HomeMy WebLinkAboutminutes.council.20010827Regular Meeting Aspen City Council August 27, 2001
OUTSTANDING EMPLOYEE BONUS AWARDS ..................................... 2
CITIZEN PARTICIPATION ~ ......~ .................................................................. 2
COUNCILMEMBER COMMENTS .............................................................. 2
CONSENT CALENDAR...., ~ ......................................................................... 3
· Resolution #87, 2001 - Readoption of Annexation Plan ........................ 4
· Resolution #84, 2001 ~ Contract Parking Garage Equipment & Budget
Request ........................................................................................................ 4
· Resolution #85, 2001 - Release of Claims 7th and Main ......................... 4
· Resolution #89, 2001 - Contract WebCreate.com .................................. 4
· Ordinance #37, 2001 ~ Code Amendment - Real Estate Transfer Tax ...4
· Request for Funds - World Cup - Approve $5,000 from Council
Contingency ................................................................................................. 4
· Minutes - August 13, 2001 ...................................................................... 4
· Appointment of Tony Hershey as alternate to RFRHA .......................... 4
RESOLUTION #88 2001 - IGA CDOT Main & Galena Stoplight .............. 4
ORDINANCE #25 SERIES OF 2001 - Code Amendment House Sizes ...... 5
ORDINANCE #27 SERIES OF 2001 - Christiana Lodge PUD .................... 7
ORDINANCE #28 SERIES OF 2001 - Aspen Alps Rezoning/PUD ............ 9
ORDINANCE #32 SERIES OF 2001 - Supplemental Appropriations .......12
ORDINANCE #34 SERIES OF 2001 - Charter Amendment- Specially
Designated Spaces ......................................................................................... 13
ORDINANCE #35, SERIES OF 2001 - Charter Amendment Qualifications
for Office ....................................................................................................... 14
ORDINANCE #36, SERIES OF 2001 - Charter Amendment Qualification
for Boards and Commission .......................................................................... 14
OLYMPIC TORCH REQUEST FOR FUNDS; BANNERS ON FLAG
POLES ........................................................................................................... 15
RESOLUTION #86, SERIES OF 2001 - Setting Ballot Questions ............. 16
APPOINTMENTS TO WHEELER OPERA HOUSE BOARD .... .............. 16
Regular Meeting Aspen City Council August 27~ 2001
Mayor Klanderud called the meeting to order at $ :00 p.m. with
Councihnembers Semrau, Paulson, Hershey and McCabe present.
OUTSTANDING EMPLOYEE BONUS AWARDS
Mayor .and Council presented outstanding employee bonus awards to James
Lindt, community development department; Kathy Strickland and Jackie
Lothian, city clerk's department; and a team of Paul Kulik, recreation, Tom
Ray Buddy Lyke, Chad Jenkins, parks, Danny Pierce, Eric Grueter, Matt
Kinsel, Michael Cardosi and Jenny Nelson, ice garden.
CITIZEN PARTICIPATION
1. Toni Kronberg asked that Councilman Hershey either recuse himself
when she addresses the Council or listen respectfully. Mayor Klanderud
pointed out Councilman Hershey was elected by the citizens of Aspen and
has a duty to be sitting at the Council table during discussion. John
Worcester, city attorney, noted the Charter requires Council attendance but
does not require them to be listening.
COUNCILMEMBER COMMENTS
1. Mayor Klanderud expressed appreciation to the arts and non-profit
groups who provided so many wonderful experiences for the citizens and
visitors of Aspen. Mayor Klanderud thanked the Aspen Art Museum, Aspen
Santa Fe Ballet, Theatre in the Park, Jazz Aspen, Aspen Writer's Foundation,
Given Institute, Physics Institute, Aspen Institute ~d Music Festival and
school. Mayor Klanderud said without them, summer in Aspen would not
be what it is. Mayor Klanderud said the staff, Boards and volunteers of each
of these organizations do a lot of work to make their events happen. Mayor
Klanderud wished Robert Harth well after serving the MAA for 12 years and
welcomed Don Roth the new CEO of the Music Festival.
2. Councilman Hershey thanked Council for deciding not to have beer at
the community picnic. Councilman Hershey said he sits on the Board of
Valley Partnership for Drug Prevention and read into the record a letter from
the executive director stating "There are plenty of opportunities for adults to
imbibe; a community picnic does not seem to be an appropriate setting. The
real value of social activities is being with friends and taking time out from
2
Regular Meeting Aspen Ci,ty Council August 27, 2001
daily pressures". Councilman Hershey said the Picnic will be a good time
for adults to show kids people can have good times without alcohol.
