HomeMy WebLinkAboutminutes.council.20001127Regular Meeting Aspen City Council November 27, 2000
Mayor Richards called the meeting to order at 5:00 p.m. with
Councilmembers McCabe, Hershey, Markalunas and Paulson present.
CITIZEN COMMENTS
1. Casey Clark said there is a memorandum from the planning
department stating Cemetery Lane residents will have an option to
vote on a neighborhood plan that has not been heard by P & Z. Ms.
Clark stated the P & Z meeting was not open for public comments and
the Cemetery Lane residents were not heard. Ms. Clark asked when
the Cemetery Lane residents will be heard. Nick Lelack, community
development department, told Council P & Z held public hearings last
summer on the house size control/FAR issue. Lelack said there was
no quorum at P & Z on the Cemetery lane neighborhood plan so it
could not be discussed. Lelack said there was a quick vote of
residents on house size control; 6 voted to keep the house size the
same and 2 voted to decrease it. This was based on visual preference,
not on zoning actually allowed. Lelack said staff will go back and
clarify this with residents. Lelack said there will be another
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Cemetery Lane meeting December 14 .
Ms. Clark stated house size is an important issue to the residents of
Cemetery Lane and the residents should be heard before Council has
an ordinance before them. Mayor Richards said before there anything
on the table, there is nothing to comment about. Mayor Richards said
if Ordinance #56 passes on first reading, there will be a full public
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hearing December 18 , which will be after the Cemetery Lane
neighborhood meeting. John Worcester, city attorney, noted
neighborhood meetings are not part of the normal ordinance adoption
process. Ms. Clark said this is an important issue and citizens should
be heard before Council takes a vote on this Ordinance. Ms. Clark
said Council is going forward on this issue illegally. Worcester
pointed out Ordinance #56, Techniques to Control House Size has
been placed on the action item agenda even though it is first reading.
COUNCILMEMBER COMMENTS
1. Mayor Richards thanked the organizers and volunteers for the World
Cup races held this weekend. It was a great event. Mayor Richards
thanked the Ski Company for pursuing this race.
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Regular Meeting Aspen City Council November 27, 2000
2. Councilman Markalunas noted articles in the Aspen Times about
energy and that Council encourages the use of renewable energy.
Councilman Markalunas said everyone has to do something about
growth, to do something to curb excess energy uses. Council should
do all they can to increase renewable energy resources, to develop
windpower and hydroelectric.
3. Councilman Hershey agreed the Ski Company did an excellent job
with World Cup, as did all the volunteers.
4. Steve Barwick, city manager, requested the RTA Board of Director
appointments be added to the consent calendar. Councilman Paulson
moved to add this to the consent calendar; seconded by Councilman
Markalunas. All in favor, motion carried. Councilman Hershey
pointed out any Council member can attend any RTA meeting.
5. Steve Barwick, city manager, requested an executive session on
potential litigation be added to the end of the meeting.
CONSENT CALENDAR
Councilman McCabe requested Resolution #152, Series of 2000 -
Renewable Energy Mitigation Program be taken off the consent calendar.
Councilman Paulson moved to read Ordinance #55, Series of 2000;
seconded by Councilman Hershey. All in favor, motion carried.
ORDINANCE #55
(Series of 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND PROVISIONS OF THE LAND USE CODE
RELATED TO THE AUTHORITIES OF THE PLANNING DIRECTOR,
EXTENSION OF NON-CNFORMING USES, ABILITY TO RESTORE
NON-CONFORMING USES, INTERPRETATIONS, AUTHROITY TO
HEAR APPEALS, REULATIONS FOR ENVIRONMENTALLY
SENSITIVE AREA, REFERENCE TO THE ASPEN/PITKIN COUNTY
AFFORDABLE HOUSING GUIDELINES, GROWTH MANAGEMENT
EXEMPTYIONS FOR ACCESSORY DWELLING UNITS, PROHIBITED
SIGNS, BUILDING HEIGHT LIMITATIONS FOR SOLAR PANELS,
OPEN SPACE REQUIREMENTS FOR TRELLIS STRUCTURES, FENCE
HIEGHT REGULATIONS, RENTAL AND RESALE RESTRICTIONS
FOR THE MULTI-FAMILY HOUSING RECONSTRUCTION CREDITS
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Regular Meeting Aspen City Council November 27, 2000
AND THE AFFORDABLE HOUSING ZONE DISTRICT OF THE LAND
USE CODE, RESPECTIVELY SECTIONS 26.104.100, 26.210, 26.304,
26.435, 16.470, 26.480, 26.510, 26.575, 26.590 AND 26.710.110
Councilman McCabe moved to adopt the consent calendar as amended;
seconded by Councilman Markalunas. The consent calendar is:
·
Board of Adjustment Appointment - Mark Hesselswerdt
·
Resolution #146, 2000 - Wagner Park Restroom Contract Wills Pember
·
Ordinance #55, 2000 - Land Use Code Amendments
RTA Board of Directors Appointments - Rachel Richards, regular; Tony
·
Hershey - Alternate
All in favor, motion carried.
