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HomeMy WebLinkAboutminutes.council.20010723Regular Meeting Aspen Ci~, Council July 23~ 2001 COUNCILMEMBER COMMENTS .............................................................. 1 BOARD REPORTS ........................................................................................ 1 CITY MANAGER .......................................................................................... 1 CONSENT CALENDAR ................................................................................ 2 · Ordinance #26, 2001 - Water Service Agreement Pitkin County Public Works .......................................................................................................... 4 · Ordinance #27, 2001 - Christiana Lodge Redevelopment ..................... 4 · Ordinance #28, 2001 - ASpen Alps PUD/Rezoning .............................. 4 · Ordinance #29, 2001, Sales Tax Bond Ordinance ................................ 4 · Ordinance #30, 2001 - GO Bond Ordinance ............ .............................. 4 · Resolution #76, 2001 - Street Name Change to '!Five Trees Lane" ....... 4 · Minutes ~ July 9, 2001 ............................................................................. 4 ORDINANCE #20, SERIES OF 2001 - 515 W. Gillespie Historic Designation and Lot Split..: ............................................................................. 4 ORDINANCE #21, SERIES OF 2001 - Bavarian Affordable Housing Final PUD ................................................................................................................. 6 RESOLUTION #74, SERIES OF 2001 - Bar/X Ranch Annexation ............ 11 RESOLUTION #77, SERIES OF 2001 - Temporary use Othello SK8 Shop RESOLUTION #155, SERIES OF 2000 - 303 South Cleveland ................. 13 REQUEST FOR FUNDS - ROaring Fork Kids ............................................ 13 RUEDI WATER AND POWER AUTHORITY UPDATE ......................... 14 ORDINANCE #31, SERIES OF 2001 ' Bar/X AnneXation ......................... 14 CITY HALL AIR CONDITIONING ............................................................ 15. YOUTH CENTER EQUEST FOR RENEGOTIATION AND ADDITIONAL FUNDING ...... 21 ................................................................... 15 BOARD APPOINTMENTS .. ....................................................................... 16 18 ReRular Meetin~ Aspen City Council July 23, 2001 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers McCabe, Semrau, Paulson and Hershey present. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS I. Mayor Klanderud congratulated the entire community for pulling together and the fine work of the police department in making a speedy arrest in the recent rape case. Mayor Klanderud said it is a testimony to the community. Councilman Hershey also congratulated the police department for their great job in arresting a suspect in the rape case. 2. Councilman Paulson thanked the public who attended the conference on growth. It was very informative. Councilman Paulson said unfortunately he did not see in attendance people who make the growth type of decisions. 3. Councilman Semrau said he recently spent time in Telluride, Park City and Breckenridge and it looks like Aspen is still the best resort. Other resorts are trying to create what Aspen already has. 4. Councilman McCabe thanked everyone who participated and gave time to the Race for the Cure. It is a great community event. 5. Councilman McCabe noted the Aspen water department got through the year 2000 without any non-compliance days for water quality. BOARD REPORTS 1. Mayor Klanderud noted RTA met along with RFRHA and RFTA. The significant items were a proposal for a fare increase as well as funding for the trestle bridge down valley to complete the trail system. 