3. Councilman Semrau stated there are many things fight with the city!
4. Councilman Paulson brought up the Sunshine law and the fact that 3
Councilmembers are not to meet without official notice as that is a quorum.
Councilman Paulson said last week there were Council people meeting with
CDOT and he was not invited. Mayor Klanderud stated 4 Council people
did not meet with Ralph Tripani, CDOT. Mayor Klanderud said she and one
Councilperson met with Tripani and another time 2 other Councilpersons
met with Tripani. Mayor Klanderud agreed this was no way to go about
things as the information gets fragmented and misinformation was reported.
Mayor Klanderud stated these meetings were not a violation of the Sunshine
law. Randy Ready, assistant city manager, said the mistake was his. He was
trying to get the two newly elected Council representatives together with
Ralph Tripani. Mayor Klanderud said any further discussions on the
entrance to Aspen will be held with the entire Council.
5. Steve Barwick, city manager, requested a meeting October 23 at 4
p.m. with the BOCC and Town of Snowmass to review the health and
human service grants. Council agreed.
CONSENT CALENDAR
Councilman Hershey moved to add Tony Hershey as alternate on RFRHA to
the consent agenda; seconded by Councilman McCabe. All in favor, motion
carried.
Councilman Paulson requested Resolution #88, Series of 2001, IGA with
CDOT Stoplight at Main and Galena be pulled.
Councilman Hershey moved to read Ordinance #37, Series of 2001;
seconded by Councilman McCabe. All in favor, motion carried,
3
Regular Meeting Aspen City Council August 27, 2001
ORDINANCE NO. 37
(Series of 2001)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 23.48.010(c) OF THE
MUNICIPAL CODE TO CLARIFY THE DEFINITION OF THE TERM
"REAL PROPERTY" IN THE CHAPTER OF THE ASPEN MLg~CIAPL
CODE RELATING TO REAL ESTATE TRANFER TAXES
Councilman Hershey moved to adopt the consent calendar as amended;
seconded by Councilman Paulson. The consent calendar is:
· Resolution #87, 2001 - Readopfion of Annexation Plan
· Resolution #84, 2001 - Contract Parking Garage Equipment & Budget
Request
· Resolution #85, 2001 - Release of Claims 7th and Main
· Resolution #89, 2001 - Contract WebCreate.com
· Ordinance #37, 2001 - Code Amendment - Real Estate Transfer Tax
· Request for Funds - World Cup - Approve $5,000 from Council
Contingency
· Minutes - August 13, 2001
· Appointment of Tony Hershey as alternate to RFRHA
Roll call vote; Councilmembers Semrau, yes; Paulson, yes; McCabe, yes;
Hershey, yes; Mayor Klanderud, yes. Motion carried.
RESOLUTION #88~ 2001 - IGA CDOT Main & Galena Stoplight
Councilman Paulson questioned whether another stoplight on Main is really
necessary. Councilman Paulson said this is the most pedestrian friendly
intersection with a barre! telling people to stop for pedestrians. Councilman
4
Regular Meetin~ Aspen City Council August 27, 2001
Paulson said he feels this is a good solution rather than more stoplights.
Councilman paulson said the new entrance could add even more stoplights
along Main street~ Councilman Hershey Said this light will make Main and
Galena intersection more safe, Councilman McCabe said this is an unsafe
intersection for both pedestrians and cars.
Nick Adeh, city engineer, told Council there are standards to meet before the
state will install a stoplight. This intersection met or exceeded three of the
criteria to justify a stoplight. Adeh pointed out the fire department will have
an optic eye installed to facilitate movement onto Main street.
Councilman Hershey moved to approve Resolution #88, Series of 2001;
seconded by Councilman McCabe. All in favor with the exception of
Councilman Paulson. Motion carried.
ORDINANCE #25~ SERIES OF 2001 - Code Amendment House Sizes
Joyce Ohlson, community development department, reminded Council at the
work session held with P&Z on this code amendment, Council directed staff
to eliminate the volumetrics, to return the floor area ratio and sliding scales
to that prior to the adoption of Ordinance #56, 2000, to eliminate the
maximum cap on house sizes, and to repeal some of the new exemptions in
FAR calculations. Ms. Ohlson said Council directed staff to look at house
sizes with design standards. This will be part of staffs work plan.
