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HomeMy WebLinkAboutminutes.council.20170814Regular Meeting Aspen City Council August 14, 2017 1 SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2 CITIZEN COMMENTS ............................................................................................................................... 2 COUNCILMEMBERS COMMENTS .......................................................................................................... 2 BOARD REPORTS ...................................................................................................................................... 2 CONSENT CALENDAR ............................................................................................................................. 3 Resolution #109, Series of 2017 – Street Sweeper Purchase ................................................................ 4 Resolution #103, Series of 2017 – Bear Proof Trash Can Replacement Contract ................................ 4 Resolution #107, Series of 2017 – Contract for Transportation Consulting services for Mobility Lab 4 Resolution #108, Series of 2017 – Project Management Assistance for Mobility Lab ........................ 4 Resolution #112, Series of 2017 – Civic Space Relocation Project – Shaw Construction and Charles Cunniffe Architects Change Orders .............................................................................................................. 4 Resolution #106, Series of 2017 – New TIBA revenue control equipment at the Rio Grande Parking Garage ........................................................................................................................................................... 4 Resolution #111, Series of 2017 – Calling for and Establishing a Special Municipal Election on November 8, 2017 ......................................................................................................................................... 4 Minutes – July 24, 2017 ........................................................................................................................ 4 ORDINANCE #21, SERIES OF 2017 .......................................................................................................... 4 ORDINANCE #22, SERIES OF 2017 – Reed-Compliant Sign Code Update ............................................. 5 ORDINANCE #18, SERIES OF 2017 – Callahan Subdivision Lots 12 and 12A, Minor Subdivision, Lot Split; Minor Amendment to a Planned Development; and Removal of an Accessory Dwelling Unit. ........ 7 Regular Meeting Aspen City Council August 14, 2017 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Myrin, Hauenstein and Mullins present. SCHEDULED PUBLIC APPEARANCES Mayor Skadron swore in police officers Marcin Debski and Ryan Turner. CITIZEN COMMENTS 1. Bill Tomcich said it has been a busy summer but not quite as busy as last summer. August is down four percent in Aspen and 11 in Snowmass Village. One thing driving fall business is there are more commercial flights lined up. There is a press release ready to go out this week stating we will see more flights this winter. There will be 10 markets with non-stops flights this winter. We will see air competition this off season resulting is cheaper flights. 2. Lee Mulcahy introduced his mom Sandy. She just got back from Kenya doing another water well. She showed a one minute video on the water well effort. Sandy said she has been six times to Kenya over the last eight years. She went to Africa in 2010 with her husband. They decided to go back and do a water well. She asked council to consider Bomet for a sister city. 3. Toni Kronberg asked for clarification on the financing of the city hall work session. Mayor Skadron said it will be clarified at the work session. COUNCILMEMBERS COMMENTS Councilman Frisch gave a congrats and hats off to Rotary for the Ducky Derby. Hats off to parks and events for a great back country marathon and all the participants who ran. Councilman Hauenstein said he got out of town at Chatman reservoir this weekend. It is equally nice to be back in town. He also saw hairspray last week. What a beautiful setting at John Denver. If you haven’t been down there you should. Councilman Myrin said this is the first Council meeting since the top 10 meetings. One of the things I wanted was a carrying capacity conversation. What the balance should be. That did not make what in the end became a top 9 list. He asked Council to consider adding a 10th item for a quality of life balance item. On Columbus Day, he mentioned this a year ago. Is there any support to renaming it locally like other cities have. Mayor Skadron said to Indigenous Peoples Day. Councilman Myrin replied yes. Mayor Skadron suggested he work on draft language to take to staff. Councilwoman Mullins said between Rotary and parks Ducky Derby was a great event. Bert and I were judges so we got to watch the ducks come in and