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HomeMy WebLinkAboutminutes.council.20110214 Aspen City Council Regular Meeting February 14, 2011 OUTSTANDING EMPLOYEE BONUS AWARD 2 CITIZEN PARTICIPATION 2 COUNCILMEMBER COMMENTS 2 ORDINANCE #1, SERIES OF 2011 — Given Institute 100 E. Francis Ordinance #48 Negotiation 3 ORDINANCE #2, SERIES OF 2011 — Code Amendment — Municipal Election Code 3 CONSENT CALENDAR 3 • Resolution #11, 2011— Iselin Playing Field Contract 5 • Resolution #12, 2011— Contract — Dell Systems Management 5 • Resolution #13, 2011 —ACRA Tourism Promotion Fund Contract 5 • Board Appointments 5 • Open Space and Trails 5 o Howie Mallory — reappointed regular member 5 o Joyce Allgaier— regular member 5 o Gyles Thornely — alternate member 5 • Historic Preservation Commission 5 o Brian McNellis— reappointed regular member 5 o Willis Pember — alternate member 5 • Planning and Zoning Commission 5 o U Erspamer— reappointed regular member 5 • Commercial Core and Lodging Commission 5 o Bill Dinsmoor — reappointed regular member 5 o Siam Castillo — regular member 5 o Jim Pomeroy — alternate member 5 • Wheeler Opera House 5 • Tom Kurt — regular member 5 • Minutes — January 24, February 7, 2011 5 FIRST READING OF ORDINANCES 5 RESOLUTON #15, SERIES OF 2011— Extension of Vested Rights 110 E. Bleeker Street 7 1 Aspen City Council Regular Meeting February 14, 2011 Mayor Ireland called the meeting to order at 5:05 PM with Councilmembers Skadron, Johnson, Torre and Romero present. OUTSTANDING EMPLOYEE BONUS AWARD Amy Guthrie and Sara Adams, community development department, were awarded an outstanding employee bonus award for their work on Aspen Modem Historic program and for producing a film in -house at the cost of $225, for getting the National Trust for Historic Preservation to include Aspen in a discussion of post WWII architecture. CITIZEN PARTICIPATION 1. Emzy Veazy said Aspen should have a humanistic approach to people's capitalism. 2. Andrew Kole thanked Dwayne Romero for his service on Council and for always being polite. 3. Debbie Braun on behalf of ACRA congratulated Dwayne Romero on his new job with the Governor and the State of Colorado and for his service to Aspen. 4. Peter Fornell said he will not be present for the public hearing on community development and engineering department fee increases. Fornell said the community development department addresses projects expeditiously; however, the building department system is not so good. Fornell requested Council looks at streamlining the building department process. COUNCILMEMBER COMMENTS 1. Councilman Johnson thanked Dwayne Romero for his leadership over the past 3 plus years. 2. Councilman Skadron echoed that and wished Romero good luck in his new job. 3. Councilman Torre said there were 3 great events over the past weekend; the NorAm ski races on Aspen Mountain; the Owl Creek Chase cross country race; and the Aspen/Snowmass Open at Buttermilk. 4. Councilman Torre said he has received a lot of information about the proposed plastic bag ordinance and Council's initiative is not to inconvenience anyone. The impetus is to get rid of plastic waste in the Roaring Fork Valley. 5. Councilman Torre said Romero's new job is great for Aspen as well. Councilman Torre thanked Romero for his service. 2 Aspen City Council Regular Meeting February 14, 2011 6. Councilman Romero stated he appreciates the community and the opportunity to serve and appreciates the community involvement. Aspen is to be treasured, cherished; it is a wonderful community. 7. Mayor Ireland read a proclamation thanking Dwayne Romero for his service to the city and the citizens of Aspen. 8. Mayor Ireland said after the Castle Creek stream visit, the suggestion is to continue the second reading of the ordinance so that the community can take part in the mediation process before any decisions are made. ORDINANCE #1, SERIES OF 2011— Given Institute 100 E. Francis Ordinance #48 Negotiation Amy Guthrie, community development department, told Council the negotiation period ends tomorrow and there is no longer an applicant. There was no motion; Ordinance dies for lack of a motion. Mayor Ireland moved to continue the negotiations to March 14` and to continue the public hearing to March 14 seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #2, SERIES OF 2011— Code Amendment — Municipal Election Code Kathryn Koch, city clerk, told Council the city clerk's office has hired Dwight Shellman as a