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HomeMy WebLinkAboutagenda.council.regular.202102091 AGENDA CITY COUNCIL REGULAR MEETING February 9, 2021 5:00 PM, City Council Chambers 130 S Galena Street, Aspen I.CALL TO ORDER II.ROLL CALL III.SCHEDULED PUBLIC APPEARANCES 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) www.webex.com Join from the meeting link https://coa.my.webex.com/coa.my/j.php?MTID=mb5d9ac73bf9eeac5e7d9b1c5f7e397dc Join by meeting number Meeting number (access code): 126 945 4506 Meeting password: 81611 Tap to join from a mobile device (attendees only) +1-408-418-9388,,1269454506## United States Toll Join by phone +1-408-418-9388 United States Toll Join from a video system or application Dial 1269454506@coa.my.webex.com You can also dial 173.243.2.68 and enter your meeting number. Join using Microsoft Lync or Microsoft Skype for Business Dial 1269454506.coa.my@lync.webex.com V.SPECIAL ORDERS OF THE DAY a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports VI.CONSENT CALENDAR 1 2 (These matters may be adopted together by a single motion) VI.A.Resolution #013, Series of 2021 - Utilities Equipment Storage Building - Construction Contract. VI.B.Resolution #014, Series of 2021 - Appointment of Justin Forman as City's Alternate Representative to the Municipal Energy Agency of Nebraska (MEAN) and the Nebraska Municipal Power Pool (NMPP.) VI.C.Resolution #015, Series of 2021 - To Approve REMP Allocation For CORE VI.D.Resolutions #017 & #018, Series of 2021 - Wheeler Opera House Masonry Project – Paint Color Change (Fatigue Green) and Change Orders for Increased Scope VI.E.Board Appointments VI.F.Draft Minutes of January 26th, 2021 VII.NOTICE OF CALL-UP VII.A.HPC approval of Resolution #27, Series of 2021 for 423 N. Second Street– Conceptual Major Development, Relocation and Setback Variations VIII.FIRST READING OF ORDINANCES IX.PUBLIC HEARINGS IX.A.Ordinance #02, Series of 2021 - Wheeler Opera House Board of Advisors X.ACTION ITEMS X.A.Resolution #016, Series of 2021 - Council Authorization to Submit Code Amendment By Private Party XI.ADJOURNMENT 2 MEMORANDUM TO:Mayor and City Council FROM:Andy Rossello, Project Manager III THROUGH:Ryan Loebach, Sr. Project Manager Tyler Christoff, Director of Utilities MEMO DATE:February 9th, 2021 MEETING DATE:February 9th, 2021 RE:Resolution #013, Series of 2021 - Utilities Equipment Storage Building -- Construction Contract REQUEST OF COUNCIL:Staff requests a contract award to PRT Builders, LLC. in the amount of $908,349.00 for the construction of a new equipment storage building at the City’s water treatment facility. PREVIOUS COUNCIL ACTION: Planning and Zoning Commission and City Council previously approved the equipment storage building as part of the master planning for the City’s water treatment facility approved as Ordinance #21 of 2019. Additionally, Council has reviewed funding for this project through the 2021 budget approval process. BACKGROUND:Currently the City of Aspen water treatment facility does not have adequate indoor storage space for equipment and materials to meet the Utility Department’s current and future needs. Staff worked with a design team to develop an equipment storage building to house equipment, provide maintenance area(s), and store materials critical to the operation of both the water and electric utility. The new equipment storage building is the first step towards completing the City Council approved 2019 water department campus master plan. Subsequent phases of the master plan are currently being designed for construction within the next several years and will be delivered to Council for approval. DISCUSSION:City staff solicited bids from qualified construction companies to construct this storage building. All construction activities for this project will meet current City Building and Energy Codes, Water Distribution Standards, and Engineering Standards. Staff has also solicited a bid for inspection services via PVCMI, utilizing the City’s as- needed service contracts. PVCMI will be responsible for construction inspection services including, submittal review, daily jobsite monitoring, pay application review, and commissioning of mechanical systems. 3 FINANCIAL/BUDGET IMPACTS: Bids received from all bidders to construct the equipment storage building are summarized below: PRT Builders, LLC $ 908,349.00 Gould Construction, Inc. $1,025,030.00 Heyl Construction $1,190,034.45 Aspen Constructors $1,342,432.16 Staff recommends awarding the construction contract to PRT Builders, LLC. based on their qualifications and responsiveness to the Invitation to Bid. The proposed project funding and expenditures are outlined below: Total Project Expenditures PRT Builders. LLC: Construction Contract $908,349.00 PVCMI: Inspection Contract $ 49,265.10 Contingency (15% of subtotal of contracts above) $143,642.12 Total $1,101,256.22 Funding Budgeted Utilities 2021 Funding Project 50132-New Equipment Storage Building $1,365,142.00 Total $1,365,142.00 ENVIRONMENTAL IMPACTS:Maintaining and preserving city equipment and materials by keeping them out of the elements extends the useful life of the equipment and reduces waste associated with disposal. ALTERNATIVES: Staff believe this is a critical project to protect current assets and provide storage for additional equipment. Alternatively, equipment and materials can remain stored outside and funds will be utilized to replace equipment and materials as they age and fail at shorter intervals. RECOMMENDED ACTION:Staff request the council approve the contract with PRT Builders, LLC for $908,349.00 for the construction of the new equipment storage building. PROPOSED MOTION:I move to approve Resolution #013 of 2021. CITY MANAGER COMMENTS: ATTACHMENTS: A. Contract with PRT Builders, LLC. B. Resolution #13 of 2021 4 RESOLUTION # 13 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND PRT BUILDERS, LLC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for the construction of a new equipment storage building, between the City of Aspen and PRT Builders, LLC., a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for construction of a new equipment storage building between the City of Aspen and PRT Builders, LLC., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 9 th day of February, 2021. 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, February 9th, 2021. Nicole Henning, City Clerk 5 6 7 8 9 10 11 12 MEMORANDUM TO:Mayor and City Council FROM:Justin Forman, Utilities Operations Manager THROUGH:Tyler Christoff, Director of Utilities Scott Miller, Director of Public Works MEMO DATE:January 29th, 2021 MEETING DATE:February 9th, 2021 RE:Resolution #014, Series of 2021 - Appointment of Justin Forman as the City’s Alternate Representative to MEAN and NMPP REQUEST OF COUNCIL:Council is requested to approve appointment of Justin Forman as the City’s alternate representative to the Municipal Agency of Nebraska (MEAN) Board of Directors, Representative to the MEAN Management Committee and Representative to the Members’ Council of the Nebraska Municipal Power Pool (NMPP). PREVIOUS COUNCIL ACTION: Council previously appointed Tyler Christoff as the primary representative to MEAN and NMPP and Margaret Medellin as the alternate representative. BACKGROUND:The City of Aspen is a member of MEAN and NMPP. Active participation in the governance of these organizations is important to ensure that Aspen’s interests are represented. DISCUSSION:Tyler Christoff will continue to serve as the City of Aspen’s primary representative to MEAN and NMPP. Justin Forman will replace Margaret Medellin as the City’s alternate representative on the MEAN Board of Directors, MEAN Management Committee and the NMPP Members’ Council. FINANCIAL/BUDGET IMPACTS: There is no direct financial request associated with this resolution. All existing contracts and funding associated with MEAN and NMPP are included in the 2021 budget. ENVIRONMENTAL IMPACTS:Ensuring an ongoing City of Aspen presence and active participation in policies and decisions of these organizations facilitates the continuance of a reliable, 100% Renewable Energy Electric Portfolio for the City of Aspen’s Municipal Electric Utility. 13 RECOMMENDED ACTION:Council is requested to approve Resolution #014, Series of 2021, to appoint Justin Forman as the City’s alternate representative to MEAN and NMPP. PROPOSED MOTION:I move to approve Resolution #014 of 2021. CITY MANAGER COMMENTS: ATTACHMENTS: A. Resolution # 014 of 2021, Resolution #014, Series of 2021 14 RESOLUTION #014 (Series of 2021) A RESOLUTION APPOINTING JUSTIN FORMAN AS THE ALTERNATE REPRESENTATIVE FROM THE CITY OF ASPEN TO THE MUNICIPAL ENERGY AGENCY OF NEBRASKA (MEAN), BOARD OF DIRECTORS, MANAGEMENT COMMITTEE AND THE MEMBERS’ COUNCIL OF THE NEBRASKA MUNICIPAL POWER POOL WHEREAS, the City of Aspen, Colorado, is a member of the Municipal Energy Agency of Nebraska and the Nebraska Municipal Power Pool; WHEREAS, active participation in policies and decisions of these organizations facilitates the continuance of a reliable, 100% Renewable Energy Electric Portfolio for the City of Aspen’s Municipal Electric Utility; WHEREAS, Justin Forman serves as the City’s Utilities Operations Manager; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby appoints Justin Forman as the alternate representative to the MEAN Board of Directors, MEAN Management Committee and NMPP Members’ Council, and does hereby authorize the City Manager of the City of Aspen to appoint Justin Forman on behalf of the City of Aspen. Dated: February 9th, 2021 ____________________________________ 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, February 9th, 2021. ____________________________________ Nicole Henning, City Clerk 15 MEMORANDUM TO:Mayor Torre and City Council FROM: Mona Newton, ED, Community Office for Resource Efficiency THROUGH: Ashley Perl, Climate Action Manager MEMO DATE:February 1, 2021 MEETING DATE:February 9, 2021 RE:Administrative approval of REMP funding for CORE REQUEST OF COUNCIL: Staff from the City of Aspen and the Community Office for Resource Efficiency (CORE) request City Council’s approval of the attached Resolution #015_2021 that details the planned expenditures for Renewable Energy Mitigation Program (REMP) funds by CORE in 2021. This request is for $1,400,000 to support CORE’s carbon emissions reduction programs. This funding amount was approved by City Council during the annual budget process and requires this specific resolution for administrative purposes. SUMMARY AND BACKGROUND: City Council approved $1,400,000 from the City of Aspen REMP fund to be allocated to CORE as part of the annual budget review and approval process that was conducted in the fall of 2020. Approval of a resolution, Attachment A, is required as defined by the REMP program foundational documents. Prior to the annual budget process, CORE met with City Council at a work session on August 4, 2020 and provided initial support for CORE’s carbon cutting efforts with REMP funding and requested that CORE return to City Council in the spring of 2021 with a long range plan for CORE’s future funding and programming. The City of Aspen is represented on the CORE board of directors by Councilmember Ward Hauenstein and staff member Ashley Perl. Councilmember Ann Mullins is the alternate board member. DISCUSSION: CORE’s Mission: Leading the Roaring Fork Valley to a net-zero carbon free future. CORE is a member organization and together with all of our members we work to achieve our mission. CORE has developed successful programs and policy options that help residents and businesses reduce carbon emissions, improve health and safety, and save money. CORE 16 also supports innovative technologies to achieve these reductions and drive regional change. CORE accomplishments in 2020 include: More than 6,438 residents, businesses and public entities have participated in CORE programs since 2010, making energy efficiency and renewable energy upgrades in their buildings, 27,662 MTco2 have been eliminated and $3,879,232.90 annual savings in utility bills. The projects implemented achieve beyond the 2x carbon offset that was set out to achieve when REMP was developed. Analysis of past projects indicates that a 6x carbon offset was achieved through CORE’s programs between 2010 and 2015. Each dollar provided through a grant or rebate is leveraged more than six times. REMP funds combined with other funds typically do not exceed 50% of the cost of a project. Comfort and safety – our residential energy assessment identifies opportunities to save energy and opportunities in increase comfort. Several times life threatening issues related to natural gas appliances are also identified. CORE remains focused on 4 strategic priorities: 1. Carbon Reduction – focus on carbon-free, net-zero energy use 1,000 MTco2e annually 2. Project Design Optimization Actively support highly-visible projects that can be replicated with technical, financial and publicity support 3. Carbon-Free Culture Continue to build and broaden the base for change through creative outreach and engagement 4. Organizational Resilience CORE has been charged with managing the REMP funds, which have been a stable funding source for many years. CORE is in the process of developing new strategies to diversity its funding that include REMP to support programs in Pitkin County, fundraising and entrepreneurial consulting. CORE’s 2021 Workplan: Develop and implement the path to net-zero energy. More aggressive energy use reduction will be sought from program participants with a more intentional program of advising and incentive offerings for residents and businesses. Identify, offer technical assistance and incentives for large projects (public, non-profit and private projects) to strive for net-zero. Design and deliver measurable outreach and engagement programs to support the pathway to net-zero with Imagine Climate – a month-long effort designed to capture new program participants, print advertising, e- 17 newsletter, workshops 1/quarter to promote CORE’s services, grants, incentives, workforce training and partnering on other events. Develop a plan that addresses need, options and a target amount to increase non-REMP funds by 2024. FINANCIAL IMPACTS: REMP funds are collected by the City of Aspen and Pitkin County for projects when on- site mitigation with renewable energy systems is not an option to offset excess energy use from snowmelt, hot tubs or spas. CORE has requested funding from REMP in the amount of $1,400,000. While the 2020 financial audit has not yet been completed, there is still the opportunity for adjusting entries to occur for the previous year. That stated, new collections of REMP fees in 2020 equated to $1.39M, roughly $575K above the conservative placeholder estimate. These collections, plus funds already held in reserve from prior years, more than