HomeMy WebLinkAboutminutes.council.20160912Regular Meeting Aspen City Council September 12, 2016
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CITIZEN COMMENTS ............................................................................................................................... 2
COUNCILMEMBERS COMMENTS .......................................................................................................... 2
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #126, Series of 2016 – Nissan Electric Cars purchase........................................................ 4
Resolution #130, Series of 2016 – Tymco DST 600 Dustless Street Sweeper ..................................... 4
Resolution #129, Series of 2016 – Water Plant Feeder Secondary Electric Contract........................... 4
Resolution #128, Series of 2016 – Consultant Design to Replace Water Line Red Mountain Rd ....... 4
Resolution #132, Seriess of 2016 – Aspen APD Project – Shaw Construction Addendum #003 ........ 4
Minutes – August 22, 2016 and September 6, 2016 ............................................................................. 4
Resolution #121, Series of 2016 – Aspen Country Inn – Guaranteed Maximum Price Contract for
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ORDINANCE #26, SERIES OF 2016 – Smoking Vehicle Ordinance ........................................................ 4
ORDINANCE #26, SERIES OF 2016 – Aspen Meadows SPA & Subdivision, Trustee Townhomes –
Minor Project Review Amendment .............................................................................................................. 4
ORDINANCE #23, SERIES OF 2016 – Ranger Station – Subdivision Minor Amendment and associated
reviews .......................................................................................................................................................... 6
RESOLUTION #134, SERIES OF 2016 – Aspen Historical Society Fee Waiver Request ......................... 8
Regular Meeting Aspen City Council September 12, 2016
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Myrin,
Mullins and Daily present.
CITIZEN COMMENTS
1. Peter Greeney commented on the Downtowner and rideshare program. Centennial is partnering
with Lyft and a GoDenver app. He spoke about how car share can supplement our existing
shuttle services. He approximated the cost between six to nine dollars per ride. What would this
look like in Aspen. We have three council goals in line with mobility. It would be great to
integrate all our transit into one app. The cost per ride would be about 6 dollars with the total
cost around 400,000 dollars. Our biggest resort competitors have ride share. It saves money and
improves services, changes behavior and helps keeps us competitive with other resorts.
2. Phil Sullivan, free rides for people that need them, told the council from 1975 to 1995 he ran a
taxi company servicing Aspen, Vail and Denver. He sold the company in 1995. He then drove
for a local taxi company for two years. He started driving a free taxi for the last four years. He
formed a non-profit. He said he watches people who he use to take for rides use the downtowner
now instead of his service. He gets nothing out of this deal.
3. Paula Damaso, representing 19 small business owners, is contesting the use of commercial space
used for trunk shows and pop up stores. Specifically at the Residence and the Library in the
Hotel Jerome. They are endangering small business to survive. Agreements with vendors that
carry specific categories that are not carried at other retailers. Tourist and second homeowners
have limited income and risk off season rent, employees, taxes and support local economy. Who
ensures sales taxes are paid. Trunk shows have no financial obligation to the longevity of the
community. Other resort towns restrict pop ups without a long term lease. Why are we only
charging four dollars a day for a business licenses for the art show when we charge 30 dollars a
day for parking. Ricky Mcque said she has been researching what Palm Beach does and the
Library at the Hotel Jerome is already booked through Christmas. Those of us with long term
leases suffer the consequences.
Damien Guillot, Aspen Art Gallery, said The Aspen Art Fair turned him down from having a
booth. It should be mandatory that the local galleries be given a booth at the local art fairs. That
way they would have access to the same people. Albert Sanford, Gallery Maximillian, said this
problem has gotten worse and is a secondary economy in Aspen. The Ice Garden is a specific
issue. Aspen is allowing bringing in 60 merchants during high season. If that is what you want
to do don’t do it during high season. I entered the Art Fair this season at great expense. Mostly
just to see what is going on there. There is a lot of business going on there. The whole idea of
pop ups is becoming more sophisticated.
4. Dan Levinson said he was the subject of the article in the Times with the intersection where the
road on the north lead to Truscott and on the South to Maroon drive. The subdivisions have been
there for 50 years. The Jehovah Witness kingdom hall has been there for 30. Has been working
for years to get CDOT to look at the fence to keep the snow from the highway. He was informed
by CDOT that the tunnel belongs to the City of Aspen and he needed to talk to Justin Forman.
The underpass is mis-engineered and needs to be corrected. He wants to be able to turn right
when he leaves his driveway when the light is red but the situation is still bad when the light is
green.