declare a winner. Summer is going really quickly and this is the last week of the music festival. Take advantage of it. Thanks to the Institute. In the last few years they have reached out to the city with more events. Mayor Skadron spoke about the Grand Avenue bridge. Today is the first official closing. Day one, too many people are driving alone in their cars. 90 minutes to get from New Castle to the Glenwood exit. Ski Co has released their pass prices. BOARD REPORTS Councilwoman Mullins attended the RFTA meeting. They spoke about E bikes on the Rio Grande trail. The State passed a new law on the 9th allowing E bikes on the trail. They will allow E bikes on the trail for the next 95 days during the bridge closure. The County has restricted E bikes on the trail until May of 2018. For now, they are allowed from Glenwood until about Emma. Regular Meeting Aspen City Council August 14, 2017 3 CONSENT CALENDAR Reso #103 – bear can replacement Councilwoman Mullins asked for an update on the status of the program. Matt Kuhn, parks, replied there is money in the budget for next year but not in the out years. We have done 97 cans to date. The fleet is well over 100. There are still old cans in places in the trail system around Marolt. We are also investigating ways to refurbish them. This is the third year of the program. We anticipate another year to year and half for full replacement. Mayor Skadron asked how do you prioritize what cans to replace. Mr. Kuhn said we started with the downtown core. Mayor Skadron asked how many different styles are there. Mr. Kuhn replied two. Reso #107 – mobility lab consulting services Councilwoman Mullins asked for a summary. Ashley Perl, environmental health, said there are two contracts. Resolution 107 currently Fehr & Peers is running the mobility plan, formerly known as the short range transit plan. This will add looking at the new mobility aspects. We are already getting a lot. They will connect us with Uber, Lyft and other folks like that to see what it would look like to participate in the mobility lab. The new contract, 108, will bring on Candice Olson as the project manager for the mobility lab. Candice can only give 25 hours a week so Julie Engels will be doing some of the back end of the work. Councilman Myrin said the big picture on 107 is spending 25,000 dollars to find 2 million. Ms. Perl said yes and the in-kind services as well as a better insight to our community. Councilman Myrin asked if we are including the locals. Ms. Perl said they have already done that. Councilman Hauenstein asked about focus on the intercept lot to town. Ms. Perl said we are focusing on the intercept lot, school and town equally. Reso #112 – Civic Space relocation project change order Scott Miller, public works director, said when this went through HPC approval for redevelopment we had to move the three historic structures. Staff estimated an allowance of $150,000. We had no idea the actual condition of the homes and what kind of foundation would be needed. Now the need is $250,000. Saul Abrahams, project manager, said we worked with the HPC monitor, historical society and parks to make sure it would be good for the community. Councilwoman Mullins asked are they still in the sites originally proposed. Mr. Abrahams replied roughly. Councilwoman Mullins asked what is the schedule. Mr. Abrahams said they would like to get started as soon as possible. The permitting is almost done and it should be complete before the onset of winter. Councilman Myrin said the request is for 188,000 and the increase is 243,000. Mr. Abrahams replied that is the construction and design costs. Reso #106 – parking garage equipment Mitch Osur, Parking, told Council they originally scheduled to replace the equipment in 2017 and last year moved it to 2018. We are the last US garage using this equipment. On June 15th, the company downloaded new software. Since that date credit cards have not worked at the garage. This equipment will allow us to do things our current equipment cannot. Mayor Skadron asked if it will allow us to do creative things around the mobility program. Mr. Osur replied absolutely. Councilman Myrin asked how much longer is it free to park in the garage. Mr. Osur said last week we started collecting money on the way in charging a $5 flat fee. Councilman Myrin asked when will the new one be implemented. Mr. Osur said there is a 30 day lead time. Councilman Myrin asked is there something with the new vendor if they download an incompatible update. Mr. Osur said he will check into it. Reso #111 -election Councilman Myrin asked is the election just for the tobacco issue. Linda Manning, city clerk, replied it is for the tobacco sales tax and any other question Council would like. Regular Meeting Aspen City Council August 14, 2017 4 • Resolution #109, Series of 2017 – Street Sweeper Purchase • Resolution #103, Series of 2017 – Bear Proof Trash Can Replacement Contract • Resolution #107, Series of 2017 – Contract for Transportation Consulting services for Mobility Lab • Resolution #108, Series of 2017 – Project Management Assistance for Mobility Lab • Resolution #112, Series of 2017 – Civic Space Relocation Project – Shaw Construction and Charles Cunniffe Architects Change Orders • Resolution #106, Series of 2017 – New TIBA revenue control equipment at the Rio Grande Parking Garage • Resolution #111, Series of 2017 – Calling for and Establishing a Special Municipal Election on November 8, 2017 • Minutes – July 24, 2017 Councilwoman Mullins moved to adopt the Consent Calendar; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE #21, SERIES OF 2017 – 500 W. Hopkins Ave. (Boomerang Lodge) - PD Amendment Jennifer Phelan, community development, stated this is a growth management review and PD amendment for the Boomerang Lodge. The project is located at 500 West Hopkins Avenue and is represented by BendonAdams. It is also under contract for purchase. This property has a long history with the City. In 2006 it was approved for redevelopment. It is zoned Mixed Use with 47 lodge keys, 29 lodge units, 5 free market and 2 affordable housing units. The original wing has been designated as historic. Since 2006 a series of things occurred. There have been a number of building permits, a recession, an alternative land use applications and a lawsuit. Today, a building permit is under review to construct the 2006 approval. The purchaser would like some changes. The proposed changes are expected to work within the existing allowances. There are two categories; programming changes and material changes. The primary programming changes include circulation and decreasing lodge units while keeping the number of keys. This will create a different type of programming. Starting to get a more suite like programming. Architectural changes are to the roof and fenestration. It will be reviewed under the 2017 land use code. Staff is recommending aspects need to meet today’s standards in terms of trash and head in parking versus parallel along the street. We are also asking for changes in maximum unit size of 1,500 square foot per unit. Second reading is scheduled for September 11th. Chris Bendon introduced the buyer. Marshall Tycher said he and Eric Witmondt are the buyers. Mr. Tycher said he has a long history in Aspen and hospitality. They would like to make modest improvements to make the units functional and usable. They are trying to stay within the same footprint and approval. Councilman Myrin said on page 172 there are two big requests; minor amendment and growth management. First is less units with the same number of lock offs. Ms. Phelan replied correct. Councilman Myrin said the second one is a reduction in lodge units. Ms. Phelan said any changes in unit counts we must look at growth management. Councilman Myrin said the butterfly roof is a concern. He also has question about the 10 year vesting. Is it a code requirement. Ms. Phelan said it is. Councilman Myrin asked if the parking quantity change could be met within the underground garage. Ms. Phelan said what is underground will meet the requirement. Councilman Myrin said he shares staff concern with removing the common space as a lodge amenity. Councilwoman Mullins asked if HPC reviewed this. Ms. Phelan said no, it depends what exterior changes are being made. If changes are made to the resource it is after the Council review. Either HPC or P&Z will review this. The materials will be reviewed by a different body. Councilwoman Mullins Regular Meeting Aspen City Council August 14, 2017 5 said she thinks the architecture needs to be reviewed. It is somewhat overbearing to the historic resource. She would like to see more discussion about that. She would like more discussion about depressing the ground floor. She would like more discussion about using cedar. She supports the 1,500 square foot maximum. Councilman Hauenstein asked have they extended the vesting. Ms. Phelan said it was approved in 2006. The recession hit and there were requests for extension of vesting for multiple projects in town. An extension was granted. During the court process the vesting was extended again. Councilman Hauenstein asked for more information on the employee mitigation and the loss of the one parking space. Councilman Frisch asked for more explanation in the pillow counts. He said it isn’t really changing much. The proposed layout works better than building much of the same units. The cap size is a worthy discussion. As long as it feels like it is a lodge and it is going to be a lodge is easier to focus on than a lodge in name only. He appreciates they are trying to take advantage of some of the small lodge incentives. It is a great project to utilize them. Mayor Skadron said he is interested in the relationship between programming and market expectation. It addresses the increased room size you are asking for. I would require a deed restriction