support this $1.4M request that was already adopted in the 2021 Budget. ENVIRONMENTAL IMPACTS: The environmental impact will be a decrease in carbon emissions in the Roaring Fork Valley. The goal for 2021 is 1,000 MtCo2e. Attachments: Attachment A: Resolution #015 Series 2021 Attachment B: Program Details 18 1 RESOLUTION #015 (Series of 2021) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AUTHORIZING THE EXPENDITURE OF FUNDS GENERATED THROUGH THE RENEWABLE ENERGY MITIGATION PROGRAM. WHEREAS, on December 13, 1999, the City Council approved Ordinance No. 55 Adopting the Aspen/Pitkin Energy Conservation Code, and WHEREAS, the Aspen/Pitkin Energy Conservation Code allows that funds collected through the Renewable Energy Mitigation Program (REMP) be spent in accordance with a resolution passed by the Aspen City Council, and WHEREAS, at its meeting on November 19, 2020 the Board of Trustees of the Community Office for Resource Efficiency (CORE) approved the REMP spending proposals described herein, and WHEREAS, the specific funding amounts total $1,400,000 and are assigned in the following way: Randy Udall Energy Pioneer Grants: $150,000 Residential Programs: $225,000 Commercial Programs: $100,000 Small Lodge Program: $50,000 Engagement and Marketing: $75,000 New Initiatives: $75,000 Program Management: $90,000 Program Delivery: $635,000 WHEREAS, the City Council of the City of Aspen finds that the funding requests are appropriate, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves the funding request from the Community Office for Resource Efficiency that sets forth the terms and conditions of the use of Renewable Energy Mitigation Program funds, a description of which is incorporated herein. Dated: February 9, 2021 19 2 ______________________________ 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 February 9, 2021. ______________________________ Nicole Henning, City Clerk 20 Attachment A: 2021 Grants and Programming 2021 Randy Udall Energy Pioneer Grants In 2020, CORE staff with approval of the CORE Board of Directors staff budgeted $200,000 to be allocated in grants. CORE staff will develop the criteria, which will be approved by the CORE Board of Directors. Using the criteria, grants will be identified and awarded with contracts stipulating the project and timeframe for completion. Amount requested $150,000 2021 REMP Programs CORE’s focus on efficiency has shifted to beneficial electrification across all sectors. CORE serves the residential and commercial market with outreach, advising and rebates through a variety of programs. CORE will continue offering Community Grants and Design Assistance Grants CORE intends to build on our Income-Qualified Program in 2021, which serves low-to- moderate income homeowners. Residential Rebates and assessments $225,000 includes energy efficiency and renewable energy Commercial Rebates $100,000 includes energy efficiency and renewable energy Small Lodge Program $ 50,000 CORE’s Energy Efficiency and Renewable Programs continue to grow at a steady pace. Typically, the commercial sector represents approximately 50% of the energy consumption in buildings. CORE continues to offer incentives to the commercial sector and partners with City of Aspen Utilities and Holy Cross Energy to expand these efforts. CORE will continue to leverage the impact of our resources by offering larger rebates to owners of large buildings, which include public and private buildings and multifamily complexes. This program enables CORE to work directly with building owners and operators to help them implement big energy savings projects. Funds will also be used to target multi-family unit complexes since many have sought out our services and we would like to be able to incentivize them to invest in a complete building retrofit for the greatest efficiency gains. 21 Other Programs Engagement & Marketing ($75,000 Requested) New Initiatives ($75,000 Requested) The CORE Board and staff has had great success with project funding using the New Initiative funds. These funds have contributed to the decrease of carbon emissions in the Roaring Fork Valley and spurring innovation in the building sector. These funds will be used toward projects that meet our criteria. Any expenditure would be approved by the CORE Board of Directors. This year funds were awarded to the Aspen Skiing Company Housing, Marble Distilling Co. and Aspen Global Change Institute. Administration Program Management ($90,000) Program Delivery ($635,000) For each of the recommended programs, specific guidelines and eligibility standards will be applied. CORE staff will continue to work closely with our partners to identify and reach targets with the greatest need and the greatest opportunity for improvement. Total amount requested by CORE is $1,400,000 22 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Robert Schober, Capital Asset Project Manager THROUGH:Nancy Lesley, Interim Director of the Wheeler Opera house MEMO DATE:January 25, 2021 MEETING DATE:February 9, 2021 RE:Wheeler Opera House Masonry Project – Paint Color Change (Fatigue Green) and Change Orders for Increased Scope REQUEST OF COUNCIL: Request approval of a paint color change, as well as approval and execution of Summit Sealants and Forrest Painting Change Orders due to increased scope. SUMMARY AND BACKGROUND: After extensive research and completion of the discovery process typical to historic preservation projects, Mills + Schnoering Architect’s has recommended that the paint color scheme on the building be changed back to a more historical representation of the grey-green color that was found on the building previously. In conjunction with Amy Simon (HPC) and Sara Adams (Bendon - Adams), Katherine Frey the lead project architect for M+S, has endorsed a more historic paint scheme for the building. Their recommendation is to return to the dark green found underneath the current paint colors for both the window frame and the sash. Through close examination of the samples obtained during the discovery, M+S has matched the historic color and feels comfortable moving forward. This is outlined in the attached memo (Exhibit A) and sample building elevation (Exhibit B) from Katherine Frey at M+S. Due to the increased scope initiated through the discovery process, there are change orders from both Summit Sealants for additional stone replacement and carving details on the stone, and Forrest Painting for the change of color and additional work due to the scope of repairs and caulking replacement required on the windows. The change orders are attached for review (Exhibits C, D). DISCUSSION: Staff is requesting approval of the attached change orders from Summit Sealants and Forrest Painting. The summary of the work to be performed is outlined in the attached change orders. 23 FINANCIAL IMPACTS: This request is funded through a combination of funds held within capital project #51041 Wheeler Building and Site Improvements (Phase 1) which included the mockup and discovery process, and Project #51428 Wheeler Masonry Restoration. Current project funding is as follows: Council summary Remaining Funds Project #51041 Wheeler Building & Site Improvements $615,904 Current Project Budget #51428 Wheeler Masonry Restoration $2,057,000 Current project budget $2,672,904 Currently obligated $1,584,353 Summit change order #1 $400,285 Forrest change order #2 $162,424 Total with changes $2,147,062 Remaining project funds for contingency $525,842 ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: We could not perform the work; however, all indications are that this is both required to complete the historical building preservation properly as well as being the most efficient time to complete the project. RECOMMENDATIONS: Council to approve decision to change the building to the historical paint color recommended by Mills + Schnoering. Council to approve both change orders from Summit Sealants and Forrest Painting. CITY MANAGER COMMENTS: 24 RESOLUTION #17 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT CHANGE ORDER FOR THE WHEELER OPERA HOUSE PROJECT BETWEEN THE CITY OF ASPEN AND SUMMIT SEALANTS AND RESTORATION SERVICES INC.AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS,the City and Summit Sealants and Restoration Services Inc.have proposed a change order for the Wheeler Opera House project, a copy of which is attached hereto as Exhibit A; and, WHEREAS, the City Council has determined that it is in the best interest of the City of Aspen to approve the Contract Change Order for this project pursuant to the terms thereof. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, That the City Council of the City of Aspen hereby approves the attached Contract Change Order between the City of Aspen and Summit Sealants and Restoration Services Inc. and does hereby authorize the City Manager to execute the Contract Change Order on behalf of the City of Aspen. INTRODUCED,READ AND ADOPTED by the City Council of the City of Aspen on the 9th, day of February 2021. 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,February 9,2021. Nicole Henning,City Clerk 25 RESOLUTION #18 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT CHANGE ORDER FOR THE WHEELER OPERA HOUSE PROJECT BETWEEN THE CITY OF ASPEN AND FORREST PAINTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS,the City and Forrest Painting have proposed a change order for the Wheeler Opera House project, a copy of which is attached hereto as Exhibit A; and, WHEREAS, the City Council has determined that it is in the best interest of the City of Aspen to approve the Contract Change Order for this project pursuant to the terms thereof. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, That the City Council of the City of Aspen hereby approves the attached Contract Change Order between the City of Aspen and Forrest Painting and does hereby authorize the City Manager to execute the Contract Change Order on behalf of the City of Aspen. INTRODUCED,READ AND ADOPTED by the City Council of the City of Aspen on the 9th, day of February 2021. 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,February 9,2021. Nicole Henning,City Clerk 26 From:Amy Simon To:Katherine Frey; Sara Adams Cc:Michael Schnoering; Sarah Yoon Subject:RE: Update on Wheeler green paint Date:Friday, December 4, 2020 2:50:21 PM Attachments:image001.jpg Hi- this is so great! Thank you again for being on top of this issue and for recognizing the opportunity to restore the original color scheme instead of repeating what is in place. I’d like to see both of the greens mocked up. That seems easy enough to do. From: Katherine Frey <katherinef@msarchitectsllc.com> Sent: Friday, December 4, 2020 12:39 PM To: Sara Adams <sara@bendonadams.com>; Amy Simon <amy.simon@cityofaspen.com> Cc: Michael Schnoering <mikes@msarchitectsllc.com> Subject: Update on Wheeler green paint Hi Sara and Amy: We took a look at the samples under the microscope and this is what we found…   The earliest dark green layer we discussed corresponds to Munsell 5GY 3/1, which is a dark grayish green with brown.  The closest Benjamin Moore Color match is 2140-10 Fatigue Green.  In certain lights, I would expect this to appear more brownish gray than green.... but it does tend toward the green end of the yellow spectrum.   The subsequent dark green layer presents as 5GY 2/2.  Also dark grayish green but with a little more saturation.  My chart says it may correspond to 2140 10 Fatigue Green, but also possibly CW 510 Waller Green.  The latter is in the Benjamin Moore Colonial Williamsburg palette.   Attached is a photomicrograph indicating the layers we targeted.  It is informal, and just for discussion.    I have also attached a photo of the Benjamin Moore chips for 2140 Fatigue Green and CW510 Waller Green for reference. They are similar, with the Waller Green being much darker, almost black. The Fatigue Green is the earlier finish and appears slightly more olive green. Hopefully you have access to a Benjamin Moore fandeck and can take a look at one or both of the actual paint chips. The photo also shows a color plate from the Roger Moss book on Victorian Exterior Decoration showing a similar color treatment on a Victorian storefront. Let me know what you think about proceeding with one or both of these colors in a mockup. The window frame and sash color is in the critical path on the site. For the cornice color, I think it would be good to have you, Sara, select a color on site from a fandeck which matches the color of the stone or a shade darker. Please let me know if you have any questions. 27 Hope you have a good weekend. Thanks, Katherine Frey Associate katherinef@msarchitectsllc.com 200 Forrestal Road, Suite 3A Princeton, NJ 08540 T: 609.681.2480, x114 www.msarchitectsllc.com email logo BW AIANJ Firm of the Year 2020 This communication is intended only for the use of the individual or entity named as the addressee. It may contain information that is privileged and/or confidential under applicable law. If you have received this communication in error, please immediately notify us at 609.681.2480 or via return Internet email at admin@msarchitectsllc.com and expunge this communication without making copies. Mills + Schnoering Architects, LLC accepts no responsibility for any loss or damage from the use of this message and/or any attachments, including damage from viruses. 