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HomeMy WebLinkAboutagenda.council.regular.202207261 AGENDA CITY COUNCIL REGULAR MEETING July 26, 2022 5:00 PM, City Council Chambers 427 Rio Grande Place ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://zoom.us/j/99274924369?pwd=Q1VTdUtLbG52bkFxV0lFTUcxMEhVUT09 Passcode: 81611 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 Webinar ID: 992 7492 4369 Passcode: 81611 International numbers available: https://zoom.us/u/adLhtb5Uen 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) 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 (These matters may be adopted together by a single motion) VI.A.Resolution #093, Series of 2022 - Paepcke Transit Hub Change Order 2 1 2 VI.B.Resolution #094, Series of 2022 – Lumberyard Design Team Contract Amendment to Add 2022 Entitlements Planning Services and Related Consulting Services VI.C.Draft Minutes of June 30th, 2022; July 12th, 2022; and July 18th, 2022 VII.NOTICE OF CALL-UP VIII.FIRST READING OF ORDINANCES VIII.A.Ordinance #15, Series of 2022, 470 Rio Grande Place, Theater Aspen, Minor Amendment to a Planned Development Project Review Approval IX.PUBLIC HEARINGS X.ACTION ITEMS XI.ADJOURNMENT 2 1 MEMORANDUM TO:Mayor and Council FROM:Michael Horvath, PE, Project Manager THRU:Tricia Aragon, PE, City Engineer Scott Miller, Director of Public Works Pete Rice, PE, Deputy City Engineer DATE OF MEMO:July 19, 2022 MEETING DATE:July 26, 2022 RE:Council Meeting - Paepcke Transit Hub Project Change Order REQUEST OF COUNCIL: Staff is recommending approval for a change order to the construction contract with Gould totaling $230,695. SUMMARY: Council approved a contract withGould Constructionon March 8, 2022and Change Order 1 on May 10, 2022, for the construction of the Paepcke Transit Hub Project. Since that time, staff have discovered a displaced section of stormwater pipe adjacent to the project. Staff is requesting Council approve Change Order 2 to the Gould construction contract to include replacement of the displaced section of pipe. BACKGROUND:The Paepcke Transit Hub project seeks to improve access, comfort and safety for users of transit, bike share, car share and pedestrian/cycling options at one of the busiest locations in Aspen. Specifically, the Paepcke Transit Hub project will: Create a safer inbound transit stop on Garmisch Street by providing a formal bus stop and supporting pedestrian connections. Create safer pedestrian crossings at intersections at or near Highway 82 and Garmisch Street by improving the geometric design of pedestrian routes, the visible site lines between vehicles and pedestrians and pedestrian crossing indications. Create a safer, more comfortable transit stop for outbound passengers at Aspen’s second busiest outbound bus stop by providing a shelter, real time transit signage, trash receptacles and other amenities. Provide power to the car and bike share stations, allowing for the installation of an electric car share vehicle and electric bikes at this key location as well as increased bike share capacity. Several areas near the outbound bus stop need improved slopes to convey storm water properly. During rain events or a snowmelt period, considerable amounts of water pool near the outbound bus stop creating unsafe and uncomfortable conditions. Pedestrians need to walk through water 3 2 and ice during several periods of the year making it difficult to load buses. The project plans to improve the stormwater system in the vicinity of the proposed surface improvements. This project was designed in 2020 & 2021, with extensive outreach to the community. Council approved the design in 2021. Gould Construction was chosen as the construction contractor and the contract was approved by Council on March 8, 2022. DISCUSSION: The project team recently exposed the existing storm main line in Garmisch Street to install an inlet box at the proposed tie in location (north side of Main St at Garmisch St). That section of stormwater pipe connecting to inlet box and conveying flow from under Main Street is located approximately 1’ higher in elevation than the design elevation due to displacement. This was/is contributing to the storm line deteriorating to the point of possible failure as it does not allow for positive drainage/conveyance within the existing pipe system. Another 57 linear feet of pipe and a new manhole are required to create positive drainage within the storm system. The project design team did not have access to this area of the storm pipe during the survey/information gathering stage of the project because this section of pipe was inaccessible. Because the design team was unable to access this section of pipe, engineering assumptions were made to design the system per industry best practices. Displacement of the pipe created a situation in which the assumptions/design did not account for. The storm line elevation at the tie in point (outfall) prevents positive flow through the storm system during storm events. This creates a ponding situation within the inlet box and surrounding pipes, which over time will deteriorate the infrastructure quickly. In the picture below the existing outfall on the right side of the picture is above the newly installed concrete pipe, creating negative drainage. Therefore, staff recommends immediate replacement to create a functioning storm system in the area. Picture 1: Existing Pipe Elevations with Temporary Tie In’s 4 3 Staff finds great benefit that a project is already planned in the area. A portion of this pipe was already included in the project design, budget, and construction contract. However, an additional 57 linear feet was determined necessary for replacement to create positive drainage and therefore a change order of $230,695 is requested. This additional scope to the project does not require significant additional design and does not change the above-surface portions of the approved design. This addition to the project will minimally increase the duration of the project. All the contracts are listed in detail under the FIANCIAL/BUDGET section of this document. FINANCIAL/BUDGET IMPACTS: Funding for the change order 2 will be provided from the Stormwater Fund (160 Fund) and will be formally requested during the 2022 Fall Supplemental. Funding: 2022 Paepcke Transit Hub Project: Phase 5 $1,650,000 2022 Small Lodge Fund $79,418 2022 Utility Distribution Maintenance Fund $77,364 2022 Electrical Cable Replacement Fund $103,520 2022 Spring Supplemental (Transportation Account) $685,331 2022 Spring Supplemental (Amp Fund) $685,331 2022 Reappropriated Engineering Projects $1,133,064 2022 Fall Supplemental (Stormwater Fund Change Order 1) $238,840 2022 Fall Supplemental (Stormwater Fund Change Order 2) $230,695 TOTAL $4,883,563 Expenditures Construction Administration (Design Consultants) $45,688 Construction Geotechnical Inspections & Testing (Ground Engineering) $18,170 Construction Inspections/Management (Phil Vaughan Construction Management) $163,849 Tree Removal (Aspen Tree Service) $4,365 Public Outreach (PR Studio) $45,975 Construction Contract(Gould Construction) $4,000,160 Change Order 1 (Gould Construction) $238,840 Change Order 2 (Gould Construction) $230,695 Contingency (approx. 