HomeMy WebLinkAboutminutes.council.20030825Regular Meeting Aspen City Council August 25, 2003
CITIZEN COMMENTS ............... ~ ............................................................................... 2
COUNCILMEMBER COMMENTS ..., .......................... i ........................................ 3
CONSENT CALENDAR ............................................................................................ 4
· Resolution #69, 2003 - Contract .award - Water plant 2 MG Clearwell Insulation4
· Resolution #70, 2003 - Contract award - Red Mountain water line improvements
4
· Request to Release Deed Restriction - 1025 Cemetery Lane ................................. 4
· Resolution #72, 2003 - Authorizing Pitkin County Condemnation of Land Near
Airport ............................................................................................................................. 4
· Minutes - August 4, 5, 11, 2003 ............................................................................. 4
RESOLUTION #71, 2003 -Contract Engineering Services Rio Grande
Ponds .......................................................................................................................... ~ ...... 4
FIRST READING OF ORDINANCES ................................................................... 5
* Ordinance #43, 2003 - Maroon Creek Club PUD/SPA Amendment ..................... 5
. Ordinance #44, 2003 ~ Holy Cross Franchise Agreement ..................................... 5
ORDINANCE #5, SERiES OF 2003 - Code Amendments Infill ..................... 7.
ORDINANCE #21, SERIES OF 2003 - Little Ajax Annexation ..................... 7
ORDINANCE #22, SERIES OF 2003 - Little Ajax Subdivision ..................... 7
ORDINANCE #37, SERIES OF 2003 - HYbrid Vehicle Rebate ...................... 7
ORDINANCE #41, SERIES OF 2003 -~ Hybrid Vehicle Parking Program... 7
ORDINANCE #38, SERIES OF 2003 - Zoning of Aspen Valley Hospital
Newly Annexed Land ................................................................................................... 9
ORDINANCE #39, SERIES OF 2003 - Puppy Smith COWOP Final PUD. 9
ORDINANCE #42, SERIES OF 2003 - Charter Amendment - Recall
Referendum, Initiative ..., ........................................................................................... 14
REQUEST FOR FUNDS - CCLC for Aspen Goes Bazaar ............................. 14
RESOLUTION #73, SERIES OF 2003 - Ballot Question - Charter
Amendment ................................................................................................................... 15
RESOLUTION #74, SERIES OF 2003 - Ballot Question - Disposition of
City Property ................................................................................................................. 15
RESOLUTION #75, SERIES OF 2003 - Ballot Question - Holy Cross
Franchise ........................................................................................................................ 16
RESOLUTION #76, SERIES OF 2003 - Supporting Renewable Energy
Legislation ...................................................................................................................... 16
RESOLUTION #77, SERIES OF 2003- Burlingame Parcel D Contract.... 17
Regular Meeting Aspen City Council August 25, 2003
Mayor Klanderud called the meeting to order at 5:00 p.m. with
Councilmembers Torre, Richards, Semrau and Paulson present.
CITIZEN COMMENTS
1. Marie Butler, 814 West Bleeker, asked why the S-curve issue is back.
The Council has had elections on the S-curves versus the straight shot and
yet this keeps coming back. Ms, Butler said people in her complex applied
to the S-curve task force and were not appointed; there should be someone
on the task force from this area. Mayor Klanderud said anyone who is
interested may attend the task force meetings. The next S-curve task force is
September 3 at noon.
2. Toni Kronberg requested the engineering services contract for Rio
Grande ponds be pulled off consent calendar. Ms. Kronberg said at the last
meeting Dancing Bear was approved. At the previous public hearing on
Dancing Bear, some Council stated they could not vote for a 4-story building
or 3 stories with a gazebo. Ms. Kronberg asked why Council changed their
mind. Councilwoman Richards stated she would 'consider supporting the
project if the gazebo was reduced in size and was centered on the structure.
The applicants did both of these and she felt she could vote for the project.
Ms. Kronberg said there has been a rash of underage drinking citations in the
past year. It has been suggested the city sponsor a sober club. Ms.
Kronberg said there are other solutions she would like Council to move
forward with. Ms. Kronberg said on September 18th, parks, environmental
· health and engineering depamnents are having a charette and public meeting
about Rio Grande and Jenny Adair parks. Mayor Klanderud suggested these
comments would be better at the September 18th meeting. This contract is
an engineering contract only. Ms. Kronberg said expansion of the
skateboard park and water features of the Rio Grande should be discussed.