28 29 30 31 32 From:Katherine Frey To:Tim Kieffer; Robert Schober Cc:Jack Wheeler; Sara Adams; Michael Tanguay; Michael Schnoering; Mike Bassi (mbassi@aspenconstructors.com) Subject:Wheeler exterior paint colors Date:Friday, December 4, 2020 5:27:00 PM Attachments:image001.jpg TobaccoShop2.jpg 19690130001.jpg Wheeler-window frame-sample.jpg fatigue green -waller green.jpg Rob and Tim, After reviewing the submittals on the matches for the existing paint colors (pink and cream), we have been reexamining the exterior paint colors in conjunction with Sara and Amy Simon to arrive at a more historic paint scheme for the building. Our review has included observations on site, historic photographs, period color palettes, and a close examination of two samples that I took from a window frame when I was on site. We are recommending a return to the dark green that we have observed for both the window frame and the sash color. We have color matched two of the earliest dark green colors under the microscope and would like to see a mockup prepared of each color so that Sara and Amy can review on site. The colors are Benjamin Moore 2140 Fatigue Green and Benjamin Moore Colonial Williamsburg CW-510 Waller Green. I am thinking of two separate mockups; a 2’ tall section or bottom corner including both the sash and frame painted the first color and a separate mockup with the sash and frame both painted the second color. The cornice and entablature will be painted in one color to match the existing stone-slightly darker, picking up the orange tone in the stone rather than the pink. Sara will need to select a color on site with a fandeck. The custom rose color that you most recently submitted can also be evaluated, but it is likely too pink. We may want to paint the back of the tympanum a different shade of the same color to highlight the detail, but we do not intend to call out the modillions and ornament in a separate color (The elements currently painted cream.) I will prepare an elevation to show the color placement for the building including the storefront, doors, cast iron columns, and window panels so that the color placement is clear as we move forward. I understand that the window painting is in the critical path. We did not want to miss this opportunity to paint the building in a more appropriate scheme. Please let me know if you have any questions. Best regards, Katherine Frey Associate katherinef@msarchitectsllc.com 33 200 Forrestal Road, Suite 3A Princeton, NJ 08540 T: 609.681.2480, x114 www.msarchitectsllc.com email logo BW AIANJ Firm of the Year 2020 This communication is intended only for the use of the individual or entity named as the addressee. It may contain information that is privileged and/or confidential under applicable law. If you have received this communication in error, please immediately notify us at 609.681.2480 or via return Internet email at admin@msarchitectsllc.com and expunge this communication without making copies. Mills + Schnoering Architects, LLC accepts no responsibility for any loss or damage from the use of this message and/or any attachments, including damage from viruses. 34 !!#! $%!$!&# %!! %!$’&#$%(! !!’ $ )$$#’#$!!!#$!! $! &#&$ *++, )-. /!)01+234+ 5+6527*42+ /8!0 /8!0 .( ( !9&.!#!!!% :" ! 0; 0; .( .( 0 0.( ),(<,.!0, ,,! 0,(& =>>?09:,=0@.,?=:)>> ’ /8!0 >%0 !" #$" #% $$#$# Wheeler Opera House Phase 2 1909 Tim Keiffer 12/12/2020 Aspen Constructors, Inc. 309 AABC, Unit G Aspen, CO 81611 Cell: 970-948-9006 Email ✔✔✔✔✔ Katherine Frey 114 040140-21 ACI #32 Dark green paint and Cornice color ✔ Katherine Frey 12/12/2020 1909 040140-21 Provide Benjamin Moore 2140 Fatigue Green for window frames and sash and doors. Provide mockup of PPG 1068-5 Terrazzo Tan on cornice for review and confirmation on site. 35 309 A.A.B.C. ▪ Unit G ▪ Aspen, CO 81611 ▪ Tel: 970.925.7608 ▪ Fax: 970.925.2791 ▪ www.AspenConstructors.com SUBMITTAL / SHOP DRAWING Project Name WOH: Phase 2 Submittal Number WOH - 032 ACI Project # 20-004 Date Submitted: December 11, 2020 Assistant Project Manager Tim Kieffer Date Required: December 11, 2020 Superintendent Mike Bassi Sent To: Katherine Frey, M+Sa Location 320 E. Hyman Ave. Date Responded: Request to review and comment on the following submittal FOR APPROVAL: Katherine, sending you photographs of the mockup for “Dark Green” paint color, a swatch of the cornice color with historical photos and information related to the decision-making process. Refer to attached for your review. Author: Tim Kieffer Date: Dec. 11, 2020 CC: Rob Schober, City of Aspen Jeff Pendarvis, City of Aspen; Jack Wheeler & Kurt Kelly Concept One Group. Mike Bassi, Mike Tanguay, Aspen Constructors Inc. By: Signature: Date: 36 37 38 39 From:Sara Adams To:Katherine Frey Subject:RE: WOH: Phase 2, Submittal #32 "Dark Green" & Cornice Paint Colors Date:Friday, December 11, 2020 2:00:05 PM Attachments:image001.jpg image003.jpg Hi Katherine, Sorry for the delay. Amy and I met onsite yesterday. We both agree that Fatigue Green is preferred. Amy asked if the solid wood in the arched windows will be painted green as well? I said yes, but want to confirm. We also picked terrazzo tan as a slightly darker shade of the sandstone. We compared it to the sandstone on the building and also the samples that we selected to replace some of the bands. The cleaning test patches look really really good. The stone is completely clean, even the crevasses. They did a great job. We will have to see how patchy the stone work is before we decide to put a coating on the stone. Amy is still not a fan of any coating but agrees that it will be something we need to decide when we see how good or how bad the stone looks with the dutchmen, etc. Please reach out with any questions! Sara From: Katherine Frey <katherinef@msarchitectsllc.com> Sent: Friday, December 11, 2020 11:46 AM To: Sara Adams <sara@bendonadams.com> Subject: FW: WOH: Phase 2, Submittal #32 "Dark Green" & Cornice Paint Colors 40 Hi Sara, I wanted to check with you to see if you and Amy had a preference between the two greens ; and also what color looked good to you for the cornice. Tim included a color selector but I am not sure what your preference was on site. Thank you so much for helping us out! Hope you have a nice Friday. Katherine Frey Associate katherinef@msarchitectsllc.com Mills + Schnoering Architects, LLC 200 Forrestal Road, Suite 3A Princeton, NJ 08540 T: 609.681.2480, x114 www.msarchitectsllc.com AIANJ Firm of the Year 2020 From: Tim Kieffer <tkieffer@aspenconstructors.com> Sent: Friday, December 11, 2020 1:05 PM To: WOH <woh@aspenconstructors.com> Subject: WOH: Phase 2, Submittal #32 "Dark Green" & Cornice Paint Colors Katherine, Sending you the paint submittal for your review. tim Tim Kieffer Assistant Project Manager Aspen Constructors, Inc. 309 AABC, Unit G Aspen, CO. 81611 Tel: 970.925.7608 Cell: 970.618.6998 E-mail: tkieffer@aspenconstructors.com Web: www.aspenconstructors.com 41 ADCBA12345DCBA12345Checked ByDate200 Forrestal Road Suite 3A Princeton, NJ 08540 T: 609.681.2480 F: 609.681.2481 www.msarchitectsllc.comDrawing TitleProject NoFile NameRevisionsDrawn ByMichael J. Mills FAIANJC - 8207Michael Schnoering AIANJC - 1216406/12/20201909EXTERIOR/INFRASTRUCTURE IMPROVEMENTS WHEELER OPERA HOUSE - MASONRY DOCS ASPEN, COLORADO ABP / TCCGSOUTH AND SOUTH EASTELEVATIONSA-3.0REV1-06/12/202042 ADCBA12345DCBA12345ABP / TCCGEAST ELEVATIONA-3.1Checked ByDate200 Forrestal Road Suite 3A Princeton, NJ 08540 T: 609.681.2480 F: 609.681.2481 www.msarchitectsllc.comDrawing TitleProject NoFile NameRevisionsDrawn ByMichael J. Mills FAIANJC - 8207Michael Schnoering AIANJC - 1216406/12/20201909EXTERIOR/INFRASTRUCTURE IMPROVEMENTS WHEELER OPERA HOUSE - MASONRY DOCS ASPEN, COLORADO REV1-06/12/20205543 183 N. 12th St. | Carbondale, CO 81623 | www.ConceptOneGroup.com | (970) 456-6470 January 21, 2021 Mr. Rob Schober Project Manager City of Aspen 130 South Galena Street Aspen, CO 81611 CITY OF ASPEN – WOH PHASE 2: SUMMIT SEALANTS CO #1 Dear Rob: The purpose of this letter is to recommend the approval of the Summit Sealants Change Order #1. BACKGROUND This change order is for the costs associated with changes in scope and additional scaffolding outlined in the attached change order. PROJECT COSTS The cost for this change is $400,285.00. Total Cost of Change Order #1: $400,285.00 Best Regards, Jack Wheeler President Concept One Group, Inc. Attachment: Summit Sealants Change Order #1 Exhibit C - Summit Sealants Change Order 44 Montrose • Gypsum • Denver • Seattle _____________________________________________________________________________________________ December 21, 2020 Wheeler Opera House Preservation CO1 Page: 1/2 "At the Top of the Sealant and Restoration Industry for 13 Years” Denver Office 2000 W. Quincy Avenue Englewood, CO 80110 P: 720-389-8633 F: 720-242-9276 Main Office/ Accounting 2450 North Townsend Ave Montrose, CO 81401 P: 970-240-5971 F: Fax 970-240-0951 Seattle Office 4210 B Street NW, Ste A Auburn, WA 98001 P: 253-243-6172 F: 253-243-6194 Dear Mr. Tanguay, In accordance with your request to provide additional work and scaffolding for the above-mentioned property, we are providing our Change order #1 proposal for review and approval. All work will be performed in accordance to the National Historic Register and workmanship of the highest quality be utilized, as directed by the City of Aspen, Aspen Constructors and M+S Architects. All materials will be installed in accordance with manufacturer’s written recommendation. below are based on unforeseen onsite conditions discovered on or around Nov 4th, 2020. Please note this change order does not include newly discovered conditions after paint striping efforts nor does this changer order reflect any additional paint stripping as we are waiting for recommendations and direction. Additional Cost Budget • Added cost of fabrication of the stone profiles found at the site, as opposed to the profiles on the drawings. +$150,000.00 • Added cost of tooling the stone, match existing combing details as close as possible. +$169,226.00 Additional Scaffold Cost • Additional scaffolding rental cost for the South Elevation, South East Elevation, East Elevation, and stair system based on scope duration ref. project schedule revised 10-23-20 +$42,552.00 • Added cost for scaffolding stair system. +$25,382.00 • Additional Hoist rental cost based on scope duration ref. project schedule revised 10-23-20. +$13,125.00 Total Additional Cost for Change Order #1: +$400,285.00 The proposed work is to be completed during normal working hours M-F, 7:00 am – 3:30 pm. Payment Terms: “Net 30 Days. Price is valid for 30 days.” This proposal is proprietary and confidential, intended only for the recipients addressed above. December 21, 2020 Email: mtanguay@aspenconstructors.com Aspen Constructors, Inc. 309 AABC, Unit G Aspen, CO 81611 Re: Wheeler Opera House Preservation CO1 45 Montrose • Gypsum • Denver • Seattle _____________________________________________________________________________________________ December 21, 2020 Wheeler Opera House Preservation CO1 Page: 2/2 "At the Top of the Sealant and Restoration Industry for 13 Years” Denver Office 2000 W. Quincy Avenue Englewood, CO 80110 P: 720-389-8633 F: 720-242-9276 Main Office/ Accounting 2450 North Townsend Ave Montrose, CO 81401 P: 970-240-5971 F: Fax 970-240-0951 Seattle Office 4210 B Street NW, Ste A Auburn, WA 98001 P: 253-243-6172 F: 253-243-6194 General Exclusions: Adequate- water, power, parking, sanitation, staging/laydown area, notifying tenants/public of noise associated with work, landscaping, temporary storage, uninterrupted access to work location, Removal or replication of any interior furnishings, including window treatments and coverings, multiple mobilizations/demobilizations, Fencing, abatement. Summit Sealants and Restoration Services Inc. proposal is based from its review of physical site conditions. Reference of (construction drawings project # 1909) provided by M+S Architects; And our experience performing similar scope of work. Please keep in mind exact stone details have not been provided and Should work reveal hidden problems or defects, changes in cost and scope of work may be required. Upon review and approval Summit Sealants and Restoration Services Inc. will submit all necessary schedules, mock-ups, samples, technical data sheets etc. Sincerely, Summit Sealants and Restoration Services Inc. Derek Reece Derek Reece Project Manager 970-901-6698 Derekr@summitsealants.com 46 183 N. 12th St. | Carbondale, CO 81623 | www.ConceptOneGroup.com | (970) 456-6470 February 2, 2021 Mr. Rob Schober Project Manager City of Aspen 130 South Galena Street Aspen, CO 81611 CITY OF ASPEN – WOH PHASE 2: FORREST PAINTING CHANGE ORDER 1/15/21 Dear Rob: The purpose of this letter is to recommend the approval of the Forrest Painting Change Order dated 1/15/21. BACKGROUND This change order is for the costs associated with changes in scope outlined in the attached change order. PROJECT COSTS The cost for this change is $162,424.00. Total Cost of Change Order 1/15/21: $162,424.00 Best Regards, Jack Wheeler President Concept One Group, Inc. Attachment: Forrest Painting Change Order dated 1/15/21 Exhibit D - Forrest Painting Change Order 47 P.O. Box 3829, Basalt, Colorado 81621 (970) 927-4153 Fax (970) 927-4689 fpd@rof.net January 15th, 2021 Aspen Constructors 309 AABC, Unit G Aspen, CO 81611 Re: Price increase Jack, We originally had a budget of $131,928.00 for the exterior Work of the Wheeler Opera house. Windows, window sash, cornices, and samples. Additional Work requested Our original intent was to sand with 100 Grit sandpaper and feather out the existing layered paint finishes. After reviewing the sample, we have been requested to remove additional paint layers to have a cleaner, better-looking finish. Requested and added work requires using 5-6 coats of paint stripper to strip away all the old paint coats and sanding the rest of the paint debris off. We will continue to apply one coat of the exterior oil primer, followed by using the approved wood filler to repair all damaged molding. After that, we apply the acrylic primer. Finally, another light sand before applying two coats of the approved color. **The procedures and products above were required and approval by the AHS. The estimate below is for the stripping and additional work required for the windows, window frames and cornice. The following updated estimated costs to complete the Scope of Work for the Opera Wheeler House's exterior; due to the change of Paint removal work/approved, color scheme changes, cornice, fascia upgrades, and protection and pedestrians’ walkways. These updated budge costs will be added to the remaining originally budget above. 