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HomeMy WebLinkAboutminutes.council.20041025Regular Meeting Aspen City Council October 25, 2004 RECEIPT OF SPARC CONTRIBUTION ...i .......................................................... 2 CITIZEN COMMENTS.~ ............................................................................................. 2 COUNCILMEMBER COMMENTS .....' ..................................................... :. ............. 3 CONSENT CALENDAR · Resolution #104, 2004 Contract - Rio Grande Well Rehabilitation ................... 4 · Minutes - October 12, 2004 .................................................................................... 4 RESOLUTION #105, 2004 - Deed Restricted Foreclosure Reserve ................ 4 STREET CLOSURE REQUESTS - Aspen Skiing Company Concert ........... 5 RESOLUTION # 1'11, SERIES OF 2004 ~ SupPorting Amendment 35 .......... 5 ORDINANCE #35, SERIES OF 2004- Code Amendment Non-Conforming Structures ............................................................................................ .. ............................. 6 RESOLUTION # 106, SERIES OF 2004n Ext~r/~i0h' 0fVest~ed~Rights Boomerang Lodge ................................................................................. -. ........................ 7 RESOLUTION #108, SERIES OF 2004- H°wer Lawsuit Settlement ...........8 RESOLUTION # 109, SERIES O'F 2004.ZBar/X Fi~'2~exation Agreement 4th amendment ................................................................................................................. 8 SHORT LIST OF DESIGN TEAMS FOR'BURLINGAME VILLAGE ...... 10 RESOLUTION #107, SERIES OF 2004- Burlingame Lot 3 Name Change RESOLUTION # 110, SERIES OF 2004 -. Supporting RFTA Ballot Question .......................................................................................................................... 11 Regular Meeting Aspen City Council October 25, 2004 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, Semrau, Paulson and Richards present. RECEIPT OF SPARC CONTRIBUTION ' Beth Blackmer, SPARC, presented Council with a check for $1 million toward repayment of the city's loan for the ice rink. Ms. Blackmer told SPARC will continue to receive pledges through 2009. Ernie Fyrwald, SPARC, thanked Council for working on this project. Lots of people are enjoying the ice rink. CITIZEN COMMENTS 1. Scott MacDonald said he received a letter from Steve Barwick, city manager. There are two parts to that letter. The first part is about the constitutionality of the tree ordinance and it is the opinion of the city attorney that the tree ordinance is constitutional, based on findings across the county. MacDonald said he thinks that is an equivocation. This is constitutionality of an ordinance that extracts money from a homeowner for the removal of ornamental trees. MacDonald said he would like to review the minutes of the meetings and the annotations of the referenced court cases. MacDonald said the second part of the letter is a prevarication of the facts. MacDonald said after he received the letter, he took more pictures to prove that a tree had been removed illegally from 333 West Bleeker and the parks department erred in enforcing the existing tree ordinance. MacDonald contended the ordinance is subjective and counterproductive to any homeowner. MacDonald pointed out there was a meeting between parks staff, city manager and the developer of the property. The conclusion was that the tree in question was a damaged narrow leaf cottonwood and below the minimum code requirements. MacDonald stated he has pictures to prove this is not the case. MacDonald noted the mitigation for a-8" diameter tree would be about $1300. MacDonald stated the recollection of facts of these 4 people is wrong. MacDonald said he presented this issue to Council one and a half years ago and has been before 'Council 4 times to highlight this incongruity. MacDonald stated no homeowner should pay for a subjective mitigation fees for removal of ornamental trees they own in order to develop the property or to approve the aesthetics of the property. MacDonald said there is a lot at 220 West Hallam, where 29 trees were cut down. Regular Meeting Aspen City Council October 25, 2004 MacDonald said the process of assessing the ordinance, revising the ordinance and that he was stonewalled on the constitutionality and that the annotations of the state constitution were marginalized by the city attorney all are related to Burlingame and the Holland House, parking garage, the problem with petitions is that the Council does not have ability to manage staff. 