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HomeMy WebLinkAboutminutes.council.20000327Regular Meeting Aspen City Council March 27, 2000 Mayor Pro Tern Paulson called the meeting to order to 5:05 p.m. with Councilmembers Markalunas, McCabe and Hershey present. Jack Reid presented Council a plaque from the Colorado Asphalt Paving Association in recognition of Aspen's advancing the quality of pavement in Colorado. PROCLAMATION - Beth Ufkes Mayor and Council declared March 28, 2000 Beth Ufkes day in recognition of her 19 years of dedication to the Aspen Police Department. PROCLAMATION - Franz Berko Councilman Markalunas read a proclamation celebrating and honoring the life of Franz Berko and his contributions to Aspen. PROCLAMATION - Louiva Stapleton Mayor Pro Tern Paulson read a proclamation celebrating and honoring the life of Louiva Stapleton and her contributions to Aspen. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilman Markalunas noted Franz Berko was in attendance at the last Council meeting to support a neighbor and community asset, the Explore Booksellers. 2. Councilman Markalunas said the community also lost another artist, Jack Roberts, who did series of paintings, Aspen the Early Days. Councilman Markalunas said Roberts, Berko and Mrs. Stapleton are people who honored the preservation of Aspen in their lives and we owe these people a debt of gratitude. Regular Meeting Aspen City Council March 27~ 2000 3. Councilman Hershey congratulated Aspen High School basketball coach and player who was noted as outstanding 3A-coach and basketball player. 4. Councilman Hershey moved to remove VI c, Request for Supplemental Funding from the consent calendar; seconded by Councilman McCabe. All in favor, motion carried. 5. Councilman Markalunas made a correction to the March 13, 2000, minutes. He did not participate nor vote in the first reading of Ordinance #6, Series of 2000, Williams Ranch PUD Amendment, due to a conflict of interest. 6. Mayor Pro Tern Paulson said several young people of the community have recently died. Mayor Pro Tern Paulson said he worked with Aleta Broughton Holmbeck who had a great sense of humor and he will miss her a lot. Also Michael Hanrahan and John Roberts died in an avalanche. It is a shame to lose people at such an early age. 7. Mayor Pro Tern Paulson requested the Ecological Bill of Rights be an action item on the April 10th agenda. Mayor Pro Tern Paulson said everyone has the right to clean air. Mayor Pro Tern Paulson noted Earth Day is April 22nd and it is the 30th anniversary of Earth Day. It would be fitting to have the Ecological Bill of Rights adopted. 8. Councilman McCabe moved to add the P & Z appointment to the consent calendar; seconded by Councilman Markalunas. All in favor, motion carried. 9. City Manager Steve Barwick said Paul Taddune would like to meet with several Councilmembers to work out a solution to the 10th Mountain Division Statue. Councilman McCabe and Councilman Hershey said they would be willing to represent the Council. 10. Councilman Markalunas moved to continue Resolution #39, Series of 2000 - Electric Shuttle Bus Lease to April 10; seconded by Councilman Hershey. All in favor, motion carried. CONSENT CALENDAR 2 Regular Meeting Aspen City Council March 27~ 2000 Councilman McCabe moved to read Ordinance #7, Series of 2000; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #7 Series of 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 26 OF THE ASPEN MUNICIPAL CODE (THE ASPEN LAND USE CODE) TO PROVIDE FOR A NEW LAND USE APPROVAL PROCES S FOR PROPOSED DEVELOPMENTS DETERMINED TO BE NECESSARY FOR THE CONVENIENCE OR WELFARE OF THE PUBLIC was read by the city clerk Councilman Markalunas moved to adopt the consent calendar as amended; seconded by Councilman Hershey. The consent calendar is: 3 Regular Meeting Aspen City Council March 27~ 2000 ·Ordinance #7, 2000 - Code Amendment - Public Projects Review · Request for Funds - Snyder Project Cost Evaluation RFP · Resolution #32, 2000 - Temporary Deputy Municipal Judge/Gardenswartz · Resolution #33, 2000 - Contract Glenwood Springs Ford Electric Dept Truck · Resolution #34, 2000 - Contract LL Johnson - Steiner Tractors · Resolution #35, 2000 - Contract - Glenwood Springs Ford AMP Replacement Vehicles · Resolution #36, 2000 - Contract Altec Industries · Resolution #38, 2000 - Amendment to Iselin/Pool Ice Contract · Request for Funds - Office Renovation · Minutes - February 28, March 13 · P & Z Appointment - Hunt as regular; Vresilovic as alternate Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Markalunas, yes; Mayor Pro Tern Paulson, yes. Motion carried. ORDINANCE #2~ SERIES OF 2000 - Ullr Lodge PUD Nick Lelack, community development department, told Council the Carbondale Affordable Housing Corporation has contracted to purchase the Ullr lodge and to convert it to a multi-family residential building. This approval requires establishment of a PUD, subdivision for 28 dwelling units and growth management quota system exemption for affordable housing. Staff is using the consolidated review because this is affordable housing and because of the limited issues involved. 