Nick Adeh, city engineer, said this meeting is a community meeting with
engineers and staff to review the preliminary layout and design of the
facility.
3. Jim Markalunas presented bouquets of sweetpeas, the official flower
of Aspen, and boutonnieres of thistle to Council and staff. Markalunas
presented Mayor Klanderud with a new ribbon cutter that can also be used to
cut down thistles. Markalunas said he hopes Council remembers to include
weed management in the budget. Markalunas presented Randy Ready with
a bus to remind the city to keep working on mass transit.
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Regular Meeting Aspen City Council August 25, 2003
COUNCILMEMBER COMMENTS
1. Councilwoman Richards reported she attended the CAST meeting last
week. There was a discussion with Hal Clifford author of Downhill Slide.
CAST also discussed statewide ballot issues.
2. Councilman Paulson noted the next RFTA meeting is September 11
and Rails to Trails policy will be discussed.
3. Councilman Paulson said he is getting comments about the lack of
parking space behind city hall. People complain the lot is full of city
vehicles.
4. Councilman Paulson said the Dancing Bear project was passed at the
last meeting. Councilman Paulson presented colored drawing of the view
from Wagner Park if all other lodges on the west side of Monarch were to
develop. This would create a wall effect. Councilman Paulson asked if any
prevailing member of Council was willing to change their vote. There were
none.
5. Councilman Torre said the community picnic last week was a good
event. Councilman Torre congratulated the tennis staff for the event put on
at the city courts. Participants had a good time.
6. Councilman Torre announced there is a NW Colorado Council of
Governments meeting in Aspen Thursday at the Mountain Chalet.
7. Councilman Torre said he would like Council to schedule a work
session to discuss pedestrian priorities like better signage at the crosswalks.
Mayor Klandemd said this is a big project. Randy Ready, assistant city
manager, noted the S-curve task force is addressing pedestrian issues on
Main street, 8th and Main. Ready noted as part of the budget process
Council will see a pedestrian plan for 2004. Mayor Klanderud agreed a
work session is needed.
8. Councilman Torre said last Friday was the last FAC and Network
played. These were good events.
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Regular Meeting Aspen City Council August 25~ 2003
9. Mayor Klanderud noted she has seen a lot of cars making U-tums at
Galena and Cooper. Mayor Klanderud said the police and community safety
department need to help change drivers behavior before there is an accident.
I 0. Steve Barwick, city manager, told Council the applicants have
requested Little Ajax annexation and subdivision be continued to September
22nd.
CONSENT CALENDAR
Councilwoman Richards moved to approve the consent calendar as
amended; seconded by Councilman Paulson. The consent calendar is:
· Resolution #69, 2003 - Contract award - Water plant 2 MG Clearwell
Insulation
· Resolution #70, 2003 - Contract award - Red Mountain water line
improvements
· Request to Release Deed Restriction - 1025 Cemetery Lane
· Resolution #72, 2003 - Authorizing Pitkin County Condemnation of
Land Near Airport
· Minutes - August 4, 5, 11, 2003
All in favor, motion carried.
RESOLUTION #71, 2003 - Contract Engineering Services Rio Grande
Ponds
Nick Adeh, city engineer, said the intent of this is to come up with a
preliminary design for water quality management in order to be compliant
with the Clean Water Act. This contract is for engineering design of the
components ora treatment system. Adeh reminded Council they approved a
conceptual layout at a work session. This will be preliminary layout of the
design in order to estimate the costs of the project. Parks, environmental
health and engineering are working together to come up with a master plan.
This component is only engineering.
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Regular Meeting Aspen City Council August 25, 2003
Toni Kronberg said she is concerned that this is not the final design of the
physical layout of the storm drainage area. Ms. Kronberg noted the parks
department is working on the master plan for Rio Grande park. Ms.
Kronberg noted Boogie Weinglass has talked about an extension of the
skateboard park. Ms. Kronberg has recommended the recycle center be
relocated to the south across the street and that a water feature be located at
the Rio Grande park. Ms. Kronberg said the public should attend the
September 18~ meeting and give feedback on storm drainage and where it
lies in the area. Ms. Kronberg said she wants to make sure she can comment
at the September 18th meeting. Mayor Klanderud said this engineering
contract is not for the Rio Grande park but is for the preliminary design of
the treatment system.
