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HomeMy WebLinkAboutminutes.council.20121112 Regular Meeting Aspen City Council November 12,2012 CITIZENPARTICIPATION ..........................................................................................................2 COUNCILMEMBERCOMMENTS ..............................................................................................3 CONSENTCALENDAR................................................................................................................4 ❑ December Council Meeting..................................................................................................4 ❑ Minutes—October 22, 2012 .................................................................................................4 FIRSTREADING OF ORDINANCES ..........................................................................................4 RESOLUTON 4104, SERIES OF 2012—Policy Direction Master Plan .......................................7 RESOLUTION #106, SERIES OF 2012—Policy Direction—Housing Credits............................8 RESOLUTION #105, SERIES OF 2012—Policy Direction ADUs...............................................8 RESOLUTION #103, SERIES OF 2012— South Aspen Street Lodge Proposal............................9 NOTICE OF CALL-UP FOR 422 E. COOPER AVENUE............................................................9 NOTICE OF CALL-UP FOR 400 E. HYMAN AVENUE.............................................................9 NOTICE OF CALL-UP FOR 616 E. HYMAN AVENUE.............................................................9 1 Regular Meeting Aspen City Council November 12,2012 Mayor Ireland called the meeting to order at 5:12 PM with Councilmembers Torre, Skadron, Johnson and Frisch present. CITIZEN PARTICIPATION 1. Richie Cohen told Council his office is across the street from the old Wienerstube property and he has been informed that the sidewalk in front of the proposed Art Museum on Hyman and on Spring will be widened for greater pedestrian safety and to give more setback space for the Art Museum. Cohen said this neighborhood cannot stand the loss of 20 parking spaces and the impact on the neighborhood. The Art Museum has only two parking spaces. Cohen asked when this was approved. Cohen said the Art Museum went through the process quickly as it was a"settlement". Cohen said opponents of the Art Museum gathered 1500 signatures against the Art Museum. Councilman Torre agreed the loss of parking in the area is a detriment and there was not a forum for public comment on the change in parking. Councilman Johnson said he would like staff to gather a report on how many spaces would be lost by this as 20 spaces is a large amount. 2. Ward Hauenstein told Council he views the outcome of the election not a mandate against the hydropower project but as an opportunity to govern in a new way. Hauenstein noted government of opposites is not working and this would be a chance to create a code of cooperation and respect. Hauenstein noted he has been castigated for his criticism of the process followed by the city. Hauenstein asked the city to listen to the 2000 voters opposed to the current hydropower project and how it was pursued. Hauenstein suggested a panel of people for and opposed to the hydropower project to have a fresh look. 3. Connie Harvey said the city plans to pump effluent at the golf course, which will affect her drinking water, which comes from a spring in the hillside east of their house. The spring will be replaced by treated effluent, which is not recommended for drinking. Ms. Harvey asked if the city went through the permit process and met all the regulation. Mayor Ireland said using grey water for golf course irrigation lessens the amount of fresh water used for municipal purposes. Mayor Ireland stated the city will look at whether there is harm done by using treated water. City Manager Steve Barwick said he will talk to staff and see what studies have been done. 4. Bill Wiener said Aspen is a unique community with a history and character, partly reflected in the built environment. Wiener said the proposed rezoning for the downtown will destroy the community. The way to do this is to talk about volume—mass by width by height. When the height is raised the volume is increased. Wiener suggested setting a height limit with ways to allow in special circumstance for developers to go higher and reduce the volume with increased setback. The height is the impact on the community. Wiener said the new ordinances give development incentives. 5. Jim Markalunas noted Aspen has a long history in the generation of clean and renewable hydroelectric power. Markalunas stated he has been a part of that history. Markalunas told Council during the first 10 years of skiing history, all the lifts were powered by electricity from the turbines at the historic Castle Creek power plant. Markalunas said due to a lack of money 2 Regular Meeting Aspen City Council November 12,2012 to repair the plant, it was decided to shut the plant down. Markalunas said the community needs to address clean energy and to save the city's water rights. COUNCILMEMBER COMMENTS 1. Councilman Torre noted yesterday was Veteran's Day with a community ceremony and event at the Elk's Lodge afterwards. 