2. Mayor Klandemd announced the next market meeting will be July 26th. CITY MANAGER Regular Meetin~ Aspen City Council July 23, 2001 1. Steve Barwick, city manager, requested VI(g) Contract Amendment for wagner Park be Pulled froTM the consent calendar and be addressed at a continued Council meeting July 24th. 2. Steve Barwick requested Council add an executive session for potential litigation and advice from counsel. CONSENT CALENDAR Councilman Hershey moved to read Ordinances 26, 27, 28, 29 and 30, Series of 2001; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE #26 Series of 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A WATER SERVICE AGREEMENT WITH THE PITKIN COUNTY, COLORADO, BOARD OF COUNTY COMMISSIONERS FOR PROVISION OF WATER SERVICE TO A PROJECT KNOWN AS THE PITKIN COUNTY SHOP AND CABIN, IN pITKIN COUNTY, COLORADO ORDINANCE #27 Series of 2001 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE MINOR PLANNED UNIT DEVELOPMENT FOR THE CHRISTIANIA LODGE, A PROPERTY LOCATED AT 501 WEST MAIN STREET LOTS A' I, BLOCK 31, CITY AND TOWNSITE OF ASPEN, COLORADO ORDINANCE #28 Series of 2001 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PROJECT PRESENTED BY THE ASPEN ALPS CONDOMINIUM ASSOCIATION FOR A CONSOLIDATED PLANNED UNIT DEVELOPMENT, REZONING, SUBDIVISION AMENDMENT, AND GROWTH MANAGEMENT :QUOTA SYSTEM EXEMPTION FOR LOT 2B OF MOSES LOT SPLIT AND A ~ZONING OF THE LABS 2 Regular Meeting Aspen city council July 23, 2001 WHICH INCLUDE LOT 2B, THE 300, 400 AND 700 BUILDINGS OF THE ASPEN ALPS, AND SURROUNDING LANDS OWNED BY THE ASPEN ALPS CONDOMINIUM ASSOICATION, WHICH ARE CURRENTLY ZONED EITHER R-15 PUD OR CONSERVATION TO LODGE/TOURIST/RESIDENTIAL PUD (L/TR PUD) THE ASPEN ALPS CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO ORDINANCE #29 Series of 2001 AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE ASPEN CITY OF ASPEN, COLRADO, OF ITS OPEN SPACE SALES TAX REVENUE BONDS, SERIES 2001, IN THE AGGREGATE PRINCIPAL AMOUNT OF $11,875,000, FOR THE PURPOSE OF BUYING, IMPROVING, AND MAINTAINING TRAIL, RECREATION AND OPEN SPACE PROPERTIES AND ANCILLARY FACILITIES AND THE FUNDING OF RESERVES FOR, AND THE COSTS OF ISSUANCE OF, THE SERIES 2001 BONDS; PRESCRIBING THE FORM OF THE SERIES 2001 BONDS; PROVIDING FOR THE PAYMENT OF THE SERIES 2001 BONDS FROM THE CITY'S ORIGINAL 1.0% OPEN SPACE SALES TAX AND ITS ADDITIONAL 0.5% OPEN SPACE SALES TAS; AMENDING THE CITY'S ORDINANCE NO, SERIES OF 1999; PROVIDING OTHER DETAILS AND APPROVING OTHER DOCUMENTS IN CONNECTION WITH THE SERIES 2001 BONDS; AND PROVIDING THE EFFECTIVE DATE HEREOF ORDINANCE #30 Series of 2001 AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE ASPEN CITY OF ASPEN, COLRADO, OF ITS GENERAL OBLIGATION HOUSING BONDS, SERIES 200lA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,625,000 AND ITS GENERAL OBLIGATION HOUSING BONDDS, SERIES 200lB IN THE AGGREATE PRINCIPAL AMOUNT OF $5,115,000 FOR THE PURPOSES SET FORTH IN THE BALLOT QUESTION AUTHORIZING SUCH BONDS; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM REVENUES FOR THE OPERATION OF TRUSCOTT PLACE AND MONEYS IN THE CITY'S AFFORDABLE HOUSING DAYCARE FUND THAT ARE AVAILABLE FOR SUCH pURPOSES AND THE PROCEEDS OF AD VALOREM Regular Meeting Aspen CiW, Council July 23~ 2001 PROPERTY TAXES; PROVIDING THE LEVY OF AD VALOREM PROPERTY TAXES FOR THE PAYMENT OF SUCH BONDS; PROVIDING THE FORM OF SUCH BONDS AND OTHER DETAILS WITH RESPECT TO SUCH BONDS AND THE PAYMENT THEREOF; APPROVING OTHER DOCUMENTS RELATING TO SUCH BONDS; AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE Councilman Hershey moved to adopt the consent calendar as amended; seconded by Councilman Semrau. The consent calendar is: · Ordinance #26, 2001 - Water Service Agreement Pitkin County Public Works · Ordinance #27,. 2001 - Christiana Lodge Redevelopment · Ordinance #28, 2001 - Aspen Alps PUD/Rezoning · Ordinance #29, 2001 - Sales Tax Bond Ordinance · Ordinance #30, 2001 - GO Bond Ordinance · Resolution #76, 2001 - Street Name Change to "Five Trees Lane" ·Minutes - July 9, 2001 Roll call vote; Councilmembers Hershey, yes; Paulson, yes; McCabe, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #20~ SERIES OF 2001 - 515 W. Gillespie HistOric Designation and Lot Split Fred Jarman, community development department, reminded Council this public hearing was continued due to some ambiguity in the land use code on the allocation of FAR and how that works in historic lot splits. Jarman said staff worked through this with a code amendment. The code reads the FAR bonus would go to the lot containing the historic structure: Jarman told Council this is the way this has been interpreted in the past is that it is meant to be fathering parcel and split over the 2 parcels as a result of that lot split. Jarman presented a chart showing the code interpretation assuming a fathering lot of 9,000 in the R;6 zone district with 3 different scenarios. A 4 Regular Meeting Aspen City Council July 23, 2001 maximum 500 square foot bonus is awarded for an exceptional historic project. Jarman also showed Council what the applicant can do by right under the land