1. Window and door units: Paint removal and additional prep o South Elevation o South East Elevation o East Elevation Estimated labor and material Cost: $52,520 2. Color change: • We were informed that there also might be a color change. From the last update, it was the green color, and the color now is TBD. • There will also be a color change for the cornice; also, TBD. • We will apply a 3rd coat of finish paint approved color for better coverage and color retention. Estimated labor and material Cost: $19,456 48 P.O. Box 3829, Basalt, Colorado 81621 (970) 927-4153 Fax (970) 927-4689 fpd@rof.net 3. Cornice: Paint removal and additional prep as necessary • South Elevation • Southeast Elevation • East Elevation Estimated labor and material Cost: $16,100 4. Paint corridors: • Main entrance elevation • South elevation Estimated labor and material Cost: $6,100 5. Remove and replace Caulking around windows and doors o Originally Stone Masons were to remove caulking around windows and doors. Forrest Painting does not have this scope of work either. Forrest Painting begun to remove the caulking and install proper backing rod and proper caulking material per Aspen Constructors request. Estimated labor and material Cost: $68,248 Work with other trades: • We have been working with the other trades. Additional time has been required for mobilization and protection. Weather elements: • We have had to work around the weather conditions, setting up protection from weather conditions. These items have been added into our above cost. Cost is estimated and billed at our hourly rate of $48.00 dollars per hour on a Time and Materials basis with 10% markup on materials. Daily reports will be initiated to track labor cost. Please call once you have reviewed this to discuss in further detail. Thank you. The health and safety of our employees and other around us is our top priority. We will follow all the county’s guidelines regarding the covid-19 and their restrictions. We will have daily check-ins, with daily temperature check ins and symptom check ins. We will disinfect our workstations prior to leaving at the end of the workday. Orginally Contract 131,928.00$ Items 1-5 to be added to orginal contract 162,424.00$ Total 294,352.00$ Invoice #1 Nov 17th 2020 20,098.63$ Inoive #2 As of 1/15/2021 65,196.00$ 49 MEMORANDUM TO:Mayor and City Council FROM: Nicole Henning, City Clerk DATE OF MEMO:February 1, 2021 MEETING DATE:February 9, 2021 RE:Board Appointments By adopting the Consent Calendar, Council is making the following Board Appointments: Next Generation – One Regular Member Nicholas Byrne Kids First – One Regular Member Michaela Idhammar 50 1 REGULAR MEETING ASPEN CITY COUNCIL JANUARY 26, 2021 At 4:30 p.m. Mayor Torre called the regular meeting to order with Councilors Richards, Mesirow, Mullins and Hauenstein joining via video conference. PUBLIC COMMENT: Doug Goldsmith – Mr. Goldsmith, sales manager of Mountain Waste Recycle and Trash Company said he has a request. He mentioned a deicing agent on Main Street. On Mill, Aspen and Monarch streets, he is asking to also use a deicing agent because it gets very dangerous running trash trucks. This is a safety issue for trash trucks and UPS trucks. COUNCIL COMMENTS: Councilwoman Mullins thanked Doug for his comments and agrees that something should be done. She said that she just heard about Barry Crook passing away. He worked for the city for 14 years and was a strong advocate for affordable housing. She didn’t always agree with him, but he should be acknowledged for his work with the city. She passed along her condolences. Councilman Hauenstein said that he is also concerned about deicing. This is important to monitor for public safety. He also addressed the red restrictions. He hopes to have everyone open again as soon as possible. We are at less than half of the incident rate at this time and are appreciative of the restaurants and the efforts they are making. Councilwoman Richards thanked Ann for sharing her comments on the passing of Barry and she shares the same sentiments. She thanked the restaurants for the video of their dedicated staff. We are needing to deal with the issue as a whole. She showed the NY Times Covid page, which was updated on January 24th. She talked about New York being in purple, not red. Outdoor dining and outdoor bars are unsafe. She knows a lot of travelers look at the NY Times before they decide to go somewhere. We were 25th in the country. San Miguel county is now the #5 hot spot. The challenge that resort communities have are due to amount of tourists. She is presenting this snapshot, because the numbers in Aspen are being reported nationwide. It’s a better time to sacrifice the slower times of January than the later months. There’s a lot of PR outside of the community that our actions will impact. Mayor Torre said there is a joint meeting next week with the BOCC and is an opportunity to discuss issues shared by us. He is imploring the community to work together, and it goes past your personal responsibility. It’s also about being kind and understanding to one another. We made the right decision staying open in December. The decline we are in now is not directly related to the closures. This is good news. Be patient and stay with the program we are on and we will be reopened very soon. We will see more data this week. There has been a lot of press regarding donations from folks and contributions, and he sends out a big thank you to Kenny and Robin Smith of Meridian Jewelers. Please go to the restaurants for to go orders. There is a 1.28-million-dollar fund being set up by the county for business relief and will be live on the Aspen community website by Friday. The applications are on a rolling basis as they come in. CITY MANAGER COMMENTS: Sara Ott said that Bill Linn will speak about changes the police are making to issuing tickets for health code violations. For the 5 star program, Cj Oliver, is serving on an administrative committee as Aspen’s 51 2 REGULAR MEETING ASPEN CITY COUNCIL JANUARY 26, 2021 representative. They are currently fine tuning the program, and an application process will open later this week. Mayor Torre asked about going back to the orange level and not having to do this 5 star program as early as next week. Ms. Ott said it’s possible, and the Board of Health will decide if we will drop back to orange. The 5 star program will determine if businesses can operate at a yellow level. It allows businesses to prepare ahead of time. Bill Linn said they have given their officers an additional tool to address violations. They can now issue a ticket for violations to the public health order. We are continuing to respond to complaints to violations, and this might now end up with a ticket. We’re not out looking for parties in neighborhoods, we are responding to complaints. This is about community values, and must be a shared burden. Ms. Ott said that when individuals are witnessing a violation, we also need that person to assist in the review of the situation and they may be asked to sign a report. Anonymous complaints are harder to address. Officer Linn agreed. Councilman Mesirow asked what the ticket entails. Officer Linn said it’s the highest misdemeanor with a fine of $500-$1500 and could also require jail time and a court date. BOARD REPORTS: Councilwoman Richards said she was ni the Club 20 voices of rural Colorado legislative day. Tara Nelson also attended and will provide notes from the first day. Councilwoman Richards said she attended on the second day and heard from Governor Polis and Senator Hickenlooper among others on the restoration of public lands. Councilwoman Mullins said she had CML and it was a really dense meeting. They have gone to three meetings a year now via Zoom. They made recommended changes to legislative pieces and she’s happy they’ve become more and more involved in this group. Councilman Hauenstein said he attend the Aspen Snowmass Nordic council meeting. He said that dogs occupied a lot of discussion because there have been a lot of them on the Nordic trails at the golf course. He said it’s important that people honor the no dog policy and reminded everyone to get out there on your skis. Mayor Torre said he attended the ACRA Chamber meeting. John Peacock spoke about the 5 star program and vaccinations. We were fortunate to get 1200 doses previously, and we did not get that allocation again this wk. Regarding the occupancy rate, the hotels are tracking at 20-30% through weekdays and we are only seeing 50% on the weekends. We are still really feeling the effects of the pandemic. Some members were advocating to take another look at the visitor affidavit and there was a lot of support for reopening restaurants. Thursday is the Board of Health meeting. He would like to know how the COA is going to advocate at this meeting. There are CAST meetings happening this weekend regarding housing and a panel discussion on managing impacts on public lands. CONSENT CALENDAR: Councilwoman Mullins would like more information on Resolution #004. 52 3 REGULAR MEETING ASPEN CITY COUNCIL JANUARY 26, 2021 Councilwoman Richards said she wonders if our GMQ allotments are way too large. Mayor Torre said he would like more information on Resolutions #008 and #009. He asked if this is a new cost or was it known as coming at this stage of the contracts. Chris Everson said the original fee amounts were estimated based on the RFP the city put out in early 2019. They are currently meeting the budget for Resolution #008. For Resolution #009, he explained the quality assurance program. Councilwoman Richards motioned to approve the consent calendar; Councilman Mesirow seconded. Councilwoman Mullins asked about the Wheeler imaging project and said she thought we just replaced all the digital equipment. Nancy Lesley said the projector is about 10 years old and that is what is being replaced now. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. NOTICE OF CALL UP: 227 East Bleeker HPC Approval Sara Yoon, Historic Preservation Planner, gave a summary of this project. She said it is an Aspen Victorian landmark and is a one-story miner’s cabin in the R6 zone district. The applicant would like to do a full restoration and HPC approved this and the new addition which will be towards the rear of the property with a connector. HPC approved this with a unanimous vote. Council asked some clarifying questions. Councilman Hauenstein said he has no reason to call this up. Councilwoman Mullins said she does not want to call this up. Councilwoman Richards said she sees no reason to call this up. Mayor Torre advocated for a plaque to recognize where we are going and where we’ve been. FIRST READING OF ORDINANCE #01, SERIES OF 2021 – 100 Marolt Place – Marolt Ranch Lot 3 – Minor Planned Development Amendment Councilwoman Richards motioned to read; Councilman Hauenstein seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, Richards, yes; Torre, yes. 5-0, motion carried. City Clerk, Nicole Henning, read Ordinance #01. Councilwoman Richards motioned to approve on first reading. Council asked a couple of clarifying questions. Jeff Barnhill, Zoning Enforcement Officer, answered their questions. Councilwoman Mullins seconded the motion for approval. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. ORDINANCE #02, SERIES OF 2021 – Wheeler Advisory Board 53 4 REGULAR MEETING ASPEN CITY COUNCIL JANUARY 26, 2021 City Attorney, Jim True, introduced the item. He said this ordinance is to adopt some guidance and direction based on the Wheeler’s mission statement. We also changed the board of directors, to the board of advisors. Council asked some clarifying questions. Councilwoman Mullins motioned to read; Councilman Mesirow seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. The City Clerk read Ordinance #02. Councilman Hauenstein motioned to approve with the addition of a statement on C that email notification is sufficient; Councilwoman Richards seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. Councilman Hauenstein motioned to adjourn; Councilman Mesirow seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. _______________________________ City Clerk, Nicole Henning 54 MEMORANDUM TO: Mayor Torre and Aspen City Council THROUGH: Phillip Supino, Community Development Director FROM: Amy Simon, Planning Director MEETING DATE: February 9, 2021 RE: Notice of Call-Up, HPC approval of Resolution #27, Series of 2021 for 423 N. Second Street– Conceptual Major Development, Relocation and Setback Variations APPLICANT: Smuggler FB3, LLC, P.O. Box 2097, Naples, FL 34102 REPRESENTATIVE: Bill Guth and Ro Rockett Design LOCATION: Street Address: 423 N. Second Street Legal Description: Lots F, G, H and I, Block 41, City and Townsite of Aspen Parcel Identification: PID# 2735-124-14-003 CURRENT ZONING & USE: Single-family home, R-6: Medium Density Residential PROPOSED ZONING & USE: No change PROCESS SUMMARY: Certain land use approvals granted by HPC or P&Z require that Council be notified of the decision through a brief staff summary. The notification is not a public hearing and no applicant presentation or public comment has been accepted in the past. During the Call Up Notice, City Council may uphold the HPC or P&Z decision. Alternatively, Council may request more detailed information be provided through a presentation by staff and the applicant at a future meeting. After hearing the additional project description, Council may support the boards’ decision or may remand it to require reconsideration of specific issues at a new public hearing. HPC’s or P&Z’s decision on remand shall be final. BACKGROUND: 423 N. Second is a landmarked property containing a large Victorian era home moved to the site from a few blocks east in the 1950s. Once relocated, the home was sited backwards on the lot, with the front door facing the alley. This, along with a series of additions, has diminished the historic integrity of the building. A new owner plans a project that has received HPC Conceptual approval to rotate the house to face the street, to remove numerous alterations, and to construct a new basement and addition. Site Location Map- 423 N. Second Street 423 55 STAFF RECOMMENDATION: The applicant and staff have conducted significant research of the property to guide a restoration that will meaningfully improve the authenticity of the original design of the home and its contribution to the historic character of the Triangle Park neighborhood, which is ringed by Victorian era structures. Below are a current photo of the subject home and 1950s era picture from the same vantage point along the alley. Staff and HPC enthusiastically support the applicant’s decision to re-orient the building so that it is placed at the corner of the site, with the door facing Second Street, correcting the current circumstance which is very detrimental to its historic character. Removal of additions which envelop the home and restoration or recreation of important original features, including the open front porch will also be a very successful preservation outcome. The new addition is proposed to the side of the resource, extending towards the alley. This is an appropriate siting for the expansion permitted on this large 12,000 square foot lot. It features a one story- connector element, which is required by the HPC guidelines to provide separation between the new and old construction. The addition is proposed to be a flat roofed structure, modern in its materiality and fenestration. Lengthy discussion took place at the HPC hearing on this point. The guidelines require new construction to be distinguished from the historic, rather than copying it. An applicant is to consider form, fenestration and materials as aspects of compatibility, picking two of those characteristics to relate directly to the landmark and departing from it in a third. The applicant’s choice to use a different roof form for the addition was approved by HPC, with further discussion of windows and materials to occur at Final review, as is typical. The staff memo noted a number of small 56 considerations that were felt to warrant continuation of this project for restudy before Conceptual approval was granted. The applicant resolved these points with the board through discussion at the hearing, representing corrections that will be made as part of the next design review phase. FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: N/A RECOMMENDATION: Staff recommends Council uphold HPC’s decision. Recommended Motion “I move to