4 Regular Meeting Aspen City Council March 27~ 2000 P & Z approved this request and HPC approved the design alterations, which is moving the pool and the pool room. The housing board also recommended approval. The applicant is requesting to establish the building's existing dimensional requirements as the PUD. The PUD allows the parking requirements to be established in the process. The land use code would require 36 parking spaces. There are currently 16 to 18 parking spaces on site; along the back alley and in the city right-of-way along Fifth Street. This will be an employer-owned and operated building of 27 units; 26 units will be deed restricted and rented. The employer-owners have agreed to offer rent incentives to employees without cars, such as charging employees with cars for parking; creating car rental rates for employees without cars; offering subsidized transportation passes; giving rental preferences to employees without an automobile. Lelack said staff feels there is a serious deficiency in parking and the applicant should implement at least 3 of the above concepts. The parking department suggests limiting the residential parking passes and having this administered through the homeowner's association. Lelack said these units will be sold to local employers who will deed restrict these units to category 3 or 4 and will cap the appreciation of the units at 3 percent. Lelack pointed out the city engineering department is requiring a sidewalk be constructed along N. Fifth from Main to the alley. There is enough room for the parking spaces as well as the sidewalk. Lelack said one outstanding issue is on the foreclosure provision in the deed restriction. The language has been added to allow the lender to lift the deed restriction if the unit is foreclosed on after the housing authority has had an opportunity to purchase this unit. Staff is recommending approval of the application. It meets the criteria in the code. The community will gain 26 deed restricted units. This building is within walking distance of downtown. The building will be upgraded to meet code. Kate Updike, Carbondale Affordable Housing Corporation, told Council the goal was to create a project that was multi-employer sponsored. Ms. Updike told Council employers have reserved all units. In the upgrade, the heating will be replaced with high efficiency; the smoke alarm will be upgraded, and the units will be redone to accommodate a more permanent use. The swimming pool is coming out and the hot tub will stay. Ms. Updike told 5 Regular Meeting Aspen City Council March 27~ 2000 Council the employer group has decided to set aside a unit for on-site management. Ms. Updike said the employers have agreed that less than 50 percent of the units can be used for seasonal employees. John Worcester, city attorney, noted the applicants and staff should work out language in condition #23 addressing the number of parking permits for the project. Mayor Pro Tern Paulson opened the public hearing. Karen Mitchell, 5th street resident, told Council she is very concerned about the parking in the area. The proposal only has 15 spaces for 36 units. This area is already over-parked. Ms. Mitchell requested the city staff step up its enforcement, cleaning and plowing of Main street. Ernie Fyrwald, adjacent property owner, said he supports the project; however, there is a large parking problem in the area. Jackie Kasabach urged Council to look at an area for car storage. There is willingness in the community to use public transit but people need a place to store their cars. Warren Klug, Aspen Square, said he is excited about how this project has come together, and the project will be a benefit to the community. The employers will be controlling the project and will be interested in helping to solve the parking problem. Mayor Pro Tern Paulson closed the public hearing. Councilman McCabe said he