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HomeMy WebLinkAboutminutes.council.20160222Regular Meeting Aspen City Council February 22, 2016 1 COUNCILMEMBER COMMENTS .................................................................................................................... 2 AGENDA ADDITIONS ..................................................................................................................................... 2 BOARD REPORTS ........................................................................................................................................... 2 CONSENT CALENDAR .................................................................................................................................... 2  Resolution #13, Series of 2016 – rubey Park Intergovernmental Agreement ...................................... 5  Resolution #14, Series of 2016 – 2utec Contract for wireless network upgrade ................................. 5  Resolution #17, Series of 2016 – Aspen Country Inn Renovation Project - BG Design LLC Design Contract ........................................................................................................................................................ 5  Resolution #12, Series of 2016 – NMPP Rate Study cCntract Award ................................................... 5  Resolution #10, Series of 2016 – Castle Creek/Hallam St. Connectivity Improvements ...................... 5  Resolution #15, Series of 2016 – Shaw Construction – APD pre-construction services construction .. 5  Resolution #16, Series of 2016 – contract for Ambient Energy for Commissioning Agent Services .... 5  Resolution #20, Series of 2016 – The Mill tenant finishes diesign services and project management additional services ........................................................................................................................................ 5  Resolution #19, Series of 2016 – Charles Cunniffe Architects (CCA) Design Contract additional services .......................................................................................................................................................... 5  Resolution #21, Series of 2016 – Additional services for NV5 and CCA for the 505 Housing for 540 E Main .............................................................................................................................................................. 5  Minutes – February 8, 2016 .................................................................................................................. 5 NOTICE OF CALL UP – Notice of HPC approval of Conceptual Major Developmental and Demolition for 529-535 E Cooper Avenue – HPC Resolution #5, Series of 2016 .................................................................. 5 NOTICE OF CALL UP –Notice of HPC approval of Conceptual Major Development, Demolition, Relocation and Variations for 124 W Hallam Street, HPC Resolution #6, Series of 2016 ............................................... 7 ORDINANCE #2, SERIES OF 2016 – AspenModern negotiation for historic designation of 626 W Francis Street ............................................................................................................................................................. 7 ORDINANCE #1, SERIES OF 2016 – Hotel Jerome, Planned Development ................................................... 8 ACTION ITEMS ............................................................................................................................................... 8 Regular Meeting Aspen City Council February 22, 2016 2 At 5:00 pm Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Frisch, Myrin and Daily present. COUNCILMEMBER COMMENTS Councilman Myrin thanked Steve and Staff for getting the second Tuesdays to happen so fast. He would like to see the Cooper Street Pier on the schedule in the next year. Councilman Frisch said we had that discussion 8 or 10 months ago and decided to not change anything. He would like to see a discussion on the rules and regulations. It may not deserve a Tuesday, just a memory refresh. Mayor Skadron said we will bring it back. Mayor Skadron said this Thursday there is an open house regarding the civic plaza plan. There are two meetings at noon and 5pm. The public is invited to come and comment. Kids first wants your feedback on childcare capacity in Pitkin County. They are looking for ways to best serve the community in needs of childcare in the county. There is a survey on aspenpitkin.com. The Burlingame second bus in now running twice an hour. AGENDA ADDITIONS Jim True, city attorney, would like to add an item to the executive session pursuant to 24.6.402 (4)(a). purchase, acquisition of property and (e) issues related to negotiations associated potentially related to the purchase, acquisitions of property. BOARD REPORTS Councilman Frisch said Frontiers is excited with the progress that has been made. They has a great update with the changes that have been made to the guidelines. They will be providing thoughts on the capital reserve studies down the road. Mayor Skadron said the big issue facing RFTA