public. In the event of exigent or emergency circumstances,as defined in C.R.S. Section 24-6-402(2)(c)(III ),notice of a public meeting shall be posted by the City Clerk at least twenty-four hours prior to the holding of the meeting in the front vestibule of City Hall,130 South Galena Street,Aspen,Colorado. Section 2. The City Clerk shall notify each board,committee,commission,authority or other advisory,policy-making,rule-making,or formally constituted body of the City of Aspen of the contents of this resolution and the other general requirements of the Colorado Open Meeting Law,C.R.S., Section 24-6-401 et seq. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 14 th day of January 2020. ___________________________ _______________________________Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, at a meeting held January 14,2020. ____________________________ Nicole Henning 9 1 REGULAR MEETING CITY COUNCIL DECEMBER 17TH, 2019 Mayor Torre opened the meeting at 5:00 p.m. Commissioners in attendance: Mayor Torre, Councilwoman Richards, Councilman Mesirow, Councilman Hauenstein. Absent was Councilwoman Mullins. Staff present: Nicole Henning, Deputy City Clerk James R True, City Attorney Sara Ott, City Manager SCHEDULED PUBLIC APPEARANCE: Swearing in of new City of Aspen police officers, Alyse Vollmer and Amanda Severin. PUBLIC COMMENT: Scott McDonald – Mr. McDonald read aloud a letter regarding 1000 E. Cooper and the Cleveland Street boundary encroachment anomaly. He he has already met with Torre about this issue and said that the GIS issue was reported to the engineering department three years ago and nothing has been done. He has also reported the issue to Jim True. Philip Wolf, Creator of Cultivating Spirits – Mr. Wolf said he spoke to council a few months back about the Cannabis Hospitality bill, which will take effect on January 21st, 2020. With this bill, there are three types of hospitality establishments that the state will allow: a mobile lounge, cannabis hospitality establishment, the third allows for the sale of cannabis onsite. This is an opportunity to fill in some gaps here in Aspen. It has been very successful in west Hollywood. Having this, gives another option for late night activity besides just drinking and helps with mental health to have this as another option. Toni Kronberg – Ms. Kronberg gave handouts to council. She said she was remiss when speaking about Galena plaza the previous night when she forgot to thank Bill Sterling and Harry Teague for their help in getting this project reconsidered. She asked council to pull the item on Maroon Creek for discussion to explain to the public what it involves. Ms. Kronberg thanked Linda Manning for her professionalism on her last day with the city. She continued to speak about Galena plaza and what she would like to see. Mayor Torre closed public comment. COUNCIL COMMENTS: Councilman Hauenstein wished everyone happy holidays and Councilman Mesirow seconded. Councilwoman Richards wished everyone happy holidays and said all she wants for Christmas is her democracy back. Tonight, is the eve of an impeachment vote in congress. This is a major breach of power. This is a solemn occasion in the country’s history. Mayor Torre said there is a march going on in the streets as we speak. He recognized Linda Manning and her work for the city and thanked her for all she’s done. All of the council member thanked her. He said there is a better meeting than this at the Aspen Historical Society for their annual cookie exchange. He said this is the last meeting of the year and six months for the new council in office and six months of learning how to be more effective. There are many challenges, but he vows his commitment to the community, environment, quality of life and prosperity for 2020. 10 2 REGULAR MEETING CITY COUNCIL DECEMBER 17TH, 2019 AGENDA AMENDMENTS: None. CITY MANAGER COMMENTS: Ms. Ott announced that Ms. Henning has accepted the interim city clerk position. The board welcomed Ms. Henning. BOARD REPORTS: Councilman Hauenstein commented that the Aspen Snowmass Nordic Council is meeting tomorrow, and he will be telling them how excited council is about cross-country day. CONSENT CALENDAR: Mayor Torre asked to call up resolution #118 regarding the roundabout improvements. Councilwoman Richards moved to approve resolutions #142, #148, #149 and the minutes of December 10th, 2019. Councilman Mesirow seconded. All in favor, motion carried. RESOLUTION #118: Jack Dannenberg and Pete Rice of the City Engineering Department Mr. Rice announced that Mr. Dannenberg just obtained his P.E., and everyone congratulated him. Mr. Rice said the original focus was more on Castle and Maroon and improving that to achieve a better flowing roundabout. So now, the focus is on Cemetery Lane and the transition point to the roundabout. The focus is still very data driven. There is a piece that is non infrastructure, but building into a project which CDOT will work on in a couple of years. CDOT also just notified us that they got some funding to help us with this project. Councilwoman Richards said she’s ready to move forward with this. Councilman Hauenstein said he has reservations and needs to be convinced that this is a productive expenditure of $97,000. Mr. Rice said this gives you choices to change things and a voice with CDOT to lead up to the bigger project. Mr. Dannenberg said this is a data driven project that will supply us with a lot of information and models to help make future decisions. This project will be tiered and phased, and the second part of the project will bring together some fixes or solutions, which can be implemented at a faster pace. Some of the non-infrastructure options include: metering, striping, signage and stakeholder involvement. They will look at the existing traffic lights at Cemetery and Truscott and use those as metering options to create gaps. The next step will be the infrastructure solutions and our consultant will provide several alternatives. Mayor Torre said they came back with infrastructure and non-infrastructure options, so they’ve broadened the scope and maybe now we can make some actual improvements. They’ve brought this the right direction. Mr. Rice said these are little things to make incremental changes and they know they won’t solve all of the S curve problems, but metering can make a huge impact. It’s a method that has been very successful in other places. Mr. Rice said we need the data and info to give more answers and this gives CDOT a chance to do that. They wouldn’t put their time or money into this if they didn’t think something could be done and they called him frantically an hour ago with excitement about the funding for the project. Councilman Hauenstein said he’s not jumping with joy to approve this, but he will support it and hopes good things come of it. Councilwoman moved to approve resolution #118, Mr. Hauenstein seconded. All in favor, motion carried. 11 3 REGULAR MEETING CITY COUNCIL DECEMBER 17TH, 2019 RESOLUTION #137, SERIES OF 2019: Grey Lady Temporary Use Kevin Rayes, City of Aspen Planner Mayor Torre recused himself. Mr. Rayes said this request is for a temporary placement of a plastic canvas tent on the trellis structure at the Grey Lady restaurant. This is for extended winter seating and a space for the Saturday winter market. The request is for 105 days to go from December 18th to March 31 st. It is located just off the pedestrian mall and showed the proposed tent structure on the screen. According to the commercial design guidelines, a tent should be of non-reflective material and durable. Staff finds that the criteria is not met. They find that the canvas isn’t durable, and the weathering characteristics aren’t suitable for a mountain climate. Mr. Rayes continued to explain why the criteria isn’t met. He said this is the 6 th annual request from Grey Lady and that staff has always recommended denial. There have been issues with the applicant erecting the tent before approval and after the deadline of removal. He showed a picture of the structure being constructed today before approval. Councilwoman Richards said it’s a hard edge and then it relaxes and seems to go in this pattern. Mr. Rayes said the reason it’s gone back and forth, is because there was an understanding over the years, that this building would be torn down at some point. Councilman Mesirow said there is a benefit to local businesses, and if they were to approve, could they enforce a fee or fine. Mr. Supino said they could charge a daily rate if not taken down by the deadline. Applicant Presentation: Ryan Chadwick Mr. Chadwick said the tent is custom built by a group out of Grand Junction and cost $30,000. It’s not just a tent, it’s more involved than that. He apologized for the delays on constructing and taking down but said the group from Grand Junction have to do that. He said the top of the tent is clear, so it is open to the sky. That area would just be a snow pit if he wasn’t doing the winter market. He said he doesn’t want to keep coming to council every year with this ask, but he thinks it’s probably the last season. He would really appreciate one more season. Councilman Mesirow said the main benefit to the community is the market. He asked if Mr. Chadwick would consider a weekend market and commit to both Saturday and Sunday. Mr. Chadwick said it is hard to get vendors to commit to it as well and it’s a great use of the space. Councilwoman Richards said she will approve this with the condition of the market being a weekend market. PUBLIC COMMENT: Linda Manning - Ms. Manning said she hates that Mr. Chadwick has to come back six years in a row while the Jerome continues to be approved, and the same with the St. Regis and Maroon Creek Club. She doesn’t know why the only local person that has to come back every year is Mr. Chadwick. He still pays rent for the patio and it is public amenity space, but the general can’t bring in food and sit there to eat. The weekend market is great, but the opportunity is great to get 40 extra seats out there in the winter time. 12 4 REGULAR MEETING CITY COUNCIL DECEMBER 17TH, 2019 Patty clapper - Ms. Clapper said she is here supporting mostly the weekend market. It helps to sustain and promote Pitkin County’s sustainable agriculture. It’s been a hugely successful program and it would be nice for them to have a venue to share their products. It’s winter and it’s amazing to allow young people to market their wares. It’s hard in the winter to have all the qualities you’d like to see, as far as the tent goes. It’s manufactured to fit the space and to respect some of the historic nature of the corner. She encouragesall three of you to support this. Yanna Blasi – Ms. Blasi said she is one of the vendors for the winter market and said it’s a very important venue for different artists. We can do two days if needed. There are plenty of people who need a place to sell their merchandise. She would love for this to be approved again for one more year. Toni Kronberg – Ms. Kronberg said this is a really important corner. She asked what would be worse, to have an eyesore or a beautiful market? She asked council to please grant the approval and said it’s a community gathering place. Public comment closed. Councilman Mesirow said he is supportive, and we need more vibrancy. Councilwoman Richards is supportive of the request and she hopes it’s the last year. She said it’s important to apply historic standards equally across the board. Councilwoman Richards motioned to approve Resolution #137, with an amendment to section 2, that this should be a weekend market, Councilman Mesirow seconded. Mr. Hauenstein made the request of using electric heat instead of natural gas and Mr. Chadwick said he can look and see what else he can find. He has two patio heaters out there now. All in favor, motion carried. RESOLUTION #146, SERIES OF 2019: Temporary Use of Commercial Parking 415 E. Dean St. Mike Kramer, City of Aspen Planner Mr. Kramer said that overall, staff is supportive. He said this request is the outcome of a work