HomeMy WebLinkAboutminutes.council.20020610Regular Meeting Aspen City Council June,10, 2002
SERVICE COMMENDATION - Steven Buett0W P&Z ..i ........ ii.ii ........ ".ii... 2
CITIZEN COMMENTS,...i.iiii .............. i.i ........ i.i.ii ................. ii ....... i ..... ........ 2
COUNCILMEMBER COMMENTS ,.. i...,, i,.,. i.. i. ii ...................................... 3
CONSENT CALENDAR ................................................................................ 5
[] Resolution #46, 2002 - Intergovernmental Agreement - RFTA Asset
Transfer ....................................................................................................... 5
[] Resolution #47, 2002 - Aspen Transit Service Agreement ................ 5
[] Resolution #48, 2002 - IGA/Pitkin County Sharing Transit Facilities
5
[3 Resolution #49, 2002 - Contract Purchase Toro Work Carts ............. 5
[] Resolution #50, 2002 - Contract Purchase Toro Bank Mower ........... 5
~ MEAN Reappointments - Phil Overeynder and David Cox ............... 5
~ Minutes - May 13, 2002 ..................................................... ~ ................ 5
RESOLUTION #5 I, 2002 - Support Continuation of AMTRAK .................. 6
FIRST READING OF ORDINANCES .......................................................... 6
[] Ordinance # 13, 2002 - Supplemental Appropriations ........................ 6
[] Ordinance # 17, 2002 ' Code Amendment - Growth Management ..... 6
ORDINANCE #15, SERIES OF 2002 - Section M Amendment/Aspen
Mountain PUD ,..} ........................................................................... ,.. ............. 8
ORDINANCE #16, SERIES OF ~002~ Galena street vacatiOn and Right-
of-Way ............. i .......... ".[ ........ . ........................ ............... ,., ................ ~ ........... 10
ROADLLESS LEGISLATION - Aspen Wilderness Workshop .................. 10
ORDINANCE #18, SERIES OF 2002 - Code Amendment Water Shortages
.............................................................................................. ~ ........................ I1
CATHOLIC CHARITIES FUNDING REQUEST ....................................... 12
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Regular Meeting Aspen City CoUncil June 10, 2002
MaYor Klanderud called the meeting to order at 5:00 p.m. w/th
Councilmembers Paulson, McCabe, Hershey and Semrau present.
SERVICE COMMENDATION- Steven BUettow P&Z
Mayor and Council presented Steven Buettow with a commendation and
recognition for his 8 years of service on the planning and zoning
commission.
CITIZEN COMMENTS
1. Connie Harvey told Council she is concerned about the state of city
property north of the Maroon Creek bridge. Backhoes and other equipment
have ravaged the valley bottom wetlands. Bob Lewis said the city has
totally destroyed the wetland underneath the Maroon Creek bridge. Steven
Ellsperman, parks department, told Council this project will create 7 acres of
wildlife habitat under the Maroon Creek bridge. The staff did 3 years of
biological inventory to confirm there were no threatened or endangered
species. The project will restOre the flora, create a beaver complex, include
4 open ponds and a potential trout spawning bed. Ellsperman told Council
staff worked with Truscott project to filter their storm water to make a
biofilter into this wetland. Ellsperman said June 29th there will be a
volunteer planting project in this area.
2. Barry Gordon told Council he has been working with the farmer's
market group to include a cooking demonstration in Conner park. The top
chefs of Aspen will do a demonstration weekly, they will ~se pr0ducts from
the farmer's market, this will be filmed by Grassroots TV, recipes will be
available, and there will be a Q&A. Council thanked Gordon for his effort.
3. Dale Paas, representing the Aspen Lodging Association, petitioned
Council to reconsider the 50% increase in the lodge parking permits. Paas
noted there have been some economically slow winters and this seems like
the last straw. Paas told Council the lodging assOciation has wOrked well
with the parking department but they would like this fee increase
reconsidered. Randy Ready, assistant city manager, told Council the fee
currently is $1.00 for 7 days for a lodging parking pass; the fee will go up to
$1.50 next week. Council said they are meeting with the lodging association
and the ACRA next week to discuss marketing. Council agreed to include
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Regular Meeting Aspen City cOuncil June 10, 2002
this topic on June 18th. Council instructed staff to hold off on the lodge
parking pass increase until after that meeting.
