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HomeMy WebLinkAboutminutes.council.20060911 BOARD COMMENDATION ........................................................................................................ 2 CITIZEN PARTICIPATION. ......... ..................................... ................................... ... ... ... ... ........ .... 2 COUNCILMEMBER COMMENTS.............................................................................................. 3 CONSENT CALENDAR ............................................................................................................... 4 . Resolution #72,2006 - Readoption of Annexation Plan.................................................... 4 . Resolution #73, 2006 - Purchase Mowers - Golf Department .......................................... 4 . Resolution #74, 2006 - Replacement Air Injection Pothole Patch Truck ..........................4 . Resolution #76,2006 - Marolt Ranch Boiler Replacement ............................................... 4 . Minutes - August 28, 2006.................................................................................................4 ORDINANCE #33, SERIES OF 2006 - Impact Fees .................................................................... 4 ORDINANCE #38, SERIES OF 2006 - Extension of Application ...........................;...................5 RESOLUTION #75, SERIES OF 2006 - COWOP Eligibility for Puppy Smith........................... 5 ORDINANCE #34, SERIES OF 2006 - Supplemental Appropriations ........................................ 7 ORDINANCE #37, SERIES OF 2006 - Dean Street Vacation .....................................................8 POLICY REGARDING FINANCIAL SUPPORT OF LOCAL BUSINESSES ........................... 8 Rel!:ular Meetinl!: Aspen City Council September 11, 2006 Mayor Klanderud caUed the meeting to order at 5:00 p.m. with Councilmembers Torre, Richards, Johnson and DeVilbiss present. BOARD COMMENDATION Mayor Klanderud and Council presented a commendation of service on the Open Space and Trails Board to Craig Ward. Brian Flynn, parks department, noted the Open Space and Trails Board is also recognizing Ward. CITIZEN PARTICIPATION I. Raymond Auger said that the city is involved in a number of businesses so helping to purchase the Explore BookseUer is not without precedent. Auger suggested Council place on the November baUot a question whether the public wants to see the city purchase the building and lease it to someone to operate. Mayor Klanderud noted it is too late for the November baUot. Auger said he feels it would be desirable for Council to make that acquisition. 2. Les Holst told Council there are several groups trying to figure out how to buy the Explore. Holst said it is necessary for a town to have a bookstore and the Explore needs to be saved. Holst said this should be bought by the community through a non-profit corporation with a board of directors to make sure the essential elements of a community remain in the community. Holst requested the city participate with a matching grant. 3. Martha Madsen, 608 West Hopkins, told Council she noticed the Little Ajax is going to aUow dogs. Ms. Madsen stated the Friends of Shadow Mountain worked very hard to save Shadow Mountain. This is on a pedestrian way and a bicycle trail. Ms. Madsen said she is distressed dogs wiU be aUowed. Tom McCabe, housing director, said once aU the units are purchased, a homeowner's association is formed to make those decisions. 4. Toni Kronberg said she is happy the ARC board agreed to hire one of the nation's top pool consultants. Ms. Kronberg said the location of the recycle center is not the issue; the issue is building two buildings on that site. Councilwoman Richards said she does not feel it is appropriate to ban dogs at West Hopkins. The city tries to make affordable housing comparable to living in free market. There are city rules about dogs running at large and barking dogs that can be enforced through animal control. Councilwoman Richards said she would like to add to the agenda a discussion about locaUy serving businesses and ways to save them. Councilwoman Richards noted there are "third" places where people gather, talk, and share common ideals. Councilwoman Richards noted one reason for adopting a moratorium was the loss of affordable commercial space. Councilwoman Richards said Council has discussed what makes a successful community and what makes a successful business. Successful businesses are those that serve both locals and visitors. Councilman DeVilbiss agreed Explore BookseUers is an important part of the cultural fabric of the community. Councilman DeVilbiss said he would like to see it remain but does not think spending city money to do that would be justified. Mayor Klanderud said she would have a 2 Reeular Meetine Aspen City Council September 11, 2006 difficult time coming up with reasons and circumstances that the city should purchase local businesses. Mayor Klanderud noted Council is discussing ways to save local businesses through the land use code, which seems to be the appropriate place to accomplish that. Council agreed to discuss this under action items. COUNCILMEMBER COMMENTS 1. Councilman Torre said the weekend's Ride for the Cure was a great success and he extended congratulations to the Komen Foundation as wel1 as the riders and volunteers. 