Councilwoman Richards asked where is the money is coming from. The
funding is from Savanah Limited Parmership in mitigation for the St. Regis
and Top of Mill. Councilwoman Richards said Ms. Kronberg has brought
up adding a water feature to the Rio Grande. Councilwoman Richards said
this is not currently in the Rio Grande master plan. The city has spent a lot
of money developing the Aspen Recreation Center, the ball fields, and trails.
Councilwoman Richards said she does not want to leave it open that there is
going to be a water feature added to Rio Grande park. Councilwoman
Richards said she does think expanding the skateboard park is a good idea.
Councilwoman Richards said she does not see the funds or the desire to add
a water feature to Rio Grande park. Councilwoman Richards said she does
not think staff should give that direction to the consultants. Adeh said the
water feature is not part of this contract. Council agrees they do not support
a water feature. Ms. Kronberg reiterated Council has agreed on September
18th, public comment will be taken on what they would like to see at the Rio
Grande.
Councilman Semrau moved to approve Resolution #71, Series of 2003;
seconded by Councilman Paulson. All in favor, motion carried.
FIRST READING OF ORDINANCES
· Ordinance #43, 2003 - Maroon Creek Club PUD/SPA Amendment
· Ordinance #44, 2003 - Holy Cross Franchise Agreement
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Regular Meeting Aspen City Council August 25, 2003
Councilman Paulson moved to read Ordinances #43 and 44, Series of 2003;
seconded by Councilman Semrau. All in favor, motion carried.
ORDINANCE NO. 43
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN
AMENDMENT TO THE MAROON CREEK CLUB SPECIALLY
PLANNED AREA/PUD AND A GMQS EXEMPTION FOR A CHANGE IN
USE TO ALLOW FOR THE COMBINED LODGE UNIT IN THE
MAROON CREEK CLUB TO BE CONVERTED TO A MULTI-FAMILY
RESIDENTIAL DWELLING UNIT, LOT 51, MAROON CREEK CLUB
SUBDIVISION/SPA/PUD, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
ORDINANCE NO. 44
(Series of 2003)
AN ORDINANCE OF THE CITY OF ASPEN, COLORADO,
GRANTING A FRANCHISE TO HOLY CROSS ENERGY, ITS
SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, INSTALL,
CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN AND
OPERATE INTO, WITHIN AND THROUGH A PORTION OF THE CITY
OF ASPEN ALL NECESSARY AND CONVENIENT FACILITIES FOR
THE PURCHASE, GENERATION, TRANSMISSION AND
DISTRIBUTION OF ELECTRICAL ENERGY, AND TO FURNISH,
SELL AND DISTRIBUTE SAID ELECTRICAL ENERGY TO THE
RESIDENTS THEREOF FOR LIGHT, HEAT, POWER AND OTHER
PURPOSES BY MEANS OF CONDUITS, CABLES, POLES AND WIRES
STRUNG THEREON, OR OTHERWISE ON, OVER. UNDER, ALONG,
ACROSS AND THROUGH ALL STREETS, ALLEYS, VIADUCTS,
BRIDGES, ROADS, LANES AND OTHER PUBLIC WAYS AND
PLACES THEREIN, ALL IN PITKIN COUNTY, COLORADO, AND
FIXING THE TERMS AND CONDITIONS THEREOF.
Councilman Paulson moved to adopt Ordinances #43 and 44, Series of 2003,
on first reading; seconded by Councilman Semrau. Roll call vote:
Councilmembers Torre, yes; Paulson, yes; Semrau, yes; Richards, yes;
Mayor Klanderud, yes. Motion carded.
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Regular Meeting Aspen City Council August 25, 2003
ORDINANCE #5, SERIES OF 2003 - Code Amendments Infill
Mayor Klanderud said Council has submitted comments to community
development staff, who will collate and analyze these comments. Mayor
Klandemd said some community members are concerned about the length of
time this has been going on and that it may be split into discrete code
amendment. Mayor Klanderud suggested this either dropping this ordinance
or waiting to see the collated information. Julie Ann Woods, community
development department, recommended continuing to October 14th and if at
that time it is appropriate to let this die, the public will be aware the
direction this is going.
Councilman Semrau moved to continue Ordinance #5, Series of 2003, to
October 14, 2003; seconded by Councilman Torre.
Councilman Paulson questioned what two months will do for this ordinance.
Councilman Paulson said it is very appropriate to break this code
amendment into parts.
All in favor, with the exception of Councilman Paulson. Motion carded.
