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HomeMy WebLinkAboutminutes.council.20040419Regular Meeting Aspen City Council April 19, 2004 ASPEN YOUTH COUNCIL REPORT ................................................................... 2 CITIZEN PARTICIPATION ...................................................................................... 2 COUNCILMEMBER COMMENTS ........................................................................ 2 CONSENT CALENDAR ............................................................................................ 3 · Resolution #37, 2004 - Construction Contract - Wheeler - First Floor ................. 3 · Resolution # 31, 2004 Investment Policy ............................................................ 3 · Resolution #33, 2004 - Golf Course Restaurant Lease .......................................... 3 RESOLUTION # 32, 2004 Wheeler Lease - Bentley's ................................... 3 RESOLUTION #35, 2004 Wheeler Lease - Aspen International Art .......... 3 REQUEST FOR FUNDS - The Viemam Wall Exhibit ....................................... 4 ORDINANCE #12, SERIES OF 2004 Yield to Buses ..................................... 4 ORDINANCE # 10, SERIES OF 2004 - 517 Park Circle Wagar PUD Amendment ...................................................................................................................... 5 RESOLUTION #34, SERIES OF 2004 Contract Aspen Highlands Trail... 7 RESOLUTION #36, SERIES OF 2004 Senior Services IGA ........................ 7 RESOLUTION #38, SERIES OF 2004 - Obermeyer Assignment Parking Lease ......................................................................... i ........................................................ 8 Regular Meeting Aspen City Council April 19~ 2004 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Paulson, Richards, Semrau and Torre present. ASPEN YOUTH COUNCIL REPORT Alina Robert, Julia Young, Wes Graham and Tristan Mahaffey, representing the Youth Council reported to Council their mission is to get the youth voices heard and to get youth involved in projects in the community. The Youth Council sponsored a dance in April that was attended by school students throughout the valley. The Youth Council is awarding two scholarships to seniors. The current members will recruit as many high school students for the Youth Council as possible so there is some continuity. The Youth Council will also award grants to be used fro cultural or recreational efforts to a total of $1,000. They will coordinate with Rock the Vote and will conduct a voter registration drive. CITIZEN PARTICIPATION 1. Toni Kronberg said one of her goals is to get a swimming pool system throughout the valley. Glenwood Springs just started their pool and the Town of Snowmass Village is planning for their pool. Ms. Kronberg asked if there is a plan for the Zupancis property on Main street if the fire department does not use it. Council said there have been no discussions beyond those with the fire department. Ms. Kronberg noted the AACP, the Library Master plan, the Civic master plan all stress Galena street as a pedestrian corridor between the river and the mall. Ms. Kronberg said there is a proposal to put parking on the library plaza. COUNCILMEMBER COMMENTS 1. Councilman Paulson asked Council if they were willing to reconsider their vote on the visitor center. No one who voted with the majority indicated they were willing to reconsider. Mayor Klanderud noted all 5 Council were elected by the public at large to make difficult decisions. Mayor Klanderud said she would not recommend a system where everything goes to the voters. 2. Steve Barwick, citymanager, requested Council add Resolution #38, Obermeyer Assignment of Parking Lease, to the agenda. Regular Meeting Aspen City Council April 19~ 2004 CONSENT CALENDAR Councilman Torre requested Resolution # 32, 2004 - Wheeler Lease Bentley's, Resolution #35, 2004 Wheeler Lease Aspen International Art; Request for Funds - The Vietnam Wall Exhibit be taken off the consent calendar. Councilman Paulson moved to adopt the consent calendar as amended; seconded by Councilman Semrau. The consent calendar is: · Resolution #37, 2004 - Construction Contract- Wheeler - First Floor · Resolution # 31, 2004 - Investment Policy · Resolution #33, 2004 - Golf Course Restaurant Lease All in favor, motion carried. RESOLUTION # 32~ 2004 - Wheeler Lease - Bentley's RESOLUTION #35, 2004 Wheeler Lease Aspen International Art Councilman Torre stated his concern is that the lease rates increased 30% for Bentley's and 25% for Aspen International Art. Randy Ready, assistant city manager, said staff proposed a 5-year lease extension, which will coincide with the completion of the Wheeler master plan.. Ready told Council staff worked with a real estate broker to establish rents that are reasonable to the tenants yet uphold the city's responsibilities as property owners. Bentley's rent had been going up by the cpi but had not been keeping up with the market. Councilman Torre said he is surprised the city is raising rents by so much when this is a cooperative