session with the parking department. At the work session, city council gave direction to eliminate the valet service at the base of the gondola. The parking director identified the Hyatt and the potential use of their subgrade parking structure. There are 30 underutilized spaces there. Overall, staff is supportive of this application. He’s been working with the applicant, and they’ve identified an operating plan and it was not attached to the packet but is showing on screen. The plan clearly shows short term and not long-term parking, related to skier parking. Some overnight parking has also been built into the plan. The applicant is proposing using sandwich board signage for directing motorists to the parking structure. APPLICANT PRESENTATION: Chris Bendonof Bendon Adams and Victor Gianelli, Manager for the Hyatt. Mr. Bendon said that in working with the city, this is not a commercial endeavor, but can fit in with their existing operations. The garage is 111 parking spaces and way under parked in the winter. Councilwoman Richards asked them to add how you are going to handle being full to your operation plan. She said this should have a little more about the promotion element beyond the signage issue as well. She said we could link this to the city website as well. 13 5 REGULAR MEETING CITY COUNCIL DECEMBER 17TH, 2019 Public comment: Mario Zulian, owner of Eco Steam Wash – Mr. Zulian said he has had his business in Aspen for 12 years. He visited the Hyatt garage in the past and in his opinion, it’s the best garage in town. It’s well-kept and clean. He’s in support of this and will tell his clients. We are serving clients currently with a mobile unit. His support is unconditional. Public hearing closed. Councilman Mesirow moved to approve resolution #146, Councilwoman Richards seconded. All in favor, motion carried. ORDINANCE #33, SERIES OF 2019 – 1001 Ute Avenue Kevin Rayes, City of Aspen Planner Torre recused himself and exited council chambers. Mr. Rayes said the task for council is to decide which of these structures should be memorialized or rectified. He said this is located at the base of Aspen Mountain, across the street from the Gant hotel. Prior to 2006, this was an old mining claim. In 2006, the property owner decided he wanted to develop the property. As a result, the approvals by council and planning and zoning are reflected. As part of these approvals, the plan development was created for 7 parcels. The common area, Lot A, was created as open space, Lots 1 and 2 were approved as free market single family dwellings. Lot 3 was approved as an affordable housing unit, which was required for mitigation. Common area Lot B was approved as three tennis courts. Common area LOT C is the driveway connecting all parcels mentioned and common area Lot D, which was gifted to the city as part of the original approval process. A few months ago, the city received a complaint from a neighbor regarding the noise of some a/c units on lot A. Staff found that the a/c units did not receive appropriate permits or approvals. Mr. Rayes said that since staff conducted a site visit, the a/c units have been removed, but the concrete pads still exist. Mr. Rayes continued to explain how the different lots are out of compliance. Mr. True recommended going into executive session to discuss this item under C.R.S.4-6-402(b). He feels it’s important right now to discuss this further at this time with council. Councilwoman Richards motioned to go into executive session, Mr. Hauenstein seconded. All in favor, motion carried at 7:00 p.m. Councilman Hauenstein re- opened the meeting the meeting at 7:49 p.m. Mr. Rayes concluded his presentation with staff’s recommendations. He said that staff will visit the site and confirm the ADA on the tennis courts is acceptable. Staff is asking the applicant to rectify the concrete pads. We would like to memorialize the window well, stairwell encroachment, house elevations, and the front retaining walls. Public Works Director, Scott Miller, said this project is very complex and we’ve learned a lot of lessons in permit review and processing. All departments that touch building permits, for the past 8 years, have worked on improving the process. We have implemented electronic plans review which makes it a lot easier to review changes and overlay different information. We’ve created the permit coordinator positions to alleviate some of these issues that we are dealing with now. Things like grading heights are 14 6 REGULAR MEETING CITY COUNCIL DECEMBER 17TH, 2019 coordinated amongst all departments and will not fall through the cracks. We’ve doubled our ComDev and engineering staff for site inspections. We still have a long way to go but have come a long way. APPLICANT PRESENTATION: Sarah Adams of Bendon Adams with Chris Lecroix of Garfield & Hecht and Leathem Stearn. Ms. Adams thanked Mr. Rayes and Mr. Miller. She showed the lots on screen along with a reminder of what the site looked like before. She said this is not your typical grading plan and it’s a very complicated project. The Gant is a co-applicant for the tennis courts lot. This needed a plan development amendment, but we didn’t get support from staff so withdrew the request. We thought there was a better solution. The a/c units were not on the original plan and she showed a preferred location for the ac units and an alternative location. Mr. True suggested staff and monitor work with them to decide on a preferred location. Ms. Adams showed the grading plan, which was submitted in 2008. Ms. Adams proceeded to read from an addendum letter submitted in 2008. She said that recalling something after 11 days is one thing, but this was issued 11 years ago and that is where our big concern is. The applicant acted in good faith. She continued telling the history of the project. She said they’ve been working on this for a year on connecting all of the dots on how we got here. Everything is where the city approved it to be. They would like to have the T.C.O. issued for this project. Councilwoman Richards said they’ve gone through this well and we are reaching a collaborative solution. She said they will extend the meeting until tomorrow and have staff write a new resolution they can approve. Ms. Adams said they are ok with this. Mr. Stearn thanked the council. He said they wanted to soften the two houses with landscaping and regraded everything and planted 400 replacement trees. We’ve done everything we can to make everything lush. Councilman Hauenstein said it would have been really beneficial for Mr. Stearn to have been here for first reading. Mr. Stearn said he’s done eight P&Z meetings and attended all of them. He said he lives in New York and was told not to come for the first reading. Ms. Adams said she and Mr. Lacroix will take the blame on that. Mr. Stearn said he’s a small-town type of guy and he wants this project to be an asset to the community. PUBLIC COMMENT: Heather Manolakas– Ms. Manolakas is representing the neighbor who made the complaint which prompted the review. She said it has been a long process for her client too. She attached Exhibit D, which their client commissioned when he noticed that soils were being stored on Lot A. He was concerned with his backyard being enclosed by the slopes and that did change significantly. He was also concerned about the ac units, but those are being rectified. Public comment closed. Mr. Kramer said that if the hearing gets continued to tomorrow, he would like to provide a draft ordinance to the applicant so their consultants can take a look. 15 7 REGULAR MEETING CITY COUNCIL DECEMBER 17TH, 2019 Councilman Hauenstein said that the ordinance in the packet is substantially different then where they are now, so it is appropriate to continue to tomorrow at 3:00 p.m. to formalize ordinance 33. Councilwoman Richards motioned to continue ordinance 33 to tomorrow December 18 th at 3:00 p.m., Councilman Mesirow seconded. All in favor, motion carried. All in favor, motion carried. Rachel modified her motion to include the agreements reached in the final slide of the staff presentation. All in favor, motion carried. RESOLUTION #147 – Escrow Agreement with Lift One Lodge Aspen Jim True, City Attorney Mr. True introduced the item pursuant to ordinance #38, series of 2016 that was approved by the voters in the March election. This required the city to enter into an escrow agreement with the applicant placing into escrow 4.36 million dollars for public improvementsthat the applicant would make during the process. There are also conditions for the money to be returned to the city if the project isn’t going forward. Any interest accrued, does revert to the city and will be paid annually. We recommended Wells Fargo as the escrow agent and they have agreed. The applicant has accepted, so we will finalize the agreement. This has to be completed by December 31st to fully comply with the conditions of ordinance #38. It’s important for the city to comply with its obligation. The lift would have to have its final approvals by the tramway passenger board, so it would have to be in a position to be turned on. This escrow agreement could be in place for a number of years. This will not be a quick project. Councilman Hauensteinmotioned to pass resolution #147, Councilwoman Richards seconded. Torre noted that he didn’t agree with the vote nor the amount. He also stated he didn’t agree with the wording on the ballot, but he will vote to support this and wants to support the voters. All in favor, motion carried. Councilwoman Richards motioned to adjourn and continue the meeting on December 18 th at 3:00 p.m., Councilman Hauenstein seconded. All in favor, motion carried. ______________________________ Nicole Henning, Deputy City Clerk 16 1 REGULAR MEETING CITY COUNCIL DECEMBER 18TH, 2019 Councilman Hauensteinopened the meeting at 3:00 p.m. Commissioners in attendance: Councilwoman Richards, Councilman Mesirow, Councilman Hauenstein. Absent were Councilwoman Mullins and Mayor Torre. Staff present: Nicole Henning, Deputy City Clerk James R True, City Attorney Sara Ott, City Manager ORDINANCE #33, SERIES OF 2019 – 1001 Ute Avenue Kevin Rayes, City of Aspen Planner Mr. Rayes said there is no presentation this afternoon since the meeting was continued. Pursuant to the discussion last night, the ordinance has been revised to reflect the discussion. They worked with the applicant today on amending the language in the ordinance. He has provided a handout summarizing the ordinance, so today, staff recommends approving the ordinance. Councilwoman Richards asked if we will be issuing a temporary certificate of occupancy. Mr. True said the applicant will most likely ask for a TCO, but it is up to the building official whether it falls under the typical TCO rules. Mr. Metheny, Chief Building Official, said he generally issues those with enough time to complete the landscaping plan and things that will need to be done in warmer weather. PUBLIC COMMENT: None. Councilwoman Richards motioned to approve ordinance #33, Councilman Mesirow seconded. Roll call vote, yes; Mesirow, yes; Hauenstein, yes. 3-0, motion carried. Councilwoman Richards motioned to adjourn, Councilman Mesirow seconded. All in favor, motion carried. ______________________________ Nicole Henning, Deputy City Clerk 17 Page 1 of 2 MEMORANDUM TO:Mayor and City Council FROM:Chris Everson, Affordable Housing Project Manager THROUGH:Scott Miller, Public Works Director MEMO DATE:January 9, 2019 MEETING DATE:January 14, 2019 RE:Resolution #5, Seriesof 2020–Contract Amendment for the Purchase of Aspen Mini Storage Property REQUEST OF COUNCIL:Staff is requesting approval of Resolution #5, Series of 2020 and attached contract amendment for the purchase of property located at 105 Aspen Airport Business Center otherwise known as Aspen Mini-Storage. SUMMARY AND BACKGROUND:On October 8, 2019, City Council approved a contract to purchase the 3-acre Aspen Mini Storage property for a purchase price of $11 million to be funded from the City 150 Housing Development Fund. The contract contains numerous contingencies which provided the City with due diligence opportunity. DISCUSSION:Through the sales contract process, the City has received a survey of the property as well as an environmental assessment. Staff sees no reason to raise any objections to the purchase of the property based on those documents. The City has also received an appraisal which values the property at $10,650,000. Although the appraised value is within a reasonable 3.2% of the City’s original offer of $11 million, staff has since re-negotiated with the seller, and the seller has agreed to split the difference of the gap between the $11 million contract price and the $10.65 million appraisal price in return for accelerating the closing date. The seller’s agent said during the renegotiation process that the seller does have interest from at least one other able party at or above the $11 million price, but that they would be interested in lowering their price to make an expeditious closing more certain. A contract amendment is attached which would: (1) lower the purchase price to $10,825,000, (2) deem all contingencies within the contract as satisfied upon execution and Council approval of the amendment, and (3) move the closing date from February 20 to February 4, 2020. With the 3-acre mini storage property, the City’s lumberyard housing development site is 10.5 acres in total, and staff has scheduled additional community outreach events related to the conceptual design of the facilities at the site for 4:00-7:00 pm on January 15 at Roxy’s Market and 11:00-1:00 pm and 3:00-6:00 pm at City Hall on January 16, 2020. 