3%) $135,821 TOTAL UP-FRONT COSTS $4,883,563 Reimbursements CDOT MMOF Grant $650,392 CDOT RMS Grant $150,000 Main St Bakery Development $6,840 RFTA $50,000 TOTAL REIMBURSEMENTS $857,232 TOTAL AFTER PROJECT REIMBURSEMENTS $4,026,331 5 4 ENVIORONMENTAL IMPACTS: The project seeks to increase the usability of the entire corridor for alternative methods of transportation. The improved bus stops and amenities with greater pedestrian connections should upsurge the use and convenience for bus riders in the area. The new paver We-Cycle stations will increase the capacity of the bike share program as well as provide infrastructure for future electrification of the shared bikes. Two electrical vehicle (EV) charging stations will be installed; one for public use and one for Car-to-Go. The EV charging stations will decrease the reliance on fossil fuels and influence individuals towards the use of electrical vehicles. This proposed combination of infrastructure ultimately will produce more multimodal users within the City of Aspen with less reliance and use of fossil fuel vehicles. RECOMMENDATION: Staff recommends Council approve the construction Change Order 2 to the contract with Gould Construction in the amount of $230,695. PROPOSED MOTION:“I move to approve Resolution No. 093, Series of 2022.” ALTERNATIVES: Staff has explored the below alternative options: 1) The City can postpone the replacement of the displaced stormwater system. This would likely increase eventual replacement costs as the City would be responsible for paying contractor mobilization, traffic control, etc.outside of an existing project. This would also cause an additional period of disruption to the community. If the stormwater pipe continues to remain in place, it will negatively affect the newly installed infrastructure installed by the Paepcke Transit Hub project by creating a ponding issue within the infrastructure. CITY MANAGER COMMENTS: ______________________________________________________________________________ ATTACHMENT A – Construction Change Order Form ATTACHMENT B – Scope of Change Order 2 6 Change Order Form Revision 12/08/2021 Page 1 of 2 Change Order Form General Information Vendor Gould Construction Change Order Number 2 Date of Issuance Project Name Paepcke Transit Hub Project Number 50486 Project Completion Date June, 2023 Project Manager Mike Horvath COA Account Code 000.327.81200.57210.50486 Project Information Description Of Service Construction of the Paepcke Transit Hub project Description Of Change Order Additional Storm Line Replacement north of Main St Contract Information Original Contract Amount $4,000,160 Previous Change Order(s) $238,840 DocuSign Envelope ID: F94BA639-6970-4B43-81EF-DE25C49474C4 2021-187 July 14 2022 7 Change Order Form Revision 12/08/2021 Page 2 of 2 Change Order Amount (If Over 50k Change Order To Be Presented To Council For Approval) $230,695.00 Final Contract Amount (Including All Change Orders) $4,469,695.00 Revised Completion Date June 2023 Signature 1. Contractor (Required) 2. Project Manager (Required) 3. Department Head (Required) 4. Procurement Officer (Required) 5. City Attorney (Required Based On Value Of Thresholds) 6. City Manager (Required Based On Value Of Thresholds) Original contract, if applicable all other change orders, and vendor quote for requested change order must be attached to this document. For additional information: See Procurement Policy “Change Orders And Add Services Request” (page 30). DocuSign Envelope ID: F94BA639-6970-4B43-81EF-DE25C49474C4 7/15/2022 | 10:16:26 AM MDT 7/15/2022 | 9:23:16 AM PDT 7/15/2022 | 2:07:26 PM MDT 7/15/2022 | 2:45:52 PM MDT 7/15/2022 | 3:59:16 PM MDT 8 Peapcke - (North Garmisch) 48" RCP Storm Drain 6874 HWY 82, Glenwood Springs, CO 81601 P.O. Box 130, Glenwood Springs, CO 81602 Evan Shintaku 720-537-1389 Contact: Phone: Fax: Job Name:Quote To:Mike Horvath Date of Plans:Attn: Address: Phone:Proposal Date:6/28/22 Email:eshintaku@gouldconstruction.com AMOUNTITEM DESCRIPTION QUANTITY UNIT UNIT PRICE Mob and GCs LS1.00 1 1,778.00 1,778.00 Remove 36in CMP LF57.00 10 45.00 2,565.00 Removal of Asphalt (if needed)SY10.00 15 40.00 400.00 Remove Asphalt Mat (planing) (if needed)SY10.00 18 21.00 210.00 Removal of C&G (if needed)LF45.00 19 48.00 2,160.00 Removal of Sidewalk SY19.00 20 117.00 2,223.00 Curb and Gutter (if needed)LF45.00 23 105.00 4,725.00 Sidewalk SY19.00 24 166.00 3,154.00 HMA Patching if required)TON6.00 25 337.50 2,025.00 Concrete Collar around 48" RCP into inlet (if need EA1.00 29 3,300.00 3,300.00 48in RCP LF57.00 30 586.00 33,402.00 Tie-in RCP to existing CMP EA1.00 31 3,600.00 3,600.00 Cut 60" x 60" hole into inlet and grout EA1.00 32 4,200.00 4,200.00 Aggregate Base Course (Class 6) Final 4ft CY115.00 33 202.50 23,287.50 Flowfill (up to top of pipe)CY65.00 35 290.00 18,850.00 Repair sprinkler system (allowance)LS1.00 40 1,500.00 1,500.00 Install Sod SF320.00 45 6.00 1,920.00 DECIDUOUS TREE (4 INCH CALIPER)EA1.00 46 1,260.00 1,260.00 Potholing HR4.00 50 670.00 2,680.00 GRAND TOTAL 113,239.50 NOTES: Qualifications/Notes: 4 working days to be added to the construction schedule. 1. Proposal is valid for (30) calendar days. 2. Davis-Bacon and/or prevailing wages are excluded. 3. Any item not specifically mentioned in the scope of work is excluded. 5. Material/Soils testing is excluded. 6. Special Insurance (Can be provided at additional cost). Page 1 of 2 9 Peapcke - 8ft MH N Garmisch 6874 HWY 82, Glenwood Springs, CO 81601 P.O. Box 130, Glenwood Springs, CO 81602 Evan Shintaku 720-537-1389 Contact: Phone: Fax: Job Name:Quote To:Mike Horvath Date of Plans:Attn: Address: Phone:Proposal Date:5/2/2022 Email:eshintaku@gouldconstruction.com AMOUNTITEM DESCRIPTION QUANTITY UNIT UNIT PRICE Mob and GCs LS1.00 1 3,000.00 3,000.00 Remove Existing MH EA1.00 5 4,500.00 4,500.00 Remove Asphalt Mat SY12.00 15 40.00 480.00 Removal of Sidewalk SY13.00 17 117.00 1,521.00 Remove Asphalt Mat (planing)SY5.00 18 21.00 105.00 Removal of C&G LF20.00 19 48.00 960.00 Aggregate Base Course (Class 6) Final 4ft CY60.00 20 202.50 12,150.00 Flowfill (bottom Half)CY60.00 22 290.00 17,400.00 Curb and Gutter LF20.00 23 105.00 2,100.00 Sidewalk SY17.00 24 166.00 2,822.00 HMA Patching TON5.00 25 337.50 1,687.50 Allowance - Relocate / Work with Primary Electirc LS1.00 26 6,000.00 6,000.00 12in and 6in pup and tie in LS1.00 32 2,300.00 2,300.00 36in CMP pup and tie in LS1.00 33 5,400.00 5,400.00 8ft Manhole EA1.00 35 41,700.00 41,700.00 TC - Fence and Barricade LS1.00 44 2,400.00 2,400.00 TC - Garmisch Closure DAY5.00 45 350.00 1,750.00 Potholing HR10.00 50 670.00 6,700.00 Install Sod SF120.00 60 6.00 720.00 DECIDUOUS TREE (4 INCH CALIPER)EA1.00 61 1,260.00 1,260.00 Allowance - Remove and Rewled Hand Rail (if needed LS1.00 70 2,500.00 2,500.00 GRAND TOTAL 117,455.50 NOTES: Qualifications/Notes: 5 working days to be added to the construction schedule. 1. Proposal is valid for (30) calendar days. 2. Davis-Bacon and/or prevailing wages are excluded. 3. Any item not specifically mentioned in the scope of work is excluded. Page 1 of 2 10 RESOLUTION #93 (SERIES OF 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GOULD CONSTRUCTION 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 change order for additional storm system replacement, between the City of Aspen and Gould Construction, 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 Change Order for, $230,695 between the City of Aspen and Gould Construction 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 26 day of July 2022. 