2. Bert Myrin asked if the Silver Circle ice rink will be open this winter. Steve Barwick, city manager, said he has heard representations it will be open and will check with the owners. 3. Toni Kronberg invited everyone to Courmey's Halloween at the library plaza where there will be ghosts and goblins. Ms. Kronberg requested Council work to soften the streetscape in front of the Grand Hyatt, as one can no longer see the mountain. Ms. Kronberg asked if the public will be allowed to speak °n the action item about the pre-annexation agreement for Bar/X. Mayor Klanderud said she would take comments. COUNCILMEMBER COMMENTS 1. Mayor Klanderud announced that the last neighborhood meeting is Wednesday October 27 at 5:30 at the Aspen Square. Mayor Klanderud thanked staff and citizens who have attended the meetings this fall. 2. Mayor Klanderud said Thursday, October 28 is a Halloween party at the Lewis Ice Arena. On October 31 st, there is a Halloween party at the Wheeler Opera House at 3 p.m. 3. Councilwoman Richards reminded everyone early voting runs until Friday, October 29th; after that one will have to go to the polls on Tuesday, November 2nd. 4. Councilwoman Richards requested Council add to the agenda a resolution in support of amendment 35. Council agreed to add this at the end of consent agenda. 5. Councilman Semrau announced there is a meeting with the dwell architect group, Thursday, October 28 at 5 p.m.. Regular Meeting Aspen City Council October 25, 2004 6. Steve Barwick, city manager, asked that the Aspen Ski Company street closure request be pulled from the consent calendar. 7. Councilman ,Torre reported he attended the Red Brick board meeting. The main topic was the improvements to the west end of the building. The board is looking at costs and how they can move forward with the project. Steve Barwick, city manager, said the funding will be presented to Council at the budget wrap up. 8. Mayor Klanderud said the RFTA board discussed what will happen if the varioUs funding measures do not pass next week. In order to balance the 2005 budget, the valley routes will have service cut to 6 a.m. to 6 p.m. RFTA will meet after the election to determine where to go with this. Mayor Klanderud noted the consultants did a great job with the draft efficiency report. The services are all effiCient except for Woody Creek. CONSENT CALENDAR · Councilman Semrau requested Resolution #105,2004 - Deed Restriction Foreclosure Reserve be pulled from the agenda. Councilwoman Richards moved to approve the consent calendar as amended; seconded by Councilman Torre. The consent calendar is: · Resolution #104, 2004 -COntract- Rio Grande Well Rehabilitation · Minutes October l2, 2004 All in favor, motion carried. RESOLUTION #105~ 2004 - Deed Restricted Foreclosure Reserve Councilman Semrau said this is to set up a fund for affordable housing foreclosures. The resolution requires Council approve use of any of that funding and what is the purpose of this fund being set up. Paul Menter, finance director, said policy allows the city to set aside a restricted reserve within the housing development fund to be used only to assist APCHA to deal with foreclosures and keep the units from going to the free market. The housing office would have to ask Council for authority to use that money. 4 Regular Meeting Aspen City Council October 25, 2004 Menter said the resolution is to guarantee that there is always $200,000 available for this purpose. Councilman Semrau moved to approved Resolution #105, Series of 2004; seconded by Councilman Torre. All in favor, motion carried. STREET CLOSURE REQUESTS - Aspen Skiing Company Concert John Worcester, city attorney, told Council he was contacted by the owner of the parking lot at the comer of Hunter and Hyman that the lot may not be available for the concert. Garrett Brandt, representing the owner of the parking lot, said they put conditions in the use of the parking and the Ski Company has not agreed to these. Brandt told Council they would prefer Council not approve this until the conditions are worked out. Brandt said one issue is that all expenses of the owner be covered. David Laughren, representing the Aspen Skiing Company, told Council they could arrange the venue without the use of this parking lot. Laughren said he reached an agreement with the city's parking garage that anyone who leases space in these parking lots can park in the city's garage free of charge. Brandt said his client is in favor of this event; however, he does nor want to have any expenses. Laughren said the Ski Company does not know what the expenses may be and does not want to agree to open ended expenses. Mayor Klandemd noted last year