Mayor Klandernd opened the public hearing.
Larry Winnerman said Ordinance #56 made it very difficult to figure out
how a design and building would work. Winnerman said he would like to
see the land use code simplified; it makes for a very expensive process.
David Brown commended Council for reconsidering this issue.
Charlie Tarver encouraged Council not to approve this. Tarver pointed out
the property values in this community indicate the city has good land use
concept over the past 20 years. Tarver said he is on the in-fill committee
and they would like to discuss this issue with Council before they adopt this
ordinance. Tarver said one of the key components of in-fill is trading floor
area in the west end and Council should understand the ramifications to the
in-fill program before making code amendments. Tarver entered a letter into
the record. Lorrie Winnerman noted adopting this ordinance is the first step
5
Regular Meeting Aspen City Council August 27, 2001
in considering all other city programs, like in-fill. Mayor Klanderud entered
3 letters into the record in support of going back to the FARs in Ordinance
#56.
Mayor Klanderud closed the public hearing.
Councilman Hershey said fiddling with floor area ratio is fiddling a dollar
value per square foot. This is not an increase in FAR; it is going back to
what the FARs were in 2000. Councilman Hershey said he would rather
investigate design standards as a way to preserve community character.
Councilman Hershey moved to adopt Ordinance #25, Series of 2001, on
second reading; seconded by Councilman McCabe.
Councilman Paulson said he feels this should be tabled until it is more fully
explored with new information, like that on in-fill. Councilman Paulson
noted P&Z spent a lot of time on this issue and Council should not throw all
this work out. Councilman Paulson said size does not have to do with value.
Councilman Paulson said building setback to setback will kill the character
of the town. Councilman Paulson agreed about eliminating the volumetric
section of the ordinance.
Mayor Klanderud asked if this ordinance contains the provision that in a lot
split, the FAR will not be greater than that allowed for one building. Ms.
Ohlson said one of the first directives from Council in drafting Ordinance
#56 was not to get involved with residential design standards. These were
reviewed and revised in 1999. Massing on a site or creating secondary mass
is reviewed under residential design standards. Mayor Klanderud said she
does not feel it is FAR that is driving the complaints. There are other things
like siting, lack of landscaping, design and for these reasons she would like
to revert to the former ordinance.
Councilman Semrau said the goal is to reduce the appearance of
overpowering houses around town, not to take value away from Property
owners. Councilman Semrau said the city has not looked into other
alternatives to get houses to look appropriate to their neighborhoods.
Councilman McCabe said he did not support the FAR ordinance when
proposed. Councilman McCabe said he agrees with the intent of volumetric
controls; however, the implementation of it is problematic. Councilman
McCabe said there is more to this problem than FAR.
6
Regular Meeting Aspen City Council August 27, 2001
Roll call vote; Councilmembers McCabe, yes; Paulson, no; Semrau, yes;
Hershey, yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #27~ SERIES OF 2001 - Christiana Lodge PUD
Fred Jarman, community development department, told Council this is
located on Main street between 4th and 5th streets. This is in the office zone
and contains 27,000 square feet; it has both a historic district and lodge
preservation overlay. This is a proposal for rezoning and reconstruction.
The two panabodes and historic cabin will be relocated closer to Main street.
The remaining buildings will be demolished and reconstructed in their
current footprints. The applicant has appeared before both the HPC and
P&Z for reviews.
Jarman noted the lodge uses 11 parking spaces in the 4th street right-of-way.
These cannot be counted toward the parking mitigation. Jarman said there
are 9 parking spaces off the alley. Jarman went over the proposed site plan,
which buildings will be moved and which demolished and reconstructed.
Jarman said the landscape plan creates a more campus feels and saves a lot
of the existing mature trees. Jarman showed Council architectural drawings,
view from Main street, north elevation, the new triplex on 5th and Main.
Jarman told Council there will be 28 units and 35 bedrooms. Three of those
units are affordable housing units with 3 bedrooms. Jarman said the
decision is whether this PUD meets the criteria for planned unit
developments. Jarman told Council this project meets most of the
underlying dimensional requirements.
The most significant aspect of this development is the parking plan. Jarman
told Council the land use code states with any lodge preservation
redevelopment, the applicant is able to maintain their existing parking
deficit. The applicants are increasing their on-site parking by one space.