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, July 26, 2022. Nicole Henning, City Clerk 11 Page 1 of 4 MEMORANDUM TO: Mayor and Council Members FROM: Chris Everson, Affordable Housing Development Project Manager THROUGH: Rob Schober, Capital Asset Director MEMO DATE: July 18, 2022 MEETING DATE: July 26, 2022 RE: Resolution #094 of 2022 – Lumberyard Design Team Contract Amendment to Add 2022 Entitlements Planning Services and Related Consulting Services REQUEST OF COUNCIL: Staff is requesting approval of Resolution #094 of 2022 and the associated contract amendments with Cushing Terrell as described below. BACKGROUND: On July 27, 2021, Aspen City Council approved the initial contract with Cushing Terrell as architecture and engineering (AE) design team lead for the Lumberyard affordable housing development. The contract was recently amended on June 27, 2022 to add Design Development (DD) design services and design support for the land use entitlements process, and the contract sum was updated to be $1,622,855.00. In a memo to Council regarding the June 27, 2022 contract amendments, staff described the necessity for additional services related to further air quality study, operational process and property management consulting, and additional project financing consulting. The memo also described that the ongoing role of project entitlements planner will be adopted by Cushing Terrell. Staff informed Council at the time that those additional services would be presented to Council for approval at either the July 12 or July 26 City Council regular meeting consent agenda. DISCUSSION: With the land use entitlements public hearing process approaching, the additional services described below are now needed: (1) Entitlements Planning and Facilitation: The ongoing role of project planner will be adopted by Cushing Terrell. It is necessary to plan for the upcoming land use entitlements process. Cushing Terrell will be adding experienced entitlements planning staff to the project team to take on this role. Collaboration, research and development of the Lumberyard affordable housing development ap plication and preparation and support for the land use public hearing process is set to be underway. As part of this additional fee with Cushing Terrell, the project team is planning to present a draft of the Lumberyard affordable housing development application in 12 Page 2 of 4 additional community outreach and to City Council in September and October 2022. With public feedback in hand at that time, the project team will seek Council approval to submit the development application to the City of Aspen Community Development Department. This will kick off the formal land use entitlements public hearing approval process for the Lumberyard affordable housing development, and Cushing Terrell will facilitate planning activities related to that process through the end of 2022 as part of this additional fee. Additional Fee: $333,754.00 (2) Operations and Property Management Consulting: At the 100% SD Council work session on May 16, 2022, the team began to hear many questions about the future operational processes and staffing needs for the proposed Lumberyard facilities. Tim Zaleski is a property management consultant based in Denver and former president of a nationally acclaimed leader in the operational management of affordable housing developments. Mr. Zaleski will analyze current operating cost data in the Aspen market and estimate operating costs for the Lumberyard facilities, including anticipated staffing needs for operations and upkeep of the facilities. Additional Fee: $20,000.00 (3) Air Quality / Environmental Consulting: At the Aspen City Council work session on May 16, 2022, there were questions about a need for further air quality study for the Lumberyard site. Although, the air sample test results to this point suggest ambient concentrations of possible air toxics to be at safe levels when measured using 24- hour sampling, questions remain about whether there may be additional appropriate benchmarks or guidelines for comparison of the test results and whether additional testing is needed. Leonard Slosky is a Colorado registered Professional Environmental Scientist and a California Registered Environmental Assessor with over 30 years of experience. He is an active member of the ASTM committee that developed ASTM Standard Practices for Environmental Site Assessments. Mr. Slosky will conduct a technical peer review of the 2022 Air Resources Specialists Lumberyard Air Monitoring Data Report. As part of his peer review, Mr. Slosky will focus on appropriate benchmarks for comparison of the test results to date, any gaps in the testing methodology and recommendations on further testing as needed based on his professional opinion. Mr. Slosky will also provide consulting services related to additional overall project environmental readiness such as asbestos testing and recyclability of existing on site materials. Additional Fee: $28,000.00 (4) There is a need for ongoing financial planning and financing consultation. As the project progresses nearer to being “shovel-ready”, it becomes more crucial to plan for and engage further with administrators of state and federal funding sources that can be leveraged to support the implementation of the Lumberyard affordable housing project. As part of this additional fee, Tom Currell with Currell Program Management 13 Page 3 of 4 will continue to work with the team to refine the landscape of potential funding sources, research, correspond, and prepare a funding matrix that identifies grant and loan resources the City can tap into for each phase of implementation for the Lumberyard project. Additional Fee: $36,652.00 Total Additional Fees for Approval 7/26/2022 $418,406.00 Updated Cushing Terrell Contract Total: $2,459,667.00 FINANCIAL IMPACTS: The additional services described above have been customized to fit with the remaining available project budget for 2022. As the project effort moves into 2023, additional scope of services will be further analyzed and proposed for continued project advancement. The project budget for 2023 will be proposed as part of the City’s usual annual budget process and will be discussed during the upcoming City Council budget work sessions in October. The following information is included to provide context around the pace of expenditures to this point in the project: The recent City of Aspen / Aspen Housing Partners PPP rental projects which created 45 new rental units at 802 West Main Street, 517 Park Circle and 488 Castle Creek had about 11% of development costs in design, engineering and professional services soft costs. The City's current Burlingame Ranch Phase 3 project has about 12% of development costs in design, engineering and professional services soft costs. Due to the scale economy afforded on this project, the 100% SD phased project estimate which was presented to Council at the May 16, 2022 Aspen City Council work session includes about 8% of development costs in design, engineering and professional services soft costs, or approximately $30 million over the course of a 13 year implementation plan. Including the June 27, 2022 approved DD design services and the additional services described herein, nearly $3 million in design, engineering and professional services soft costs have been contracted to date. Of that amount, about $1.6 million have been paid out to this point. The $3 million in services contracted through the end of DD equates to about 10% of the total design, engineering and professional services soft costs estimated for the project , while the $1.6 million spent to date is just under 5.5% of design, engineering and professional services soft costs estimated for the project. Considering the services described will bring the project through 100% DD and about 50% of the way through the entitlements approval process, this is neither an alarming nor atypical pace of professional services contracting and expenditure for a development of this nature and scale. These benchmarks instead suggest that Council is exercising an 14 Page 4 of 4 appropriate standard of care as it relates to the overall planning, design and engineering due diligence for the project. RECOMMENDATIONS: Staff recommends approval of Resolution #094 of 2022 and the associated contract amendments. CITY MANAGER COMMENTS: EXHIBITS: Exhibit A: Cushing Terrell Add Services AIA G802 Contract Amendment 15 RESOLUTION #094 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT AMENDMENT BETWEEN THE CITY OF ASPEN AND CUSHING TERRELL, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Contract Amendment between the City of Aspen and Cushing Terrell, 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 the Contract Amendment between the City of Aspen and Cushing Terrell, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said Contract Amendment on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 26th day of July, 2022. 