ORDINANCE #21, SERIES OF 2003 - Little Ajax Annexation
ORDINANCE #22, SERIES OF 2003 - Little Ajax Subdivision
Councilman Semrau moved to continue Ordinances 21 and 22, Series of
2003, to September 22, 2003; seconded by Councilman Torte. All in favor,
motion carried.
ORDINANCE #37, SERIES OF 2003 - Hybrid Vehicle Rebate
ORDINANCE #41, SERIES OF 2003 - Hybrid Vehicle Parking Program
Tim Ware, parking department, reminded Council they have looked at a
$100 rebate for hybrid vehicle owners as well as a free parking program.
Ware said staff estimates 3 or 4 cars daily would take advantage of the free
parking program. The estimated loss of revenue could be $250 to $1200/car.
The free parking would be for residential zones or HOV designated spaces.
Ware recommended Council adopt Ordinance #37, hybrid vehicle rebate, as
this rewards purchase ora vehicle rather than rewarding driving a vehicle.
Regular Meeting Aspen Ci.ty Council August 25, 2003
Ware said rewarding driving goes against the city's goals of encouraging
other forms of transportation.
Councilwoman Richards suggested amending the ordinance to include free
parking for all super low emission vehicles, not just local residents. This ~
will send a larger message about Aspen's support of the environment.
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Councilman Paulson agreed it is important to send a message there is
alternative energy in automobiles and that Aspen is a progressive city and is
promoting alternative energy. Councilman Paulson supports free parking for
all hybrid vehicles, not just local residents, and would be willing to allow
parking for these vehicles in the commercial core. Councilwoman Richards
said she would not support free parking in the commercial core.
Councilwoman Richards said she does not feel this is encouragin~ driving.
Mayor Klanderud said free parking is in direct conflict with what the city
has been trying to accomplish with mass transit by funding and encouraging
alternative transportation. Mayor Klanderud said she ~s concerned about
impacts of this on the transportation fund. Councilman Semrau supports the
rebate but does not support free parking for hybrids. Councilman Semrau
said he would prefer to put all the city resources into free buses, not cutting
bus schedules in the off-season. Councilman Torre supports rebates and free
parking for all drivers of hybrid vehicles. Councilman Torre said this can be
done for a year and then analyze it. Councilwoman Richards said this is
about creating market demand' for environmental products.
Councilman Paulson moved to direct staffto write an ordinance to combine
the $100 rebate and free parking for everyone with a hybrid vehicle in the
HOV areas and residential neighborhoods; seconded by Councilwoman
Richards.
Councilman Paulson moved to continue Ordinances #37 and 41, Series of
2003, to September 8, 2003; seconded by Councilwoman Richards. All in
favor, motion carried.
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Regular Meeting Aspen City Council August 25~ 2003
ORDINANCE #38, SERIES OF 2003 Zoning of Aspen Valley Hospital
Newly Annexed Land
Scott Woodford, community development department, reminded Council
state statute requires zoning of newly annexed property within 90 days.
Woodford said the majority of this is recommended to be zoned public; the
Mountain Oaks affordable housing will be zoned RMF. Woodford noted the
dimensional standards will be set in conjunction with a planned unit
development application.
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Councilwoman Richards moved to adopt Ordinances #38, Series of 2003, on
second reading; seconded by Councilman Semrau. Roll call vote: Paulson,
yes; Richards, yes; Semrau, yes; Torre, yes; Mayor Klandemd, yes. Motion
carried.
ORDINANCE #39, SERIES OF 2003 - Puppy Smith COWOP Final PUD
Joyce Allgaier, community development department, told Council this is
final review for a 100% affordable housing project. Council approved a
COWOP task force. The task force then reviewed several different
development scenarios and has forwarded a recommendation to Council.
Ms. Allgaier showed where the Puppy Smith site is located, west of Mill
street. There us an old miner's cabin currently located on site; this is not on
the historic inventory. The applicants propose to renovate this with a more
historic look.
Ms. Allgaier said the task force is recommending a duplex and a single
family dwelling, to create two parcels and condominiumize the duplex. The
parcel is 10,000 square feet, divided 6,000 and 4,000 square feet. The
single-family dwelling will be 770 square feet with a 700 square foot
basement to make it more livable. The duplex contains two 1244 square
foot units. Ms. Allgaier noted the task force recommended flipping the floor
plan to put the kitchen/dining room on the middle floor. There is a request
for additional landscaping on the back of the structures to minimize the
impact on the Rio Grande trail.
