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Home My WebLink Aboutminutes.council.20081014Regular Meeting Aspen City Council October 14, 2008 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 2 • Resolution #91, 2008 - 210 W. Francis, Ordinance #48 Negotiation .................... 3 • Resolution #92, 2008 -Contract Lone Pine Sidewalk Design ............................... 3 • Resolution #93, 2008 -Contract Roofing Truscott 100 ......................................... 3 • Resolution #94, 2008 -Contract Painting Truscott Phase I ................................... 3 • Resolution #95, 2008 -Annual Adoption of Annexation Plan .............................. 3 • Resolution #96, 2008 -Contract -Main Street Pedestrian Improvements Design 3 • Resolution #97, 2008 -Contract -City Hall Roof Repair ..................................... 3 • Resolution #98, 2008 -MEAN Amendment Schedule M ..................................... 3 • Resolution #99, 3008 -Supplemental EOTC '/z cent supplemental ....................... 3 • Resolution #100, 2008 -Contract Purchase Wheel Loader ................................... 3 • Resolution #202, 2008 -Contract City Housing Roof Repairs .............................. 3 • Board Appointments ............................................................................................... 3 ORDINANCE #32, SERIES OF 2008 -SPA Amendment Paepcke Auditorium ............. 3 ORDINANCE #33, SERIES OF 2008 -Supplemental Appropriation .............................. 4 ORDINANCE #31, SERIES OF 2008 -Code Amendment Encroachment ...................... 4 RESOLUTION #74, SERIES OF 2008 -Aspen Walk (404 Park Avenue/414 Park Circle) Conceptual PUD ..................................................................................................... 5 RESOLUTION #53, SERIES OF 2007 -Smuggler Racquet Club Conceptual PUD ....... 6 1 Regular Meeting Aspen City Council October 14, 2008 Mayor Ireland called the meeting to order at 5:00 with Councilmembers Romero, Skadron, and Johnson present. CITIZEN PARTICIPATION 1. Matthew Thompson, associate curator Aspen Art Museum, noted sweaters he and the Mayor are wearing are part of a community-wide non-partisan art exhibit to generate awareness for the upcoming election. The presidential slogans on the sweaters go back to the beginning of Presidential elections. Thompson said the Art Museum hopes the sweaters on view around town and at the Art Museum will encourage everyone to vote. COUNCILMEMBER COMMENTS 1. Mayor Ireland announced early voting starts October 20th. The ballot is 4 pages; people should read the ballot and vote. 2. Councilman Johnson reported on the RFTA board meeting; the Board voted in support of the concept of RFTA loaning employees money to down payments to buy housing. CONSENT CALENDAR Councilman Romero requested Resolution #96, Main Street Pedestrian Improvements Design, be pulled. Councilman Skadron requested Resolution #99, Supplemental EOTC 2008 '/2 cent transit tax be pulled. Councilman Romero asked about the 5 items of design, survey master planning, could surveying the entire 14 blocks be delayed and only survey the one block experimental block. Jeff Woods, parks department, said staff agrees there is not a good survey of Main street and there are other projects on Main street that could take place that could use this survey data. The ZG master plan may connect Main Street to the Rio Grande area. Woods said he feels a whole picture is very important, especially to sell this to CDOT. Tricia Aragon, engineering department, said the survey is important for the conceptual plan for the entire 14 block area. This survey is to get property boundaries as well as surveying the inlets, which maybe impacted and how that would affect draining. This also includes surveying the vegetation. This will also tell staff how wide the lanes are, how wide the parking lanes are and how wide the medians can be made. Ms. Aragon said detailed design for the pilot project is $52,000; the conceptual plan for the 14 blocks is $62,000. Councilman Romero said this satisfies his concern and he can support staff's recommendation. Councilman Skadron asked the time frame Resolution #99 covers. The budget is broken down into $70,000 to the end of the year and $182,000 