HomeMy WebLinkAboutminutes.council.20061010
Re2ular Meetin2
Aspen City Council
October 10, 2006
PRESENTATION BY BILL LIPSEY - Bird's Eye Map .................................................. 2
COMMUTER ALL STAR AWARDS ...............................................................................2
PROCLAMATION - Domestic Violence Awareness ....................................................... 2
CITIZEN COMMENTS ..................................................................................................... 2
COUNCILMEMBER COMMENTS .................................................................................. 2
CONSENT CALENDAR ................................................................................................... 3
. Resolution #84,2006 - Acceptance of Gift from Bill Lipsey................................ 3
. Minutes - September 25, 2006 ............................................................................... 3
FIRST READING OF ORDINANCES..............................................................................3
. Ordinance #40,2006 - Bidwell Historic Designation............................................ 3
. Ordinance #41,2006 - 625 East Main (Stage Three) Redeve1opment................... 3
ORDINANCE #33, SERIES OF 2006 - Impact Fees ........................................................4
RESOLUTION #85, SERIES OF 2006 - Temporary Use Permit Boogie's Diner............ 5
ARC ENERGY AUDIT RECOMMENDATIONS ............................................................ 6
RESOLUTION #86, SERIES OF 2006 ~ Contract Design Services ARC Energy Audit. 7
RESOLUTION #87, SERIES OF 2006 - Contract Installation of Pool Covers ................7
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Re2ular Meetin2
Aspen City Council
October 10, 2006
Mayor K1anderud called the meeting to order at 5:00 p.m. with Counci1members Torre,
Johnson, Richards and DeVilbiss present.
Council held a moment of silence for those who have given their lives in foreign lands
and for those who have suffered with the school shootings and violence.
PRESENTATION BY BILL LIPSEY - Bird's Eye Map
Bill Lipsey explained about a Bird's eye map of Aspen done in 1893 n by Augustus
Koch. Lipsey said these types of maps were created to spread the word about new cities
in the west. Lipsey told Council he wanted to rework and enhance this map. Lipsey
unveiled this map, hung behind the Council table. This map shows railroads, houses,
mines, downtown, streets and geological points. The map is a reminder of the courage
and energy of the early settlers. This map is to hang in Council chambers as long as the
City Council wants it, ifno longer wanted; it is to be returned to Bill Lipsey.
COMMUTER ALL STAR AWARDS
Lacey Gaechter, environmental health department, reminded Council these awards are
given to city employees who commute in an alternate way, walking, biking, bus. Ms.
Gaechter presented commuter all-star awards to Augustine Argueta, Gram Slaton and
David Braisted.
PROCLAMATION - Domestic Violence Awareness
Mayor Klanderud and Council proclaimed October domestic violence awareness month
and recognized Response for providing 11,000 volunteers hours supporting survivors of
domestic violence, and providing housing. Council presented the proclamation to Peg
McGavock, director of Response. Ms. McGavock invited Council to a ceremony at the
Garden of Hope next week where a bench to Ida Truscott, founder of Response will be
dedicated. Councilwoman Richards urged a yes vote on 1A to extend the property tax to
support people who help social services.
CITIZEN COMMENTS
1. Toni Kronberg requested a pumpkin patch in the Library Park Plaza. Ms.
Kronberg said the civic master plan is going to P&Z. Ms. Kronberg requested the city
put up story poles for the proposed recycle center buildings. Ms. Kronberg told Council
her goal for the use of library plaza is to get citizens involved in the civic master plan.
2. Paul Taddune submitted a letter from an adjacent property owner regarding Stage
III redevelopment ordinance.
COUNCILMEMBER COMMENTS
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Re2ular Meetin2
Aspen City Council
October 10, 2006
1. Mayor Klanderud announced the city has completed negotiations for a
public/private/non-profit partnership to preserve the Isis theatre. Details need to be
worked out. There was a lot of negotiations and work on this project and all involved are
to be congratulated.
2. Mayor Klanderud thanked the Ski Company for the NEPSA awards and also for
the film Mountain Town, which premiered last week. This film portrayed 11 Aspen
citizens illustrating the diversity of people who live in Aspen.
CONSENT CALENDAR
Councilman Torre moved to approve the consent calendar; seconded by Councilman
DeVilbiss. The consent calendar is:
. Resolution #84,2006 - Acceptance of Gift from Bill Lipsey
. Board Appointments
Planning & Zoning - Dylan Johns
Liquor License Authority - Gary Esary; Bill Murphy; Larry Winnerman;
Steve Goldenberg; Peter Helburn
Open Space and Trail Board - Howie Mallory; Fred Peirce
. Minutes - September 25,2006
All in favor, motion carried.
FIRST READING OF ORDINANCES
. Ordinance #40, 2006 - Bidwell Historic Designation
. Ordinance #41, 2006 - 625 East Main (Stage Three) Redevelopment
Councilman DeVilbiss moved to read Ordinances #40 and 41, Series of2006; seconded
by Councilman Torre. All in favor, motion carried.