COUNCILMEMBERS COMMENTS
Mayor Skadron congratulated the hospital on their 125th anniversary. He also thanked everyone who
participated in the community picnic. All the food was locally grown. Park City came to visit the city
last week. 75 people came to visit and pick our brain. H thanked Mitzi Rapkin and Randy Ready for all
their work putting together the visit. Mayor Skadron and Councilman Frisch were invited to Seoul South
Korea to the Mayor’s environmental forum 2016. They participated in local climate actions low emission
Regular Meeting Aspen City Council September 12, 2016
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city’s panel. No public money was spent on the visit. This is a compliment to the values on this
community to be invited to something like this. We were the only representative from the United States
to be invited to this event.
BOARD REPORTS
Mayor Skadron attended the RFTA board meeting where they are working on the final draft of the 2017
budget. They are in good financial shape. They are also working on the overall strategic plan. Emzy
Veazy also made a presentation.
CONSENT CALENDAR
Resolution #126 – Nissan electric cars
Jerry Nye, streets, stated the city has always leaned to buy versus lease. This will save10,000 dollars. We
are tax exempt so there is no sales tax. This is also new on the maintenance side for streets so he wanted
to see how it goes from day one. Scott Miller, public works, said our business model on vehicles is we
buy them and keep them for 60,000 miles. That is peak trade in value. In the future we may look at
leasing. We don’t pay taxes so we don’t gain that benefit.
Councilman Myrin said this is a huge step forward so congrats. Have there been any lessons learned from
the county. Ryland French, utilities, said the county let us borrow one and they have had a positive
experience. Councilman Myrin said this is an amazing step forward and we also have a fueling station in
the garage.
Resolution #130 street sweeper
Councilman Myrin said the current one is noisy is this one quieter. Mr. Nye stated the current one meets
our noise levels. They need to meet a certain standard. They work each year to make them quieter and
we are hoping it will be. The reason we use these one are they only ones they make that can sweep
without water in the winter. Mayor Skadron asked if there is a market for used sweepers. Mr. Nye
replied there is, that is why we trade them in after five years.
Resolution #129 – secondary electric contract for water plant
Councilwoman Mullins asked if the treatment plant is switching form Holy Cross to Aspen electric. Dave
Hornbacher, utilities, replied correct. Councilwoman Mullins asked if Aspen electric is all underground.
Mr. Hornbacher stated all but one span of wire is underground. Holy Cross is overhead.
Councilman Myrin asked if there are other departments that might make this change. Mr. Hornbacher
said we moved the ARC over and Burlingame is on COA electric. Two years ago we switched over Parks
headquarters and fleet. There are some smaller elements that could be picked up. Councilman Frisch
asked how much capacity for 100 percent renewable is there if we pick up more. Mr. Hornbacher said the
last contract with MEAN was wind if we do a few items here or there that contract would pick it up. If
we do larger items we would need to relook at the contract. Mayor Skadron asked could we power the
entire Aspen community. Mr. Hornbacher said we would need to look at our contract with MEAN.
Resolution #132 – APD project with Shaw
Councilman Myrin asked if this is split 50/50 with the county. What will the community see from
7:30am to 7:30pm. Jeff Pendarvis, asset, said mostly asphalt cutting and replacement and activity
through the first week in November. There is one lane in each direction at all time. Councilman Myrin
Regular Meeting Aspen City Council September 12, 2016
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asked is there noisier times than others. Mr. Pendarvis said we have a complete CMP that was reviewed
with the engineering and building departments. Councilman Myrin asked if this will be wrapped up by
the winter. Rob Taylor, NV5, said the goal is to have it wrapped up by winter. Jack Wheeler, asset, said
we have a natural stop point but you never know what you are going to find underground.
Resolution #126, Series of 2016 – Nissan Electric Cars purchase
Resolution #130, Series of 2016 – Tymco DST 600 Dustless Street Sweeper
Resolution #129, Series of 2016 – Water Plant Feeder Secondary Electric Contract
Resolution #128, Series of 2016 – Consultant Design to Replace Water Line Red Mountain Rd
Resolution #132, Series of 2016 – Aspen APD Project – Shaw Construction Addendum #003
Minutes – August 22, 2016 and September 6, 2016
Councilwoman Mullins moved to adopt the consent calendar; seconded by Councilman Daily. All in
favor, motion carried.
ORDINANCE #26, SERIES OF 2016 – Smoking Vehicle Ordinance
Jannette Whitcomb, environmental health, told the Council, there will be a 60 day grace period before
anyone will have to pay a fine. The ordinance will not go into effect until six months after adoption. He
will follow up on the comments in the Times. This ordinance does cover busses. It does not require
retrofits of old vehicles. Three other Colorado towns have this type of ordinance. The benefit of this
ordinance is it gets the heaviest emitting vehicles off our roads.