uphold HPC’s approval of Resolution #27, Series of 2020 for 423 N. Second Street – Conceptual Major Development, Relocation, and Setback Variations.” CITY MANAGER COMMENTS: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________. EXHIBITS: A – Staff memo to HPC, December 16, 2020 B – Approved plans C – Meeting minutes, December 16, 2020 D – Resolution #27, Series of 2020 57 Page 1 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Planning Director MEETING DATE: December 16, 2020 RE: 423 N. Second Street–Conceptual Major Development Review including Relocation and Variations, PUBLIC HEARING APPLICANT /OWNER: Smuggler FB3, LLC, P.O. Box 2097, Naples, FL 34102 REPRESENTATIVE: Bill Guth and Ro Rockett Design LOCATION: Street Address: 423 N. Second Street Legal Description: Lots F, G, H and I, Block 41, City and Townsite of Aspen Parcel Identification Number: PID# 2735-124-14-003 CURRENT ZONING & USE: Single-family home, R-6: Medium Density Residential PROPOSED ZONING & LAND USE: No change SUMMARY AND RECOMMENDATION: The subject property is a large Victorian era home that was moved to the existing site in the 1950s and then significantly altered in terms of its orientation on the lot and numerous small additions made to the building. Despite these changes, much of the original home remains intact and is well documented in historic photos and maps. The applicant team on this project recently completed a very comparable and successful restoration on Hallam Street and the outcome of this project will be a significant contribution to the historic character of the Triangle Park area. Staff has a number of resolvable concerns with details of the restoration work, and the placement and character of the proposed addition, therefore continuation for restudy is recommended. Site Locator Map – 423 N. Second Street 423 58 Page 2 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com BACKGROUND: 423 N. Second Street is a 12,000 square foot lot located in the R-6zone district. The site contains a large Victorian era home that was relocated to this property in the 1950’s. The house was placed on the site so that the original front door faces the alley, and numerous small additions were subsequently made to each façade. The application includes significant documentation of the original appearance of the house and the work planned to restore the historic design. Past remodels of the building, which pre-date current requirements have resulted in the existing structure being significantly over the currently allowed floor area. The applicant plans to retain an overage of approximately 1,700 square feet through code allowances commonly employed on remodels throughout town. According to Zoning’s preliminary review, it does appear that some calculations require additional verification prior to the next hearing. REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC) The Applicant is requesting the following land use approvals: • Major Development (Section 26.415.070.D) for removal of non-historic additions, restoration work, and an expansion towards the alley. • Relocation (Section 26.415.090.C) to place the home on a new basement and orient the front façade to Second Street. • Setback Variations (Section 26.415.110.C) for rear and possible west yard reductions. The Historic Preservation Commission (HPC) is the final review authority, however this project is subject to Call-up Notice to City Council. STAFF COMMENTS: Following is a summary of staff findings. Please see Exhibits A, B, and C for more detail. There are very significant, large cottonwood trees in the right-of-way on the Second Street side of the property. These will require careful protection during the project and will greatly contribute to the historic setting when the house is placed in its new location facing that street. There are a number of trees along the alley that will be removed by this project. In general, the project benefits from a large building envelope within which to accomplish the program. Staff has identified conditions of approval suggesting a proposed raised deck adjacent to the Victorian be removed from the design and recommends additional review of the proposed stormwater mitigation plan. 59 Page 3 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com Regarding the proposed treatment of the historic home, staff acknowledges the applicant team’s diligent research and assessment, and the effort to design a sensitive addition. The photo at right shows the current condition of the building, including a large porch that faces Second Street. In early conversations about the property, it was stated that the new owner appreciates the porch as a beneficial feature of the home. The owner’s willingness to prioritize historic preservation goals, to remove the non-historic porch and to invest in re-orienting the house with the front door facing a street will make a very valuable contribution to the historic character of the City and the neighborhood, and is appreciated. In the attached findings on the applicable design guidelines, staff has identified areas of restudy that are intended to strengthen this excellent project. It is recommended that HPC provide direction to be addressed at the next hearing. REFERRAL COMMENTS: The application was referred out to other City departments to preliminarily identify requirements that may affect permit review. Applicant follow-up on these comments is needed prior to the next hearing. Zoning: As noted above, the project proposes to retain the floor area in excess of current allowances. Zoning has indicated a concern that there is an error in floor area calculations in that the applicant is to some degree over-estimating the square footage credit to be carried forward. The calculations must be confirmed prior to the next hearing. Engineering: Prior to the next HPC hearing the following comments need to be addressed: 1. There is an existing transformer on the property that is shown on the survey but not in the proposed drawings. Please show this transformer on the drawings or explain where it is being relocated. Does the existing transformer have capacity for the addition and increased use? Work with the City Electric Department to determine available capacity. 2. An easement must be established for the existing transformer. 3’ must be clear on the sides of the transformer vault and 10’ clear at the front. If it is a 5’ vault this means the easement must be 11’ wide by 8’ deep with the 10’ in the front remaining clear in the alley ROW. 3. Applicant will be required to follow the requirements of a major development within the Urban Runoff Management Plan. The conceptual HPC plan shows the installation of a 60 Page 4 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com drywell which demonstrate there is a path forward to meet stormwater requirements. Per URMP standards the drywell lid should be at finished grade. Defer to HPC for variance on drywell lid coverage. As part of the building permit, resolution will be needed on the following items: 1. All utilities will need to be shown at building permit. If fire suppression is provided calculations or a memo needs to be submitted verifying water service line size. There does not appear to be major utility/tree conflicts so the project can move forward through HPC approval. 2. The project is in the sidewalk deferred zone. A sidewalk is not required. 3. There is no curb and gutter on smuggler street. At building permit the project needs to show there is conveyance for runoff from roadway. 4. A compliant stabilization plan needs to be put in place to account for the micropiles close to the tree locations RECOMMENDATION: Staff recommends the Historic Preservation Commission continue the project with the following direction: 1. Eliminate the raised deck on the east side of the addition. An at grade patio of a limited size would be more appropriate. 2. Indicate that the proposed drywell will be capped with a sod lid to eliminate visual impact. 3. Restudy the proposed new fenestration indicated on the north and west facades of the Victorian, in areas where non-historic additions and alterations have affected the original historic fabric. This fenestration should be subtly distinguishable as new, but compatible in scale and placement with the original windows. 4. Propose a historically appropriate replica of a front door that would have been typical for this type of home in Aspen. 5. Restudy the request to provide access onto the roof of the connector through a door added to the south façade of the resource. 6. Provide additional study to accurately restore the front porch. 7. Revise the proposed foundation cladding to a painted metal, red brick or red sandstone as appropriate to the historic palette. 8. Restudy the placement and design of the addition for greater compatibility. 9. Address referral comments provided by Zoning and Engineering. ATTACHMENTS: Resolution #__, Series of 2020 Exhibit A – Historic Preservation Design Guidelines Criteria /Staff Findings Exhibit B – Relocation Criteria/Staff Findings Exhibit C – Setback Variation Criteria/Staff Findings Exhibit D – Application 61 01 2020.11.13 HPC APPLICATION 62 XXXXX XXXXXXXXXXXXX XXX #5 REBAR &CAP FOUNDL.S. #24303#5 REBAR &CAP FOUND0.5' BELOW GROUNDL.S. #ILLEGIBLET.B.M. 7883.65'T5T6T21T22T20T23T19T18T17T14T12T24T1T3T7T8T9T10T15T2T4T13T16S 75°09'11" E 120.00'N 14°50'49" E 100.00' S 14°5 0 ' 4 9 " W 1 0 0 . 0 0 'N 75°09'11" W 120.00'LOT F, BLOCK 41LOT G, BLOCK 41LOT H, BLOCK 41LOT I, BLOCK 415.0'22.4'F.F.7884.69'12.6'16.6'4.1'16.0'14.1'1.8'7.8'7.2'15.5'0.4'1.8'8.7' 8.0' 30.8' 24.7'0.8'7.9'F.F.7887.33'5.4'2.5'STOPSIGN3.7'4.6'10.2'10.0'24.9'DYHDYHENORT H S E C O N D S T R E E T 75.62' R - O - W ASPH A L T ELEC.METER#5 REBAR FOUNDL.S.# 33645BEARS N25°30'21"E 0.50'#5 REBAR FOUNDL.S.# 33645BEARS S42°19'51"W 1.03'STREETSIGNPFFLAGPOLEF.F.7887.34'FIREHYDRANTLIGHTPOLESTOPF.F.7887.29'F.F.7887.19'WRIDGE7918.58'24" DRYWELLRIM=7883.79'ALLEY BLOCK 4119.44' R-O-WGRAVELSMUGGLER STREET75.65' R-O-WASPHALTRIDGE7918.46'LANDSCAPELIGHTING TYP.IVBT11IRRIGATIONVALVE BOXELEC.BOXGAS VALVEUNDER BENCHTRASHENCLOSUREF.F.7887.23'F.F.7887.24'GAS STUBAT BBQDRIVEWAYEVE7895.91'EVE7895.9'EVE7896.04'EVE7895.90'HOTTUBRIDGE7915.62'F.F.7887.38'F.F.7887.44'WOOD DECKWOO D D E C K WOO D D E C K BRICKSIDEWALKWOODDECKWOODDECKBRICKSIDEWALKSIDEWALKEVE7896.01'T T.V.DISHR-6 BUILDING SETBACK10' 10'R-6 BUILDING SETBACK5'R-6 B U I L D I N G S E T B A C K R-6 BUILDING SETBACK 5'MBMAILBOX7884.4'7884.7'7884.07885.3'7886.5'7885.4'7885.2'7884.9'7884.1'7884.1'7884.1'7884.5'7884.9'7884.2'LOT E, BLOCK 41 C.O.A. GPSMONUMENT #8C.O.A. GPSMONUMENT #9N84°08'42"W1233.00'S63°00'41"E761.90'PLANTEREVE7895.8'ELEC.TRANS.LOTS F-I, BLOCK 4112,000 S.F.±MULTI LEVELWOOD FRAME HOUSE423 N. 2ND STREET7884.7'WWWWWWWWWWWWW W W W W W WEX-UEEX-UEEX-UEEX-UECHIMNEY7918.5'PLANTERCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEGGGGGGGGGGGGGGGGEX-UE EX-UE EX-UE EX-U E EX-U E EX-UE EX-U E EX-U E EX-UE EX-UE EX-UEF.F.7887.34'T T TTTTTTTTTTTTTTTTTTTTTTTTT TTTTT7884788578857886 78867885CTV CTVCTVCTV CTV CATV PED(TYP.)TELE.PED (TYP.)ELEC.TRANS.CATVPEDESTALWATERLINE TYP.UNDERGROUNDELECTRICTYP.EX-UEUNDERGROUNDTELEPHONETYP.UNDERGROUNDGAS TYP.UNDERGROUNDCABLE TYP.CATVPEDESTALAREA SUBJECTTO ENCROACHMENTLICENSE PER BK 727 PG 870REVOCABLE ENCROACHMENTLICENSE PER REC. NO. 521588ADJOINERPATIOSTEPS0'35.8'27'32.6'NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THECERTIFICATION SHOWN HEREON.ByNO.DateProject NO.RevisionDrawn By:Checked By:Date:Computer File:P.O. Box 1746Rifle, CO 81650Phone (970) 625-1954Fax (970) 579-7150www.peaksurveyinginc.comSNWEPeak Surveying, Inc.Since 2007190921 OF 1SMUGGLER FB3, LLC.CITY OF ASPEN, COLORADOIMPROVEMENT & TOPO SURVEYLOTS F-I, BLOCK 41, CITY OF ASPEN423 N. 2ND STREETJGJRNJANUARY 09, 2020092.DWG101/10/20UPDATE TREE CHARTJRNIMPROVEMENT SURVEY PLAT & TOPOGRAPHIC SURVEYLOTS F-I, BLOCK 41, ORIGINAL TOWNSITE OF ASPENACCORDING TO THE LOT LINE ADJUSTMENT PLATRECORDED MARCH 08, 2006 IN PLAT BOOK 77 AT PAGE 96CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOPROPERTY DESCRIPTIONLOTS F-I, BLOCK 41, ORIGINAL TOWNSITE OF ASPEN ACCORDING TO THE LOT LINE ADJUSTMENT PLATRECORDED MARCH 08, 2006 IN PLAT BOOK 77 AT PAGE 96, CITY OF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO.NOTES:1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING SETBACKS ANDEASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENTPREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. Q62010659-3, DATED EFFECTIVE AUGUST 16,2019.2) THE DATE OF THIS SURVEY WAS DECEMBER 18 & 23, 2019.3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S14°50'49"W BETWEEN THE NORTHEASTERLYCORNER OF LOT I, BLOCK 41, A #5 REBAR & CAP L.S. #ILLEGIBLE FOUND IN PLACE AND THESOUTHEASTERLY CORNER OF LOT I, BLOCK 41, A #5 REBAR & CAP L.S. #24303 FOUND IN PLACE.4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.5) THIS SURVEY IS BASED ON THE LOT LINE ADJUSTMENT PLAT RECORDED MARCH 08, 2006 IN PLAT BOOK77 AT PAGE 96 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE.6) ELEVATIONS ARE BASED ON A GPS OBSERVATION UTILIZING THE WESTERN COLORADO RTVRN GPSNETWORK (1988 ORTHO DATUM) YIELDING AN ON-SITE ELEVATION OF 7883.65' ON A TBM AS SHOWN.CONTOUR INTERVAL EQUALS 1 FOOT.7) THERE WAS APPROXIMATELY 12" OF SNOW AND ICE ON THE GROUND AT THE TIME OF SURVEY.8) ERROR ON CLOSURE FOR THIS SURVEY IS LESS THAN 1:15,000.NESW0306090120150180210240270300330P e ak S urveying, Inc.0101020405SUBJECTPROPERTYVICINITY MAPSCALE: 1" = 2000'IMPROVEMENT SURVEY STATEMENTI, JASON R. NEIL, HEREBY CERTIFY TO SMUGGLER FB3, LLC, THAT I AM A PROFESSIONAL LAND SURVEYORLICENSED UNDER THE LAWS OF THE STATE OF COLORADO; THAT THIS IMPROVEMENT SURVEY PLAT ISTRUE, CORRECT AND COMPLETE BASED ON MY KNOWLEDGE, INFORMATION AND BELIEF AS LAID OUT ANDSHOWN HEREON; THAT THIS IMPROVEMENT SURVEY PLAT IS NOT A GUARANTY OR WARRANTY, EITHEREXPRESSED OR IMPLIED, THAT THIS IMPROVEMENT SURVEY PLAT WAS MADE BY ME FROM AN ACCURATESURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION ON DECEMBER 18& 23, 2019 AND JANUARY 02, 2020; THAT, IN THE PREPARATION OF THIS IMPROVEMENT SURVEY PLAT, IRELIED UPON LAND TITLE GUARANTEE COMPANY, ORDER NO. Q62010659-3, DATED EFFECTIVE AUGUST 16,2019; THAT THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS OFWAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THE REAL PROPERTY ANDMATTERS REFERENCED IN SAID TITLE COMMITMENT CAPABLE OF BEING SHOWN ARE ACCURATELYSHOWN, AND THAT THIS PLAT IS IN ACCORDANCE OF AN IMPROVEMENT SURVEY PLAT AS SET FORTH INC.R.S. §38-51-102(9). DATED: JANUARY 10, 2020 BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935 FOR AND ON BEHALF OF PEAK SURVEYING, INC.COL O R ADO LICENSEDPROFESSIONAL LAND S U RVEYOR JAS O N R. NEIL3793563 01 2020.11.13 HPC APPLICATION 64 01 2020.11.13 HPC APPLICATION01 2020.11.13 HPC APPLICATION 65 01 2020.11.13 HPC APPLICATION 66 01 