2. Councilman Torre said Jazz Aspen had a successful Labor Day festival. Jazz Aspen provides music education in the schools. Councilman Torre congratulated Jazz Aspen for all their programs. 3. Councilwoman Richards said she would like to discuss the fire pit on the Cooper Avenue mall. The city's canary initiative and the downtown revitalization seem to be on a collision course. Councilwoman Richards said she would like this issue scheduled for a future agenda to see ifthere are creative ways to integrate the two objectives. Councilman Torre noted the fire pit has not yet been turned on and its purpose may come to light when it is used. Councilman Torre said he would like to give it a try first. Councilman DeVilbiss said the fire pit is at cross- purposes with the canary initiative and he does not support it. Councilman Johnson said people are becoming more aware of the environment and ways to support the environment. Mayor Klanderud supports giving the fire pit a chance. Mayor Klanderud said concerns have been expressed about air quality; however, Aspen is a resort. Mayor Klanderud said these issues are about balancing the canary initiative and compensating for emissions. Councilwoman Richards said Council should have a discussion to reconcile the differences and acknowledge what is being done with the fire pit. Councilwoman Richards said she would like this to be on a future agenda. Mayor Klanderud said Council can discuss when to put this on the agenda. 4. John Kruger, transportation department, reported on the mil1ing occurring on highway 82. Kruger said it is important to get this project done as quickly as possible and the milling wil1 be done today. Paving wil1 begin in the east end of town next week. The bus lane wil1 be the same as it was but the lines will be incorporated into the paving material rather than painted on the streets. 5. Councilwoman Richards reported she attended the semi-annual Club 20 meeting. Club 20 passed a resolution on out of basin water transfer legislation. Councilwoman Richards noted she was not able to get Club 20 to support the principals of water conservation or that conservation has an important role to play in the future. Councilwoman Richards said she brought up the idea of al10wing counties to ask for a real estate transfer tax; this did not go far but was referred to a sub-committee. Councilwoman Richards reported that Club 20 passed a resolution opposing amendment #40 on the November bal1ot, which would impose term limits on the judiciary. Councilwoman Richards requested Council consider a resolution about this bal10t amendment. Council agreed. 3 Reeular Meetinl!: Aspen City Council September 11, 2006 6. Councilman DeVilbiss reported he attend the Open Space and Trails Board meeting last week. The Open Space Board adopted a resolution asking the voters to support extension ofthe open space and trails tax for 10 years. Councilman DeVilbiss said he would like Council to adopt a resolution supporting this tax. Council agreed to have staff draft that resolution as wel1 as one supporting the property tax for healthy community fund. CONSENT CALENDAR Randy Ready, assistant city manager, asked Council add Resolution #76, Series of 2006, approving a contract for the Marolt boiler replacement. Mayor Klanderud noted the new boiler wil1 increase operational efficiencies and wil1 have utility savings. Councilman Torre moved to adopt the consent calendar as amended; seconded by Councilman DeVilbiss. The consent calendar is . Resolution #72, 2006 - Readoption of Annexation Plan . Resolution #73, 2006 - Purchase Mowers - Golf Departrnent . Resolution #74,2006 - Replacement Air Injection Pothole Patch Truck . Resolution #76, 2006 - Marolt Ranch Boiler Replacement . Minutes - August 28, 2006 Councilman Johnson requested the August 28th minutes be amended to include the statement made by the owners of the Boomerang Lodge that it has always been a lodge and wil1 continue to operate as a lodge. All in favor, motion carried. ORDINANCE #33, SERIES OF 2006 - Impact Fees Councilman Torre moved to read Ordinance #33, Series of 2006; seconded by Councilman DeVilbiss. Al1 in favor, motion carried. ORDINANCE #33 (Series of 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, APPROVING REPEAL AND RE-ENACTMENT OF TITLE 26, PART 600, IMPACT FEES AND DEDICATIONS, OF THE CITY OF ASPEN MUNICIPAL CODE. Councilwoman Richards moved to adopt Ordinance #33, Series of2006, on first reading; seconded by Councilman DeVilbiss. Rol1 cal1 vote; Councilmembers Torre, yes; Johnson, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. 