The applicants are proposing a van service, they have bike storage, the site is
in close proximity to 3 transportation routes. Jarman said staff has suggested
the applicant lease the parking spaces on the 4th street right-of-way. This
currently is public parking, not lodge only parking. P&Z did not
recommend approval of the lease of these spaces. The applicant does not
want to lease these spaces as it is not lodge-only parking. The applicantS are
7
Regular Meeting Aspen City Council August 27, 2001
not interested in paying the $40,000/year for the parking spaces on 4th street
right-of-way. Jarman noted the project makes good use of this site.
Mitch Haas, representing the applicant, told Council there are currently 28
lodge and 1 employee unit on sites, total 35 bedrooms. The proposal is for
25 lodge units and 3 affordable housing units. The total number of units is
one less than existing. The affordable housing is not required but is being
added to the project. One additional parking space, commitments for shuttle
service, bike storage have been added. Haas said nothing different will be
done to the 4th street parking. Haas noted there has not been a parking
problem with this lodge nor were any parking comments brought up at the 4
public meetings. The applicant question paying $40,000/year to change any
external parking. Haas said if they were to pay an annual lease for parking,
they would make the parking exclusive use. Haas reiterated the code allows
a lodge preservation project to maintain an existing parking deficit. Haas
said they are increasing the parking on-site by one.
Haas told Council this site plan is an attempt for a campus like site plan,
more internalized away from Main street. The creek will help to mask the
Main street sound. The buildings all have front porches along Main street.
The new buildings do not mimic the historic architecture. They are
maintaining the existing spruce streets; most trees on site will be retained in
their location. The applicants hope to move very few trees; Haas pointed
out the tallest building on the property. The project needs to get some mass
and bulk, adjacent to the lodge on the back of the property is where this bulk
will be located. Haas said they went through work session and public
meetings with HPC to come to this compromise design. The tallest building
is 70 feet from the edge of Main street.
Greg Hill, applicant, said lodge preservation was to encourage lodge owners
to upgrade. Hills said it is unfair to charge spaces after owners have been
encouraged to upgrade. Hill told Council they designed this project around
the existing trees. Haas reminded Council one goals of the AACP was to
preserve lodges. This will be returning beds to the bed base.
John Worcester, city attorney, noted the city does grant encroachment
licenses; however, these are temporary and revocable. Worcester said the
city does not own the public right-of-way; it is held in trust. Worcester said
the city cannot sell this public right-of-way. Worcester said he is not
comfortable with long term leasing public right-of-way. Worcester said the
8
Regular Meetin~ Aspen City Council August 27, 2001
ordinance can have conditions regarding the shuttle service, bike storage,
etc.
Mayor Klanderud opened the public hearing.
Fonda Paterson, Boomerang Lodge, commended Hills for being a good
neighbor. Ms. Paterson suggested Council conduct a site visit with story
poles to see the large 4-plex. Ms. Paterson asked the Council and applicant
to consider moving this 4-plex to the west end of the block. Ms. Paterson
said the building on the east end of the block is proposed to be located right
on the alley with large picture windows. Ms. Paterson said these may not be
a good location for picture windows on this busy alley. Ms. Paterson said
she has some suggestions on how to manage the construction so that their
guests will have a good vacation experience. Ms. Paterson questioned
restricting 3 on-site parking spaces for employees; these employees may not
have cars and if there is parking, it should be used. The applicants agreed.
Mayor Klanderud closed the public hearing.
Councilman Semrau commended the applicant for not pushing too much
development on this site. Councilman Semrau said he feels this project is
very doable. Councilman McCabe asked how the proposed 6 month lease
will be handled. Haas noted the land use code allows an owner to use up to
6 months as long as the unit is available the other six months for shOrt-term
rental. Haas said they have not gotten any further into details. Councilman
Paulson said he wants to make sure the tree replacement program is spelled
out.
Councilman Semrau moved to adopt Ordinance #27, Series of 2001, on
second reading deleting condition #1 regarding leasing of the parking on 4th
street; seconded by Councilman Hershey. Roll call vote; Councilmembers
McCabe, yes; Paulson, yes; Semrau, yes; Hershey, yes; Mayor Klanderud,
yes. Motion carried.
ORDINANCE #28, SERIES OF 2001 - Aspen Alps Rezoning/PUD
Fred Jarman, community development department, told Council this is a
request to redevelop lot 2B of the Aspen Alps, currently containing tennis
courts. The proposed development would have a two level subgrade parking
garage, including a maintenance and laundry and 3 housing units, with
9
Reffular Meeting Aspen City Council August 27~ 2001
tennis courts on top. Jarman showed Council the surrounding land uses and
their zoning and lot 2B zoned R~ 15/PUD, the subject of this application.
