HomeMy WebLinkAboutminutes.council.20030210Regular Meeting Aspen City Council February 10, 2003
OUTSTANDING EMPLOYEE BONUS AWARDS ........................................... 2
APPRECIATION AWARD ........................................................................................ 2
CITIZEN PARTICIPATION ...................................................................................... 2
COUNCILMEMBER COMMENTS ........................................................................ 3
CONSENT CALENDAR ............................................................................................ 4
· Resolution g5, 2003 - Sale Contract "Old Pro Shop" to Aspen Junior Golf. ......... 4
· Resolution #9, 2003 - Opposition to Senate Bill 03-154 ....................................... 4
· Resolution gl0, 2003 - Zoline Second Amendment to Pre-annexation agreement 4
· Resolution #11, 2003 - CMAQ Grant Spending Authority ................................ 4
· Minutes - January. 13, 27, 2003 .............................................................................. 4
FIRST READING OF ORDINANCES ................................................................... 4
· Ordinance g 11, 2003 - Code Amendment - Noise ................................................ 4
· Ordinance gl2. 2003 - Wheeler Fees ...................................................................... 4
· Ordinance gl 3, 2003 - Maroon Creek Road Annexation Zoning .......................... 4
EXPANSION OF FARMER'S MARKET .............................................................. 5
ORDINANCE #4, SERIES OF 2003 - Qwest Annexation ................................. 8
ORDINANCE #9, SERIES OF 2003 Efficient Building Regulations .......... 8
ORDINANCE #I0, SERIES OF 2003 - Code Amendment - Energy
Conservation Code ......................................................................................................... 8
THE RESIDENCES AT THE LITTLE NELL .................................................... 10
ARC/ICE GARDEN OPERATIONAL LEVELS DISCUSSION .................. 10
Regular Meeting Aspen City Council February 10, 2003
Mayor Klanderud called the meeting to order at 5:00 p.m. with
Councilmembers Paulson, McCabe, Hershey and Semrau present.
OUTSTANDING EMPLOYEE BONUS AWARDS
Mayor and Council presented outstanding employee bonus awards to Amy
Fustanio, Kid's First; Martha Horan, Wheeler Opera House; Eric Ross,
Brian Nichols and Rick Magnuson, Police Department; Chris Bendon,
Community Development Department; Ruth Kinney, IS; Denise Driscoll
and Stephen Kanipe, Community Development Deparm~ent.
APPRECIATION AWARD
Council presented the SPARC funding raising team with an appreciation
award for their fund raising efforts for the ice facility at the Aspen
Recreation Center. Scott Writer, L.J. Erspamer, Matt Vickers and Ernie
Fyrwald along with Lisa Bodek, Beth Blackmer, and were the driving forces
for raising $8.6 million for the ice facility.
CITIZEN PARTICIPATION
1. Katie Campbell, Eclipse TV Productions, told Council they are
putting on the Jeep King of the Mountain pro races on Aspen Mountain
February 21 and 22. The final race will be Saturday on Little Nell at 6 p.m.
with an awards ceremony to follow at 7:30 p.m. This will be followed by a
concert in the gondola plaza at 8 p.m. and fireworks at 8:45 p.m. Ms.
Campbell told Council they went through special event review. They are
asking for a noise variance to 10 p.m. in case things run late. The special
events committee cannot grant a variance to 10 p.m. Ms. Campbell told
Council she has notified all the neighbors. The Aspen Alps requests the
P.A. system be shut off at 9:15 p.m. The North of Nell did not sign the
letter. Joe Raczak, North of Nell, told Council they are not opposed to
activity in the gondola plaza or the fireworks; however, they do object to a
truck right behind their building running for 8 hours. Raczak said he also
has safety concerns about a truck being parked in the right of way. Ms.
Campbell told Council they are looking for an alternate power source and
will work with the neighbors.
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Regular Meeting Aspen City Council February 10~ 2003
Mayor Klanderud moved to approve this noise request as long as the issues
with the North of Nell Can be worked out; seconded by Councilman
Hershey. All in favor, motion carried.