2. Councilman Torre said there are local athletes competing for the US Ski Team who need financial support from the community. 3. Councilman Torre noted this is "movember" raising awareness for men's health issues. Councilman Torre encouraged men to look at the events being held in the community and to take advantage of these. 4. Councilman Torre said the recent elections reminded him that he does not like politics and the ways people deal with each other. Councilman Torre said he hopes to work to improve politics. 5. Councilman Johnson wished the community happy Thanksgiving and the start of another ski season and the community can get back to recreating in the out-of-doors. 6. Mayor Ireland agreed the benefits for the local athletes were wonderful community events. 7. Mayor Ireland said people spent a lot of money campaigning in opposition to the city's campaign code. Mayor Ireland noted a healthy thing with elections is people on all side of a campaign talking to their neighbors. Mayor Ireland commended Jessica Garrow in her run for CU regent in bringing real issues to the campaign. Mayor Ireland said there were good campaigns, for the school district, for county commissioners, for the library; there were some not so good campaigns, like the name calling in the city's hydropower project. Mayor Ireland pointed out the reason the city has laws requiring campaign financial disclosure is that people are more likely to fabricate when they are not accountable for what they are saying. There should be accountability on all sides. 8. City Manager Steve Barwick recommended Council discuss the future of the hydropower project in January 2013 and topics would be reiterating Council's desire to reach 100% renewable power, updating the general alternatives available to reach 100%renewable power, estimating the cost for each and the effect on utility rates. Barwick said in the meantime the city is not spending any money on the hydropower project except for final updates of the stream studies. Mayor Ireland suggested having a list of all suggestions made during the campaign for alternatives and have these all evaluated. 9. Jeff Woods, parks department, reminded Council staff worked with them to come up with a revamping of trash and recycling in order to make recycling a highlight of the program. For ten years, these worked fine and no bears got into the trash; this year bears figured out how to get into the cans. Staff made modifications to the cans and how the trash was managed. Tom Rubel, 3 Regular MeetinLy Aspen City Council November 12, 2012 parks, told Council as soon as staff discovered an issue with the trash cans, the trash was picked up at the end of the day and at night. This was discontinued thinking the bears were hibernating. Woods said one alternative is not to have bags as bears have figured out how to grasp the plastic. Staff has designed a way to change the opening which will deter bears. Mayor Ireland said Council wants the trash cans code compliant, bear proof yet usable by the public. Woods said one of the goals of the program was to increase the amount of recycling, and this has almost doubled. This is a cleaner can system and fits aesthetically in the community. 10. Councilman Skadron reported RFTA passed their 2012-2013 budget, passed a policy statement on natural gas procurement, and is on schedule for a September 2013 opening for BRT. 11. Councilman Skadron said at the CAST meeting in Glenwood, there were presentations by the Colorado office of Economic Development on outdoor recreation and the forest service, discussing ski area expansion and summer uses. CONSENT CALENDAR Councilman Torre moved to approve the consent calendar: seconded by Mayor Ireland. The consent calendar is: • December Council Meeting • Minutes—October 22, 2012 All in favor, motion carried. FIRST READING OF ORDINANCES Mayor Ireland moved to read Ordinance #23, 2012—AspenModern Negotiation—CCA Office 610 E. Hyman; Ordinance #25, 2012—Code Amendment—CC and C-1 Zone Districts; Ordinance#26, 2012—Partial Refunding 2005 Parks Bonds; Ordinance #27, 2012— Supplemental Appropriation; Ordinance #28, 2012 —Code Amendment—Hearing Officer; Ordinance#29, 2012—Fees for 2013; Ordinance #30, 2012 - Water Rate Adjustments Councilman Torre asked about fee waivers and 10 year vesting on the CCA Office at 610 E. Hyman. Amy Guthrie, community development department, noted this is an AspenModern negotiation of a post WWII building. The process allows the property owner to identify which incentives would work for their project. The applicant is asking for some fee waivers, which already exist for any landmark for parking, parks development fees, transportation. The applicant is also asking for an affordable housing fee waiver and for a 10 year vesting rights, which is normally 3 years. Councilman Skadron said he would like to know the mass and scale for a proposed building versus a designated building. Ms. Guthrie said this is a 3,000 square foot lot and the historic building is two-stories on the front half of the lot. The applicants propose to build a second story on the alley portion of the building. 