18 Page 2 of 2 FINANCIAL/BUDGET IMPACTS:Upon approval of the attached contract amendment, the City’s $550,000 earnest money payment will become non-refundable. At closing on February 4, the remainder of the purchase price (less a prorated amount for February 2020 rents collected at the Mini Storage facility) will be paid from the 150 Housing Development fund. Staff plans to bring a separate contract to Council for approval at a later date which would place the mini storage facility manager under contract for continued, uninterrupted operation of the facility. Annual net income of the mini storage operation is approximately $200,000 to $225,000 which would result in approximately a 2% capitalization rateduring the time which the City would operate the facility prior to redevelopment. ALTERNATIVES:Council could instead choose to terminate the sales contract at this time. RECOMMENDATIONS:Staff recommends approval of Resolution #5, Series of 2020 and the attached contract amendment for the purpose of purchasing the 3-acre property located at 105 Aspen Airport Business Center, otherwise known as Aspen Mini-Storage, for a purchase price of $10,825,000. CITY MANAGER COMMENTS: ATTACHMENTS:Documents referenced are available upon request. 19 RESOLUTION NO. 05 Series of 2020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AGREEMENT TO AMEND/EXTEND CONTRACT FOR THE PURCHASE OF 105 ASPEN AIRPORT BUSINESS CENTER, AKA THE ASPEN MINI-STORAGE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT TO AMEND/EXTEND CONTRACT AND SUCH OTHER DOCUMENTS AS NECESSARY TO COMPLETE THE PURCHASE OF THE PROPERTY. WHEREAS, there has been submitted to the City Council a proposed Agreement to Amend/Extend Contract for the Purchase of 105 Aspen Airport Business Center, aka The Aspen Mini-Storage, a copy of which proposed Escrow Agreement is attached hereto. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approvesthe Agreement to Amend/Extend Contract for the Purchase of 105 Aspen Airport Business Center, aka The Aspen Mini-Storage, a copy of which is attached hereto, and does hereby authorize the City Manager of the City of Aspen to execute the agreement on behalf of the City of Aspen and to execute such other documents as necessary at closing to complete the purchase of the property. Dated _________________, 2020. _____________________________ Torre, Mayor I, Nicole Henning, duly appointed City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held January 14, 2020. ______________________________ Linda Manning, City Clerk 20 Aspen Snowmass Sotheby`s International Realty 415 East Hyman Avenue Aspen, CO 81611 Andrew Ernemann andrew.ernemann@sothebysrealty.com Ph: 970-379-8125 Fax: 888-550-2881 1 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (AE41-6-18) (Mandatory 1-19) 2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 3 4 AGREEMENT TO AMEND/EXTEND CONTRACT 5 6 Date: 1/9/2020 7 8 1.This agreement amends the contract dated 9/20/2019 (Contract), between Aspen Mini-Storage, LLC (Seller), and City of Aspen (Buyer), relating to the sale and purchase of the following legally described real estate in the County of 9 Pitkin, Colorado: 10 COMMUNICATION CENTER Lot: 3 11 known as No. 105 Aspen Airport Business Center, Aspen, CO 81611 (Property). 12 13 NOTE: If the table is omitted, or if any item is left blank or is marked in the “No Change” column, it means no change to the corresponding provision of the Contract. If any item is marked in the “Deleted” column, it means that the corresponding provision of the Contract to which reference is made is deleted. 14 15 2. 3.1 Dates and Deadlines. [Omitted as inapplicable] 16 3. Other dates or deadlines set forth in the Contract are changed as follows: 17 A. The Closing Date shall be February 4, 2020. 18 19 4. Additional amendments: 20 A. The Purchase Price shall be $10,825,000.00. B. Upon execution of this Agreement to Amend/Extend Contract, all contingencies will be considered satisfied and the Buyer`s earnest money is henceforth said to be "hard" at that time. In the event that this Agreement is not executed prior to the acceptance date set forth below, this Agreement to Amend/Extend Contract shall not be incorporated as a part of the Contract. 21 All other terms and conditions of the Contract remain the same. 22 23 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party to this document receives notice of such acceptance on or before Wednesday, January 15, 2020 at 5:00 PM, MST . Date Time 24 25 Date: Seller: Aspen Mini-Storage, LLC 26 AE41-6-18. AGREEMENT TO AMEND-EXTEND CONTRACT Page 1 of 2 CTMeContracts.com - ©2020 CTM Software Corp. 21 27 Seller: _______________________________________________________ Date: _____________ 28 Address: 29 30 31 Date: Buyer: City of Aspen By: Sara Ott, City Manager 32 33 Buyer: _____________________________________________________ Date: _____________ 34 Address: 35 AE41-6-18. AGREEMENT TO AMEND/EXTEND CONTRACT CTM eContracts - ©2016 CTM Software Corp. AE41-6-18. AGREEMENT TO AMEND-EXTEND CONTRACT Page 2 of 2 CTMeContracts.com - ©2020 CTM Software Corp. 22 MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Ben Anderson, Planner II THROUGH: Phillip Supino, Community Development Director MEMO DATE: January 8, 2020 MEETING DATE: January 14, 2020 RE: Call-up Notice – Planning and Zoning Commission Approval of Commercial Design Review and an Insubstantial Amendment to a Planned Development for 333 E. Durant Ave.; Mountain Chalet Lodge Applicant: Norman Bacheldor, President; Mountain Chalet Enterprises Representative: Scott Smith, AIA Charles Cunniffe Architects (CCA) Location: 333 E. Durant Avenue; Mountain Chalet Lodge Current Zoning: Underlying Lodge (L) Zone District, with a Lodge Preservation and Planned Development overlays (LP-PD) (Mountain Chalet P.U.D., Ordinance 23, Series of 2001. Summary: In 2001, Mountain Chalet Lodge received approval for a Planned Development (PD) that allowed for the expansion of the lodge. The existing elevator did not allow direct access to the top-most level of the lodge, which includes a public lounge area. This application proposes the extension of the elevator tower and mechanism to provide improved access to this top most level of the lodge. Staff Recommendation: Staff recommended approval of the project and P&Z voted 8 - 0 in approving Resolution No. 13, Series of 2019. The approval would allow the extension of an existing elevator to serve to the top most floor of the lodge that includes the lounge and other areas used extensively by the public. Staff recommends that Council uphold P&Z’s decision. Figure 1. Location of Mountain Chalet Lodge 23 Page 2 of 3 Mountain Chalet – Elevator Extension Staff Memo – Call-up Notice to Council BACKGROUND: Mountain Chalet Lodge received approval for a significant expansion in 2001 that included the addition of a lounge area on what was essentially a new 5th floor to the lodge. At the time, the existing elevator was not modified to provide direct access to this level. Accessing to this area requires visitors to get off on the 4th floor, navigate a corridor to a stairwell or lift to the next level, and then navigate to the lounge on the 5th level. As currently configured, this awkward route to the lounge area creates confusion for visitors and unnecessary difficulty for those with mobility issues. To resolve this issue, the Applicant is proposing an extension of the existing elevator to provide direct access to the lounge area. The project would involve extending the elevator mechanism and the existing tower structure that contains the elevator. The addition will match the existing form and materials of the existing elevator structure. Existing Proposed Figure 2. South Elevation Proposed v. Existing conditions depicting change to elevator. This is the view that would be visible from the St. Regis. Figure 3. Renderings from southwest and east. Existing v. Proposed conditions. 24 Page 3 of 3 Mountain Chalet – Elevator Extension Staff Memo – Call-up Notice to Council FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: N/A RECOMMENDATION: Staff recommended approval of the project, and P&Z agreed by a vote of 8-0 in approving Resolution No. 13, Series of 2019. Staff recommends Council uphold P&Z’s decision to approve the elevator extension. Recommended Motion “I move to uphold P&Z’s approval for 333 E. Durant – Commercial Design Review and an Insubstantial Amendment to the Planned Development.” CITY MANAGER COMMENTS: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________. EXHIBITS: A – P&Z Hearing – Staff Memo B – P&Z meeting minutes C – P&Z Resolution No.13, Series of 2019 25 MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Ben Anderson, Planner II THROUGH: Mike Kraemer, Senior Planner MEMO DATE: November 28, 2019 MEETING DATE: December 3, 2019 RE: 333 E. Durant Ave.; Mountain Chalet Lodge Elevator Applicant: Norman Bacheldor, President; Mountain Chalet Enterprises Representative: Scott Smith, AIA Charles Cunniffe Architects (CCA) Location: 333 E. Durant Avenue; Mountain Chalet Lodge Current Zoning: Underlying Lodge (L) Zone District, with a Lodge Preservation and Planned Development overlays (LP-PD) (Mountain Chalet P.U.D., Ordinance 23, Series of 2001. Summary: In 2001, Mountain Chalet Lodge received approval for a Planned Development (PD) that allowed for the expansion of the lodge. The existing elevator did not allow direct access to the new top most level of the lodge, which includes a public lounge area. This application proposes the extension of the elevator tower and mechanism to provide direct access to this top most level of the lodge. Staff Recommendation: Staff recommends approval of an Insubstantial Amendment of a Planned Development and Commercial Design Review for the extension of an elevator tower. Figure 1. Location of Mountain Chalet Lodge 26 Page 2 of 4 Mountain Chalet – Elevator Extension Staff Memo – Planning and Zoning Commission LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting approval for the following Land Use Reviews: • Planned Development; Insubstantial Amendment – 26.445.110.A Mountain Chalet Lodge is subject to a Planned Development Overlay, approved by Ordinance No. 23, Series of 2001. • Commercial Design Review (combined Conceptual and Final) – 26.412 Mountain Chalet Lodge has not previously received Commercial Design Review and as such, requires P&Z approval for any exterior changes of significance. Planning and Zoning Commission is the