4. Kip Wheeler and Jon Busch, representing the Trolley group, reminded
Council two months ago they asked if they could raise funds to restore one
of the trolleys. The answer from the city was if they got the go ahead for a
trolley ballot question, yes they could raise those funds to restore a trolley.
Busch said the group has received permission to go ahead with the ballot
language. Mayor Klanderud said that direction was to wait until after the
June 3rd work session to see what Council had to say about the trolleys and
the ballot language. Mayor Klanderud noted the direction from that work
session was for the trolley proponents to draft ballot language to be brought
back to Council at a regular meeting. Councilman Hershey said the trolley
group has a go ahead for a ballot question as long as they meet the
requirements agreed upon at the work session. If the trolley group wants to
raise money and restore a trolley that is fine. Council agreed; this is at the
risk of the trolley group. Councilman Semrau stated Council is not
committed to a ballot question until they see the ballot language.
COUNCILMEMBER COMMENTS
1. Mayor Klanderud congratulated the Gentlemen of Aspen Rugby Club
for a exciting performance last weekend and for their 6th straight national
USA Rugby championship.
2. Councilman Hershey said if there is anything the city can do for the
city of Glenwood Springs, he hopes the city will do.
3. Councilman Hershey said on the ballot 2001, there was a question
written by the Friends of Marolt about the entrance to Aspen, which was
defeated 1259 to 644. Councilman Hershey said this question dealt with the
S-curve alignment and creating a roundabout at Cemetery Lane.
Councilman Hershey said he would be willing to support a question on the
entrance to Aspen that will be crafted by Council. Councilman Hershey
suggested a work session to word this ballot question.
4. Councilman Semrau commended the parks department for completing
the restroom facilities in Wagner Park on deadline.
5. Councilman McCabe, too, congratulated the Gentlemen of Aspen.
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Regular Meeting Aspen City Council June 10~ 2002
6. Councilman McCabe said the wildfire in Glenwood Springs is very
frightening and agreed Aspen should do anything they can to help.
7. Councilman Paulson cautioned everyone about using anything that
might start a fire, like barbecues at home, lawn mowers, weed eaters. When
it is such extreme fire danger, anything can be a potential problem.
8. Steve Barwick, city manager, said staff would like to discuss
emergency preparedness. Ed VanWalraven, fire marshal, told Council the
state of Colorado is under extreme fire danger. The governor has banned all
open fires, use and sale of fireworks, trash burning. VanWalraven said staff
has been working on a wild land/urban interface and there will be training
Thursday this week.
Mayor Klandemd said she would like the city to start thinking creatively
about ways other than fireworks to celebrate the Fourth of July and not to
allow any fireworks, professional or not.
VanWalraven told Council the Aspen Fire District sent 3 engines and 3
eight-man crews to help in Glenwood Springs with the Coal Seam fire.
Mayor Klanderud said citizens may not realize there are mutual aid
agreements in place for assistance throughout the valley. Councilman
McCabe asked about signing the city trails "No Smoking" and providing
trash pots with sand. Steven Ellsperman, parks department, told Council
staff has identified areas that are a larger hazard area within town and on the
edges of town. Ellsperman agreed signing these trails will raise the
awareness.
Councilman Paulson asked about the danger of exhaust from ATVs and
four-wheelers. Ellsperman noted that newer vehicles have arresters that do
not allow sparks; however, this could be a problem with vehicles not up to
code.
Loren Ryerson, police chief, told Council there is a Public Safety Council,
made up of all public safety agencies, that has been working for the past 15
years to define the Incident Command System to manage emergency
incidents. Ryerson said people from Pitkin County's ICS helped out in
Glenwood and gained invaluable experience. Ryerson said he has
confidence that ICS will work if Pitkin County has an emergency situation,
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Regular Meetin~ Aspen City Council June 10~ 2002
9. Councilman McCabe reported RWAPA met and approve a new
management contract with Mark Fuller and approved the budget.