generally does not support limiting parking permits that residents are entitled to; however, in this situation it might be useful. Councilman Hershey said he likes the rent incentive idea for tenants without cars. Councilman Markalunas said it is wonderful for the community to get together on a project like this. Councilman Markalunas said he would agree to limit the number of parking permits for the project. Worcester suggested staff and the applicants work out the number of parking permits allowed, any rental incentive for tenants without cars, and cost of the spaces along 5th Street, as well as the deed restriction language. Councilman Markalunas moved to table this item while staff and the applicant work out wording for the conditions; seconded by Councilman McCabe. All in favor, motion carried. 6 Regular Meeting Aspen City Council March 27~ 2000 ORDIANNCE #4, SERIES OF 2000 - 330 Lake Avenue Historic Designation Amy Guthrie, community development department, told Council staff, HPC and P & Z are commending approval of this landmark designation. Ms. Guthrie said in order to get a landmark designation, 2 out of 5 standards have to be met. This property meets 3 of the standards; architectural importance, neighborhood character and community character. The house is representative of the modest scale and style of 19th century. There have only been modest changes to the structures. Mayor Pro Tern Paulson opened the public hearing. There were no comments. Mayor Pro Tern Paulson closed the public hearing. Councilman Markalunas moved to adopt Ordinance #4, Series of 2000, on second reading; seconded by Councilman McCabe. Roll call vote; Councilmembers Markalunas, yes; McCabe, yes; Hershey, yes; Mayor Pro Tern Paulson, yes. Motion carried. ORDINANCE #5, SERIES OF 2000 - Code Amendment, Definition, Vested Rights, Affordable Housing Councilman Markalunas moved to continue this to April 10; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE #9, SERIES OF 2000 - AT&T Franchise Renewal Agreement Councilman Hershey moved to read Ordinance #9, Series of 2000; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE NO. 9 (Series of 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CABLE TELEVISION SYSTEM PERMIT AGREEMENT BETWEEN THE CITY OF ASPEN AND TCI OF NORTHERN NEW JERSEY, INC., AND AUTHORIZING AND 7 Regular Meeting Aspen City Council March 27~ 2000 DIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Tabatha Miller, finance director, told Council staff and AT&T have negotiated a 10 year non-exclusive and revocable franchise agreement. The city will retain 5 percent of gross revenues. This will be a 750 MHz system capable of high speed two-way active interaction, which can handle internet, 78 channels of television. All the upgrades will be done by May 2002. Ms. Miller told Council AT&T is working to enable the city to lay out I-net cable, which would allow city departments to be connected by fiber optics and increase the usability of their systems. Ms. Miller pointed out one public comment is that a 5 year franchise agreement would be more in line than a 10 year. Another comment is to allow choice of an internet providers to customers. The third issue is to allow open access to AT&T competitors. John Worcester, city attorney, noted the city has representations AT&T will start as soon as the franchise agreement is approved and will complete the upgrades by this fall. Teri Scott, government affairs and franchise director for AT&T, said 10 years is a common term for an upgrade proposal. Ms. Scott said 750 MHz is state of the art and is the best anywhere in the country. This upgrade comes with significant costs and AT&T needs a reasonable period of time to repay the investment. Ms. Scott noted the renewal process under federal law is 3 years. If the city approved a 5 year contract, staff would have to be negotiating in 2 years. This technology is not only cutting edge but can be upgraded easily. If during the franchise, there are advances in technology, the franchise does not prohibit this technology from being implemented. Worcester asked how the rates here will compare with other parts of the county and how does AT&T set its rates. Ms. Scott said the federal rate regulation process takes into accounts 17 different unique community factors like population, programming, number of channels, number of customers, and then sets a rate, which is unique as a city. Ms. Scott said Aspen is comparable to other resorts and is higher than rural areas. Ms. Scott said AT&T has