Regular Meeting Aspen City Council August 25, 2003
Another condition from COWOP was to break up the long wall of the
duplex. Ms. Allgaier said the design takes advantage of the slope of the
property. The suggestion is to add decks or some other horizontal feature to
break up this mass. Ms. Allgaier told Council the issue of groundwater has
come up and staff recommends this be studied further. Staff does not think
this is an insurmountable problem but it should be addressed.
Michelle Bonfils, asset management, said the existing condition of this
property include only the miner's cabin, which needs to be renovated. This
is a 2-bedroom, 1-bathroom structure and the plan is to renovate it with a full
basement. The goal is to maintain the historic flavor of the building and
limit the amount of architectural details that will be added. Ms. Bonfils
showed elevations of the duplex and the existing structure. The duplex
appears as two separate buildings. The duplex follows the grade of the site.
Ed Sadler, assistant city manager, told Council 12 units were originally
proposed for this site because of its proximity to shopping and town. After
working with neighbors and the task force, this proposal is 3 units. Land
trade with ACES was discussed. The COWOP had 2 Councilmembers,
representatives of P&Z, HPC, housing board, ACES, a S/C/I businessperson,
a Sanitation District representative, infill representative and general public.
The miner's cottage has had many alterations. Sadler told Council if there is
concern about access to the wetlands, the existing structure could be
eliminated and more parking could be added or the entrance to this area be
enhanced.
Jeff Woods, parks department, told Council his staff has been working with
engineering and asset management on drainage, storm water detention and
water quality issues in this entire site. The Jenny Adair site adjacent to this
site is an ideal site for these Water improvements. Staff is working with
ACES to make this a joint project. Woods told Council the purpose of this
project is not only for storm water but to recreate the natural riparian
corridor that used to exist here. The public access is along the Rio Grande
trail. Woods said the houses will not negatively impact this wetlands
project; however staffwould recommend animals not be allowed at these
residences. Woods said there are multiple objectives with every project and
they tried to design their wetlands project with the housing in mind. There
will be picnic areas along the trail, and this ties into improvements at the
Sanitation District property.
Regular Meeting Aspen City Council August 25~ 2003
Councilman Torre asked if ACES is interested in using the proposed
wetlands area for education. Woods said staffhas met with ACES Board
who is excited about the project and excited about using this as education on
how to repair a riparian corridor and also how to deal with storm water in a
positiye manner. Woods told Council staff is working with the Army corps
of Engineers who may fund this up to 100% if it is mainly used for wildlife
habitat.
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Councilman Paulson asked why this is being approved before the ballot
question goes to the electorate. Mayor Klanderud noted if Council does not
approve this project, there is no reason to take it to the voters. The project
approved is the one that will go to the voters. Councilman Paulson said he
would like to hear from ACES before he approves this ordinance.
Councilwoman Richards agreed with the suggestion of flippin, g the floor
plan. Councilwoman Richards said Council should go with the higher
standard of restoring the miner's cabin. Councilwoman Richards said she is
not supportive of this COWOP application. Councilwoman Richards
concurred the city should look at long term housing of their employees.
Councilwoman Richards questioned any thinking that 12 units might be on
this property. Councilwoman Richards said she is not comfortable with this
location as housing. Councilwoman Richards said she does not like taking
open space and using for city-employee only housing. Councilwoman
Richards said she would rather see city housing incorporated into other
projects, like Burlingame or Kaplan. Councilwoman Richards stated this
land was purchased to prevent development in this area. Councilwoman
Richards said she does not see a net gain to the open space fund by trading
offthis entrance tothe Rio Grande trail and ACES. Councilwoman
Richards suggested looking at restoring the miner's cabin and see if it is the
right place for a sobriety gathering place. The house came with the land
when it was purchased for open space.
Councilman Semrau asked what fund will subsidize this. City Manager
Steve Barwick said the electric fund will pay for part of the subsidy and part
will come from the general fund. Barwick said this is a marginal piece of
open space with no public use. Barwick Suggested the miner's cabin could
be removed and only a duplex be built2 This would fill a critical housing
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Regular Meetin~ Aspen City Council August 25, 2003
need for two city employees. $250,000 will go back into the open space
fund to be used on an open space purchase. Barwick told Council it is
important to get family-style housing for city employees in order to retain
employees.
Mayor Klanderud said this development does not prohibit visitors to this
site. Mayor Klanderud said she likes the idea of using the miner's cabin for
a sobriety facility. Mayor Klanderud stated she is comfortable with 3
affordable housing units on this site.