This ordinance rezones the entire Alps property LTR (lodge/tourist
residential).
The Aspen Alps is zoned LTR, Conservation and R-15 PUD. In order to
build a subgrade garage, this property needs to be rezone& Jarman said
rezoning to LTR would also allow the 3 employee units. The applicant
requests a GMQS exemption for affordable housing for these 3 units as well
as subdivision approval Jarman told Council this ordinance modifies a
previous Council approval regarding lot 2B. Jarman showed a rendering of
the tennis courts and affordable units from Ute and from Ute Avenue south.
Jarman told Council there will be a total of 69 spaces in the garage. There
will not be interior circulation in the garage so there will have to be an
entrance for each level.
The housing authority recommends approval of the 3 employee units. This
is a creative use of land, which provides employee units for the Aspen Alps
in close proximity to the Alps and to the commercial core. Jarman said this
is consistent with the Aspen Area Community Plan. Jarman noted the Aspen
Alps does not have enough parking currently. Councilman McCabe asked if
there is any radon on site and if so, is there a radon mitigation plan.
Alan Richman, representing the Aspen Alps, told Council they have no
issues with any of the conditions recommended by staff. Richman said the
applicants have worked with the neighbors through P&Z. The applicants
have been working on the project since 1998. The city's philosophy has
been to address non-conforming status of lodges. Richman said the only
reason for the request to rezone lot 2B is because of the 3 affordable units,
which under the city's code is a multi-family use and multi-family use is not
allowed in R-15. The other uses are allowed in R-15 as accessory to the
Aspen Alps.
Richman said the applicants want Council to feel confident they have control
over what happens at the Alps in the future. Staff has recommended a PUD
designation over the entire property, which will require review of any future
development on the property. Richman noted that in 1992 Council imposed
limitation on development on lots 2A and 2B. The Alps was developed in
the 1960's and was not a phased plan. It was built one building at a time and
because of lack of planning, there is no laundry facility, there is no
10
Regular Meeting Aspen Ci,ty Council August 27, 2001
maintenance facility, and there is not adequate parking. Richman noted the
surrounding land was not given over to the Alps until 1992. At that time
Council approval a subdivision to allow this land to be given to the Alps.
Council was concerned about the addition of several acres of land to the
Alps and they did not want it to be developed for more or larger units. The
Alps agreed to a deed restriction on lots 2A and 2B that this land could not
be used for additional floor area or additional units. Richman requested this
condition be modified for lot 2B as the Alps is proposing 5 bedrooms and
6500 square feet of floor area. This condition will be kept on lot 2A.
Richman said since the Aspen Alps is a condominium, many owners leave
their cars on property. The proposed parking garage will be used more as a
storage facility rather than have heavy daily use. Richman stated these
employee units are not mitigation for development; they are units for the
Alps' needs and will be deed restricted to category 3.
Mayor Klanderud opened the public hearing.
Mary Gleason, adjacent property owner, said she realizes parking is needed
and affordable housing is needed; however, their concern is that this area is a
mine dump and a lot of excavating will be done. Ms. Gleason said they
WOuld like to be kept appraised of the nature of the materials, are they toxic,
and is the mitigation plan sufficient. Jarman told Council he received an e-
mail from a Gant condominium owner regarding the type of landscaping on
top of this proposed structure.
Mayor Klanderud closed the public hearing.
Councilman Paulson asked about the conservation easement. Richman
reiterated they are proposing no modifications to the restrictions on lot 2A.
Matt Roberts, industrial hygienist, said his company focuses on health and
safety to workers and to ambient air quality issues. Roberts said they have
conducted evaluations of similar sites. The intent is to environmentally
profile sims to understand the nature of the contaminants and then to develop
a protective program for neighbors and for workers. Roberts said they will
look into whether there is radon on this property or not. The housing is
above grade, which makes radon a minimal issue. Semrau said after
construction is when radon is addressed, usually through ventilation. There
is no way to address it until construction. Pamela Cunningham, Aspen Alps
11
Regular Meeting Aspen City Council August 27, 2001
manager, told Council there have been radon tests around the project and
there has not been a problem with radon yet.
