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Home My WebLink Aboutminutes.council.20031027Regular Meetin~ Aspen City Council October 27, 200.2 EMPLOYEE RECOGNITION, Stephan Kanipe for Colorado Pollution Prevention Award CITIZEN PARTICIPATION ...................................................................................... 2 COUNCILMEMBER COMMENTS ........................................................................ 2 CONSENT CALENDAR · December Council Meetings ................................................................................... 3 · Minutes - October 14, 2003 .................................................................................... 3 ORDINANCE #55, SERIES OF 2003 - Code Amendment - Demolition Definition; Measurement of Roof Heights ............................................................ 4 ORDINANCE NO. 55 ................................................................................................... 4 ORDINANCE #43, SERIES OF 2003 - Maroon Creek Club PUD/SPA Amendment... ORDINANCE #51, SERIES OF 2003 - Code Amendment - Residential Multi-Family Replacement ....................................................................................... 4 RESOLUTION #98, SERIES OF 2003 - COWOP Recommendation Burlingame Ranch PUD ............................................................................................... 6 RESOLUTION #90, SERIES OF 2003 - Knollwood Annexation ...................7 RESOLUTION #99, SERIES OF 2003 - South 7th and Hopkins Annexation Regular Meeting Aspen Ci~. Council October 27, 200.~ Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, Paulson, R/chards and Semrau present. EMPLOYEE RECOGNITION- Stephan Kanipe for Colorado Pollution Prevention Award Mayor Klanderud and Council presented Stephan Kanipe, chief building office, with an award for his work in formulating the Renewable Energy Mitigation Plan and in traveling the state to teach about REMP. CITIZEN PARTICIPATION 1. Sloan Shoemaker, Aspen Wilderness Workshop, requested Council consider a resolution urging the U. S. Senate to shift its priorities on bill HR 1904, the Senate version of healthy forest initiative. Shoemaker noted the way to protect structures and a community at risk is to take action in the immediate vicimty of the structures. Doing things in the back country will not protect communities. Council agreed to look at and to adopt a resolution drafted by Shoemaker. COUNCILMEMBER COMMENTS l. Mayor Klandemd told Council she visited with a second grade class today and talked about the importance of government. Mayor Klanderud said they asked very interesting questions. Mayor Klanderud said the class assignment is to watch the Council on Grassroots this evening. 2. Councilman Paulson said he has received several phone calls aborn the observation deck built on Smuggler and how large it is and how it got built like that. Council suggested Councilman Paulson talk to the county Open Space board and the Commissioners to see how this occurred. 3. Councilwoman Richards urged a no voted on Referendum A, the state water bond issue on the November 4th ballot, as it is a $4 billion blank check. 4. Mayor Klanderud said Councilmembers Torre, Paulson and she met with high school exchange students from Garmisch Partenkirchen. 5. Councilman Paulson thanked CDOT for their effort into fixing the Maroon Creek bridge and keeping the hassle factor at a minimum. 2 Regular Meetine Aspen City Council October 27, 200~ 6. Councilwoman Richards thanked the Wheeler Associates for bringing Wynton Marsalis and for a great performance at the Wheeler. 7. Steve Barwick, city manager, reminded parents not to park on Cemetery Lane on Halloween. There is parking at Bamard park, the parks offices and on the side streets. Councilwoman Richards noted the buses will mn until 2:15 a.m. on Halloween. 8. Steve Barwick, city manager, noted the next meeting with the retail consultant will be November 12th at 7 a.m. at the Mountain Chalet. 9. Councilman Semrau announced that CORE is sponsoring an experimental green building in mid-valley. 10. Councilman Torre told Council as the city's representative to the Arts Council, he attended a Red Brick center arts retreat. The members are calling for a reformed arts council to respond to the many things going on, like marketing the arts. 11. Mayor Klanderud said at the ACRA meeting, Bill Kane, Ski Company plarmer, presented the Snowmass base village plans. Mayor Klanderud said it is important to know what is planned for Snowmass; it is a large project and it is important to connect it to what is being done in Aspen. 12. Mayor Klanderud told Council ACRA is discussing the summer marketing piece. Mayor Klanderud said the ACRA board favors not going with an outside marketing firm and they will look at what is available locally. CONSENT CALENDAR Councilman Semrau moved to approve the consent calendar; seconded by Councilman Torre. The consent calendar is: · December Council Meetings · Minutes - October 14, 2003 Mayor Klandemd noted the December Council meeting will be December 8 and 15 to accommodate the holidays. Regular Meeting Aspen City Council October 27~ 2003 All in favor, motion carried. ORDINANCE #55, SERIES OF 2003 - Code Amendment - Demolition Definition; Measurement of Roof Heights Councilman Paulson moved to read Ordinance #55, Series of 2003; seconded by Councilman Semrau. Ali in favor, motion carried. ORDINANCE NO. 55 (SERIES OF 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE REGARDING METHODS OF MEASURING FLOOR AREA, BUILDING HEIGHT, AND EXTENT OF DEMOLITION: 26A04.100-DEFINITIONS; 26.575.020(A)- CALCULATIONS AND MEASUREMENTS; 26.575.020(B) - METHODS OF MEASUREMENT FOR VARYING TYPES OF ROOFS; 26.575.020(E) - MEASUREMENT OF DEMOLITION. Councilman Semrau moved to adopt Ordinance #55, Series of 2003, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Torte, yes; Semrau, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #43~ SERIES OF 2003 Maroon Creek Club PUD/SPA Amendment John Worcester, city attorney, announced the applicant has withdrawn this. ORDINANCE #51~ SERIES OF 2003 - Code Amendment - Residential Multi-Family Replacement Chris Bendon, community development department, reminded Council multi-family is defined as 3 units or more it and does not apply to duplexes. Bendon said when multi-family projects are demolished; there is a requirement to replace on s~te a certain amount of affordable housing. The current requirement for replacement is 50% of the bedrooms and 50% of the net livable square footage. Bendon said developers have found ways to get 4 Regular Meeting Aspen Cit¥Council October 27~ 200~ around these requirements. The financial impact of this ordinance on a project encourages a .developer to remodel rather than demolish and replace. Bendon said there has been concern about the ordinance and last year Council adopted an emergency ordinance that adopted a definition of demolition and different regulations. The P&Z addressed this issue as part of their review ofinfill. Bendon told Council he had P&Z address whether demolition and replacement should still be regulated. P&Z agreed the process should not be regulated, how much wall stays and how much wall is replaced. P&Z suggested the density that exists be regulated and if a person is replacing the same thing, the number of units and the number of bedrooms, fine, and if more units or fewer units are replaced, an affordable housing mitigation should be required. The mitigation would look like the regulations currently in place. P&Z concluded what is being regulated is the construction practice, what is counted as demolition and what is not, what if the portion of the building cannot be saved. P&Z unanimously recommended adoption of this code amendment. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards entered a letter from John Werning in support of this code amendment into the record. Councilwoman Richards stated she does not support this code amendment as the problem lies with the definition of demolition. Council just adopted on first reading a clean up of that definition, which should take care of these problems. Councilwoman Richards said P&Z feels the city should be concerned with the product, not the process. Councilwoman Richards said this will not get the city affordable housing. Councilwoman Richards stated for her it is not just density, but the type of density; not the number of units, but the affordability of units. Councilwoman Richards said this requirement has kept affordable units in Aspen. Councilman Semrau said part of the motivation for this is free market units are getting run down and there was no easy way to replace them. Bendon said property owners are keeping up only the portion of a building necessary to deem it a remodel and no replacement units are required. If Council adopts this ordinance and a property owner is demolishing and building back the same density that is allowed. Mayor Klanderud asked if this was to Regular Meetin~ Aspen City Council October 27~ 2003 apply to commercial buildings as well. Bendon said this will be addressed under growth management, for which Council has a work session scheduled. Councilwoman Richards said she understands the motive of having buildings brought up to code; however, she does not want this so badly that they should all be free market units. Councilman Semrau suggested continuing this until after adopting Ordinance #55 in November. Councilman Torre said this sounds like a protection from moving rental units to free market. Councilman Semrau moved to continue Ordinance g51, Series of 2003, to November 24; seconded bY Councilwoman Richards. Councilwoman Richards asked for a comparison with a development of an empty lot with 8 multi-family units and a demolition/remodel of an 8-unit building and what would the requirements for affordable housing for each be. Councilman Semrau said the city does not want to preclude modernization, which has been a problem. Councilman Semrau asked staff to discover whether "remodeled" units, like at Galena and Main, are the same size or larger. Councilman Semrau suggested this might be restricted on footage, replacement but at only X times as large before mitigation kicks in. Councilwoman Richards said she would agree to property owners also taking advantage of unbuilt FAR and that could be where some affordable housing is added. All in favor, motion carried. RESOLUTION//98, SERIES OF 2003 - COWOP Recommendation Burlingame Ranch PUD Mayor Klanderud said there is a work session scheduled on Burlingame Ranch housing on December 9th. Mayor Klanderud said it makes more · sense to discuss this resolution in conjunction with other decisions regarding Burlingame, like infrastructure and whether anything will be built on Burlingame. Councilman Semrau moved to continue Resolution//98, Series of 2003, to December 9; seconded by Councilman Torre. All in favor, motion carried. Reeular Meetin~ Aspen City Council October 27, 2003 RESOLUTION #90~ SERIES OF 2003 ± KnollwOod Annexation John Worcester, city attorney, said the applicants have asked this be continued. Councilman Paulson moved to continue Resolution #90, Series of 2003, to December 8; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #99, SERIE~q OF 2003 _ South 7th and Hopkins Annexation John Worcester, city attorney, told COuncil the city and county engineer are meeting to discuss changing the annexation map. Staff requests this be continued to get a correct map. Councilman Torre moved to continue Resolution #99, Series of 2003, to November 10; seconded by Councilman Paulson. All in favor, motion carried. Councilman Paulson moved to go into executive session at 6:10 p.m. pursuant to C.R.S. 24-6-402(4)(a) for the purpose of discussing property acquisition to discuss the pre-annexation agreement for Zoline, the update from counsel on Smuggler and an update on staffnegotiations on Little Ajax; seconded by Councilwoman Richards. All in. favor, motion carried. Councilman Semrau moved to come out of executive session at 7:35 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to adjourn at 7:35 p.m.; seconded by Councilman Semrau. All in favor, motion carried. Kathryn S. Koch, City Clerk 7