to prevent conversion to condos but we can’t do that. He would like to discuss at the public hearing conditions of approval that speak to conversion in the future as well as expectations of transportation and parking. He asked about the escrow agreement of $250,000. Is that for the city’s protection. Mr. Bendon replied yes. Mayor Skadron asked for discussion on the benefits of the small lodge preservation program and more discussion on the contract purchaser agreement. At what point are you committed and moving forward. Councilman Frisch moved to read Ordinance #21, Series of 2017; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO. 21 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO A PLANNED DEVELOPMENT AND AN INSUBSTANTIAL AMENDMENT TO A GROWTH MANAGEMENT DEVELOPMENT ORDER, WITH CONDITIONS, FOR CHANGES TO A MIXED USE PROJECT CONTAINING LODGE, FREE-MARKET RESIDENTIAL UNITS AND AFFORDABLE HOUSING RESIDENTIAL UNITS ON THE PROPERTY LEGALLY DESCRIBED AS LOTS K, L, M, N, O, P, Q, R, AND S, BLOCK 31, ASPEN TOWNSITE AND COMMONLY KNOWN AS 500 W. HOPKINS AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO Councilman Frisch moved to adopt Ordinance #21, Series of 2017 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Hauenstein, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #22, SERIES OF 2017 – Reed-Compliant Sign Code Update Jessica Garrow, community development, stated this update is mandated by the Supreme Court to make us Reed Compliant. There are two significant issues that staff needs more direction on including construction and sandwich board signs. Philip Supino, community development, said we are in month five of the Reed Compliant process. Second reading is scheduled for August 28. The goals are to comply with the court requirements, balance of community esthetics, maintain public health, commercial and non commercial opportunities, limit proliferation of excessive signage and meet informational, advertising, wayfinding and speech needs. Yard signs - The proposal contains one temporary sign, one holiday time, one real-estate and up to three election signs. Television displays – 180 square inches or larger must meet 15 foot set back requirement. Regular Meeting Aspen City Council August 14, 2017 6 Added lighting standards for back lit signs. Window wraps and displays – allow up to 50 percent coverage. 25 percent may be text and logos. Full covered wraps are no longer permitted. No change to overall sign allotments. Banners would be made City property prior to being displayed. Construction site signs would be a uniform sign including City permitting info, contact info, project partners and visuals. Up to six safety, state and federally compliant signs would also be permitted. Construction site screening is not in the current draft. Example of the hotel Jerome. Staff asked for more direction from Council. What is art and what is signage. We can eliminate text and logos. Councilman Myrin said he likes what the Jerome has done. We can’t regulate the content. What is the downside if it is a content we don’t like. They are not up for a long time. If it was going to be there forever I would be concerned. I guess it is a risk I’m willing to take acknowledging we may get art we don’t like. Jim True, city attorney, said there are cases that suggest you can’t make the distinction between art and signage. Councilwoman Mullins said it is a risk to allow these to go up. We stick with the construction signs and leave it to that. She supports not to allow art work on the screening. Councilman Frisch said on one hand he is a supporter of the visual arts but it is a can of worms of epic proportions while it would be fun to do. We could take the aspen tree and this is what you get. A standardization is best. What is shown should be low heart burn to many and away from the brown paper bag. As much as I love to see variety and creativity I can see people making their art right now and it will not be pretty. I think we take a pretty picture and put it up there. Mr. True said I think you can clearly do that. Standardizing something like you are suggesting, I think we can handle and would be allowed. Councilman Hauenstein said he is tending more towards Adam. Would it be possible to have a few approved options if you want to display art. Mr. True said there is nothing wrong with having options. My initial reaction is there is nothing wrong with it. Legally I think we are covered. Mayor Skadron said he can live with the options. Sandwich boards Tied to second tier space and specific zone districts. One per tenant in the CC, C1, NC and MU. Staff mapped the locations of approved permits currently. If allowed for all businesses it could be almost 1,200 signs. In CC and C1 807 possible business could have one. In NC and SCI it could be 99. Second tier spaces on the malls are 54. Currently there is a 20 percent participation rate for businesses that can have a sandwich board. Staff feels