2. Emzy Veazy III suggested Council look into flag protocol and when a
flag should be flown at half-mast. Veazy said defending the U.S. flag would
do wonders for Aspen's present economic state. Veazy showed a chart of
the old ASpen economy and what adVanCed knowledge and technology will
do for a new economy.
3. Andrew Kole said Council should look seriously at the offer for
sponsorship of the clock in Wagner Park. Kole said there may be money
behind giving some company the right to have'their name on the clock. This
would allow the city to get some money to hire a special events coordinator
and to find out of there is value for the clock.
4. Toni Kronberg said it is a good thing the city is trying to help
revitalize Aspen; however, thiS needs to be done responsibly. Council met
last week on substance abuse and underage drinking. Ms. Kronberg said one
of the reasons kids were getting in trouble is the lack of things to do. Ms.
Kronberg said it is important Council direct policy whether this is a law
enforcement issue or a health issue.
5. Torre passed out a recycling survey to try and get citizens focused on
where and how to recycle. Mayor Klanderud said there will be more
discussions about recycling as the Obermeyer COWOP goes forward.
COUNCILMEMBER COMMENTS
1. Councilman Paulson said he would like Council to reconsider their
decision not to allow free parking for hybrid vehicles. Council agreed to
revisit this in the future.
2. Councilman McCabe said the X'games were a big success and
brought a lot of people to town. Mayor Klanderud agreed and thanked all
city, county and RFTA employees who worked so hard to make this happen.
3. City Manager Steve Barwick requested Council add an executive
session to discuss property acquisition to the end of the agenda.
Regular Meeting Aspen City Council February 10~ 2003
4. Mayor Klanderud reminded everyone RFTA is having a public
heating February 13th at 6:30 p.m. in E1 Jebel to discuss the addition ora $10
vehicle registration fee to help fund RFTA improvements. Mayor
Klanderud said RFTA is also going to discuss advertising on buses and she
would like Council's comments. Mayor Klanderud said the city's zoning
officer feels this is against the city's sign code. Mayor Klanderud said she
feels signs on the outside of buses will change the character of Aspen and
will be out of scale. Councilman Semrau agreed Aspen should do whatever
they can to be a refuge from commercialism.
CONSENT CALENDAR
Councilman Hershey moved to approve the consent calendar; seconded by
Councilman McCabe. The consent calendar is:
Resolution #5, 2003 - Sale Contract "Old Pro Shop" to Aspen Junior
Golf
Resolution #9, 2003 - Opposition to Senate Bill 03-154
· Resolution #10, 2003 - Zoline Second Amendment to Pre-annexation
agreement
· Resolution #11, 2003 - CMAQ Grant Spending Authority
· Minutes - January 13, 27, 2003
All in favor, motion carried.
FIRST READING OF ORDINANCES
Ordinance #11, 2003 - Code Amendment - Noise
· Ordinance #12, 2003 - Wheeler Fees
· Ordinance # 13, 2003 - Maroon Creek Road Annexation Zoning
Councilman Hershey moved to read Ordinances # 11,12,13, Series of 2003;
seconded by Councilman McCabe~ All in favor, motion carried.
Ordinance NO 11
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Regular Meeting Aspen City Council February 10~ 2003
(Series 2003)
AN ORDINANCE AMENDING CHAPTER 18.04, NOISE ABATEMENT,
OF THE MUNICIPAL CODE OF THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO
ORDINANCE NO. 12
Series of 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 2.12.045 OF THE MUNICIPAL
CODE OF THE CITY OF ASPEN TO AMEND FEES RELATING TO THE
USE OF THE WHEELER OPERA HOUSE.
