Loading...
HomeMy WebLinkAboutminutes.council.20080908ReBUlar Meeting Aspen City Council September 8, 2008 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 4 • Minutes -August 25, 2008 ..................................................................................... 5 • Resolution #86, 2008, Radon Remediation Contract .............................................. 5 ORDINANCE #29, SERIES OF 2008 -Water Service Agreement -Three Trees LLC .. 5 ORDINANCE #24, 2008 - 508 East Cooper Subdivision ................................................. 5 ORDINANCE #23, SERIES OF 2008 -Bonds Castle Creek Hydropower Project .......... 5 1 Regular Meeting Aspen City Council September 8, 2008 Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Romero, Johnson and Skadron present. CITIZEN PARTICIPATION 1. Toni Kronberg thanked Council for approving the bus lanes. They aze going to work well. Ms. Kronberg told Council she brought the concept of the aerial tramway to the Town of Snowmass Village and they are interested in hearing more. Ms. Kronberg suggested there be better coordination of posting of meetings in the different locations. Ms. Kronberg said the Lift One task force has hired a transportation consultant who will address the task force this week. 2, Andrew Kole told Council the Motherlode Volleyball tournament needs to have security at Koch park for their event next yeaz. People were bringing in liquor and other untoward behavior. Kole noted at the ZG master plan presentation, it was stated that the county needed 28,000 square feet above grade which is actually 45,000 square feet above grade. The explanation is that the lower figure is net/net because the old building is being demolished and replaced. Kole said it is sti1145,000 squaze feet of structure being built. Kole noted if one has issues with a construction site, there is no way to contact someone about that issue. Tricia Aragon, city engineer, said part of the construction mitigation requirements are that construction sites be posted with a contact number. The particular site referred to took down their temporary fence. Ms. Aragon said citizens can always contact the construction mitigation officer. COUNCILMEMBER COMMENTS 1. Councilman Romero thanked the community and the organizers and volunteers of the Susan B. Komen Ride for the Cure; there were over 400 riders and the event raised several $100,000. 2. Councilman Romero apologized for misrepresentations on the declazation of covenants regarding Burlingame. Some Council represented, inaccurately, the procedure on how density is changed and that is outlined in the declaration of covenants. This will be addressed by the city attorney's office. 3. Councilman Skadron asked if a light could be installed at the Centennial bus stop. Steve Barwick, city manager, requested the immediate neighbors be contacted and collect signatures so that the city will know it is not just one or two people who want that light. 4. Councilman Skadron brought up the consumption tax report, the 1 % lodging tax in 6 of 7 months the actuals were under prof ected; the housing RETT has a negative variances in 6 of 8 months and the Wheeler RETT has a negative variance of 21%. Councilman Skadron asked if this is the impacts of the slowing broader economy. Steve Barwick, city manager, reminded Council the city's budgets were set almost a yeaz ago before the credit crisis. Barwick said staff expects these to be down again in 2009 and the budget figures will reflect that. Regular Meetin¢ Asaen City Council September 8, 2008 5. Mayor Ireland said he was a volunteer for the Ride for the Cure and it was a great event and people like the aid stations. 6. Mayor Ireland noted the community picnic is next Sunday at the golf course and there will be a host of activities 7. Mayor Ireland congratulated Councilman Skadron for participating in an Iron Man competition in Louisville and finishing in the top half for both his age group and overall. 8. Mayor Ireland said it is not true that one can file a condominium plat without specifying the number of units that will be built. That is required by statute and it is also required that 2/3 of the purchasers of the units have to vote in favor of adding units. 9. Councihnan Johnson noted regarding the Burlingame declaration of covenants, consistent with the developer model which the city was following, it was consistent that Shaw takes on all these responsibilities. Councilman Johnson said going back and criticizing policies seems to be a waste of time. People can learn from the past and it is not helpful to continue reliving the past. 10. Nancy Lesley said the golf course will be closed Sunday, September 14`h for the community picnic 11 a.m. to 3 p.m. The parking lot will be closed so people should walk, ride their bikes or take the bus. There will be many activities like fishing, sand castle building, bouncy house, Frisbee, food and a place for dogs. 11. Jim True, special counsel, brought up the covenants at Burlingame. True said this project was controlled by Colorado Common Interest Ownership Act (CCIOWA), which requires the city as the owner of the property to produce declaration of covenants for the entire ranch. Part of the scope of work given to Shaw was for them to hire an attorney to create the