introduced "at-home" high speed internet service delivered over the cable system rather than the phone line. Ms. Scott said 8 Regular Meeting Aspen City Council March 27~ 2000 competitors have tried to raise a new lobby effort on the cable internet product. Ms. Scott said AT&T does not believe it is lawful for any government to tell them how to technically manage internet service. Ms. Scott said the free market is working for consumers to chose what type of internet service they want. Jim Nieswander, AT&T manager, said this agreement is a result of negotiations with city staff and covers items the community has been asking for. Niesweander said this new service will benefit the community. 750 MHz will give a lot of room to grow. Councilman Markalunas asked if parental control devices are free. Ms. Scott said they are a piece of the converter box and have to be paid for. Worcester asked about the open community connect. Ms. Scott said the concept is a community connect point for internet users. This is not currently in development; however, if there is a consumer interest for this, it will be developed. Councilman McCabe asked if the conduit can be used for other purposes. Steve Barwick, city manager, said staff is looking at this. The franchise agreement does not allow conduit in the same trench opened up by AT&T that could be used by competition. The city could put in their own fiber optic network or for electric lines. There is a meeting next month to work on these details. Nieswander told Council engineers from other cities that have worked with AT&T are willing to talk to the city engineer. John Starr, member of the communications task force, said this agreement is a significant improvement over the previous agreement. Starr noted AT&T gave the city and county $150,000 for improvements at Grassroots when the county signed their franchise agreement. Worcester told Council the city has a letter of agreement from AT&T to receive another $150,000. This money is a capital contribution to the city. Councilman Markalunas asked if the agreement can be changed to reflect an earlier completion date. Councilman Hershey moved to adopt Ordinance #9, Series of 2000, on first reading; seconded by Councilman McCabe. Roll call vote; Councilmembers Markalunas, yes; McCabe, yes; Hershey, yes; Mayor Pro Tern Paulson, yes. Motion carried. ORDINANCE #3~ SERIES OF 2000 - Ullr Lodge PUD 9 Regular Meeting Aspen City Council March 27, 2000 Councilman McCabe moved to take this item from the table; seconded by Councilman Hershey. All in favor, motion carried. Mike Hoffman read the amended conditions; "No more than 27 on street parking permits will be allowed for residents of the project. The maximum monthly rent which may be charged to any tenant who does not own an automobile shall be 5 percent less than otherwise allowed by this approval. The homeowners' association shall lease the 10 head on spaces from the city for a total of $100/month. The owners shall use their best efforts to encourage residents to forego automobile ownership through methods such as additional bike racks, communal ownership of vehicles, etc." Condition #24 will be added, "The applicant or owner shall utilize in the deed restriction for the project the standard foreclosure clause found in the Aspen Pitkin County Housing Authority sale unit deed restriction allowing a right of purchase in APCHA in the event of foreclosure and subsequent sale by the lender without further encumbrance by the deed restriction in the event the unit is not acquired by APCHA". Councilman McCabe moved to adopt Ordinance #3, Series of 2000, as amended on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Hershey, yes; Markalunas, yes; McCabe, yes; Mayor Pro Tern Paulson, yes. Motion carried. RESOLUTION #37, SERIES OF 2000 - Canceling Special Election John Worcester, city attorney, told Council federal law preempts state and local jurisdictions in franchise renewals. Worcester said he does not believe the city should have an election to approve the franchise renewal agreement. Councilman Hershey moved to approved Resolution #37, Series of 2000; seconded by Councilman McCabe. All in favor, motion carried. ASPEN CLUB COMPLIANCE WITH PUD CONDITIONS Sarah Oates, community development department, told Council staff met with the Aspen Club to discuss the three items with which they are not in compliance; mitigating for the tennis bubble or only leaving it up for 215 days; providing a timeline for traffic management plan; and contributing to the