HomeMy WebLinkAboutminutes.council.20021015Regular Meetin~ Aspen City Council October 15, 2002
CITIZEN COMMENTS .................................................................................. 2
_COUNCILMEMBER_ COMMENTS .................... w ....................................... 3
CONSENT CALENDAR ...... i .................................. 2 ...................................... 4
[] Resolution #91, 2002 - Mill Street Well contract .............................. 5
[] Resolution #93, 2002 - 2003 CIRSA - Property casualty insurance. 5
[] Resolution #94, 2003 - Galena Street Stop Light contract ................. 5
[] Resolution #95, 2003 - Funding request renewable energy mitigation
5
[] Resolution #96, 2003 - Authorization to Stipulate to Adverse
Possession Claim in Young v Budinger .................................................... 5
[] Resolution #97, 2003 - Castle Creek Head Gate Modification .......... 5
[] Aspen Mass Trail - Pitkin County Public Works ............................... 5
[] Minutes - September 9, 23, 2002 ........................................................ 5
RESOLUTION #92, 2002 - Terminating stage 1 drought declaration and
water rate surcharge ........................................................................................ 5
ORDINANCES #35, SERIES OF 2002 - Code Amendment Construction
Sites ...... , .......................................................................................................... 5
ORDINANCE #21, SERIES OF 2002 - Code Amendment Timeshare
Regulations ...................................................................................................... 8
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Regular Meeting Aspen City Council October 15, 2002
Mayor Klandemd called the meeting to order at 5:00 p.m. with
Councilmembers Paulson, Hershey, Semrau and McCabe present.
CITIZEN COMMENTS
1. Emzy Veazy III told Council the rail link between Aspen and
Glenwood Springs should be supported by the city. Rail is good for people
in business and the federal government encourages the development of new
small railways to spur economic development. Veazy congratulated two
Aspen architectural firms, Studio B and Willis Pember & Associates; each
won 2 awards at the Western Slope architectural gala. Veazy extended
thanks to Grassroots TV. Veazy suggested the city investigate a P.E.G.
programming tax on cable television bills.
2. David Guthrie said there are references to votes on the entrance to
Aspen that did not happen. Guthrie quoted from the District Court order
denying a temporary restraining order, "It is undisputed that in November
1996 the voters approved the preferred ballot question authorizing the city to
convey to CDOT necessary rights-of-way across city-owned property for a
two-lane parkway and a corridor for a light rail system. The city later
entered into a memorandum of understanding with CDOT and the federal
highwaY ad~inistrati°fi t° memorialize Certain agreement's concerning
construction of state highway 82 into Aspen". Guthrie pointed out the
alternative of the Friends of Marolt is 3 roundabouts; 7TM and Main, Hallam
and Highway 82 and Cemetery Lane.
3. Larry Winnerman suggested the parking on the north side of Main
street in front of US Bank be restored to public parking rather than be
reserved for law enforcement vehicles due to construction. Richard Pryor,
Assistant Police chief, said the signs should have been removed today and
the parking is available to the public.
4. Toni Kronberg asked if the city has taken any steps to be ready for a
terrorist attack as happened recently in Bali, which is also a highly visible
resort. Steve Barwick, city manager, said the city is working on a formal
emergency response plan. Ms. Kronberg said at a workshop on the
recreation budget, the revenue for swimming lessons was listed at
$24,000/year. Ms. Kronberg said this should probably be $24,000/month.
MS~ ~onberg said the revenue should be listed correctly so that the program
W6rkS. Ms. Kronberg t01d council She is WOrking on a sWimming pool in
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Regular Meeting Aspen Ci~, Council October 15, 2002
town and she needs to show that pools can make money. Ms. Kronberg
thanked the county for paving the shoulders of Maroon Creek road. The
only two phases left from the 1999 parks bond are the bridge going across
Maroon creek and the bridge from the high school to the pool. Once these
two bridges are in place, everything will be accomplished from that bond.
Ms. Kronberg requested there be places to hang up towels when the
swimming pool has its opening.
5. Lorrie Wiunerman said there is an aggressive move on CounciPs part
to build more affordable housing. Ms. Winnerman noted jobs are way down
and the number of cars coming into town is way low. Ms. Winnerman said
with the projection of 1,000 more bedroOms, she is concerned about the
school size and the availability of needs created for a village of another
1,000.
COUNCILMEMBER COMMENTS
1. Councilman Semrau noted Councilman Paulson stated that the model
of the entrance to Aspen does not contain all features. Councilman Semrau
asked what features are missing. The city should get the model corrected.