4 Regular Meeting Aspen City Council November 12,2012 Mayor Ireland said he would propose the only exception to the current zoning would be an exception if it were for an"actual"hotel, not time share or joint venture, and on the north sides of the street so as not to obstruct mountain views and sun light on the streets. Councilman Johnson suggested Ordinance #25 might need additional time for public outreach to get the height issue resolved. Jessica Garrow, community development department, reminded Council the CC and C-1 zones were amended in April to limit height to two stories or 28' and directed staff to do outreach. Ms. Garrow said staff did extensive public outreach and brought a policy resolution to Council, which was approved in August, indicating general appropriate heights in the 30's and a desire to limit free market residential. This is the third step in the code amendment process with specific language that Council and the public can address. Ms. Garrow said a slightly lower height is proposed for C-1; 38 to 40' in the CC; 36 to 38' in C- 1; both zones districts limit free market residential of one 2,000 square foot unit—only in historic properties. Staff outlined some other options for free market residential. The existing code limits the amount of lodging in CC and C-1; staff is proposing to increase the allowed floor areas for lodges in CC and C-1. The ordinance allows offices to be maintained north of Main street. Ms. Garrow said there are some clean up issues to encourage uses Council wants to see in the CC and C-1 zones. Councilman Skadron asked how far from the original intent of limiting everything to 28' this is. Councilman Skadron said the goal should be to enhance the historic character of the downtown commercial core. Councilman Skadron stated the city should not be making historic properties a target for development. Ms. Guthrie said allowing historic buildings to have a free market unit is not targeting them for redevelopment. There are tradeoffs in owning a historic building. Ms. Guthrie said there have been incentives for historic buildings for over 30 years. The preservations program is not about protecting a museum. Councilman Skadron said(d) states roof tops decks should be permitted and he previously stated objections to their impacts on the community. Councilman Skadron said he feels roof top decks project an exclusivity that is detrimental to small town and community character. Councilman Frisch stated he supports making exceptions for "true lodge". Councilman Frisch said the incentives for historic buildings do not seem to attract developers. Councilman Frisch noted he does not favor the 13' first floor but is willing to hear the pros on that at second reading. ORDINANCE #23 Series of 2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION AND BENEFITS THROUGH THE ASPENMODERN PROGRAM FOR THE PROPERTY LCOATED AT 610 E. HYMAN AVENUE, LOT M, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO ORDINANCE #25 Series of 2012 AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENT TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE 5 Regular Meeting Aspen City Council November 12,2012 OF THE CITY OF ASPEN MUNICIPAL CODE: 26.710.140—COMMERCIAL CORE (CC); 26.710.150—COMMERCIAL (C-1); 26.710.200(b)(1)—COMMERICAL CORE (CL) PERMITTED USES, USES ALLOWED IN BASEMENT AND GROUND FLOORS; 26.575.020(F)(4)(E)—MEASURING BUILDING HEIGHTS, ALLOWED EXCEPTION TO HEIGHT LIMITATIONS, MECHANICAL EQUIPMENT ORDINANCE #26 Series of 2012 AN ORDINANCE AUTHOIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO, OF ITS SALES TAX REVENUE REFUNDING BONDS, SERIES 2013, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $9,090,000, FOR THE PURPOSE OF ADVANCE REFUNDING A PORTION OF THE CITY'S SALES TAX REVENUE BONDS, SERIES 200513; PRESCRIBING THE FORM OF THE SERIES 2013 BONDS; PROVIDNG FOR THE PAYMENT OF THE SERIES 2013 BONDS FROM THE SAME REVENUES PLEDGED TO THE PAYMENT OF THE SERIES 2005B BONDS TO BE REFUNDING (CONSISTING OF THE CITY'S ORIGINAL 1.0% OPEN SPACE SALES TAX AND ITS ADDITIONAL 0.5% OPEN SPACE SALES TAX); PROVIDING OTHER DETAILS AND APPROVING OTHER DOCUMENTS IN CONNECTION WITH THE SERIES 2013 BONDS; DELEGATING THE AUTHORITY TO MAKE A FINAL DETERMINATION OF CERTAIN TERMS OF THE SERIES 2013 BONDS; DIRECTING OFFICERS OF THE CITY TO EXECUTE CERTAIN DOCUMENTS IN CONNECTION WITH SUCH REFUNDING BONDS; AND DECLARING AN EMERGENCY ORDINANCE #27 Series of 2012 AN ORDINANCE APPROPRIATING AN INCREASE IN THE GENERAL FUND OF $59,500, AN INCREASE IN THE PARKS AND OPEN SPACE FUND OF $79,540, AN INCREASE IN THE ASSET MANAGEMENT PLAN FUND OF $31,850, A DECREASE IN THE WATER UTILITY FUND OF $235,000, AN INCREASE IN THE GOLF COURSE FUND OF $75,000 AND AN INCREASE IN THE SMUGGLER HOUSING FUND OF $6,300 ORDINANCE #28 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 26.222 OF THE ASPEN MUNCIPAL CODE, ADMINISTRATIVE HEARING OFFICER ORDINANCE #29 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ADJUST CERTAIN MUNICIPAL FEES 6 Regular Meeting Aspen City Council November 12, 2012 ORDINANCE 430 Series of 2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND SECTION 25.08, GENERAL PROVISIONS; SECTION 25.12 UTILITY CONNECTIONS; SECTION 25.16, WATER RATES AND CHARGES; AND SECTION 25.04.110 DEPOSIT FOR ELECTRIC SERVICE Councilman Johnson moved to adopt Ordinances 23, 25, 26, 27, 28, 29 and 30, Series of 2012, on first reading; seconded by Councilman Frisch. Roll call vote; Councilmembers Frisch, yes; Torre, yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. RESOLUTON#104, SERIES OF 2012—Policy Direction Master Plan Jessica Garrow, community development department,told Council this discusses the method in which the city adopts master plans. This is the second step in the code amendment process and addresses whether Council feels future master plans should be guiding or regulatory. During the AACP adoption, Council directed staff to look at the process and ideas for improvement, like the length of the process, how the community is engaged and what the roles of Council, staff and other boards should be. Ms. Garrow said the recommendation is to more clearly outline where everyone has an entry point into the process. Staff is recommending these plans be guiding in nature. Mayor Ireland noted that city boards should be allowed to recommend amendments to the plans, which would be carried forward to Council. Ms. Garrow said she would outline that in the process. Mayor Ireland moved to adopt Resolution#104, Series of 2012; seconded by Councilman Frisch. Councilman Torre asked if staff had any master planning process in mind that this would be used for. Ms. Garrow said there are no plans in the pipeline currently; the code does not outline any process for master plans to go through. Councilman Torre asked for an example of a successful master planning process. Chris Bendon, community development department, said the neighborhood planning for Cemetery Lane, which was an outgrowth of the 2000 AACP, was successful in the limited scope and the time frame. Councilman Torre said he has not seen master planning work to the benefit of the community and is skeptical of a chapter in the code that codifies that process. Bendon said the purpose of this policy direction is to provide more guidance to Council, sets out expectations, budgets, time frames, so that the city has more control over how a process progresses and includes check ins. Councilman Johnson said he supports this as there was no way in for Council in the AACP process; this streamlines the process. Councilman Frisch asked if there is a check in with P&Z in this proposal. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. 7 Regular Meeting Aspen City Council November 12, 2012 All in favor, with the exception of Councilman Torre; motion carried. RESOLUTION#106, SERIES OF 2012—Policy Direction—Housing Credits Chris Bendon, community development department, reminded Council this was discussed in a recent work session and is an update to the housing credit program to allow owners of certificates of different category value to exchange those. This issue was not foreseen when the regulations were drafted. Bendon said there are some minor clean up issues. Bendon told Council the housing board and P&Z are in support. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to approve Resolution#106, Series of 2012; seconded by Councilman Frisch. Councilman Frisch agreed exchanges are a good idea but is the rate set or is there a way for the buyer and the seller to come to agreement. Bendon said that would put a lot of responsibility on the buyer and seller. Bendon noted the conversion ratios are inherent to the category rates defined in the housing guidelines and reflect the community subsidy that goes into creating a unit of that value. The ratios are set through that. All in favor, motion carried. RESOLUTION #105, SERIES OF 2012—Policy Direction ADUs Chris Bendon, community development department, noted this topic was covered in a recent work session. This proposed code amendment would prohibit ADUS from serving as housing mitigation, which is allowed currently for duplexes and single family residences. This would allow residents with existing ADUs to retire the unit and remove it from the property. Staff suggests a process for this and that some fees related to the impact of the ADUs disappearing be paid. Bendon pointed out these are occupied at about 25%. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to approve Resolution#105, Series of 2012; seconded by Councilman Johnson. Councilman Frisch said he does not support a percentage but would see a concrete dollar amount; most of the ADUs are the same size. Councilman Frisch said it would be simpler for staff and for the community to have a number. Bendon agreed a concrete number would be simpler to administer and for public to understand. The way the resolution is written would allow a certain fee. Councilman Torre said he will be looking for a market gap approach. All in favor, motion carried. 8 Regular Meeting Aspen City Council November 12,2012 RESOLUTION #103, SERIES OF 2012— South Aspen Street Lodge Proposal Mayor Ireland to continue the South Aspen Street PUD to November 26; seconded by Councilman Frisch Councilman Johnson recused himself. Paul Taddune requested staff or Council help Lift One condominiums better understand the project. Lift One owners have a list of items they would like addressed in order to make more meaningful comments. Chris Bendon said he will forward the letter to the applicant; there is nothing unreasonable in the letter. All in favor, motion carried. NOTICE OF CALL-UP FOR 422 E. COOPER AVENUE Chris Bendon, community development department, told Council this is the poster shop to the east of the Red Onion; the project was reviewed and approved by HPC. This is a proposed 3- story building with the third floor substantially setback at least 40' from the front fagade. Staff does not recommend call up on this. Councilman Skadron asked what role the view plane exemption plays in HPC's recommendation; if this were not granted, HPC could not have found this meets the design review standard. Bendon said view plane regulations allow exemptions if the view is already blocked by another building; exemptions for diminimus intrusions. Councilman Skadron asked if this creates a justification to allow for a non-conformity to be built. Bendon said the code allows for a discussion of the reasonable thing to do; prohibiting someone from exercising their development rights because there is another building in front of them is a conversation about what is reasonable and what is not. Mayor Ireland moved to call up 422 E. Cooper Avenue; seconded by Councilman Johnson. All in favor, motion carried. NOTICE OF CALL-UP FOR 400 E. HYMAN AVENUE Councilman Torre recused himself from this item. Chris Bendon, community development department, said this is the Tom Thumb building east of the Wheeler. Bendon told Council this proposal is a substantial renovation using the existing building and it will remain a two-story building. There will be larger windows. This was unanimously approved by HPC. Councilman Skadron said although he is not opposed to this, he noted Aspen's dark skies initiative and the concern for more light from the interior. Council agreed not to call up 400 E. Hyman NOTICE OF CALL-UP FOR 616 E. HYMAN AVENUE 9 Regular Meeting Aspen City Council November 12, 2012 Mayor Ireland disclosed he has represented one of the tenants in this building. Chris Bendon, community development department, told Council the current building is two stories. The proposal is a substantial renovation, using much of the existing structure and adding a third floor, top out at 38'. Bendon recommended this project not be called up. Bendon said the discussion amongst staff is the clarity of the process, not the outcome. Staff made a recommendation of 36% P&Z had a public hearing and heard from the applicant and from the public and P&Z made a decision 6 to 1 for 38'. Mayor Ireland noted this is on the north side of Hyman. Bendon said the height is set back from the front fagade. Councilman Torre said this proposal seems to diverge from historic development patterns and uses of materials, like use of glass. Councilman Torre asked if there is architectural review. Bendon said the design guidelines address transparency and opaqueness. Bendon noted technology around windows and heat has changed. The design guidelines do not try and replicate a period of history but encourage buildings to reflect the architecture of the day. Councilman Torre stated it is Council's responsibility to maintain the character of Aspen. The reason for the call up provision is to allow Council to see what is going on with a case by case basis as well as addressing if the zoning regulations are producing development Council wants to see. Councilman Torre moved to call up 616 E. Hyman Avenue; seconded by Councilman Skadron. All in favor, motion carried. Mayor Ireland moved to go into executive session at 7:20 PM pursuant to C.R.S. 24-6-402(4) (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators, this involved the US Procycling Challenge; (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions on potential litigation; and (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; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to come out of executive session at 9:20 PM; seconded by Mayor Ireland. All in favor, motion carried. Councilman Torre moved to adjourn at 9:20 PM; seconded by Councilman Johnson. All in favor, motion carried. Kathryn ch, City Clerk 10