the owner of the parking lot came forward on very short notice and helped make the concert possible. Mayor Klanderud suggested the two parties work this out and come back to Council before Council takes any action. Councilman Torre moved to continue this item to later on in the agenda; seconded by Councilman Semrau. All in favor, motion carded. RESOLUTION #111, SERIES OF 200a -'Supporting Amendment 35 Councilwoman Richards presented a Resolution supporting passage of amendment 35, which provide for a 64-cents/pack-tax increase. The estimated $75 million/year revenue will be to allocated to health care of uninsured residents, medically indigent and children, heart and lung cancer screening and anti-smoking programs. Councilwoman Richards said last year Colorado had to return to the federal government money for uninsured children because there was no money for a matching grant. This secures a 5 Regular Meeting Aspen City Council October 25, 2004 long term funding source. Councilwoman Richards noted the state legislature talked about using the tobacco settlement money to balance the budget. This does put a specific funding source in the constitution. Councilman Semrau moved to adopt Resolution #111, Series of 2004; seconded by Councilwoman Richards. Mayor Klanderud stated this is a good cause and the.suggesteduses for the money are absolutely necessary. Mayor Klanderud said Colorado is 49th in cigarette tax. Mayor Klanderud said this is the right idea but the wrong solution. It puts taxes into the constitution rather than having them passed legislatively. Mayor Klanderud said this amendment also names specific recipients. Mayor Klanderud suggested this should be taken care of by the people sent to the state legislature. All in favor, with the exception of Councilman Semrau and Mayor Klanderud. Motion carried ORDINANCE #35~ SERIES OF 200a - Code Amendment Non- Conforming Structures Councilwoman Richards moved to read Ordinance #35, Series of 2004; seconded by Councilman Semrau. All in favor, motion carried. Ordinance No. 35 (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE TEXT OF THE LAND USE CODE TO PERMIT ADDITIONAL DEVELOPMENT ON PROPERTIES CONTAINING AN ACCESSORY DWELLING UNIT AND WHICH ARE NON-CONFORMING WITH RESPECT'TO FLOOR AREA SECTION 26.312.030.C.3 OF THE CITY OF ASPEN LAND USg CODE NON- CONFORMING STRUCTURES. ' Councilman Semrau moved to adopt Ordinance #35, Series of 2004, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Torre, yes; Paulson, yes; Semrau, yes; Richards, yes; Mayor Klanderud, yes. Motion carded. 6 Regular Meeting Aspen City Council October 25~ 2004 Councilwoman Richards Said the mem° indicates there is disagreement on how to resolve this in getting FAR from existing lots or through the historic TDR program. Councilwoman Richards said at second reading, she hopes staff has eXPlored and will present using the historic TDRs and any reasons why that cannot be done. David Laughren and Garrett Brandt told Council they have reached an agreement about the Aspen Skiing Company concert at Hyman and Hunter. Councilwoman Richards moved to approve the street closure request for Aspen Skiing Company for a concert November 27, 2004; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #106~ SE~ES OF 2004 £ Extension of Vested Rights Boomerang Lodge Chris Lee, community development department, told Council the applicants have requested an extension of vested rights for their project at 500 West Hopkins. Lee reminded Council in October 2001, they approved an expansion for the Boomerang Lodge for 17 bedrooms and 2 affordable bedrooms. The applicant requested a 5-year extension of vested rights. Lee told Council staff feels this PUD development still satisfies the goals of the AACP in revitalizing the bed base. The applicant has recorded his PUD agreement. Lee recommended the vested rights be extended 3 years so that it does not become incompatible with the community's vision. Mayor Klanderud opened the public hearing. Mayor Klanderud entered an e-mail from Steve Goldenberg into the record requesting Council take another look at the parking for this project and any extension should be contingent on a more friendly on-site parking plan. Charlie Paterson noted there is off-street parking for 7 vehicles. The parking plan was discussed during the approvals. Mayor Klanderud agreed Council's decision was to grant this .development based on the parking plan from 3 years ago. Councilman Torre asked if the streetscape has changed since the development approval. Paterson said it has not. Mayor Klanderud closed the public hearing. Regular Meeting Aspen City Council October 25, 