Councilman Paulson said he will get together with Randy Ready and work
to cOrrect this.
2. Steve Barwick, city manager, reminded Council of the lighting
experiment on the Cooper Avenue mall Thursday.
3. Steve Barwick, city manager, requested an executive session at the
end of the meeting.
4. Mayor Klanderud asked about the trees in the mall proposed to be
destroyed. Steve Barwick, city manager, said he will have the parks
department report to Council on this; several trees are diseased.
5. Councilman Hershey reported he has been to a Council of
Governments Water quality/quantity committee meeting. Phil Overeynder,
water department, told Council in the 2003 session, there will be over 100
bills in the state legislature dealing with water. The QQ Committee is trying
to develop a policy program in concert with the Colorado River Water
Conservation District, Club 20 and Western ColoradoCongress. The idea is
to get all rural counties and cOmmunities to take a common position on
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Regular Meeting Aspen City Council October 15, 2002
water issues. Overeynder said some of the issues not agreed upon are a link
between the availability of supply and approval of new growth, particularly
in the front range. Second, a new principle that emphasizes the need for
storage and for agricultural storage, QQ feels exclusively focusing on water
storage is not the solution to water problems. Third issue are strategies to
protect agriculture users on the western slope rather than a broader range of
raw water users. QQ is working to keep everyone together and to include all
these issues.
6. Councilman McCabe reported Burlingame Housing Inc., the joint
venture between the city and the MAA, met in September to review the
budget, which is in good shape. Councilman McCabe said there is enough
money to paint some of the buildings. The number of renters in September
was very low.
7. Mayor Klanderud reported the RFTA Board, with her dissension,
voted to charge $ I for Aspen to Airport bus segment. Mayor Klanderud said
there may be mitigation fimds from developments along this segment that
could pay for the bus service. The EOTC may consider providing the
subsidy. Mayor Klandemd said Council may consider funding this segment
of the RFTA servige or try to persuade RFTA to change their vote. Mayor
Klanderud said she feels strongly this se~ice should be seamless with the
rest of the city free bus service.
CONSENT CALENDAR
Mayor Klanderud requested Resolution #92, Terminating Stage 1 drought,
be pulled from the consent calendar. Councilman Paulson she he has
received calls from concerned neighbors about the noise with the Mill Street
well. Phil Overeynder, water department, told Council after the
construction, this well will only be operated intermittently. The well has
been operated in the past with no noise complaints.
Councilman Hershey moved to adopt the consent calendar as amended;
seconded by Councilman Semrau. The consent calendar is:
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Regular Meeting Aspen City Council October 15, 2002
ca Resolution #91, 2002 - Mill Street Well contract
a ReSolUtiOn #93, 2002 - 2003 CIRSA z proPe~ casualty insurance
ca Resolution #94, 2003 - Galena Street Stop Light contract
= Resolution #95, 2003 - Funding request renewable energy mitigation
ca Resolution #96, 2003 - AuthorizatiOn to Stipulate to Adverse Possession
Claim in Young v Budinger
= Resolution #97, 2003 ± Castle Creek Head Gate Modification
a Aspen Mass Trail - Pitkin County Public Works
c~ Minutes - September 9, 23, 2002
All in favor, motion carried.
RESOLUTION #92~ 2002 - Terminating stage 1 drought declaration and
water rate surcharge
Phil Overeynder, water department, said this resolution ends October 3 1st the
higher fee structure for customers who used over a certain amount of water.
Mayor Klanderud asked about the refunds. Overeynder said staffwill come
back at a future meeting with more details. Mayor Klanderud asked about
the billing cycle and the two different rates. Overeynder said this will not
cause the same problem as at the beginning of the increased rates because
people will be billed less.
Councilman McCabe moved to approve Resolution #92, Series of 2002;
seconded by Councilman Hershey. All in favor, motion carried.
ORDINANCES #35~ SERIES OF 2002 - Code Amendment Construction
Sites
Stephen Kanipe, chief building official, reminded Council there was a large
construction fire last fall. This code amendment is a result of staff Work to
improve safety of construction sites including parking and fire protection.
Kanipe told Council each construction site and staging area will have a
Regular Meeting Aspen Cit~ Council October 15~ 2002
parking plan to include emergency vehicle access. This is only required for
residential construction sites 9ver 1500 square feet, commercial, and multi-
family structures.