is the introduction of the integrated transportation system plan. It is a 10 to 20 year plan of the role of RFTA in the valley. CONSENT CALENDAR Resolution #13 – Rubey Park IGA Councilman Myrin said the snow removal on the South side of Durant is a green sidewalk. John Krueger, transportation, stated that is the Hyatt’s side walk. The green is the street and the sidewalk is the Hyatt. Councilman Myrin stated this area is not working since it is full of snow. The bus stop is not working. Mr. Krueger replied it is not the city sidewalk. We have talked to the Hyatt and they have not attended to it. It is not part of the IGA. I agree it is not getting removed very well. Mr. True said He does not think it would be appropriate to put it in here since it would take Hyatt consent. Councilman Myrin said the city is providing parking permits to RFTA. Are those free or do we bill for those. Mr. Krueger replied we are not charging, they are for on the facility. Randy Ready replied they are government vehicles and do not need the permits. Mayor Skadron said the top of the agreement says IGA for the operation of Rubey Park. It does not translate to a new facility. Mr. True said it does not translate to a new facility at all. It is all based on Regular Meeting Aspen City Council February 22, 2016 3 annual appropriations. Councilwoman Mullins complimented on the thoroughness of this. It is one of the more through IGAs she has seen. Resolution #14 – wireless network upgrade Councilman Myrin said the parking garage is a potential new location. John Sobieralski, IT replied it is. They will get the hardware but are not sure if it will be in place. There is the possibility of the police having patrol car spaces there and the need to do video uploads. He is not sure that is where the police are going to park. Councilman Myrin asked if it would go somewhere else if it did not go there. Mr. Sobieralski replied it could. Councilman Myrin said ACRA has a space at the Wheeler, do they have access to the city wireless. Mr. Sobieralski said they have access to the guest network. Councilman Frisch asked if APCHA is getting wireless. Mr. Sobieralski said they have it now. Resolution #17 – ACI renovation Councilwoman Mullins asked if the improvements will become part of the energy challenge. Tim Thompson, asset, replied it can be part of it but currently we are going after the Pioneer grant. Councilwoman Mullins asked if that preclude us from being part of the energy challenge. Mr. Thompson said he will let Ryland decide that. We have to meet the green community standards. Councilman Myrin asked if the big picture are the improvements are part of the loan and tax credits. Mr. Thompson said to receive the tax credits they have to have a 20 year useful life. Councilman Myrin asked what are we doing beyond those deficiencies. Mr. Thompson said we are meeting the minimums but what are in the best interest of the project. We feel some are absolutely necessary like the roof, mechanical and leaky pipes. Councilman Myrin said on the refinance will the loan term be longer than it currently is. Don Taylor, finance, said it will be a new 40 year term. The tax credit is a huge value between 2.2 to 2.4 million. Resolution #2 - water and electric rate study Councilman Myrin said there is 11,000 for electric and 15,000 for water. We are adding PV and electric vehicles for electric. What are we adding for the water side. Lee Ledesma, utilities, said in 2011 and 2012 Council made the decision to move to cost of service and we are still not there with either utility. There have been a lots of changes to the customer base and cost of keeping up with the infrastructure. Tyler Christoff, utilities, said the water service area takes up a larger service area that the electric. Councilman Myrin said the goal is to transition each customer class to reach cost of service and some are not covering 100 percent of the cost. Ms. Ledesma said for electric, residential is not at 100. The base availability charge is well below 100 percent. Small commercial is over 100 percent. On the water side fire protection, pump and raw water are well under 100 percent. Mayor Skadron said the last time we have done a periodic price analysis was four or five years ago. Councilwoman Mullins said you submitted rate study proposals in 2011 and 2012. Were they done. Ms. Ledesma replied yes. The electric study took almost two years and the water study one year. Councilwoman Mullins asked how often should these studies be done. Ms. Ledesma stated about every five years. Resolution #10 - Castle Creek Hallam connectivity improvements Councilwoman Mullins asked has the west side of the corridor been resolved after the questions from the last meeting. Trish Aragon, engineering, replied yes. There is minimal work being proposed just to connect the transition to the bridge. Councilwoman Mullins said this change order covers from the bridge Regular Meeting Aspen City Council February 22, 2016 4 on the west and the bridge on the east but not the bridge. Matt Kuhn, parks, said it does include the bridge. Ms. Aragon said the final design of the bridge will not include the design of the