Councilman Torre supports this project; it is an appropriate place for
housing. Councilman Paulson said he enwsions this as an entrance to ACES
and to Rio Grande trail, not for housing. Councilman Paulson said he can
only support the existing building on this site. Councilwoman Richards
reiterated this property was purchased with open space funds to prevent
development. Councilwoman Richards stated the fact that the city has never
made this area more appealing is not justification for development.
Councilwoman Richards said if this is to be developed as housing, sell the
site to the housing office and let them build family-type housing for the
general publ!c.
Councilman Semrau said this is appropriate development for this site;
however, the land was purchased with open space funds. Councilman
Semrau agreed the city needs to find property to house their employees, but
not on open space. Councilman Semrau supports renovating the existing
house for affordable housing. Sadler told Council this used to contain 3
houses. Ms. Allgaier passed around the 1896 map with the area shown.
Councilman Semrau said that fact makes a difference in how he looks at this
development.
Mayor Klanderud said there should have been feedback from the COWOP to
Council earlier in the process so that people do not continue to put in efforts
and have the project come to nothing. Ms. Allgaier reminded Council this
COWOP went on for quite awhile and the direction was to get a plan for this
property.
Councilman Torre said he supports staff's vision for this area including the
wetlands and the housing. Councilman Torre said this site is very close to
the grocery, the post office, and the laundry, in a very active area. This
location is an amenity for the housing. Councilman Torre said this may be a
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Regular Meeting Aspen CiW, Council August 25, 2003
nicer, more defining entrance for ACES. Councilman Paulson questioned
purchasing this with open space money if the vision was to build housing.
Mayor Klanderud agreed this is an ideal location in terms of amenities.
Mayor Klandemd noted the city talks about building where there is already
building. Councilwoman Richards said she is concerned about this project
meeting the needs of city employees when the city has not produced family-
style ownership units for the general community.
Councilman Semrau stated since this was not always open space and them
were houses there in the 1980's, he will support the project. Councilman
Semrau said he does have questions on the PUD requirements. Mayor
Klanderud agreed she is concerned about the height and about the parking.
Mayor Klanderud stated this is family-style housing and there should be at
least one parking space per bedroom.
Councilwoman Richards said including the existing house as a sobriety
facility will have a wider community benefit and may give the question a
better chance at the ballot. Councilman Paulson agreed a garden project for
rehabilitation center would be wonderful. Councilman Paulson said he
would like this property to go to a vote with only the existing house in a
renovated style.
Mayor Klanderud said she favors moving ahead with the ballot language on
disposing of this property and then discussing the PUD to make suggestions.
Councilmembers Semrau and Torre agreed. Councilmembers Richards and
Paulson opposed.
Councilman Semrau moved to continue Ordinance #39, Series of 2003, to
September 8; seconded by Councilman Torre. All in favor with the
exception of Councilman Paulson. Motion carried.
Councilman Semrau agreed there have to be two parking spaces per unit on
site. Councilman Semrau said he does not like this design. Councilman
Semrau said he would prefer 3 smaller one-story houses. Councilman
Semrau said the back is a large 3-story wall and he would like to see it
broken up.
Mayor Klandemd asked about the ground water. Ben Ludlow,.asset
management, told Council they have done a soils test, went down 12.5 feet
before they found ground water. The engineers feel this is fine. Councilman
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Regular Meeting Aspen City Council August 25~ 2003
Torte said he does not want to see more parking on site. Councilman Torte
said this project should be the utmost environmentally. Councilwoman
Richards agreed if this project goes forward it should be as green as
possible.
ORDINANCE #42, SERIES OF 2003 - Charter Amendment - Recall
Referendum, Initiative
John Worcester, city attorney, went over the changes approved at the last
meeting. The state statute does not have a provision for withdrawal of
petitions; Council decided to be consistent with state statutes so there is no
provision for withdrawal. The state statute does not allow for supplementing
petitions; however, Council wanted to retain that so it has been left in. The
provision that a ~ majority of Council is needed to repeal an ordinance that
has been referred has been deleted as nowhere else is a ¼ majority needed.
The time for setting elections for an initiative or referendum petition is 30 to
90 days. The state statute allows 60 to 150 and this ordinance reflects 60 to
150 days which gives Council more flexibility to try and schedule elections
with other regularly scheduled elections.
