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HomeMy WebLinkAboutminutes.council.20180409Regular Meeting Aspen City Council April 9, 2018 1 SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2 Plastic Straw Pledge – Aspen Elementary Second Graders .......................................................................... 2 CITIZEN COMMENTS ............................................................................................................................... 2 COUNCIL COMMENTS ............................................................................................................................. 2 BOARD REPORTS ...................................................................................................................................... 3 CONSENT CALENDAR ............................................................................................................................. 3 Resolution #63, Series of 2018 – Tree Trimming Contract .................................................................. 3 Resolution #62, Series of 2018 – Water Model Project ........................................................................ 3 Resolution #47, Series of 2018 – On-Demand Transportation Services Contract ................................ 3 Resolution #59, Series of 2018 – Approval of Documents related to Permanent Financing for Aspen Country Inn ................................................................................................................................................... 3 Resolution #61, Series of 2018 – Boom Truck Contract ...................................................................... 3 Minutes – March 26, 2018 .................................................................................................................... 3 ORDINANCE #8, SERIES OF 2018 ............................................................................................................ 3 ORDINANCE #9, SERIES OF 2018 – Public Project Review for the Pitkin County Ambulance District Facility .......................................................................................................................................................... 4 RESOLUTION #65, SERIES OF 2018 – Amendment to Subdivision Exemption Agreement, Philips/Gordon Lot Split ............................................................................................................................... 5 RESOLUTION #179, SERIES OF 2017 – Appeal of an Interpretation of the Land Use Code related to an Accessory Dwelling Unit at 910 E. Cooper .................................................................................................. 6 Ms. Garrow said this will adopt the resolution affirming the community development interpretation. ....... 6 Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. ....................................................................................................................................................... 6 RESOLUTION #64, SERIES OF 2018 - Temporary Use and Growth Management Review for Temporary Tents at Maroon Creek Club ...................................................................................................... 6 Regular Meeting Aspen City Council April 9, 2018 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin, Hauenstein, Frisch and Mullins present. SCHEDULED PUBLIC APPEARANCES Plastic Straw Pledge – Aspen Elementary Second Graders Mayor Skadron said awareness around straws needs to be raised. The second graders are here to ask us to stop using them. Amy Coyle, teacher, said she is here with members of the class. There are 17 students in the class. This started with a sea turtle with a straw up its nose. The kids created a plan to eliminate straws in the cafeteria. Mayor Skadron said five million straws are being thrown into the ocean. Ms. Coyle replied correct. The kids introduced themselves. Mayor Skadron thanked them for bringing this to our attention. Maya, student, said 526 people signed the no straws pledge to ban plastic straws. Councilman Myrin said having the one on one conversation is what changes the community. Continue with the pledge book. Castle Creek Bridge Update – Hailey Guglielmo and Pete Rice, engineering, said the trees have been relocated to the golf course. There has been lots of subgrade work. Mr. Rice talked about the cost breakdown. The RFTA numbers have been slightly higher. Vehicle counts are about the same. Traffic has been moving pretty good. CITIZEN COMMENTS 1. Marcia Cook, 621 W Francis St., said despite what everyone says about the traffic, it is scary. Twice this past week I have almost been hit by a car. In every single turn on Power Plant Road there are no lines. I don’t mind construction or change. I do mind when our safety is compromised. Traffic in the west end needs to be slowed down. Too many people aren’t familiar with how dangerous Power Plant Road is. Mr. Rice said typically lines are scheduled to be painted in early May. We are having the discussion with the Streets Department of striping it earlier. Councilwoman Mullins asked if the schedule can be moved up. Mr. Rice said they are having that discussion. We did some speed tests before this project because we heard the speeds were too high and they did come back high. There is something that we need to look at in general not just for construction. During construction, she is right, we have kind of waived the people through. It is a balance of everything. The flaggers are doing