final review authority for these approvals. However, the approval is subject to call-up by City Council. If Council requests call-up, Council may remand the decision back to the P&Z Commission for reconsideration. SUMMARY AND BACKGROUND: Mountain Chalet Lodge received approval for a significant expansion in 2001, that included the addition of a lounge area on what was essentially a new 5th floor to the lodge. At the time, the existing elevator was not modified to provide direct access to this level. Providing accessibility to this new area requires visitors to get off on the 4th floor, navigate a corridor to a stairwell or lift to the next level, and then navigate back to the lounge on the 5th level. As currently configured, this awkward route to the lounge area creates confusion for visitors, and unnecessary difficulty for those with mobility issues. To resolve this issue, the Applicant is proposing an extension of the existing elevator to provide more direct access to the lounge area. The project would involve extending the elevator mechanism and the existing tower structure that contains the elevator. The addition will match the existing form and materials of the existing elevator structure. Existing Proposed Figure 2. South Elevation Proposed v. Existing conditions 27 Page 3 of 4 Mountain Chalet – Elevator Extension Staff Memo – Planning and Zoning Commission STAFF EVALUATION: Staff has identified five areas of the Land Use Code and Planned Development Approvals that are involved with this project and were considered by the application: Floor Area While not something the Planning and Zoning Commission would be asked to evaluate, staff has confirmed that any additional floor area created by the extension of the elevator (likely, very minimal) could be accommodated by the allowable floor area established by the planned development. Any changes to floor area will be verified during building permit review. Maximum Height The PD establishes the maximum height at 51 feet. The height of the proposed elevator extension – as measured from the finished grade from the sidewalk on Dean Street is 44 feet. The Land Use Code additionally allows elevator enclosures to extend five fe et above the maximum height. The proposed height of the extended tower is below both of these thresholds and visually is even with the highest roof structure of the primary mass of the lodge. Height will be verified during building permit review. Mountain View Planes Mountain Chalet Lodge is located within the Wheeler view plane and infringes on the view plane. However, the lodge is located in the “midground” of the view plane and therefore is eligible to be considered for exemptions for specified building features. In the midground, elevators can be exempted if they comply with height requirements identified Figure 3. Renderings from southwest and east. Existing v. Proposed conditions. 28 Page 4 of 4 Mountain Chalet – Elevator Extension Staff Memo – Planning and Zoning Commission by LUC section 26.575.020 and they are setback more than 20 feet from the lot line closest to the origin point of the view plane. Staff has confirmed both of these conditions, and therefore the project is exempt from Mountain View Plane Review. Additionally, the applicant has provided an exhibit (Exhibit 8) to the application that neither the Mountain Chalet Lodge, nor the elevator extension specifically, are visible from the Wheeler origin point. Insubstantial Amendment to the Planned Development Because the Planned Development approvals include recorded elevations and floor plans of the lodge, even minor changes need to be reviewed, and documented if approved. See Exhibit B for a detailed description of the review criteria and staff findings. Staff finds that the proposed change is insubstantial in nature and is consistent with the original intent and the specific approvals of the planned development. Commercial Design Review Mountain Chalet Lodge is subject to both the General and Mountain Base Character Area Standards and Guidelines. See Exhibit B for detail on the specific standards and guidelines that apply and staff’s findings. Primarily these are related to materiality and architectural types. Staff finds that the Standards and Guidelines are met . While the change to the elevator tower is relatively minor, due to the location of the elevator tower as the front most feature on the Dean Street façade of the building and directly across from the entry to the St. Regis, staff felt that is was important to receive board approval for the expansion of this feature. STAFF RECOMMENDATION: Staff recommends approval of the reviews for an Insubstantial Amendment to the Planned Development and Commercial Design Review, allowing for the extension of the elevator at the Mountain Chalet Lodge. PROPOSED MOTION: “I move to approve Resolution No. XX, Series of 2019, granting approval for the extension of the elevator at the Mountain Chalet Lodge.” EXHIBITS: A – Application B – Review Criteria and Staff Findings 29 Aspen Planning and Zoning Commission December 3, 2019 Chairperson McGovern called the meeting to order at 4:35 PM. Commissioners in attendance: Spencer McKnight, Teraissa McGovern, Scott Marcoux, James Marcus, Brittanie Rockhill, Ryan Walterscheid, Ruth Carver, Don Love Absent: Rally Dupps Staff present: Jeannine Stickle, Records Manager Andrea Bryan, Assistant City Attorney Mike Kraemer, Interim Deputy Planning Director Ben Anderson, Planner STAFF COMMENTS Mr. Kraemer stated that the December 17th P&Z meeting has been canceled and moved to the December 18th date due to a conflict with City Council Meeting. There will two hearings. One will be a land use hearing and the other will be a small cell update. He asked if anyone wants an update on small cell from Mr. Anderson now. Mr. Love asked for an update. Mr. Anderson stated that this Small Cell project is in response to changes in FCC rules and State of Colorado Rules about the use of the right-of-way by the telecommunications industry. The City has hired the engineering firm HR Green to help with design guidelines. Staff is starting to draft a document. The City has been engaged in a public outreach effort to talk to people. Most of the people who have shown up and commented are people who are concerned about health issues and the new 5G technology. Qualitatively, staff have had really good conversations with the public. The next step in process is drafting the set of design guidelines. On the 18th, staff will come with a short set of slides to introduce the topic and what their thinking has been. They also will present a bulleted list with some of the design parameters they’re landing on, just to get feedback. Staff will be talking to HPC as well. They’re going to take the boards’ feedback to City Council in January. From that, if everybody says that sounds good and makes sense, staff will have a finalized set of design guidelines and some changes to the land use code some time in mid to late February. Staff will be asking for a formal recommendation sometime in February with the hope that it all gets adopted prior to right-of-way opening in the spring. The City has already received applications from AT&T. Before there are more, staff would like to have these design guidelines in place. The Commission’s input will be really helpful. Mr. Kraemer stated that there are land use items scheduled for the month of January. January 7th, there will be one land use item. That meeting, the Commission will also need to elect a chair and vice chair. He suggested that they add an item onto this meeting’s agenda to discuss potential candidates. The land use code does state that the chair can be re-elected but is silent to the vice chair being re-elected. He will check on that. COMMISSIONER COMMENTS None. PUBLIC COMMENTS 30 None. APPROVAL OF MINUTES Mr. Marcoux voted to approve the minutes from November 19th, 2019. Mr. Walterscheid seconded. All in favor, motion carried. DECLARATION OF CONFLICT OF INTEREST Mr. Dupps had previously recused himself from attending the meeting due to a conflict of interest. He was not present at the meeting. PUBLIC HEARING Mountain Chalet Lodge – Elevator Extension Insubstantial Amendment to a Planned Development, Commercial Design Review Mr. Anderson introduced himself as a planner with the City. He stated that there are only two reviews that apply to the project. Those are Commercial Design Review and an Insubstantial PD Amendment Review. He stated that Mountain Chalet Enterprises is the applicant and Mr. Bacheldor is the president of Mountain Chalet Enterprises. He will be making a change to that part of the resolution to make that more clear. He introduced Scott Smith from Charles Cunniffe Architects as the representative. He stated that the proposed project is the extension in height of a proposed elevator by one story to provide direct access to a lounge and common area on the top floor. He showed the location of the Mountain Chalet Lodge on a map on the slide. This elevator is on the front façade of Mountain Chalet Lodge on Dean Street, facing the entrance to the St Regis. The applicant can say more to the importance of this project to the functioning of the building, but there was a major addition renovation and Planned Development established for the Mountain Chalet in the early 2000s. There was an existing elevator there, the additions were made, and the elevator remained unchanged at that time. The elevator didn’t make it up to the new top floor. He showed the existing configuration on a rendering on the slide. It’s confusing for guests and requires navigation that’s perhaps unnecessary. This would extend the elevator to provide access to the top floor and add a little floor area, but well within the allowable floor area for the Planned Development. Mr. Anderson showed an image of the proposed elevator compared to the existing. He stated that the new elevator extension is proposed to be consistent with the height of the roof of the existing lounge space. The maximum height in the Planned Development is 51 feet and the land use code allows for an additional five feet for elevator overruns. This is well within the height limits that the land use code allows for the elevator tower. Mr. Anderson showed the south elevation looking from the entrance of the St Regis. He stated that one of the important review criteria for design guidelines is around materiality. There’s going to be an effort to match existing stucco and paint color, bring the window and shutters in consistency with the windows that are below, make timber and roof beams consistent, fashion materials consistent, and shingled roofing consistent with the rest of the facility. Mr. Anderson showed renderings of the existing conditions. He stated that there is an addition of mass and height on the south elevation. This project is in the mid-ground of the Wheeler view plane and that allows these kind of things to get exemptions from view plane review. There’s also a requirement that it sets back an additional 20 feet from the property line. Under those conditions, staff determined that it 31 was exempt from view plane review. He showed an image on the slide from in front of the Wheeler and showed that you can’t really see the top of the Mountain Chalet. He stated that Commercial Design Review is primarily related to materiality. Architectural character that’s consistent with the mountain base. Staff finds that, in both cases, both architectural character and materiality, it’s meeting the list of review criteria. He included the comprehensive list of those in the packet as an exhibit to the memo. If this building was being designed today, staff would probably not want this elevator as the defining part of the front façade of the building, but as an existing feature, the elevator is being incorporated nicely into the project. Mr. McKnight entered the meeting at 4:47 pm. Mr. Anderson stated that this property is subject to a Planned Development. Any changes of any significance are required to go through the amendment process. In this