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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 I 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 2 Rel!ular Meetinl! 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 3 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. 4 Rel!ular Meetinl! 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 5 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 6 Rel!ular Meetinl! Aspen City Council 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. / 7