Mayor Klanderud opened the public heating. Mayor Klanderud entered into
the record an e-mail from Bert Myrin concerned about lengthening the time
before a petition goes to the voters.
Mayor Klanderud closed the public hearing.
Councilman Paulson agreed petitions should be expedited, Mayor
Klanderud preferred this be as consistent with state statutes as possible.
Councilwoman Richards said she would like more flexibility in scheduling
elections as well as the consistency with state statutes.
Councilman Semrau moved to adopt Ordinance #42, Series of 2003, on
second reading; seconded by Councilwoman Richards. Roll call vote:
Councilmembers Richards, yes; Torre, yes; Paulson, yes; Semrau, yes;
Mayor Klanderud, yes. Motion carried.
REQUEST FOR FUNDS - CCLC for Aspen Goes Bazaar
Andrew Kole, CCLC, requested $3,000 and also that Council sponsor
another FAC on the weekend of October 3 to 5. CCLC with ACRA and
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Regular Meetin~ Aspen City Council August 25, 2003
some retail merchants are planning '"Aspen Goes Bazaar", 48 hours of semi-
deregulated shopping. ACRA has allocated $10,000 to fund an advertising
campaign to be included with their Fall in Love with Aspen. This will be
targeted at the front range as well as Summit County, Grand Junction. The
$3,000 request is to cover other entertainment, balloon arches, directional
signs and perhaps a midnight movie at the Isis. This weekend will also have
the Cocktail Classic on Friday, Filmfest through October 5th. The Gems of
Aspen will participate with lodge rooms starting at $48/night.
Councilwoman Richards moved to approve $3,000 out of Council's
contingency to spend on music decorations and other entertainment for
Aspen Goes Bazaar and not fund another FAC; seconded by Councilman
Semrau.
Councilman Torre said this is a great idea but he would prefer not to spend
city money on it.
All in favor with the exception of Councilman Torre. Motion carried.
RESOLUTION #73, SERIES OF 2003 - Ballot Question - Charter
Amendment
John Worcester, city attorney, explained approving this resolution will put
on the November ballot approval of the Charter amendments adopted in
Ordinance #42.
Councilwoman Richards moved to adopt Resolution #73, Series of 2003;
seconded by Councilman Semrau. All in favor, motion carried.
RESOLUTION #74, SERIES OF 2003 - Ballot Question - Disposition of
City Property
John Worcester, city attorney, recommended this be continued to the next
meeting since Council also continued Ordinance #39, the Puppy Smith
COWOP.
Councilman Semrau moved to continue Resolution #74, Series of 2003, to
September 8; seconded by Councilman Torre. All in favor, with the
exception of Councilman Paulson. Motion carried.
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Regular Meeting Aspen City Council August 25, 2003
RESOLUTION #75, SERIES OF 2003 - Ballot Question Holy Cross
Franchise
John Worcester, city attorney, reminded Council the Charter requires
franchises to be approved by the voters.
Councilman Paulson moved to approve Resolution #75, Series of 2003;
seconded by Councilman Semrau.
Councilman Torre asked if there is any way the city can make Holy Cross
move towards more renewable energy. City Manager Steve Barwick said
the city does not have any leverage except when areas are annexed to have
them be city-served areas.
All in favor, motion carried.
RESOLUTION #76, SERIES OF 2003 - Supporting Renewable Energy
Legislation
Councilman Semrau moved to approve Resolution #76, Series of 2003;
seconded by Councilman Torre.
Randy Udall, CORE, told Council 13 states have renewable portfolio
standards and Colorado is in the process of debating these standards. This
resolution says the City Council supports the statewide renewable portfolio
standard. Udall said Aspen has done a lot in trying to bring more renewable
energy to the market. Udall told Council he is working with H01y Cross to
see if they will support this. Phil Overeynder, water department, told
Council the Colorado Association of Municipal Utilities is opposed to this.
Overeynder said this resolution is also including hydropower.
All in favor, motion carried.
Councilwoman Richards moved to suspend the rules and extend the meeting
to 10:00 p.m.; seconded by Councilman Torre. All in favor with the
exception of Councilman Semrau. Motion carried.
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Regular Meeting Aspen City Council August 25, 2003
RESOLUTION #77, SERIES OF 2003 - Burlingame Parcel D Contract
Ed Sadler, assistant city manager, told Council this is part II ora contract for
the construction of the housing at Burlingame Parcel D. Sadler pointed out
the contract does not contain a final dollar amount so that Council can add or
delete items. Sadler noted staff recommends approval of charges the
designer could not have known prior to the competition. Items that should
have been included in the original design or that they had control of, staff
recommended not be approved. ASW has agreed to only request the items
that staff is recommending. Sadler said staff outlined why the recommended
approval for issues like topsoil conditions that competitors in the design
contest did not have time to test.