RESOLUTION #152, 2000
- Renewable Energy Mitigation Program
Spending Approval
Mayor Richards said Council's concern is whether the money generated in
Pitkin County is being used in other communities that are not doing the
same type of mitigation. Council was concerned about leasing the low
emission vehicle; paying for this for other governments, and the
demonstration project being in Glenwood Springs. Randy Udall, CORE,
said these are valid concerns and he has not had a chance to discuss these
things with Council. Udall said the CORE board would like to see the
geographic boundaries for the REMP program as large as possible. Udall
said spending any of this money outside Pitkin County should be addressed.
Councilman McCabe said he would like to see the money raised from the
REMP in Pitkin County spent in Pitkin County. Councilman McCabe said
he would like the success of this program be emulated by other counties.
Councilman McCabe noted the programs suggested in this resolutions could
go farther if limited to Pitkin County. Mayor Richards suggested this be
brought up at the next Council/Commissioners meeting.
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Regular Meeting Aspen City Council November 27, 2000
Mayor Richards moved to approve Resolution #152, Series if 2000, deleting
items 4 and 7 and modifying #6 to be within Pitkin County; seconded by
Councilman Hershey.
Councilman Paulson pointed out Aspen and Pitkin County fund things
outside their political jurisdictions, like Garfield County youth services,
RFTA outside the county. Councilman Hershey said he would like an
opportunity to review these expenditures in more detail and to discuss it with
the Commissioners.
Mayor Richards amended her motion to re-include a partnership with
Snowmass Village on a photovoltaic demonstration project and the Aspen
Skiing Company; seconded by Councilman Hershey. All in favor, motion
carried.
Roll call vote; Councilmembers Paulson, yes; McCabe; yes; Markalunas,
yes; Hershey, yes; Mayor Richards, yes. Motion carried.
ORDINANCE #52, SERIES OF 2000
- Appropriations
Tabatha Miller, finance director, reminded Council they have seen most of
these appropriation requests. Ms. Miller said items not seen by Council
before are money donated for equipment to rent at the skateboard park;
Aspen mountain drainage plan of $47,000; $16,000 streets department
payout. There is $10,000 for landscaping at Water Place. This money has
been in the budget; however, staff failed to carry it forward. There is tree
mitigation, which is funded from payment-in-lieu fees. There are additional
costs at Cozy Point for repair and maintenance, which has been agreed to
earlier. There is an appropriation under Wheeler funds to purchase an
electric roller movie screen, which will be a staff cost savings. There is a
$6500 contribution from the Film Society.
In the affordable housing/day care there are some expenses for Burlingame
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and 7 and Main; there are legal fees for the W/J lawsuit and investigation.
These are being split with the county. In the water fund, there is a request
for a purchase from the general fund for #1 Water Place, which is being
occupied by a water department employee. Ms. Miller explained the budget
transfer process between funds.
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Regular Meeting Aspen City Council November 27, 2000
Mayor Richards opened the public hearing. There were no comments.
Mayor Richards closed the public hearing.
Councilman Hershey moved to adopt Ordinance #52, Series of 2000, on
second reading; seconded by Councilman Markalunas. Roll call vote;
Councilmembers Paulson, yes; McCabe, yes; Hershey, yes; Markalunas,
yes; Mayor Richards, yes. Motion carried.