the best they can. Councilman Frisch said he wants to focus on Power Plant Road, striping, one way and maybe signage at each end that says caution two way traffic. Mayor Skadron asked if the striping schedule can be moved up. Mr. Rice said he will speak with streets. Councilman Myrin asked Council to wait until November when the bridge is finished before we add construction for the city offices and not contribute to the traffic. It is a policy issue. COUNCIL COMMENTS Councilman Hauenstein said the pow wow was a great event. He participated in a dance with the indigenous people. It was a colorful event with the hoop dances. He acknowledged the passing of Bobby Beattie. Rest in peace Bobby. Councilwoman Mullins said as a town we pride ourselves on our individuality and sports. We lost one of our dedicated members of mountain rescue, John Galvin yesterday. It was a terrible loss to mountain rescue and the community. Our hearts go out to John’s friends and family. Councilman Myrin said Stillman Steins from Ipro messaged me about construction starting outside his shop and asked if there is a priority about construction starting during off season instead of during ski season. Mayor Skadron said it may be valid but it is too complex a matter. Justin Forman, engineering, said we can come back during a work session to discuss it. Councilman Myrin said if there is a time for the city to do utility work not during the ski season. Steve Barwick, city manager, said we will send an Regular Meeting Aspen City Council April 9, 2018 3 email first. Councilman Myrin said once we finish the bridge will there be interest to do construction on the round a bout to make the round a bout more efficient. Mayor Skadron thanked Deanna and Roland and the entire Ute Nation. It was a warm gathering no matter the rain. He participated in Aspen’s first park run Saturday morning. It is open to everyone and free. Thanks to Shelly and the whole ARC team. Regarding Bob Beattie, his voice was a regular around the skiing events. BOARD REPORTS Councilwoman Mullins said the board of health has transitioned to a more experienced based board. It is a seven member board with one representative from City Council, Snowmass Town Council and the BOCC and four experience based members. She is excited about the change. In June, Council needs to decide who will represent them on the board. She said she would be happy to continue to represent Council on the board. Mayor Skadron said he supports that. Councilman Myrin said he also supports that. Councilwoman Mullins said if anyone wants to have further discussion we have until June. Councilman Hauenstein said for Sister Cities, there is a group in from Chamonix. There was also a group in from Bariloche consisting of seven medical professionals this winter as well. CONSENT CALENDAR Reso 63 – Tree Trimming Councilman Myrin said he heard people are unhappy about the City trimming trees in the right of way without advance notice. Can we let them know ahead of time. Ian Grey, forester, said we can give them advance notice. With big removal we give 14 day notice but that may be excessive. We have units that we do every year and we send out notice in the paper. We probably can’t say what day but we can give notice. Councilman Myrin said that would be helpful. Councilwoman Mullins asked if this is a not to exceed contract. Mr. Grey replied yes. Councilwoman Mullins asked if it is the same volume of work that you have done in the past. Mr. Grey replied yes. Reso 47 – Transportation Services Councilman Myrin said he likes the idea of bringing this closer to RFTA so it is akin to public transportation. Is it possible to rebrand it. I don’t want the contractor to stand in the way of us. John Krueger, transportation, said I have to think about if we want it to look exactly like the busses. We should consider it. Councilwoman Mullins said previously we saw the service area expand without us being aware of it. Mr. Kruger said it is the same service area and hours. If we want to change it we can. Councilwoman Mullins asked what locations were excluded because of the taxis. Mr. Kruger said originally it was the music tent. Councilwoman Mullins said we are increasing from five to seven vehicles. Mr. Kruger replied correct. • Resolution #63, Series of 2018 – Tree Trimming Contract • Resolution #62, Series of 2018 – Water Model Project • Resolution #47, Series of 2018 – On-Demand Transportation Services Contract • Resolution #59, Series of 2018 – Approval of Documents related to Permanent Financing for Aspen Country Inn • Resolution #61, Series of 2018 – Boom Truck Contract • Minutes – March 26, 2018 Councilman Hauenstein moved to approve the Consent Calendar; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #8, SERIES OF 2018 – Sales Tax Code Amendment Regular Meeting Aspen City Council April 9, 2018 4 Jim True, city attorney, stated in November we passed the sales tax for cigarettes. While the terms for the tax would address this, we felt we would delete any exemptions for cigarettes. Councilman Hauenstein asked how did we pass the tax and exempt cigarettes. Mr. True replied it is an old provision. This will clarify the code. Councilwoman Mullins moved to read Ordinance #8, Series of 2018; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 8 (SERIES OF 2018) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 23 OF THE MUNICIPAL CODE TO REMOVE CIGARETTES AS EXEMPT FROM SALES TAX. Councilwoman Mullins moved to adopt Ordinance #8, Series of 2018 