Councilwoman Mullins asked if there will be any outreach to let people know there is six months to do
maintenance before this becomes effective. Ms. Whitcomb said we can send letters to business license
owners. Councilwoman Mullins replied that we need to let them know somehow.
Councilman Myrin asked if the 500 dollars will adjust with the rest of the city fees. Ms. Whitcomb said
currently the plan is not to do that. Councilwoman Mullins asked where does the money go. Ms.
Whitcomb stated the general fund.
Councilman Frisch moved to read Ordinance #26, Series of 2016; seconded by Councilwoman Mullins.
All in favor, motion carried.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO CREATING
CHAPTER 13.08.120 OF THE MUNICIPAL CODE TO ESTABLISH AN EMISSION OPACITY
STANDARD FOR HEAVY DUTY DIESEL VEHICLES IN THE CITY OF ASPEN.
Councilwoman Mullins moved to adopt Ordinance #26, Series of 2016 on first reading; seconded by
Councilman Daily. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Daily, yes; Myrin, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #26, SERIES OF 2016 – Aspen Meadows SPA & Subdivision, Trustee Townhomes –
Minor Project Review Amendment
Hillary Seminick, community development, stated the Trustee Townhomes comprise lot 5 of the Aspen
Meadows planned development and are made up of 11 multi-family units. Eight were constructed in the
60s and three in the 90s. The planned development limit the number of bedrooms to three each. The
maximum combined floor area is 27,500 square feet with each unit capped at 2,500 square feet. The eight
town homes that were constructed in the 60s are 1,700 and 2,000 square feet each and the 90s units are all
Regular Meeting Aspen City Council September 12, 2016
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over the 2,500 maximum. At the time floor area was calculated a bit differently than it is today. This
ordinance will memorialize the floor area of the three larger units. They are considered legally non-
conforming units. There are three components to the request. No physical development is proposed at
this time. The request will redistribute the floor area among the 11 units shifting the unused floor area of
the smaller original units to the three larger units. They are also requesting 128 additional square feet to
lot 5 to accomplish this. They also want to remove the floor area cap of 27,500 and rely upon a maximum
floor area per unit. The applicant is also proposing to eliminate the bedroom cap. Staff supports all
elements except the floor area increase.
John Sarpa and Kim Weil representing the applicant. Mr. Sarpa said this is cleaning up something that
has been percolating for some time. Mr. Weil stated we were hired to work on a unit that is being
remodeled.
Councilman Frisch asked if staff is OK with the math as long as the numbers agree in the end. Ms.
Seminick said there is no push back from staff on the numbers. What they don’t want to see is an
increase in floor area allocated to lot 5 in 128 square feet. Councilman Frisch asked for the pros and cons
of the 128 square feet. He asked if the units can be combined. Ms. Seminick replied not without a very
arduous land use process.
Councilwoman Mullins asked if there is any construction proposed. Mr. Weil replied no, only the one
under remodel right now. Councilwoman Mullins asked for the reasoning behind not wanting to increase
the total FAR.
Councilman Myrin asked if ordinances are written to reflect the staff recommendations. Ms. Seminick
said this one was written to reflect the current proposal partially because the applicant has not vetted how
to address the floor area as supported by council. Councilman Myrin asked for second reading to include
in the ordinance a draft table that includes the staff recommendation.
Councilman Daily asked if the applicant supporst a redistribution. Mr. Sarpa said it was no one’s fault
the bigger units were approved and that is what is driving this issue.
Councilman Myrin asked when we have had duplexes had similar things with FAR if we have some
precedent for either direction.
Mayor Skadron said the mitigation is .1 ee for 128 square feet and it translates to 7,800 dollars. No
community benefit is provided for that, should there be?
Councilman Frisch moved to read Ordinance #25, Series of 2016; seconded by Councilman Daily. All in
favor, motion carried.
ORDINANCE NO 25
(SERIES OF 2016)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MINOR AMENDMENT TO
PROJECT REVIEW – MINOR AMENDMENT TO A PLANNED DEVELOPMENT FOR THE
PROPERY LEGALLY DESCRIBED AS LOT 5 OF THE ASPEN MEADOWS SUBDIVISION,
COMMONLY KNOWN AS 11-111 MEADOWS ROAD, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Regular Meeting Aspen City Council September 12, 2016
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Councilwoman Mullins moved to adopt Ordinance #25, Series of 2016 on first reading; seconded by
Councilman Daily. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Daily, yes; Myrin, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #23, SERIES OF 2016 – Ranger Station – Subdivision Minor Amendment and
associated reviews
Councilman Frisch said at first reading he forgot how close his relationships were with the owners and
applicants. Perception is important. He recused himself.
Jennifer Phelan, community development, told the council the request by the owners who are represented
by Curt Sanders is to memorialize the lots with city approvals by approving an amended subdivision plat,
remove the planned development and amend the affordable housing mitigation. The property is located at
the corner of north 8th and west Smuggler. It is part of the larger Forest Service property. In 2013 the
Forest Service recorded a survey creating five lots. The federal government represented they weren’t
subject to city review. The city has taken the position they will recognize the lots but when they are
developed they will need to meet city standards. The five lots were auctioned off by the Forest Service.
In 2015 all lots were approved by three different ordinances and received development allotments. The
mitigation rate is based on a provision in the code where new lots have to provide a percentage of
affordable housing. It is considered an inclusionary zoning requirement. Council required a ration of
affordable housing to be provided by fee in lieu or credits. Since these three ordinances were passed the
fee in lieu rate has increased. The overall amount has increased. When the lots are developed the owners
will owe more money. The applicants are asking the rate be locked in place for the rate that was in place
when the ordinances were passed in 2015. The sunset on the rate would be in 2018. Staff does not
support this request nor does APCHA. The second request is to rescind the PD overlay. The lots would
be subject to the underlying zoning. The overlay was put on the property so multi family would be
available to the Forest Service. The third request is to record an amended plat with city signatures. It will
create less confusion and more certainty for future owners. The city is asking a subdivision improvement
agreement be developed. Staff supports the removal of the PD overlay and recording of the new plat. We
do not support reducing and locking in the older fee in lieu rate.
Curt Sanders, representing four separate owners for the five lots, said a typical project has one developer.
The Forest Service recorded a glorified survey. The 2015 approvals were the result of a long and drawn
out process. When they were obtained there was a belief that the cash in lieu amounts were likely going
to go down. Ordinance 37 resulted in a 67 percent increase in the fees for the lots. Ordinance 35 saw a
dramatic decrease of 64 percent. There is an inequality of those two ordinances in regards to the Forest
Service lots. The applicants did not take in to account the rate jumping by 200,000 dollars.
Mayor Skadron opened the public comment
1. Lisa Baker said it is a matter of fairness. The lots across the street have significantly lower
mitigation rates. This is having a negative impact on them.
Ms. Phelan said if the owners do nothing and the vesting expires then the cash in lieu rate would be paid
at the rate in effect at the time the building permit is applied for.
Mayor Skadron closed the public comment.
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Councilman Myrin this would be a lot easier if it was a requirement to build the housing then we would
not be discussing price. It was not a standard west end lot. It is a risk the buyers take when it is not a
standard lot when there are no development rights. Three out of the five would have been affordable
housing. It could have happened but didn’t. Mr. True said we couldn’t have done that after the fact.
Councilman Myrin said then the request was to pay for mitigation. Then the cash amount changed. That
happens. With property comes the risk the code will change. We hear it all the time. In order to have the
end result be similar it would have been nice to have the housing there. Cash was chosen and it is subject
to change. He is inclined to support the staff recommendation.
Councilman Daily said there are things in the table to the benefit of both parties. There is an opportunity
for a compromise solution for both parties. He is wondering if there isn’t room for balancing the interest
and picking a number that is fair but not as low as they were hoping to get.
Councilwoman Mullins said it is really difficult. She supports the new plat and rescinding the PD. It is
complicated to do business in Aspen. To combat that we need consistency and to follow the latest land
use code. The ordinance was written that whatever mitigation was in place at building permit would be
followed. It is unfair but there is a risk to development and buying property. She would have to support
staff in this. To have the change happen within a month, it is difficult.
Mayor Skadron asked if there is any consideration to investigate Arts compromise. Councilman Myrin
said if the housing is built, definitely.
Mr. Sanders replied they can’t do the mitigation on site. We are thinking of the owners as a they. It is not
realistic for them to buy a unit for a buy down unit. I don’t have the authorization to take two of the three
conditions tonight if I don’t get the mitigation rate reduced. I believe strongly that it should be an all or
none.
Councilwoman Mullins said we are giving up what we consider a good mitigation rate. What is the
counter compromise you are offering by making this an official city plat. Mr. Sanders said his argument
is a matter of fairness.
Councilwoman Mullins stated she would support coming to some type of compromise with the mitigation
fees.
Councilman Myrin asked how do you then decide affordable housing should be mitigated.
Councilwoman Mullins replied that was her original argument that there was no reason to compromise.