case, this is an Insubstantial Amendment. If it was being done by itself, it would be an administrative process, but it was combined with a Commercial Design Review for P&Z consideration. To meet the criteria, the change has to be consistent with the use and character of the development. Staff found that to be true. The changes do not significantly alter original representation. There are no changes to dimensional requirements or allowed heights or floor areas. Staff is recommending approval of both of these reviews and the extension of the elevator. With that, Mr. Anderson turned the hearing over to commissioner questions. Mr. Love asked why the elevator was not put in when they did the remodel. Mr. Bacheldor stated that the elevator was built when the St Regis was built. There was no fourth or fifth floor at that time. Robert Melville put in four floors. There is no discernable reason why they didn’t extend the elevator then. They are due for a modernization to go digital on the elevators, so it’s a good time to do it all. Ms. Carver asked if the front façade is really in the back of the building. Mr. Anderson stated that there are two access points to the lodge. But it is the back. Ms. Rockhill asked if there are any other items in the 2001 approval on top of the elevator that they’re considering doing. Seeing no further questions, Ms. McGovern turned the hearing over to the applicant presentation. Mr. Smith stated that what Mr. Anderson showed was a good description of what they’re trying to do with the minimal addition to the top level. Currently, people have to get off the elevator on the outside, enter on the floor below and go back into the building to get to the lift which goes to the level below. It’s a roundabout way of trying to get someone up there who can’t use the stairs. That’s the reason for this project. The only other thing to add is, in terms of the massing for the extension up to the top floor with the elevator shaft, the applicants are trying to keep that as small as possible. The height is dictated by the minimum overrun by the elevator company. They are allowing for a minimal roof structure and trying to keep the roof slope matching the other roof slopes on the property. They are trying to make it fit as well as they can and provide a badly needed service for the public meeting room that is heavily used. 32 A man from the public seating stated that this is one of the most heavily used spaces in town for public meetings. It is affordable. Credit goes to the ownership of Mountain Chalet for being that kind of community partner. Ms. McGovern turned the meeting over to commissioner questions. Ms. Carver stated that she has noticed that there is sometimes a tent over the back patio. She asked if they are planning to put a roof over that. Mr. Bacheldor stated that they are not planning on it. Ms. McGovern asked if there are any more questions for the applicant. Seeing none, she turned the meeting over to public comment. PUBLIC COMMENT None. Commission Discussion Ms. Carver stated that she thinks it’s a great idea and really needed. Mr. Marcoux stated that he agrees. Mr. Anderson stated that the resolution will be amended to give clarity to ownership and applicant. Mr. Waltersheid motioned to approve Resolution 13 with the staff change. Ms. Rockhill seconded. All commissioners voted to approve Resolution 13. OTHER BUSINESS Mr. Kraemer stated that he thought they might want to have discussion about election of chair and vice chair coming up in January since there are eight P&Z members here. Mr. Marcoux stated that he would like to see Mr. McKnight and Ms. McGovern be re-elected. Ms. Carver asked for clarification on the purpose of this discussion. Mr. Kraemer stated that this would only be a discussion about if Mr. McKnight and Ms. McGovern would like to continue in their roles or if there is a desire for a change. There is no decision point at this meeting. Mr. Marcus asked if Mr. McKnight and Ms. McGovern if they would want to stay. Mr. McKnight and Ms. McGovern stated that they would love to continue. Mr. Kraemer stated that he forgot to follow up on the Com Dev Director interviews. He stated that Ms. McGovern could not make it so Mr. Dupps will be attending. ADJOURN 33 Mr. McKnight motioned to adjourn the meeting at 5:04 PM. Ms. Carver seconded. All in favor, motion carried. Jeannine Stickle Records Manager 34 RESOLUTION NO. 13 (SERIES OF 2019) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING COMBINED COMMERICAL DESIGN REVIEW AND AN INSUBSTANTIAL AMENDMENT TO A PLANNED DEVELOPMENT FOR THE PROPERTY LEGALLY DESCRIBED AS LOTS E, F, G, H, AND I, BLOCK 84 AND A PORTION OF VACATED DEAN STREET, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO; COMMONLY KNOWN AS THE MOUNTAIN CHALET LODGE, 333 E. DURANT AVENUE. Parcel No. 2737-182-45-002 WHEREAS, the Community Development Department received an application from Scott Smith, AIA of Charles Cunniffe Architects (Representative), on behalf of Mountain Chalet Enterprises (Property Owner and Applicant) requesting approval for Commercial Design Review and an Insubstantial Amendment to a Planned Development to extend an existing elevator tower for the property at 333 E. Durant Avenue, also know as the Mountain Chalet Lodge; and, WHEREAS, Ordinance 23, Series of 2001 granted rezoning of the property to what is today known as the Lodge (L) Zone District and approved Lodge Preservation (LP) and Planned Development (PD) overlays for the property; WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Planned Development and applicable review standards in the Land Use Code and; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Director recommended approval of Commercial Design Review and an Insubstantial Amendment to the Planned Development to the Planning and Zoning Commission; and, WHEREAS, the Mountain Chalet Lodge is located in the mid-ground of the Wheeler Mountain View Plane and Community Development staff has evaluated the proposed project per 26.435.050, and determined that the project qualifies as exempt from View Plane Review; and, WHEREAS, the City of Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on December 3, 2019; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, 35 WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the Planning and Zoning Commission approved Resolution 13, Series of 2019, by an eight to zero (8 - 0) vote, granting approval of Commercial Design Review and an Insubstantial Amendment to a Planned Development as identified herein. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the extension of the existing elevator tower subject to the elevations recorded as Exhibit A. The height of the elevator is limited to the maximum height established by the Planned Development (51 feet) and the exceptions to height for elevators as described in 26.575.020.F.4.c. Height shall be measured from the finished grade at the Dean Street sidewalk and will be confirmed during building permit review. Materials used on the exterior of the extension of the elevator tower shall match existing materials – as depicted in Exhibit A. Section 2: This approval does not exempt the project from compliance with applicable zoning, building, or any other applicable code regulations within the City of Aspen’s Municipal Code. The applicant must submit a building permit application demonstrating compliance with all applicable codes prior to any development on site. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 36 APPROVED by the Commission at its meeting on December 3rd, 2019. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ____________________________ ______________________________ Andrea Bryan, City Attorney Spencer McKnight, Chair ATTEST: ____________________________ Jeannine Stickle, Assistant City Clerk EXHIBIT A: Approved Materials and Elevations 37 Exhibit A – Approved Materials and Elevations 38 39 40 Page 1 of 6 MEMORANDUM TO: Mayor and City Council FROM: Tara Nelson THRU: Sara Ott, City Manager DATE OF MEMO: January 6, 2020 MEETING DATE: January 14, 2020 RE: City of Aspen’s 2020 Regional, State and Federal Policy Agenda REQUEST OF COUNCIL: This purpose of this item is to allow City Council to consider approving the proposed 2020 Regional, State and Federal Policy agenda. PREVIOUS COUNCIL ACTION:Council reviewed and discussed a draft Policy Agenda at a December 3, 2019 work session. Comments and revisions were provided by staff and council members December 31, 2019. Staff reviewed, incorporated, and revised several changes found here. These changes are summarized in the following table: Changes from December 3, 2019 version of proposed Policy Agenda Reference / Section Draft 12/3 language Change Made Modifications, Pg. 5 Uniformity with current city council goals Uniformity with current city council goals, community expectations and Aspen Area Community Plan by Council Member Richards Modifications, Pg. 5 Impact on our citizens general health, safety & welfare by Council Member Richards 41 Page 2 of 6 Modifications, Pg. 5 Uniqueness of issue or impact to the City of Aspen Uniqueness of issue or impact to the City of Aspen and/or to our regional partners by Council Member Richards Modifications, Pg. 5 Viability or likelihood of achieving goal Viability or likelihood of achieving goal weighed with importance of beginning to address/highlight critical issues By Council Member Richards Modifications, Pg. 5 Opportunity for providing funding for City of Aspen Opportunity for providing funding for City of Aspen or its community partners By Council Member Richards Modifications, Pg. 5 Availability of metrics of success that would allow the position to be deleted from future agendas if achieved NO CHANGE, but Council Member Richards does question this as a needed criteria overall Modifications, Pg. 5 Departures from these criteria are made in unique circumstances as determined by council, such as when adoption of a city position is important to support its regional partners, even while the policy in question is otherwise of limited consequences to the city. This policy agenda recognizes circumstances arise wherein a City Council member may be a lone representative of an organization and must address and/or vote on a policy position on the spot Tara Nelson based off comments by Council Member Richards Further, departures may broaden our approach for advocacy with policies that align with our values and intention for our state and nation even when they are benign towards Aspen or may disadvantage Aspen for a larger good or shared goal by Council Member Mesirow 42 Page 3 of 6 Environmental Sustainability, Pg. 6 City of Aspen maintains its commitment to promote environmental stewardship and lead climate action efforts throughout the Roaring Fork Valley City of Aspen maintains its commitment to promote environmental stewardship and lead climate action efforts throughout the Roaring Fork Valley and beyond by Council Member Mesirow Environmental Sustainability. Pg. 6 City of Aspen maintains its commitment to promote environmental stewardship and lead climate action efforts throughout the Roaring Fork Valley. We will continue to advance policy that supports our ability to conserve resources and protect our future. Aspen’s Climate Action Plan is the community’s roadmap for reducing GHG emissions and envisioning what a low carbon Aspen looks like. We commit to protecting the health, prosperity and safety of our residents by facilitating greater regional collaboration and acting on climate efforts. City of Aspen maintains its commitment to promote environmental stewardship and lead climate action efforts throughout the Roaring Fork Valley. We will continue to advance policy that supports our ability to protect our unique local environment, conserve resources and deliver a sustainable future. Aspen’s Climate Action Plan is the community’s roadmap for reducing GHG emissions and creating a low-carbon Aspen. By Ashley Perl Lands & Natural Resources, Pg. 6 The City of Aspen has established a dynamic natural resource program that encompasses