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 July 26, 2022. Nicole Henning, City Clerk 16 17 1 REGULAR MEETING ASPEN CITY COUNCIL JUNE 30, 2022 At 2:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein, Richards, and Mesirow present. PUBLIC HEARINGS: Ordinance #13, Series of 2022 – Residential Building – Response to Moratorium and Ordinance #14, Series of 2022 – Annual Update to Housing Fee-in-Lieu Phillip Supino, Community Development Director; Ben Anderson, City Planner; and Jessica Garrow, Design Workshop; were present to discuss both Ordinances. Mr. Supino said they have prepared responses for what was asked on Tuesday night. He said the way that staff engaged with the public, they heard from hundreds of respondents from a broad variety of people. Tuesday night, we heard from a narrow group of people who are affected. Mr. Supino explained the difference between option 1 and option 2. Councilor Richards said she can support either direction, but tends to believe the original ordinance is sufficient, but would make a modification to increase the annual allotments to eight and leave the multiyear process in place. Councilor Mesirow said he favors option 1. We don’t want to create an unfair playing field. Councilor Hauenstein said it seems like everyone is on the same page with option 1. Mayor Torre said he still supports option 2. He said option 2A is a creation of somewhere in between. Council continued discussion. Councilor Richards motioned to approve Ordinance #13, Series of 2022 with the language changed to include section 2A as we’ve seen here on screen and make any other language changes in the document for alignment; Councilor Hauenstein seconded. Councilor Mesirow said he appreciates the goal of having a unified approach and is asking for an amendment to the motion and go from eight to seven. Councilor Doyle said he’s disappointed. He will go along with Councilor Mesirow’s suggestion of raising to seven. Councilor Richards said she’s not supportive of that change. Councilor Mesirow motioned to amend the motion to adopt with option 2A but limiting the additional number from 2 to one; Councilor Doyle seconded. James R. True, City Attorney, said to clarify, the motion is to amend the second sentence there where it says “up to two allotments”, so it should say, “one additional allotment”. Mayor Torre said he does not support the amendment to the motion. Councilor Hauenstein said he’d like to stick with the original and doesn’t support the amendment. Roll call vote: Doyle, yes; Hauenstein, no; Mesirow, yes; Richards, no; Torre, no. 2-3, motion fails. 18 2 REGULAR MEETING ASPEN CITY COUNCIL JUNE 30, 2022 Councilor Mesirow said democracy is messy and that’s a feature, not a bug. He said he will be supporting this. Mayor Torre said he supports the demolition regulations they are looking at; he supports the appropriate affordable housing mitigation on residential building development, he supports a streamlined approval process, and supports the additional inclusive affordable housing opportunities. He will be supporting this motion today. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Councilor Hauenstein moved to approve Ordinance #14, Series of 2022; Councilor Richards seconded. Councilor Richards noted that we had a public discussion on this ordinance on Tuesday night as well. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Councilor Mesirow motioned to adjourn; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. _____________________________ Nicole Henning, City Clerk 19 1 REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein, Richards, and Mesirow present. Mayor Torre addressed all of the people in the room for public comment and said he wanted to read them the project goals regarding the downtown living lab. The project first came to them on February 1st, 2021, and they have had multiple outreach sessions. PUBLIC COMMENT: Kenny and Robin Smith – Mr. Smith said they are the owners of Meridian Jewelers in the 500 block of Cooper for the past 20 years and have been locals longer than that. The city wanted to have a greater degree of outreach and he has been invited in to participate. He said a lot of people didn’t know about what was happening, but he was personally invited. He’s all for safety in the core and we feel people should be able to access the core via every method. He said over and over not to eliminate parking spots. He was thanked for his feedback and then everything just kept moving forward. There was no public comment at work sessions and that was the last meeting he was invited to. He felt the process was disingenuous. If there is a constant creep of removing parking, we are seeing a lot of pain. A lot of people have been asking what’s going on. We started an informal petition and in one week, we got 1019 signatures and that’s a pretty significant expression of discontent. We think it’s creating a really bad energy in the core. The cars are just looping and looping. The Aspen Times also did a survey with 782 respondents and 27% of people said they avoid downtown. Councilor Hauensteinthanked them for their efforts during COVID. Pat Degelo – Ms. Degelo said she is a long time local and owns a small business. She said she was part of the zoom meeting in March. There was no one in that meeting who was all for us. She said last weekend she walked to most of the stores and asked if they received any communication, most said no and the ones who said yes, opposed it. It makes the downtown core unsafe. Cars are just driving around in circles. The emission is worse now. The older generation is very frustrated. She doesn’t know how this is going to go and she doesn’t want to lose her business. The communication was not there. Joe DiSalvo – Mr. DiSalvo is a resident of west end and 50% business owner and your Sheriff. He is also an avid cyclist. Friday night he had an interaction in the bike lane in front of the Elks building. He crashed his bike. It’s a preventable accident. His only product is safety. He looks at the lab and it’s not the model of safety, it’s the exact opposite. Instead of preventing another tragedy like what we saw when the little girl was killed, we are almost encouraging another one. This is more accidents waiting to happen. This is your opportunity to make these changes now. This council is faced with a dilemma. What is king? Are cars king? Are bikes king? Are pedestrians king? It’s one big traffic jam. He also hopes that you start limiting level 3 bikes because they are also an accident waiting to happen. Level 1 only should be allowed. Maria Morrow – Ms. Morrow said has been a valley resident for the past 25 years and purchased a free market house. She is here to talk about the demolition permit and she’s asking them to reconsider it. Picking winners, such as, people who have lived in their homes for 35 years to receive the demo permits, is discriminatory. It’s really unfair that people who own housing here, they get to escape from the GMQ program. You need to manage impacts and not declare winners and losers. Since she hasn’t been here 20 2 REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022 