The fire prevention section adds a requirement for monitored heat and
smoke alarm systems and a safety valve for the propane temporary heat
systems. Kanipe said community development department sent out packets
of the proposed code amendment with explanations. Staffreceived
comments from 3 citizens and has tried to answer their issues. Kanipe
explained the free flow valve is a shutoff valve in case the rubber hose
breeches in a fire. Kanipe pointed out the fire marshal has the authority in
this ordinance to accept a reasonable alternative.
Ed VanWalraven, fire marshal, said the propane industry is looking into re-
introducing these free flow valves. Councilman Semrau asked if these valves
will be available locally when the ordinance takes effect. Van Walraven
said he does not know. Mayor Klanderud asked if there are alternatives to
the shutoffvalve. Kanipe said there are alternatives in the ordinance.
Councilman Semrau noted the ordinance states a free flow shutoff valve
shall be required on all tanks; them is no alternative. Councilman Semrau
said this requirement should be deleted until the shutoff valves are available.
Councilman Semrau ask how staff suggests these lines can be encased. Van
Walraven told Council he put together a checklist and if propane is used,
there can be fire retardant sleeves, excess flow valves can be used, or the
system can be monitored. Councilman Semrau said the ordinance needs to
be amended to allow any one of these or an alternative acceptable to the fire
marshal. Councilman Semrau asked the staff implications for having this
reviewed by the fire marshal. Van Walraven said this should not be
extensive and should be able to mm these approvals over in one week.
Mayor Klanderud opened the public hearing.
Larry Winnerman said he appreciates the concern about fires in buildings
under construction. Winnerman said permanent piping to a construction site
is a difficult burden. Winnerman said he feels this ordinance will create
additional bureaucracy, additional burdens on builders, additional cost.
Winnerman suggested an educational program rather than this open-ended,
expensive ordinance.
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Regular Meeting Aspen City Council October 15, 2002
Tom Marshall pointed out the parking plan requirement adds two more steps
to the already onerous permitting process. Marshall said a construction site
has many sub-contractors, all needing parking at different times. Marshall
said this plan is cumbersome and not needed. Marshall said the shutoff
valves, if available and ifUL approved, is a great idea. Protecting a UL
listed hose is goes beyond what is necessary.
Dottie Kelleher urged Council to pass this ordinance as this precautions are
necessary.
Tim Ware, parking department, said his department will do a site inspection
with the contractor and will set aside spaces for that site. The contractor will
manage these spaces during construction. Service vehicles will be exempt if
they have a service permit. This only applies to residential areas. The goal
is to keep these areas open for fire and emergency access. The city will have
a code enforcement officer to do this.
Mayor Klanderud closed the public hearing.
Kanipe told Council his department will have the ability to red tag
construction sites that are not in compliance with their parking plan or fire
protection.
Councilman Semrau moved to adopt Ordinance #36, Series of 2002,
amending Section 2 to read:
1. Signaling devices capable of detecting dangerous levels of heat
and/or smoke and capable of notifying a qualified party with responsibility
to monitor the site and respond to the alarm and take appropriate actions.
2. As an alternate, an approved fire watch plan and schedule may
be substituted for the alarm requirement.
3. Associated supply lines shall be protected from flame or heat
impingement resulting in failure of the appliance or supply hoses resulting in
free flow of volatile fuel into the atmosphere and/or fire situation:
4. A free flow shut-off valve shall be required on all propane tanks
supplying temporary heat systems; or
5. Any other plan acceptable to the Fire Marshal; seconded by
Councilman Paulson.
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Regular Meeting Aspen City Council October 15, 2002
Councilman McCabe suggested an amendment that this ordinance take
effect November 1 st in order to give existing construction sites the ability to
come into compliance.
Councilman Semrau accepted that amendment; Councilman Paulson
seconded. Roll call vote; Councilmembers McCabe, yes; Hershey, yes;
Semrau, yes; Paulson, yes; Mayor Klanderud, yes. Motion carded.
Councilman McCabe moved to continue Ordinance #35, Series of 2002, to
October 28th; seconded by Councilman Semrau. All in favor, motion
carded.
ORDINANCE #21, SERIES OF 2002 - Code Amendment Timeshare
Regulations
Joyce Ohlson, community development department, told Council staff has
been researching the financial implications of timeshare to the community.
Staff feels timeshare is a good thing to infuse cash into existing lodges;
timeshare is a new product that will help with the vitality of lodges. These
regulations are focused on trying to achieve these goals. Ms. Ohlson said
because timeshare are ownership units, they will not generate sales tax as
lodges currently do. There will be rental and sales tax income from
timeshare units when they are rented to other than owners.
