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HomeMy WebLinkAboutminutes.council.20130225 Regular Meeting Aspen City Council February 25, 2013 CITIZENPARTICIPATION ..........................................................................................................2 COUNCILMEMBERCOMMENTS ..............................................................................................2 CONSENTCALENDAR................................................................................................................3 ORDINANCE#6, SERIES OF 2013 - 401 Castle Creek Rd., Aspen Valley Hospital, Final PUD - Phases III & IV..............................................................................................................................3 ORDINANCE #5, SERIES OF 2013 - 223 E. Hallam - Lot Split..................................................4 ORDINANCE #7, SERIES OF 2013 - Code Amendment Various Business Obstacles ................5 ORDINANCENo. 7........................................................................................................................5 ORDINANCE#3, SERIRES OF 2013 —Code Amendment—Election Procedures.......................5 ORDINANCE#4, SERIES OF 2013 —Code Amendment.............................................................7 RESOLUTION#19, SERIES OF 2013 —Moses Lot Split Annexation .........................................8 1 Regular Meeting Aspen City Council February 25,2013 Mayor Ireland called the meeting to order at 5:00 PM with Councilmembers Skadron, Johnson, Frisch and Torre present. CITIZEN PARTICIPATION 1. Dan Kitchen showed the driver's handbook for Colorado licenses and noted that stop signs mean stop, take turns. At bike rodeos, kids are taught that stop means stop, don't roll through. Kitchen pointed out in the state of Colorado, bicyclist are equal to a motorcycle, they are a moving vehicle and are obligated to obey traffic laws; they do not get exemptions or special privileges and should stop at stop signs. 2. Peter Fornell noted two years ago the city recognized the cash-in-lieu fees were 10 years out of date. Fornell pointed out in October 2011 Council decided to pay for a study to determine what the fees should be. Council received the results of that study 5 months ago. Fornell said Council should make new legislation to address concerns regarding these fees. Fornell asked where this revision is in the process. Mayor Ireland said expansion of residences has been dropped and Council has not finished the process on how to determine cash-in-lieu. Council is interested in having fees reflect the costs to build housing. Chris Bendon, community development department, reminded Council several things came up in the last public hearing; one was the suggestion to have an outside party look at the methodology. The consultant will be hired; the process will be helpful in assigning the correct amount of impact to development. Council will then discuss how much of that cost to assign to development. Bendon said there was also discussion on the methodology used by APCHA to develop those fees; purchase versus construction. 3. Yasmine dePagter told Council she likes the proposed 14 M.P.H. speed limit and the side streets should have that speed limit. This should not be turned into a police state; there can be stop signs. People should slow down. The city should lobby CDOT to put in elevated pedestrian cross walks over Main street. Ms. dePagter said bicyclists should be exempt from stop signs and suggested a designated bike lane so that bicyclists can zip though town. Ms. dePagter said the city should not purchase small lodges but should meet with the lodge owners to see what the city can do to help small lodges survive. 4. Jon Busch brought up the art museum and that the best use for the building is the use which serves the most people in the community. This is a unique building with high ceilings which are perfect for performances and perfect for overflow from the Wheeler, which is currently over-burdened with multiple events. Turning the art museum into offices does not serve the community as well as other uses can. COUNCILMEMBER COMMENTS 1. Councilman Johnson announced Thursday at 7 pm is the 1St round of playoffs for the Aspen High School basketball team. 2 Regular Meeting Aspen City Council • February 25, 2013 2. Councilman Torre recognized two businesses, Charles Cunniffe architects and Poss architects, for becoming corporate members and supporting the Aspen Historical Society 3. Councilman Torre said this weekend Theatre Aspen has a gala event and Aspen Film celebrated the Oscars with a party. Councilman Torre said it is good to remember how much community involvement there is. 4. Councilman Skadron congratulated Theatre Aspen on their 30 year anniversary party and commended the Wheeler for a great comedy felt. 5. Steve Barwick, city manager, told Council there is no need for the executive session and it should be removed from the agenda. 