cross town shuttle or providing a shuttle of their own. 10 Regular Meeting Aspen City Council March 27~ 2000 Melissa Temple, Aspen Club, told Council they will not be able to mitigate for the tennis bubble and will comply with the 215 day limit. Ms. Temple requested some flexibility on when the bubble comes down as the Aspen Club hosts the High School senior night. Council agreed as long as the Aspen Club meets the 215 day limits, the beginning and ending dates can be adjusted. Ms. Temple told Council they have contracted with Leigh, Scott and Cleary to do traffic counts in July. Ms. Temple said they will try and join with the Silver Lining Ranch on these counts. Ms. Temple said the Aspen Club has a punch pass program; people riding the shuttle can earn smoothies and massages. Ms. Temple said the agreement is for the shuttle to do 13 trips per day. The Aspen Club would like flexibility to do more at peak times and fewer in the off season. It is an enormous expense to have a shuttle running in May with no riders. John Worcester, city attorney, suggested letting staff work out the details with the Aspen Club. If there are any difficulties, this will be brought back to Council. REQUEST FOR SUPPLEMENTAL FUNDING - Continuation of House Size Controls Councilman Hershey said he does not think the city needs to spend $12,400 to study house size control because he does not agree with the direction of the study. Councilman Hershey disagrees with this issue and does not see FAR as a problem. Julie Ann Woods, community development department, reminded Council after the work session in February, many issues were unresolved. This is a large undertaking and it will be appropriate to do it in conjunction with neighborhood plans. Ms. Woods said she feels Alan Richman's scope of work is reasonable. Councilman Paulson said he feels the additional work will pay off in the long run. Councilman Paulson moved to approve the request for supplemental funding to continue the house size study; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; McCabe, yes; Hershey, no; Paulson, yes; Mayor Richards, yes. Motion carried. 11 Regular Meeting Aspen City Council March 27~ 2000 ORDINANCE #8~ SERIES OF 2000 - Aspen Highlands Annexation John Worcester, city attorney, showed the area to be annexed and noted this is 10 separate parcels. Worcester said annexation is entirely within Council discretion. Julie Ann Woods, community development director, pointed out if Highlands is annexed there will be a large area that is not annexed which includes the school and hospital. Ms. Woods said the city has been approached by the county to take over Maroon Creek road. Tabatha Miller, finance director, went through the revenues and expenditures for the annexation of this area. Ms. Miller noted the biggest source of revenue will be the property tax and 78 percent of the property tax is allocated to the asset management plan. This would only leave 22 percent available for the general fund. There will be sales tax revenue both from the Highlands area and from the additional guests coming into Aspen. The general funds expenditures at build out would be about $500,000/year. Ms. Miller noted with annexation, the city will receives transfer tax for both the Wheeler and Housing funds estimated at $800,000 annually. There will also be revenues from the affordable housing/day care, parks and parking garage sales taxes. Steve Barwick, city manager, said one issue is time share. These units will not generate sales taxes as lodge units do and the rate of property taxes is lower for residential property than for commercial property. The units will generate real estate transfer taxes when they turn over. Council agreed they are concerned about the costs of this annexation and would like a work session on this. Council scheduled the work session for April 3 at 6 p.m. Councilman Paulson moved to adopt Ordinance #8, series of 2000, on first reading; seconded by Councilman McCabe. Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Markalunas, no; Paulson, yes; Mayor Richards, yes. Motion carried. Councilman Markalunas moved to suspend the rules and extend the meeting to 9:25 p.m.; seconded by Councilman Paulson. All in favor, motion carried. 