RESOLUTION #147, SERIES OF 2000
- Petrick Pre-Annexation
Agreement
John Worcester, city attorney, reminded Council at their last discussion there
were concerns that if the property were annexed, the conditions of approval
may not be sufficient to protect the neighborhood and to give the city the
assurance that the slope is stabilized and that the revegetation has occurred.
Worcester said the pre-annexation agreement gives an applicant the
assurance that if he comes up with a revegetation and slope stabilization
plan, that the city will approve the annexation and rezoning.
Nick Lelack, community development department, noted the changes in the
pre-annexation agreement since Council last saw it. Language was added in
3(a) having to do with the ADU, "this condition may be waived by City
Council, if City Council makes a determination that adequate on-site parking
for the accessory dwelling unit cannot be provided in a reasonable or
appropriate manner". 3(b) adds language, "unless the ADU requirement is
waived pursuant to the above, the applicant shall convey…”
There is a change in section (m) stating there will be a letter of credit equal
to 120% of the estimate of the cost to perform the work, rather than the city
placing a lien on the property in the future. There is a change to (x) stating,
"The applicant shall provide a minimum of 7 parking spaces on site, 4 of the
spaces will be within the garage. This requirement may be reduced to 6
parking spaces if City Council waives the ADU requirement".
Lelack said remaining issue is what will be revegetated and stabilized on the
site. The applicant proposes the south property line, just south of the house
by 25 feet, to the end of the north driveway. Lelack said staff would like to
see some slope stabilization north of the north driveway. Mayor Richards
suggested this area be part of the cost estimate so the applicant and Council
can look at this with costs to see the bigger picture and total costs.
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Regular Meeting Aspen City Council November 27, 2000
Rich Petrick said this would expand the area 3 times as what has been
discussed. Petrick noted only the previous owner's area of disturbance has
been discussed. Petrick said part of that area is not owned by him.
Mayor Richards opened the public hearing.
Art Phillips, adjacent property owner, said he is concerned about the parking
on site and what property is being annexed and to whom does it belong.
John Worcester, city attorney, said an applicant for annexation cannot ask
the city to annex property not owned by that applicant. The annexation map
submitted includes only land owned by Petrick. Phillips stated he is
opposed to annexation because of lack of adequate parking. Haas said
annexation deals only with the property, not what is going to be on the
property.
Neil Hirst said at the last meeting two things were requested, a site
demonstration, and map of 7 parking spaces and a slope stabilization plan.
Hirst requested a report of the city engineer be entered into the record on
what needs to be done to stabilize the slope. Councilman Hershey said the
purpose of the pre-annexation agreement is to require that slope stabilization
report before the land is annexed. Mayor Richards said the applicants are
not going to go forward with the slope stabilization plan or parking for 7
cars until there is an agreement stating if they successfully complete those
issues, they will be annexed into the city.
Penny Ritchie stated she is against annexation. This should be a single-
family house, which is what it has always been and what was approved.
Worcester said the city is not interested in costs but in having the problems
solved. Worcester noted when the applicant has a plan, he will be required
to bring it back to the city and the engineer and parks department will look
at that plan. Julie Ann Woods, community development department, said
this property would only have to provide 5 parking spaces under the land use
code. This agreement would require 2 additional parking spaces. Ms.
Woods said any parking plan should address these additional parking spaces.
Mayor Richards closed the public hearing.
Councilman Hershey said this is a difficult issue and the only way to extract
parking spaces or slope stabilization is to do this through a pre-annexation
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Regular Meeting Aspen City Council November 27, 2000
agreement. Councilman McCabe said during the site visit, he thought it was
clear that the area what was to be contained in the revegetation was the
disturbed footprint and nothing else. Councilman McCabe said it would not
be fair to ask Petrick to extend work outside that area. Councilman
Markalunas said there may be some culpability on behalf of the developers
of Pitkin Mesa.
Councilman Paulson said he feels this agreement is fair and is the best way
to get this property stabilized. Mayor Richards supports this pre-annexation
agreement. Mayor Richards said one can define the area of disturbance of
the building site as where the native vegetation takes over. Mayor Richards
asked about increased liability. Worcester said annexing a property should
not increase the city's liability. Worcester said there is a slight increase the
city will be included in any lawsuits. Mayor Richards asked if there is
language in the pre-annexation agreement. Worcester pointed out section
(I).