on first reading, seconded by Councilman Hauenstein. Roll call vote. Councilmembers Hauenstein, yes; Mullins, yes; Myrin, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #9, SERIES OF 2018 – Public Project Review for the Pitkin County Ambulance District Facility Ben Anderson, community development, stated this is a two phase project. The first includes the parking area and bus stop. The second is the ambulance facility. The major public project review is an expedited review. The existing conditions include a 2.8 acre site, .5 to 1 allowable floor area, the site contains the existing health and human services building and the property is owned by the hospital district. The lot was subdivided under Pitkin County and later annexed into the city. He showed images of the existing site plan and the proposed with the redesigned parking lot. The lot is zoned public. The dimensions are set by the planned development. The front yard set back is currently set at 30 feet and the applicant is asking for 10. Staff is recommending 10. The height is set at 28 feet and the proposal is at 33. Staff is recommending 28. There is a growth management waiver request. This is an essential public facility. There is no limit on annual allotments. Employee generation can be evaluated based on actual employee count rather than floor area calculations that are more typical. The APCHA board recommended waiving growth management subject to the condition of an audit prior to CO and a five and ten year audit. Jessica Garrow, community development, gave some background on affordable housing for essential public facilities. All essential public facilities go through this process. They make an estimation for how many employees will be created after the project is created. Because these are unique uses they have different types of space requirements and different space configurations. They typically do an audit. This project is not asking for anything different than any other essential public facility. Mr. Anderson said one question that did come up was what is the plan for the existing ambulance facility. Right now, the plan is to store equipment and mechanical. The hospital has an audit required of them as well so this space will be captured in a future audit. Councilman Hauenstein asked is the bus stop normally part of the mitigation. Mr. Anderson replied yes, typically the process involves TIA. Based on the demand and trips it involves mitigation. Councilman Hauenstein said this project and the court house are both using the fast process. The city offices used the normal one and held ourselves to a higher stander. He asked for a baseline for what mitigation we are talking about if it were commercial or residential. Councilman Myrin asked what does the ambulance district do. Gabe Meuthing, ambulance district director, stated it supplies ambulances to the upper valley. Our employees park in the hospital lot. We supply ambulances 24/7/365. John Peacock, county manager, said right now we are proposing to build the new building on an existing parking lot that serves the HHS building. Councilman Myrin said it is our policy to do what we are doing to count employees five or ten years later. It is not a sustainable Regular Meeting Aspen City Council April 9, 2018 5 policy going forward, particularly with a taxing district. I don’t think there is room to exempt essential public facilities. We ought to consider changing the policy going forward. Councilwoman Mullins said thanks for the tour today. It did point out the need for a new facility. She is concerned about the height. There is a lot of mass out there already. 33 feet will create quite an impact. She is concerned about the TIA, TDM, snow storage and trash. Mr. Anderson said they have not seen yet the design outcome but there has been a lot of movement on those. Councilwoman Mullins said she needs more clarification on the parking spaces. Mayor Skadron asked why height in excess of allowable. Councilman Frisch moved to read ordinance #9, Series of 2018; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE NO. 9 (SERIES OF 2018) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING MAJOR PUBLIC PROJECT REVIEW AND RELATED LAND USE APPROVALS FOR THE PITKIN COUNTY AMBULANCE DISTRICT FACILITY LOCATED AT 405 CASTLE CREEK ROAD ON THE CAMPUS OF THE ASPEN VALLEY HOSPITAL, LEGALLY DESCRIBED AS: LOT 1, PARCEL A, THE ASPEN VALLEY HOSPITAL DISTRICT SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 30, 1989, IN THE PLAT BOOK 23 AT PAGE 34 AS RECEPTION NO. 314687 AND AMENDMENT THERETO RECORDED JULY 25, 1991 IN PLAT BOOK 27 AT PAGE 6 AS RECEPTION NO. 334895, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Councilman Frisch moved to adopt Ordinance #9, Series of 2018 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Mullins, yes; Hauenstein, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #65, SERIES OF 2018 – Amendment to Subdivision Exemption Agreement, Philips/Gordon Lot Split Ms. Garrow told the Council this is related to resolution 179. This came to Council first in December. The appeal is in response to an interpretation related to an ADU used for mitigation. After extended conversations with the applicant a solution has been proposed to create an amendment to the subdivision agreement. In the agreement from 1994 it spells out the mitigation and this would clarify exactly what mitigation would be required if that ADU would be removed. We are recommending you approve this amendment and if approved when we