Vince Hooper, ASW, told Council they only have two areas of disagreement
they would like to discuss. Councilman Semrau asked about the extra 7
points for green building that cost $38,000 and what are they. Modulating
and sequential boilers cost $27,000; finger joint trim and efficient building
practices are the rest of the cost.
Councilwoman Richards asked what the per unit subsidy is including these
add-ons. Staff has recommended approval of additional items $289,212.
Sadler said staff is looking roi guidance on these additions as well as the
city's role in future projects. Councilman Semrau said this project was fast
tracked and staff did what was required, The agreement was items out of the
developer's control, the city would have to pay for. Councilman Semrau
said what Council traded for certainty in costs up front was to get the project
moving along.
Sadler said ASW thinks that grip strut stairs is something Council asked for;
however, staff could not find this. The contractor is asking for $35,000 for
grip strut stairs. This is ~ safety measure. Hooper said this is a long-term
maintenance solution with lower costs~ Council agreed with the $35,000 for
grip strut stairs. Sadler said Aspen Fire Department has required sprinkling
overhangs on buildings. This costs $24,000 for exit balconies and unit
entries. Council agreed with this cost. Councilman Semrau said these costs
were impossible for the contractor to know about and it is not fair to make
the contractor eat those costs.
Sadler said the contractors have asked for a rock allowance and he
recommended a not to exceed of $15,000. If no rocks are encountered on
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Regular Meeting Aspen City Council August 25~ 2003
site, the money will not be spent. Council agreed. Sadler pointed out on
100% affordable housing project not for mitigation, the building permit fees
are waived. If Council agrees, the contract will be reduced by $45,000.
Sadler told Council community development depamnent is incurring costs
on affordable housing projects. There may be some very large projects in
the future on which Council will not want to waive the fees. Council agreed
the policy should be followed and the $45,000 should be waived. Sadler
told Council they will add an addendum to the contract that requires
compliance with the PUD.
Mayor Klanderud brought up the park dedication fee. A trail is being added;
there is a lot of public open space that will be accessible to anyone. Sadler
said this fee has not been waived in the past. Councilman Semrau agreed the
city usually requires the. park dedication fee unless there are contributions to
open space that make sense to reduce the fee. Councilwoman Richards said
the conservation lands have been given but they are not part of this parcel.
Councilman Semrau suggested the park dedication fee be waived based on
the conservation lands and constructing a new trail. Councilmembers
Semrau, Richards and Mayor Klanderud agreed they are in favor of
eliminating the parks fee. Councilman Paulson said park dedication fee is
for parks everywhere in the city and it should not be waived.
Sadler told Council the city has reached an agreement with John McBride.
This contract is for 40 units and there may be a contract amendment for 39
units to meet the agreement. The extra design costs to go from 40 to 39 will
be covered by building one less unit.
Sadler told Council the roofs approved were not the most conducive to solar
hot water heaters. The solution was to mount them on a paid costing
$144,000. The architect has worked with CORE to get this lowered to
$99,000. CORE is willing to seek $42,000 from the REMP fund, leaving
$57,000 for the city to fund. Sadler asked Council if it is worth $57,000 to
get more green building points. Councilmembers Semrau, Paulson and
Richards supported this expenditure contingent upon receiving funding from
the REMP fund.
Sadler reminded Council they have guidelines they want all affordable
housing project should meet. The asset management staff reviewed the
plans for these guidelines. There are some areas where staff does not have
enough information to conclude these guidelines are being met.
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Regular Meeting Aspen City Council August 25, 2003
Hooper said there will be additional services as an addendum for the
McBride changes. They will come back to Council for a change in budget
and change in architecture. Sadler reminded Council this will probably be a
net savings. Council accepts the McBride agreement. Council asked for a
per unit cost and per unit subsidy now that all costs are known.
Councilman Paulson moved to approve Resolution #77, Series of 2003, with
the addendum; seconded by Councilman Semrau. All in favor with the
exception of Councilman Torre. Motion carried.
Councilman Semrau moved to adjourn at 10:20 p.m.; seconded by
Councilman Paulson. All in favor, motion carried.
~och
City Clerk
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