2020.11.13 HPC APPLICATION 67 01 2020.11.13 HPC APPLICATION 68 01 2020.11.13 HPC APPLICATION69 01 2020.11.13 HPC APPLICATION70 01 2020.11.13 HPC APPLICATION 71 01 2020.11.13 HPC APPLICATION 72 01 2020.11.13 HPC APPLICATION 73 01 2020.11.13 HPC APPLICATION 74 01 2020.11.13 HPC APPLICATION 75 01 2020.11.13 HPC APPLICATION 76 01 2020.11.13 HPC APPLICATION 77 01 2020.11.13 HPC APPLICATION 78 01 2020.11.13 HPC APPLICATION 79 01 2020.11.13 HPC APPLICATION 80 01 2020.11.13 HPC APPLICATION 81 01 2020.11.13 HPC APPLICATION 82 APPLICATION 83 01 2020.11.13 HPC APPLICATION 84 01 2020.11.13 HPC APPLICATION 85 01 2020.11.13 HPC APPLICATION 86 01 2020.11.13 HPC APPLICATION 87 01 2020.11.13 HPC APPLICATION 88 01 2020.11.13 HPC APPLICATION 89 01 2020.11.13 HPC APPLICATION 90 REGULAR MEETING HISTORIC RESERVATION COMMISSION DECEMBER 16 2020 Chairperson Greenwood opened the special meeting at 4:30 p.m. Commissioners in attendance: Gretchen Greenwood, Kara Thompson, Scott Kendrick, Roger Moyer, Sherri Sanzone. Commissioners not in attendance: Jeff Halferty Staff present: Amy Simon, Interim Planning Director/Historic Preservation Officer Sarah Yoon, Historic Preservation Planner Kate Johnson, Assistant City Attorney Wes Graham, Deputy City Clerk APPROVAL OF MINUTES: Mr. Kendrick moved to approve the minutes from December 9, 2020; Ms. Thompson seconded. All in favor, motion carries. PUBLIC COMMENT: None COMMISSIONER COMMENTS: Ms. Thompson stated that she is sad to see Ms. Greenwood stepdown. Ms. Greenwood said that she is sad to be leaving as well but the board is doing great. Ms. Greenwood stated that congratulations are in order for Ms. Simon and her new position. Ms. Simon thanked Ms. Greenwood and said that she is excited and will be advertising for a Historic Preservation Planner position in the coming weeks. DISCLOSURE OF CONFLICT: Ms. Thompson stated that she has worked on the project being discussed previously and disclosed this information to Ms. Johnson. Ms. Johnson felt that this was not a conflict of interest since Ms. Thompson no longer is associated with the project. PROJECT MONITORING: Ms. Simon said that communication is ongoing with project monitors. Ms. Yoon said that she will be reaching out to her monitors about new details. CERTIFICATE OF NO NEGATIVE EFFECT: Ms. Simon stated that yes one was issued to Kenichi. She said the sushi restaurant will be expanding its footprint to address indoor dining and COVID-19 restrictions. STAFF COMMENTS: None NEW BUSINESS: 925 King Street- Minor Subdivision Lot Split, Relocation, Demolition, Historic Designation Boundary Line Amendment, Establishment of TDRs. Mr. Moyer moved to continue 925 King Street to January 27, 2021; Mr. Kendrick seconded. All in favor. Motion carried 3-0-2 NEW BUSINESS: 423 N. Second Street- Conceptual Major Development, Relocation. Bill Guth and Ro from Rockett Design and Anne Mcnulty Owner. Ms. Simon said that this is a really exciting project for HPC, that this is a really large Victorian house, and that Aspen does not have too many of these structures left. She explained that the house was relocated to its current location in the 50’s and for unknow reasons repositioned so the front door faces the alley. Ms. Simon added that throughout the year's additions were added like the wrap around porch, breakfast nook. She stated that the design team taking on this project has worked on restoration projects successfully in Aspen, citing 124 West Hallam. Ms. Simon stated that she appreciates how much time and research has gone into this project and the compromise the owner has taken. 91 REGULAR MEETING HISTORIC RESERVATION COMMISSION DECEMBER 16 2020 Ms. McNulty stated that they are very appreciative of the opportunity to present the project. She gave a brief description of her family's ties to Aspen. She said that the plan that will be present will show a lot of improvements and be practical for her family's use. Mr. Ro reviewed the location of the historic resource in the West End of Aspen and how the resource sits on the lot. He showed an existing layout of the lot and indicated where key features are like the front door opening into the alley, the added wrap around porch, and the garage opening up on to Smuggler St. Mr. Ro reviewed the history of the resource and the original location which was on Center St. and W. Francis S and then relocated and realigned to where it sits today. Mr. Ro showed a historic timeline that indicated when any addition was added to the historic resource and said that the obstacle that is at hand is removing the additions while a historic resource is underneath. He showed a detailed list of the non-historic additions on the outside and showed the careful probing work that was done on the internal structure to indicate historic vs non-historic. Mr. Ro stated that the proposed plan would be to remove all the non- historic additions, shift and rotate the historic resource lining the front entrance to Second St, adding of the new addition that extends to the southwest corner with a one-story linking element and garage opening to the alley. He said that due to the nature of the lot there will be a healthy buffer between the new addition and the streets. He explained that from Second St. there is 63’- 1” buffer to the new addition and 30’-1” setback from the Victorian. He said that there is 84’-0” from the Smuggler St. curb and just under 54’ from the front setback. Mr. Ro stated that the main living area and hub will remain in the historic resource and the supporting facilities and garage will make up the addition. Mr. Ro showed the proposed design for the exterior elevation showing that the new addition will be 8’-5” lower than the resource. He showed renderings from all angels to showcase how the resource and the new addition would sit together. Mr. Ro stated that the flat roof form was chosen to keep a quiet form that compliments and is an appropriate contrast to the gable pitch of the resource. He said that the material for the siding of the new addition would be a long and skinny brick that is light and muted to complement the resource siding. He added that there will be wood fenestrations to warm the building. Mr. Ro said that the base of the historic home will have a painted metal base that is neutral. Mr. Guth stated that one of the directives from the owners was to make this whole project welcoming and friendly. He said that this is one of the last grand Victorian homes in Aspen so there was extra thought and care when discussing and planning the new addition. STAFF COMMENTS: Ms. Simon stated that there are a few items that need to be restudied. She said that the east side deck off the connecting element should be eliminated or at the least brought down to a grade-level patio, to create a more sensitive outdoor living area. Ms. Simon stated that the applicant submitted a stormwater mitigation plan that is simple however, there is a dry well that is being proposed on the southeast corner of the property and typically any foreground stormwater structures like this are to be avoided. She suggested that a sod lid could help this situation and said that this can be resolved at the next review. Ms. Simon stated that there is a concern with the fenestration on the non-historic bump-out that faces Smuggler St. She explained that the plan shows for large windows that are not characteristic of the resource. Ms. Simon pointed out that the non-historic front door will need to be redesigned to risible what was once there, a half-light door. Ms. Simon stated that this project does not need to meet the 10’ length requirement for a linking element because the addition is not taller than the resource. She added that there will need to be discussions about the screening element for the activities that are planned on the roof of the connector. Ms. Simon said that the proposed metal foundation band was expectable. She stated that there is a recommendation for a restudy for the location of the 92 REGULAR MEETING HISTORIC RESERVATION COMMISSION DECEMBER 16 2020 new addition. Ms. Simon explained moving the addition 10’ to the west so it is not encroaching on the resource as much. She added that it is typical to see an addition come from the back not the side of a resource and would like to give the resource as much room as possible. Ms. Simon stated that without the gable roof form to link the two structures the material must, especially the siding facing Second St. Ms. Simon stated that staff is recommending continuation of this project. Mr. Moyer asked if they discourage activities on a roof without a screening element. Ms. Simon said that there have been times they have discouraged it, Especially when the new addition is taller than the historical resource. She said in this case we are asking for a screening element to obstruct partial visibility. Mr. Moyer asked if the non-historic bump-out facing Smuggler St. should have different siding to indicate the historic vs non-historic. Ms. Simon stated that is not necessary nor would she want to call that much attention to it. Ms. Greenwood stated that keeping the bump-out is wrong and does not understand the staff position to keep it. Ms. Simon stated that the position is, acknowledging how much is being removed from the building successfully already, and understanding that the internal livability of that space is very valuable. Ms. Greenwood stated that this is a mistake and the applicant could make up the floor area in a different area. Mr. Kendrick asked how old is the bump-out. Ms. Simon stated that it was added after the relocation in the ’50s. Ms. Thompson asked if a variance is needed for the light well on a street-facing façade. Ms. Simon stated that it is recessed behind the front-most façade. Mr. Guth stated that he would like to address some of Ms. Simon's statements. PUBLIC COMMENT: None COMMISSIONER COMMENTS: Ms. Greenwood stated that HPC should discuss the guidelines 10.3 and 10.6. Ms. Sanzone stated that it would be helpful to hear from the applicant in response to Ms. Simon's presentation. Mr. Guth stated that the form of the new addition was studied very heavily and had a hard time finding something that did not compete with resources. He explained that the flat roof is quieter and subtle. Mr. Guth said that they have no problem altering the east side deck to a stone patio and flushing out the details. The sod lid on the dry well is not a problem and that is the intent. He stated that the fenestration on the non-historic addition is a place holder to mimic the resource and is intended to be refined for the final review. The front door was an oversite and is planned to be a half-light door. Mr. Guth stated that replacing the glass railing on the connector roof with a screen element is welcomed. He said that there will be a great detail in restoring the original front deck. He said that the placement of the addition is in the best location. He explained that the side where the connector is located has been altered so much already and the setbacks are pretty large. Mr. Moyer stated that the community will view this house as it sits now with a large welcoming wrap-around porch. He warns of the uproar that happened with the Paepcke house project. Mr. Kendrick stated that he agrees with Ms. Simon that this will be a successful project. He said that the placement of the new addition is in the best placement possible. Mr. Kendrick stated that 93 REGULAR MEETING HISTORIC RESERVATION COMMISSION DECEMBER 16 2020 if the form will not be a gable relation then the material and fenestration are pretty far off. He said he supports moving this forward while monitoring final details. Ms. Sanzone stated that she agrees with Mr. Kendrick’s comments. She said that the placement of the new addition works great with the resource and if moved would take away from the simplicity of the design and not let the Victorian standout. Ms. Sanzone stated that she supports the raised porch on the connector element. She explained that the site is very flat and to achieve positive drainage a flat patio would make that very difficult. She commends the design team for keeping all the historic Cottonwood and Aspen trees. Ms. Thompson said that she agrees with the staff and previously made comments. She said that form and fenestration is the biggest topic for this project. Ms. Thompson stated that the material and fenestration should be restudied. She said that the relocation is very successful and the site plan as well. Ms. Thompson said that she is not opposed to keeping the non-historic bump-out on the Victorian in light of how much work is going into the restoration. Ms. Thompson stated that she agrees with Ms. Sanzone about the east side deck however, it should not meet the resource. Ms. Greenwood stated that she agrees with Ms. Thompson. She said that the form and fenestration have not been met but the location of the new addition and the linking element is perfect. Ms. Greenwood said the relationship between the new architecture and the old architecture is pretty strong when viewed on Second St. except for 10.3 in the design guideline. She explained that in 10.3 a corner lot new addition cannot deviate in form from the historic resource. Ms. Greenwood further explained since the project does not meet the guideline it must be continued and restudied. Ms. Greenwood asked the board how they feel about continuation in regards to design guidelines. Mr. Kendrick stated that there is no need to continue, the applicant has addressed enough of the issues that it can move forward. Ms. Greenwood stated that they have not addressed 10.3 and 10.6. She said that the new addition as a stand-alone is a great building however, with the resource there is no story to tell. Mr. Kendrick asked if this issue could not be addressed with fenestration and materials. Ms. Greenwood said that she droughts that they will do tiny little windows on a modern flat roof building. She said that you almost have to do a roof form that relates to the resource citing 10.3. Mr. Guth stated that these are guidelines and not strict rules. He reiterated that there has been extensive study done on the form and believed that all competed with the resource. Ms. Greenwood stated that Ms. Thompson and herself are architects, and they are sharing their opinion on what will make this a better project. Mr. Moyer stated that he would rather see the new addition be its own element and not fully relate to the resource. Ms. Greenwood disagreed with Mr. Moyer and stated that there does need to be a visual link between the two. Mr. Moyer said that is true and the project at hand, the new addition does not take away fr the resource. Ms. Thompson stated that how she interoperates the guidelines is not to the letter rather a principle application. She said that there needs to be sensitivity to how the two relate. Mr. Kendrick stated that he agrees with Ms. Thompson. He said it does not have to have a gable and if you do that you will lose another part of 10.3 in terms of being subordinate and differential and modest because you will be adding more mass to the additions. Ms. Thompson said she agrees with Ms. Greenwood and the staff to continue. 