HomeMy WebLinkAboutminutes.council.20031124Regular Meeting Aspen City Council November 24, 2003
CITIZEN PARTICIPATION ...................................................................................... 2
COUNCILMEMBER COMMENTS ........................................................................ 2
CONSENT CALENDAR ............................................................................................ 2
· Resolution #105, 2003 - Urging Full Funding for Land and Water Conservation
Fund ................................................................................................................................ 3
· Resolution #106, 2003 - Contract Approval for the Purchase of Fitness Equipment
3
· Resolution #104, 2003 - Accessibility to Services, Programs and Activities ........ 3
· Resolution #108, 2003 - IGA with Snowmass Village Electrical Inspection ........ 3
· Minutes -November 10, 2003 ................................................................................ 3
RESOLUTION #107, 2003 - Contract - ACRA Marketing .............................. 3
FIRST READING OF ORDINANCES ................................................................... 4
· Ordinance #59, 2003 - Adoption of International Building Code .......................... 4
· Ordinance #60, 2003 - Amending Model Traffic Code ......................................... 4
· Ordinance #62, 2003 - Supplemental Appropriations ............................. i .............. 4
· Ordinance #61, 2003 - Little Red Ski Hans Timeshare ......................................... 4
ORDINANCE #21, SERIES OF 2003 -Little Ajax Subdivision ..................... 5
ORDINANCE #22, SERIES OF 2003 - Little Ajax Annexation ..................... 5
ORDINANCE #45, SERIES OF 2003 - Aspen Highlands Village PUD
Amendment ..................................................................................................................... 5
ORDINANCE #55, SERIES OF 2003 - Code Amendment - Definition of
Demolition; Measurement of Roof Heights ............................................................ 6
ORDINANCE #51, SERIES OF 2003 - Code Amendment Residential
Multi-Family Replacement ....... i ................................................................................ 7
RESOLUTION #99, SERIES OF 2003 - South 7th and Hopkins Annexation
Regular Meeting Aspen Cit~ Council November 24~ 2003
Mayor Klanderud called the meeting to order at 5:00 p.m. with
Councilmembers Semrau, Paulson, Richards and Tone present.
CITIZEN PARTICIPATION
There were no comments
COUNCILMEMBER COMMENTS
1. Mayor Klanderud congratulated Wills Pember and Susannah Reid for
receiving another award this year for their project at Wagner Park. The AIA
Western Mountain Region gave this design award.
2. Mayor Klanderud noted it is Thanksgiving week and we should all be
thankful for the snow, the cold, and the beautiful place in which we live.
3. Councilman Paulson said he just got back from the Caribbean; it was
95 degrees there: Councilman Paulson said the overwhelming comment
from there was they need more people.
4. Councilman Torre said there is an art opening at the Red Brick with 3
artists, and an opening December 11 of all the Red Brick resident artists.
5. Kathryn Koch, city clerk, gave Council copies of the new, colored,
professional special event application.
6. Mayor Klanderud announced that construction will begin soon at the
Grand Aspen. There is a construction trailer parked at the Silver Circle ice
rink; which is on their private property.
CONSENT CALENDAR
Councilman Semrau requested Resolution #107, ACRA Marketing Contract,
be removed for discussion.
Councilman Semrau moved to approve the consent calendar as amended;
seconded by Councilwoman Richards. The consent calendar is:
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Regular Meetin~
Aspen City Council
November 24, 2003
· Resolution #105, 2003 - Urging Full Funding for Land and Water
Conservation Fund
· Resolution #106, 2003 - Contract Approval for the Purchase of
Fitness Equipment
· Resolution #104, 2003 - Accessibility to Services, Programs and
Activities
· Resolution #108, 2003 -IGA with Snowmass Village Electrical
Inspection
· Minutes November [0, 2003
All in favor, motion carried.
RESOLUTION #107, 2003 - Contract - ACRA Marketing
Councilman Semrau said it was the intent of Council to give ACRA a moral
3-year commitment but to reserve the right for annual review of the
marketing budget. Randy Ready, assistant city manager, noted Section 4
requires that a detailed marketing and expense budget be submitted annually.
Councilman Semrau said the last sentence states the city shall not
unreasonably restrict or reallocate the program budget as submitted by
ACRA. David Hoefer, assistant c~ty attorney, suggested inserting that the
city reserves the right to review the marketing program and budget Hoefer
said the second to last sentence in Section 4 can be deleted. Councilman
Semrau said Council reserved the right to review the contract each year.
Ready reminded Council when this funding for this was passed, the city said
they would not use these funds other than for marketing purposes. Council
agreed to delete the second to last sentence in Section 4.
Councilman Semrau moved to adopt Resolution #107, Series of 2003,
deleting the sentence in Section 4; seconded by Councilwoman Richards.
All in favor, motion carried.
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Regular Meetin~
Aspen City Council
November 24~ 2003
FIRST READING OF ORDINANCES
· Ordinance #59, 2003 - Adoption of International Building Code
· Ordinance #60, 2003 - Amending Model Traffic Code
· Ordinance #62, 2003- Supplemental Appropriations
· Ordinance #61, 2003 - Little Red Ski Haus Timeshare
Councilwoman Richards moved to read Ordinances #59, 60, 61 and 62,
Series of 2003; seconded by Councilman Semrau. All in favor, motion
carried.