arrangement. Councilwoman Richards asked about outside seating for Bentley's and if it is part of the lease. Ready said Bentley's is ordering the fencing and the tables. Councilwoman Richards said these leases seem reasonable in light of the city's responsibility to the Wheeler fund and to the taxpayers. Pascale said she was shocked by the increase because it is difficult to stay in business in Aspen. Pascale said she is happy to work with the city and make something good for both parties. Councilman Torre said Council brings up the issue of landlords always raising the rents and now the city is doing it. 3 Regular Meeting Aspen City Council April 19, 2004 Ready said there is market justification for higher rents than these two tenants are currently paying. Councilwoman Richards moved to approve Resolutions #32 and 35, Series of 2004; seconded by Councilman Semrau. All in favor, motion carried. REQUEST FOR FUNDS - The Vietnam Wall Exhibit Councilman Torre said this request is for $1815 in cash and other in-kind contributions and Council should discuss this request. Randy Ready, assistant city manager, said the $1815 is a request from contingency; the majority of the rest of the request is parks fee waiver. Councilwoman Richards said this event has gathered momentum from volunteers, staff and citizens. Councilman Torre said the event is in a month and Council may feel like they do not have a choice; the process could have been done better. John Hoepfer, representing ~the Vietnam Wall exhibit, told Council it usually takes two years to get on a list to have this traveling exhibit, which gives communities ample time to pull all the pieces together. Hoepfer said they have only had 4 months to organize this. Councilman Semrau noted the reason Council has a contingency fund is for last minute requests. Councilman Semrau said it is fabulous to bring the Vietnam Wall to Aspen. Councilman Torre asked about the impact to Rio Grande park. Tom Rubel, parks department, said there would not be a big impact. Councilman Torre moved to approve a request for $1815 from contingency; seconded by Councilman Semrau. All in favor, motion carded. ORDINANCE #12, SERIES OF 2004 Yield to Buses Councilman Torre moved to read Ordinance #12, Series of 2004; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE NO: 12 SERIES OF 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADDING A SECTION 713, YIELDING TO TRANSIT VEHICLE, TO THE MODEL TRAFFIC CODE, REQUIRING A VEHICLE TO YIELD THE RIGHT OF WAY TO A TRANSIT VEHICLE 4 Regular Meeting Aspen City Council April 19~ 2004 TRAVELING IN THE SAME DIRECTION THAT HAS SIGNALED AND IS REENTERING THE TRAFFIC FLOW. Randy Ready, assistant city manager, reminded Council this is a recommendation from the S-curve task force. Councilman Paulson moved to adopt Ordinance #12, Series of 2004, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Torre, yes; Paulson, yes; Richards, yes; Semrau, yes; Klanderud, yes. Motion carried. ORDINANCE #10~ SERIES OF 2004 - 517 Park Circle Wagar PUD Amendment Scott Woodford, community development department, said this request is to subdivide an existing duplex lot into two single-family lots and to construct two single-family residences. The PUD amendment is to establish smaller than required minimum lots sizes. The R-15 zone district requires a minimum 15,000 square foot lots and this proposal is for 11,000+ square foot lots. There is also a request to reduce the front yard setback from 25 feet to 10 feet and the north side setbacks from 10 to 5 feet. The applicants would like to move the building envelopes toward area without houses. Staff supports the request for reduced setbacks. Staff recommends the applicant take the FAR from the existing duplex and divide in half for the two new single families; this would be an FAR of .26:1. The applicant requests to use the FAR from the zone districts based on the lot sizes, which would be a .36:1 FAR. P&Z suggests an FAR of .3:1. Stan Clauson, representing the applicant, told CounCil the two owners propose to split the duplex and the lot and construct two single familv houses. The land to the north is owned by Pitkin County and subject to a ground easement to Rich Wagar. It made sense to shift the parcels to the north and give a greater setback on the south side. Clauson noted the applicants will be installing sidewalks along their property. Clauson said the applicants agreed with staff recommendation except for the FAR. Clauson pointed out the underlying zoning has a sliding scale for the R-15 zone district. Clauson said the FAR was .reduced for steep slopes on the south Regular Meetin~ Aspen City Council April 19~ 2004 side. This results in 4,098 square feet total FAR, which would be based on the code. Michael Fuller, architect, showed Council the plans for one of the houses on the south lot. Fuller said they will use completely environmental products. Woodford said the duplex is 5770 square feet. Councilman Semrau asked if Council approved a larger FAR, would staff agree this meets the goal of the AACP. Woodford said staff feels two buildings