declaration. The attorney wrote a declaration of covenants, which was recorded in 2005. CCIOWA states it is mandatory that the declarant, the city, state the maximum number of units that it reserves the right to create. It is mandatory that that be in the declaration. The city declared the maximum number of units be 236, which was the number used throughout the project. CCIOWA also requires provisions about how the declaration gets changed. True told Council it is possible to change a declaration and the maximum number of units. CCIOWA requires 67% of all units, 60% of which are owned by the city and 67% of the units sold to third parties, approve a change in maximum units. True said to change the number of units at Burlingame requires 67% of the unit owners other than units owned by the declarant. This is state statute and this cannot be lowered; it can be increased. The Burlingame declaration states the only way the number of units can be increased is by unanimous consent of the owners, including all third party owners. True pointed out the declarations also require unanimous consent to change uses, boundaries of a unit, allocated interest. True noted the declarations are written so that any provisions in the declarations can be changed as long as they are consistent with CCIOWA by 67% of the total unit count. True stated his position is that Reeular Meetine Aspen City Council September 8, 2008 the unit owners, including the city's 60%, can vote on changing the unanimous vote to the minimum allowed by CCIOWA. True said that change would be in the best interest of all owners. The covenants could be changed to ultimately require 67% of the owners, other than the city, to increase density. True reiterated the number of units was discussed to be 236 units; CCIOWA allows that number to be changed in the proper manner. True stated staff recommends the unanimous consent section be changed and then see whether 67% of the unit owners would approve an increase in the number of units allowed at Burlingame. True stated the homeowners at Burlingame have certain rights given to them and they can exercise those rights. If they do not agree to an increase in density, then that increase in density cannot happen. True said staff is meeting with the Board of Directors of the homeowners this week to have this discussion. Councilman Johnson asked if the state law sets out how that vote is taken. True said that could be covered in the by-laws and secret ballot or not could be decided by the homeowners. Councilman Johnson said he is concerned about a ballot issue on the November ballot that could be mooted by a homeowners' association, causing public consternation. Councilman Romero said putting the homeowners in first position honors the agreement and that neighborhood; there is also the larger community and the goals and objectives. True agreed the CCIOWA requirement protects the homeowners' rights and their right to participate in changes. 12. Councilman Romero said the Lift One COWOP is tracking well and the next two weeks will get deeper into content and examine the benefits, trade offs and burdens. Mayor Ireland said he was distressed to read that the hotels are getting lazger; the COWOP was not convened to increase the size of the lodges. 13. Mayor Ireland said he is attending the Governor's blue ribbon commission in Denver tomorrow. Mayor Ireland stated the state of funding for transportation in Colorado is perilous and that does not mean that money should be diverted from other funds. 14. Mayor Ireland announced the city is continuing to conduct studies on the entrance to Aspen alternatives including the split shot and 3-lane solution so that the public will know the costs and efficiencies to each alternative. 15. Mayor Ireland said the intermountain transportation planning group reached decisions on proposed projects and RFTA's BRT finished 4` in the priorities and was forwarded to the SB 1 task force. These allocations of appropriations and budget go through a public process. CONSENT CALENDAR ReQUlar Meetin¢ Aspen City Council September 8, 2008 Councilman Johnson moved to approve the consent calendaz; seconded by Councilman Romero. The consent calendar is: • Minutes -August 25, 2008 • Resolution #86, 2008, Radon Remediation Contract All in favor, motion carved. ORDINANCE #29, SERIES OF 2008 -Water Service Agreement -Three Trees LLC Councilman Johnson moved to read Ordinance #29, Series of 2008; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE NO. 29 Series of 2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE WATER SERVICE AGREEMENT WITH BILLY RAY EUBANKS AND BONNIE JEAN EUBANKS DATED DECEMBER 17, 1996, FOR PROVISION OF TREATED WATER SERVICE OUTSIDE THE CITY LIMITS FOR A TOTAL OF 6.0 ECUS TO 1 TOBY LANE AND PROVIDING DETAILS IN CONNECTION THEREWITH Councilman Johnson moved to adopt Ordinance #29, Series of 2008, on first reading; seconded by Councilman Skadron. Rol] call vote; Councilmembers Romero, yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #24, 2008 - 508 East Cooper Subdivision Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Romero moved to continue Ordinance #24, Series of 2008 to September 22; seconded by Councilman Skadron. All in favor, motion carved. ORDINANCE #23, SERIES OF 2008 -Bonds