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HomeMy WebLinkAboutminutes.council.20170626Regular Meeting Aspen City Council June 26, 2017 1 SCHEDULED PUBLIC APPEARANCES –HPC Annual Awards ............................................................. 2 CITIZEN COMMENTS ............................................................................................................................... 2 COUNCILMEMBERS COMMENTS .......................................................................................................... 2 BOARD REPORTS ...................................................................................................................................... 2 CONSENT CALENDAR ............................................................................................................................. 2 Resolution #96, Series of 2017 – Aspen Ice Garden Electrical Upgrades Change Order #001 ........... 3 Resolution #97, Series of 2017 – Replacement of Police Department radar trailers with messaging signs .............................................................................................................................................................. 3 Resolution #98, Series of 2017 – Public Safety Radio equipment replacement Construction Inc. ...... 3 Minutes – May 8, 22 and June 12, 2017 ............................................................................................... 3 ORDINANCE #20, SERIES OF 2017 – Harassing Dog Code Amendment ................................................ 3 ORDINANCE #19, SERIES OF 2017 – 211 W. Hopkins Avenue, Amendment to Ordinance #29, Series of 2009 .......................................................................................................................................................... 4 ORDINANCE #18, SERIES OF 2017 – Lots 12 and 12A of Callahan Subdivision; Minor Subdivision – Lot Split; Planned Development Amendment, and Removal of an ADU .................................................... 4 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Hauenstein, and Myrin present. Regular Meeting Aspen City Council June 26, 2017 2 SCHEDULED PUBLIC APPEARANCES –HPC Annual Awards Mayor Skadron said these are the 24th annual HPC awards. There are over 100 projects recognized through town. The first award tonight is given to 626 W Francis Street. It was built in 1964 as a duplex with swiss chalet and modern approaches. It was voluntarily landmarked and applauded by HPC. The architect is Kim Raymond Architects INC, contractor – Adam Rothberg and the developer is 626 W Francis LLC. The second award is for the powder house at 1280 Ute Avenue. They turned the old building into an office space. The owners are Pete Mcbride and Kate and Matt Holstein. The builder is Jim Jensen and the metalsmith is Brenton Curtis. Jeffrey Halferty from the HPC handed out the awards. Mayor Skadron thanked the winners for the community minded restoration projects that respected HPC and the community goals. CITIZEN COMMENTS 1. Tom Marshall- said there has been over 300,000 dollars spent on the last transportation study. We do this every few years and it is not right. Logically we will not run a light rail down Main Street. The gondola is out. The answer is the bus, whether it is gas or electric. We need a flexible transportation system. The only practical one is the bus. He also brought up the idea of taxing bicycles. 2. Toni Kronberg talked about the petition that was submitted and rejected due to failure to turn it in in a timely manner. COUNCILMEMBERS COMMENTS Councilwoman Mullins said she went to the CML conference in Breckenridge. Each of our communities are dealing with similar things. What is different is how they deal with them. It was a pretty valuable conference. Councilman Myrin said he agrees with Toni. If we are hesitant to put something on the ballot we should ask ourselves why. The Electric vehicle sales event ends this Friday. Go to garfieldcleanenergy.org for more information. Councils top ten list making session is July 27th and 28. Let council know what you want us to work on for the next two years. On the Wagner Park grass replacement, he would like to see the city contribute the 2 ½ weeks and the organizing entity contribute the cost to replace the grass. It is a big ask for the city. Our contribution is the time of the park being closed. Grizzly bridge access by the music tent is closed, is that public or private. Steve Barwick said he would look into this. The pedestrian mall workshop this past Saturday was well attended and a good event. Councilman Hauenstein stated after the November election his daughter came to him and told him about students fearful of their parents being deported. I came to council and asked for the police to make no extra effort to target people by the way