94 REGULAR MEETING HISTORIC RESERVATION COMMISSION DECEMBER 16 2020 Ms. Sanzone stated that she is torn between moving forward and continuation. She said she would support moving this forward. She explained that the applicant has heard HPC’s concerns and trusts that they will be addressed. Mr. Moyer stated that he is in support of moving this forward and has addressed almost all of the staff's concerns. Mr. Kendrick stated he agrees that this could move forward and with the feedback given they will be able to address the concerns. Ms. Greenwood stated that this is sending a strong message to architects that guidelines don’t matter. Mr. Kendrick stated that he does not agree with Ms. Greenwood that they are that far off the guidelines. Ms. Thompson stated that this does not set a precedent for the board. Ms. Simon stated that the guideline will have to be addressed at final that the decision that is being made now is for the form and that cannot be changed. Ms. Greenwood said that her stance has changed since they have to meet the guideline regardless. Mr. Kendrick stated that he is reconsidering for a continuance so the applicant can address the concern for the form if needed. Ms. Greenwood stated that the staff’s recommendations are good. Ms. Simon stated that she forgot to mention that there is a setback variance being asked for. She explained that the garage, deck on the garage, and basement are intruding on the 10’ setback by 5’. Ms. Simon said that the staff supports the request. Ms. Greenwood said that she always supports the alignment of the garage and basement. She said that is just good building practices. The board agreed with variance. Ms. Sanzone moved to approve Resolution #027-2020 with added condition #3; Mr. Moyer seconded. Ms. Thompson asked if this was a resolution of approval or continuance. Ms. Greenwood stated it was for approval as presented. Roll Call: Mr. Kendrick, Yes; Mr. Moyer, Yes; Ms. Thompson, No; Ms. Sanzone, Yes, Ms. Greenwood; Yes. All in favor, Motion carried 4-1. Mr. Guth thanked Ms. Greenwood for her service on HPC and stated that it was a pleasure to work with her. Ms. Thompson asked if there could have a discussion in the new year about the approval process. Mr. Moyer stated that he would like to have this discussion as well. He said he will miss Ms. Greenwood. Ms. Johnson thanked Ms. Greenwood for her service. Mr. True thanked Ms. Greenwood for her service. Adjourn: All in favor, Motion carried 95 RESOLUTION #27, SERIES OF 2020 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING CONCEPTUAL MAJOR DEVELOPMENT REVIEW INCLUDING RELOCATION AND A SETBACK VARIATION FOR THE PROPERTY LOCATED AT 423 N. SECOND STREET, LOTS F, G, H AND 1, BLOCK 41, CITY AND TOWNSITE OF ASPEN PARCEL ID: 2735-124-14-003 WHEREAS, the applicant, Smuggler FB3, LLC, P.O. Box 2097, Naples, FL 34102, represented by Bill Guth and Ro Rocket Design, has requested HPC approval for Conceptual Major Development, Relocation and a Setback Variation for the property located at 432 N. Second Street, Lots F and G, H and I, Block 41, City and Townsite of Aspen; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, HPC must determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections; and WHEREAS, for approval of Relocation, the application shall meet the requirements of Aspen Municipal Code Section 26.415.090.C, Relocation of a Designated Property; and WHEREAS, for approval of Setback Variations, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.C, Setback Variations; and WHEREAS, upon review of the application, a staff analysis report, evidence presented at the hearing and public comments, HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision.. At their hearing on December 16, 2020, HPC found the application to be consistent with the review standards and granted approval with conditions by a vote of 4 to 1. NOW, THEREFORE, BE IT RESOLVED: Section 1: Approvals HPC hereby approves the proposed project with the following conditions: 1. A rear yard setback variation is granted to allow the structure to sit within 5' of the rear lot line, above and below grade. 2. As part of the approval to relocate the historic house on the site, the applicant will be required to provide a financial security of $30,000 until the house is set on the new IIIIII IIIIIIIIII IIIII IIIII IIIII IIIII IIII II IIII IIIII IIIII IIIIIIIII IIIII IIII RECEPTION#: 672889, R: $18.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 2, 0112512021 at 02:18,27 PM Janice K. Vos Caudill, Pitkin County, CO HPC Resolution #27, Series of 2020 Page 1 of 2 96 foundation. The financial security is to be provided with the building permit application, along with a detailed description of the house relocation approach. 3. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. Section 2: Material Representations 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 Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 3: Existine Litieation 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 4: Severability 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. APPROVED BY THE COMMISSION at its regular meeting on the 16th day of December, 2020. AE d as to Form• e JoAssistant City Attorney ATTEST: Wes Graham, Deputy City Clerk ApCet: Gretq Greenwo air HPC Resolution #27, Series of 2020 Page 2 of 2 97 MEMORANDUM TO:Mayor Torre and City Council FROM:Nancy Lesley, Interim Wheeler Opera House Executive Director THROUGH:Jim True, City Attorney Diane Foster, Assistant City Manager MEMO DATE:January 28, 2021 MEETING DATE:February 9, 2021 RE:Ordinance #2, Series of 2021 Updating Wheeler Advisory Board Ordinance - Second reading REQUEST OF COUNCIL:Staff is requesting Council adopt the latest Ordinance as the guiding document for the Wheeler Advisory Board. SUMMARY AND BACKGROUND: On January 27, 2020 the Wheeler Advisory Board had a joint meeting with City Council and requested changes be made to the current guiding document. At that meeting, the latest Ordinance was not being referenced. DISCUSSION:Ordinance #2, Series of 2021, is designed to repeal and reenact the previous actions of the City Council in establishing a Board of Advisors for the Wheeler Opera House, updating and changing some issues that were raised in the previous work session. This is the second reading for this Ordinance. Council passed this on the first reading at the Council meeting on January 26, 2021, requesting the following language be added “Notice by email shall be deemed acceptable.” On August 5th Jim True discussed the changes proposed, using the correct Ordinance, with the Wheeler Advisory Board and received approval to move forward and ask Council to adopt this proposed Ordinance. A primary change requested by the Wheeler Advisory Board is the ability adopt or modify the Wheeler’s Mission Statement. The proposed Ordinance allows the Wheeler Advisory Board to make a change to the Mission Statement, but only with City Council approval. The new ordinance will also reflect the “Advisory” status of the Advisory Board. ALTERNATIVES:Council could decline to adopt the new ordinance and Ordinance 50 would be the guiding document for the Wheeler Advisory Board. RECOMMENDATIONS:Staff recommends using the proposed Ordinance to guide the Wheeler Advisory Board. CITY MANAGER COMMENTS: 98 ORDINANCE NO. 2 (Series of 2021) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, REPEALING ORDINANCE NO. 50 (SERIES OF 2013) AND RE-ENACTING AN ORDINANCE TO PROVIDE THE AUTHORITY AND DIRECTION FOR THE WHEELER BOARD TO BE GUIDED BY THE ADOPTED WHEELER MISSION AND GOAL STATEMENTS, TO RECONFIRM THE COMPOSITION OF THE WHEELER BOARD AND TO ACKNOWLEDGE THEIR POSITION AS A BOARD OF ADVISORS OF THE WHEELER OPERA HOUSE TO THE CITY COUNCIL. WHEREAS, the City of Aspen owns the historic structure known as the Wheeler Opera House, located at the corner of South Mill Street and East Hyman Avenue in the City of Aspen, Colorado, and has the right and responsibility to manage the same; and WHEREAS, the City Council did appoint a Board of Directors of the Wheeler Opera House to undertake the management of the Wheeler Opera House in accordance with Ordinance No. 10 (Series of 1982); and WHEREAS, the City Council repealed Ordinance No 10 (Series of 1982) and re-enacted an ordinance (Ordinance 63 of 1992) to clarify that the Board of Directors is to function as an advisory board and not a managing board; and WHEREAS, the City Council repealed Ordinance No.63 (Series of 1992) and re-enacted an ordinance (Ordinance No. 5, Series of 2004) to change the powers and duties of the Board of Directors to clarify its role in establishing policies for the Wheeler Opera House and to expand the membership of the Board of Directors fromseven (7) to nine (9) members; and WHEREAS, the City Council repealed Ordinance No.5 (Series of 2004) and re-enacted an ordinance (Ordinance No. 48, Series of 2005) to decrease the membership of the Board of Directors from nine (9) to seven (7) members, one of which was designated as a youth representative, and modified the qualification requirements to eliminate members or candidates that have a conflict of interest as described in the City Charter (Section 4.7) as “a substantial personal or financial interest” in the Wheeler Opera House; and WHEREAS, Ordinance #50, Series of 2013, removed the designation of one of the voting members as a youth representative and returned such board seat to another community representative; and WHEREAS, the City Council, at the request of the Wheeler Board, desires to readopt and codify all pertinent provisions outlined in the previous ordinances and provide within this Ordinance the authority and direction for the Wheeler Board to be guided by the adopted Wheeler Mission and Goal Statements and to acknowledge their position as a Board of Advisors to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Ordinance #50, Series of 2013, is hereby repealed, and the following is enacted: 99 Section 1. Establishment of the Board of Advisors. There is hereby established the Board of Advisors of the Wheeler Opera House for the City of Aspen, Colorado, which Board of Advisors shall serve for an indefinite term and at the pleasure of the City Council. This board shall also be known as The Wheeler Advisory Board. Section 2. Composition; Term; Qualification. The Board of Advisors shall be constituted as follows: (a) Board of Advisors of the Wheeler Opera House shall consist of seven (7) regular members and one (1) alternate member, all of whomshall serve overlapping three (3)-year terms. The Board shall be appointed by the City Council with all appointees designated as at-large appointees who shall be selected primarily for their knowledge of and experience in the performing arts and/or financial, management or marketing capabilities. (b) Except for the filling of vacancies, all terms of appointment shall be for three-year periods, commencing at the time of appointment. (c) The Aspen Music Festival and School (AMFS) or its successor organization that may have the right to the exclusive use of the Wheeler Opera House during the summer season, as per contract through August 2034, shall appoint a representative to fill a permanent, non-voting, ex-officio seat on the Board of Advisors. By virtue of AMFS’s Wheeler Opera House management responsibilities for a significant portion of the year, the AMFS representative shall be entitled to participate in any of the activities and deliberations of the Board but shall not vote. (d) All members of the Board of Advisors shall serve at the pleasure of the City Council and may be removed by majority vote thereof. (e) The Board of Advisors is declared not to be a permanent board within the meaning of Section 8.2 of the Charter of the City of Aspen and, therefore, there shall be imposed no age or residency requirement for membership on the Board of Advisors nor shall candidates for appointment be required to be qualified electors. Section 3. Powers and Duties. Generally, the Board of Advisors is empowered to advise the City of Aspen on the planning and policy related to the daily and long-term operations of the Wheeler Opera House, guided by the adopted Wheeler Mission and Goal Statements, as may be amended from time to time by the Board of Advisors and approved by City Council . These advisement duties shall include the following: (a) Recommend scheduling policy, priorities and rates for the theatre operations; and (b) Recommend operating policy and rental rates for the commercial space in the Opera House building. Section 4. Rules of Procedure. (a) A quorum to transact the business of the Board of Advisors shall consist of four (4) members. 100 (b) At its first meeting (which shall be called by the City Manager), the Board of Advisors shall elect a chairperson, vice-chairperson, and secretary. (c) The Board of Advisors shall establish regular meeting times and days. Special meetings may be called by the chairperson or at the request of any two (2) members on at least twenty-four (24) hours written notice to each member of the Board of Advisors, provided that a special meeting may be held on shorter notice if all members of the Board of Advisors waive notice in writing. No business shall be transacted at any special meeting unless it has been stated in the notice of such meeting. Notice by email shall be deemed acceptable. (d) All regular and special meetings of the Board of Advisors shall be open to the public except for executive (closed door) meetings as are permitted by law. Citizens shall have a reasonable opportunity to be heard and all minutes and other records of action of the Board of Advisors shall be made available to the public. (e) The Board of Advisors may adopt by-laws for the conduct of its business not inconsistent with this ordinance and the Charter of the City of Aspen and shall adopt such rules of procedures as it deems necessary. Section 5. Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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. Section 6. Public Hearing A public hearing on the ordinance shall be held on the 9th day of February 2021, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 26 th day of January 2021. Torre, Mayor ATTEST: Nicole Henning, City Clerk FINALLY adopted, passed and ordered published this 9 th day of February 2021. Torre, Mayor ATTEST: Nicole Henning, City Clerk 101 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Ben Anderson, Principal Long-Range Planner Community Development THROUGH: Phillip Supino, Community Development Director MEMO DATE: February 2, 2021 MEETING DATE: February 9, 2021 RE: Resolution # 016, Series of 2021; Action Item Council authorization to submit Code Amendment proposed by a private party REQUEST OF COUNCIL: The Land Use Code (LUC) allows for private parties to propose Amendments to the LUC if the process is authorized by City Council. This resolution, if approved, would allow the applicant, in working with staff, to propose a formal LUC Amendment that would then utilize the typical provisions and process for amending the LUC. Specifically, the resolution would do the following: 1)Authorize submission of a Land Use Application for a proposed LUC Amendment. This does not suggest or infer that Council would approve the Code Amendment – only that the process could be pursued. 2)Establish Council expectations for degree of outreach/input in amendment process. 3)Establish if applicant shall pay LU application fees. Staff recommends Council support the applicant’s request to pursue an amendment to the LUC by approval of Resolution # 016, Series of 2020. SUMMARY AND BACKGROUND: In late 2020, Community Development staff received a request from Chris Bendon of BendonAdams, LLC (on behalf of a client) to consider the possibility of amending the LUC to accommodate multi-family housing on lots less than 6,000 square feet in the Residential Multi-Family (R/MF) and Residential Multi-Family-A (RMFA) Zone Districts. Unlike other zone districts, RMF and RMFA have a scaled intensity (allowable floor area) depending on the lot size and proposed density (# of units). This relationship was created specifically to encourage multi-family housing. Due to the intersection of the current zone district limitations and the non-conformities chapter, on a lot of less than 6,000 square feet in these zone districts, the only allowed use would be a single-family residence. 102 Staff Memo – Resolution # 016 Page 2 of 3 Exhibit A to this memo provides a narrative from Mr. Bendon that outlines and explains the issue and the basis of the proposed amendment. In essence, the proposal would amend three sections of the LUC: 26.312, Non-conformities; 26.710.090, Residential Multi-Family; and 26.710.100, Residential Multi-Family. The outcome of an approved code amendment would allow multi-family development on lots of less than 6,000 square feet in these zone districts. In the proposal, all other dimensional limitations in the zone districts would remain applicable and unchanged. It should be noted for Council’s consideration that this type of development is currently allowed in these zone districts on lots designated to Aspen’s Inventory of Historic Sites and Structures. Despite the intent of the RMF and RMFA zones to permit the development of multi-family housing, the same development benefit is not afforded to non-historic lots. DISCUSSION: Staff does believe that this type of amendment could be consistent with conversations that Council has had related to coordination of the Land Use Code and Affordable Housing goals. It is possible that the outcomes of this proposed amendment would be included in an eventual package of recommendations from staff related to zone district limitations on the development of affordable housing. However, this type of change is planned for staff’s second phase of work (likely to be initiated in mid-2021) on LUC/AH coordination. This timeline does not meet the needs of Mr. Bendon’s client, so they seek the code amendment as a standalone item. The evaluation for Council tonight is not whether the details of a proposed Amendment are sound or if it might meet the established review criteria for amendments to the LUC. Instead, it is whether the applicant can pursue a code amendment as specified in the LUC. Staff recommends the following (as outlined in Resolution #016): 1) Council authorize the applicant to pursue the Amendment to the LUC. 2) Council grants flexibility to staff and the applicant to identify appropriate community outreach efforts but requires that any proposed amendment will first receive a recommendation from the Planning and Zoning Commission before returning to Council for consideration. 3) The applicant shall submit a deposit for LU application fees as identified in 26.104.070; ($7,800 for 24 hours of Planning staff time). FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: Council may choose to deny Resolution #016 or approve with amendments. 103 Staff Memo – Resolution # 016 Page 3 of 3 RECOMMENDATIONS: Staff recommends approval of Resolution # 016, Series of 2021, as provided. CITY MANAGER COMMENTS: EXHIBIT A: Narrative from BendonAdams regarding the proposed amendment 104 RESOLUTION # 016, (SERIES OF 2021) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL PROVIDING AUTHORIZATION FOR A PRIVATE PARTY TO PURSUE AN AMENDMENT TO THE CITY OF ASPEN LAND USE CODE. WHEREAS,pursuant to multiple chapters of Title 26 (Land Use Code) of the City of Aspen Municipal Code, The Community Development Department is given responsibility to regulate broad range of development outcomes; and, WHEREAS,Section 26.310.020, Amendments to the Land Use Code procedure for amendment, of the Land Use Code allows for the submission of an application for a Land Use Code Amendment from a private party if authorized by City Council; and, WHEREAS,Community Development staff received a request related to a proposed amendment from Chris Bendon of BendonAdams LLC, on behalf of a client, Tri Dal Real Estate, Ltd; and, WHEREAS,the Community Development Director has reviewed the request for the proposed amendment and recommends that an application be authorized; and, WHEREAS,at a regularly scheduled meeting on February 9, 2021, City Council considered the request and by a X-X (X-X) vote, approved Resolution #016, Series of 2021, authorizing that an application for an amendment can be submitted and reviewed; and, WHEREAS,the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Authorization for Submission of a Code Amendment Application A. This resolution authorizes BendonAdams, on behalf of Tri Dal Real Estate, Ltd., to submit an application for a proposed amendment to the following Land Use Code Sections: 26.312.050 – Non-conforming lots of record 26.710.090 – Residential Multi-Family (RMF) Zone District 26.710.100 – Residential Multi-Family – A (RMFA) Zone District B. The applicant and staff shall pursue an appropriate community outreach effort on the proposed code amendment that will include a recommendation to City Council from the Planning and Zoning Commission on the proposed amendment. C. The applicant shall submit a deposit for land use review fees, consistent with 26.104.070, Land Use application fees. 105 D. The authorization to submit an application does not provide or suggest Council support or approval for a code amendment, only that an application may be submitted. Section 2: 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 resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 3: 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. FINALLY, adopted this 9th day of February, 2021. _______________________________ Torre, Mayor ATTEST:APPROVED AS TO FORM: _____________________________________________________________ Nicole Henning, City Clerk James R True, City Attorney 106 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM January 11, 2020 Ben Anderson Long-Range Planner City of Aspen 130 South Galena Street Aspen, CO 81611 RE: Application for Code Amendment Mr. Anderson, Please accept this proposal to amend the City of Aspen Land Use Code (“Code”). The City’s Residential Multi-Family (RMF) and Residential Multi-Family A (RMFA) Zone District contain the City’s most-dense neighborhoods. These areas are also where the City should expect high-density projects to be developed. In fact, the City’s zoning incorporates height and floor area incentives for higher-density projects. However, smaller parcels (sub-6,000 square feet) in the RMF zones appear restricted to a single-family home. There are two specific sections of the Code that present a barrier to developing multi-family residential housing in the City’s high-density zone districts: This application respectfully requests to amend one or both of these sections to allow multi- family developments in high-density residential zones and to align the Code with the goals and objectives of the 2012 Aspen Area Community Plan and City Council initiatives. This proposal is submitted on behalf of Tri Dal Real Estate, Ltd. Introduction The purpose of both the RMF and RMFA Zone districts is “for intensive long-term residential purposes, short term vacation rentals, and customary accessory uses.” Permitted uses include single family, duplex, and multi-family residential among other accessory uses such as accessory dwelling units and home occupations. Both zone districts are located within walking distance to transportation routes and are surrounded by residential uses as illustrated in Figure 1. 107 The Code specifies a minimum lot size of 6,000sf for non-historic lots (and a minimum lot size of 3,000sf for historic lots created as part of a historic landmark lot split) in the RMF and RMFA Zone Districts. Non-historic lots that are smaller than 6,000sf are considered “non-conforming lots of record” which are only allowed to be developed as a single-family home. Non-conforming historic lots of record that contain a historic resource are allowed to be developed pursuant to the permitted uses in the zone district. The specific language in the Nonconformities Chapter is noted below, bold added for emphasis: Sec. 26.312.050. - Nonconforming lots of record. (a) General. A detached single-family dwelling and customary accessory buildings may be developed on a lot of record if: 1) The lot of record is in separate ownership and not contiguous to lots in the same ownership; and 2) The proposed single-family dwelling can be located on the lot so that the yard, height, open space and floor area dimensional requirements of the zone district can be met or a variance is obtained from said dimensional requirements pursuant to Chapter 26.314. (b) Undivided lot. If two (2) or more lots or combinations of lots with continuous frontage in single ownership (including husband and wife as in all cases a single owner) are of record as of November 22, 1971, regardless of time of acquisition Figure 1: Aerial view of City of Aspen. RMF and RMFA are highlighted in beige, and the red line delineates the City of Aspen boundary. 108 and if all or parts of the lots do not meet the requirements established for lot width and area, the lots shall be considered an undivided parcel and no portion shall be used or occupied which does meet the width and area requirements of this Title. (c) Historic property. A lot of record containing a property listed on the Aspen Inventory of Historic Landmark Sites and Structures need not meet the minimum lot area requirement of its zone district to allow the uses that are permitted and conditional uses in the district subject to the standards and procedures established in Chapter 26.415. Proposal A Code amendment to allow multi-family residential use on lots smaller than the minimum lot area requirement in the RMF and RMFA zone districts is proposed. There are roughly 24 lots with RMF and RMFA designations that we have identified as not meeting the 6,000sf minimum size requirement, of which 9 are historic properties. Coordination with Aspen Area Community Plan Allowing multi-family residential on substandard lot sizes aligns with the 2012 Aspen Area Community Plan that states a commitment to “achieving sustainable land use practices that support a healthy year-round community and a thriving, vibrant visitor-based economy.” Higher density residential compared to single family development is more environmentally and socially sustainable. The Housing Chapter of the Aspen Area Community Plan elaborates on the importance of multi-family housing to the local economy: “we believe that 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.” In addition, the 2019 Greater Roaring Fork Regional Housing Study directly addresses the impact of affordable housing on local employers and on local employees: “In a key finding from the research, there is broad agreement among employers of all sizes that affordable housing is a problem for residents. This opinion is shared by residents. Most employers feel that affordable/employee housing is a serious issue, with 28% rating it as ‘the most critical problem in the area,’ and 48% rating it as ‘one of the more serious problems.’” Permitting only single-family homes on substandard lot sizes, as the Code is written today, excludes the potential for onsite affordable housing in the RMF and RMFA zone district. Mass and Scale Impacts Amending the Code to allow multi-family residential calls into question potential concerns about mass, scale, and neighborhood compatibility with high density buildings on small (less than 6,000sf) lots. Mitigation requirements in the current Code determine maximum density for a lot – for example, onsite parking standards are the most influential requirement to establishing maximum potential density for a lot. There are only so many 8.5 feet x 18 feet parking spaces that will fit across the rear of a small lot; and the Code has a 1 space per unit mitigation requirement which means that smaller lots will be limited in the number of units that can be parked onsite. 109 The existing floor area and height limitations in the RMF and RMFA Districts are based on density and lot size which results in smaller projects on smaller lots. More units equal a higher allowable floor area with a maximum floor area cap of 1.5:1, and maximum height is also based on density and has a limit of 32 feet. These restrictions encourage density but at the same time encourage neighborhood compatibility by relating floor area directly to lot size. Overall, current mitigation requirements, design standards, and zone district requirements control density, and in turn, keep mass and scale of multi-family residential projects within reason. A Code amendment to allow multi-family projects on lots smaller than 6,000sf should not result in large projects that are out of scale with the neighborhood. We look forward to a policy level discussion with City Council and Community Development about this topic. The proposed concept is simple with an expected positive impact on the community and affordable housing goals. Current Code limitations and restrictions already in place control unintended consequences associated with allowing multi-family on smaller lots. Thank you for your consideration of this amendment and please reach out with any questions or for additional analysis or information. Sincerely, Chris Bendon, AICP BendonAdams, LLC Attachments: 1. Land Use Application 2. Authorization to represent 3. Pre-application summary 110