HomeMy WebLinkAboutminutes.council.20070326
Rel!ular Meetinl!
Aspen City Council
March 26. 2007
PROCLAMATION - Aspen History Week .......................................................................2
CITIZEN COMMENTS ..................................................................................................... 2
COUNCILMEMBER COMMENTS .................................................................................. 3
CONSENT AGENDA ........................................................................................................ 4
. Resolution #20, 2007- LEAF contract ................................................................... 4
. Resolution #21,2007- Contracts - Vehicle Replacement/Snow Blower............... 4
. Resolution #22,2007- Contracts - Vehicle Replacement/Pickups........................ 4
. Resolution #24,2007 - Contract - Web Site Consulting Services......................... 4
. Request for Main Street Flags - Earth Day............................................................ 4
. Minutes - March 12, 13, 20, 2007.......................................................................... 4
RESOLUTION #23, 2007- Contract - Burlingame Trail Construction ............................ 4
RESOLUTION #25, 2007 - Contract - ACRA Service Agreement.................................. 5
REQUEST FOR FUNDS - Aspen Grove Cemetery .......................................................... 5
ORDINANCE #8, SERIES OF 2007 - Aspen Highlands Village Subdivision................. 5
ORDINANCE #7, SERIES OF 2007 - Code Amendment - Urban Wildfire.................... 5
ORDINANCE #5, SERIES OF 2007 - Lodge as Aspen Mountain PUD/Subdivision...... 6
ORDINANCE #6, SERIES OF 2007 - Isis Theatre Change in Use .................................. 6
RESOLUTION #26, SERIES OF 2007 - Ballot Language - Little CloudlBarbee open
Space................................................................................................................................... 6
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Rel!ular Meetinl!
Aspen City Council
March 26. 2007
Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Tygre,
Torre and Johnson present.
PROCLAMATION - Aspen History Week
Mayor Klanderud and Council proclaimed March 26 to 30 as Aspen History Week and
urged citizens and tourists to celebrate and participate in the events this week.
Councilman Torre invited everyone to the Old Fashioned Contra Dance at the Jerome,
Thursday, March 29th.
CITIZEN COMMENTS
1. Dick Butera reminded Council he owned the Hotel Jerome in the 1980's. Butera
told Council he met the Gaylords and heard their plans for renovation of the Jerome,
which he thought was amazing. Butera said the Gaylords are not the type of family that
needs to be accused of flipping real estate for profit. Butera said staff nitpicked the
project to keep what was historical in the Jerome. Butera told Council when he owned
the Jerome, he gutted it to the joists, and only 6 light fixtures were kept. Butera said he
brought the historical fixtures in the Jerome from an old house in St. Joseph, Missouri.
Butera said the Gaylords were going to preserve the items put in the Jerome by him.
2. Les Holst gave Council copies of legislation enacted in California prohibiting
time share ownership. Holst urged Council to look into this for Aspen as with more and
more time shares, the economic viability of a town disappears. Tourists are different
from timeshare owners. Holst said he would like Council to enact emergency ordinance
to protect interiors of building built before 1920. Holst said historic preservation is about
scale and mass and how people live in a community.
3. Jon Busch said preservation the Red Onion is about preserving the historic
character of Aspen. Busch said he hopes Council can come up with an ordinance to
protect interiors of historic buildings.
4. Junee Kirk agreed Council needs to take urgent action to preserve Aspen's
historic buildings. One the historic buildings are gone, it is too late.
5. Mickey Alper said there is an increasing amount of graffiti around town on
garbage cans, stop signs, parking signs. This seems to be proliferating.
6. Toni Kronberg said HPC seems to be making decisions in conflict with City
Council's goals and those of the community. Ms. Kronberg noted the work session on
outdoor pools has been changed to April 24th. Ms. Kronberg said she does not
understand why the city and county are putting time into a joint planning process for the
Zupancis/library property before there is a public vote.