both the urban forest and the surrounding natural resources. With over 1,100 acres of open space within and around us we are committed to preserving, protecting these vital resources as well as enhancing our natural surroundings. The City of Aspen has established a dynamic natural resource program that encompasses both the urban forest and the surrounding natural resources. With over 1,100 acres of open space being 'locally secured' and protected by taxpayer funded acquisitions situated within a county comprised of thousands of acres of Federal BLM and Forest Service lands, we are committed to preserving and protecting these vital resources as well as enhancing our natural surroundings.. By Council Member Richards 43 Page 4 of 6 Deliver Aspen Area Community Plan Themes, Pg. 8 Continue to align the vision, philosophy and commitment to provide affordable housing with those goals identified by the Aspen Pitkin County Housing Authority in conjunction with the efforts by neighboring communities to meet regional affordable housing goals by Council Member Mesirow We will actively value and promote inclusion and diversity of all kinds in our valley by increasing equitable access, prioritizing social equity across programs, and finding and addressing areas of entrenching inequity by Council Member Mesirow Affordable Housing, Pg. 9 This policy area includes deed restricted and free market owner- occupied and rental housing units which house Aspen and Pitkin County residents whose annual income is between 50% and 240% of AMI This policy area includes deed restricted and free market owner- occupied and rental housing units which house Aspen and Pitkin County residents whose annual income is up to 240% of AMI by Council Member Mesirow Climate Action, Pgs. 9-10 Climate change is leaving an indelible mark on Colorado. The City of Aspen’s Climate Action office identifies our city as one dependent on a stable climate and natural resources for a thriving economy. We support climate change preparedness and resiliency efforts. We support the Colorado Climate Plan, as well as more aggressive goals of greenhouse gas reductions….. Climate Action and Resource Conservation by Ashley Perl Climate change is leaving an indelible mark on Colorado and threatens the quality of life of residents. The City of Aspen’s Climate Action office identifies our city as one dependent on a stable climate and natural resources for a thriving economy. Aspen is committed to reducing greenhouse gas emissions through programming and policy in the following categories: low and 44 Page 5 of 6 zero emissions transportation, waste reduction, specifically composting of food waste, and energy reduction in buildings. We support climate change preparedness, adaptation and resiliency efforts. We support the Colorado Climate Plan, as well as more aggressive goals of greenhouse gas reductions for state and local governments…. by Ashley Perl Public Lands – Natural Resources, Wildlife, Parks, Recreation, Pg. 10 Extremely limited support for transfer of public lands to the states in cases where public access and public benefit remain unchanged by Council Member Richards Adequate funding for Colorado Avalanche Information Center by Tara Nelson and overall adequate fire service and emergency agencies enacting fire fuels, load mitigation, campsite restoration and maintenance by Council Member Richards Regionalism, Pg. 13 Fiscal funding for K-12 education by Council Member Richards Support for reform of government. Innovation and evolution must be supported as a primary goal including but not limited to bills that work on redistricting, ending gerrymandering, campaign finance reform, electoral reform, increased transparency, increased citizen involvement and voter participation, and ending the duopoly and party domination by Council Member Mesirow 45 Page 6 of 6 BACKGROUND: City Council has not previously adopted a policy agenda. DISCUSSION:This agenda aims to become the cornerstone for City Council to make informed decisions for which policy matters are determined. As outlined, the purpose of the Policy Agenda will be used by individual City Council members and city staff to inform city positions taken on specific bills once the legislative session begins. Once approved, the Policy Agenda will inform and provide authority for the remainder of 2020. Further, the City will be able to utilize the Policy Agenda as a direct advocacy of government officials as well as build coalitions and to attempt to influence positions adopted by the intergovernmental organization we participate with. RECOMMENDED ACTION:Formal adoption of Resolution No. 3, Series 2020. ALTERNATIVES:Choose not to adopt a formal policy agenda CITY MANAGER COMMENTS: ATTACHMENTS:City of Aspen 2020 Regional, State and Federal Policy Agenda 46 RESOLUTION NO. 03 Series of 2020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING AS A GUIDING DOCUMENT A 2020 REGIONAL, STATE AND FEDERAL POLICY AGENDA WHEREAS, there has been submitted to the City Council a 2020 Regional, State and Federal Policy Agenda, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby adopts as a guiding document for Council and City staff a 2020 Regional, State and Federal Policy Agenda, a copy of which is annexed hereto and incorporated herein. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the _____ day of _________, 2020. __________________________ TORRE, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. __________________________ Nicole Henning, City Clerk 47 2020 REGIONAL, STATE AND FEDERAL POLICY AGENDA APPROVED JANUARY 14, 2020 48 2 NAME CONTACT INFORMATION Ward Hauenstein, Mayor Pro-Tem Ward.Hauenstein@cityofaspen.com (970) 618-2116 Skippy Mesirow Skippy.Mesirow@cityofaspen.com (847) 530-0811 Ann Mullins Ann.Mullins@cityofaspen.com (720) 308-7115 Rachael Richards Rachael.Richards@cityofaspen.com (970) 710-1038 Torre, Mayor Torre@cityofaspen.com (970) 948-2023 City Manager City Attorney Policy Fellow Sara Ott James. R. True Tara Nelson Sara.Ott@cityofaspen.com Jim.True@cityofaspen.com Tara.Nelson@cityofaspen.com (970) 920-5083 (970) 920-5108 (970) 920-5059 Mailing & Physical Address Website 130 South Galena Street www.cityofaspen.com Aspen, CO 81611 49 3 Table of Contents PURPOSE OF THE POLICY AGENDA………………………………………………. 4-5 PRINCIPLES (*not in any particular order of preference) DELIVER QUALITY ESSENTIAL SERVICES………………………………… 5 ENVIRONMENTAL SUSTAINABILITY………………………………………. 5 LANDS & NATURAL RESOURCES…………………………………………… 6 HEALTH, HOUSING & HUMAN SERVICES…………………………………. 6-7 SERVICE INTEGRATION & COLLABORATION……………………………. 7 LOCAL CONTROL……………………………………………………………… 7 FISCAL RESPONSIBILITY……………………………………………………. 7 DELIVER ASPEN AREA COMMUNITY PLAN THEMES……………….…. 8 PRIORITIES (*not in any particular order of preference) AFFORDABLE HOUSING………………………………………………………. 9 CLIMATE ACTION AND RESOURCE CONSERVATION ……………………. 9-10 PUBLIC LANDS – NATURAL RESOURCES, WILDLIFE, PARKS, RECREATION…… 10 PUBLIC HEALTH & SAFETY……………………………………………….…. 10-11 TELECOMMUNICATIONS……………………………………………………… 11 WATER AVAILABILITY & CONSERVATION………………………………... 11-12 RIVER HEALTH…………………………………………………………………. 12 EARLY CHILDHOOD…………………………………………………………… 12-13 RENEWABLE ENERGY………………………………………………………… 13 REGIONALISM…………………………………………………………….……. 13 TRANSPORTATION……………………………………………………………. 14 PROCESS WHOSE WHO - OUR LEGISLATORS………………………………………… 15-19 DISTRICT MAPS AND DISTRICT NUMBERS ……………………………… 16-19 50 4 PURPOSE OF THE POLICY AGENDA The purpose of the City of Aspen’s 2020 Regional, State and Federal Policy Agenda (hereinafter “Policy Agenda”) is to inform city advocacy on policy decisions that have the potential to significantly impact 81611 and surrounding jurisdictional boundaries. This includes legislative decisions that may be made by the Colorado General Assembly or the U.S. Congress. It also includes various non-legislative decisions that can be opined at the federal, state and regional levels, including but not limited to those before Colorado agencies (i.e., Air Quality Control Commission, Public Utilities Commission, Department of Transportation, Department of Regulatory Affairs), federal agencies (i.e., Environmental Protection Agency, Department of Transportation, the Federal Communications Commission), regional governments (i.e., Regional Transportation District) and intergovernmental coalitions (i.e., Colorado Municipal League, Mountain Pact, Colorado Communities for Climate Action, Climate Mayors, Northwest Colorado Council of Governments, Colorado Association of Ski Towns, Water Quality/Quantity Committee, EOTC) The City offers the Policy Agenda as a guideline to regional, state and federal policy leaders for reference when considering decisions impacting the City of Aspen. This agenda was developed in advance of the 2020 Colorado General Assembly. With the coordination of the Policy Advisor Fellow and the City Manager, it will be used by individual City Council members and city staff to inform city positions taken on specific bills once these legislative sessions begin. At that point, Council may consider adopting amendments to the Policy Agenda to address specific bills that have been proposed. Council may revisit the Policy Agenda at any point. It may do so as a body or with the Policy Advisor fellow as no intergovernmental affairs committee exists. City Manager has created this Policy fellow position for the purpose of convening on an ad hoc basis and other city staff as necessary when one or more of the following circumstances exist: 1. There is an immediate need for council members to participate with staff in developing a strategy to advance or defeat a proposed policy which is clearly addressed by the City’s Policy Agenda or other council-approved policy documents, or 2. A decision is expected to be made on regional, state or federal policy that affects a matter which council has previously provided general direction on and that could significantly impact the city, but which council did not provide sufficient specific direction on (either through its Policy Agenda or other approved policy documents) and with timing that will not allow for council direction to be obtained. In these limited situations, the City Manager and Policy Advisor fellow may discuss such policy proposals so that the city can advocate accordingly. Council is to be informed whenever such direction has been provided and may choose to subsequently revisit such direction. 51 5 Modifications to this Policy Agenda require consistency, when applicable, with the criteria listed below: 1. Uniformity with current city council goals, community expectations and Aspen Area Community Plan; 2. Impact on our citizens general health, safety & welfare; 3. Expected relevance in the upcoming or present state and federal legislative sessions; 4. Uniqueness of issue or impact to the City of Aspen and/or to our regional partners; 5. Viability or likelihood of achieving goal weighed with importance of beginning to address/highlight critical issues; 6. Opportunity for providing funding for City of Aspen or its community partners; and, 7. Availability of metrics of success that would allow the position to be deleted from future agendas if achieved This policy agenda recognizes circumstances arise wherein a City Council member may be a lone representative of an organization and must address and/or vote on a policy position on the spot. Departures from these criteria are made in unique circumstances as determined by council, such as when adoption of a city position is important to support its regional partners, even while the policy in question is otherwise of limited consequences to the city. Further, departures may broaden our approach for advocacy with policies that align with our values and intention for our state and nation even when they are benign towards Aspen or may disadvantage Aspen for a larger good or shared goal. The City welcomes the opportunity to discuss the Policy Agenda. Please direct any questions to City Council members or to the City’s Policy Advisor fellow, Tara Nelson at (970) 920-5059. PRINCIPLES AT A GLANCE Deliver Quality Essential Services The City urges Congress and the General Assembly to expand resources for those essential services that serve the city’s most vulnerable, including child care assistance, access to affordable health care, mental health and addiction services, and protect the community and the environment. As identified in the Aspen Area Community Plan, the City of Aspen’s intent is to ensure a broad visitor base over the long-term, bolstering the sustainability of our visitor-based industry. In addition, this plan calls for more aggressive measures to ensure that the commercial sector provides essential products and services, and to ensure balance between a local-serving and visitor-oriented commercial sector. We foster policy to facilitate the sustainability of essential businesses that provide basic community needs. It is apparent that gaps still exist in the provision of essential services including adequate housing and health care options for all community residents. We value a collaborative approach to finding creative, sustainable solutions. As a principle, we are guided by professional, legal and community standards that provide opportunities for people of all ages and abilities to achieve a higher quality of life through: self-reliance, public safety, health and well-being, education and lifelong learning. 