Richman pointed out conditions 7 and 8 in the ordinance, which focus on the
concerns of lead and potential exposure to the neighbors. Richman said the
recommendations from the environmental health department and the
applicant are to make sure fugitive dust does not become a concern to the
neighbors. Keeping the dust wet and suppressed is the fight way to contain
it. Condition #8 requires when soils tests are conducted to make city staff
aware of the results and for staffto place additional requirements on the
project, if necessary.
Mayor Klanderud asked about the trees on ske and the comment from the
Gant owner that the Spruce trees along Ute avenue be replaced. Richman
said he has met with the city's forester; some of the existing trees are very
close to the excavation and will be difficult to save. If the trees cannot be
saved, they will be replaced. The area along Ute Avenue is predominantly
cottonwoods and Aspen, which Richman demonstrated with photographs.
There are some spruce; however, this is not a spruce forest. The city's
forester noted this forest has grown up on its own and he would like to see it
recreated, if the trees come out, cottonwoods interspersed with ground cover,
aspens and spruce. Richman said they do not want a line of spruce trees and
they want light to get into the housing units.
Councilman Hershey moved to adopt Ordinance #28, Series of 2001, on
second reading; seconded by Councilman Semrau. Roll call vote;
Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Semrau, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #32~ SERIES OF 2001 - Supplemental Appropriations
Mike Cain, budget director, told Council this ordinance approves carry
forward in departmental budgets, the asset management carry forward
projects, and departmental savings. Cain noted departments can retain 50%
of the savings of money not spent in their budget. The other 50% is split
10% city manager central savings and 40% goes back into fund balance.
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
12
Regular Meeting Aspen Ci,ty Council August 27, 2001
Councilman McCabe moved to adopt Ordinance #32, Series of 2001, on
second reading; seconded by Councilman Hershey. Roll call vote;
Councilmembers Semrau, yes; Paulson, yes; Hershey, yes; McCabe, yes;
Mayor Klanderud, yes. Motion carried.
Councilman Hershey moved to continue Ordinance #33, Series of 2001, to
September 10th; seconded by Councilman McCabe. All in favor, motion
carried.
ORDINANCE #34, SERIES OF 2001 - Charter Amendment- Specially
Designated Spaces
John Worcester, city attorney, said if approved this Charter amendment will
go to the electorate in November. This Charter amendment will allow
Council to specifically designate spaces that will be used only for certain
purposes. Outlined in this are the Ute Cemetery and John Denver sanctuary.
Councilman McCabe said the Council will have to think carefully before any
uses are changed; it will take a unanimous vote of Council to approve any
change in use. Councilman McCabe said this is the highest protection
Council can give a property. These places are spiritual and the Council
places value on that.
Mayor Klanderud opened the public hearing.
Harlean Peterson supports the city adopting this ordinance to protect both
the Ute Cemetery and John Denver sanctuary; these sites should be given as
much protection as possible. John Denver made an impact on the whole
world with his hunger project, planet 2000, Windstar Foundation and other
projects. Denver changed the community for the better and raised money for
local charities.
Jennifer Moore said we should honor what is important to us and she would
like to see the John Denver sanctuary preserved. Kathryn Koch, city clerk,
entered into the record 67 e-mails received in support of this Charter
amendment.
Mayor Klanderud cloSed the Public hearing.
Councilman McCabe moved to adopt Ordinance #34, Series of 2001, on
second reading; seconded by Councilman Hershey.
13
Regular Meeting Aspen City Council August 27~ 2001
Councilman Paulson said he appreciates wanting to put these sites aside and
he challenged Council to honor what John Denver stood for, not just
establishing a sanctuary.
Roll call vote; Councilmembers McCabe, yes; Hershey, yes; Paulson, yes;
Semrau, yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #35, SERIES OF 2001 - Charter Amendment Qualifications
for Office
John Worcester, city attorney, explained this will amend the section of the
Charter that deals with qualifications to run for Mayor or Council. The
qualifications will be (1) elector of the city; (2) resident of the city for one
year and (3) citizen of the US for one year.
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Councilman Hershey moved to adopt Ordinance #35, Series of 2001, on
second reading; seconded by Councilman Semrau. Roll call vote;
Councilmembers Paulson, yes; Semrau, yes; Hershey, yes; McCabe, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #36~ SERIES OF 2001 - Charter Amendment Qualification
for Boards and Commission
John Worcester, city attorney, stated this proposed Charter Amendment will
lower the residency requirement for Board members from 2 years in the city
to 1 year in the city.