7. James March brought up soil nailing as a construction technique. March told
Council there is soil nailing happening next to his house with a large compressor going
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Aspen City Council
March 26, 2007
12 hours a day. The noise is incredible and it makes the entire house shake. Mayor
Klanderud noted Council is having a work session on construction management issues
next week.
COUNCILMEMBER COMMENTS
1, Mayor Klanderud extended Council's sympathy to the family of Art Pfister who
died today. He and his family made major contributions to the Aspen community.
2. Mayor Klanderud requested reconsideration of Resolution #18, bus lanes from
Buttermilk to the roundabout ballot question at the end of the agenda.
3. Councilman Johnson stated it is inappropriate for people to blame staff for what
Council requests of them. Councilman Johnson said it is appropriate to criticize Council;
staff is acting on Council's directives.
4. Councilman Johnson said regarding the Hotel Jerome and the interiors, the
Gaylords claim is that the community benefit was the renovation to the interior in
exchange for variations to the PUD. Councilman Johnson stated no one asked the
Gaylords to re-open the PUD. Councilman Johnson asked what can happen at the Red
Onion. Chris Bendon, community development department, said Ordinance #2, the
commercial core moratorium requires preservation of historic interior elements and also
the character and intensity of the use cannot change so protections are in place.
5. Councilman Torre encouraged people to run for City Council and to get involved
in the municipal election May 8th. The last day to register to vote is April 9th.
6. Councilman Torre said St. Patrick's day was fantastic from the dinner at the
Catholic Church, the Elk's Club and other establishments in town.
7. Councilman Torre announced this coming weekend starts the disabled veterans'
ski week in Aspen. Volunteers are always needed and it is a fabulous event.
8. Councilman Torre said the moratorium gives Council a chance to pass new code
amendments to make positive changes for the community. Councilman Torre said
Council is working hard and he feels like they are making great steps toward preservation
of this town.
9. Councilman Torre asked about having an election question on the development at
the library Plaza Zupancis property before there is more master planning. Councilman
Torre said he is concerned that a lot of planning goes on before the intentions of the
voters are known. Councilman Torre said he would rather see the public weigh in first.
Mayor Klanderud said before putting a question on the ballot, there should be plans on
how the city will use the property. The design charette last week was open to the public.
Mayor Klanderud said it makes sense to decide what could be done with the parcels
before putting a ballot question to the electorate. Councilman Torre said he is concerned
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Rel!ular Meetinl!
Aspen City Council
March 26. 2007
about the master planning process for the Rio Grande. If everything possible were built,
it would be a negative impact on that area. Councilwoman Tygre agreed and noted in the
1993 Rio Grande master plan, certain areas were identified for certain uses.
Councilwoman Tygre said it is not necessary to come up with full plans in order to
explain to the voters what the potential uses might be. Councilwoman Tygre said
projects take on a life of their own before they even get to the ballot.
10. Randy Ready, assistant city manager, announced there is a community meeting
Wednesday March 28 at 5 p.m. on the Entrance to Aspen. On April 10 at noon and 5:30
at the Wheeler Opera House, everyone with an opinion on the Entrance is Aspen is
invited to express their opinion through real time voting.
CONSENT AGENDA
Councilman Torre moved to pull Resolution #23, Burlingame Trail Construction
Contract. Mayor Klanderud pulled Resolution #25, ACRA Service Agreement as she has
to recuse herself. Councilman Johnson pulled Request for Funds - Aspen Grove
Cemetery.
Councilman Torre moved to approve the consent calendar as amended; seconded by
Councilwoman Tygre. The consent calendar is:
. Resolution #20, 2007- LEAF contract
. Resolution #21, 2007- Contracts - Vehicle Replacement/Snow Blower
. Resolution #22,2007- Contracts - Vehicle Replacement/Pickups
. Resolution #24, 2007 - Contract - Web Site Consulting Services
. Request for Main Street Flags - Earth Day
. Minutes - March 12, 13, 20, 2007
All in favor, motion carried.