there are different types of businesses in second tier spaces that may take advantage than those in prime spaces. Councilwoman Mullins said we have no control on the content. Mr. Supino replied that is correct. Councilwoman Mullins said during election season they could all become political signs. Mr. Supino said that is also correct. Ms. Garrow said we did a good deal of outreach on this. The business community wants everyone to be treated the same. Either everyone gets it or no one gets it. Councilman Frisch said having 800 or 1,200 is not beneficial. We are trying to figure out how not to ban them. I think the business owners are short sighted in wanting everyone treated the same. If we do need to do something the second tier space is of interest to me. Mr. Supino said on the malls it is 54 second tier spaces. We don’t have a good count everywhere else. If the participation rate were to stay the same it would be 11. If it were to double that would feel like a lot more signs. Councilman Frisch said we do need to be concerned about people thinking they could make revenue from renting their sign. Councilman Myrin asked can we do one per building or 30 feet of street frontage. That would maintain the feel of the quantity. The content would be up to the tenants of the building. Mr. True said we have Regular Meeting Aspen City Council August 14, 2017 7 thought about one sign per building. I suppose you could fashion something around frontage along the right of way. Councilwoman Mullins asked if currently can we control the content. Ms. Garrow said it is tied to the business. Councilwoman Mullins said I thought there was no way we could restrict it the way Bert and Adam are suggesting. Mr. True said there is a little distinction between what they are suggesting and saying there are 30 signs here’s who gets them. Councilwoman Mullins said that is better than 800 signs. The bigger concern is we can’t control the content. Mayor Skadron said he would experiment with none for now. It creates a level playing field and slowly roll out a new program. Councilwoman Mullins agrees. Councilman Hauenstein asked if it is possible to limit the total number. He likes the second tier as a way to level the playing field and help find the business. Is there a way to limit the number of permits. Councilman Frisch said if we are not under the gun and the wheels of government turn slowly. I’m happy to focus on other stuff. Why don’t we focus on other stuff and let this brew a little. There are a lot of other things we have to work on. Mr. Supino said we can attempt to draft a few things for second reading to have a more informed discussion. Councilman Hauenstein said there are a lot of different sized signs out there can we uniform the size. Mr. Supino said there is a maximum size. Councilman Myrin asked if we could do it with a duration. Ms. Garrow replied it is a possibility. Councilwoman Mullins said for the construction wraps would it require a graphic and what is the additional cost to the contractor. Councilman Frisch said his preference is two or three choices if one is the brown my choice is no. Ms. Garrow said at a minimum we would need to phase in the art. Councilwoman Mullins said she would support brown as an option. Councilman Frisch moved to read Ordinance #22, Series of 2017; seconded by Councilman Myrin. All in favor, motion carried. ORDINANCE NO. 22 (SERIES OF 2017) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING CODE AMENDMENTS TO LAND USE CODE CHAPTER 26.510 – SIGNS AND PART 26.100.104 – DEFINITIONS. Councilwoman Mullins moved to adopt Ordinance #22, Series of 2017 on first reading; seconded by Councilman Frisch. Roll call vote. Councilmembers Hauenstein, yes; Myrin, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #18, SERIES OF 2017 – Callahan Subdivision Lots 12 and 12A, Minor Subdivision, Lot Split; Minor Amendment to a Planned Development; and Removal of an Accessory Dwelling Unit. Ben Anderson, community development, told the Council the property is located on 1449 /1452 Crystal Lake Rd. This is for a lot split and two additional reviews including a minor amendment to the PD. It is an interesting shaped lot, double flag lot with a drive entrance. The main house is on lot 12 with a guest house on 12A. The property is currently considered a single lot and has been since 1976 when the subdivision was created. 1449 where the main house is located has a single family residence. 