Castle Creek Hydropower Project Don Taylor, finance director, told Council this ordinance approves the issuance of $5.5 million of GO bonds which will be paid back from revenues out of the electric fund. This bond issue will fund the hydropower project on Castle Creek which will have a pay back of 27 yeazs. Steve Jeffers told Council the preliminary rates aze between 1.9% and 4.9% and the average interest rate on the bonds will be 4.53%. Jeffers told Council Moody's confirmed the city's AA-2 status which is one of the highest ratings. Aspen was the first resort community to receive that high rating. Jeffers highlighted comments from Moody's that support Aspen's bond rating which reflects the city's tourism-based Re¢ular Meeting Aspen City Council September 8, 2008 economy that has demonstrated extraordinary growth in property values, affluent socio- economic indicators, sound financial operations, healthy reserve levels and a low debt burden. Jeffers said Moody's noted Aspen's full valuation increased by 53% since the prior credit review in January 2007 driven by reassessments, increasing land values, development of hotels, seasonal housing and commercial spaces. Jeffers said Aspen has a trend of maintaining healthy reserve levels of approximately 45% of general fund revenues which chazacterizes Aspen's conservatively managed financial operations. The city's conservative financial practices including use of majority of property taxes for capital projects allows the city a measure of flexibility in the possibility of decline of sales tax revenues. Taylor told Council having a AA-2 rating enables the city to go to market without bond insurance. Councilman Johnson noted the city benefits from the financial policies put into place, which gives some of this financial flexibility. Councilman Johnson acknowledged the success of these financial policies is due to the city manager, Steve Barwick. Mayor Ireland asked about the reference to seasonal housing. Jeffers said Moody's likes the diversity of residents, the diversity of the work force and of the economy. The efforts of the city to retain work force housing in the community is a positive aspect of making this a well rounded community. Councilman Skadron asked, given the current economic situation, if it is possible that the bond subscription may not be fulfilled. Jeffers said this is not likely and his company has capital resources and could take down the unsold balances and work those out. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Phil Overeynder, water department, told Council this is a multi-year project with funds in 2007, 2008 and 2009. Overeynder said the budget started at $5.1 million in July 2007. Another $400,000 is allocated to water supply and repair on a pipeline bringing the total to $5.5 million, which is what the bond sales authorization was. Overyender said since then there have been two modifications; the city expects to receive $400,000 from CORE from the renewable energy mitigation program and second, $297,981 was appropriated in the electric fund for distribution. This brings the budget to $6.198 million. Overeynder presented a map of this project to show existing facilities bringing water, the Thomas reservoir with water coming from Castle and Maroon creek, collected through a penstock to this proposed hydroelectric plant. Overeynder said this will also have an electric feed and a geoexchange to help with the heat. There will be a new hydroelectric building under the Castle Creek bridge near the city shops. Overeynder said major expenditures are the mile of steel line or the penstock and modifications to the reservoir which total $1.8 million. The hydro building will cost about $360,000; the Castle Creek supply line repair will cost about $600,000. The electro mechanical equipment inside the facility is $1.25 million and $160,000 for valves. Re¢ular MeetinH Aspen City Council September 8, 2008 Overeynder pointed out there is a lot of contingency in the budget, 15% and unlisted items at 5%. Overeynder noted the expenditure budget to date was $38,000 in 2007 and $2 million for 2008, of which only 5% has been spent to date. Overeynder showed a site plan which was presented to the neighbors. There also will be a P&Z review as well as the federal energy regulatory license approval process, which requires a public meeting. Councilman Skadron asked if the building matches the dimensions shown to the public before the vote. John Hines, water department, told Council the ballot question was to allow use of open space to build this building; after voter approval, the building was designed to fit within the space approved by the voters. Overeynder said the exact dimensions of the building were not known until the city picked the equipment to be housed in the building. The city picked smaller equipment than anticipated so the building was trimmed down. Councilman Skadron moved to adopt Ordinance #23, Series of 2008, on second reading; seconded by Councilman Romero. Roll call vote; Councilmembers Johnson, yes; Skadron, yes; Romero, yes; Mayor Ireland, yes. Motion tamed. Councilman Johnson moved to continue the regular meeting to September 9, 2008; seconded by Councilman Skadron. All in favor, motion carried. Council left the meeting at 6:30 p.m.