use code whether there is a historic structure or not. The bonus can go anywhere on the lot. Jarman told Council receiving a landmark lot split approval is a matter of meeting a set of criteria. Is the lot over 9,000 square feet, the allowable FAR for a duplex split over two single family houses would be 4,093 square feet. The existing historic house is about 1800 square feet. Jarman noted a 4500 square foot lot in the west end could have an FAR of 2,859 square feet. Jarman said these lots will contain less square footage than would be allowed by the underlying zone district. This application meets all the criteria for a historic lot split. Randall Bone, applicant, stated the trees will be preserved, one tree has been cut down at the request of the city parks department. Mayor Klanderud opened the public hearing. Charles Collins, adjacent property owner, said this area has been zoned R-6 for the last 35 years and allowed 6,000 square foot lot for a single family house. This house sits on a lot that would allow a duplex with a floor area of 4,093 square feet. Collins said the total FAR of 2 residences shall not exceed that of a duplex, which is 4,093 square feet. Collins pointed out the city's code states that bonuses are only permitted on the parcel that contains the historic structure. Collins noted the memorandum states, "The maximum potential build out of the 2 parcels created by a lot split shall not exceed 3 units". Collins said generally the historic structure and the site go together and compliment each other. Collins said the density is greater; it goes from 44% of the lot area to 62% of the lot area with a lot split and a bonus. This does not fit within the character of the neighborhood. Jarman said this proposal is below density by one unit and below FAR by 1100 square feet. Jarman said the original lot is 9;210 square feet. The allowable FAR by underlying zoning is 4,093 square feet. The HPC has offered a bonus, raising the FAR to 4593 square feet. This FAR is split across the lot. Jarman said there is no FAR that is allocated to a lot that stands alone that cannot carry the FAR. Jarman reiterated this is 1100 square feet less than is allowed. Jarman pointed out the most FAR the new lot could have is 2,840 square feet and the lot with the historic house could carry 2,859 square feet of FAR. The existing house is 1740 square feet roughly 1100 square feet less than FAR. 5 Regular Meeting Aspen City Council July 23, 2001 Collins said the COde language is very sPecific about which lot the FAR bonus should go and what the FAR should be. Jan Collins asked who evaluates historic structures. Ms. Collins noted the addition is not non- historic; the addition was added in 1933. Ms. Collins said the historic guidelines require the character of a house must be maintained and historic additions must not be eliminated. Ms. Collins said she is concerned about the Si Johnson historic ditch and the proposed relocation. There is a proposed agreement that the ditch cannot only be moved, it can be removed by the city. Mayor Klanderud noted the ditch is not being removed. Debbie Kendrick said her family has lived in this house for 4 generations. The Becks have maintained a historic resource and they feel this proposal is in keeping with the neighborhood and with their family home. Councilman Hershey read a letter from pam and Neil Beck into the record. Mayor Klanderud closed the public hearing. Councilman Hershey moved to adopt Ordinance #20, Series of 2001; seconded by Councilman McCabe. CoUncilman Semrau said there are Valid Concerns about the lot split program; hoWever, that is a general Code amendment discussion for another time. This applicant has met all the current code requirements. Roll call vote; Councilmembers semrau, yes; Hershey, yes; Paulson, yes; McCabe, yes; Mayor Klanderud yes. Motion carried. ORDINANCE #21, SERIES OF 2001 - Bavarian Affordable Housing Final PUD Joyce Ohlson, community development department, showed Council the site plan, the surrounding land uses, the current zoning in the area. Ms. Ohlson said the proposed development is 19 units of affordable housing broken up into 4 clusters on 2 parcels. There will be 31 bedrooms for 45 employees. There are 31 parking spaces, which is 1 less than code requirement. The Bavarian Inn is being redeveloped to contain 8 units and the other 11 units are in duplexes and a multi-family building. 