bridge until the living lab is conducted. Councilman Myrin suggested reaching out to RFTA drivers in some point during the process so they have some input. Since it is such a busy corridor is there a different mechanism for street markings. Resolution #15 - Shaw construction contract Councilman Myrin asked is the police employee housing still on 540 Main. Jack Wheeler, asset, replied yes. Councilman Myrin stated he does not support it. Long term the civic space should be used for potential future expansion. The housing could go elsewhere. He will not support resolution 15. Councilman Frisch said he wanted to reconfirm that is the best place to have affordable housing for a number of reasons. Mr. Wheeler said after numerous studies we believes it is the best use for the space. Mayor Skadron asked what are pre construction services defined as. Jeff Pendarvis, asset, said we will need help with pre construction documents as they relate to estimating and constructability. Councilwoman Mullins said the RFQ is the full project and a guaranteed max price for the full project. She asked how are they being separated. Mr. Wheeler said the RFQ is the full price and is the best way to buy the package. We selected the best value for the city. There are milestones along the way. Pre construction is one of the milestones. All of those release packages require Council approval. Councilman Frisch said this is one of the biggest projects the city will see in our lifetime. He appreciate we want to go go go, lets make sure we are proactive. Location is a small step. Councilman Myrin said his frustration is we are trying to solve traffic and we are adding 50,000 square feet to town he’s not convinced we need. He think we are maxed out and he’s not sure we need to build. Councilwoman Mullins said this is a relocation project, we are not adding 50,000 square feet. We are adding square feet but we are relocating city offices that will not have a home after this spring. Councilman Myrin said they will have a home, they are going from the Daily News building to the Mill building. Councilwoman Mullins said the information we have got so far supports what we are doing. Councilman Myrin said it does, it supports what you are doing. I’m not on the roller coaster. Councilman Daily said he supports the step by step approach staff is taking with this development proposal. Resolution #20 - Mill tenant finishes Mr. Pendarvis said these are for design services. This will be a test lab for the larger other spaces (police and city hall). Councilman Myrin said the costs for renting won’t be recovered but some will with furniture. It will be helpful to have a list of what will be moved to the new space and a list of lost costs. Mr. Pendarvis said they will be coming back with a construction costs and can bring that then. Councilman Myrin said there is a tremendous amount of money going out to rental and I think we should have purchased. Councilman Frisch said one of the problems with renting is making sure we are having 21st century offices. Now is the time to experiment. It is the right thing to do with productivity. We need to remember these are temporary spaces. Resolution #19 – Design additional services Mr. Pendarvis said when they split the two projects it moved city hall to its own timeline and lost efficiencies. Additional scope was added to the design teams. Regular Meeting Aspen City Council February 22, 2016 5 Councilman Myrin said 20,000 dollars was for campaign fact sheets. Rob Taylor, NV5, said they only took work done to date. Additional outreach through October/November. Mr. Wheeler said it was for public open houses and outreach. We have done several so far and will continue to do so. Mayor Skadron said this is the cost of design for both buildings, pays for changes made along the way and projections going forward. It has taken us longer to get to this point than originally proposed. Resolution #21 – additional services for housing for 540 main Mr. Pendarvis said we have the parcel with the police station in the front and the housing in back. It was not in the base contract with the design team or NV5 to take to design or have delivered. This adds that.  Resolution #13, Series of 2016 – Rubey Park Intergovernmental Agreement  Resolution #14, Series of 2016 – 2utec Contract for wireless network upgrade  Resolution #17, Series of 2016 – Aspen Country Inn Renovation Project - BG Design LLC Design Contract  Resolution #12, Series of 2016 – NMPP Rate Study Contract Award  Resolution #10, Series of 2016 – Castle Creek/Hallam St. Connectivity Improvements  Resolution #15, Series of 2016 – Shaw Construction – APD pre-construction services construction  Resolution #16, Series of 2016 – Contract for Ambient Energy for Commissioning Agent Services  Resolution #20, Series of 2016 – The Mill tenant finishes design services and project management additional services  Resolution #19, Series of 2016 – Charles Cunniffe Architects (CCA) Design Contract additional services  Resolution #21, Series of 2016 – Additional services for NV5 and CCA for the 505 Housing for 540 E Main  Minutes – February 8, 2016 Councilman Frisch moved to