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HomeMy WebLinkAboutminutes.council.20040223Regular Meeting Aspen Ci,ty Council February 23,200~ CITIZEN PARTICIPATION ........................................................................ . ............... 2 COUNCILMEMBER COMMENTS ........................................................................ 3 CONSENT CALENDAR ............................................................................................ 3 · Resolution #12, Series of 2004 - Phase 2-1 Cemetery Lane Trail Contract .......... 3 · 'Minute. s - February 9, 2004 .................................................................................... 3 FIRST READING OF ORDINANCES ................................................................... 3 · Ordinance #5, 2004 - Amending Wheeler Opera House Board of Directors ........ 4 · Ordinance #4, 2004 - Visitors' Center COWOP .................................................... 4 RESOLUTION #13, SERIES OF 2004 ' Maroon Creek Road Annexation.. 6 SPRING JAM SPECIAL EVENT REQUEST ....................................................... 6 RESOLUTION #14, SERIES OF 2004 Lease With Mountain Rescue ........ 7 Regular Meeting Aspen City Council February 23, 2004 Mayor Klanderud called the meeting to order at 3:35 p.m. with Councilmembers Torre, Semrau, Paulson and Richards present; County Commissioners present Jack Hatfield, Shellie Roy, Dorothea Ferris and Mick Ireland; County Open Space Board members Ann Rickenbaugh, Rick Neiley and Tom Cardamone also on the City Open Space Board and Howie Mallory and Craig Ward, City Open Space Board. Councilwoman Richards moved to go into executive session pursuant to C.R.S. 24-6-402(4)(a) to discuss potential property acquisition - Smuggler Mountain; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to come out of executive session at 5:05 p.m.; seconded by Councilman Semrau. All in favor, motion carded. Mayor Klanderud called the meeting to order, at 5:10 p.m. with Councilmembers Torre, Semrau, Paulson and Richards present. CITIZEN PARTICIPATION 1. Blake Hull said he would like to comment on first reading of Ordinance #4, Series of 2004, Visitors' Center COWOP. Mayor Klanderud said generally Council does not take public comment at first reading; however Hull will be allOwed to comment. 2. Chuck Caldwell, president Galena Lofts Association, said he, too, would like to comment during Ordinance #4 discussion. 3. Toni Kronberg stated she wants to comment on Ordinance #4. Ms. Kronberg noted there is an ARC advisory committee meeting March 3. One of the discussion items is the swimming pool policy. Ms. Kronberg said parents are upset because they have to pay to enter the facility and watch their children swim. Ms. Kronberg invited Council to attend the ARC advisory meeting March 3. Ms. Kronberg asked when the Aspen Area Community Plan update is scheduled. Julie Ann Woods, community development department, said the plan is to be updated every 5 years; however, Council has the authority to extend that time period. Ms. Woods said if Council wants this readopted in 2005, staff will have to add it to their 2004 work plan. Mayor Klanderud suggested Council address this issue during scheduling. 2 Regular Meeting Aspen City Council February 23' 200a Ms. Kronberg said there have been complaints about the recycling center being muddy and difficult to get to. Randy ReadY, aSsistant city manager, told Council tomorrow the recycling bins are being relocated and road base is being put dOwn. If there are complaints, these should be addressed to the city manager's office. 4. Wayne Ethridge asked Council if they are going to discuss the automobile emission program. Mayor Klanderud said Council will discuss this in their comments. COUNCILMEMBER COMMENTS 1. Mayor Klanderud noted the Airport Master Plan is being presented at the department head meeting tomorrow at 9:30 a.m. for any Council that has not seen the presentation. 2. Councilman Paulson requested a work session on the automobile emission program be added at the end of this meeting. Councilman Paulson said time is of the essence because local garages may be getting rid of their testing equipment. Council agreed to a work session following this meeting. 