10 Mayor Klandemd told Council the Obermeyer COWOP is a complex
and exciting project, which has financial ramifications for what the city
wants and the developer needs. There are issues of additional free market
space, little gains in the S/C/I space and just a replacement of affordable
housing. Mayor Klandemd noted there is a work session with the
Obermeyer team in July. It is important to get Council input before the
project goes a lot farther.
11. Councilman Semrau said the Housing Board is addressing the issue of
ownership recertification and the documents necessary to recertify.
12. Mayor Klanderud announced the next RFTA Board meeting in
Thursday, this week, 9 a.m. in Carbondale.
CONSENT CALENDAR
Councilman Hershey removed Resolution #51, Series of 2002, Support
Continuation of AMTRAK.
Councilman McCabe moved to approve the consem calendar as amended;
seconded by Councilman Paulson. The consent calendar is:
Resolution #46, 2002 - Intergovernmental Agreement - RFTA Asset
Transfer
[] Resolution #47, 2002 - Aspen Transit Service Agreement
Resolution #48, 2002 - IGA/Pitkin County Sharing Transit Facilities
[] Resolution #49, 2002 - Contract Purchase Toro Work Carts
[] Resolution #50, 2002 - Contract Purchase Toro Bank Mower
MEAN Reappomtments - Phil Overeynder and David Cox
Minutes - May 13, 2002
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Regular Meeting Aspen City Council June 10, 2002
All in favor, motion carried.
RESOLUTION #51, 2002 - Support Continuation of AMTRAK
Councilman Hershey noted passenger rail service has had stiff cOmpetition
from air travel for the last 50 years. Councilman Hershey said he does not
have a problem with this resolution; however, it does not address how poorly
AMTRAK has been run. Councilman Hershey said before the city urges
Congress to support AMTRAK, there should be something about
restructuring AMTRAK to make it a more efficient serVice.
Mayor Klanderud noted this resolution does not specifically mention
AMTRAK but urges Congress to provide funds to the continuation and
enhancement of inner city passenger rail service. Councilman Hershey said
if this were an efficient service, it WOuld be run by a private agency and
would be making money. Mayor Klanderud said highways and airlines are
subsidized by the federal government, and there is less money going to rail.
Mayor Klanderud said rail is another transportation link to bring visitors to
this Valley. Mayor Klanderud said if this resolution passes, she will send a
cover letter to each member of the Colorado Congressional delegation and
will include a paragraph about improving AMTRAK.
Councilman Paulson moved to approve Resolution #51, Series of 2002;
seconded by Councilman Semrau. Ail in fav°rl with the exception of
Councilmembers Hershey and McCabe. Motion carried.
John Krueger, transportation department, commended RFTA for continuing
bus service throughout the fire in Glenwood. By putting their emergency
into plan into action, they were able to provide service to everyone
throughout the valley.
FIRST READING OF ORDINANCES
ca Ordinance #13, 2002 - Supplemental Appropriations
~ Ordinance # 17, 2002 - Code Amendment - Growth Management
Councilman McCabe moved to read Ordinances #13 and 17, Series of 2002;
seconded by Councilman Semrau. All in favor, motion carried.