Councilman Hershey moved to adopt Resolution #147, Series of 2000,
amending (2) to read "the slope on the property that was disturbed in the past
or would be disturbed in the future by additional construction on the
property, see exhibit B showing where native vegetation still exists";
seconded by Councilman Paulson. Roll call vote; Councilmembers
Markalunas, yes; McCabe, yes; Paulson, yes; Hershey, yes; Mayor Richards,
yes. Motion carried.
Councilman Hershey moved to continue Ordinances #44 and 48, Series of
2000, to February 12, 2001; seconded by Councilman Paulson.
ORDINANCE #56, SERIES OF 2000
- Code Amendment Techniques to
Control House Size
Joyce Ohlson, community development department, reminded Council there
was a joint work session with P & Z and HPC in September to go over these
code amendments. Council asked staff to test some amendments. Staff's
memorandum answers all issues brought up at that work session. Ms.
Ohlson recommended the ordinance not take effect until 90 days after
Council adoption so that anyone in the process or developing plans will have
time to carry them out.
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Regular Meeting Aspen City Council November 27, 2000
Alan Richman, city's consultant, reminded Council staff has been working
on these amendments for about 12 months. The premise was to look at (1)
sliding scale that affects floor area ratio; (2) enact volume control and (3)
address height regulations. Richman said the sliding scale regulates house
size in the city and relates the size of the house to the size of the lot. The
allowed size of the house increases as the lot increases but at a decreasing
rate. Richman said the city has floor area calculations in the land use code
outlining what counts as floor area and what is exempt from calculations.
Richman said his findings are that dealing with floor area alone cannot
control house size. The size of a house is the function of how much area
there is and how big the rooms are in terms of volume. P & Z has been
recommending the city look at volume control for year.
Richman said the way height is measured has been identified as a problem.
Height is currently measured around the perimeter of a building and
developers are putting higher areas in the interior portions of the building,
which makes structure look large. Richman reminded Council they wanted
some evaluation of how these controls might affect some structures viewed
by Council on their tour in February. There are pictures of these structures;
there is a table identifying the floor area allowed today and what it would be
under the proposed regulations. Richman said most structures are built to
the maximum floor area allowed and the demonstration structures would be
over the proposed floor area.
Richman said regarding height, the current regulations allow 25 feet;
however several of the houses viewed in the tour are higher because of
interior roofs, which are not currently measured. The proposed change to
measuring height will address these complex roof forms. Richman said
these are not dramatic changes; the changes are intended to make small cuts
and bring the houses into scale.
Richman said he looked into whether these changes would measure multiple
roof forms properly. Richman said the proposed ordinance would
accomplish this. Richman said staff looked at the FAR exemption for
garages for historic lot splits and whether this exemption should be split
between the two units. Staff feels everything that can be done to encourage
small scale houses is a good thing and recommends allowing an additional
250 square feet for those historic lot splits. Mayor Richards asked staff look
at this exemption before second reading and maybe it should only apply to
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Regular Meeting Aspen City Council November 27, 2000
smaller lots. Councilman Markalunas noted an unintended consequence of
these lot splits is to overwhelm the historic house and to destroy the intrinsic
value of that structure. Councilman Markalunas said he would like to see
the historic structure get the benefit of the lot split rather than the new
structure.
Richman told Council one suggestion is that there be more neighborhood
standard. Staff is working on the Cemetery Lane neighborhood plan. There
is not a lot of diversity in neighborhood standards. Richman said one way to
make this ordinance neighborhood based could be to follow the zone
districts; R-6 is the West End; R-15 and R-30 are Cemetery Lane. Richman
said Council could choose to not apply the changes across the board.
Richman pointed out volume control has not been included in R-15B as it
was annexed under certain agreements and more restrictive than other zone
districts.
Richman noted a proposed change to side yard setbacks to provide more
flexibility when people are doing two houses on the same lot. Currently
there is a combined side yard setback requirement that makes it impossible
to fit 2 houses on a lot. Richman suggested a sliding scale setback and not
to increase any side yard setback.