ORDINANCE N0. 13
(SERIES OF 2003)
A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
THE PROPOSED ZONING OF ANNEXATION PXRCELS A-E OF THE
MAROON CREEK ROAD ANNEXATION TO THE PUB (P~i~IC) ZONE
DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Were read by the city clerk
Councilman Semrau moved to adopt Ordinances # 11, 12, and 13, Series of
2003, on first reading; seconded by Councilman Hershey. Roll call vote:
Semrau, yes; Paulson, yes; McCabe, yes; Hershey, yes; Mayor Klanderud,
yes. Motion carried
EXPANSION OF FARMER'S MARKET
Bill Dinsmoor, Charles Kennedy, Jon Busch, and Andrew Kole, representing
the Commercial Core and Lodging Commission, requested the farmer's
market be expanded to include the 200 block of South Hunter street.
Dinsmoor explained the 500 block of East Hopkins is full with the farmer's
stalls. Last summer there were crafts and cooking demonstrations in Connor
Park. The CCLC recommends that crafts booths be moved to South Hunter
and that the park be used only for cooking demonstrations. This would give
the craft vendors more exposure and more room.
Mayor Klanderud opened the public hearing.
Regular Meeting Aspen City Council February 10, 2003
Joann Walpole told Council she had a booth in the park last year. The crafts
part of the Saturday market was fantastic. Ms. Walpole said she does not
see a downside to this proposal. Patty Ward said shop owners commit to
Aspen by paying rent, paying employees and paying taxes. Shop owners
support the arts and the Red Brick building. Ms. Ward said allowing people
to come in and drain business from merchants is slapping those merchants in
the face. Ms. Ward said Council should think carefully about this, think
about who is paying taxes and paying the salaries of employees.
Emzy Veazy said he has been exposed to farmer's markets all over Southern
California. Veazy said these type of markets attract and stimulate business,
otherwise they would have not been allowed to continue. Claudia
Cunningham told Council she sold hats at the market last year. Ms.
Cunningham said this market gave her an opportunity to produce and to sell
items that would not sell in retail shoPs throughout Aspen.
Becky Dumeresque, Chequers, said the format of the market last year was
wonderful. It is important to give local artists an opportunity to show their
wares; however, the pie is only so big. There is a dWindling market.
Council should carefully consider those business people whO are here 365
days a year and to consider what this expansion would do to those
businesses.
Father O'Brien, St. Mary's Church, said he enjoyed last Year's market. He
has two concerns. One is the noise from bands. The Church has many
weddings Saturday afternoons and they Should not have to compete against
the noise from bands at the market. AlSo, last year the Church spent $1,000
to clean out their plumbing because of overuse. Father O'Brien encouraged
Council to make other arrangements for restrooms facilities. Toni Kronberg
stated she supports the farmer's market as it supports the goals of the AACP.
Mayor Klanderud closed the public heating. Mayor Klandernd read into the
record a letter FAXed to her againsl expansion of this market.
Jon Busch told Council when CCLC interviewed the prospective vendors for
last year; they tried to select wares that would not be in competition with
local businesses. Councilman Semrau said this is difficult to define and to
control. Councilman Semrau noted the past few years have been difficult for
local businesses. Councilman Semrau said he would like to wait one more
season to see what is happening with the general economy before expanding
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Regular Meeting Aspen City Council February 10, 2003
the retail part of the Saturday market. Busch pointed out the type of
merchandise told at the Saturday Market is not the kind of merchandise
being sold in Aspen stores. Councilman McCabe said that is making an
assumption about the merchandise in stores. Councilman McCabe said there
would probably be overlap in merchandise.
Mayor Klandemd said she would be more comfortable if this were as it was
last year. Mayor Klanderud noted the farmer's market itself is a huge
success. Mayor Klanderud said there may be a way to have more booths on
Hopkins Avenue. Busch told Council the farmer's have a 5-year vending
license and they arrange the booths on Hopkins Avenue. Councilman
McCabe said local businesses have concerns and Council has a duty to be
careful on what they approve. Councilman McCabe noted that property
taxes for businesses are 3 times than that of residences. Businesses are
paying a huge burden and are at a competitive disadvantage to someone with
no overhead.