6. Councilman Skadron reported that the first of 22 CNG buses are being delivered to RFTA. The BRT project is on schedule and on budget. CONSENT CALENDAR Councilman Johnson said he has to recuse himself on (b) Spring Jam request to close the streets as he works for the Ski Company. Mayor Ireland moved to approved the consent calendar items a, c, and d; seconded by Councilman Johnson. All in favor, motion carried. The consent calendar is: Resolution #18, 2013, Pre-annexation Agreement for the South Portion of Lot 1, Moses Lot Split Resolution#20, Series of 2013 - Burlingame Phase II—OZ Architecture Contract Amendment Minutes - February 11, 2013 Councilman Johnson recused himself from the Request to Close streets. Mayor Ireland moved to approve Aspen Ski Company Spring Jam - Request to Close Streets; Noise Variance; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #6, SERIES OF 2013 - 401 Castle Creek Rd., Aspen Valley Hospital, Final PUD - Phases III & IV Jennifer Phelan, community development department, noted phase II of the hospital is currently being developed including on-site affordable housing. The hospital seeks final approval for phase III and IV for additional expansion and renovation of the hospital site. Council granted conceptual approval for redevelopment of the entire site in 2009 and in 2010 Council granted final approval for phase II. Ms. Phelan told council there are several dates for the public hearing including a site visit on March 5th at 4 pm. Hearing dates are March 11, March 18, April 8 and if necessary April 22°a. 3 Regular Meeting Aspen Citv Council February 25,2013 Councilman Johnson moved to read Ordinance#6, Series of 2013; seconded by Mayor Ireland. All in favor, motion carried. Ms. Phelan told Council the applicants have met with the neighbors; there are concerns about the outside lighting. The applicant has hired consultants to look at what is there, what can be retrofitted and changed. Councilman Skadron said when phase II came before Council, there was concern about the overall size of the building and the visual impacts. Councilman Skadron said the view from the roundabout up Castle Creek, the mass of the building is overwhelming and asked if there is anything being done to diminish the visual impact. Ms. Phelan said this was discussed at P&Z along with possible landscape alternatives. The building is within 5% of what was approved by Council. Councilman Johnson said he would like an overall time frame for all construction at the hospital; this is projected as a 20 year program, which seems short return for all the work. Mayor Ireland said he would like phases III and IV shown in relationship to what already exists. Mayor Ireland said he would to know square footages to be added, area to be changed. All in favor, motion carried. ORDINANCE NO._6 (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A GROWTH MANAGEMENT REVIEW, FINAL PLANNED UNIT DEVELOPMENT, AND VESTED PROPERTY RIGHTS FOR PHASE III AND IV OF THE ASPEN VALLEY HOSPITAL DISTRICT MASTER FACILITIES PLAN, LOCATED ON PARCEL C, ASPEN VALLEY HOSPITAL DISTRICT SUBDIVISION, COMMONLY DESCRIBED AS 401 CASTLE CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO Mayor Ireland moved to adopt Ordinance #6, Series of 2013, on first reading; seconded by Councilman Johnson. Roll call vote; Frisch, yes; Johnson, yes; Skadron, yes; Torre, yes; Mayor Ireland, yes. ORDINANCE #5, SERIES OF 2013 - 223 E. Hallam - Lot Split Councilman Johnson moved to read Ordinance #5, Series of 2013; seconded by Mayor Ireland. All in favor, motion carried. ORDINANCE N0. 5 (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE BERKO LOT SPLIT FOR THE PROPERTY COMMONLY KNOWN AS 223 E. HALLAM STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. 4 Regular Meeting Aspen Citv Council February 25,2013 Sara Nadolny, community development department, said this is located in the R-6 zone near the Red Brick school. This was historically designated in 1995 and is a 12,000 square foot lot. The application is to divide it into two 6,000 square feet lots. This will cap the number of residential units for the two lots at 3;No non-conformities will be created. Mayor Ireland moved to adopt Ordinance#5, Series of 2013, on first reading; seconded by Councilman Torre. Roll call vote; Johnson, yes; Torre,yes; Frisch,yes; Skadron,yes; Mayor Ireland,yes. Motion carried. ORDINANCE #7, SERIES OF 2013 - Code Amendment Various Business Obstacles Jim Pomeroy, community development department, told Council this is an attempt to simplify some code sections, to delete some sections that no longer apply. After this amendment, staff will move on to more substantive issues. Councilman Johnson said he likes the process of going through