We have a problem that is just going to perpetuate. The most efficient way was to clean it up was on the
affordable housing.
Mayor Skadron said what he’s not interested in doing is facilitating more speculative real state. We can’t
defer from the rules just because it’s requested. We have to stand by the rules. Mr. Sanders said this is
not something that fits in the box. You are not undermining the affordable housing program. The
cleanup will go a long way. This is not going to set a precedent.
Mr. True stated if you are to suggest a compromise I do agree with Councilman Myrin as to coming up
with a number that is fair and defensible and has an articular basis. They propose the number that was in
play at the last approval. I would like to recommend that we can’t come up with that now.
Regular Meeting Aspen City Council September 12, 2016
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Mayor Skadron said he is open to allowing this opportunity to come to fruition.
Councilman Myrin said it makes no sense. We have a credit program and a mitigation program.
Councilwoman Mullins said it need to give direction in terms of amount of mitigation. Mr. True said we
need to take a step back and look at this.
Councilwoman Mullins moved to continue to October 10, 2016; seconded by Councilman Myrin.
Mr. Sanders said they are not coming in requesting a favor. They have some things to offer and think
there was a disconnect that happened after they got the 2015 approvals and that is worth consideration.
They would have never made that deal it they had known there was going to be that dramatic of a change
at the thirteenth hour on the mitigation rate. Mayor Skadron replied that is fair.
Mayor Skadron stated there is a motion to continue to October 10. He asked for this to be continued so
Council could further digest it. He said he is not sure where it is going to go but he does not want to pass
or deny it tonight but hear it again one more time.
Mr. Sanders asked if there is a willingness to have some consideration on the category of rate as a
function of what is left of the vested rights. He asked if there could be a trade off on resetting the clock
on vested rights as a trade off on the category four rates. Mayor Skadron said it is on the table.
Mayor Skadron took the voice vote to continue to October 10, 2016. All in favor, motion carried.
RESOLUTION #134, SERIES OF 2016 – Aspen Historical Society Fee Waiver Request
Ms. Garrow said the Historical Society is requesting a fee reduction for the new archive building. The
total permit fees are just under 17,000 dollars. They have paid 6,000 and have 10,000 left and are
requesting a waiver. The valuation of the project is 500,000 dollars. It is a significant valuation. The last
fee waiver request was for another non-profit and Council asked staff to look at this. Staff has
recommended it would be a 100 percent fee waiver for projects with a valuation of 5,000 dollars or less.
A 50 percent waiver for 100,000 or less projects. In the past, staff has not recommend fee waivers for
projects of this size. Every non-profit serves a roll in the community.
Kelly Murphy, Aspen Historical Society, stated it is not a new building just an expansion and interior
renovation. She said she understands there is no policy in place for non-profits. The doors and sheet rock
alone are over 100,000 dollars. They have been raising money for this for quite a few years. T he
construction costs went up 300,000 since they started. They are looking to cut costs everywhere they can.
Exceptions have been made and they would like to see at least a 50 percent reduction.
Councilman Myrin said he was on P&Z when infill was proposed. This gets back to what Ann was
talking about. This is on our list to change. It is not consistent with the recommendation. He will
support staffs request.
Councilwoman Mullins said she is remembering the conversation with Aces. It is important we get some
consistency and policy in place. We have the precedent we did with Aces. We don’t have a policy yet.
Regular Meeting Aspen City Council September 12, 2016
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She would support following the lead with Aces and do a 50 percent waiver up to 5,000 dollars. I think
the city wants to support as many non-profits as we can as well as we can.
Councilman Frisch said we should not be in the non-profit business. If there is a way to continue waiving
money at 50 percent up to a certain amount that is where I’m at. I’m not sure what the dollar should be.
5,000 may be too small a number. I stand by the 50 percent waiver up to some amount of money that I
can see being more than 5,000 dollars. Ms. Garrow said the other piece is that no fee waiver exceed
25,000. Councilman Frisch said based on that, I can support a 50 percent waiver of the total fee.
Councilman Myrin said there will be a discount applied to all the taxing districts. Councilman Frisch said
he thinks there are certain fees that can’t be waived.
Mayor Skadron said the work required by staff doesn’t decrease by 50 percent just because it is a non-
profit. He concurs with Ann on the 50 percent reduction up to 5,000 dollars.
Councilwoman Mullins moved to change Section 1 to waive the fee in the amount of 5,000 dollars and
adopt Resolution #134, Series of 2016; seconded by Councilman Myrin. Councilman Frisch stated he
will support the waiver in the amount of 5,000 dollars. All in favor, motion carried.
Linda Manning, City Clerk