35 years, she’s at a disadvantage. You can’t impose different codes for different people. This was a discriminatory decision. Councilor Hauenstein said everyone has a shot and a free shot. We aren’t discriminating. We’re not automatically giving other people a permit. Councilor Richards said there is no exemption. Lea Novgrad – Ms. Novgrad said she is here speaking about the traffic at the roundabout. She’s lived here since 2018. She was looking at the golf carts and thought it would be a nice idea to schedule people to pull into driveway and take golf carts into town. Public comment closed. COUNCILMEMBER COMMENTS: Councilor Doyle said heis thankful the monsoon has returned. Keep the rains coming. Councilor Richards saidshe corrected herself that it takes 15 extra hours of commute time from Glenwood. Like other women in the country, she feels very strongly about what has happened with our Supreme Court reversing the reproductive decisions people can make. The effects are felt on the ground. This decision will affect roughly 77k families a month because that’s the number of women getting abortions on average. Councilor Hauenstein said he had a nice meeting last night and then went home to relax and do some reading and got stung by a bee and ended up in the ER. Now he keeps an epi pen in his bag and feels very grateful for the Aspen Valley Hospital and for his nurse, Torre. He said the Ukrainian people still need support and supplies. The money contributed is going right to the defenders within 24 hours of when it arrives. Councilor Mesirow said he is glad Councilor Hauenstein is ok. Councilor Richards was talking about the 4th and with COVID, it has been weird the past couple of years. Town feels weird and the energy has shifted, but on the 4th, the whole thing was tremendous and felt like we are back. There was dancing in the streets and kids playing. It feels like we’re getting back to our pace and it’s a beautiful thing. The mass shooting that took place on the 4th was in his hometown of Highland Park, Illinois. Our bubble is permeable, and we need to be mindful of all these threats. Hug a stranger has become a motto. Mayor Torre said he’s getting a lot of calls from longtime renting locals who are being displaced because there is no opportunity for housing. Last night there was a friend of his grabbing boxes in his alley and this person makes a good living in the legal field. It’s going to get worse before it gets better. Sometimes people need someone to talk to and made mention of the Hope Center. Please reach out to the Hope Center with 24-hour availability as well as Aspen Strong. At the end of August, the Latin X fest is going on here in Aspen. This is somewhat of a summit. He will be a host and coordinator and will be doing this on his own behalf and will be representing council as well and wants to make sure everyone is comfortable with that. CITY MANAGER COMMENTS: None. BOARD REPORTS: 21 3 REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022 Councilor Richards said she will be driving to Durango for Club 20. Councilor Mesirow had NWCOG and said they reviewed goals and objectives for the next year and discussed the mountain migration study update. Councilor Doyle mentioned that CORE chose a new executive director, Dallas. Ryland French also works there now too and will be assisting Dallas. Mayor Torre said he has a meeting this Thursday for RFTA. CONSENT CALENDAR: Councilor Hauenstein pulled Resolutions #078 and #082. Councilor Richards pulled Resolution #089. Mayor Torre pulled Resolution #081. Resolution #078, Series of 2022 – Contract with Revision, Inc. for Replacement of the Home Trek Customer Portal –Diane Foster and Matthew Gillen Councilor Hauensteinsaid these two have inherited this and Cindy Christensen was instrumental in this. This has been a really expensive project. This contract is for little glitches and improvements. Mr. Gillen said we were hoping to achieve significant savings. The money is shared between city and county and hoping this will increase community access to Hometrek. We are hoping this will make a big difference for clients and customers. The system is tricky right now. Sara Ott, City Manager, said this wasn’t an appropriation, it’s just for a change of vendors. Resolution #081, Series of 2022 – Contract with Raftelis Financial Consultants, Inc. for Utilities Water and Electric Rate Study and Plan – Tyler Christoff and Cole Langford Mayor Torre asked them to share how we scored on our drinking water. Mr. Christoff said the report was shared on the June customer bill. It’s a report card of our annual testing and summarizes what they test for. The big takeaway is that Aspen is very lucky to have the source water that we do. They will also do drinking water tests upon concern. Resolution #082, Series of 2022 – Approval of Professional Services Agreement with Harry Teague Architects for the Red Brick Study and Plan – Sara Roy Councilor Hauensteinsaid it’s a celebration to have Harry Teague involved in this project. Ms. Roy said they put out a formal RFP with two applicants and he was chosen, and his price point came back very competitively. Councilor Richards said Harry was a key player in saving the Red Brick. Resolution #089, Series of 2022 – Entrance to Aspen Public Education and Communication Services Contract – Trish Aragon and Diane Foster Councilor Richards said they did a site visit in the west end today and were able to observe the traffic going through the west end and it is a great concern. She appreciates council’s support of 150k and 22 4 REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022 bringing things up to date to see what our alternatives are. The key item she was looking for was the potential solutions which were screened out, will still be looked at. Councilor Mesirow said he will support this. Councilor Doyle motioned to approve the consent calendar; Councilor Richards seconded. Councilor Mesirow said, “Go EV” and that it’s something to celebrate. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Notice of Call up – HPC approval for 204 S Galena –Minor Development Review and Commercial Design Review - Sarah Yoon, Historic Preservation Planner & Amy Simon, Planning Director Ms. Yoon said this project received HPC approval on June 8th. Design review was triggered, and staff did find it was compliant. The applicant has been in review with staff regarding cladding material. We recommend upholding of the decision. Ms. Simon said it’s two prime spaces being combined. Council agreed there is no reason to call this up. P&Z approval for 624 E Cooper Ave – Commercial Design Review – Mezzaluna - Ms. Yoon said this application was reviewed on July 12th for a permanent porch like structure over the outdoor dining space and allows them to utilize this on a year-round basis. It’s open on all sides and is compliant with the design guidelines. Staff did support the application with a 4-1 vote. Staff suggests upholding the decision. Councilor Richards asked for the objections of the person who voted against. Ms. Yoon said that person felt it was out of context to the surroundings. It’s covered and there is no proposal of heating at this time. Councilor Richards asked for a picture next time for the public to see on screen. Councilor Hauenstein said it’s the proper process and procedure and he supports the outcome. Mayor Torre said there is no reason to call this up. He called for a five-minute break. PUBLIC HEARINGS Ordinance #12, Series of 2022 – 949 W. Smuggler AspenModern Voluntary Landmark Designation, Growth Management, Subdivision and TDR, and Notice of Call-Up of HPC Resolution #07, Series of 2022 – Amy Simon, Planning Director; Mitch Haas, Haas Land Planning, LLC; and Derek Skalko, 1 Friday Design along with Chris and Cindy Vandemoer, owners. Ms. Simon said this was 25 years in the making. The Vandemoer family came here in 1946 and built this home and have owned it ever since. AspenModern is a voluntary system. Some of Chris Vandemoer’s family wasn’t interested in this, but he was and that’s why we’re here today. 