12 Regular Meeting Aspen City Council March 27~ 2000 Mayor Richards reported the regional transportation authority amendments passed out of committee in the state legislature today and will go to the floor of the House next. RESOLUTION #31~ SERIES OF 2000 - Approving Final Draft of RFRHA Comprehensive Plan Tom Newland, director of Roaring Fork Railroad Holding Authority, said the intent of the comprehensive plan for the corridor is to be a management and policy guide as owners of the property. Newland said this is not an approval of the corridor investment study or the draft environment impact statement. Newland said this document shows how transportation and recreation can co-exist on the property and protects the conservation values of the corridor while allowing for the intended uses. The comprehensive plan sets access control standards and specifications. The plan allows for changes in the future if needed. Councilman McCabe objected to the statement under "Wildlife Values of the Corridor" that "non-vehicular access to federal other lands adjacent to the corridor will be allowed by written permission on a case by case basis". Newland said the reason for this clause is that young children will be playing on the corridor and that does not seem to mix with hunters carrying guns. Councilman McCabe said hunters all take safety courses. Councilman McCabe said this clause seems arbitrary and will cause additional work for both hunters and RFRHA staff. Council agreed this clause could be deleted. Councilman McCabe moved to amend the comprehensive plan to delete ~'Non-vehicular access to federal other lands adjacent to the corridor will be allowed by written permission on a case-be-case basis"; seconded by Councilman Hershey. Roll call vote; Councilmembers Markalunas, yes; McCabe, yes; Hershey, yes; Paulson, yes; Mayor Richards, yes. Motion carried. Councilman McCabe moved to adopt Resolution #31, Series of 2000; seconded by Councilman Paulson. All in favor, motion carried. Councilman Markalunas moved to adjourn at 9:30 p.m.; seconded by Councilman Paulson. All in favor, motion carried. 13 Regular Meeting Aspen City Council March 27~ 2000 Kathryn S. Koch, City Clerk 14 Regular Meeting Aspen City Council March 27~ 2000 PROCLAMATION - Beth Ufkes ................................................................ 1 PROCLAMATION - Franz Berko ............................................................... 1 PROCLAMATION - Louiva Stapleton ....................................................... 1 CITIZEN PARTICIPATION ....................................................................... 1 COUNCILMEMBER COMMENTS ........................................................... 1 CONSENT CALENDAR ............................................................................. 2 · Ordinance #7, 2000 - Code Amendment - Public Projects Review ...... 4 · Request for Funds - Snyder Project Cost Evaluation RFP .................... 4 · Resolution #32, 2000 - Temporary Deputy Municipal Judge/Gardenswartz ................................................................................. 4 · Resolution #33, 2000 - Contract Glenwood Springs Ford Electric Dept Truck ....................................................................................................... 4 · Resolution #34, 2000 - Contract LL Johnson - Steiner Tractors .......... 4 · Resolution #35, 2000 - Contract - Glenwood Springs Ford AMP Replacement Vehicles .............................................................................. 4 · Resolution #36, 2000 - Contract Altec Industries ................................ 4 · Resolution #38, 2000 - Amendment to Iselin/Pool Ice Contract .......... 4 · Request for Funds - Office Renovation ................................................ 4 · Minutes - February 28, March 13 ........................................................ 4 · P & Z Appointment - Hunt as regular; Vresilovic as alternate ............. 4 ORDINANCE #2, SERIES OF 2000 - Ullr Lodge PUD ............................. 4 ORDIANNCE #4, SERIES OF 2000 - 330 Lake Avenue Historic Designation .................................................................................................. 7 ORDINANCE #3, SERIES OF 2000 - Ullr Lodge PUD ............................. 9 RESOLUTION #37, SERIES OF 2000 - Canceling Special Election ......... 10 ASPEN CLUB COMPLIANCE WITH PUD CONDITIONS ..................... 10 REQUEST FOR SUPPLEMENTAL FUNDING - Continuation of House Size Controls ............................................................................................... 11 ORDINANCE #8, SERIES OF 2000 - Aspen Highlands Annexation ........12 RESOLUTION #31, SERIES OF 2000 - Approving Final Draft of RFRHA Comprehensive Plan ................................................................................... 13 15