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Home My WebLink Aboutminutes.council.20100322PROCLAMATION -Women Air Service Pilots Week .................................................... 2 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 3 • Board Appointments: Liquor License Authority -Larry Winnerman; Terry Murray; Election Commission -Bob Leatherman; Ward Hauenstein ........................... 3 • Resolution #22, 2010 -Contract Burlingame Contractor at Risk .......................... 3 • Resolution #23, 2010 -Contract -Burlingame Commissioning Agent ................ 3 • Resolution #24, 2010 -Contract - Kronos Timekeeping ....................................... 3 • Minutes -March 8, 2010 ........................................................................................ 3 ORDINANCE #8, SERIES OF 2010 -Code Amendment Exemptions to Real Estate Transfer Tax ........................................................................................................................ 3 ORDINANCE #7, SERIES OF 2010 - 301 W. Hyman Affordable Housing .................... 4 ORDINANCE #6, SERIES OF 2010 -Code Amendment Affordable Housing Credits... 4 ORDINANCE #29, SERIES OF 2009 - 211 W. Hopkins Ordinance 48 Negotiation....... 5 1 Reeular Meetin¢ Aspen Citv Council March 22 2010 Mayor Ireland called the meeting to order at 5:12 p.m. with Councilmembers Skadron, Torre and Johnson present. PROCLAMATION -Women Air Service Pilots Week Mayor Ireland and Council presented proclamations to Ruth Brown and Betty Pfister who volunteered in 1943 for the Women's Air force Service Pilots and who were the first women to fly military aircraft. Ms. Brown and Ms. Pfister were awarded the Congressional Gold Medal. Mayor Ireland and Council proclaimed March 21 to 28 as WASP week to celebrate and honor the extraordinary service of Ruth Brown and Betty Pfister. CITIZEN PARTICIPATION 1. Neil Ross suggested the city look "outside the box" and not require bonding on city construction projects when the contractors and sub-contractors are reputable local persons or businesses. Ross noted these bonds are a financial burden to smaller contractors or companies. City Attorney, John Worcester, said the city looks at each project and contractor separately and whether bonding is required. Worcester said the city balances risk versus cost of the guarantee that bonding provides. COUNCILMEMBER COMMENTS 1. Councilman Torre congratulated the Aspen High School basketball team on their fantastic season. They did a great job. 2. Councilman Torre noted the Spring Jam free concert on Cooper and Galena last weekend was a great event and a good job by the Aspen Skiing Company. 3. Mayor Ireland said he went to the boys' basketball finals in Fort Collins and the team did the community proud. They held up under pressure well, played well and played like they belonged in the tournament. 4. Mayor Ireland said he addressed the Shining Stars, kids with cancer, who are competing without hair but with a lot of spirit. It is very inspirational. 5. Randy Ready, assistant city manager, asked Council to add first reading of Ordinance #8, 2010, code amendment to the real estate transfer tax to the agenda. 6. Councilman Torre reported he attended the Ruedi Water and Power Authority meeting and this summer there will be boat inspections in a test program to try and prevent zebra mussels from contaminating the water supply. Councilman Torre reported that 2/3 of the funding will come from the U. S. Forest Service and the other jurisdictions are being asked to cover the rest of the cost. 7. Mayor Ireland said the U. S. Department of Transportation issued a policy statement that pedestrians and bicycles will have equal priority in the transportation network. 8. Mayor Ireland reported that House bill 1071 passed out of committee to the full senate. This bill will protect affordable housing from being usurped by purchasers. CONSENT CALENDAR Mayor Ireland moved to adopt the consent calendar; seconded by Councilman Skadron. The consent calendar is: • Boazd Appointments: Liquor License Authority -Larry Winnerman; Terry Murray; Election Commission -Bob Leatherman; Ward Hauenstein • Resolution #22, 2010 -Contract Burlingame Contractor at Risk • Resolution #23, 2010 -Contract -Burlingame Commissioning Agent • Resolution #24, 2010 -Contract - Kronos Timekeeping • Minutes - Mazch 8, 2010 All in favor, motion tamed. ORDINANCE #8. SERIES OF 2010 -Code Amendment Exemptions to Real Estate Transfer Tax Councilman Torre moved to read Ordinance #8, Series of 2010; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE NO. 8 (Series of 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND CHAPTER 23.48 OF THE MUNICII'AL CODE OF THE CITY OF ASPEN TITLED "REAL ESTATE TRANSFER TAX" BY AMENDING SECTION 23.48.010, DEFINITIONS; AMENDING SECTION 23.48.030, FINANCE DIRECTOR TO ENFORCE; AND, AMENDING SECTION 23.48.040, EXEMPTIONS. Councilman Skadron said he would like more information for second reading. Councilman Torre moved to adopt Ordinance #8, Series of 2010 on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Skadron, yes; Tone, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. 