create a larger mass than what was on the property, and this would not meet the goals of the AACP. These lots are smaller that minimum lot allowed in the R-15 zone. Woodford said the chart for R- 15 FAR indicates the largest FAR would be 4098 square feet. P&Z's logic was that a minimum size lot in R-15 is allowed an FAR of .3:1. Woodford told Council a duplex on this lot would be allowed 4800 square feet and one single family on 23,000 square feet lot would be about 4020 square feet, which is a. 19 FAR. Clauson noted the sliding scale decreases with lot sizes over 15,000 square feet. The existing duplex was an existing non-conforming structure. Councilman Paulson asked if a sidewalk is required in the neighborhood. Steve Barwick, city manager, said Council has adopted a master plan for sidewalks and staff will make sure this area is included. Rich Wagar noted the parking lot to the north makes this prope'rty look like it is 28,000 square feet. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards stated she prefers either staff' s recommended FAR or the P&Z compromise. Councilwoman Richards noted that the applicant's proposed FAR for two single family houses is about 2400 square feet larger than what is on the property currently. Councilwoman Richards said she does not find a community benefit in allowing enough square footage for a third house: Councilwoman Richards said the P&Z's compromise is about 600 square feet larger, with which she would agree, but cannot go with a 40% higher FAR. Councilman Semrau asked if subgrade space will be allowed outside this FAR. Woodford said staff' s intention is that the structures have to meet the definition of FAR in the code, which will allow subgrade space as long as it is completely subgrade. Councilman Semrau agreed he does not want to Regular Meeting Aspen Ci,ty Council April 19, 2004 grant a large FAR bonus for a lot split and would support P&Z's compromise. Councilman Semrau moved to adopt Ordinance #10, Series of 2004, on second reading, adopting the P&Z recommendation of an allowable FAR of .3:1 and to have staff confirm the sidewalk requirement with the master plan for this area; seconded by Councilwoman Richards. Roll call vote; Councilmembers Torre, no; Richards, yes; Paulson, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #34, SERIES OF 2004 Contract Aspen Highlands Trail Scott Chi sm, parks department, told Council staff has been working for several years to connect the base of Highlands to the Iselin tennis courts by a trail. Chism presented renderings of the proposed trail. The project was bid this winter and in an effort to minimize the construction costs, the contract was separated into work to be done in-house and by a general contractor. Chism told Council the bid prices came in over the budget. Staff presented these costs to the city and county open space boards, who are funding this project. The open space boards recommended approving supplemental funding of $122,000 each. This leaves a portion of the trail owned by Aspen Highlands metro district unfunded. Chism recommended that piece of trail be funded by the private property owner. Chism said staff is asking Council for approval of the open space appropriation of $122,000 as well as approval of the construction contract for segments 2 and 3. These segments entail two pedestrian bridges Councilman Paulson moved to approve Resolution #24, Series of 2004; seconded by Councilman Torre. All in favor, motion carded. RESOLUTION #36, SERIES OF 2004 - Senior Services IGA Paul Menter, finance director, said this approves a funding agreement between the city and Pikin County to fund senior services. Menter told Council historically this has been funded through the human services grant review process. The grant committee recommended this be funded through an IGA rather than through the competitive grant review process. Council retains approval on an annual basis through the budget review process. 7 Regular Meeting Aspen,City Council April 19,.2004 Councilman Torre moved to approve Resolution #36, Series of 2004; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #38, SERIES OF 2004 Obermeyer Assignment Parking Lease JOhn Worcester, city attorney, told Council this is a request from Obermeyer to have the city consent to the assignment of parking lease. Worcester said he does not see any difficult in doing this; there is no downside to the city. Councilman Semrau moved to approve Resolution #38, Series of 2004; seconded by Councilman Paulson. All in favor, motion carried. Councilman Paulson moved to go into executive session at 6:45 p.m. pursuant to C.R.S. 24-6-402(4)(f) personnel matters; 24-6-402(4)(b) consult with counsel on legal matters; and 24-6-402(4)(a) acquisition of real property including Shadow Mountain; seconded by Councilman Semrau. All in favor, motion carried. Councilman Torre moved to come out of executive session at 8:10 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Torre moved to adjourn at 8:10 p.m.; seconded by Councilwoman Richards. All in favor, motion carded. / - Kafr~'-S.4~ochl City Cler~ 8