adopt Resolutions 13, 14, 17, 12, 10, 16 and the Minutes of February 8, 2016; seconded by Councilwoman Mullins. All in favor, motion carried. Councilwoman Mullins moved to adopt Resolution #15, Series of 2016; seconded by Councilman Daily. All in favor except Councilman Myrin. Motion carried. Councilman Frisch moved to adopt Resolution #20, Series of 2016; seconded by Councilwoman Mullins. All in favor, motion carried. Councilwoman Mullins moved to adopt Resolution #19, Series of 2016; seconded by Councilman Frisch. All in favor except Councilman Myrin. Motion carried. Councilwoman Mullins moved to adopt Resolution #21, Series of 2016; seconded by Councilman Frisch. All in favor except Councilman Myrin. Motion carried. NOTICE OF CALL UP – Notice of HPC approval of Conceptual Major Developmental and Demolition for 529-535 E Cooper Avenue – HPC Resolution #5, Series of 2016 Justin Barker, community development, said HPC approved conceptual reviews on January 27th. The existing development is a two story historic building that was originally erected in 1888 and partial Regular Meeting Aspen City Council February 22, 2016 6 remodeled in 1953. The proposal is for a new commercial one story addition on the south side along the alley as well as restoration of a historic door on the Hunter Street side. HPC found the application met all the conceptual design guidelines for mass, scale, height and proportion. They approved the public amenity proposal where the requirement is 715 square feet. HPC felt it would kill the project if it had to be met on site and felt cash in lieu would be appropriate. The property is located in the Cooper Avenue view plane. The applicant represented the addition fell underneath it and was exempt from review. HPC was in favor of the project and approved it by a vote of 7 to 0. Councilman Frisch asked if the tree stays. Mr. Barker replied yes. Councilman Frisch said there are two opposing views about the view plan. Is the view plane violated. Mr. Barker replied it is not violated. It does intersect the property but as far as where the proposed development goes it is not within the view plane area. Councilman Frisch said the addition does not violate, the tree stays so there is no need to call it up. Councilman Daily said he has no wish to call it up. Councilwoman Mullins said to clarify the tree in the court yard goes. Did they consider AspenModern. Mr. Barker replied no. Councilwoman Mullins said she supports HPC decision and the public amenity. She thinks it works well. Councilman Myrin said he had the same read as Councilman Frisch on the view plane. Nora mentioned something about a heavy barrier wall. Mr. Barker said on top of the addition the bottom image of a stone wall that separated the existing deck for the residential unit from the proposed green roof of the addition. The way the code is written there needs to be a physical separation by a barrier or a height difference that prevents the roof space from being used as a deck for the residential unit. Councilman Myrin said she said she wishes zoning could do something different. Mr. Barker said the belief was HPC didn’t mind it could be used as deck space but it would create another non-conformity. Councilman Myrin suggested if that is something HPC could keep track of in their wish list and bring back to us once a year. He has no desire to call up. Mayor Skadron said he was desirous of a call up. It is a question about the pedestrian amenity spaces. The patios that now exist is the public amenity of the building itself. Mr. Barker said it was never designated as public amenity. It could serve as that now but may not be the most desirous with the fencing around it. It qualifies as it being open to the ky. Mayor Skadron asked why is that not a point of contention for us. Mr. Barker said there are multiple ways you can meet the requirement. At this point it has been up to the discretion of HPC or P&Z. Mayor Skadron said a public amenity that is open to the sky and adjacent to the building. Councilman Frisch said the bigger picture is the public amenity space enjoyed by the public or accessed physically. Mr. Barker said it does not need to be accessed physically. Councilman Frisch said I don’t have a problem with cash in lieu. I think we need a bigger picture something the public can physically use not just see. Mr. Barker said it started off with just an open space on the property. In the 70s and 80s it moved to bring it to grade level. Mayor Skadron said private space that can be redeveloped. There is no requirement in our land use code that can prevent this from being redeveloped. The ideal is this space engages the public. Regular Meeting Aspen City Council February 22, 2016 7 Mayor Skadron said there will be no call up. NOTICE OF CALL UP –Notice of HPC approval of Conceptual Major Development, Demolition, Relocation and Variations for 124 W Hallam Street, HPC Resolution #6, Series of 2016 Amy Simon, community development, said this is a historic property in the west end on the north side of the yellow brick. It is Victorian house with fancy details and a tall fence. It is an 1887 Queen Ann house with a lot of inappropriate