RESOLUTION #23. 2007- Contract - Burlingame Trail Construction
Toni Kronberg asked if the trails will be built with shoulders that can withstand the
weight of horses. Scott Chism, parks department, said this trail crosses private property
and the owners have granted an easement for a pedestrian trail. The trail is being built to
the parks specifications.
Councilman Johnson moved to approve Resolution #23, Series of2007; seconded by
Councilman Torre. All in favor, with the exception of Councilwoman Tygre. Motion
carried.
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Aspen City Council
March 26. 2007
RESOLUTION #25. 2007 - Contract - ACRA Service Agreement
Mayor Klanderud recused herself as a member of her family is an employee of ACRA.
Councilman Johnson moved to approve Resolution #25, Series of2007; seconded by
Councilwoman Tygre. All in favor, Mayor Klanderud abstaining; motion carried.
REQUEST FOR FUNDS - Aspen Grove Cemetery
Councilman Johnson stated he is in favor of his but is concerned about the comments
received from the state historical fund. Councilman Johnson suggested a public outreach
campaign to make this more of a community-wide effort. Sara Adams, community
development department, told Council the deadline to submit this grant request is April
3rd so there won't be time to do community outreach for phase I. Ms. Adams said phase
II is the implementation. Councilman Johnson said there will be time to do community
outreach for phase II. Ms. Adams said phase 1 is surveying, documentation, figuring out
what is in the cemetery, how the environment can be kept.
Councilman Johnson moved to approve the request for funds for Aspen Grove cemetery;
seconded by Councilwoman Tygre. All in favor, motion carried.
ORDINANCE #8. SERIES OF 2007 - Aspen Highlands Village Subdivision
Councilwoman Tygre stated she voted on this application at P&Z and will not be voting
on this at Council.
Councilman Torre moved to read Ordinance #8, Series of2007; seconded by Councilman
Johnson. All in favor, motion carried.
ORDINANCE NO.8 - 2007
AN ORDINANCE OF THE ASPEN CITY COUNCIL
APPROVING WITH CONDITIONS A SUBDIVISION AND
CONDOMINIUMIZATION AMENDMENT ASSOCIATED WITH A OF
CONVERSION CONDOMINIUM MEETING ROOM SPACE AND COMMERCIAL
SPACE TO ONE (I) FREE MARKET RESIDENTIAL UNIT FOR THE PROPOERTY
LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS
CONDO PH 2 AND ASPEN HIGHLANDS BLOCK H CITY OF ASPEN, CO, PITKIN
COUNTY, COLORADO
Councilman Torre moved to adopt Ordinance #8, Series of2007, on first reading;
seconded by Councilman Johnson. Roll call vote; Councilmembers Johnson, yes; Torre,
yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #7. SERIES QF 2007 - Code Amendment - Urban Wildfire
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Rel!ular Meetinl!
Aspen City Council
March 26. 2007
Stephan Kanipe, building department, told Council management requested this ordinance
be developed. There was an assessment of all the property within the city limits to
determine what the hazards of each area are. Kanipe said the methods to determine this
have to do with the angle and degree of slope, the vegetation on those slopes. Kanipe
presented the map of the 3 wildfire zones, low, moderate and high, in the city limits.
Kanipe said zones recommended for changes in construction are in the high wildfire
hazard zone. The majority of the areas within the high wildfire zone are not built on.
The only exception to that is 30 lots at the top of Knollwood, which are presently
undeveloped. This ordinance would require a class A roof covering, which is that the
shingles pass severe fire exposure tests. Kanipe said the fire retardant processing has
been developed over many years. Kanipe pointed out Pitkin County has chosen to ban
shake shingles entirely because of the remoteness of some properties in Pitkin County
and the lack of access to those properties as well as water supply.
Mayor Klanderud opened the public hearing. There were no comments. Mayor
Klanderud closed the public hearing.