ORDINANCE NO 59
Series of 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ADOPTING 2003 EDITIONS OF CERTAIN
INTERNATIONAL BUILDING CODES, AMENDING
REQUIREMENTS, PROCEDURES AND CRITERIA FOR
CONSTRUCTION CONTRACTOR TESTING AND LICENSING.
ORDINANCE NO. 60, SERIES OF 2003
AN ORDINANCE REPEALING IN IT'S ENTIRETY SECTION 601 AND
ADOPTING IN REPLACEMENT A NEW SECTION 601 FOR THE 2003
EDITION OF THE "MODEL TRAFFIC CODE."
ORDINANCE NO. 61
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE
LITTLE RED SKI HAUS PLANNED UNIT DEVELOPMENT
AMENDMENT, SUBDIVISION, AND TIMESHARE APPLICATION ON
THE PROPERTY DESCRIBED AS LOT O AND THE WEST HALF OF
LOT P, BLOCK 69, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO
ORDINANCE NO. 62
(Series of 2003)
Regular Meeting
Aspen City CounciI
November 24, 2003
AN ORDINANCE APPROPRIATING AN INCREASE IN GENERAL
FUND EXPENDITURES OF $357,588, An INCREASE IN THE PARKS
FUND EXPENDITURES OF $103,652, AN INCREASE IN THE
AFFORDABLE HOUSING FUND EXPENDITURES OF $60,000, AN
INCREASE IN THE/DAY CARE FUND EXPENDITURES OF $24,600~
AN INCREASE IN THE KIDS FIRST FUND OF $77,862, AN INCREASE
IN THE DEBT SERVICE FUND OF $1,606,630, AN INCREASE IN THE
TRUSCOTT I FUND OF $2,249,197, AN INCREASE IN THE MAROLT
FUND OF $6,578,119, An iNCREASE IN THE HEALTH PLAN
EXPENDITURES OF $261,716, AND INCREASE TO THE
TRANSPORTATION FUND OF $15,000.
Councilman Semrau moved to adopt Ordinances # 59, 60, 61 and 62, Series
of 2003, on first reading; seconded by Councilman Paulson. Roll call vote;
Councilmembers Richards, yes; Torre, yes; Paulson, yes; Semrau, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #21, SERIES OF 2003 - Little Ajax Subdivision
ORDINANCE #22, SERIES OF 2003 - Little Ajax Annexation
Councilman Paulson moved to continue Ordinances #21~and 22, Series of
2003, to December 15, 2003; seconded by Councilman Semrau. All in
favor, motion carried.
ORDINANCE #45~ SERIES OF 2003 - Aspen Highlands Village PUD
Amendment
Sarah Oates, community development department, reminded Council at the
last public hearing they requested more information on the size of the signs
currently up at Highlands. Ms. Oates gave Council photographs of the
current signs, and a list of signs that comply or that are too large. Ms. Oates
said at the public hearing, Council agreed neon was not appropriate and that
should be deleted from the sign guidelines. Highlands has agreed to work
with staff when they re-write the city's sign code and to make any
adjustments necessary.
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Regular Meeting
Aspen City, Council NoVember 24, 2003
Councilwoman Richards pointed out it appears from the spreadsheet the
largest sign is 30 feet, much smaller than the reqUest 78 feet. Councilwoman
Richards asked if the 78 feet could be lowered. Bob Daniel pointed out a
sign, which is 41 feet and requested the maximum number be 50 feet to
allow for flexibility.
Councilwoman Richards moved to adopt Ordinance #45, Series of 2003, on
second reading; amending the guidelines to state that ~n no event shall the
signs be more than 50 feet and that neon not be allowed; seconded by
Councilman Semrau. Roll call vote; Councilmembers Torre, yes; Richards,
yes; Paulson, no; Semrau, yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #55, SERIES OF 2003 - Code Amendment - Definition of
Demolition; Measurement of Roof Heights
Chris Bendon, community development department, pointed out this
changes the definition so that the threshold of "demolition" occurs earlier.
Bendon said currently demolition occurs when one removes more than 50%
of the wall area of a building. This proposes to lower that to 40% and to
measure exterior surfaces, which would include the roof. The effect of this
change is that more of the original building is there under remodel. This
also requires structure of the building there when the wall areas are
measured. The ordinance has a new section outlining how to measure this,
lays out step by step the process, what is counted and what is not.
Roof heights section change the manner in which height of buildings is
measured. This applies in the CC, C-l, CL, NC and S/C/I/zones. The
office zone district has not been included. One measures the height at the
maximum height of the building, not at the mid-point of a sloped roof.
Bendon said in commercial zones, the traditional pattern is a flat roof and it
is inappropriate to have an incentive for peaked roofs. This does take away
some of the development rights in the current code.