3. Councilwoman Richards announced the CAST meeting with the state legislators is March 25 in Denver. This is for all elected officials who are interested, not just CAST members. CONSENT CALENDAR Councilman Semrau moved to approve the consent calendar; seconded by Councilman Paulson. The consent calendar is: · Resolution #12, Series of 2004 Phase 2-1 Cemetery Lane Trail Contract · Minutes - February 9, 2004 All in favor, motion carried. FIRST READING OF ORDINANCES Councilman Semrau moved to read Ordinances #5 and 4, Series of 2004; seconded by Councilman Torre. All in favor, motion carried. Regular Meetin~ Aspen City. Council February 23~ 2004 Ordinance #5, 2004 - Amending Wheeler Opera House Board of Directors Ordinance #4, 2004 Visitors' Center COWOP ORDINANCE NO. 5 (Series of 2004) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, REPEALING ORDINANCE NO. 10 (SERIES OF 1982)AND ORDINANCE NO. 63 (SERIES OF 1992) AND RE-ENACTiNG AN ORDINANCE TO CHANGE THE COMPOSITION AND POWERS AND DUTIES OF THE BOARD OF DIRECTORS OF THE WHEELER 'OPERA HOUSE ORDINANCE #4 (Series of 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING FINAL LAND USE APPROVALS AND' G~NTiNG A DEVELOPMENT ORDER FOR THE VISITOR CENTER COWOP PROJECT, ON LAND OWNED BY MILLENNIUM PARTNERSHIP, LLC, ON THE NORTHWEST CORNER OF GALENA AND MAIN STREET, 426 EAST MAIN STREET, AND LEGALLY DESCRIBED AS UNIT lA GALENA PLAZA CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Councilwoman Richards moved to adopt Ordinance #5, Series of 2004, on first reading; seconded by Councilman Torre. Mayor Klanderud noted the ordinance requires that the Youth Council nominate two high school students. Mayor Klanderud suggested if they are not meeting regularly that high school students can apply through the city clerk's office. Mayor Klanderud said it might be appropriate to have applications from Basalt High School. Mayor Klanderud recommended the high school representative be one year terms as a senior would only have one year. Council agreed with these amendments. Councilwoman Ri chards suggested notice of this board position be sent to the school administrator's office. 4 Regular Meetin~ Aspen City Council February 23, 2004 Roll call vote; Councilmembers Semrau, yes; Torre, yes; Paulson, yes; Richards, yes; Mayor Klanderud, yes. Motion carded. Councilman Paulson moved to adopt Ordinance #4, Series of 2004, on first reading; seconded by Councilwoman Richards. Blake Hull, resident of adjacent building and COWOP member, reminded Council it was agreed during the COWOP process that the developer would add one story to the building. Hull said the plans now show a two-story addition. Mayor Klanderud said she remembers an overall height requirement. Hull asked from where the building is being measured, from its most restrictive point to 40 feet or from street level to 40 feet. Hull said they were not allowed to measure their building from street level to 40 feet. Hull said if the new building uses the most restrictive point, it is not possible to add two stories without a variance. Chris Bendon, community development department, said the discussion at COWOP about adding one story was to have two-story residence lofts, in effect a three-story building. Bendon said he will address that and the point from which to measure the building at second reading. Hull reiterated the developer agreed at the COWOP meetings that he would only add one story to this building. Chuck Caldwell, president of Galena Lofts, told Council they have retained legal counsel to review the guidelines that this process has gone through. Caldwell said he would also like to make sure the city will carry out'what it has said it will do through the process. Caldwell asked if they can review the plans at the public hearing. Mayor Klanderud said they will be able to. Bendon said there will be a full 'presentation at the public hearing. Caldwell said there are concerns about the conceptual designs with the dimensions. Caldwell noted this is a mixed use building and there are not a lot of regulations for this type of building. Caldwell stated this will be precedent setting because of the mixed use of the building. Caldwell said if Council feels this is the best location for a visitor's center, it needs to be the best building it can be for the benefit of the community. Toni Kronberg said she does not think people are opposed to a visitors' center but may be opposed to a three-story building in this location and removal of trees. Regular Meeting Aspen Ci.ty Council February 23, 2004 Councilwoman Richards requested the minutes of the COWOP minutes be attached to the Council packet for second reading Roll call vote; Councilmembers Torre, yes; Paulson, no; Semrau, yes; Richards, yes; Mayor Klanderud, yes. Motion carded. RESOLUTION #13, SERIES OF 2004 - Maroon Creek Road Annexation John Worcester, city attorney, told Council this is the second step in the annexation process and is to make sure the proposed annexation complies with certain state