ORDINANCE #40
Series of 2006
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING HISTORIC
DESIGNATION FOR THE PROPERTY LOCATED AT 434 EAST COOPER
AVENUE, LOTS Q, R, AND S, BLOCK 89, CITY AND TOWNSITE OF ASPEN,
COLORADO
ORDINANCE #41
Series of 2006
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, A SUBDIVISION AND CONOMDINIUMIZATION FOR 625 EAST
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Re2ular Meetin2
Aspen City Council
October 10, 2006
MAIN STREET, LOTS 3, F, G EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY
AND OTWNSITE OF ASPEN, COLORADO, PITKIN COUNTY
Councilman DeVilbiss moved to adopt on first reading of Ordinances #40 and 41, Series
of2006; seconded by Councilman Torre.
Amy Guthrie, community development department, told Council the applicantsfor
Ordinance #41 would like to move the public hearing from November 13 to January 8,
2007. Council agreed January 8, 2007, would be acceptable. Council requested a site
visit for Stage Three with story poles. The adjacent neighbors and applicant will be
present. Councilwoman Richards requested for the public hearing on the Bidwell
building that the historic preservation officer hired by the city be present. Councilman
Johnson requested HPC minutes in the packet.
Roll call vote; Councilmembers Richards, yes; Torre, yes; DeVilbiss, yes; Johnson, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #33, SERIES OF 2006 - Impact Fees
Jennifer Phelan, community development department, requested this be continued for two
weeks after the public hearing and Council questions.
Ms. Phelan told Council when staff was doing calculations on school dedication; the fee
was higher than anticipated. Staff is working with the school district to refine these. Ms.
Phelan reminded Council impact fees insure growth pays its way and so that the city's
level of service can be maintained when growth happens. State law authorizes fees. The
city has had a park dedication impact fee in effect since 1988 and a school land
dedication collected on behalf of the school district. This land dedication has been in
effect since 1995. The existing impact fees have not been updated since their adoption.
Ms. Phelan told Council the city hired a consultant who reviews impact fees to update the
existing fees and to look at the feasibility of additional fees. This ordinance updates the
park dedication and school land dedication and imposes new transportation demand
management and air quality impact fees. Stafflooked at a storm drainage impact fee but
decided to wait and to see how the storm water utility plan evolves. The fire district
suggested a fire impact fee for purchase of equipment; however, that is not part of this
ordinance.
The current impact fee structure is based on a per bedroom and a net leasable fee. When
one adds bedrooms, an impact fee is assessed. The ordinance proposes the fees be
assessed in the same way; per bedroom and net leasable. The existing impact fee
ordinance provides a credit for existing bedrooms, which is retained in this amendment.
Ms. Phelan noted historic properties are excluded from impact fees. This ordinance
amends that so only the actual historic structure would be exempt and any new structure
or bedrooms would be assessed those fees. The ordinance includes allowing Council to
waive the fees for essential public facilities. Council has the discretion to waive the fees
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Re2ular Meetin2
Aspen City Council
October 10, 2006
for affordable housing; this is not mandatory. Ms. Phelan pointed out due to the value of
parks and the capital structure for parks, the development impact fee has increased.
Councilwoman Richards asked ifthere is an opportunity for these impact fees on
residential buildings to be deferred until sale of the property. Ms. Phelan said the
requirement is to pay the fee at issuance of building permit. Ms. Phelan said she will
look into deferrable of the payment.
Mayor Klanderud opened the public hearing.
Tom Dunlop said the staff has discussed having fees to offset PM10 or other air quality
degradation for years. One issue was the city having to follow through with their
obligations and staff time in perpetuity. Dunlop said staff has created a fair and equitable
program, based on sound engineering and financial data. This will be a one time
application and payment to the city.
Councilman Torre moved to continue Ordinance #33, Series of2006, to October 23,
2006; seconded by Councilman DeVilbiss. All in favor, motion carried.
RESOLUTION #85, SERIES OF 2006 - Temporary Use Permit Boogie's Diner
Councilwoman Richards stepped down due to a conflict of interest. Joyce Allgaier,
community development department, told Council this request is to maintain and expand
an existing awning/tent on the second floor patio of Boogie's Diner. Ms. Allgaier noted a
tent has sides, creating an enclosure, which constitutes a structure and requires growth
management mitigation.
Ms. Allgaier noted in 2003, Council granted a temporary use permit to allow this area to
be partially tented for 180 days. This is a request for 600 square foot tent to be used
during the colder part of the year. This request would extend the existing tent/awning to
the edge of the wall. Staff recommends approval of this request recognizing this has been
in existence in some form for years. Ms. Allgaier said this temporary use should expire
April 2007 and the tent sides should be removed. The community development director
may approve future requests if they are consistent with this approval.