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RegUlar Meeting Aspen City Council , June 10, 2002
ORDINANCE NO. 13
Series ot'2002
AN ORDINANCE APPROPRIATING AN INCREASE IN GENERAL
FUNDED ASSET MANAGEMENT PLAN PROJECTS OF $363fi82; AN
INCREASE IN GENERAL FWD EXPENDIT~S OF $484,481; A
REDUCTION IN PARKS FUND EXPENDiTU~S ~F ($381,193); A
REDUCTION IN OPEN SPACE ACQUISITION FUND EXPENDIT~S
OF ($1,431,222); AN INCREASE IN THE PARKS CAPITAL PROJECTS
FUND EXPENDITURES OF $250,000; AN INCREASE IN THE
AFFORDABLE HOUSING / DAY CARE FUND EXPENDITURES OF
$775,685; AN INCREASE IN THE WHEELER OPERA HOUSE FUND
EXPENDITURES OF $4i,332; AN INCREASE IN THE REGIONAL
TRANSPORTATION / ACRA MARKETING FUND EXPENDiTUREs
OF $458,332; AN INCREASE IN THE PARKING
IMPROVEMENT/GARAGE FUND EXPENDITURES OF $15,157; A
REDUCTION IN THE WATER FUND EXPENDITURES OF
($1,631,143); AN INCREASE IN THE ELECTRIC FUND
EXPENDITURES OF $37,974; AN REDUCTION IN THE GOLF FUND
EXPENDITURES OF ($52,000); AN INCREASE IN THE
TRANSPORTATION/PARKING EXPENDITURES 0F$92i}500;
AND, AN INCREASE IN THE MAROLT HOUSING FUND
EXPENDITURES OF $84,5002
ORDINANCE NO. 17
(SERIES OF 2002)
AN ORDINANCE OF THE ASPEN CITY CO~CIL APPROVING TEXT
AMENDMENTS TO MUNICIPAL CODE SECTIONS 26.316, APPEALS,
AND 26.470, GROWTH MANAGEMENT QUOTA SYSTEM,
AMENDING THE REVIEW AUTHORITY OF THE CITY OF ASPEN
PLANNING AND ZONING COMMISSi°N TO IN~LuDE ALL GROWTH
MANAGEMENT QUOTA SYSTEM EXEMPTIONS THAT ARE
CURRENTLY REVIEWED BY THE J0~T CiTY OF ASPEN/PITKIN
COUNTY GROWTH MANAGEMENT COMMISSION, CiTY OF ASPEN,
PITKIN COUNTY, COLORADO.
Councilman McCabe moved to adopt Ordinances #13 and 17, Series of
2002, on first reading; seconded by Councilman Hershey. Roll call vote;
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Regular Meeting Aspen City Council June 10, 2002
Councilmembers Hershey, yes; Semrau, yes; Paulson, yes; McCabe, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #15, SERIES OF 2002 - Section M Amendment/Aspen
Mountain PUD
Joyce Ohlson, community development department, noted Section M of the
original PUD agreement outline dates for start, completion, certificates of
occupancy. There have been several amendments to Section M. This covers
3 projects; Grand Aspen, Top of Mill and the Bavarian Inn.
Ms. Ohlson noted that Lot 5, Grand Aspen, is in a lawsuit, which is
impacting the construction time. The Bavarian Inn PUD included a
remodeling of that structure. The applicants have decided to raze and
rebuild the existing Bavarian. The re-review through P&Z including some
site redesign will take time. These are the reasons for the Section M
amendments.
MS. Ohlson reminded Council the goal is to make sure the affordable
housing units are tied to the free market components of the Aspen Mountain
PUD. Ms. Ohlson noted staff requested building permit applications for Top
of Mill free market units are at the owner's discretion. These applications
need to be made no sooner than the issuance ora building permit for phase I
of the Bavarian Inn affordable housing project. Ms. Ohlson noted phase I is
9 affordable units, not the existing Inn, which is being held up. That is
phase II of Bavarian Inn. Ms. Ohlson recommended the applicants not make
application for the free market units until the 9 affordable housing units are
in progress. The applicants request this be "at time of submission of
building permit", not issuance ora building permit.
Ms. Ohlson pointed out a correction that should read "Lot 3 Top of Mill"
rather than Bavarian Inn affordable housing project. Councilman Semrau
asked about the change from CO to final inspection. Ms. Ohlson said the
chief building official recommended that change. Councilman Semrau
noted it is easier to get a final inspection than a CO.
Scott Writer, representing Four Peaks, told Council he understood this
change to be because a CO is something some buildings do not obtain.