the code and identifying issues that need to be addressed and taking care of them. Pomeroy said this amendment modifies the definitions to make sure there is nothing hindering future businesses; eliminates a section of the code on use square footage limitation where certain businesses had limits; simplifies the home occupation section. Councilman Johnson moved to read Ordinance #7, Series of 2013; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE No. 7 (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE SECTION 26.104.100 - DEFINITIONS, 26.575.070—USE SQUARE FOOTAGE LIMITATIONS, 26.575.090—HOME OCCUPATIONS, AND 26.575.180 - RESTAURANT. Councilman Skadron moved to adopt Ordinance #7, Series of 2013, on first reading; seconded by Councilman Johnson. Roll call vote; Skadron, yes; Torre, yes; Johnson, yes; Frisch, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #3, SERIRES OF 2013—Code Amendment—Election Procedures Kathryn Koch, city clerk, told Council these are recommended changes to election procedures after the 2011 election and items the Election Commission and staff felt need to be changed. These are to change the definition of precincts to state they are the same as those most recently established by Pitkin County and a definition of polling places was added to state they will be the same as that for city voters in county elections. These are to make it less confusing for the voters. Ms. Koch reminded Council that in 2011, the city decided not to honor those voters registered as permanent mail in voters because the city was not assured of the capability of signature verification. Ms. Koch recommended the procedures be changed so that voters 5 Regular Meeting Aspen City Council February 25, 2013 registered as PMIV will get a ballot in the mail. The two other members of the Election Commission did not agree with this change. Jim True, city attorney, told Council staff and the election Commission recommend section 9.10.120 Recount be modified. True explained the Election Commission wanted to expand the number that would trigger a recount so this section is proposed to read "one-half of one percent of the total number of ballots cast" rather than the one-half of one percent between the winner and next place. True noted it is still a small number of ballots. True said the other issue is when a recount would be mandated and if a candidate has missed the runoff by 10 votes, is one entitled to a runoff. True said the way the code is written there would not be a recount. This has been revised so that if one is elected, made it into a runoff, or missed a runoff all by a small number of votes, there would be a recount. True reminded Council in 2012, the state legislature modified the open records act to address the examination of ballots. The city had records requests for 2009 and 2011 ballots and the code provision does not allow examination of ballots. This ordinance amends 9.10.130 to incorporate the state legislation. True requested this section be amended to add that it is effective commencing with the 2013 Aspen municipal election. True noted he had previously told Council his intent to amend 9.04, campaign finance, and to do a comprehensive modification and he has been waiting for litigation to finish before drafting legislation. True said the litigation has not been completed yet and he recommends not adopting the comprehensive amendment. True brought up the campaign contribution of less than $20 and state statutes say these do not have to be attributed to individuals but reported in a lump sum. Mayor Ireland stated he supports sending ballots to all those on the permanent mail in voter list; that is indistinguishable from one who writes in for a ballot. The signature verification is the safeguard. Mayor Ireland said he reports all campaign contributions, no matter how small. Mayor Ireland opened the public hearing. Dwight Shellman, city's election consultant, pointed out the issue with non-itemization of contributions less than $20 is if a donor gives $19.99 in one reporting period and then the same amount in the next reporting period that has to be itemized. Mayor Ireland said the point of campaign finance disclosure is so that the public will know who is supporting whom. Councilman Johnson asked about electronic voting. Shellman said the online technology is authorized for state law only for overseas and Armed Forces voters. There is a lot of concern about security of online voting and it will be several years before this is available. Shellman said sending ballots to those voters on the permanent mail in voter list will foster consistency between city and county election. There should be less confusion and better participation. Shellman noted the city or county cannot control what people do with their ballots once the ballots have been mailed; however, there