52 6 Environmental Sustainability City of Aspen maintains its commitment to promote environmental stewardship and lead climate action efforts throughout the Roaring Fork Valley and beyond. We will continue to advance policy that supports our ability to protect our unique local environment, conserve resources and deliver a sustainable future. Aspen’s Climate Action Plan is the community’s roadmap for reducing GHG emissions and creating a low-carbon Aspen. Lands & Natural Resources The City of Aspen has established a dynamic natural resource program that encompasses both the urban forest and the surrounding natural resources. With over 1,100 acres of open space being 'locally secured' and protected by taxpayer funded acquisitions situated within a county comprised of thousands of acres of Federal BLM and Forest Service lands, we are committed to preserving and protecting these vital resources as well as enhancing our natural surroundings. We work to preserve open spaces for recreational use, wildlife habitat, and sustainment of our agricultural heritage; protect water sources and ensure a sustainable water supply; protect air and water quality to reduce impacts to residents Health, Housing & Human Services Aspen is dedicated to supporting and sustaining healthy communities that strengthen individuals and families while providing reasonable health and human services for anyone who calls the Aspen Area “home”. We will strengthen the quality of life and well-being for all people in our community by providing or promoting opportunities in housing, jobs and access to services, such as education, public safety and health through all phases of life. We value a collaborative approach to finding creative, sustainable solutions and are guided by professional, legal and community standards in providing opportunities for people of all ages and abilities to achieve a higher quality of life through: • Self-Reliance: We must work together to help each person in our community meet his or her basic needs and remain self-sufficient to the greatest extent possible. • Public Safety: We must continue to ensure that our safety services (police, sheriff, fire, child and adult protection, Mountain Rescue and emergency response, etc.) are efficient, effective, accessible and coordinated. • Health and Well-Being: We must encourage the highest level of personal health for everyone in our community through programs that encourage healthy lifestyles, reduce risks and create access to quality health care regardless of age, income or ability. Local and regional public health agencies, local boards of health, providers and non-profits must work together to ensure community-wide access to a comprehensive set of health services. 53 7 • Education and Lifelong Learning: We must work together to ensure educational opportunities are available to all members of our community Service Integration & Collaboration City of Aspen aims to ensure effective use of taxpayer funds and successful outcomes through efficient service delivery and integration of public programs and services. To increase efficiency and effectiveness, City of Aspen engages in and strongly supports collaborative efforts within city departments and with partner agencies and organizations in the local community, regionally, and state-wide. Local Control As a home rule municipality, the City of Aspen believes the authority to address issues that pertain to the city must reside within. Local governments are best suited to identify solutions to local issues particularly regarding the services provided and land use decisions we make. Local authority also includes the flexibility to determine use of funding locally and precludes unfunded mandates from the state or federal government. Fiscal Responsibility City of Aspen budgeting reflects a priority on high-quality government services through six strategic focus area being: • Community engagement • Fiscal health & economic vitality • Smart customer-focused government • Environmental protection • Safe, lived-in community of choice • Development of publicly-funded housing, including broader support and involvement in the creation of non-mitigation affordable housing, public-private partnerships City of Aspen believes it is critical to the health of our economy to address the state revenue structure that restricts the state’s ability to respond to changing economic conditions, including the Taxpayer Bill of Rights (TABOR), Amendment 23, and the Gallagher Amendment. 54 8 Deliver Aspen Area Community Plan Themes We are committed to revitalizing and sustaining the underpinning of our thriving community, the Aspen Idea. Our vision, map and plan of action for achieving goals rests with our Aspen Area Community Plan (AACP). We strive to encourage collaboration among non-profit organizations, local government, local businesses and individuals while fostering greater inclusivity and participation in cultural events amongst the spectrum of community residents and visitors while supporting activities and infrastructure, both social and physical, that enable and sustain the Aspen Idea. Implementing the themes of the 2012 AACP will require collaboration and cooperation among public sector agencies, businesses, private non-profits, local institutions and the general public. We are committed to: • Revitalizing and sustaining the Aspen Idea • Achieving sustainable land use practices that support a healthy year-round community and a thriving, vibrant visitor-based economy • West of Castle Creek Corridor area should provide a transition from rural expanses of Pitkin County to urbanized atmosphere of downtown Aspen • Providing an efficient, multi-modal and integrated transportation system that reduces congestion and air pollution • A strong and diverse year-round community and a viable and healthy local workforce are fundamental cornerstones for the sustainability of the Aspen area community • Aspen will be a local, regional, state and national leader in all aspects of environmental stewardship • Preserving our historic resources differentiates us a community and contributes to our long-term cultural awareness and sustainability as a community • Strengthen the quality of life and well-being for all people in our community by providing or promoting opportunities in housing, jobs and access to services, such as education, public safety and health through all phases of life • Continue to align the vision, philosophy and commitment to provide affordable housing with those goals identified by the Aspen Pitkin County Housing Authority in conjunction with the efforts by neighboring communities to meet regional affordable housing goals • We will actively value and promote inclusion and diversity of all kinds in our valley by increasing equitable access, prioritizing social equity across programs, and finding and addressing areas of entrenching inequity. 55 9 The following are the City of Aspen’s priorities for the 2020 legislative session, NOT including references to legislation that will be introduced in the General Assembly. City staff will closely monitor active legislation introduced in these areas as well as request regional support for bills that pertain and have interest to us. PRIORITIES AT A GLANCE Affordable Housing This policy area includes deed restricted and free market owner-occupied and rental housing units which house Aspen and Pitkin County residents whose annual income is up to 240% of AMI. Affordable housing is essential to the economic and social health and sustainability of the City of Aspen. In the face of some of the highest housing and construction costs in the United States, the City of Aspen is focused on the provision of quality affordable housing to ensure the continued viability of the community. As such, the City advocates for State and Federal policies and regulations which support its affordable housing program, including: • State laws respecting home-rule authority and permitting municipal government to raise revenue and budget for the development of affordable housing to meet local demand; • State laws which enable local government to acquire or dedicate land for the development of affordable housing; • Increased federal and state funding for affordable housing tax credits, vouchers, subsidies and other financial tools to support the development of affordable housing; • Federal and state funding assistance for housing authorities to support the development and management of affordable housing. Climate Action and Resource Conservation Climate change is leaving an indelible mark on Colorado and threatens the quality of life of residents. The City of Aspen’s Climate Action office identifies our city as one dependent on a stable climate and natural resources for a thriving economy. Aspen is committed to reducing greenhouse gas emissions through programming and policy in the following categories: low and zero emissions transportation, waste reduction, specifically composting of food waste, and energy reduction in buildings. We support climate change preparedness, adaptation and resiliency efforts, the Colorado Climate Plan, as well as more aggressive goals of greenhouse gas reductions for state and local governments. Aspen’s local Climate Action Plan (CAP) identifies the roadmap to our sustainable future. Last released and updated in 2017 the CAP maintains our ambitious reduction targets and refocuses our commitment to Aspen’s future. The City works in sync with Colorado Communities for Climate Action (CC4CA) to set and address the bills that the City expects to focus the bulk of its policy priorities, resources and political 56 10 capital on. CC4CA is a coalition of local governments across the state that work to strengthen state and federal climate policy. Further we support the preservation and expansion of local governments to engage in climate action efforts that include local and multi-city commitments. These partnerships and affiliations leverage successes at the state, national and international level and further value within our community Public Lands – Natural Resources, Wildlife, Parks, Recreation Pitkin County is 88% public land. Those lands provide essential resources, landscapes, and recreation opportunities which support the health and sustainability of our community, economy, and ecosystems. The proper management of public lands mitigates community impacts from natural disasters, ensures these lands support ecological health and biodiversity, provides diverse recreation opportunities, and supports commercial and conservation uses. Given Aspen’s proximity to public lands, dependence on those lands for community sustainability, and prioritization of climate and environmental action, the