6 Regular Meeting Aspen City Council July 23, 2001 Ms, Ohlson remnded Counci! there vas a request from an adjacent property owner to have the roof heights specifically delineated in the ordinance. The N and S buildings will be limited to 20 feet in height; the units facing 8th street will be 25 feet. All the roofs in this development are flat roofs to accommodate existing views. Ms. Ohlson said at the last meeting, neighbors raised concerns over allowing dogs in this development. Ms. Ohlson said the prohibition of dogs should not be addressed in the PUD agreement. Ms. Ohlson said there are enforcement difficulties for the city in this type of provision through a PUD. This is not something typically covered in a land use agreement. Ms. Ohlson said this type of condition can be in the homeowner's declarations rather than land use approvals. Ms. Ohlson noted there were requests from adjacent property owners for some sign changes. These will be accommodated. Ms. Ohlson reminded Council neighbors requested construction not start on Saturdays until 8 a.m. rather than the currently allowed 7 a.m. Ms. Ohlson said this property is no different than any other construction site and should not be held to a different standard. There was a suggestion that a special assessment be required in the homeowners dues earmarked to cover the maintenance of landscaping in perpetuity. Ms. Ohlson said this, too, is beyond the typical requirements of other PUDs in the city. Ms. Ohlson noted there was a large effort to preserve the trees on this property. Ms. Ohlson said the standards for street lighting is speced in accordance with the city standards. There is nothing that meets the city specifications and minimizes the lighting. There is a request for a waiver of park development impact fees. Ms. Ohlson told Council this PUD is being reviewed under the code in place in 1998. Since that time, Council has amended the code to state that a 100% affordable housing project is exempt from the park development impact fee. Under the code in effect in 1998, Council could waive this fee at their discretion. Ms. Ohlson said the park development impact fee would be $47,500 based upon unit size, number of bedrooms, etc. Ms. Ohlson said there are requirements from the Housing Authority for upgrading existing structures. The applicants have stated they will comply with these requirements. The list of requirements is included in the ordinance. Ms. Ohlson said the applicants Would like to do something other 7 Regular Meeting Aspen CitY Council July 23, 2001 than paint the stucco. Ms. Ohlson said the ordinance needs to be amended to add what ever conditions are necessarY and also to delete any reference to block 11. Sunny Vann, representing the applicant, said they have no objections to the conditions as outlined by staff. The applicants are neutral on the dog issue and on the streetlights. The applicants will install lamps to the city specifications. These are sales units to be managed by a homeowner's association and their ability to determine the dog issue is fine with the applicants. Vann told Council the housing authority specifies what must be done to an existing structure when it is converted to affordable housing. The requirements are to bring the units up to code, to meet the health and safety requirements, fresh paint and carpet, and insure there is certain life left on the appliances. The requirements specify the exterior must be painted. Vann said if the housing authority waives the paint requirement, it would be more appropriate to do a light skim coat, which would far outlast a coat of paint. Vann told Council the applicant will commit to modifications of the landscape plan to put additional landscaping in the front of the building, which was not originally proposed. In addition to requirements mandated by the staff, the applicants commit to a level of exterior clean up to revert the building to a "like new" condition. Vann said under the 1998 code, the applicants were allowed to ask for a waiver of the park dedication fee since this was 100% affordable housing. Vann told Council by final PUD, the city regulations had changed; however, to save time and money, the applicants applied under those regulations in effect at conceptual PUD. Vann said the applications states the review of the new regulations turned up no provisions more onerous than those under which were originally applied. The new regulations provide an automatic waiver of the park dedication fee for