2004 Councilwoman Richards moved to approve Resolution #106, Series of 2004, extension of vested rights for 3 years; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #1087 SERIES OF 2004 - Hower Lawsuit Settlement John Worcester, city attorney, told Council this resolution authorizes the city to execute a settlement agreement between Dale Hower, the city and the Oates. Worcester noted there are some outstanding issues; hov~ever, these do not affect the city. Worcester reminded Council the city was sued by Dale Hower claiming she was told her zoning was R-6, which allows for the construction of a duplex. It was later determined the proper zoning is R-15, which does not allow a duplex. The code interpretation was appealed to Council. Council determined the proper zoning was in fact R-15. Ms. Hower had hired an architect, planned a duplex and was out several years of costs. This agreement does not grant rezoning and will require Ms. Hower to go through rezoning process. This Will require the city to pay up to ½ the total costs of moving the driveway and relocating the garage up to $25,000. Worcester recommended Council accept the settlement. Staff has acknowledged the error and the city has a history of accepting their mistakes. Councilman Semrau moved to adopt Resolution #108, Series of 2004; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION'#109~ SERIES OF 2004 - Bar/X Pre-annexation Agreement 4th amendment John Worcester, city attorney, told Council this resolution would amend the agreement with the Zolines for annexation of the Bar/X ranch. The majority of these changes result from the agreement between the city, the Z°lines and the Soldner to accommodate the west access into the affordable housing project.. In order to compensate for staff time and costs to redo the road, the Zolines agree that with the closing of each initial sale of free market lots to pay the city $25,000, for a total of $300,000. In addition, there will be a payment to the city of $16,666 from the closing of each of 12 free market units to be used for open space purchases or sage preservation activities. From the sale of each free market unit there will be a payment to the Soldners of $8,333 to a non-profit entity of the Soldners choice charged with the maintenance of the Soldner property when it becomes a cultural center or 8 Regular Meeting Aspen City Council October 25~ 2004 towards an endowment for the maintenance and operation of that property. The agreement also requires an additional payment of $6,666 to the city and $3,333 to the Soldners from any successive sale of free market units over 30 years for the same purposes. Those payments will not be due if a bulk sale of the property was made. This agreement also allows the Zolines to move the ditch on a temporary basis to accommodate the utilities and the easement through Bar/X and the Soldner property. Worcester said there are language changes to acknowledge that the road is going through the west side of the Soldner property. Worcester pointed out there are changes regarding the use and payment of the TDRs. Worcester said the agreement allows for an increase in FAR for the free market lots from 7,500 square feet to 10,000 square feet with use of TDRs. The Zolines propose language that Council would not need to approve specific TDRs for that purpose. Any TDR created in the county could be used for that purpose. A price of $240,000 payment-in-lieu for the TDR plus an annualized increase of 3% would be allowed. Worcester told Council TDRs are currently selling for $150,000 to $180,000. This amendment requires all pre-annexation and land use approvals must be completed by December 31, 2005 rather than 2004. Councilwoman Richards suggested that for payments to the city, the agreement be changed to reflect that these payments should be made to the open space fund, not the housing fund. The purpose of limiting the house sizes to 7500 square feet was to use of some TDRs from the rural remote zone. Councilwoman Richards said those funds should not be used to create housing but to extinguish growth. Mayor Klanderud said she supports the money going to open space, especially if there were to be a bulk sale of the Zoline's property. Mayor Klanderud suggested allowing Council to choose where the funds go. Toni Kronberg asked who will sign this agreement since Joe Zoline's death. Worcester said Zoline's death does not alter the ability of the family trust to enter into this agreement. Ms. Kronberg said this area is not urban. Worcester suggested he explain the urbanization requirement outside the Council meeting. Worcester said he will also go over the schedule