~.,,, Writer said changing ~t ro CO is fine with him. Council agreed with CO.
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Regular Meeting Aspen City Council June 10, 2002
Writer reminded Council the Aspen Mountain PUD had housing mitigation
required and the Bavarian Im~ was housing mitigation not tied to Lot 3.
Writer told Council the applicants cannot apply for a building permit for Top
of Mill until there is an issuance of a building permit for the Bavarian.
Writer requested "issuance" be changed to "submittal" and adding a date of
June 24th. The submittal is the time when the applicant has completed all
their work. Councilman Semrau pointed out the Bavarian Inn qualifies for
affordable housing expedited process, which takes only 10 days to 2 weeks
for a building permit.
Mayor Klandemd opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
John Worcester, city attorney, told Council the applicant is entitled to an
amendment of the original PUD as long as the applicant shows that the
delays in timing were beyond their control. Writer said the reasons for the
delay in timing are those outlined in Fred Jarman's June l0th memorandum.
Councilman Hershey moved to adopt Ordinance #15, Series of 2002;
seconded by Councilman Semrau.
Councilman Paulson asked how the applicants plan to deal with the
neighbors on the change at the Bavarian. Writer said there will be a public
process. The neighbors will be contacted individually. Councilman Semrau
applauded the applicants for making the choice to tear down the Bavarian
rather than to remodel it. Council agreed the goal is to have the housing
built or in the process before the free market units get built. Writer proposed
to start with phase I of the Bavarian immediately.
Councilman Hershey amended his motion that 2(c) states "Top of Mill"
rather than the Bavarian Inn and that this be CO rather than final inspection;
seconded by Councilman Semrau. All in favor, motion carried.
Roll call vote; Councilmembers Semrau, yes; Hershey, yes; Paulson, yes;
McCabe, yes; Mayor Klanderud, yes. Motion carded.
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Regular Meeting Aspen Ci,ty Council June 10, 2002
ORDINANCE #!6, SERIES OF 2002 _ Galena street Vacation and Right~
of-Way
Chris Bendon, community development department, told Council this is the
last step in the property exchange with Pitkin County. Bendon showed
CounCil the properties, the exChanges, and the rights-of-way, The ordinance
affects the Galena street right-of-way and correCts the platting. There are no
proposed changes to the physical make up of the turnaround. The Pitkin
County Commissioners have reviewed and approved this.
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Councilman McCabe moved to adopt Ordinance #16, Series of 2002, on
second reading; seconded by Councilman Hershey. Roll call vote;
Councilmembers Hershey, yes; Semrau, yes; McCabe, yes; Paulson, yes;
Mayor Klanderud, yes. Motion carried.
ROADLLESS LEGISLATION- ASpen wilderness Workshop
Jamey Fidel, Aspen Wilderness Workshop, requested the city support
federal legislation, the National forest roadless area conservation act, to offer
protection for roadless areas. Fidel told Council about 58 million acres of
national forest will be protected Under this measure. Fidel told Council one
reason this was introduced bY the forest service is that there is a huge
backlog of maintenance of the existing forest service roads. This bill does
not decrease the ability to diminish fire hazards or to fight fires. Fidel said
tourism is important to Aspen's economy and the roadless areas are valuable
to tourists. Fidel mentioned that a survey by the ACRA found that 81% of
guests list their number I criteria in choosing a resort as scenery. Fidel said
when the city endorsed alternative D of the forest service plan, they
commented at that time, that roadless areas existing represent the most
important management opportunity on public lands. Fidel requested Council
send a letter of sUpport for this bill to the Colorado Congressional
delegation.
Councilman Hershey pointed out 7/8 of the land in Pitkin County is owned
by some government. Councilman Hershey said he discussed this bill with
Congressman Scott Mclnnis and read a letter of opposition from his office
into the record. Councilman Hershey said he does not support this request
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Regular Meeting Aspen City Council June 10~ 2002
and if it is paSsed, he does not want his name assoCiated with this support.