consultant to help with election processes including those that are new to municipalities. Staff is requesting Council table this for some revisions to the Ordinance. Mayor Ireland opened the public hearing. Marilyn Marks brought up permanent mail -in voting and suggested the city consider opting out of that provision. It is easy to perpetrate voting fraud with ballots sent to everyone on the list and municipalities do not require signature verification. Ms. Marks showed Council a pile of ballots retrieved from garbage cans that could have been voted and returned after they were discarded. Councilman Skadron moved to continue Ordinance #2, Series of 2011, to February 28; seconded by Councilman Johnson. CONSENT CALENDAR Councilman Romero moved to approve the consent calendar; seconded by Councilman Johnson. Councilman Skadron said he would like to discuss Resolution #11, Iselin Playing Field Contract, and Resolution #14, Supporting White River Forest Grant Applications. Councilman Skadron asked if the synthetic turf results in a surface that is less permeable than natural grass. Jeff Woods, parks department, told Council it is almost the same with about the 3 Aspen City Council Regular Meeting February 14, 2011 same runoff. Councilman Skadron asked if the budget is different from the original proposal. Woods said the project is right on budget; there were 3 bids and this was the lowest bid by around $50,000. Scott Chism, parks department, showed the location of the synthetic turf. Councilman Skadron said this application seems to present Council with conflicting goals. Councilman Torre asked if staff considered putting this synthetic turf on lower Moore. Woods said that is not allowed by the covenants. Councilman Torre asked how much it costs to replace this area with natural turf. Woods said it cost about the same at $500,000. Councilman Torre asked if there have been problems at the high school field with containment of the particulates and the concern of this being near the river's edge. Woods told Council no drainage goes off the edge; all drainage goes into a catch basin. Councilman Romeo said the values of recreation and training benefits and education efforts are in keeping with the efforts with the schools. Councilman Romero noted this is not the same use one would see with tourists and guests in a downtown location. Councilman Romero stated this is not irreversible. Councilman Johnson agreed he would not support synthetic turf in a downtown park location. Councilman Johnson said the adjacency to the schools and the demand for fields, this helps solve shortages for sports fields and adds additional playing time. Councilman Johnson noted there will be operational savings, water savings of 2 to 3 million gallons /year. Councilman Johnson asked if there will be football lines available. Woods said there will be; this is a multi -sport field. Councilman Johnson asked if infrastructure for lights will be installed. Woods said conduit under the field will be installed. Councilman Johnson asked the useful life of this turf. Woods said it is advertised at 7 years; however, the snow protects synthetic turf from sun damage and with the projected use, it may last 10 to 15 years. Mayor Ireland said he supports it because of the water savings, the lack of use of fertilizer, and the need for less electricity. Councilman Torre said he is not sure it serves the community in general; however, the savings will go towards other community needs. City Clerk Kathryn Koch suggested Council continue Resolution #14, White River Forest Grant Applications for further staff comment. The consent calendar is: 4 Aspen City Council Regular Meeting February 14, 2011 • Resolution #11, 2011 — Iselin Playing Field Contract • Resolution #12, 2011 — Contract — Dell Systems Management • Resolution #13, 2011 — ACRA Tourism Promotion Fund Contract • Board Appointments • Open Space and Trails o Howie Mallory — reappointed regular member o Joyce Allgaier — regular member o Gyles Thornely — alternate member • Historic Preservation Commission o Brian McNellis — reappointed regular member o Willis Pember — alternate member • Planning and Zoning Commission o LJ Erspamer — reappointed regular member • Commercial Core and Lodging Commission o Bill Dinsmoor — reappointed regular member o Siam Castillo — regular member o Jim Pomeroy — alternate member • Wheeler Opera House o Tom Kurt — regular member • Minutes — January 24, February 7, 2011 All in favor of the consent calendar excluding Resolution #14, Series of 2011. Motion carried FIRST READING OF ORDINANCES Councilman Torre moved to read Ordinances #7, 8, 4, 3, 5, and 6, Series of 2011; seconded by Councilman Romero. All in favor, motion carried. 