projects with affordable housing. Vann told Council the new applicants will honor Savanah's original affordable housing commitment, even though the number of employees required for the proposed lot 5 fractional fee ownership will be much less. The applicants are mitigating 100% of the employees generated tied to the Bavarian Inn and even more. The housing credit received for this site is less than the applicants thought they should get. Vann requested the park deVelopment impact fee be waived on this project. Regular Meeting Aspen City Council July 23~ 2001 Mayor Klanderud opened the public hearing. Nancy Henricks, manager Villas of Aspen, asked if in order to get a certificate of occupancy for lot 3 or 5, the Bavarian Inn had to be completed. Vann said the development deadlines for the Aspen Mountain PUD state building permits cannot issue for either lots 3 or 5 until them is a building permit for the Bavarian and a CO cannot issue for lots 3 and 5 until there is a CO for the Bavarian. Ms. Henricks suggested the city purchase the property at 7th and Main for green space for a pocket park in this area. Paul Murry, West Bleeker, said the list of repairs to the existing Bavarian have appeased their concerns about the exterior of this building. Murry told Council his complex does not allow dogs and suggested dogs not be allowed at this location. It is a small space and on a busy street. Herb Klein said if Council states no dogs in their approval, this makes the enforcement much easier. Klein said if the city is approving this density, they need to enforce mitigating conditions, like not allowing dogs. Klein noted adjacent property owners do not have a mechanism for enforcing other property's covenants. Klein said his idea for a monthly assessment to go into a fund for landscaping and a reason the neighborhood supported this project was the preservation of existing mature trees, which help screen the project from the adjacent properties. Rachel Richards said the park dedication fees should not be waived as employees use parks and open space as much as anyone. Neil Segal, Villas owner, said there has been consensus throughout this project between the city, the developer, and the surrounding property owners. This project should move forward; it is a greater public gain. Segal said if Council agrees there should be a restriction on dogs, it should be at a higher level than the homeowners' covenants. Mayor Klandemd closed the public hearing Councilman Semrau asked if there is precedent in site specific PUD to disallow dogs. Ms. Ohlson said there is some discussion about not allowing dogs at Burlingame. John Worcester, city attorney, told Council they do have the authority to put a "no dog" condition on the approval; they also can put this requirement in the covenants. 9 Regular Meetin~ Aspen City Council July 23~ 2001 Council agreed to add to condition #3 the height limitations. Councilmembers McCabe, Semrau, Hershey and Mayor Klanderud agreed the applicants should write no dogs allowed into the condominium declaration. Councilman Paulson said he is concerned about the enforceability of a "no dog" provision. Councilman Semrau said he would like the city to stay out of this type of provision in a PUD process. There will be a provision in the declaration of covenants disallowing dogs but these covenants may be amended by unanimous approval of the homeowners. Council agreed with the sign plan as outlined in the staff memorandum. Mayor Klanderud said she will not support the change in 8:30 a.m. Saturday construction hours unless they are changed city-wide. It would be too complicated to do construction hours on a project by project basis. Councilman Paulson noted this is a dense neighborhood and he would support an 8:30 a.m. Saturday start. Council agreed this should not have a different start time. Vann told Council the applicants are required by regulation to provide a landscape guarantee for 2 years. The homeowners will then assume responsibility for the exterior of the building and the landscaping. Generally projects have a repair and replacement budget. Councilman Semrau said he does not support including this in the PUD agreement but suggests this could be part of the condominium documents. Councilman Paulson said he brought this up because of street lights shining into people's bedrooms and people painting one side of the street light black. Vann said the applicant will meet the city's lighting