get into the public hearings you would vote to affirm my interpretation. Councilwoman Mullins said she will support this. It is unfortunate. Everything that was presented to us pointed that it was mitigation for two employees. I think that is the mitigation the applicant should be paying. It was pointed out that it was never explicit in the subdivision agreement. That is our mistake for not doing that. It is important to clarify in this case. I’m not happy with the decision but I will support it. We don’t have the information or the paper trail to support the mitigation for two employees. Councilman Myrin said he will not support it. It is clear it is for two employees. Councilman Frisch said the reason I voted on the other side is not because it is not what Ann and Bert said but there were some honest mistakes made on our side. I firmly believe what Ann and Bert said. Councilman Hauenstein said he support this because I think that is what the intent was. The 600 was the mitigation for both. Regular Meeting Aspen City Council April 9, 2018 6 Mayor Skadron said he will not support this. I am not sufficiently persuaded. Councilman Hauenstein moved to adopt Resolution #65, Series of 2018; seconded by Councilman Frisch. Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes, Myrin, no, Mullins, yes; Mayor Skadron, no. Motion carried. RESOLUTION #179, SERIES OF 2017 – Appeal of an Interpretation of the Land Use Code related to an Accessory Dwelling Unit at 910 E. Cooper Ms. Garrow said this will adopt the resolution affirming the community development interpretation. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Hauenstein moved to adopt Resolution #179, Series of 2018; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Myrin, no; Hauenstein, no; Mayor Skadron, no. Motion carried. Mr. True said this is different. This is affirming the decision that supported the position you took earlier. Mayor Skadron said he wants to be clear about what each Councilmember is voting. What we are doing is to affirm the community development director’s decision. Mr. True said which could be related to other situations that are similar to this. Mayor Skadron said his vote needs to be yes to be with his other position. He said he wants his vote to reflect that future applications asking for similar permissions will not be granted and will be required to provide for mitigation for two employees. Ms. Garrow said then you should vote yes. Councilman Frisch said it should be five zero if we believe in the future this should not happen. Mr. True replied yes. Councilman Myrin said this does not impact the current. Councilman Frisch said no that was the last one. Mr. True said the distinction that exists here is there was a subdivision exemption agreement that was specific to this property and we amended that. Mayor Skadron asked if we should call the vote again. Mr. True said he would recommend that. Mayor Skadron said there is a motion and a second to affirm the community development decision which calls for mitigation for two employees should this come before council again. Roll call vote. Councilmembers Frisch yes; Mullins, yes; Myrin, yes; Hauenstein, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #64, SERIES OF 2018 - Temporary Use and Growth Management Review for Temporary Tents at Maroon Creek Club Mr. Anderson said the tents are proposed for four locations including the driving range, pool, lawn and near the club condos. The applicant is asking for 83 designated days with 10 additional days for flexibility. It is consistent with the historic use. The employee mitigation is $10,278.91. They are asking for five years of approved annual renewals with the possibility of five additional annual renewals with yearly administrative approvals. Staff supports the approval. Staff has received comments from two neighbors at the club side condos objecting to the proposed tent use that sits on the lawn. We don’t have any complaints related to this use. Mitch Haas, representing the applicant, stated they are happy with the staff recommendation. Everything in the application has been going on for the past 15 years David has been managing the club. Mayor Skadron opened the public comment. 1. Jim Corpula, HOA manager for club side, said he has heard from all eight home owners that they oppose the lawn tent. Regular Meeting Aspen City Council April 9, 2018 7 Councilwoman Mullins asked does the lawn tent benefit all the members. Mr. Corpula replied there are 800 members. Councilwoman Mullins asked what functions would you eliminate. Mr. Corpula replied the kick off party and the golf benefit. Councilman Myrin said the bigger issue is the Jerome, St. Regis and others using tents to address peak demand. $10,000 wouldn’t address the housing. If it were up to me we would address the policy change to mitigate for the square footage. Councilman Hauenstein said if one percent of the membership is opposed that means 99 is not. He would like to leave it to the club to figure out. He would be in favor of it. Councilman Frisch said he is here to follow staff’s suggestion. We should set some general rules and put them in place. This should be in staff’s hand. Tent’s are part of an event town, which we are. Councilwoman Mullins moved to adopt Resolution #64, Series of 2018; seconded by Councilman Hauenstein. All in favor, motion carried. At 7:10 p.m. councilman Hauenstein moved to adjourn; seconded by Councilman Frisch. All in favor, motion carried. Linda Manning, City Clerk