they looked. I think it is important for us to state our beliefs from time to time. He read a proclamation stating Aspen as a city of tolerance and welcome. Mayor Skadron said today was the kick off of the music festival. He spoke at the event today. The IDEAS festival is also happening. BOARD REPORTS Councilwoman Mullins said the Board of Health has a new public health director and she is doing a great job. If you want to know more talk to Ann. There is a Bill right now in the house to digitize vaccination cards. CONSENT CALENDAR Reso #96 – Ice Garden electrical upgrades Regular Meeting Aspen City Council June 26, 2017 3 Councilman Hauenstein said there is a 30 percent contingency. It seems high. Does this change order make the Ice Garden and Red Brick carbon free. Jeff Pendarvis, asset, said it is a remodel to part of the system. In 2010 council directed staff to have an adequate contingency 25-30 percent to cover large projects. To go off of fossil to all electric we had the contingency and could have gone forward but we wanted to bring it back to you. We are trying to get to a policy decision. Councilman Myrin said this came out of a request I made. At some point the mechanical will need to be replaced. I don’t think there is any rush to abandon what is there. Councilman Hauenstein said he is totally in support of getting off of fossil fuels. Reso #97 – radar trailers Councilwoman Mullins asked how many and where will they be located. Bill Linn, police, said it is for two signs on trailers. Councilwoman Mullins said currently we have three. Mr. Linn said we are getting rid of the current third. We have budget next year for the third. Mayor Skadron said he finds the trailers necessary but distasteful. Councilman Myrin asked if they will comply with the new sign code. Jim True, city attorney, said he does not have an answer to that now. It is a legitimate question. It would have a provision for government advisory and direction signs. We would anticipate they would comply with how we design that. Councilman Myrin said the memo said several accidents happened with the last ones and people driving into them. Mr. Linn said we like to think since they are bright that won’t happen but we can’t control where people put their cars. • Resolution #96, Series of 2017 – Aspen Ice Garden Electrical Upgrades Change Order #001 • Resolution #97, Series of 2017 – Replacement of Police Department radar trailers with messaging signs • Resolution #98, Series of 2017 – Public Safety Radio equipment replacement Construction Inc. • Minutes – May 8, 22 and June 12, 2017 Councilwoman Mullins moved to adopt the Consent Calendar; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE #20, SERIES OF 2017 – Harassing Dog Code Amendment Mr. Linn said this code amendment will bring the current code in alignment with what Pitkin County currently enforces. This is a shortcoming in our code. The current code allows for us to intervene with vicious animals. If a dog bites or carries out violence on another person or animal. This is a gap between that. A good example would be for a runner or biker on a trail with a dog running after and biting at your ankles. Ginna Gordon, community response office, stated she has been working with the department for 8 months and this is a source of frustration for us. Only 20 percent of dog calls fall within the vicious dog ordinance. This is something we wanted to look at. Most ski towns have some type of dangerous dog ordinance. Councilman Myrin said the memo states it will protect wildlife. It seems like maybe little kids as well. Councilwoman Mullins asked where would the revenue go. Mr. Linn replied the same as any other fines, the general fund. Mayor Skadron said we are adopting the ordinance used by Pitkin County. Ms. Gordon said their code includes biting. Ours does not include that. Once a dogs bites someone it falls under vicious. Councilwoman Mullins move to read Ordinance #20, Series of 2017; seconded by Councilman Hauenstein. All in favor, motion carried. Regular Meeting Aspen City Council June 26, 2017 4 ORDINANCE NO. 20 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 6 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN – ANIMALS AND FOWL – TO ADD A NEW SECTION 6.08.190 ENTITLED: KEEPING A HARASSING DOG PROHIBITED. Councilman Hauenstein moved to adopt Ordinance #20, Series of 2017 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Myrin, yes; Hauenstein, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #19, SERIES OF 2017 – 211 W. Hopkins Avenue, Amendment to Ordinance #29, Series of 2009 Amy Simon, community development, stated this will amend the 2009 ordinance. This is a unique situation. There were many years of discussion about post war mid century resources and how the city would proceed with designation. In 2009 there