4 Rel!:ular Meetinl!: Aspen City Council September 11,2006 ORDINANCE #38, SERIES OF 2006 - Extension of Application Councilman Torre moved to read Ordinance #38, Series of 2006; seconded by Councilwoman Richards. Al1 in favor, motion carried. ORDINANCE NO. 38 (Series of 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, EXTENDING A TEMPORARY MORATORIUM ADOPTED PURSUANT TO ORDINANCE NUMBER 19, SERIES OF 2006, AND AS AMEDED PURSUANT TO ORDINANCE NO. 23, SERIES OF 2006. Councilwoman Richards moved to adopt Ordinance #38, Series of2006, on first reading; seconded by Councilman DeVilbiss. Councilman Torre requested staff get public information out about the schedule and about the reasons for the extension. Mayor Klanderud stated she remains opposed to the moratorium. Mayor Klanderud said she feels with focus and discipline, those sections of the land use code could be amended. Mayor Klanderud noted al1 Council agreed the pace of development is a concern but she does not feel a moratorium is the best way to address that. Councilman Torre said Council agreed they wanted to address any sections that are ready to be pul1ed out of the moratorium and adopted. Councilman Torre said he wants to makes sure al1 pieces are in place and are cross-referenced. Roll cal1 vote; Councilmembers Richards, yes; DeVilbiss, yes; Johnson, yes; Torre, yes; Mayor Klanderud, no. Motion carried. RESOLUTION #75, SERIES OF 2006 - COWOP Eligibility for Puppy Smith James Lindt, community development department, told Council this is a request from the city's asset management department to go through the COWOP process for construction of 3 affordable housing units for city employees on the ACES parking lot site. Lindt showed the Puppy Smith parcel, the ACES parking lot, the site for the proposed housing, the city's electric substation. Lindt reminded Council in 2003, the city went through a COWOP process to construct 3 affordable housing units on the Puppy Smith parcel to the north of Puppy Smith street. Council suggested staff negotiate with ACES to see ifthere was a possibility to construct this housing on the ACES parking lot. Council's concern was the proposed housing was adjacent to the Jenny Adair wetlands and the Rio Grande trail. Lindt told Council staff has negotiated a land lease exchange with ACES so the proposed affordable housing is to be constructed on the parking lot and the city-owned Puppy Smith parcel will be used to replace ACES' parking. The asset management department is requesting approval of eligibility for a COWOP process. Lindt told Council this project is appropriate for the COWOP review process. It will enhance the project to have neighbors and stakeholders involved in the design of the project. Lindt said the process wil1 establish a site plan, floor plans 5 Rel!:ular Meetinl!: Aspen City Council September 11,2006 and elevation drawings. Lindt pointed out issues to be aware of, the Puppy Smith parcel was purchased with open space funds in 1983. Lindt noted in the land lease exchange negotiations, staff interpreted the parking lot for ACES would be accessory to the ACES and Jenny Adair open spaces and no public vote would be required. Another issue is that in 1997 when ACES received approval to construct units on their property, they never recorded the necessary documents. Staff would like to reconfirm the entitlements and record the documents through this procedure. Lindt said the memorandum outlines the possible COWOP task force and suggests 2 citizen members. Lindt noted 8 citizens have indicated interest in serving on this task force. Councilwoman Richards said she does not feel comfortable with this project moving forward during the moratorium. Councilwoman Richards said it is inconsistent stating this is an essential public facility and outside the moratorium. Council just voted to extend the moratorium. Bentley Henderson, assistant city manager, said this is a residential project and this parcel is not within the zone districts identified as part ofthe moratorium. John Worcester, city attorney, agreed this project is not subject to the moratorium so the city is not making an exception for itself. Councilmembers Johnson, Torre and Mayor Klanderud agreed this should proceed. Councilmembers DeVilbiss and Richards said it should not. Councilman Johnson asked about the precedence of parking lots in open space. Worcester said the city's open spaces do have parking; it is a legitimate use of public spaces. Councilman Torre asked if the land swap is equal parcels. Lindt said it is. Councilman Torre asked ifthere is the opportunity to minimize the parking on the new parcel. Lindt said the agreement states there will be 18 parking spaces constructed on the Puppy Smith parcel and in the process, it could be negotiated to see if some of those spaces could be accommodated on the housing parcel. Councilman Torre said the COWOP is an advisory process and Council is not bound to approve the final product even if Council accepts the recommendations of the task force. Lindt agreed. Worcester reminded Council the purpose of the COWOP process is to allow the task force to discuss the project in the context of the land use code and to make a final recommendation to Council. Then Council can review and adopt an ordinance with those recommendations or not. Councilman Torre asked if ACES is supportive of this COWOP. Troy Rayburn, asset management department, told Council ACES signed a consent letter and has agreed to participate in the COWOP process. Rayburn introduced the design team, Julie Ann Woods and Willis Pember. Ms. Woods said an agreement has been signed and it is specific in outlining what needs to be accomplished. Ms. Woods said the team is working closely with ACES, who would like to get their land use approvals resolved. Pember presented a site-massing model used to explore potential development for the site. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards said she is still opposed to going forward. Councilwoman Richards said the ACES entitlement issue could be cleaned up separately from this process. Councilwoman Richards recommended, if this goes forward, there be more than 2 citizens on the COWOP. Councilwoman Richards said the entrance to the Rio Grande trail and the look of the parking lot wil1 be critical to the public. Councilwoman Richards said the history of the 6 Rel!:ular Meetinl!: Aspen City Council September 11, 2006 purchase of the Puppy Smith property will be important to both the COWOP and the community. Councilwoman Richards said she would also like the product of the COWOP taken in front of the entire P&Z. Councilwoman Richards stated a shortfal1 of the COWOP process is that the rest of a board not on the COWOP does not get to see the work product of the COWOP. Mayor Klanderud pointed out on the list of citizens, Bil1 Wiener is an ACES board member and he should serve as a representative of ACES or acknowledge that relationship. Mayor Klanderud noted also Jonathan Lewis is a neighbor and should serve as one. Mayor Klanderud also supported as many citizens as are interested being on the COWOP. Lindt told Council Tim Semrau has expressed interest in serving on the task force, also. Mayor Klanderud stated she does not like the parking at the entrance to the Rio Grande. Councilman Torre supports a joint COWOP and P&Z meeting. Council agreed that al1 interested citizens should be on the COWOP task force. Councilman Torre asked if the schedule is realistic. Ms. Woods said the schedule is based on the agreement with ACES, which may need to be amended if the time line is not met. Councilman Torre moved to adopt Resolution #75, Series of 2006; seconded by Councilman Johnson. Al1 in favor, with the exception of Councilwoman Richards. Motion carried. Councilman Johnson said he would serve as the Council representative to the COWOP. Councilman DeVilbiss said he will attend as many meetings as he can. Council agreed Ruth Kruger should be the P&Z appointment. Councilman Torre moved to approve the make up of the citizen's task force, Jonathan Lewis, Bill Weiner, Tim Semrau, Jason Beavers, Sarah Chase Shaw, David Pizzuti, Jason Lasser, and Sandy Johnson; seconded by Councilman DeVilbiss. Al1 in favor, motion carried. ORDINANCE #34. SERIES OF 2006 - Supplemental Appropriations Paul Menter, finance director, told Council this is the third supplemental request of 2006. A large majority of this appropriation is interfund transfers and $1.9 million are new requests. Menter pointed out there is a reduction in the asset management fund mainly from the animal shelter affordable housing project. Menter noted community development department requests are funding for moratorium consultant fees, which Council previously reviewed. Menter said parks and open space requests $2.9 million to pay off the interfund loans for the SPARC donations for the recreation center proj ect. Menter told Council SP ARC still owes the city $1 million and they are meeting they payment schedules. There is about $600,000 in the housing fund for greening the Burlingame project. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #34, Series of2006, on second reading; seconded by Councilman DeVilbiss. Rol1 cal1 vote; Councilmembers Torre, yes; Johnson, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. 7 Reeular Meetinl!: Aspen City Council September 11, 2006 ORDINANCE #37, SERIES OF 2006 - Dean Street Vacation Councilman Johnson recused himself because he lives within 300 feet. Bentley Henderson, assistant city manager, told Council this is a request for a vacation of Dean street that abuts the Lift One and Timberridge condominiums. Henderson said based on the parcel and the impact of a 1969 civil action, staff recommends approval of the vacation. This is a very smal1 parcel. Paul Taddune, representing the applicant, told Council this issue came about when the Lodge at Aspen was going through their conceptual review. The request from Lift One is to al10w them to continue their improvements to the swimming pool area. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Taddune showed Council the portion of Dean street, subject of a civil action, that belongs to Lift One. There is a smal1 remnant and this proposal is to square off the portion and the Lodge at Aspen wil1 convey its portion of the vacated area to Lift One. Councilwoman Richards asked if this would increase the FAR available to Lift One. Taddune said it wil1 not increase the FAR and al1 it will al10w Lift One to do is remodel the swimming pool area. Councilman DeVilbiss moved to adopt Ordinance #37, Series of2006, on second reading; seconded by Councilwoman Richards. Councilman DeVilbiss stated in general he does not favor vacation of city property; however, there is nothing to be gained by the city retaining this parcel. Roll cal1 vote; Councilmembers DeVilbiss, yes; Richards, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. POLICY REGARDING FINANCIAL SUPPORT OF LOCAL BUSINESSES Councilwoman Richards brought up city-ownership or purchases of businesses. Councilwoman Richards noted Les Holst requested Council consider a matching grant towards fund raising to purchase the Explore Booksellers. Mayor Klanderud said she would have a difficult time supporting a funding raising effort to purchase the Explore Booksel1ers without having more information. Mayor Klanderud said there are non-profits and businesses looking for space in the city. Councilwoman Richards asked if Council would entertain putting out a matching grant if the non-profit fund raising to purchase the Explore Booksel1ers comes to fruition. Councilman DeVilbiss said this is a complex issue. Council has discussed this in context with amendments to the land use code. Councilman DeVilbiss said he does not know where the city would stop. Aspen is unique in that the value of property and trying to keep 10cal1y serving businesses. Councilman DeVilbiss agreed Explore Booksel1ers in important to the cultural soul of the community. Councilman DeVilbiss said he is not willing to make any further commitments. 8 Rel!:ular Meetinl!: Aspen City Council September 11,2006 Councilman Torre said the problem in Aspen is the development dollars that do not care about the community. Councilman Torre requested staff look at other communities and what they have done to preserve businesses like bookstores. Councilman Torre said he would like to know the tools the Council can use. Councilman Torre stated he is willing to look at city support of preserving business but he needs more information. Councilman Torre said one option would be to look at giving bridge loans. Councilman Johnson pointed out at the community core beliefs meeting, the people in attendance indicated they were interested in saving businesses, although outright purchases were low on the list of ways to accomplish that. Councilman Johnson said if the city does not do something, 10cal1y serving businesses may disappear altogether. Councilman Johnson noted the real estate market in Aspen is irrational. Mayor Klanderud said she is uncomfortable with repeated requests to Council to spend community tax money to save different businesses. Councilman Johnson said there is an interest in town about doing something to help 10cal1y serving businesses. Councilman Johnson said a 501(C)(3) needs further investigation. Councilman Johnson said the city putting up to $2 million into Explore Booksel1ers would be rash. Councilman Johnson said public participation in saving locally serving businesses should be part of Council's discussion. Councilwoman Richards asked if Council is interested is putting up a matching grant for people to be able to do fund raising to purchase the Explore Booksel1ers. Mayor Klanderud said she does not favor a matching grant. Councilman DeVilbiss said he is in favor of exploring what the city can do to save the bookstore. Councilman DeVilbiss stated he is obligated to deal responsibly with taxpayer's monies. Councilman Johnson said buying real estate is a guaranteed .investment. Councilman Johnson said he would be willing to listen to any ideas about helping local businesses. Mayor Klanderud pointed out there are serious health and human service needs in the community, like continuing care, day care and a sober house. Mayor Klanderud said it is not up to the city to bail every business out in a situation like this. Les Holst said there are certain things that hold communities together, like ritual and profound meetings places, like the music tent, the Wheeler and Explore Booksellers. Holst said a town without history has no future. Mayor Klanderud agreed special places are important to a community and Explore is a special place. Councilwoman Richards moved to allocate up to $100,000 in general fund revenues as a matching grant towards a non-profit or citizens initiative to purchase and maintain Explore Booksellers as a bookstore. Motion NOT carried. Council agreed they would be willing to listen to a business plan and financial backing and even pledge some money; however, this is not the time and more information is needed. Councilman DeVilbiss moved to go into executive session at 7:50 p.m. pursuant to C.R.S. 24-6- 402(4)(a)(b)(e) to discuss acquisition of property, the Isis movie theatre and an undisclosed piece of property; seconded by Councilman Torre. Al1 in favor, motion carried. 9 Rel!:ular Meetinl!: Aspen City Council September 11, 2006 Councilman DeVilbiss moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilman Torre. Al1 in favor, motion carried. Councilman DeVilbiss moved to suspend the rules and extend the meeting to 9:45 p.m.; seconded by Councilman Torre. Al1 in favor, motion carried. Councilman DeVilbiss moved to come out of executive session at 9:45 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman DeVilbiss moved to adjourn at 9:45 p.m.; seconded by Councilman Torre. Al1 in favor, motion carried. 10