ordinance and if the city changes the lighting standards before installation, they will comply with that. Councilman Paulson said he would not like to waive the park dedication fee. Councilman McCabe said this project is above and beyond what is required for housing mitigation and the applicant has done a good job so he would favor waiving the park dedication fee. Mayor Klanderud agreed there is probably more use on the parks with families living in affordable housing; however, the code permits Council to waive this fee. Councilman Hershey agreed with park fee waiver. Council agreed the applicant can use skim coat rather than painting the exterior of the existing BaVarian. Vann read the upgrades to the Bavarian in 10 Regular Meeting Aspen City Council July 23, 2001 addition to condition #4, "The applicant is committed to the repair and or replacement of the broken windows, repair or replacement of the roof as necessary, repair, replace or repaint all fascia, soffit exterior woodwork as necessary, repair and replace the rain gutters as necessary and in addition to the requirement that says paint within one year, the applicant will commit to provision of a skim coat if they can get approval from the housing authority, additional landscaping on the 7th street frontage of the building within the public right-of-way to provide additional vegetation, and an overall general property clean up to deliver the property to the housing authority in an "as new" condition." Councilman McCabe moved to adopt Ordinance #21, Series of 2001, including the changes of the height restrictions, including thc list of improvements to the Bavarian Inn, thc condominium declaration will include a "no dog" provision which can only be changed with 100% of the homeowners approval; sign changes as outlined by staff; waiver of park dedication fee; no change in the construction hours, no special landscape assessment, no change to the exterior lighting; changing the block 11 to block 12; seconded by Councilman Hershey. Roll call vote; Councilmembers Semrau, yes; Paulson, no; Hershey, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #74, SERIES OF 2001 - Bar/X Ranch Annexation John Worcester, city attorney, told Council this is a public hearing, one of the 4 steps in the annexation process. At this time Council is adopting a resolution finding facts. City Engineer Adeh reported this is contiguous. City Clerk Koch reported the publication and public notices are in order. The community development department reported a community of interest exists, that 100% of the property owners have petitioned for annexation and this annexation is consistent with the annexation element of the AACP. Mayor Klanderud opened the public hearing. Herb Klein, representing the applicant, requested Council approve the annexation. Klein noted this is subject to completion of the development plan for the project. The annexation agreement should be amended because if the planning process is not completed by December 2001, the agreement is null and void. Klein said the applicants have spent money on this process and he would like to see the eXPiration date extended and all the planning 11 Regular Meeting Aspen Citw Council Julv 23~ 2001 process continue. Mayor Klandemd agreed there should be a meeting to discuss this. Mayor Klanderud closed the public hearing. Councilman Hershey moved to approve Resolution #74, Series of 2001; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #77~ SERIES OF 2001 - Temporary use Othello SK8 Shop Councilman McCabe stated his business is below this use and is impacted. Councilman McCabe said he would like to participate in the discussion but will recuse himself from voting. Joyce Ohlson, community development department, told COuncil this is located in the S/C/I zone and is sharing a space with Use is Again Sports. Ms. Ohlson explained the applicant applied for a business license several months ago and when it was reviewed by staff, they suggested the applicant apply for a conditional use approval. There are 3 parts to this business; one is rental and repair of skateboards; the second is commercial recreational use; and the 3ra which was nighttime entertainment has been withdrawn. Ms. Ohlson said the first use is in compliance with the S/C/I. The zone allows 25% of the shop to be devoted to retail; this Proposal is about 20% retail. The commercial recreational use is a half pipe for use in the store. Staff does not feel