Councilwoman Tygre moved to adopt Ordinance #7, Series of2007, on second reading;
seconded by Councilman Torre. Roll call vote; Councilmembers Torre, yes; Tygre, yes;
Johnson, yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #5. SERIES OF 2007 - Lodge as Aspen Mountain PUD/Subdivision
Councilman Torre moved to continue Ordinance #5, Series of2007; seconded by
Councilwoman Tygre. All in favor, motion carried.
ORDINANCE #6. SERIES OF 2007 - Isis Theatre Change in Use
Councilman Torre moved to continue Ordinance #6, Series of2007; seconded by
Councilwoman Tygre. All in favor, motion carried.
RESOLUTION #26. SERIES QF 2007 - Ballot Language - Little CloudlBarbee open
Space
Brian Flynn, parks department, said this proposed ballot question would allow the city to
convey about 850 square feet of city property in exchange for 87,120 square feet on
Shadow Mountain privately owned by Little Cloud development. Flynn reminded
Council staff has been working for several years to acquire open space at the base of
Shadow Mountain. There have been acquisition of trails across the mountain. Staff has
been working with Terry Taylor, lot 1 Little Cloud subdivision; Taylor is concerned
about protection of his property from rock fall and avalanche hazards. Taylor worked on
finding a new type of fence, which would require encroaching in the city's Barbee open
space. This fence would have to be extended 850 feet into the city's property.
Flynn told Council the Open Space Board has reviewed and approved this request. The
request was also forwarded to Aspen Valley Land Trust as the conservation holders of the
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March 26. 2007
Barbee parcel. A VL T's Board also supports this request. Flynn said he spoke to Friends
of Shadow Mountain, who also support this exchange ofland. Flynn said the public
benefit is to gain a trail easement across the Little Cloud open space. Flynn said the total
land is 87,120 square feet which will allow for this trail easement as well as to plan trails
farther up the mountain. Eric Musselman, representing Terry Taylor, said the 850 square
feet is in order to build an adequate avalanche and rock fall protection.
Councilman Torre moved to approve Resolution #26, Series of2007; seconded by
Councilwoman Tygre. All in favor, motion carried.
Mayor Klanderud moved to reconsider Resolution #18, Series of2007, Buttermilk to
Roundabout Bus Lanes Ballot Question; seconded by Councilman Torre. All in favor,
motion carried.
Mayor Klanderud suggested "only between Buttermilk and the Maroon Creek
Roundabout, to allow construction, operation and maintenance of a two-lane parkway
and two exclusive bus lanes, or the already-permitted use for a two-lane parkway and a
corridor for a light rail transit system?" be changed to
"only between Buttermilk and the Maroon Creek Roundabout, to allow construction,
operation and maintenance ofa two-lane parkway and two exclusive bus lanes, as well as
the already-permitted use for a two-lane parkway and a corridor for a light rail transit
system?"
Councilman Torre moved to approve amending the language to "as well as"; seconded by
Mayor Klanderud. Councilman Torre and Mayor Klanderud in favor; Councilmembers
Tygre and Johnson opposed. Motion NOT carried.
Councilman Torre moved to go into executive session at 6:35 p.m. pursuant to c.R.S.
24-6-402-4(a) the purchase, acquisition, lease, transfer, or sale of any real, personal, or
other property interest and (b) conferences with an attorney for the local public body for
the purposes of receiving legal advice on specific legal questions; seconded by
Councilwoman Tygre. All in favor, motion carried.
John Worcester, Randy Ready and Bentley Henderson were also present at the executive
sesSIOn.
Councilwoman Tygre moved to come out of executive session at 7: 15 p.m.; seconded by
Councilman Johnson. All in favor, motion carried.
Councilman Johnson moved to continue the meeting to April 2, 2007, at 4 p.m.; seconded
by Councilwoman Tygre. All in favor, motion carried.
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