for annexation and for land use approval process. Ms. Kronberg asked if this is subject to referendum. Worcester said annexation is a legislative act and is subject to referendum. Regular Meeting Aspen City Council October 25, 2004 Councilwoman Richards moved to approve Resolution # 109, Series of 2004, as amended by Council; seconded by Councilman Semrau. Steve Barwick, city manager, noted in #3 of the agreement the location from where the TDRs are being taken is changed from the upper Roaring Fork area to anywhere in Pitkin County. Worcester said the original agreement addressed the metro area of Pitkin county, all the lands that drain from the Roaring Fork river at Gerbazdale. Worcester said Council has attempted to have some comity with Pitkin County. The agreement attempts to clarify that once TDRs are created in the county, they can land on the Bar/X. Council is giving up the right whether a TDR created by the county is a TDR that can be extinguished on this property. Councilwoman Richards said the intention was to try and preserve open space areas close to the metro area. Councilwoman Richards amended the motion to add back in that Council approves the specific TDRs; seconded by Councilman Semrau. All in favor with the exception of Councilman Paul son, motion carried. SHORT LIST OF DESIGN TEAMS FOR'BU~INGAME VII,LAGE Councilman Semrau said he appreciated the hard work from all five design teams. Councilman Semrau said Council has a list of questions and suggested this decision be put off two weeks until those questions are answered. Councilman Torre said his short list would be Bald Mountain, Fenton, and Shaw/Poss. Councilman Torre said each of these had unique takes on the project. Councilman Semrau agreed with that selection and noted that the comments from the public and the Zolines mostly favored these 3 design teams. Mayor Klanderud said Bald Mountain, Fenton and Shaw/Poss were her top 3 choices also. Councilwoman Richards said this is a difficult choice as each team had strength and weaknesses. Councilwoman Richards supports Bald Mountain, Fenton and Shaw/Poss. Councilman Paulson said he cannot make a decision because there is a petition being circulated. Councilwoman Richards noted that none of the teams designed the project to 330 units; the highest number was 280 units. As this process continues, the numbers will be modified. Mayor Klanderud agreed the number and type of units will be modified through the process. Mayor Klanderud noted some of the public comments were that there were too many 3 bedroom units proposed and also about the affordability of these units. Mayor Klanderud agreed a 10 Regular Meeting Aspen City Council October 25, 2004 tremendous amount of work went into these designs and the presentations last Thursday made one of the most interesting, energizing days. RESOLUTION #107, SERIES OF 2004- Burlingame'Lot 3 Name Change Mayor Klanderud reported Annie Mitchell was a woman homesteader in the area that became the Burlingame ranch. Her application to homestead was signed by Grover Cleveland in 1896. Mayor Klanderud said the city tries to keep with historical names for their parks and proPerty. Councilwoman Richards moved to adopt Resolution #107, Series of 2004, naming the affordable housing formerly known as Burlingame Parcel D as Annie Mitchell Homestead; seconded by Councilman Torre. All 'in favor, motion carded. RESOLUTION #110, SERIES OF 200a Supporting RFTA Ballot Question Councilman Semrau moved to approve Resolution #110, Series of 2004; seconded by Councilwoman Richards. Councilman Paulson said there are problems with RFTA that additional taxes will not fix. The bus system does not get people where they want to go. Councilman Paulson said a modified bus rapid transit could be put in place without additional funding. Councilman Paulson said it is frustrating that the RFTA Board is not listening to innovative ideas. Councilman Paulson said an hour and forty-five minute bus ride is Glenwood is a disservice and is frustrating. All in favor, with the exception of Councilman Paulson. Motion carried. Councilman Torre moved to go into executive session at 7:10 p.m. pursuant to C.R.S. 24-6-402(4)(a) to discuss property acquisition, specifically Aspen Mass and Zupancis; seconded by Councilman Semrau. All in favor, motion. carried. Councilman Torre moved to come out of executive session at 8:00 p.m.; seconded by Councilman Semrau. All in favor, motion carded. 11 Regular Meeting Aspen City Council October 25~ 2004 Councilman Semrau moved to adjourn at 8:00 p.m.; seconded by Councilman Torre. All in favor, motion carried. K~n3,n S. Koch, City Clerk 12