Councilman Paulson strongly favors the expansion. Councilman Paulson
said the Saturday market brings people into to town. Councilman Semrau
said he hesitates to take a chance this summer as ~t may push some shops
over the edge. Councilman Semrau suggested continuing this item to give
CCLC a chance to get the feel of the entire business community.
Councilman Hershey agreed he would love to hear from the ACRA and their
business members. Councilman Hershey said ifCCLC can come up with a
plan to address the "direct competition" issue, he would like to hear that,
too. Councilman McCabe suggested a kiosk in the farmer's market that
local businesses could put in cards or brochures describing their location and
products.
Dinsmoor said if the largest concern is no direct competition, that is what the
CCLC addresses when they review each and every vendor. Dinsmoor
agreed "direct competition" is a moving target. Mayor Klanderud said she
does not think town needs 40 craft vendors. The size and scope last year
was good.
Councilman Hershey moved to continue this item to March 10th; seconded
by Councilman Paulson.
Councilman Semrau directed the CCLC to work on trying to get more
information to convince Council to support this expansion. Mayor
Regular Meeting Aspen City Council February 10, 2003
Klandemd said she would prefer CCLC figure out how to make the Saturday
market work in the existing space or to show Council the benefits of the
Saturday market to thc community. Andrew Kole said he does not know
how to measure the benefits of the market to the community. Councilman
McCabc agreed Council is trying to strike a balance between the retail
community and the vitality of the market.
All in favor, motion carried.
ORDINANCE #4, SERIES OF 2003 - Qwest Annexation
Jotm Worcester, city attorney, reminded Council this parcel is adjacent to
Burlingame just purchased by the city from Qwest.
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed thc public hearing.
Councilman McCabe moved to adopt Ordinance #4, Series of 2003, on
second reading; seconded by Councilman Panlson. Roll call vote:
Councilmembers Paulson, yes; McCabe, yes; Mayor Klanderud, yes,
Motion carried.
ORDINANCE #9, SERIES OF 2003 Efficient Building Regulations
ORDINANCE #10, SERIES OF 2003 - Code Amendment - Energy
Conservation Code
Stephen Kanipe, building department, told Council many people in the green
building community have worked on this for several vears. Dan Richardson,
Sustainable Design Concepts, has worked with CORE, on the resource guide
and on developing the checklist. Kanipe noted the city's renewable energy
mitigation plan is a model program. Kanipe said staff introduced Council to
the green building program in 2001. Since that time, there have been work
sessions with Council and last year the building department started a 6-
month thai program for local contractors. Kanipe said the reason for this
type of program is that a typical house requires 1 acre of forest to build and
generates 4 pounds of waste per finished square foot. A typical house
foundation generates 20,000 pounds of CO2. Kanipe said the future must
rely on a healthy workforce, healthy living environment and productive
society to be successful.
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Regular Meeting Aspen City Council February 10, 2003
Dan Richardson told Council staff researched other programs and chose to
model this after Boulder's green building program. Last summer staff'used
a checklist for builders to gauge how this would work and last fall there
were public session with builders. Richardson pointed out this will dovetail
with the existing building and energy codes. Bigger houses will require
more pomts. There are mandatory point requirements, covering issues like
safety. For the most part, a contractor signing the checklist indicates
compliance with the codes.
Councilman Semrau reminded Council this issue came up when Council
discussed repealing the FAR cap on houses. The reason there was a cap on
floor area is that no one like how much energy large houses use.
Councilman Semrau applauded staff for the extra ume and research and this
is a much better program for it. Mayor Klanderud asked why multi-family
houses are not part of this program. Kanipe said that would require another
level of evaluation. Staff felt starting with large single family and duplexes
and publicly funded affordable housing was a manageable place to start.
Councilman Semrau noted staff memorandum states, the question o
whether these requirements will add costs to construction has yet to be
answered". Councilman Semrau said the bids for Burlingame Parcel D
answer that question; to go from 80 points required for affordable housing to
130 points adds $180,000 to $330,000 to the bid.