23 5 REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022 Mr. Haas gave a history of the historic preservation program and some history on the property and the family. He showed the Vandemoer Hill lot split on screen. He continued to explain the ask and the application in detail. Councilor Richards asked Mr. True about the affordable housing mitigation. Ms. Simon said the AspenModern ordinance gives council the power to negotiate any land use provision that you feels needs flexibility. Ms. Richards asked if the TDR’s can be in discreet numbers and Ms. Simon said they are always in 250 square feet. Ms. Simon said there is no windfall here in terms of what they are proposing, and they haven’t really asked for any benefits. She put in the memo that this is a pretty standard development proposal in front of you. Mayor Torre opened public comment. Mayor Torre closed public comment. Councilor Hauenstein said we should look at the application and not the story, and this is the best story we have in town so it’s hard to separate the two, but this property must be preserved. He thinks the fence should be moved to the property line, but he’s agreeable to leaving as proposed. On the new building, he wants to maintain the 10-foot setback on the ground floor. His initial feeling is that he would rather all of the development be on the new lot and not on other properties throughout town. The 750 square feet could be severed into three TDR’s. Councilor Richards said she feels like she’s looking at the best application she’s seen. It’s a result of a lot of back and forth and compromise. She’s happy and will be supporting the application. Councilor Doyle said he also feels that this application is a little different. It is hard to separate the application from the story and this property has been unchanged for 75 years. He supports this project and is glad extending the vested rights has been removed. Councilor Mesirow agreed that it’s the best project he’s seen. We’d love to keep the family in the driver’s seat for as many decisions as possible. He feels that two TDR’s is the appropriate number. Ms. Simon said the ordinance suggests a total of three TDR’s and all are related to the corner lot. Ms. Simon showed version 2 of the ordinance on screen and asked council if they are interested in condition #12. Councilor Mesirow said he doesn’t see a downside and the property owner is still agreeable. Mayor Torre is happy to support the application as is. Mr. True clarified that if they sever the TDR from lot b, it would be adopting option 2 and adding amendment to condition #12. Councilor Mesirow motioned to the adopt the ordinance as Mr. True described; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. ACTION ITEMS: 24 6 REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022 Resolution #090, Series of 2022 –Family and Medical Leave Insurance (FAMLI) Program Opt Out – Alissa Farrell, Assistant City Manager and Courtney DeVito, HR Director. Ms. DeVito said they are here to talk about opting out of the FAMLI program for the City of Aspen. She explained the type of leave and said the premiums would happen in 2023 and would not launch until 2024. It’s not a 100% wage replacement. If council doesn’t choose to opt out of this, we will be automatically enrolled in this program and would be for the next three years. We did receive employee feedback on using this program and employees were not interested. She explained this type of leave that the city does currently have. Councilor Richards asked for details on the program. She said she feels like the information is lacking and she would have preferred to have a side-by-side comparison. She doesn’t want to deny people what they need. Ms. Farrell said these are duplicative benefits for 99% of employees. She explained that what the city currently offers is better than the proposed program by the state. Ms. Ott continued to explain why this program is not the best choice for the city or it’s employees. Councilor Richards said she really would like more information, but she doesn’t want to delay this. She suggested a flowchart showing employees the process of how this works and she would have appreciated it being in the packet. Councilor Hauenstein said he feels they should opt out. He thinks the City of Aspen is a pretty good place to work with good benefits and a generous city council. He will be supporting this. Councilor Doyle motioned to approve Resolution #090, Series of 2022; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Resolution #092, Series of 2022 –Requests to Pay Fee-in-lieu in Providing Affordable Housing Mitigation – Jeffrey Barnhill Mr. Barnhill said this is a continuation of the work they did 3-4 months ago under Ben Anderson where they are batching the fee-in-lieu requests to pay their affordable housing mitigation because there is a lack of affordable housing credits at the moment in the market. We now have three properties who are asking to pay their fee-in-lieu for their affordable housing mitigation and staff is recommending council approve the request. Councilor Mesirow said he will support this reluctantly until more credits materialize. Councilor Richards said they need to stop and take a look at this. She’s very concerned. She and Councilor Mesirow suggested a work session to discuss this topic as well as to discuss all of the shuttered properties in town. Council was all supportive of work sessions on these topics. Councilor Hauenstein said he will reluctantly support Resolution #092. Councilor Doyle motioned to approve Resolution #092, Series of 2022; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. 25 7 REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022 Councilor Mesirow motioned to adjourn; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. _____________________________ Nicole Henning, City Clerk 26 1 SPECIAL MEETING ASPEN CITY COUNCIL JULY 18, 2022 At 5:00 p.m. Mayor Torre called the special meeting to order with Councilors Doyle, Hauenstein, Richards, and Mesirow present. James R. True introduced the executive session: pursuant to C.R.S. Section 24-6-402 (4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. (4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. The specific item of discussion in executive session involves the following: ACRA Destination Marketing Services Agreement, Special Event Production and Visitor Services Agreement, and Lease Agreement. Councilor Richards motioned to move into executive session; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Council moved into executive session at 5:04 p.m. and adjourned at 7:00 p.m. _____________________________ Nicole Henning, City Clerk 27 Page 1 of 3 TO: Mayor Torre and Aspen City Council FROM: Amy Simon, Planning Director THRU: Phillip Supino, Community Development Director MEETING DATE: July 26, 2022 RE: First Reading, Ordinance #15, Series of 2022, 470 Rio Grande Place, Theater Aspen, Minor Amendment to a Planned Development Project Review Approval APPLICANT: Theatre Aspen c/o Jed Bernstein, Producing Director, authorized by the property owner, the City of Aspen REPRESENTATIVE: Alan Richman, Alan Richman Planning Services, Inc. LOCATION: Lot 1, Rio Grande Subdivision CURRENT AND PROPOSED ZONING & USE The subject property is located in the Public (PUB) zone district with a Planned