is control when the ballots are returned to election officials. Shellman said each and every ballot is examined by panels of two judges and compared to signatures on file in a thoughtful process. Councilman Johnson stated he supports lessening voter confusion. Ward Hauenstein, election commission member, said he would support using PMIV as long as signature data base is available to the city to be used in a municipal election. Shellman said because of a program change, counties can now provide cities 6 Regular Meeting Aspen City Council February 25,2013 with signature data bases. Councilman Johnson said he would like staff to look for a long term solution to obtaining signatures rather than waiting until the last minute. Mayor Ireland closed the public hearing. Mayor Ireland moved to adopt Ordinance#3, Series of 2013, amended that the clerk shall certify that there is access to signature verification prior to sending ballots to those voters on the permanent mail in voter list; that section 9.10.130 be amended to state is commences with the 2013 election; seconded by Councilman Torre. Roll call vote; Skadron, yes; Torre, yes; Frisch, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #4, SERIES OF 2013—Code Amendment Jessica Garrow, community development department, told Council this code amendment updates the employee generation figures for commercial and lodge uses in the city. This is an update of a study done by EPS in 2002; 128 businesses were surveyed and there have been minor changes to the figures. This is divided into commercial zones district and lodging rooms. The commercial zones have been increased to 4.7 FTE/1000 square feet of net leasable square feet. This is a .6 FTE increase. The mixed use was decreased by .I FTE; the S/C/I zone increased by .4 FTE up to 3.9/1000 square feet. The lodging number is based on rooms. There is no change in the lodge preservation zone which remains at .3 FTEs/room and a .I increase in lodge zone to .6 FTEs. The second amendment is to eliminate the "double dip"provisions in the growth management code. When a project has multiple mitigation requirements for housing, if one is developing housing on site, they only have to mitigate the larger requirement. The code amendment will eliminate that and state one has to mitigate for all FTEs generated by the proposed redevelopment. This amendment eliminates the current preference for onsite units developed in conjunction with a project. Ms. Garrow told Council the existing code was developed when there was not a lot of development in town and it was seen as a way to encourage more development downtown and it creates an incentive to build actual units. Since then the housing certificate program has been adopted. Councilman Johnson asked what the magnitude of the double dip has been. Ms. Garrow stated over the past 10 years, most buildings downtown have used this provision. Councilman Johnson said this appears to be pushing applicants to the housing credit program by a 100% increase in mitigation requirement. Ms. Garrow said the increase-depends on the project; it is not necessarily 100%. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to adopt Ordinance #4, Series of 2013, on second reading; seconded by Councilman Torre. Roll call vote; Torre, yes; Frisch, yes; Johnson, yes Skadron, yes; Mayor Ireland, yes. Motion carried. 7 Regular Meeting Aspen Citv Council February 25,2013 RESOLUTION #19, SERIES OF 2013—Moses Lot Split Annexation Debbie Quinn, assistant city attorney, told Council this is a proposed annexation of 600 square feet of the Moses lot split subdivision. Earlier Council found the petition the statutory requirements for a petition was met. This hearing is to determine that the statutory requirements for annexation have been met. Trish Aragon, city engineer, told Council she reviewed the annexation plat; this land is currently outside the city boundaries; the property has more than 1/6th contiguity with the city; there is no intention to deny reasonable access to this parcel; the boundary of the city will not be extended more than 3 miles. Jessica Garrow, community development department, told Council this area is capable of being integrated into the city and services can be provided to this area; this property is not divided into separate parcels; all property within identical ownership will be within the city; the property is within the urban growth boundary. Kathryn Koch, city clerk, told Council the required publication and public notice for this public hearing were given; there is no other annexation proceeding for this property. Mayor Ireland moved to adopt Resolution#19, Series of 2013; seconded by Councilman Frisch. All in favor, motion carried. Mayor Ireland moved to adjourn at 7 pm; seconded by Councilman Torre. All in favor, motion carried. t Kathy n Koch City Clerk 8