Ms. Allgaier pointed out Boogie's cannot submit a land use application for an expansion
because of the current moratorium. Ms. Allgaier said the applicant has indicated they
would like to do that in the future. The awning itself without sides does not require new
net leasable and growth management approval. Councilman Torre asked if this new
configuration will cause snow to fall on pedestrians. Lennie Weinglass, applicant, noted
there is an 8' setback from the sidewalk where pedestrians walk. The snow is removed
from the patio by staff.
Weinglass said he is not asking for any additional seating or new net leasable. Weinglass
noted during the winter he cannot seat people outside although the seating is there.
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Re2ular Meetin2
Aspen City Council
October 10, 2006
Weinglass said the way the patio is designed, the snow melts onto the patio and then
freezes during the night and makes an ice rink.
Mayor Klanderud opened the public hearing.
Mark Friedberg stated this request is warranted and is in the best interest of town. Toni
Kronberg said she supports this request. A letter from Susan Welsh was entered into the
record not in favor of this were to be on the sidewalks; however, the second floor will not
take away any views.
Mayor Klanderud closed the public hearing.
Councilman Torre moved to approve Resolution #85, Series of2006; seconded by
Councilman DeVilbiss. All in favor, motion carried.
ARC ENERGY AUDIT RECOMMENDATIONS
George Pucak, Ice Garden, said staff looked at the ARC and ways to meet the city's
canary initiative. Long Energy Solution was hired to look at energy and cost saving
measures at the systems at the ARC. The packet contains a report on those energy
savings as well as the costs to implement and the pay back period, which vary from I
month to 10 years. Pucak noted staff recommends implementation of all the Long energy
Solution projects. Mayor Klanderud noted the recommendations state the ARC should
switch from Holy Cross to city energy. Council already decided that should be
accomplished.
Councilwoman Richards said the memorandum states "up to $138,000/year savings" and
are the minimum savings. Doug Hargrave, LONG Energy Solutions, said they feel their
estimates are conservative. Mayor Klanderud asked if any of these will be funded
through the REMP funds and CORE. Pucak said that is a possibility and staff will make
those requests. Councilwoman Richards said she would like every item to also include
possible disruption of service. Hargrave said there are no closures anticipated in this
work.
Councilman Johnson asked if the savings will be tracked. Steve Barwick, city manager,
said they will be. Councilman Johnson asked what will be done with the savings, will
they be reinvested in the ARC or other city facilities. Barwick said some of the money to
do these projects will be borrowed from other funds so the 9% savings will be used as
repayment. ARC is part of the general fund and savings will be accrued to the general
fund and should help keep the subsidy to the ARC. Councilman Torre asked if energy
saving measures will be included in the new outdoor facility. Jeff Woods, parks director,
said these measures will be used in the new facility.
Tom Marshall said this building was opened 3 years ago and the city is proposing to
spend $1 million on a building supervised by the city. Marshall asked what has changed
in only 3 years. Barwick answered a lot of these items were not included in the original
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Re2ular Meetin2
Aspen City Council
October 10, 2006
ARC. Barwick said many of these items could not be afforded in the original budget.
Barwick noted there are more resources available now. Barwick said adding pool covers
was something staff knew from the beginning they would do but needed to see how the
building functioned first. The pool cover has to be stored and a location for that needs to
be found. Councilman Johnson said another issue is the increased awareness in energy
and efficiency. Councilman Johnson noted the ARC can operate just fine without these
additions. Barwick said CORE was involved and made suggestions about energy
investments that should be made. The top items were built into the ARC but not
everything could be funded.
Mayor Klanderud said the city always expected an energy audit would be done.
Councilman Torre agreed there is an issue about trying to upgrade a building that is only
3 years old; however, the city is trying to move forward with energy savings.
Councilman Johnson said he feels this is a positive step to lower the energy costs; the city
does not need to make these expenditures. Paul Menter, finance director, said part of this
proposal is to take $1 million city money, which is sitting in an investment portfolio, and
turn it into a return of9% or more for years. This proposal will pay for itself. Jeff
Woods, parks director, noted that the canary initiative was not part of the city's values
when the building was built.
RESOLUTION #86, SERIES OF 2006 - Contract Design Services ARC Energy Audit
Councilwoman Richards moved to approve Resolution #86, Series of2006; seconded by
Councilman DeVilbiss. All in favor, motion carried.
RESOLUTION #87, SERIES OF 2006 - Contract Installation of Pool Covers
Councilman Torre moved to approve Resolution #87, Series of2006; seconded by
Councilman Johnson. All in favor, motion carried.
Councilman DeVilbiss moved to go into executive session at 7:30 p.m. pursuant to
C.R.S. 24-6-402( 4)(b), conferences with attorney for local public body; seconded by
Councilman Johnson. All in favor, motion carried. Also present are John Worcester,
city attorney, and Steve Barwick, city manager.
Councilman Johnson moved to come out of executive session at 7:45 p.m.; seconded by
Councilman DeVilbiss. All in favor, motion carried.
Councilman DeVilbiss moved to adjourn at 7:45 p.m.; seconded by Councilman Torre.
All in favor, motion carried.
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