5 Aspen City Council Regular Meeting February 14, 2011 Ordinance #7 (SERIES OF 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING THE FOLLOWING SECTION OF THE MUNICIPAL CODE: 26.480, SUBDIVISION ORDINANCE NO. 8 (SERIES 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 8.46 OF THE ASPEN MUNICIPAL CODE TO ADOPT THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE. ORDINANCE NO. 4 Series of 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND CERTAIN MUNICIPAL FEES RELATED TO DEVELOPMENT APPLICATIONS. ORDINANCE #3 Series of 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO INCREASE CERTAIN MUNICIPAL FEES ORDINANCE NO. 5 (Series of 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "BMC WEST PROPERTY" ANNEXATION. ORDINANCE NO. 6 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL REZONING TO THE SERVICE COMMERCIAL INDUSTRIAL ZONE DISTRICT AND APPROVING A FINAL 6 Aspen City Council Regular Meeting February 14, 2011 PLANNED UNIT DEVELOPMENT PLAN FOR THE FORMER BMC WEST PROPERTY LOCATED AT 38005 STATE HIGHWAY 82, ASPEN AIRPORT BUSINESS CENTER, BLOCK 1, LOTS 1 AND 2, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Mayor Ireland said he would like to know the fiscal impacts of the BMC West annexation for the next Council meeting. Councilman Johnson stated he is concerned the city is pushing too much burden on the development community. Councilman Johnson said he would like 3 to 5 examples and would also like public input to better understand what these fees may do to the development community. Councilman Torre said he would like to do a development exercise for Council to go through what these fees mean. Mayor Ireland said in the engineering fees, he does not want fees that cost more to collect than are charged. Councilman Johnson said he would prefer that the engineering fees are a similar process to that of community development department. Councilman Torre moved to adopt Ordinance #7, Series of 2011 on first reading; seconded by Mayor Ireland. Roll call vote; Councilmembers Romero, yes; Johnson, yes; Skadron, yes; Torre, yes; Mayor Ireland, yes. Mayor Ireland moved to adopt Ordinance #8, Series of 2011, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Johnson, yes; Skadron, yes; Romero, yes; Torre, yes; Mayor Ireland, yes. Motion carried. Mayor Ireland moved to adopt Ordinance #4, Series of 2011, on first reading; seconded by Councilman Torre. Roll call vote; Councilmembers Torre, yes; Skadron, yes; Romero, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. Mayor Ireland moved to adopt Ordinance #3, Series of 2011 on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Romero, yes; Johnson, yes; Skadron, yes; Torre, yes; Mayor Ireland, yes. Motion carri4ed. Mayor Ireland moved to adopt Ordinance #5, Series of 2011, on first reading; seconded by Councilman Torre, Roll call vote; Councilmembers Torre, yes; Romero, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. Mayor Ireland moved to adopt Ordinance #6, Series of 2011, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Romero, yes; Skadron, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. RESOLUTON #15, SERIES OF 2011— Extension of Vested Rights 110 E. Bleeker Street Drew Alexander, community development department, told Council this is a request for a 3 year extension of vested rights. Alexander said this project was previously granted a three year extension in 2007; however, there has been a boundary line dispute involving the historic carriage house at the rear of the property. This dispute took several years and was settled in August 2010. When HPC granted approval, there were 18 conditions attached to the application. 7 Aspen City Council Regular Meeting February 14, 2011 These two issues have kept this project from completion. Alexander told Council the design guidelines have not changed. The existing conditions are still attached to the project. Alexander recommended approval. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to approve Resolution #15, Series of 2011; seconded by Councilman Romero. All in favor, motion carried. Councilman Romero moved to adjourn at 6:40 PM; seconded by Councilman Skadron. All in favor, motion carried. /0? / athryn Koch City Clerk 8