through next ski season. Councilman Skadron asked if the money comes from different budgets. John Krueger, transportation department, said in February the EOTC approved funding for free 2 Regular Meeting Aspen City Council October 14, 2008 Aspen/Snowmass bus service for the winter 2008-2009 for $251,000. Krueger said the 2008 monies needed to be split between the two calendar years. Councilman Johnson moved to approve the consent calendar; seconded by Councilman Skadron. The consent calendar is: • Resolution #91, 2008 - 210 W. Francis, Ordinance #48 Negotiation • Resolution #92, 2008 -Contract Lone Pine Sidewalk Design • Resolution #93, 2008 -Contract Roofing Truscott 100 • Resolution #94, 2008 -Contract Painting Truscott Phase I • Resolution #95, 2008 -Annual Adoption of Annexation Plan • Resolution #96, 2008 -Contract -Main Street Pedestrian Improvements Design • Resolution #97, 2008 -Contract -City Hall Roof Repair • Resolution #98, 2008 -MEAN Amendment Schedule M • Resolution #99, 3008 -Supplemental EOTC %2 cent supplemental • Resolution #100, 2008 -Contract Purchase Wheel Loader • Resolution #202, 2008 -Contract City Housing Roof Repairs • Board Appointments All in favor with the exception of Mayor Ireland. Motion carried. ORDINANCE #32, SERIES OF 2008 -SPA Amendment Paepcke Auditorium Councilman Skadron moved to read Ordinance #32, Series of 2008; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE #32 Series of 2008 AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A CONSOLIDATED SPECIALLY PLANNED AREA (SPA) AMENDMENT AND GROWTH MANAGEMENT REVIEW FOR AN EXPANSION AND RENOVATION OF THE PAEPCKE AUDITORIUM, LOT 1-B OF THE ASPEN MEANDOWS SUBDNISION, COMMONLY KNOWN AS THE ASPEN INSTITUTE, 1000 NOTH THIRD STREET 3 Regular Meeting Aspen City Council October 14, 2008 Councilman Romero moved to adopt Ordinance #32, Series of 2008 on first reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Romero, yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. Councilman Johnson said for second reading he would like purpose language for an SPA included in the packet as well as better understanding of what the building plans look like with 45% of the walls demolished. ORDINANCE #33, SERIES OF 2008 -Supplemental Appropriation Councilman Skadron moved to read Ordinance #33, Series of 2008; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE NO. 33 (Series of 2008) AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF $74,000, AN INCREASE IN THE GENERAL FUND OF $241,460, A REDUCTION IN THE HOUSING DEVELOPMENT FUND OF ($50,000), AN INCREASE IN THE DEBT SERVICE FUND OF $313,890, AN INCREASE IN THE ELECTRIC FUND OF $150,170, AN INCREASE IN THE HYDROELECTRIC FACILITY FUND OF $130,000, AN INCREASE IN THE TRANSPORTATION AND PARHING FUND OF $411,260, AN INCREASE IN THE TRUSCOTT HOUSING FUND OF $123,000, AN INCREASE IN THE HEALTH INSURANCE INTERNAL SERVICE FUND OF $1,039,890, AN INCREASE IN THE CITY EMPLOYEE HOUSING FUND OF $110,500 AND AN INCREASE IN THE HOUSING AUTHORITY FUND OF $117,250. Councilman Romero moved to adopt Ordinance #33, Series of 20008, on first reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Romero, yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #31, SERIES OF 2008 -Code Amendment Encroachment Tricia Aragon, city engineer, noted this ordinance covers both temporary and permanent encroachments. The ordinance cleans up language from 2007 and allows for snow removal and limited construction staging in the commercial core. The code amendment also recognizes winter season in the commercial core is an important construction season and the ambiance of the commercial core should be maintained. Permanent encroachments are earth retention which will allow encroachments within the right-of--way in limited circumstances, where they can be located both horizontally and vertically within the right-of--way. Ms. Aragon noted this limits how far away these encroachments can be from utilities and also limits the depth of the earth retention systems. The allows encroachments as long as they are temporary and not part of the 4 Regular Meeting Aspen City Council October 14, 2008 structure, once a foundation is poured for a building, the temporary system will be removed. Ms. Aragon told Council