1452 with the guest house has two dwelling units including the ADU. The lots were drawn and labeled separately. The subdivision agreement has language where the lots are collectively designated and lot 12A is the guesthouse for lot 12. In 1976 we did not have the language for a guesthouse. Regular Meeting Aspen City Council August 14, 2017 8 The review criteria are pretty clear. Guaranteed access to a public way. Alignment with the original townsite plat. Zoning conformation. Existing structures, uses and non-conformities. To approve the lot split we added language for the minor amendment to the PD and removal of the ADU. Four things are included to the PD. Clarity to the status to lots 12 and 12A. Clarity to future redevelopment rights. On lot 12A, there could be a 4,700 square foot house. The applicant has agreed to limit the redevelopment potential to the existing development. The third point would clarify the setbacks/building site for lot 12A to the current R-15 setbacks and honors the existing easements for the Salvation Ditch and a bike/pedestrian path. The fourth condition would clarify the portion of lot 12A labeled open space. The accessory dwelling unit was approved by P&Z in 2001 to correct a bandit unit in the guest house and provide growth management mitigation for construction of the new home on lot 12. It was approved to be larger than allowed by code. A deed restriction was never recorded. Removal of the ADU is necessary. Code language established in 2015 creates a standard process for removing an ADU. Regardless of size, a voluntary ADU is removed by 1- extinguishing 38 FTE, category 2 AH credits or payment of fee in lieu. 2- changing the features that make the space a dwelling unit, kitchen features or internal connection to the rest of the structure. If approved 12 and 12A will be distinct lots. Future development will be limited to existing floor area redevelopment of lot 12A limited to a new building site that complies with R15 setbacks and existing easements. Councilwoman Mullins said for the open space does the other land owner have an easement. Mr. Anderson replied yes. There is a secondary access that also has an easement. Councilman Myrin said on page 433 it mentions three conditions; speak to those. Ms. Garrow said all of those have been incorporated. Mr. Anderson said this came from the Gerson family and they have been involved in the process and we tried to incorporate their concerns. Councilman Hauenstein said he keeps coming back to it was originally created as one lot not to be sold separately. Mr. Anderson said staff looked at that statement seriously. We have a process within the land use code for a lot split and this meets that criteria for evaluating that. Standing at the site there is 450 feet between these two dwellings. It was difficult going back into the research to determine why that was included. Ms. Garrow said the important part from staff is when on the ground if the lot split were to happen you would not know it. Councilman Hauenstein said the part of 12A that is to the east of Crystal Lake Road will remain undeveloped. Mr. Anderson replied correct. Ben Genshaft and Mitch Haas, representing the applicant. Mr. Haas said this is an odd parcel. We can’t figure out where the guest house came from. The owners are at a point in their life where they want to downsize and this lot split would allow them to do that. We have agreed to try to address everybody’s concerns. The issue about the open space on 12A I think we worked that out. Regarding the building envelop it is not tied in to any lot lines. We do know the ADU will be removed promptly. Mr. Genshaft said our clients really like where they live. This gives them some more flexibility and the ability to downsize and stay where they are. Mayor Skadron opened the public comment. 1. Aaron Fleck said nobody knows the future. This is a great opportunity to downsize. The time is right. 2. Jim Gerson, representing the family at 1448 Crystal Lake Rd, said they have been involved since the application came to the city. He thanked Ben Anderson for his availability. They are very Regular Meeting Aspen City Council August 14, 2017 9 supportive of the application and hopes Council will approve it. They are comfortable with the changes and support it. Mayor Skadron closed the public comment. Councilwoman Mullins said Ben made a clear case for why we should allow the lot split. She supports staff recommendation. Councilman Myrin said he supports staff recommendation. It will provide a benefit. The housing will be occupied when it is provided as a credit. It is 2,200 square feet less than allowed. Less built square footage and higher occupancy housing. Councilman Frisch said he is also supportive. Councilman Hauenstein said he has reservations because of Fritz and Fabi. This has been weird since 1976. Who knows how it got to where it is now. He will reluctantly support it. He likes the housing credit. He will support it. Mayor Skadron said his concern is with the ADU but as Ward and Bert said we will be getting a resident. He will support it. Councilwoman Mullins moved to adopt Ordinance #18, Series of 2017; seconded by Councilman Myrin. Roll call vote. Councilmembers Mullins, yes; Hauenstein, yes; Frisch, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. Councilman Frisch moved to adjourn at 8:25 p.m.; seconded by Councilman Hauenstein. All in favor, motion carried. Linda Manning, City Clerk.