additions that will be removed. They will add an addition to the alley. It meets all of HPCs guidelines. The addition is smaller in footprint and lower in height than the historic asset. It has a flat roof. HPC supported the application 6 to 1. Councilman Frisch said Patrick’s descent was the flat roof. Have they supported flat roofs prior. Ms. Simon replied yes. The new guidelines would probably not allow that on a corner lot. This is mid-block and an appropriate solution. There is the idea of form, fenestrations, and materials; pick two that relate strongly. That is what they did here. Councilman Myrin asked where is the 500 bonus going. Ms. Simon replied in to the overall square footage of the project. It is being rewarded for the restoration work proposed. Councilman Myrin said it is staying on the Victorian site. Ms. Simon replied yes. Councilman Myrin said the new guidelines would not allow the mass on the corner. Ms. Simon said yes. They talk about corners being especially sensitive. Councilman Myrin said Nora spoke against it at the first meeting and was not at the second meeting. Ms. Simon said everyone had concerns at the first meeting which is why it was continued. Staff felt they got it right at the second one. Councilman Daily said the solution being proposed is better than the gabled roof. He understands the direction they have taken. Councilwoman Mullins asked if this falls under the new guidelines. Ms. Simon said no, but the size of the addition does. Councilwoman Mullins said they are not looking for TDRs. She would not ask for a call up. Mayor Skadron said Council is not desirous of a call up. ORDINANCE #2, SERIES OF 2016 – AspenModern negotiation for historic designation of 626 W Francis Street Ms. Simon told the Council this is a voluntary designation of 626 W Francis the twin of 624 W Francis. It is a modern chalet and will preserve the entire property. Staff supports the designation. The main discussion is around the benefit requested. The applicant can ask for incentives and is asking for a floor area bonus to be converted into TDRs. They are asking for a 433 square foot bonus combined with their 317 to turn into three TDRs resulting in no expansion left for the site. It is terrific to preserve it as is without any additional changes in the future. Staff recommends approval. Kim Raymond, architect, said at the last meeting Councilman Myrin suggested there was less than 200 square feet and to ask for the third TDR so there would be nothing left for on site development. Regular Meeting Aspen City Council February 22, 2016 8 Councilwoman Mullins said she is supportive of this. It is maintaining what is there and what has been there for years. She appreciates the owner wants to maintain it. This is less incentives that what she has seen in quite a few applications that are not as good as this. Councilman Daily said he agrees with Councilwoman Mullins and support this. Councilman Myrin thanked them for making this a what you see is what you get application. AspenModern is to open the dialogue to create preservation. This seems to achieve the goals for this property. He will support this. Councilman Frisch said he will also support this. Mayor Skadron said the idea of floor area bonuses are for projects with merit. The floor are bonus in the AspenModern program has become a negotiation tool and it was not the original intent. Ms. Simon said the TDR program did not exist when the floor are bonus was started but the floor area bonus was meant to offset certain compromises people might have to make when they are renovating a historic building. They don’t have all the choices that someone doing totally new construction has. Mayor Skadron asked when we put AspenModern in to place was it our intention that the bonus that was given to a project that was offsetting compromises would become a tool in the negotiation that would then be converted to TDRs. Ms. Simon replied there are no limits to what someone can ask for. We see this as reasonable considering what the community gets out of it. It is what the applicant says works for them. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Ordinance #2, Series of 2016; seconded by Councilman Daily. Roll call vote. Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #1, SERIES OF 2016 – Hotel Jerome, Planned Development Councilman Myrin recused himself. Councilman Daily moved to continue to March 14, 2016; seconded by Councilwoman Mullins. All in favor, motion carried. ACTION ITEMS Mr. True said staff has recommended executive session pursuant to C.R.S. 24.6.402 (4)(b) conference with attorney for the purpose of receiving legal advice as well as section (4)(a) issues relative to property acquisition and negotiations relative to property acquisition. Councilwoman Mullins moved to go in to executive session at 6:45p.m.; seconded by Councilman Daily. All in favor, motion carried. At 8:00p.m. Councilman Frisch moved to come out of executive session; seconded by Councilman Myrin. All in favor, motion carried. At 8:00p.m. Councilman Myrin moved to adjourn; seconded by Councilman Daily. All in favor, motion carried. Linda Manning, City Clerk