was a process in place where a property could not proceed with work without taking a 90 day pause and talking to staff and Council about their plans and talking about options. The owners applied for a demo permit then approached Council. There was an agreement made that allowed the owners to keep the demo permit that would be valid for 10 years. This took pressure off them to remove the building. They never intended to remove it in the first place. The ordinance is about to expire in two years. They still would like the assurance that there is no pressure. They are proposing a change of another 10 years in validity for the demo permit. If action is taken to demo we are asking that another 90 day period be enacted. There is a provision if demo is not acted on Council could chose to involuntarily landmark the property. The applicant would like that removed. Councilman Hauenstein said the permit was originally issued to fend of Aspenmodern designation. Ms. Simon replied yes. Councilman Hauenstein asked is the Aspenmodern program all voluntarily. Ms. Simon replied yes. Mr. Hauenstein asked why would we not remove the involuntarily part. Ms. Simon said that is a good discussion for second reading. Mayor Skadron said this is for a permit extension and or other amendments. What are the other amendments. Ms. Simon said they did not suggest any. The extension is the easy way. Councilman Myrin Moved to read Ordinance #19, Series of 2017; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE NO. 19 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO ORDINANCE #29, (SERIES OF 2009) FOR THE PROPERTY LOCATED AT 211 W. HOPKINS AVENUE. Councilman Myrin moved to adopt Ordinance #19, Series of 2017 on first reading; seconded by Councilman Hauenstein. Roll call vote. Councilmembers Hauenstein, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #18, SERIES OF 2017 – Lots 12 and 12A of Callahan Subdivision; Minor Subdivision – Lot Split; Planned Development Amendment, and Removal of an ADU Ben Anderson, community development, told the Council the property is located in the Stillwater Ranch HOA and zoned R15. It is one parcel drawn and labeled as two lots. The current owners purchased the Regular Meeting Aspen City Council June 26, 2017 5 property as a single lot. The lot split requires three approvals; lot split, a minor planned development amendment to establish floor area and removal of an ADU. Second reading is scheduled for August 14. Councilwoman Mullins asked what housing mitigation was undertaken originally. Mr. Anderson replied lot 12A has a guesthouse and was vacant when purchased. When the building permit was submitted and completed an ADU was completed. Councilman Myrin said page 396 talks about the ADU being oversized. Is the .38 applied if is oversized or bigger. Mr. Anderson replied correct. When the 2000 PD amendment confirmed it as a single lot, based on the presence of the guest house, the balance of the floor area was assigned to the main house. The floor areas for each lot remain as it was for the 2000 PD. Councilman Myrin said at second reading he would like some clarity for what it would be under today’s code. Page 385 says it must always be sold together and never separately. That is what we are changing here. What was the reasoning behind that initially. Mr. Anderson said it was part of the initial subdivision agreement. Councilman Hauenstein asked if the ADU was ever used as employee housing. Mr. Anderson said he is not sure, it was never deed restricted. Mitch Haas, representing the applicant, said the ADU has been rented at times but it has never been deed restricted so we can never say if it was a qualified rental. Councilman Myrin moved to read Ordinance #18, Series of 2017; seconded by Councilwoman Mullins. All in favor, Motion carried. ORDINANCE NO. 18 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING REVIEWS FOR A MINOR SUBDIVISION – LOT SPLIT, A MINOR AMENDMENT TO A PLANNED DEVELOPMENT – PROJECT REVIEW AND THE REMOVAL OF AN ACCESSORY DWELLING UNIT FOR 1449 AND 1452 CRYSTAL LAKE ROAD, LEGALLY DESCRIBED LOT 12 AND 12A, CALLAHAN SUBDIVISION, ACCORDING TO THE PLAT RECORDED MAY 19, 1796 IN PLAT BOOK 5 AT PAGE 7, AND AMENDED FINAL PLAT AND DEVELOPMENT PLAN RECORDED AUGUST 17, 1977 IN PLAT BOOK 6 AT PAGE 16, AND PARCEL B, THAT CERTAIN PARCEL PLATTED AND DESCRIBED AS “OPEN SPACE FOR LOT 12A” ON THE FINAL PLAT OF CALLAHAN SUBDIVISION, RECORDED MAY 19, 1976 IN PLAT BOOK 5 AT PAGE 7, COUNTY OF PITKIN, STATE OF COLORADO. Councilman Myrin moved to adopt Ordinance #18, Series of 2017 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Mullins yes; Myrin, yes; Hauenstein, yes; Mayor Skadron, yes. Motion carried. Councilman Hauenstein moved to adjourn at 6:20 p.m.; seconded by Councilman Myrin. All in favor, motion carried. Linda Manning, City Clerk