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Councilman Hershey moved to adopt Ordinance #36, Series of 2001, on
second reading; seconded by Councilman McCabe.
Councilman Paulson said he feels strongly that people should live here more
than one year in order to serve on city boards. Newcomers tend to recreate
where they came from before accepting this is a special community.
14
Regular Meetin~ Aspen Ci,ty Council August 27~ 2001
Roll call vote; Councilmembers Semrau, yes; McCabe, yes; Hershey, yes;
Pauls0n, no; Mayor Klanderud, Yes. Motion carried.
Councilman Hershey moved to suspend the rules and extend the meeting to
9:45 p.m.; seconded by Councilman Semrau. All in favor, motion carried.
OLYMPIC TORCIt REQUEST FOR FUNDS; BANNERS ON FLAG
POLES
Linda Gerdenich, community relations officer, said there are 3 requests for
Council's approval in order for the city to sign a contract with SLOC; the
$10,000 supplemental budget request for 2002, banners celebrating the
Torch run on the city light poles, and the fact that these banners will have
advertising in the city's rights-of-way.
Steve Barwick, city manager, reminded Council the current policy is that
banners are only allowed on Main Street for anniversaries of significant
local groups. Barwick recommended against allowing these banners as
Council directed community development department staffto come up with
a banner policy. Staff is working on that policy and Barwick suggested
Council wait until that policy is complete. Ms. Gerdenich said banners
could be sold as a manner of fund raising.
Councilman Paulson said this is a very special occasion and it will not
happen again in this Council's lifetime or anyone on Council's lifetime. John
Worcester, city attorney, told Council the policy being written will include
special, special community-wide events. Worcester noted the current policy
does not allow these type banners. Councilman Hershey said he is
concerned about the commercialization of the banners with corporate
sponsorship listed on the banners. Ms. Gerdenich said there may be some
banners without sponsorship. Councilman Hershey agreed this is a unique
event.
Ms. Gerdenich pointed out the layout of the celebration site, which is in
front of the Wheeler Opera House. This site will have a Chevrolet and Coca
Cola tracks and appurtenances and will be in the public rights-of-way. The
trucks and the other things are not in accordance with the city's sign code.
Council must give permission for this. Councilman Hershey said this is an
event that can help promote Aspen and could draw visitors. Jennifer
Albright, ACRA, said the Torch runners have made an effort to come to
15
Regular Meeting Aspen City Council August 27, 2001
Aspen and it would behoove the community to make this a community
celebration. Approving the use of the banners is complying with the "look"
of the torch. It will be a great media opportunity.
Councilman Panlson moved to approve $10,000 supplemental budget
request for 2002 to support the Olympics Torch celebration including
allowing banners and trucks in the city's rights-of-way; seconded by
Councilman Hershey.
Councilman Paulson requested Council be kept updated on the Torch events.
Barwick pointed out if Council approves these types of requests, it will be
difficult to say no to the next group. Councilman Semrau said one thing nice
about Aspen is that it is not inundated with signs and advertising.
Councilman Semrau said he would support the budget request but not the
banners and advertising.
Councilmembers Paulson, Hershey and Mayor Klanderud in favor;
Councilmembers Semrau and McCabe opposed. Motion carried.
RESOLUTION #86, SERIES OF 2001 - Setting Ballot Questions
John Worcester, city attorney, pointed out this resolution puts the 3 Charter
Amendments as approved above on the November ballot.
Councilman Hershey moved to adopt Resolution #86, Series of 2001;
seconded by Councilman Paulson. All in favor, motion carried.
APPOINTMENTS TO WHEELER OPERA HOUSE BOARD
Councilman McCabe moved to nominate Debra Ayers and Pamela
Cunningham to the Wheeler Opera House Board; seconded by Councilman
Semrau. All in favor, motion carried.
Councilman Hershey moved to go into executive session to discuss
acquisition of property, C.R.S. 24-6-402(4)(a) at 9:40 p.m.; seconded by
Councilman McCabe. All in favor, motion carried.
Councilman Hershey moved to come out of executive session at 10:20 p.m.;
seconded by Councilman McCabe. All in favor, motion carried.
16
Regular Meeting Aspen CiW. Council August 27~ 2001
Councilman Hershey moved to adjourn at 10:20 p.m.; seconded by
Councilman McCabe. All in favor, motion carried.
Koch, City Clerk
17