this use is in keeping with intent of the S/C/I. If Council does want to approve this, the commercial recreational use should only be allowed from 4 p.m. to 7 p.m. Monday through Friday and 10 a.m. to 7 p.m. Saturday and Sunday due to the impacts on the adjoining properties and the impacts on the residences in the area. Othello Clark, applicant, told Council the skateboard ramp does make noise and he agrees not to start before 4 p.m. The commercial fees go toward maintaining the half Pipe; it is for people to try out their skateboards. Mayor Klanderud opened the public hearing. Tim Fortier, shop owner next door, noted there is less than 6 weeks left for this use. Fortier suggested Council look into leasing the top floOr of the Youth Center for an indoor half PiPe. Skip, told COUnCil his kids use this 12 Regular Meeting Aspen Ci~ Council July 23, 2001 facility. Skip said the skateboard park is the best thing and he acknowledged the city for constructing this; however, when it rains kids go to the SK8 shop. Tom McCabe, Aspen Repair Service, told Council the amount of noise from the half pipe makes it impossible to hear in shops below. McCabe said he would agree to the hour restriction and this sublease is only good until September 15th. Toni Kronberg supports the use at this site. Ms. Kronberg noted there is no entertainment for kids at night. This shop provides something for kids to do. Ms. Kronberg urged Council to think about the next step for providing an opportunity for kids at night. Regan Ritchie said Othello's shop provides a safe place for beginner skateboarders to practice. Mayor Klandemd closed the pubic hearing. Mayor Klandemd said she is concerned about the safety of this operation. John Worcester, city attorney, said it is not the city's job to regulate private businesses in terms of safety. Councilman Hershey said this use is only for 6 weeks. Councilman Hershey said he likes this use. Councilman Hershey moved to approve Resolution #77, Series of 2001, approving the retail use and the commercial recreation use during the hours of 4 p.m. to 7 p.m. Monday through Friday and 10 a.m. to 7 p.m. on weekends only; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #155~ SERIES OF 2000 - 303 South Cleveland John Worcester, city attorney, suggested Council table this until the end of the meeting in order to negotiate with the applicant. Councilman Hershey moved to table this to the end of the meeting; seconded by Councilman Paulson. All in favor, motion carried. REQUEST FOR FUNDS - Roaring Fork Kids Shirley Ritter, Kids First, reminded Council the Ski company will no longer be funding the Kids Club. A new entity, Roaring Fork Kids, will be taking its place. This is an existing program - same kids, same teachers. They are required to get a new license, new board members, and form a non-profit 13 Regular Meetin~ Aspen City Council July 23~ 2001 organization. After they become non-profit, they will qualify for infants and toddlers subsidy. MS. Ritter recommended funding the requested $26,367 out of the housing/day care fund. Councilman Paulson moved to approve $26,367 from the housing/day care fund for the start up of Roaring Fork Kids; seconded by Councilman Hershey. All in favor, motion carried. RUEDI WATER AND POWER AUTHORITY UPDATE Mark Fuller told Council the Water and Power Authority has met a number of its goals regarding water purchases from Ruedi and the limitation of endangered species from Ruedi. WAPA is moving into new areas like long term studies of environmental issues associated with Ruedi and the Frying Pan river, including economic surveys of users and biological studies of the effects of different release levels. WAPA is also working with NWCCOG on the 208 plan update, which is the major water quality update plan for local rivers and waterways. WAPA is working on educational efforts and hopes to have a website next year to include statewide water issues. Fuller showed a graphic they will be using in their education efforts to show the allocation of water to various users, the number of users with water under contract. Fuller told Council the city's funding will run out in 2003. WAPA debated distributing the funding responsibility and decided to divide the funding equally among the 8 members. The contribution will be $3750/annually for a total of $32,000 budget. Fuller asked the members to include in their 2002 budget a line item for WAPA to be funded in 2003. ORDINANCE #31, SERIES OF 2001 - Bar/X Annexation Councilman Hershey moved to read Ordinance #31, Series of 2001; seconded by Councilman McCabe. All in favor, motion carded. ORDINANCE #31 Series of 2001 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 14 Regular Meetin~ Aspen City Council July 23, 2001 AND DESIGNATED AT THE "BAR/X RANCH ANNEXATION" was read by the city clerk John Worcester, city attorney, reminded Council annexing property is strictly a legislative action. This property is subject to a pre-annexation agreement. Worcester noted the second reading will not be scheduled until the COWOP process is ready. Councilman Hershey moved to adopt Ordinance #31, Series of 2001, on first reading; seconded by Councilman McCabe. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; Semrau, yes; McCabe, yes; Mayor Klandemd, yes. Motion carded. CITY HALL AIR CONDITIONING Ed Sadler, asset manager, explained the need for air conditioning is caused by more people and more electrical equipment in city hall. Sadler requested money to install air conditioners in offices on the east and south side, 1st and 2nd floors of the building. Sadler told Council this has been reviewed and approved by HPC on a temporary basis until the HVAC system for the entire bu!ld!ng can be addressed. Councilman Semrau moved to approve $6,000 from general fund to install temporary air conditioners; seconded by Councilman Paulson. All in favor, motion carded. Councilman Hershey moved to suspend the roles and extend the meeting to 9:30 p.m.; seconded by Councilman McCabe. All in favor, motion carried. YOUTH CENTER EQUEST FOR RENEGOTIATION AND ADDITIONAL FUNDING Ed Sadler, asset manager, reminded Council last year they approved money to purchase the youth center and to enable the youth center to become part of the new facility at Iselin. Sadler told Council the youth Center board has not yet signed an agreement. They are requesting additional money to furnish their new space. Sadler said his concern is to get this tied down because the construction is starting at Iselin. Council scheduled a work session August 6th to meet with the Youth Center to work out these issues. 15 Regular Meeting Aspen City Council July 23~ 2001 Councilman Paulson moved to set August 15th as a drop dead decision date off the youth ~en~er and iselih faciilty; Sec6nded bY CounCilman Hershey. All in favor, motion carried. BOARD APPOINTMENTS Councilman Paulson moved to appoint Jamie Knowlton and David Guthrie as regular members and Sheri Sanzone as an alternate to the housing board; to reappoint Roger Haneman to P&Z and to appoint Jack Johnson as a regular and Neill Hirst and Teresa Melville as alternates to HPC and to reappoint Terry Butler and Eric Cohen as regular members and Andrew Kole as an alternate to the CCLC. Councilman McCabe said it. is unfortunate that Jackie Kasabach was not reappointed to the housing board. She is pro affordable housing, she represents the business community and the lodging sector in a way that will be missed. Ms Kasabach has been a dedicated member of the housing board. All in favor with the exception of Councilman McCabe who is voting no only on the housing appointment. Motion carded. Councilman Hershey moved to go into executive session at 9:05 p.m. for the purpose of negotiations and discussing potential litigation; seconded by Councilman Paulson. All in favor, motion carried. Councilman McCabe moved to come out of executive session at 9:30 p.m.; seconded by Councilman Hershey. All in favor, motion carded. Councilman Hershey moved to approve Resolution #155, Series of 2000, amending the settlement agreement to include $15,000 and to add a provision in the settlement agreement that the parties agree to change the date if approval process is postponed beyond February 15, 2002; seconded by Councilman McCabe. All in favor, motion carried. Councilman Hershey moved to go back into executive session at 9:35 p.m. to discuss potential litigation; seconded by Councilman Paulson. All in favor, motion carded. 16 Regular Meeting Aspen City Council July 23, 2001 Councilman Hershey moved !o come oUt of executive sessiOn at i0:00 P.m.; secOnded by councilman McCabe. Councilman Hershey moved to continue the meeting to July 24th at 4 p.m. to consider Resolution #75, Series of 2001, Wills Pember Contract Wagner Park; seconded by Councilman Semrau. All in favor, motion carried. Council left Chambers at 10:00 p.m. Kat~/yn S. Koch, City Clerk 17