Bendon told Council the code amendment provides an affordable housing
FAR bonus. Bendon reminded Council they earlier looked at changes in the
accessory dwelling unit/carriage house program. There is a FAR exemption
currently in the code. This does not count floor area of an ADU or carriage
house if the unit is deed restricted to the housing authority guidelines. This
code amendment proposes a bonus to how much floor.area one could add to
Regular Meeting
Aspen City Council
November 24, 2003
their property as an incentive for occupancy of the units. This is a 50% FAR
bonus.
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Councilwoman Richards asked if this FAR bonus has anything to do with
what category these units would be. Bendon said these would be category 3,
4, 5 and 6. Councilwoman Richards asked if staff has examples of what all
these bonuses could add up to. Bendon Said the maximum example would
be to build a 1200 square foot carriage house, which would not count in the
FAR, and the applicants could also receive a 600 square foot bonus for a
total of 1800 square feet extra on a parcel.
Councilwoman Richards asked how a "lot" for an ADU or carriage house
would be defined. Bendon said the owners Would have to file a
condominium plat to define the boundaries. Mayor Klanderud noted most
deed-restricted units are for sale units and suggested some of the smaller
units might be rental units. Bendon suggested staff explore the rental
options more, if Council is interested. Councilwoman Richards said she is
concerned about the potential of adding up to 1800 square feet on a parcel in
town and then having the issue of whether.or not ,the unit is rented become
an enforcement issue. Bendon said a category 4 one-bedroom unit would
rent for $1500/month and that may be more than employees are willing to
pay. Council agreed to have Bendon explore the rental options.
Councilman Semrau moved to adopt Ordinance #55, Series of 2003, on
second reading; seconded by Councilwoman Richards. Roll call vote;
Councilmembers Paulson, yes; Richards, yes; Torre, yes; Semrau, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #51, SERIES OF 2003 - Code Amendment Residential
Multi-Family Replacement
Chris Bendon, community development department, reminded Council they
continued this in order to address the definition of demolition (Ordinance
#55) first. Bendon said one issue with P&Z is that applicants ask they and
staff how to avoid replacement requirements. P&Z felt the city was
managing the process and not the product. Bendon said a developer with a
multi-family building is either going to keep the unit and bedroom mix or
Regular Meeting Aspen City Council November 24, 2003
not. This decision is based in part on the replacement requirements as well
as the marketability of the units. P&Z said they are more interested in
managing the density. P&Z discussed a maximum size of units in a
replacement project so that smaller rental units are not replaced with large
free market units. P&Z also discussed a way to have units be "locally
serving" and allow buildings to redevelop if they serve a local need. Bendon
said this would be difficult for staff to administer. Bendon pointed out with
the adoption of a new definition of demolition, more of the original building
will be required to remain.
Councilwoman Richards said it does not seem as if this code amendment
will generate any more affordable units than the existing code.
Councilwoman R/chards agreed it is important to have a mechanism to allow
older buildings be brought up to code. Bendon noted this code is not
currently producing affordable housing. Councilman Semrau said with the
new definition of demolition, one cannot keep two wails and rebuild.
Councilman Semrau said Council needs to be careful that they are not
making it impossible to renovate older buildings. Councilman Semrau said
the down side of not allowing renovation is worth the risk of the size of the
new units is limited.
Councilwoman Richards said this will shape redevelopment ofinfill in town
and she would like to see the city get back something out of redevelopment.
Councilwoman Richards said she would consider renovation of older units
with some assurance that all the units do not become second homes.
Councilwoman R/chards suggested continuing this while staff investigates
some strategies that may assure getting some affordable units. Mayor
Klanderud agreed Council has to look at the city's regulations to make sure
the result is what is intended. Councilman Semrau agreed that limiting the
footage may limit the price.
Bendon suggested alloWing applicants to expand the units by 30% and if the
overall FAR expands by more than 30%, a percentage of that expansion has
to be affordable units. Councilman Semrau agreed when the FAR exceeds
the percentage of expansion allowed, that would revert to the 60/40 split.
Councilwoman R/chards said if there is not a sliding scale, applicants will
stay one foot below the 30%, or whatever the number is. Bendon proposed
staff work on this suggestion and meet with developers to see how this may
work. Mayor Klanderud said Council is trying to get to an incentive for
developers to renovate deteriorating buildings and to provide affordable
Regnlar Meetin~
Aspen City Council
November 24, 2003
units. Councilman Semrau said if it is possible to allow renovation of units
that because of their size remain de facto affordable units, he would support
that. Another suggestion is to have developers provide a small percentage of
category units.
CoUncilwoman Richards moved to continue Ordinance #51, Series of 2003,
to January 26, 2004; seconded by Councilman Semrau. All in favor, motion
carried.
RESOLUTION #99, SERIES OF 2003 - South 7th and Hopkins
Annexation
Councilwoman Richards moved to continue Resolution #99, Series of 2003,
to December 8, 2003; seconded by Councilman Torre.
Councilman Semrau moved to adjourn at 6:35 p.m.; seconded by
Councilman Torre. All in favor, motion carried.
Kathryn S~Koch, City Clerk