Richman noted there is some incentives in getting light and air to ADUs
when an owner wants to build subgrade. This language proposes 100 square
feet of counted floor area as exempt. P & Z did not recommend this
exemption as they do not like the way ADUs are being occupied, and they
feel there should be no exemptions for ADUs. Richman told Council P & Z
has recommended building models for all land use applications unless staff
makes a determination that a model would not be relevant. Ms. Ohlson
estimated models will cost between $500 and $1500 according to her
research. Richman's proposal was to require models only when there is a
public purpose to be served.
Councilman Markalunas moved to read Ordinance #56, Series of 2000;
seconded by Councilman McCabe. All in favor, motion carried.
ORDINANCE NO. 56
(SERIES OF 2000)
AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, TO AMEND CHAPTERS
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Regular Meeting Aspen City Council November 27, 2000
26.710, 26.575, 26.104, 26.304, AND 26.445 OF THE CITY OF ASPEN MUNICIPAL
CODE, TO: AMEND EXTERNAL FLOOR AREA RATIOS IN THE MEDIUM
DENSITY RESIDENTIAL (R-6) 26.710.040(D), MODERATE DENSITY
RESIDENTIAL (R-15) 26.710.050(D), MODERATE DENSITY RESIDENTIAL (R-15A)
26.710.060(D), LOW DENSITY RESIDENTIAL (R-30) 26.710.080(D), RESIDENTIAL
MULTI-FAMILY (R/MF) 26.710.090 (D), RESIDENTIAL/MULTI-FAMILY (R/MFA)
26.710.100 (D), RURAL RESIDENTIAL (RR) 26.710.130(D), COMMERCIAL CORE
(CC) 26.710.140 (D), COMMERCIAL (C-1) 26.710.150 (D), OFFICE (O) 26.710.180 (D),
LODGE/TOURIST RESIDENTIAL (L/TR) 26.710.190 (D), CONSERVATION (C)
26.710.220 ZONE DISTRICTS; TO AMEND CODE SECTION 26.575.020(A)(3) THE
METHOD FOR CALCULATING FLOOR AREA FOR GARAGES, CARPORTS AND
STORAGE AREAS; TO AMEND CODE SECTION 26.575.020 (A) (4) THE METHOD
OF CALCULATING SUBGRADE AREA; TO ESTABLISH MAXIMUM ALLOWABLE
VOLUME AS A DIMENSIONAL REQUIREMENT IN VARIOUS ZONE DISTRICTS;
TO DEFINE CERTAIN TERMS PURSUANT TO SECTION 26.104.100, DEFINITIONS,
HAVING TO DO WITH; DUPLEX DWELLING, PLATE HEIGHT, AND BUILDING
HEIGHT; TO AMEND THE MAXIMUM HEIGHT FOR DETACHED RESIDENTIAL
DWELLING IN SECTIONS 26.710.140 (D) (7) COMMERCIAL CORE ZONE
DISTRICT, 26.710.150 (D) (7) C-1 ZONE DISTRICT, 26.710.190 (D) (7)
LODGE/TOURIST RESIDENTIAL ZONE DISTRICT, AND 26.710.220(D) (7)
CONSERVATION ZONE DISTRICT; TO AMEND 26.710.040 (D) (5) (c) THE
MINIMUM SIDE YARD SETBACK IN MEDIUM DENSITY RESIDENTIAL (R-6)
ZONE DISTRICT; TO AMEND SECTION 26.304.030 APPLICATION AND FEES, TO
INCLUDE BUILDING MODELS; TO DELETE SECTION 26.575.020 (A) (5) VOLUME
AND ADD SUBSECTION E, VOLUME, TO THIS SECTION, CALCULATIONS AND
MEASUREMENTS; AND TO AMEND SECTION 26.445.040(C) TO ADD
SUBSECTION 14, MAXIMUM VOLUME
Paul Rasmussen said taking 10 or 15 percent away from a house will lose a
bedroom or make the bedrooms smaller. Rasmussen said in this climate the
inside of a house is more important because people congregate inside. Ben
Hall, Cemetery Lane, noted recent neighborhood meetings on Cemetery
Lane neighborhood planning, floor area reduction was never mentioned.
The homeowners were not asked if they were interested in these reductions.
The meetings were designed around resident's likes and dislikes. Hall asked
where this code amendment is coming from, if not the homeowners and
residents.