City advocates for policies and regulations which deliver the following: • Proactive forest management and wildfire mitigation which reduces threats from wildfire at the Wildland-Urban Interface and provides resources for wildland fire mitigation and management; • Federal lands management rooted in best practices and which balances recreation development and commercial uses with conservation ensuring the long-term health and biodiversity of public lands; • Federal lands policy and regulatory processes focused on public engagement and input, collaboration, responsiveness, and adaptation to local needs and conditions; • Recreation management focused on habitat preservation, user experience, diversity of travel and access opportunities, and the sustainable management of existing resources. • Extremely limited support for transfer of public lands to the states in cases where public access and public benefit remain unchanged • Adequate funding for Colorado Avalanche Information Center and overall adequate fire service and emergency agencies enacting fire fuels, load mitigation, campsite restoration and maintenance Public Health & Safety Providing for these quality of life factors is one of the core functions of municipal government. Community policing, clean drinking water, a healthy environment, development regulations, safe transportation, and parks, recreation and open space programs are essential elements of a health community. The City of Aspen is dedicated to providing these community services. The City is focused on advocating for policies and regulations which assist in providing the services essential to a healthy, safe community, including: 57 11 • Federal and state policies supporting community policing, intervention, prevention, public health, and rehabilitation programs which support local control of public safety and health outcomes; • Financial and policy support for inter-governmental coordination in the provision of public safety and health services and programs; • Local control over land use and development regulations which guarantee Aspen’s ability to implement planning, zoning, and design controls on the built environment, and assess impact fees and other exactions on development activities to deliver community goods and off-set the impacts from development; • Regulatory and financial support for the conservation of lands and provision of recreation services to support public and environmental health. Telecommunications Like transportation, water, sewer, and energy services, telecommunications infrastructure is an essential public utility. The 21st Century economy relies on fast, reliable, accessible, and affordable telecommunications services. As a rural community, Aspen and its surrounding area are underserved by private telecommunications providers, particularly widely accessible high- speed broadband access. Aspen is focused on ensuring that telecommunications infrastructure is responsibility deployed and managed to mitigate impacts to community aesthetics, public health, and public property while providing accessible, reliable telecommunications utility services. Aspen supports policies and regulations which: • Support the development of municipally owned or managed telecommunications utilities infrastructure and franchises, including cellular and broadband services; • Oppose federal or state preemption of municipal control over access to and development of infrastructure, including development within public rights-of-way and the imposition of design controls over utilities infrastructure; • Ensure equitable and affordable access to high-speed, quality mobile and broadband telecommunications services Water Availability & Conservation Providing a safe, legal and reliable water supply to the City’s water customers is necessary for supporting a vibrant community. Water, especially in the West, is a precious resource that must be diligently protected. The City promotes the efficient management of water through: • Long-range planning efforts to identify future water needs and projects; • Legal strategies that protect the city’s water rights; • Conservation programs that promote efficient water use; • Coordinated responses for drought management; • Participation in State-wide efforts to manage water resources to the benefit of Colorado communities, especially on the West Slope; 58 12 • Recognition of the importance of water storage in providing a reliable water supply. With less than a day’s worth of storage, Aspen is especially vulnerable to disruptions in the water supply. River Health Like all of our natural environment, our local rivers are some of the community’s greatest assets and the reason many people choose to visit or make the Aspen area their home. Our rivers provide for a high quality life; support recreational, real estate, and tourism economies; and provide our downstream neighbors with drinking water. The health of these rivers remains of highest importance to our citizens and is identified in several guiding documents for the City, including the Aspen Area Community Plan and the Ecological Bill of Rights. As such, the City is committed to making choices and implementing programs that protect, preserve, and promote river health now and into the future, and is focused on advocating for policies and regulation which deliver the following: • Watershed and water resources protection and/or enhancement; • Local control over water resources projects and regulations that have the potential to impact the quality or quantity of water in the Roaring Fork watershed; • Local control over land use and development regulations which guarantee Aspen’s ability to implement planning, zoning, and design controls on the built environment, and assess impact fees and other exactions on development activities to deliver environmental protection and off-set the impacts from development Early Childhood Early childhood education is a pressing issue holding back a thriving economy. When parents who want to work can’t fully participate, we hurt ourselves. Childcare is difficult to find, especially infant care, forcing many families to use less desirable care, work less, delay returning to work, or leave the community. Childcare is expensive, often costing a family more than housing. The rising cost of childcare has dampened women’s employment by 13 % for those with children under age 5. Childcare is a 3-legged stool: a functioning system that supports families and childcare businesses requires investing in affordability, accessibility and high quality. If a childcare proposal focuses only on bolstering one leg, the others will grow weaker under the pressure. More childcare spots won’t necessarily mean parents can afford them. More money for parents won’t help address quality or access. The City of Aspen advocates for: • An early childhood education comprehensive plan that addresses high quality, access, and affordability. • Paid Family Leave that benefits children, families, and the community 59 13 • Labor and workforce recognition and support for the needs of families with young children Renewable Energy Aspen has long-supported efforts to minimize reliance on fossil fuels. In 2015 the City became the 3rd City in the nation to provide 100% renewable energy to its customers. Aspen continues to support efforts by other communities to reduce reliance on fossil fuels. Regionalism By exploring innovative and collaborative ways to close the gaps and meet demands, the City government plays an important leadership role in the ethic of community. Regional and multi- jurisdictional cooperation and collaboration enhances our quality of life. The City of Aspen engages in and strongly supports collaborative efforts within city departments and with partner agencies and organizations in the local community, regionally, and state-wide. The City of Aspen supports statewide legislation that would encourage: • Cooperation amongst community including affordable housing goals • Health and well being • Trails & Open space systems and acquisitions • Multi-modal transportation options • Stormwater treatment • Early childhood education funding • Fiscal funding for K-12 education • Emergency plans / public safety / emergency response • Support for reform of government. Innovation and evolution must be supported as a primary goal including but not limited to bills that work on redistricting, ending gerrymandering, campaign finance reform, electoral reform, increased transparency, increased citizen involvement and voter participation, and ending the duopoly and party domination. 60 14 Transportation The City of Aspen is a leader in Transportation Demand Management, actively supporting programs, services and infrastructure that promote the use of transit, cycling, walking and shared mobility over single occupant vehicle travel. We support commuter fringe benefits that encourage transit, bicycle, walk and other non-SOV transportation modes and oppose fringe benefits for parking and others that encourage SOV travel for commute trips. As new transportation technologies and service emerge and evolve (eg: dockless mobility, autonomous vehicles, etc) the City of Aspen supports efforts to maintain the authority for local regulation of these services. The City supports efforts aimed at regulating the share mobility industry to ensure safety, equity, data sharing, customer privacy and fair treatment of employees. We support new transportation funding for: • projects that maintain existing infrastructure and that are multimodal in design, legislation that encourages “complete streets” that accommodate people using all modes of travel • policies that support increased transportation funding for both ongoing and new transit planning efforts, transit operations, clean transit vehicles and safe transit infrastructure that reduce the reliance on single occupant vehicle travel • innovative multi-modal projects including bicycle, pedestrian and first/last mile services • for demonstration or “sandbox” projects that provide the opportunity to test emerging technologies • resort communities for recognizing that the needs of a commuting public and the importance of a tourism economy are directly tied to transportation improvements and reduction in traffic congestion. • encouragement of a balanced state transportation policy that addresses the need to maintain and expand roadway, bicycle, pedestrian, transit, carpool/vanpool and demand management options to improve Colorado’s transportation system including preservation of the constitutional requirement that highway user revenues be used for the construction, maintenance and supervision of the public highways and bridges of the state • legislation that enables and encourages the cleanest, most efficient possible technology for both private vehicles as well as public transit vehicles while preserving local control over regulation and local implementation 61 15 LEGISLATORS PROCESS To be most effective with our voice it is vital to establish a line of communication with our affiliated district representatives. This direct method will help us be most successful with our pertinent goals and where we can provide the most assistance. 3rd Congressional District: U.S. Congressman Scott Tipton Senior Senator: Michael Bennet Junior U.S. Senator Cory Gardner House District 61: Rep. Julie McCluskie Senate District 5: Senator Kerry Donovan *Tara Nelson (Policy Fellow) & Kara Silbernagel (Pitkin County Policy and Project Manager) have separate portal for Gardner, Bennet and Tipton staff. Please reach out for direct email contact / addresses. 62 16 U. S. Congressman Scott Tipton U. S. Congress - 3rd District Phone: (970) 241-2499 (Grand Junction) 63 17 U.S. Senator Michael F. Bennet Phone: (970) 241-6631 (Grand Junction) U.S. Senator Cory Gardner Phone: (970) 245-9553 (Grand Junction) 64 18 Rep. Julie McCluskie State House District 61 Email: julie.mccluskie.house@state.co.us Phone: (303) 866-2952 65 19 Senator Kerry Donovan State Senate District 5 Email: kerry.donovan.senate@state.co.us Phone: (303) 866-4871 66