Ms. Ohlson told Council staff researched impact fees and found a special
impact fee cannot be imposed on timeshare. Ms. Ohlson pointed out there is
a review standard, financial impact analysis and mitigation. For conversion
of a lodge to timeshare, the applicant must do an analysis of their financial
impacts from sales tax, real estate transfer tax, and property tax perspective
and put these into an overall evaluation. This study will demonstrate the
bottom line of the applicant's project and a proposed mitigation for their
project. Ms. Ohlson said staff is continuing to look at mechanisms for new
timeshare developments. Ms. Ohlson said this code amendment is a major
overhaul of the current timeshare regulations.
Alan Richman pointed out changes since Council last saw this ordinance.
The SKI base zone was added to allow timeshare as a permitted use.
Richman reminded Council staff has been addressing "contents of the
application" throughout the process trying to make it clear that detail
documents are only required atthe end °fthe process and conceptual
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Regular Meeting Aspen City Council October 15, 2002
documents at conceptual stage. Richman suggested adding in 26.590.050,
"for projects that require both conceptual and final review, it is expected that
this information will be provided in a preliminary manner at the conceptual
stage and in a detailed manner in the final stage".
Richman reminded Council they questioned "recreational facilities" and
asked that this be more specific. Richman pointed out where this is
elucidated and that the extent of the facilities should be proportional to the
size of the facility. Richman noted this ordinance requires the applicant file
disclosure statement and timeshare development interests. If these are
amended, the ordinance requests these be submitted to the city again.
Richman said disclosure records can be amended for very minor details so it
is suggested the language be changed to "no amendment, which shall
significantly alter the physical elements or operation practices of the
timeshare lodge, shall be effective unless approved by the city". This will
eliminate the requirement that any change to the disclosure statement has to
come to the city; this will only reqmre when the applicants are changing a
physical element or operational practice.
Richman suggested another language change, "conveyance of a timeshare
interest shall be subject to condominium declarations which shall include the
disclosure statement as an exhibit thereto".
Councilman McCabe suggested staff needs to develop the financial criteria
for new timeshare projects as quickly as possible. Steve Barwick, city
manager, pointed out there is a model with the recently approved Grand
Aspen to which the staff applied rigid criteria. This should be followed up
to see what happens with timeshare projects in Aspen. Councilman McCabe
noted the city does not have any recourse after the timeshare units have been
sold and the financial shortfall should be identified as Soon as possible.
Mayor Klanderud opened the public hearing.
Gideon Kaufman pointed out in the sales tax section, there is language
stating, "the manager of the association shall be responsible for the timely
collection of the city's sales tax". Kaufrnan said a manager should be
responsible for sales tax that he is aware of but not for rentals not done
through the associationl Kaufman said it may be difficult to hire managers
with this type of responsibility. John Worcester, city attorney, stated he
Preferred to retain this language so the city has a contact and a person to
Regular Meeting Aspen City Council October 15, 2002
hold responsible. Kaufman suggested adding to the language to state that
when a unit is rented through that association or a central reservations
system, the manager canbe held responsible or that the manager shall have a
good faith obligation to try and collect sales tax. Council agreed to add that
the manager shall be responsible "for rentals made through the association or
a reservation system. The manager shall notify individual estate owners that
they are responsible for the payment of sales tax to the city for units rented
on a private basis".
Mayor Klanderud closed the public hearing.
Councilman Hershey moved to adopt Ordinance #21, Series of 2002, on
second reading with the changes outlined above; seconded by Councilman
Paulson. Roll call vote; CoUncilmembers Pauls°n, yes; Hershey, yes;
McCabe, yes; Semrau, yes; Mayor Klanderud, yes. Motion carded.
Councilman Hershey asked for an update on the Cemetery Lane project.
Steve Barwick, city manager, told Council Elam will start paving this week.
Councilman Hershey moved to go into executive session at 8:00
pursuant to C.R.S. 24-6-402(4)(a), acquisition of real property, and 24-6-
402(4)(b), advice from counsel; Seconded by Councilman Semrau. All in
favor, motion carded.
Councilman Hershey moved to come out of executive session at 8:30 p.m.;
seconded by Councilman Paulson. All in favor, motion carried.
Councilman Hershey moved to adjourn at 8:30 p.m.; seconded by
Councilman Semrau. All in favor, motion carded.
K/~~at $~K
och, City Clerk
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