Mayor Richards said in 1995 Council passed the design review standards
with the intention of containing the monster homes that were changing the
character as neighborhood. Mayor Richards said Council was getting letters
and phone calls daily from citizens about this issue. The city brought in
architects and designers to come up with these design review standards,
which address primary and secondary mass, houses facing the street. Mayor
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Regular Meeting Aspen City Council November 27, 2000
Richards said at that time there was a discussion about reducing FAR and
Council decided to see if these review standards would address monster
homes. Council was still hearing consistently from people whose views
have been blocked, whose neighborhoods have changed. Mayor Richards
said staff and P & Z have been working on these code amendments for over
a year. Councilman Paulson said he feels a majority of people want smaller
structures in their neighborhood as well as to live in.
Stewart Lusk said Ordinance 30 called for a 9 to 12 foot no window zone,
which is difficult to explain to people building houses in Aspen. Lusk said
there isn't a way to design a house and fit everyone's desires and budget.
Every lot is different, there are different views. Lusk said large lots are
being penalized by this sliding scale. Lusk said these should be considered
neighborhood by neighborhood. Lusk said these amendments affect all
property owners in town.
Council agreed with staff's recommendation not to require models for all
land use applications, leaving it to the discretion of the community
development department. Council agreed with the 100 square foot bonus for
subgrade ADUs that have light and air. Council agreed that stairs to an
upper floor should not figure in the 9 foot plat height. Council agreed with
the modification of the side yard setbacks so it is not more restrictive than
today's standard.
Council agreed with the method of height measurement as proposed in this
ordinance as well as the volume controls. Mayor Richards suggested for
second reading the above grade ADU and garage bonus should be outlined.
Councilman Hershey asked for second reading staff present how many lots
over 45,000 square feet exist in the city.
Mayor Richards said the question is raised on what affects property values
and what does not. Mayor Richards said this is a subjective issue and
difficult to measure over long periods of time. Mayor Richards said the
character and quality of one's overall neighborhood affect resale of anyone's
property. Councilman Markalunas said good regulations increase property
values.
Councilman McCabe asked if the volumetric regulations by themselves
would contain house sizes. Richman said mathematically they fit together,
volume is an expression of the floor area. Richman said the more floor area
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Regular Meeting Aspen City Council November 27, 2000
is limited, the more restrictive volume control and the more effective volume
control will be. Councilman McCabe said any change will benefit some and
hurt others, and changes will be met with resistance.
Councilman Paulson said these regulations are about maintaining a life style.
Councilman Paulson said large homes consume too much of the
environment. Councilman Paulson said two important steps towards
sustainability are to stabilize the population and move toward greater
material and energy efficiency, use of goods and services. Councilman
Paulson said large houses are not efficient and are not good use of materials
and services.
Councilman Markalunas moved to adopt Ordinance #56, Series of 2000, on
first reading; seconded by Councilman Paulson. Roll call vote;
Councilmembers McCabe, yes; Hershey, no; Markalunas, yes; Paulson, yes;
Mayor Richards, yes. Motion carried.
ORDINANCE #53, SERIES OF 2000
- Aspen Mountain Section L and M
Amendment
Councilman Hershey moved to read Ordinance #53, Series of 2000;
seconded by Councilman Markalunas. All in favor, motion carried.
ORDINANCE # 53
(SERIES OF 2000)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN
EXTENSION OF THE CONSTRUCTION DEADLINES AND
RECONSTRUCTION CREDITS THEREBY AMENDING
SECTION L AND M AMENDMENT TO THE FIRST AMENDED AND
RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION
AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN,
COLORADO
John Sarpa, representing the applicant, told Council staff and the applicants
agree on these amendments. Sarpa said the applicants will work with the
neighbors on details of demolition, where the trucks go, the security and
fencing. Sarpa said the dates outlines in the ordinance are more detailed and
are interlocking.
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Regular Meeting Aspen City Council November 27, 2000
Councilman Hershey moved to adopt Ordinance #53, Series of 2000, as
revised; seconded by Councilman Paulson. Roll call vote; Councilmembers
Paulson, yes; McCabe, yes; Hershey, yes; Markalunas, yes; Mayor Richards,
yes. Motion carried.