currently encroachments are not allowed in the right- of-way and this change is to address the deep excavations and safety for building. The amendment also adds a value for allowing the right-of--way for permanent encroachments, using the rate charged for temporary encroachment and charging on a per cubic foot basis. Ms. Aragon told Council once the foundation for a project is poured, the earth retention systems can be removed. These encroachments are permanent until they need to be removed. Ms. Aragon told Council staff requests a change to 21.12.140 to increase the clearance to 5' below any utilities and the minimum depth to 7'. Mayor Ireland opened the public hearing. John Hart, Coggins & Sons, told Council there is a lot of balancing between utilities and earth retention, developers and general contractors. Hart said this ordinance does a good job with that balance; however, there are issues from the general contractors. Hart said it is necessary to encroach for earth retention systems into the public right-of--way for safety reasons because of depth of structures. There is a force exerted on construction when there are excavation cuts for basements and parking structures; one means of protection is extending nails beyond the force. Hart said he would like to see flexibility in this document to allow contractors to work with the city engineer to get a viable safety encroachment. Ms. Aragon said this request is to allow encroachments under the streets and alleys; the utilities have recommended against this because that is typically the utility corridor areas. Ms. Aragon noted the ordinance allows a variance with city engineer or Council approval under certain circumstances. Hart said that provision would meet his needs. John Meckling, geotechnical engineer, said excavation retainage is a blend of engineering, art and science. Projects in Aspen have become large and deep. Meckling said each site is different. Meckling said a variance is important; retention nailing should be allowed in the right-of--way with a review. Councilman Johnson said this amendment is less restrictive than the existing code and there is a variance procedure to make it even less so. Mayor Ireland closed the public hearing. Councilman Skadron moved to adopt Ordinance #31, Series of 2008, as amended with that 5' and 7' amendments; seconded by Councilman Johnson. Roll call vote; Councilmembers Romero, yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #74, SERIES OF 2008 -Aspen Walk (404 Park Avenue/414 Park Circle) Conceptual PUD Regular Meeting Aspen City Council October 14, 2008 Councilman Johnson moved to continue Resolution #74, Series of 2008, to October 27; seconded by Councilman Skadron. Councilman Romero stated he has an equitable interest in property within 300 feet of this application. All in favor, motion carried. RESOLUTION #53, SERIES OF 2007 -Smuggler Racquet Club Conceptual PUD Councilman Johnson recused because he could be considered for housing. Mayor Ireland moved to close the public hearing; seconded by Councilman Skadron. All in favor, motion carried. Councilman Skadron requested Council consider a resolution in favor of the Pitkin County question on the Ryan land exchange. Councilman Johnson asked what is the criteria by which Council decides which ballot questions to support or not to support. Council requested staff draft this resolution and bring it back as soon as there is an official meeting scheduled. Councilman Skadron moved to have staff draft a resolution on the Ryan land exchange; seconded by Mayor Ireland. All in favor, motion carried. Mayor Ireland moved to go into executive sessions at 6:10 p.m. for the purpose of discussing two items; one pursuant to C.R.S. 24-6-204(4) (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; and 24-6-402(4) (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions to consider a settlement in the Shadow Mountain/Eubanks litigation; seconded by Councilman Romero. All in favor, motion carried. Councilman Skadron moved to come out of executive session at 6:45 p.m.; seconded by Councilman Romero. All in favor, motion carried. Councilman Romero moved to adjourn at 6:45 p.m.; seconded by Councilman Skadron. All in favor, motion carried. Kathr S. Koch, City Clerk 6