Development (PD) overlay, and is a municipal park. Theatre Aspen leases a portion of the park for their facility, located northeast of the permanent restroom facilities. No changes to use or zoning are proposed in this application. SUMMARY: In 2011, after many years of installing a summer only tent, Theater Aspen was granted approval for a lobby and metal framed auditorium structure to remain in place but unused in their off- season, with the condition that the auditorium’s membrane roof and walls be taken down from October to April to reduce perceived visual impacts of a building in the park setting. After 10 years and the construction of permanent bathrooms in the park, Theater Aspen perceives removal of the roof to have minimal public benefit and a number of negatives, and requests a Minor Planned Development Amendment to delete this condition. STAFF RECOMMENDATION: Staff recommends the City Council approve the Minor Amendment to a Project Review approval as proposed. Figure 1. Location of Theater Aspen tent in Rio Grande Park. 28 Page 2 of 3 BACKGROUND: Theater Aspen has been performing in Rio Grande Park since 1987, initially in a summertime only “circus tent.” Based on 2011 and 2013 approvals, a lobby is now in place year round and the auditorium is partially disassembled and screened. At the time this was required, the applicant did not expect to be able to afford a roof membrane designed for snow loads, and decision-makers wanted to minimize the impact of a building mass in the park. Since then, some circumstances have changed as the permanent bathroom structures have been built, and technology to reinforce the roof for the winter has become available. The applicant has estimated the cost to remove the roof and screen the remaining elements to be $50,000 per year. Below is a photo of the existing winter condition, and a rendering of the proposed winter condition REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approval: • Minor Amendment to Project Review Approval (Pursuant to Land Use Code Section 26.445.050): An application requesting installation of a year-round roof and walls to the existing tent structure of Theatre Aspen, which requires Review by the City Council. City Council is the final review body. STAFF COMMENTS AND RECOMMENDATION: The application is subject to Minor Amendment of a Project Review Approval as it entails change from a seasonal structure to a year-round structure. The applicant has provided a number of valid justifications for their request and indicates that allowing more of the structure to remain year round reduces truck trips and impacts on the park site, as well as providing maximum protection of the non-profit’s facility and financial asset that stay on site in winter. The Community Development Department Staff recommends the City Council approve the proposed year- round roof and wall installation finding that the review criteria are met, with the condition that prior to any future replacement of the membrane, Council will review and approve the color selection for best fit within the seasonal color changes in the park. In addition, this approval shall not allow any use of the tent for any time or purpose beyond the theater season and winter storage occurring now. The organization is responsible for protecting pedestrians from snow-shedding, and for repairing any damage to the park resulting from snow coming from the roof. RECOMMENDED MOTION: “I move to approve Ordinance #12, Series of 2022 on First Reading, for a Minor Amendment to the Planned Development Project Review affecting Theater Aspen.” EXISTING PROPOSED 29 Page 3 of 3 CITY MANAGER COMMENTS: ___________________________________________________________________________________ ___________________________________________________________________________________ ______________________________________________________________ ATTACHMENTS: Ordinance #15, Series of 2022 Exhibit A – Minor Amendment to Project Review Approval Criteria Exhibit B – Application 30 505 Rio Grande Place, Theater Aspen Minor PD Amendment Ordinance #15, Series 2022 1 ORDINANCE #15 (SERIES OF 2022) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING A MINOR AMENDMENT TO A PLANNED DEVELOPMENT PROJECT REVIEW APPROVAL FOR THE THEATER ASPEN FACILITY LOCATED AT 470 RIO GRANDE PLACE, LOT 1, RIO GRANDE SUBDIVISION, CITY OF ASPEN, COLORADO PARCEL ID: 2737-073-06-851 WHEREAS, the Community Development Department received an application from Theater Aspen, 110 E. Hallam, Suite 126, Aspen, CO 81611, requesting a Minor Amendment to the Planned Development approval for their facility in Rio Grande Park. The request was amendment to a condition of approval stated in Ordinance #38, Series of 2011 that requires seasonal removal of the membrane roof and walls on the theater structure from October to April; and WHEREAS, this property is located in the Public (PUB) zone district, with a Planned Development Overlay, and is owned by the City of Aspen and leased to Theater Aspen. The City of Aspen authorized the submittal of this application; and, WHEREAS, the Community Development Department referred the application to the City Engineering and City Parks Departments for comments, performed an analysis of the application and found that the review standards are met, with conditions; and WHEREAS, City Council reviewed and considered the development proposal under the relevant provisions of the Municipal Code as identified herein, reviewed and considered the recommendations of the Community Development Director and the referral agencies, and took and considered public comment at a public hearing; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Minor Planned Development Amendment to a Project Review Approval: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the request to leave all roof and walls in place at the Theater Aspen facility in Rio Grande Park year- round is approved with the following conditions: 1. Prior to any future replacement of the membrane roof and walls, Council will review and approve the color selection for best fit within the seasonal color changes in the park. 2. This approval shall not allow any use of the tent for any time or purpose beyond the theater season and winter storage occurring now. 31 505 Rio Grande Place, Theater Aspen Minor PD Amendment Ordinance #15, Series 2022 2 3. The roof shall be kept in good repair at all times. 4. Theater Aspen shall be solely responsible for ensuring public safety related to snow shedding from roof, and shall install and maintain warning/hazard signs, to be approved by the City of Aspen Parks Department. 5. Any damage to the surrounding area from snow shedding, including damage to trees, shrubs, irrigation or turf, is required to be repaired as soon as practical, after approval from the City of Aspen Parks Department. Section 2: 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 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: This Ordinance 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: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of July, 2022. Attest: Approved as to content: _______________________________ ___________________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed and approved this 9th day of August, 2022. Approved as to form: Approved as to content: _______________________________ ___________________________________ Jim True, City Attorney Torre, Mayor Attest: _______________________________ Nicole Henning, City Clerk 32 1 EXHIBIT A PLANNED DEVELOPMENT PROJECT REVIEW Minor Amendment to a Project Review approval. An amendment found by the Community Development Director to be generally consistent with the allowances and limitations of a Project Review approval or which otherwise represents an insubstantial change but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the City Council. 