statues. Mayor Klanderud opened the public hearing. City Clerk Kathryn Koch reported the public notice was given, that there is no other annexation proceeding for this property. Worcester told Council there is 1/6 contiguity, a community of interests exists, 100% of the property owners consented to the annexation and this will not extend the city boundary more than 3 miles. Julie Ann Woods, community development department said the proposed annexation is consistent with the Aspen Area Community Plan annexation element. Worcester said this matter will come back before Council in ordinance form. Mayor Klanderud closed the public hearing. Councilman Semrau moved to approve Resolution #13, Series of 2004; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards said she would like to see the detailed reasons why staff is opposing this annexation. SPRING JAM SPECIAL EVENT REQUEST Nancy Scheinkman, representing the Aspen Skiing Company, told Council this request is for a Core Party March 20th during Spring Jam. The idea is to create a nightclub venue in the downtown core. The band is a 14-person hip hop group, Wyld Bunch. There will be 12 by 10 foot panels wrapped in viscuine, painted and lit for special effects. Ms. Scheinkman told Council she delivered notices of the event to all tenants on 400 and 500 East 'Cooper Regular Meeting Aspen City'Council February 23, 2004 and on Galena. Two businesses objected to the parking being eliminated for all of Saturday. Ms. Scheinkman said she worked with city staff on a way to have parking on Galena and Cooper available until 5 p.m. The Skiing Company will have on-site staff to alert people there car would be towed after 5 p.m.; they will sign the area, and they will pay for any tows. The requests from Council are to allow noise from 9 p.m. to midnight, to allow a Budweiser blow up television and some sponsor booths within the venue. Councilwoman Richards suggested that the security make sure there is a zone around the front of the stage so that people do not get crushed. Councilwoman Richards said she would also like that any local businesses within the venue be allowed to have food booths. Ms. Scheinkman Said she contacted 3 restaurants on the Cooper block, none of who were interested. Skiing Company Environmental Fund will sponsor the beer garden and the food will be provided by Domino's Pizza. Ms. Scheinkman said she will contact Paradise Bakery to see if they will do hot drinks. Councilman Semrau moved to approve the request from the Aspen Skiing Company to have a Core Party Saturday March 20 from 9 p.m. to midnight and to have the Budweiser blow up and the sponsor tents; seconded by Councilman Torre. All in favor, motion carried. RESOLUTION #14, SERIES OF 2004 Lease With Mountain Rescue John Worcester, city attorney, noted all the past leases with Mountain Rescue have been for 5 years. Mountain Rescue would like a 20 year lease and earlv termination is only with cause. Worcester drafted a 20-year lease with a 180 day termination notice by either party. O'Leary requested Council consider a 20-year lease. Mountain Rescue is a volunteer organization and all the funds raised from donations go toward operation and training. Mountain Rescue would like a comfort level that they would not have to look for another location for at least 20 years. Mayor Klanderud said this is an organization that provides a service to this community and she does not have a problem with a 20-year lease. Councilwoman Richards asked that Mountain Rescue supply a copy of their insurance for the file. Councilwoman Richards said there is a recommendation from the S-curve task force that no parking be allowed on the north side of Main street from 3 to 6 p.m. and asked if that would affect Regular Meeting Aspen City Council February 23~ 2004 the operations of Mountain Rescue. Hugh Zucker said their meetings are after 6 p.m. and if there is a mission, they will park on the side streets. Councilman Paulson moved to adopt Resolution. #14, Series of 2004, a 20- year lease with Mountain Rescue and early termination only for cause; seconded by Councilman Torre. All in favor, motion carried. Councilman Paulson moved to go into executive session at 6:20 p.m. pursuant to C.R.S. 24-6-402(4)(a) potential property acquisition dealing with Smuggler and 24-6-402(4)(b) advice from counsel; seconded by Councilman Torre. All in favor, motion carried. Councilman Semrau moved to come out of executive session at 6:50 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Semrau moved to adjourn at 6:50 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathry~ S.koch, City Clerk ' 8