ASPEN MOUNTAIN DRAINAGE PLAN UPDATE
Nick Adeh, city engineer, told Council staff prepared a master plan and
regulations for Aspen Mountain in order to tell developers how to deal with
the potential problems. Adeh proposed staff hold public hearings to adopt
these regulations. Mayor Richards noted there is money remaining in the
escrow account and Council wanted to make sure they were aware of
engineering projects out of this funds.
Adeh told Council he made a presentation of a 5 year plan to the Asset
Management Commission. Adeh said the pipes cannot take any more water.
That plan identified a series of storm water management, water control
ponds at the end of each pipes. Mayor Richards said Council suggested a
task force with the affected property owners, the Forest Service, County and
Ski Company to investigate a special improvement district. Adeh told
Council he will work on an IGA between the city and county to adopt this
plan.
Ed Sadler, asset manager, said there is a provision in the proposal that new
development will contribute toward a future storm sewer system. Mayor
Richards said someone has to be the catalyst for greater action and if it not
the city, it will not happen. Adeh said at the end of Mill street, a 9 acre foot
pond will be required. By the Jenny Adair pond, there will be a 6 acre foot
pond. Adeh said using open space to develop storage areas is the least
expensive way to contain the waters. Councilman Paulson asked if this
master plan states who will pay for this. Adeh said it does not; the master
plan identifies solutions to deal with the flood, snow melt runoff, and mud
hazards.
Adeh said it will cost at least $4 million to build the ponds and install the
pipes. The remaining money in the escrow fund will not cover the design
fees. Mayor Richards said she would support releasing the escrow funds
toward design; however, she would like to know that there is a task force
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Regular Meeting Aspen City Council November 27, 2000
first and that the task force will be integral into funding the solution. Adeh
reminded Council the Savanah funds were to mitigate their impacts. Adeh
said there will be 3 systems to design; east, central and west. The escrow
money will go towards the Mill street, or central system.
Councilman Hershey moved to suspend the rules and extend the meeting to
9:30 p.m.; seconded by Councilman Paulson. All in favor, motion carried.
Councilman Markalunas asked if people question the chances of this type of
event. Adeh reminded Council he earlier asked them what risk level would
be acceptable. Council agreed to upgrade the storm runoff system to 10-year
storm event frequency. Councilman Markalunas said it is important the
events be documented with a historical database. Adeh told Council he is
working with the Pitkin County disaster coordinator and they hope to apply
for grants to put in real time monitoring stations. The next level would be to
install early detection system. Adeh said an early detection system will
detect a shift if a slope is about to let go.
Councilman McCabe moved to go into executive session at 9:10 p.m. for the
purpose of discussing litigation; seconded by Councilman Markalunas. All
in favor, motion carried.
Councilman Paulson moved to come out of executive session at 9:35 p.m.;
seconded by Councilman Hershey. All in favor, motion carried.
Councilman Hershey moved to adjourn at 9:36 p.m.; seconded by
Councilman Markalunas. All in favor, motion carried.
Kathryn S. Koch, City Clerk
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Regular Meeting Aspen City Council November 27, 2000
CITIZEN COMMENTS ................................ ................................ .............. 1
COUNCILMEMBER COMMENTS ................................ ........................... 1
CONSENT CALENDAR ................................ ................................ ............. 2
·
Board of Adjustment Appointment - Mark Hesselswerdt ..................... 3
·
Resolution #146, 2000 - Wagner Park Restroom Contract Wills Pember
3
·
Ordinance #55, 2000 - Land Use Code Amendments ........................... 3
·
RTA Board of Directors Appointments - Rachel Richards, regular;
Tony Hershey - Alternate ................................ ................................ ......... 3
RESOLUTION #152, 2000 - Renewable Energy Mitigation Program
Spending Approval ................................ ................................ ...................... 3
ORDINANCE #52, SERIES OF 2000 - Appropriations ............................... 4
RESOLUTION #147, SERIES OF 2000 - Petrick Pre-Annexation
Agreement ................................ ................................ ................................ ... 5
ORDINANCE #56, SERIES OF 2000 - Code Amendment Techniques to
Control House Size ................................ ................................ ...................... 7
ORDINANCE #53, SERIES OF 2000 - Aspen Mountain Section L and M
Amendment ................................ ................................ ................................ 12
ASPEN MOUNTAIN DRAINAGE PLAN UPDATE ................................ 13
15