Mayor Klanderud asked to what extent this is consistent with the White
River Forest plan. Fidel said Wilderness WorkshOP is still analYzing the
3,000-page plan. Fidel told Council 6401000 aCres are inventoried as
roadless in the White River National FOrest. The forest service decided to
include 82,000 acres as wilderness area recommendations. Out of the
640,000, 370,000 acres are being termed as Group 3 management areas,
which alloWs for the highest amount of use and deterioration ofroadless area
characteristics.
Councilman Paulson said he supports this. Councilman Paulson said if 3%
of the state cannot be saved from consuming the whole earth, wilderness
may be a lost cause:
Councilman McCabe moved to support the substance of the letter; seconded
by Councilman Paulson. All in favor with the exception of Councilman
Hershey, motion carried.
ORDINANCE #18, SERIES OF 2002 - Code Amendment Water Shortages
Phil Overeynder, water department director, said this ordinance changes the
water shortage requirements in stages 1, 2, and 3. Staff is also requesting
Council declare a stage 1 drought separate from the ordinance. Overeynder
noted there is less water now than in 1977, the driest year to date. The peak
runoffin the Roaring fork river has been reached earlier and the peak
volumes are lower~ John Worcester, city attorney, told Council when they
declare a stage 1 water shortage, the temporary water rates go into effect.
These have to follow adoption of Ordinance #18.
Overeynder explained the current rate structure is based on
30,000/gallons/month. The rates in a stage 1 will go up after 12,750
gallons/month in a house with 1.7 ECUs. The first 12,750 gallons will be at
· the lower rate of $1.16; the rate goes up for any usage over 12,751 gallons.
Overeynder told Council, if there are excess revenues because of this
measure, staff will come back to Council with alternatives for spending this
money or crediting it back.
Councilman Hershey mOved to read Ordinance # 18, Series of 2002;
seconded bY CoUncilman Paulson. All in favor, motion carried.
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Regular Meeting Aspen City Council June 10, 2002
ORDINANCE #18
Series of 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPENI
COLORADO, AMENDING CHAPTER 25.28 OF THE CITY OF ASPEN
MUNICIPAL CODE, WATER SHORTAGES
Councilman Hershey moved to adopt Ordinance # 18, Series of 2002, on first
reading; seconded by Councilman Paulson. ROll call vote; CoUncilmembers
McCabe, yes; Semrau, yes; Paulson, yes; Hershey, yes; Mayor Klanderud,
yes. Motion carried.
CATHOLIC CHARITIES FUNDING REQUEST
Randy Ready, assistant city manager, reminded Council they discussed this
funding request at a work session in April. $4100 of funding was set aside
for Asistencio para Latinos, which is now dormant. Catholic Charities has
requested this fimding as they are filling the same purpose of Asistencio.
Tom Ziemann, Catholic Charities, told Council they have hired an attorney
to provide immigration assistance. Pitkin and Garfield counties have given
funding.
Councilman Paulson said he is concerned about spending city money on
family planning or illegal immigration. There is a problem with over-
population in the United States and the country should be changing its
immigration policy. Councilman Hershey said there is a responsibility to
help the people who are here and living in this valley. Michael McGarry
said the city has not vetted Catholic Charities. McGarry said Catholic
Charities does not have a reputation for being fiscally responsible. McGarry
said no taxpayer money should be given to this organization.
Councilman Hershey moved to away $4100 community service grant to
Catholic Charities in lieu of Asistencio Para Latinos; seconded by
Councilman Semrau.
Councilman Semrau said this is not about immigration. This is about
helping people who are living in this valley. Councilman Semrau said he
feels this money is money well spent.
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Regular Meetin~ Aspen Ci.ty Council June 10, 2002
Councilman Semrau moved to call the question; seconded by Councilman
Hershey. All in favor, with the exception of Councilman Paulson. Motion
carded.
All in favor, with the exception of Councilmembers McCabe and Paulson.
Motion carried.
Councilman Hershey moved to adjourn at 7:50 p.m.; seconded by
CounCilman Semrau. All in favor, motion carded.
S. Koch, City Clerk
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