26.445.050. Project Review Standards. The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Staff Finding: The Theatre Aspen facility is part of the Rio Grande Subdivision, which received its rezoning in 1977 under Ordinance #54. A 1993 Master Plan provided guidance for future improvements. Theatre Aspen’s status as a welcome presence in the park was reinforced by additional Council approvals granted in 1995, and in 2011 the organization received approval to construct a permanent lobby, though the auditorium space continued to require a level of annual deconstruction. In 2013, this condition was amended to allow sections of walls to remain in place year round. The applicant is in compliance with adopted regulatory plans. They request deletion of all requirements to disassemble the roofs and walls of the tent each year for a number of reasons, including changed conditions in the park, changed technologies allowing the roof to support winter snow load, a desire to reduce the costs and vehicle trips needed to take down and and put up the materials twice a year, and reduction of wear and tear on the interior of the auditorium space as a result of it being open to the elements when the roof is off. No dimensional or use changes are proposed as a part of this request. Staff finds this criterion to be met. Please note, as a condition of approval for the permanent lobby structure via Ordinance #38, Series of 2011, Theatre Aspen was required to participate in an employee audit to demonstrate if any additional employees resulted from the approval of the lobby. Arguably, additional employees generated from staffing the lobby space would be subject to discussion of affordable housing mitigation. Neither the applicant nor Staff can find evidence that such an audit was conducted. For this application, Theater Aspen was required to provide a baseline of employees generated by Theatre Aspen during a typical season. Staff suggests the information be accepted as the documentation that was previously requested. The applicant represents that the lobby has always been staffed by employees covering multiple functions, and no additional employees were hired 33 2 solely for this purpose. A condition is included in this approval to note that it shall not allow any use of the tent for any time or purpose beyond the theater season and winter storage occurring now, in part to ensure no increase in operations or employees for Theater Aspen. B. Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 – Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Finding: This standard is not applicable. No new buildings or site grading are proposed. C. Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The site plan responds to the site’s natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. 2. The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Staff Finding: These standards are not applicable. No new buildings are proposed. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. 2. The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, 34 3 including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. 5. The Project Review approval, at City Council’s discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110 – Amendments. Staff Finding: These standards are not applicable. There are no changes to dimensions of the existing structure. E. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. Staff Finding: This standard is not applicable. The design standards do not adequately address a tent, and the existing building is not being changed. 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Staff Finding: The applicant proposes to keep the roof and walls in place year-round, rather than removing them seasonally. The applicant proposes to internally reinforce the tent-canvas roof material to handle winter snow loads. The proposed tent-canvas material is consistent with previous approvals for the facility and will continue the same character and architectural character of the structure. The 1995 approval of the tent structure in Ordinance No. 24 (Series of 1995) included the condition to seasonally remove the walls and roof of the structure as a measure to reduce the visual impact of the tent. Since the adoption of Ordinance No. 38 (Series of 2011) and Resolution No. 47 (Series of 2013), some year-round features of the tent have been left in place, including maintaining the tent walls and a permanent lobby. The permanent restroom facility in the Rio Grande Park was constructed, blocking some views towards the tent. Conditions in the park have changed sufficiently to justify leaving the roof up, and numerous downsides to its disassembly have been identified. That said, staff does recommend that if the tent membrane is replaced in the future, review of color selection by City Council is required. While the white tent has limited visual impact in the winter (when the roof is currently being required to be removed), in the summer it is a notable structure. More balance might be struck to suit the natural environment across the seasons. This was clearly the intent of the bathroom building and the tent should be held to a similar standard. Staff finds this criterion to be met with a condition of approval. F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, 35 4 mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Finding: This standard is not applicable. G. Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 – Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP) and Water Efficient Landscape Ordinance. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined and documented within a Development Agreement. Staff Finding: The City Engineering Department had no comments or conditions for this proposal. Staff finds this criterion is met. H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Finding: The City Park’s Department provided referral comments for this review and recommended conditions of approval related to ensuring public safety and preservation of public property as a result of any snow shedding from the roof. These are incorporated as conditions of approval in the ordinance. Staff finds this criterion to be met with conditions. I. Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Finding: No changes to access and circulation are proposed. This standard is not applicable. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 March 31, 2022 Phillip Supino City of Aspen Community Development 427 Rio Grande Place Aspen, CO 81611 RE: Theatre Aspen/Minor PD Amendment Application Dear Mr. Supino: I am an attorney licensed to practice law in the State of Colorado and presently serve as the City Attorney for the City of Aspen. In this capacity I have examined the ownership and control of the property located in the City of Aspen and known as Lot 1, Rio Grande Subdivision, also known as 505 Rio Grande Place. I can hereby confirm that the City of Aspen is the owner of the property and has complete authority to take action for the development and reconstruction on the property. The property is not encumbered in any manner affecting the use of the property for the construction and maintenance of the redevelopment that is proposed in the Theatre Aspen’s Minor PD Amendment. Further, the City of Aspen authorizes Theatre Aspen and its designated representatives to pursue the proposed Minor PD Amendment through the City of Aspen’s land use process. If you need anything further, please advise. Thank you. Sincerely, _[Copy: Original signed by James R. True]____ James R. 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