Kanipe told Council Ordinance # 10 contains administrative and energy
conservation standards for buildings, exemptions ~or~his~0ric biiiidings and
the fee refund procedures. Kanipe pointed out Section 311.3, renewable
energy mitigation program, the intent of this section is to require houses over
5,000 square feet to begin to produce some of the energy they use. If the
requirement is not met, applicants have to pay a fee of $5,000 for houses
over 5,000 square feet and $10,000 for houses over 10,000 square feet.
Kanipe said this requirement can be met by installing a 2-kilowatt solar
photovoltaic renewable energy system. This can also be met with a 3-panel
solar hot water system.
The idea of the REMP fees is to look at one's project in a way to get to
neutral energy consumption. Kanipe said the efficient building code and the
energy conservation code are tied together. If one installed a photovoltaic
system, one can get points to meet the efficient building code.
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Regular Meeting Aspen City Council February 10, 2003
Mayor Klanderud opened the public hearing on Ordinances #9 and 10,
Series of 2003.
Toni Kronberg encouraged staff to start looking at extending these
regulations to time-share units.as well as lodges and hotels. Ms. Kronberg
said guidelines for outdoor pools would be appreciated.
Kanipe pointed out Section 310 states that nonresidential buildings shall
comply with the energy guidelines for commercial and high-rise residential
buildings. Joni Matranga, CORE, told Council this program defines how
much energy is being used in each application and is a very innovative
program. This has been applied to public buildings. The markets are
moving toward more efficient appliances. The goal of the program is to try
and get energy produced on site. Councilman Semrau asked why the line is
at houses orS,000 square feet or greater; why not 3,000 square feet. Kanipe
noted 5,000 square feet is the cur off for other requirements in the building
code and it seemed to make sense to use that figure.
Mayor Klanderud closed the public hearing on Ordinances #9 and 10, Series
of 2003.
Councilman McCabe moved to adopt Ordinance #9, Series of 2003, on
second reading; seconded by Councilman Paulson. Roll call vote: Hershey,
yes; McCabe, yes; Paulson, yes; Semrau, yes; Mayor Klanderud, yes.
Motion carried.
Councilman McCabe moved to adopt Ordinance #10, Series of 2003, on
second reading; seconded by Councilman Hershey. Roll call vote: Paulson,
yes; McCabe, yes; Semrau, yes; Hershey, yes; Mayor Klanderud, yes.
Motion carried.
THE RESIDENCES AT THE LITTLE NELL
Councilman Hershey moved to continue this to February 24; seconded by
Councilman Semrau. All in favor, motion carried.
ARC/ICE GARDEN OPERATIONAL LEVELS DISCUSSION
Jeff Woods, parks director, reminded Council when they discussed the 2003
budgets, the future ARC ice rink was not known and only 4 months of
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Regular Meeting Aspen City. Council February 10, 2003
operations were budgeted. The ARC ice rink is back on track. Staffis
proposing 3 alternatives to Council; (1) shut the Ice Garden down for the
summer; (2) use the Ice Garden as a dry floor venue in the summer and run
the ARC; and (3) summer ice operations in both facilities. Woods told
Council staff recommends running both ice operations this summer. There
are hockey camps looking for venues; local users are lining up for ice time.
Woods said staff will research purchasing a floor for the Ice Garden so that
it can be used for other things. Woods said staff projects a subsidy
difference from the 2003 adopted budget of $7228 to run both ice facilities
this summer. Council agreed both facilities should be open this summer.
Councilman Semrau moved to go into executive session at 8:20 p.m. to
discuss acquisition of real property pursuant to C.R.S. 24-6-402(4)(a);
seconded by Councilman Hershey. All in favor, motion carried.
Councilmembers Semrau and Hershey left the meeting due to conflicts of
interest.
Councilman McCabe moved to come out of executive session at 8:40 p.m.;
seconded by Councilman Paulson. All in favor, motion carried.
Councilman McCabe moved to adjourn at 8:40 p.m.; seconded by
Councilman Paulson. All in favor, motion carded.
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