3 ORDINANCE #7, SERIES OF 2010 - 301 W. Hyman Affordable Housing Councilman Torre moved to read Ordinance #7, Series of 2010; seconded by Mayor Ireland. Ben Gagnon, community development department, noted the recommended motion is to adopt on first reading and to also request the applicant explore alternative architecture treatments for this project. Councilman Skadron asked if the applicant agrees with this recommendation. Peter Fornell, representing the applicant, said they do agree. Mayor Ireland said he would like to see some alternatives; however, this could ordinance can go forward without redesign. Councilman Johnson said he is not convinced there is enough parking with adding 4 additional units, the Ice Garden, and the neighborhood to support. Councilman Skadron asked the code requirements for parking for this project. Gagnon said the code would require 1 space/net additional unit; however, this is a PUD and the proposal is not to require any additional onsite parking. Gagnon told Council the parking department determined there is enough on street parking available to handle 4 additional units. Gagnon said if Council desires, he will schedule a site visit for April 12`h at noon. All in favor, motion carried. ORDINANCE N0. 7 (SERIES OF 2010) AN ORDINANCE OF THE CITY OF ASPEN ITY COUNCIL APPROVING A ZONE DISTRICT MAP AMENDMENT, A FINAL PLANNED UNIT DEVELOPMENT (PUD), AND SUBDIVISION, WITH CONDITIONS, FOR THE DEVELOPMENT OF EIGHT AFFORDABLE HOUSING UNITS ON THE PROPERTY LOCATED AT 301 W. HYMAN AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Skadron moved to adopt Ordinance #7, Series of 2010, on first reading; seconded by Mayor Ireland. Roll call vote; Johnson, yes; Torre, yes; Skadron, yes; Mayor Ireland, yes. Motion carved. ORDINANCE #6. SERIES OF 2010 -Code Amendment Affordable Housing Credits Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Skadron moved to adopt Ordinance #6, Series of 2010, on second reading; seconded by Councilman Johnson. Stan Clauson told Council he feels this is an excellent proposition because it will provide alternative ways to meet affordable housing mitigation requirements. Clauson said he feels it will benefit the community because it will encourage people to produce additional affordable housing. Councilman Johnson asked if this will trigger any tax implications or SEC concerns. City Attorney, John Worcester, said he did not think so but will check. Mayor Ireland noted when affordable housing is built under this ordinance, it will remain affordable housing whether one chooses to sell the credits. The units remain in the inventory. Mayor Ireland said staff and the applicant deserve credit for furthering this idea. Roll call vote; Skadron, yes; Johnson, yes; Torre, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #29, SERIES OF 2009 - 211 W. Hopkins Ordinance 48 Negotiation Mayor Ireland moved to continue Ordinance #29, Series of 2009, to May 10`h; seconded by Councilman Torre. All in favor, motion carried. Mayor Ireland moved to go into executive session at 5:52 p.m. pursuant to C.R.S. 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 and (e) Determining positions relative to matters that maybe subject to negotiations; developing strategy for negotiations; and instructing negotiators; seconded by Councilman Skadron. City Attorney, John Worcester, noted two issues aze lawsuits Marks vs. Koch and Wienerstube; the other two items cannot be disclosed. All in favor, motion carried. Also present Randy Ready, Chris Bendon, Jim True, John Worcester and Kathryn Koch. At 6:15 Bendon left, John Ely, Hilary Fletcher, Jim Elwood, Rick Dunkelberg and Phil Overeynder joined the meeting. Councilman Johnson moved to come out of executive session at 7:00 p.m.; seconded by Councilman Torre. All in favor, motion carried. Mayor Ireland moved to issue the necessazy memorandum of understanding to allow the county to go forward with their airport application that they have a viable solution; seconded by Councilman Johnson. All in favor, motion carried. Councilman Torre moved~to adjourn at 7:02 p.m.; seconded by Councilman Johnson. All in favor, motion carried. r J~ Kat S. Koch, City Clerk SPECIAL MEETING CALLED FOR EXECUTIVE SESSION Date March 22, 2010 ycilmembers present: .Mick Ireland Steve Skadron Dwavne Romero tone Derek Johnson II. Motion to go into executive session by Other persons present: FOR: Mick Ireland teve Skadron ^ Dwayne Romero ~TOrre Derek Johnson AGAINST: ^ Mick Ireland ^ Steve Skadron Dwayne Romero Tone ^ Derek Johnson III. MOTION TO CONVENE EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF: C.R.s. 24-6-402(4) (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest J (b) Conferences with an attorney for the local ublic body for the purposes of receiving legal advice on specific legal questions. ~ ~ Z.L{~(~.. HQ2(b?(t~ (c) Matters required to be kept confidential by federal or state law or rules and regulations. (d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law; (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; (f) (I) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting. N. ATTESTATION: The undersigned attorney, representing the Council and being present at the executive session, attests that the subject of the unrecorded portions of the session constituted confidentialJ attome -c lent cort~mur;icatior}. ~ The undersigned chair of the executive session attests that the discussions in this executive session were limited to the topic(s) described in Section III, above. ~ /' - 'Y G!L 5~ Call to order at: Councilmembers not present: ^ Mick Ireland LJ rteve Skadron Dwayne Romero one ^ Derek Johnson rJ ~ ;seconded by Adjourned at: