HomeMy WebLinkAboutminutes.council.20090309Reeular Meetin¢ Aspen Citv Council March 9, 2009
PROCLAMATION -Celebrate History Week ................................................................. . 2
CITIZEN COMMENTS .................................................................................................... . 2
COUNCILMEMBER COMMENTS ................................................................................. . 3
CONSENT CALENDAR .................................................................................................. . 4
Minutes -February 23, 2009 ................................................................................. . 4
• Resolution #15, 2009 -Extension Ordinance #48 Discussion - 219 S. Third....... . 4
ORDINANCE #7, SERIES OF 2009 -Code Amendment Bicycle Safety ....................... . 4
RESOLUTION #16, SERIES OF 2009 -Extension of Vested Rights 920 West Haltam . 4
ORDINANCE #2, SERIES OF 2009 - Buckhorn Lodge Deed Restriction ...................... . 5
ORDINANCE #3, SERIES OF 2009 -Adopting Instant Runoff Voting Procedures ...... . 5
ORDINANCE #4, SERIES OF 2009 -Approving an SPA Amendment for Aspen
Institute .............................................................................................................................. . 9
RESOLUTION #14, SERIES OF 2009 -Ballot Question Sale of Former Youth Center
to Aspen Art Museum ....................................................................................................... 13
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Regular Meetin¢ Aspen City Council March 9 2009
Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Romero,
Skadron, Johnson and Kasabach present.
PROCLAMATION -Celebrate History Week
Mayor Ireland and Council proclaimed March 9 -March 13 as Celebrate History week
and invited citizens and visitors to enjoy the varied Aspen Historical Society events this
week and throughout the year.
I. Marilyn Marks said the CO monitoring ordinance took effect last week and
requested Council explain the ordinance and remind everyone about the code
amendment.
2. Dan Kitchen said at the February 24`h Council work session, they discussed
plastic bags, how to make using your own bags mandatory. Kitchen noted many people
re-use plastic bags, for trash or tote bags or recycle them. Kitchen said there are other
things that use up more of the environment, like private jets landing and not parking at
the airport. Kitchen said reusable cloth bags can be dirty. Kitchen said there should be
voluntary compliance. Kitchen said the materials from tom down structures should be
recycled. Kitchen suggested Council rescind the ordinance that keeps construction
workers out of the city during Christmas and during Food & Wine. Kitchen suggested if
Council supports instant runoff voting, when a Council seat is vacant, Council should
appoint whoever came in next at the last election. Mayor Ireland noted the airport is
under the authority of the Pitkin County Commissioners, who do not have the authority to
make rules about who can land and when. This is under the control of the FAA.
3. Peg McGavock said she has heard there are 20 families at Truscott in danger of
being evacuated. Ms. McGavock urged Council to do what they can to keep working
families in the community.
4. Bill Wiener said he was on the S-curve task force. Wiener said the buses are not
using the bus lanes. Wiener said because of the size and slant, 18-wheel trucks swing
very wide and if the street is allowed to slant to the south, it would facilitate 18-wheelers
through the curves.
5. Andrew Kole said there was a new event, Aspen Fashion Week, and it was
successful with a youthful audience. Council has talked about supplying seed money to
develop new events and Kole said Lisa Johnson, organizer of Fashion Week, should be
included. Kole reminded Council the CCLC had a budget to develop new events. Kole
said from an efficiency standpoint, the CCLC should take care of all outdoor dining
leases rather than have the engineering department do it. Mayor Ireland said he would
support a contribution to Aspen Fashion Week. Councilwoman Kasabach said her
concern with Aspen Fashion week is that all the events were private.
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Regular Meetin¢ Aspen City Council March 9, 2009
6. Roine St. Andre said the city should not be wasting taxpayer's money and should
be lowering the tax levy. There is too much government in Aspen. Ms. St. Andre said
there should be a freeze on bonuses and some of the salaries and benefits are outrageous.
7. Toni Kronberg said the boys' high school basketball team is going to state. Ms.
Kronberg said she is still lobbying for a warm water therapy pool.
8. Jesse Boyce said the bicycle/pedestrian path east of town is very dangerous and
asked if there are plans to fix it. Mayor Ireland said the city is working on a pedestrian
trail on the side of the road and that project will be going forward.
COUNCILMEMBER COMMENTS
1. Councilwoman Kasabach asked if the housing department will look into the issue
of possible eviction at Truscott. Councilwoman Kasabach noted the Town of Snowmass
village is taking a proactive position with regard to housing and she would like the city to
be proactive also.
2. Councilman Skadron reported he backpacked throughout southeast Asia and
presented souvenirs to the Council.
3. Councilman Romero said he and Councilman Johnson discussed the economy and
small businesses and wondered if the city could look into a small business loan or
guarantee. Councilman Romero suggested asking members of the citizen budget task
force or the CCLC to look at that and see if there aze creative methods to help businesses
out.
4. Councilman Romero said the city and the housing office have had discussions
about reinvesting into the city's physical plant, like windows, roofs, HVAC, to make the
buildings more enviromnentally efficient. Councilman Romero said this may be a good
time to reconsider that and to see if there is money to do these projects and to help
employ construction workers in the valley. Mayor Ireland said on assistance to local
business, the city would have to be very careful on who may qualify. Mayor Ireland
agreed the city should look into ways to hire people and to improve the city's
infrastructure. Some affordable housing homeowner's association might be able to do
this with financial help.
5. Mayor Ireland reminded everyone the code amendment requiring carbon
monoxide monitor to be in every house went into effect Mazch 2"a. Elizabeth Milias told
Council the Colorado Senate passed carbon monoxide monitor legislation although it is
not as comprehensive as Aspen's is.
6. Mayor Ireland said the city can only lower the mill levy once a year and that is
addressed during budget time. The city gave a credit against the mill levy for 2009.
Regular Meetin¢ Aspen City Council March 9, 2009
7. Councilman Romero said the RFTA Board retreat is this Thursday in Glenwood
springs.
8. Mayor Ireland reported he will attend the state transportation advisory committee
who is making recommendations to the governor for funding of transportation projects.
Mayor Ireland said several projects in the area are on the list for funding and some are
wait-listed.
CONSENT CALENDAR
Councilman Johnson moved to approve the consent calendar; seconded by Councilman
Romero. The consent calendar is:
• Minutes -February 23, 2009
• Resolution #15, 2009 -Extension Ordinance #48 Discussion - 219 S. Third
All in favor, motion carried.
ORDINANCE #7, SERIES OF 2009 -Code Amendment Bicycle Safety
Councilman Johnson moved to read Ordinance #7, Series of 2009; seconded by
Councilman Romero. All in favor, motion carried.
ORDINANCE N0. 7
(Series of 2009)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 24.12.060 OF THE ASPEN MUNICIPAL
CODE, TRAIL CROSSINGS, YIELDING, SAFE SPEED
Councilman Romero moved to adopt Ordinance #7, Series of 2009, on first reading;
seconded by Councilman Skadron. Roll call vote; Councilmembers Kasabach, yes;
Skadron, yes; Johnson, yes; Romero, yes;, Mayor Ireland, yes. Motion carried.
RESOLUTION #16, SERIES OF 2009 - Extension of Vested Rights 920 West Hallam
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Mayor Ireland moved to adopt Resolution #16, Series of 2009; seconded by
Councilwoman Kasabach.
Councilman Romero asked if the applicant agrees with the condition. David Guthrie,
applicant, said he did. Councilman Skadron asked if the house is historically
landmarked. Guthrie said it is. Councilman Skadron asked at what point in renovations a
landmark property loses its authenticity. Chris Bendon, community development
Regular Meeting Aspen City Council March 9, 2009
department, told Council HPC reviewed this and determined that picking up the garage
did not affect the quality of the landmark.
All in favor, motion carried.
ORDINANCE #2, SERIES OF 2009 - Buckhorn Lodge Deed Restriction
Mayor Ireland said this ordinance will release the deed restriction on this property
restricting the FAR to 1:1 and replacing it with a restriction that this property is subject to
a PUD.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Mayor Ireland moved to adopt Ordinance #2, Series of 2009, on second reading;
seconded by Councilman Romero. Roll call vote; Councilmembers Skadron, yes;
Johnson, yes; Kasabach, yes; Romero, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #3, SERIES OF 2009 -Adopting Instant Runoff Voting Procedures
Jim True, city attorney's office, told Council the instant runoff voting committee met
February 27` and voted to forward a compromise procedure for tabulating instant runoff.
True explained the compromise procedure; each voter ranks their choices for Mayor and
for Council. The ranked choices are tabulated so that a ranking for a continuing
candidate is a vote cast. For Mayor, the candidate who receives the fewest votes cast in
any round is eliminated. This is done sequentially until one candidate receives a majority
of the votes cast and is elected. This is a traditional type of runoff voting tabulation.
In the Council race, two candidates are elected. All electors will rank their choices and
may rank as many choices as there are candidates. There will be space for write-ins. True
said the electors rank their choices, and in the initial tabulation two votes are counted, the
151 and 2„a ranked choice on the ballot. If any one or two candidate reaches a threshold,
which is defined in the procedures, that candidate(s) is elected. If no candidate reaches
the threshold, the procedure reverts to a one count, sequential elimination after the
bottom candidates are eliminated. True told Council if no one is elected in the initial
tabulation, 4 candidates move on and the remaining with the lowest vote counts are
eliminated. The tabulation continues with sequential elimination until one candidates is
elected. After one candidate is elected, the votes are counted again among the remaining
candidates, once again eliminating the candidates with the fewest votes until a second
candidate is elected.
True reiterated this is a compromise between several tabulation methods to address
questions that were raised. This method counts two votes from every ballot in the first
round and based on that count, candidates win or move forward into the instant runoff.
Regular Meeting Aspen City Council March 9, 2009
Mayor Ireland said this would cut the field to the top 4 vote getters if there were no
winner as was the past practice. True said this tabulation method will not allow one's 5t°
ranking to count over one's 2"d ranking, which was a concern.
Councilwoman Kasabach noted 2 committee members did not vote for this compromise
and asked what their reasons were. Barry Crook, committee member, said he did not
vote in favor of single count sequential elimination in the second round but wanted to
continue to have two votes count if there were two offices open. Councilwoman
Kasabach asked why staff is not planning a hand count to back up this tabulation method.
True said this procedure does not address how the ballots will be counted. It is the city
clerk's call on the method of counting. True pointed out these procedures have
liberalized the percentage required for a recount. If a recount is mandated, it will be a
hand count. True said staff feels they can test and certify the counting in an appropriate
manner to use the computer and to have results election night.
Kathryn Koch, city clerk, told Council the Secretary of State's office has stated hand
counts are the most unreliable ballot counting method. Ms. Koch proposed that the
ballots will be the traditional optical scan ballots which will reject any ballot with two or
more ovals filled out in the first column at the polling place so that the voter has the
choice of marking a new ballot. At the end of the election night at each polling place, the
Diebold optical scan machines will produce a tape indicating the number of ballots put
through the machine, the number of first place counts for each candidate as well as the
YES or NO vote totals on any question. The Diebold ballots will be brought to city hall
counting center for tabulating any runoff necessary. The computer program will scan
each ballot and tabulate according to these procedures being adopted by Council.
Councilwoman Kasabach said she likes the 3 reports that will be produced by the city
clerk after the election. True said Yz of 1 % was the previous requirement for a recount
and staff felt 3% would give the voters more confidence. True noted no election method
is perfect and this compromise will allow all voters to have their first two choices
counted and if that results in two candidates reaching a majority, that clearly expresses
the will of the voters. If no one reaches a majority, the one count sequential tabulation
eliminates a person's vote counting against themselves and recognizes candidates with
strength in the first and second ranking and who has the broadest support.
Councilman Skadron noted Fairvote recommends against atwo-seat system like this.
True stated Fairvote and other organizations state instant runoff is not necessarily
recommended for two-seat elections. True said multi-seat instant runoff elections do take
place around the country and there have been court challenges, which have been
successfully defended. True told Council the city attorney's office feels this compromise
can be defended. Staff has looked at court cases and has discussed this with
constitutional law experts. The challenges against IRV elections have not been
successful.
Councilman Romero asked how long a hand count would take. Ms. Koch said it will take
12 to 15 hours. Councilman Romero said the original intent was to improve efficiency of
Regular Meeting Aspen City Council March 9, 2009
elections and to reduce the cost and time required between and election and a runoff The
impact of the 30 days between two elections put the city in a holding pattern. True said
this proposed system achieves the original goals. Mayor Ireland asked if the computer
programming is open source code. Ms. Koch said it is open source code. Ms. Koch told
Council there will be logic and accuracy tests done, which will include the public. Staff
will also conduct a post election audit using 5% of the votes from each polling place and
hand counting these ballots to match the results. Ms. Koch told Council she is drafting
protocol for each of these procedures.
Mayor Ireland opened the public hearing.
Neil Siegel told Council he is in favor of this ordinance and the system proposed is
superior to the prior tabulation method. Siegel said this method mimics prior elections
and eliminates the perceived biases of the prior systems. Siegel said he is concerned that
this is a one-shot deal and it has to work on election day. There should be very thorough
testing.
Mazilyn Marks said she has concerns about this ordinance. Ms. Marks said Council's
choice is to put a measure on the ballot saying instant runoff voting is a test. Voting is a
sacred element of democracy and this is an unproven system. Ms. Marks said the voters
could be given the choice to go back to the prior method. Ms. Marks said two-seat
instant runoff voting is untested. Ms. Marks said there will be a challenge in terms of
voter education. Ms. Mazks said she feels this will keep voters from the polls. Ms.
Marks said she hopes Council will reconsider this voting method.
Andrew Kole said the original system required 45% for a person to get elected to Council
and this requires 50% plus 1 vote to get elected. Kole said staff should explain why this
changed. Mayor Ireland noted this was part of the Charter amendment, which adopted
instant runoff voting procedures and increased the percentage to be elected to Council to
a majority. Kole asked if there is a downside to this. True said all elections have a
downside, like the previous election procedures did not address tie votes.
Mayor Ireland closed the public hearing.
Mayor Ireland moved to adopt Ordinance #3, Series of 2009, on second reading;
seconded by Councilwoman Kasabach.
Councilman Johnson encouraged Council to support the procedures adopted by this
ordinance. Councilman Johnson also encouraged voters to listen to the voter education
efforts of city staff. Councilman Johnson said all a voter needs to know is how to rank
their preferences from first to last, which people do every day. Councilman Johnson said
the voters voted in favor of adopting instant runoff voting procedures by 70%.
Councilman Johnson said it does not make sense to ask the voters the same question
again. Councilman Johnson said this system will eliminate the voters coming back 30
days later to vote again.
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Regular Meeting Aspen City Council March 9, 2009
Councilman Romero asked how this recommended compromise compares to the previous
procedure. True said the previous procedure was two-vote count batch elimination,
continuing those two counts if 4 candidates moved on. That lead to the criticism that this
could lead to a voter's 5`h ranked choice outweighing their 2"d rank choice. True said one
of the theories of instant runoff is not to have one's lower ranks count against their higher
ranked candidate. True said this proposal would eliminate that situation. True stated this
addresses the goals of efficiency and also mimics Aspen's election history of voting for 2
candidates at once. This is a system that will get fair representation.
Councilman Romero said the perceived downside is the inherent distrust in technology
and new procedures. There is a perceived risk in error of technology. Councilman
Romero suggested for this first election a manual hand recount to address the perceived
lack of trust. Councilman Romero stated he is in favor of this procedure but would like
an added insurance policy of hand counting. True pointed out there can only be one
official count and the city clerk designates which count that is. The clerk has sole
responsibility to determine the election winners and the city has to choose which system
that is before the election.
Mayor Ireland suggested a 10% hand count of the polling places for the post-election
audit and if that creates sufficient doubt, the entire election could be hand counted. This
audit would be more comprehensive because it is a new system. This would give people
confidence that the machine counted the election the way it was supposed to.
Councilman Skadron asked if this method will be tested prior to the election. Ms. Koch
told Council logic and accuracy tests are conducted before all elections; this is not a new
procedure. Ms. Koch said she is writing the procedures to have any candidate or question
representative be able to participate in the LAT.
Councilman Skadron asked about voter education. Ms. Koch said she will devise a
sample ballot brochure to be mailed to every registered voter. Staff will produce a video
for play on Grassroots as well as on the city's streaming website. Ms. Koch said there is
a test ballot on the city's website. Councilman Skadron said he feels this compromise is
honoring the voter's intent and will increase efficiency and this mimics historic voting
procedures.
Mayor Ireland said to ask the voters about a voting system on the same day the ballot for
Council and Mayor are being counted would undermine candidate's who have submitted
a petition for office under one system and that system is changed on election day and
could alter that to a candidate's detriment. Mayor Ireland are changing the method by
which tabulation is done during election day, what happens if the voters vote 50/50 on
which election system to use or if that vote is so close there is a recount and/or litigation
and who is in office until that is resolved. Mayor Ireland said the original vision of
democracy did not include the secret ballot; people voted orally. The concern with the
secret ballot is the possibility of rigging the election. Mayor Ireland said changing
methodologies is not full proof. The city is still going to use optically scanned paper
ballots but is changing the methodology of tabulation. Mayor Ireland said the public told
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Regular Meeting Aspen City Couucil March 9, 2009
the city what they wanted in 2007 and the city has made their best faith effort to adopt a
system mimicking past practices. This will save time, money and aggravation.
Councilman Skadron moved to amend the motion to adopt the ordinance with minor
amendments as outlined by True; seconded by Councilwoman Kasabach. Roll call vote;
Councilmembers Romero, yes; Kasabach, yes; Skadron, yes; Johnson, yes; Mayor
Ireland, yes. Motion carried.
ORDINANCE #4, SERIES OF 2009 - Approving an SPA Amendment for Aspen
Institute
Jason Lasser, community development department, told Council this has been reviewed
by HPC and by P&Z, both have recommended approval. HPC will review the landscape
plan this week. Lasser noted the conditions are outlined in the ordinance. Lasser said
there has been discussion about the location of the tent and the utilities existing on the
property. Lasser said the application in front of Council locates the tent off the easement,
as requested by city utilities, engineering department, and sanitation district. Lasser said
the top of slope was also a concern, and the location of the tent respects the distance of
15' from top of slope. Lasser said staff recommends approval of the project.
Lasser said the tent is 55' by 134' and 25'6" at the peak of the tent. Lasser pointed out
there is a condition stating the tent will be up from the last Monday in June to the 4`h
Sunday in August, set up a week before and tear down a week after the event. Mayor
Ireland asked if the applicant is in agreement with the conditions listed in the ordinance.
Jim Curtis, representing the applicant, said they are. Councilman Skadron asked the
location of the bike path. Lasser said it is north of the tent and pushed close to the top of
slope while maintaining 15' buffer between the top of slope and the edge of the path.
Councilman Johnson asked how many events will be allowed. Lasser said P&Z
discussed whether to limit the number of events or days and settled on 20 days, with
which the applicant agreed. Councilman Johnson asked how much square footage was
existing under the 1991 SPA agreement before the Paepcke auditorium expansion, how
much with that expansion and how much is required for this tent. Lasser said the
Paepcke auditorium was a 614 squaze foot expansion. The tent is 7370 square feet and
there was unbuilt squaze footage of 3271 after the Paepcke expansion.
Councilman Johnson asked if there will be a requirement for storm water mitigation.
Lasser said the asphalt initially proposed was been reduced by creating a permeable
surface of crushed fines for the terrace and paths. Councilman Johnson asked the total
square feet of impervious material.
Curtis reminded Council the Aspen Institute has had a tent up since 2005, for the last 4
summers, erected under an annual temporary use permit. Curtis said the tent has been
very successful and provides an additional outdoor venue for larger events. Curtis said
the applicants would like to make improvements to the tent to make it a nicer experience
and to try and address the concerns expressed by the neighbors. Curtis said to justify the
Regular Meetiu2 Aspen Citv Couucil March 9, 2009
expense, the Institute needs the certainty of being able to use the tent on a long term
basis, rather than receiving annual approvals. Curtis said the improvements are to buy a
nicer, more designer-type tent; to put a permanent floor underneath the tent and the
applicant is flexible on whether this floor should be concrete or asphalt. Curtis told
Council installing and removing the temporazy plywood floor for the past 4 yeazs is one
of the biggest costs of annual tent erection. Another cost is to put in major landscaping
on the north side of the tent. Curtis told Council the landscaping plan has been approved
by the parks department with 56 trees being planted on the north side of the tent to
include 44 aspens and cottonwoods and 12 evergreen trees.
Curtis went over some requested amendments to the ordinance to add a public hearing
date of P&Z at December 6, 2008; in Section 1 conditions of approval #3 should say,
"Institute shall not exceed 20 days of events". Curtis recommended a new condition be
added that "there shall be no exterior lighting of the Greenwald Pavilion other than
exterior lighting required by building code". Curtis requested the affordable housing
audit condition be deleted. Curtis told Council over the past 4 yeazs of having the tent up
during the summer, the Institute operated the tent with no increase in employees. Curtis
said there is a condition to limit the number of event days, which reinforces the notion the
Institute would not staff up for 20 days. Curtis reminded Council in the 1991 SPA plan,
the Institute and the MAA were deemed essential public facilities and all subsequent
reviews have found these institutions to be essential public facilities.
Curtis pointed out on dimensional standazd in Section 8, after the Paepcke renovation of
614 square feet, from the 1991 SPA master plan, there is a balance of 3,201 square feet
remaining. The planning office recommends the tent take a full reduction of 55' by 134'
which is 7370 square feet. Curtis requested a pro rata deduction based on the amount of
time the tent will be up, which is 7.5 weeks or 14% or 1032 square feet. Curtis requested
the ordinance state that the Greenwald Pavilion be counted as a deduction of 1032 square
feet against the 1991 master plan. Curtis said the applicants are conscious not to be
perceived as requesting an up zoning of the property. Curtis said a full deduction for a
tent that is only up a portion of the year does not seem logical. Councilman Romero
asked the number of events in the past to measure against the 20 events days. Curtis said
in 2008 there were 5 events for 12 days and in 2007 there were 6 events for 15 event
days.
Councilman Johnson said this states the applicant expects no new employees will be
generated. Councilman Johnson asked where this will stazt from, the present or from 4
years ago. Curtis reiterated his request that this condition be deleted. The starting date
would have been as pazt of prior to issuance for the building permit for the tent, the
applicant would submit a beginning audit to the housing office. Councilman Johnson
asked if the tent and floor is a structure. Lasser read the definition of structure from the
land use code and stated the tent and floor are a structure.
Mayor Ireland opened the public heazing.
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Regular Meetine Aspen City Council March 9, 2009
Paul Taddune, representing the Pitkin Reserve homeowners, told Council the issue with
the adjacent homeowners is the location of the tent. The Institute does not care where the
tent is located; however, the city will not agree to move the tent over the utility easement.
Taddune said the Institute has been very cooperative and there is an opportunity to make
this a better project. Mayor Ireland asked whose easements these are. Taddune said one
is the city water department; one is the sanitation district. Mayor Ireland said the city can
only agree where it is a city utility. Steve Hansen, Pitkin Reserve, told Council he spoke
to the Sanitation District and they would prefer no hard surfaces; however, that exists all
over town and it is easy to cut out asphalt and to patch it. An alternative would be to
have removable concrete panels. Hansen said another option would be to locate the cart
path on the south side of the tent to allow for more landscaping on the north side of the
tent. There is a slope behind the tent which does not allow for a lot of screening.
Curtis said there are 5 utilities; water, sanitation, electric, telephone and a private fiber
optic line. Amy Margerum, Aspen Institute, said the Institute is willing to take the risk to
dig up the asphalt. Ms. Margerum told Council the city's water department has said no
building over the easement; the sanitation district has also said no. Ms. Margerum said
the Institute needs the decision in order to erect the tent by this summer. Chris Bendon,
community development department, told Council the director of the water department is
very concerned about having any impediments to being able to reach the city's utilities.
The city's concern is the immediacy of being able to reach utilities.
Mayor Ireland asked about rerouting the bike path. Ms. Mazgerum said the bike path
cannot be moved in front of the tent because of access issues. Curtis said the tent
requires a building permit and is governed by the fire code which requires 4 exits and
these needs access to a public way. Mayor Ireland asked about moving the vegetation up
the hill so it is more effective. Curtis said they are willing to work with the city's pazks
department. Hansen asked if the cart path can be moved further away from the tent so the
tent can be screened with spruce trees. Curtis said the cart path is located at the boundary
of the Institute's property and the city-owned property and the parks department is
reluctant to allow the path on city property. Curtis said he would return to the parks
department and ask them if the Institute could add trees to the back of the tent. The parks
department does not feel blue spruce is indigenous and would rather see native greens.
The parks department would like to replicate and maintain the native characteristic of the
vegetation at the Institute. Mayor Ireland asked if the Institute would object to having the
cart path farther away so more vegetation could be planted. Ms. Margerum said that was
fine. Taddune said that would be an improvement. Lasser noted the tent is only up for 2
months a year and when it is not there, the parks department would like some
transparency, not a year round wall of trees.
Tricia Aragon, city engineer, noted the cart path is at top of slope in some areas. Mayor
Ireland said it can wind around and where it can be moved, more trees can be squeezed
in. Curtis said they will relocate the cart path slightly on the city's property without
encroaching on the 15' top of slope. Council agreed they are not willing to allow the tent
to be moved on top of the easements.
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Regular Meeting Aspen City Council March 9, 2009
Fred Peirce noted every sewer and water main in the city is covered with asphalt as they
are located under streets. Peirce said this would only be covered with a tent 2 months of
the year. Peirce suggested the city allow the Institute to work with the neighbors and
with the easement owners to come up with a proposal to leave the tent on the easement.
Curtis said the applicants have had that discussion with the city and with the owner of the
easements. Mayor Ireland said although streets are located over easements, structures aze
not. Bendon said when the staff refers projects to referral agencies as part of a
development review, the utility agencies are direct and in this case they said no.
Peirce requested a condition be added to the ordinance to not allow kitchens on site. Ms.
Margerum said they need the ability to serve food in the tent. The Institute will comply
with all city ordinances on noise and they will not put a kitchen or food preparation in the
tent. The complaints were from kitchens on back of the tent when there was food
preparation going on. Food can be served in the tent.
Bil] Wiener said the asphalt for the tent is equivalent to a pazking lot for 22 cars and what
is the plan for that azea when the tent is not up. Wiener asked if the poles will stay up or
come down. Curtis said the Institute is not planning any other use for that space and the
poles will come down. Alan Fletcher, Aspen Music Festival, told Council the Greenwald
Pavilion is important and useful to the Music Festival and to the community as well.
Mayor Ireland closed the public hearing
Mayor Ireland moved to adopt Ordinance #4, Series of 2009, with the added conditions
there will be no kitchen on site, no food preparation, the ordinance be amended to add no
exterior lighting, except that required by building code, try to shift the bike path to the
extent there can be more natural vegetation for screening, 20 days of events per year;
seconded by Councilman Skadron.
Councilman Johnson said he is concerned about making this tent permanent, which by
the land use code makes it a permanent structure. Councilman Johnson said the city
recently approved an amendment to the SPA for an expanded Paepcke auditorium.
Councilman Johnson said these expansions should have been combined. Councilman
Johnson said in 1991 there was a long process to get to this SPA agreement covering the
Aspen Institute. Mayor Ireland said in the event this was to become a permanent
structure, the city will require a review of the entire SPA agreement.
Mayor Ireland amended his motion to include that if this becomes a permanent
installation, it will be reviewed with the entire SPA agreement and to address the squaze
footage; seconded by Councilman Skadron.
Councilman Romero said there was a process for review of the easement with city utility
departments and with other utilities. Councilman Romero said he can support this and
there have been negotiations and compromises. Bendon asked about the pro rata floor
azea consideration. Mayor Ireland said he intended his motion to cover that the floor area
for the tent would be considered on a pro rata basis. Councilman Romero said that
12
Regular Meetine Aspen City Council March 9, 2009
methodology is not part of the land use code. Councilman Romero said this is an SPA
which has enjoyed exemptions by approval. Bendon noted no other developments are
considered on a pro rata basis. Mayor Ireland pointed out the Institute is sacrificing floor
area by going through this process rather than having a temporary use review every year.
Bendon said staff is concerned with allowing "floating FAR". Mayor Ireland agreed that
the floating FAR should be tied down; however, not in this motion.
Roll call vote; Councilmembers Kasabach, yes; Skadron, yes; Romero, yes; Johnson, no;
Mayor Ireland, yes. Motion carried.
RESOLUTION #14, SERIES OF 2009 -Ballot Question Sale of Former Youth Center
to Aspen Art Museum
Mayor Ireland stated the issue before Council is whether a question for the sale of the
former Youth Center to the Aspen Art Museum should be on the ballot.
Heidi Zuckerman Jacobson, Aspen Art Museum, requested Council approve this
resolution which will refer to the electorate a ballot question seeking authorization to sell
the former Youth Center to the Aspen Art Museum for the construction of a new museum
building. Ms. Jacobson said the applicants understand any transfer of property would
have to be deemed to be in the best interest of the city and any possible construction
project would need approval granted through a ]and use application. Ms. Jacobson said
the Art Museum circulated an informal, non-binding petition in support of this ballot
questions and collected 2,745 signatures of which 668 are city registered voters. Ms.
Jacobson reminded Council copies of that petition was submitted at the work session last
week to demonstrate broad based community support for inclusion on the May Ballot.
Ms. Jacobson told Council the Art Museum has the necessary funds to purchase the
property at a fair price and to begin construction. The project will be funded 100% by
private donations. The Art Museum is not requesting any funding from the city or the
taxpayers. Ms. Jacobson noted the facility is free to all visitors all the time and the
facility will not be a burden to the public Ms. Jacobson said the inclusion of this facility
in the Galena Plaza would create a free zone in the center of Aspen locating the museum
next to the Pitkin County Library. Ms. Jacobson said the museum is not undertaking this
task lightly. Because the museum is free, there is no barrier to people visiting the
museum.
Ms. Jacobson noted there is a long standing partnership between the Art Museum and the
city, dating back to 1979 when the Aspen Center for the Visual Arts was established and
housed in a property owned by the city. Ms. Jacobson said in 2006 the city adopted the
Civic Master plan as a guiding document, which supports, "the Aspen Art Museum's
exploration of downtown locations with the city of Aspen". Ms. Jacobson said the civic
master plan notes challenges to the current location of the art museum, including parking,
historic designation precluding changes to the building, the flood plain, and the difficulty
in finding the museum.
13
Regular Meetin¢ Aspen City Council March 9, 2009
Ms. Jacobson told Council in the last 12 months, over 24,500 visitors have come to the
museum, which has over 1,000 active members. The Aspen Art Museum is one of only 4
accredited museums in the state and the only one on the western slope. Ms. Jacobson
said their current facility successfully served as an incubator for an organization with an
operating budget of $190,000 in 1979 and now sustains operational expenses of over $2.7
million. Ms. Jacobson said the current art museum space could be used to enhance many
community activities. Ms. Jacobson said their request is that the voters be allowed to
vote on whether the former youth center maybe sold to the art museum for construction
of a new art museum. Ms. Jacobson stated the art museum understands that the price and
conditions of any sale still need to be negotiated and acknowledged the proposed project
will have to go through all necessary land use approvals.
John Worcester, city attorney, pointed out there is a map of the property being discussed
for sale. Worcester noted there are 2 islands in this property that are owned by the
county. Councilwoman Kasabach asked about the stair access and whether that is part of
the sale. Ms. Jacobson said their conceptual idea is to honor an increased view plane
between Aspen Mountain and Red Mountain and they plan to enhance that by removing
and replacing the elevator, which is blocking the view plane.
Leslie Lamont, representing the applicant, told Council the area proposed includes the
elevator and stairwells and this relocation could increase the vitality of the Galena Plaza
through new uses and draw pedestrians to this area. Councilwoman Kasabach asked if
the city will lose aright-of--way because of the stairwell. Ms. Lamont said there are a
bike/pedestrian trail and the stairs, both of which will be usable.
Mayor Ireland said if this goes on the ballot, it may not be approved by the voters and if it
is approved, that does not mean the city is required to sell the property under any terms.
The city retains controls of the property. This question would give the city the approval
to sell the property. City Clerk Kathryn Koch noted there were e-mails forwarded from
Sandy Munro, Wendy Aresty, Stephanie Krolick, Senih Geray and Kathy Chandler,
entered those and one from Georgia Hanson, Aspen Historical Society into the record.
Councilman Johnson asked how long the signatures were collected. Ms. Jacobson said
they collected for 3 weeks and presented them at the work session last week. Councilman
Johnson asked how many signatures would be required for a formal initiative petition.
Ms. Koch said 825. Councilman Johnson asked if there will be plans available before the
May election. Ms. Jacobson said they will be available.
Andrew Kole said this question should be on the ballot. Kole said he is concerned that
public spaces be retained. Kole said the issues will be, if this is passed, how the city
deals with the negotiations. Roine St. Andre said she likes the art museum and likes
where it is with culture and nature together. Ms. St. Andre said the youth center building
is in disrepair. Ms. St. Andre said the city has a responsibility to the envirorunent and
should not approve tearing buildings down.
14
Regular Meeting Aspen City Council March 9, 2009
Lex Taruminz stated he is in favor of putting this issue on the ballot. Toni Kronberg
handed out the petition language drafted by the art museum. Ms. Kronberg said the
petition asks that this be contingent on all necessary approvals. Ms. Kronberg pointed
out this ballot question has been changed and the necessary approvals have been left out.
Ms. Kronberg said the proposed ballot language seems as if the Council is the sole land
use approval body for the art museum. Tim Mooney is in favor of putting this on the
ballot. Mooney said he feels this should be designated as an essential public facility like
the library as it has an education element.
Joan LeBac said she likes the art museum where it is. Ms. LeBac said her concern is that
people do not want Aspen to turn into a big city. Aspen is unique because it is a small
town. Junee Kirk said this process needs to be transparent. The sale of this Rio Grande
property is premature. It is not known how the Art Museum will secure the land; the
operating costs are not known; there is no endowment fund. Ms. Kirk said there should
be many more details before this is a ballot question, like architecture drawings, the uses,
how the building will be divided, the staff details, housing mitigation, etc.
Marilyn Marks said she is enthusiastic about this project; however, it should not go on the
ballot until November after there is time to negotiate details. Ms. Marks said it is not
clear why the project needs to be on the May ballot. Ms. Marks said the voters desire to
know more about this transaction. Mike Kaplan, Aspen Ski Company, told Council he
favors putting this question on the ballot as proposed. Kaplan noted Aspen was founded
on the Aspen Idea -mind, body, spirit, and the art museum represents that idea. Kaplan
said one thing that sets Aspen apart from the competition are the cultural institutes.
Mark Rothman said before this question goes to the voters, the Council should decide
whether this is a good idea. Rothman said he is against selling the land. Rothman said
Aspen should have a fine art museum but not on city property. Rothman said the city
could fix up the youth center and make sure it gets more public use. Rothman questioned
how voters will know what they are voting for if this goes on the ballot without any
details. Rothman said the Council should determine whether they want to sell the
building and if they do, under what circumstances, then go to the voters.
Bill Wiener said the art museum's programs will work in different sites. There are no
plans for the proposed youth center site. Wiener pointed out all the property that is
owned by the city, county and library. Wiener said the city should not sever a large piece
of public property. Wiener said he is convinced the existing art museum can be
expanded. Patrick Sagal said he likes where the art museum is currently located. Sagal
noted there are 25 art galleries in Aspen. At 1,000 square feet each, that is 25,000 square
feet of art in Aspen. Sagal stated he feels it is inappropriate to sell public land for a
private art museum.
Ricki Newman said her concern is the possible loss of the youth center space to the
current community uses. Ms. Newman said she is also concerned about a price the art
museum may charge to use community spaces. Ms. Newman asked where people will
find community space during the demolition and rebuilding of the proposed art museum.
15
Re¢ular Meeting Aspen City Council March 9, 2009
Michael Owsley supported putting this question on the ballot. It is a worthwhile
endeavor on which the citizens will decide. This will give the community a chance to
have a discussion once it becomes a ballot question.
Jesse Boyce said there is a crunch for public buildings and agreed the city should not
create a private ownership island in the middle of public land. Boyce stated he is against
moving the museum. Don Bird, Pitkin County Jail, told Council he was a member of the
civic center master plan. Bird said the jail and the art museum have a relationship; the art
museum offered to do some art classes at the jail two years ago at no cost to the jail. The
art museum felt like this was part of their outreach to the community. Alan Fletcher,
Aspen Music Festival, said Aspen is not unique because it is a small town but is unique
because of the blend of physical and artistic character. Fletcher pointed out the art
galleries are not public and free as the art museum is. Fletcher said placing the museum
in the center of town would be a master stroke. Fletcher said putting this on the ballot in
May would give impetus to the project. Fletcher said if the planning was farther along,
people would question why it had gone so far. Fletcher said the ballot question is only
the first step in the art museum project.
Mayor Ireland closed the public hearing.
Councilman Romero asked about this being contingent upon all necessary approvals and
that the ballot will not undermine the normal land use process. Councilman Romero
asked if it would hurt to have that added back into the ballot. Worcester reminded
Council the question is being presented to the voters because the city is prohibited from
selling property without voter approval. Approval of selling this property does not grant
the Art Museum the authority to proceed with the purchase unless Council agrees to sell
it. Worcester said this is an advisory question with legal consequences, which is that is
grants authority to sell. Worcester said the Art Museum will be required to go through all
necessary land use approvals processes. Worcester said it would not hurt the ballot
question to add that this be contingent upon all necessary approvals.
Councilman Skadron said he thought the discussion wa5the youth center building and
footprint, not land beyond the building. Ms. Jacobson told Council as part of the ZG
master plan process, the parcel designated to the Art Museum was the parcel shown on
the attached plat. Councilman Skadron said voters should be able to thoroughly
understand the details and what they are voting on. Councilman Skadron said his
concern is that the verbal representations made by the Art Museum at the work session
will come to fruition. Councilman Skadron said he would like more details.
Mayor Ireland said it is Council's job to negotiate the terms and conditions they want for
the community. Mayor Ireland said the use of public space, the possibility this could be
converted to another use, the land to be sold, verbal representations are all part of the
negotiations. Mayor Ireland said one cannot negotiate at the ballot box; if anything is
missed, it is not part of the deal. Mayor Ireland said if the art museum prepared a
detailed proposals, then the city and the applicant are charged with it being premature to
do all this work without an approval. The community cannot have it both ways and at
16
Regular Meeting Aspen City Council March 9, 2009
some point, the voters have to decide whether they are interested in Council negotiating a
sale of the former youth center. Councilman Skadron said one concern is that Councils
change, staff changes, and there should be a more inclusive, less restricted expanded
definition of what the art museum is to include in their project. Mayor Ireland said that is
the essence of negotiations.
Councilwoman Kasabach said this discussion is not to make a decision as to whether the
city is obligated to sell the property. The entire city is being asked is whether the citizens
of Aspen would give the Council the right to sell the property. Councilwoman Kasabach
agreed that the details will take place after the voter decision is made. Councilwoman
Kasabach said the comments from the public will be taken into account after the election.
Councilwoman Kasabach said the voters aze not going to tell Council they are obligated
to sell the property. Councilwoman Kasabach said she believes if this is a yes vote, the
city will have the right to sell the property, not the obligation. If the city chooses to sell
the property, the choice will be predicated on negotiation, when Council will listen to the
citizens.
Councilman Johnson said the art museum has been responsive to his concerns and
responsive to the existing uses on the youth center site. Councilman Johnson said the city
will always be criticized for having too much information or too little information.
Councilman Johnson said one of his issues is whether or not this is the right site for the
art museum and he feels this is the right site for an art museum. Councilman Johnson
said a negotiated price may not be sufficient to replace community uses taking place at
the youth center. Councilman Johnson said he has two issues; one is voter information
and allowing the voters to have two perspectives.
Councilman Johnson said the petition process was informal and non-binding and done in
a short time period. Councilman Johnson said he is concerned that there are an
insufficient number of city registered voters signatures; they aze 19% short of the number
required to get a petition on the ballot. Mayor Ireland noted this petition does not take
away the power of Council to say they cannot negotiate a good deal. Mayor Ireland said
the art museum would have received the required number of signatures if they had more
time. Mayor Ireland said he has no objections to the city hosting an open house as long
as everyone is free to participate. The city's only function would be to illustrate where
the land is, what the zoning is, what is allowed.
Councilman Romero said he feels there is precedence in the community in reviewing and
ultimately denying land use applications. Councilman Romero said there is no implicit
approval in this public vote; the art museum still has to go through the land use approval
process. Councilman Romero asked how long the civic master plan has been in the
works. Chris Bendon, community development department, told Council it has been in
the process over 8 years. Councilman Romero stated he is comfortable asking the voters
this question. Councilman Romero said he wants language added "contingent upon all
necessary approva]s, as determined by the City Council in the best interests of the city of
Aspen".
17
Re¢ular Meeting Aspen City Council March 9, 2009
Councilman Johnson moved to suspend the rules and extend the meeting to 11 p.m.;
seconded by Councilman Romero. All in favor, with the exception of Mayor Ireland.
Motion carried.
Councilman Skadron reiterated his issue that the verbal representations before Council
come to fruition. Councilman Skadron said the voters have to understand what is being
voted on. Councilman Skadron agreed this site is not inappropriate for an art museum
and it would be a disservice to lose the opportunity to investigate further. Mayor Ireland
said he would like a sentence added to the ballot language that the city is not obligated to
sell this land to the art museum. Mayor Ireland said if this resolution passes, he would
direct staff to work on a plan to create a voter information forum, both sides with
information pertinent to each side.
Worcester reminded Council state law does not allow cities to spend any public funds
advocating for or against any ballot issue. Cities can put out a summary sheet.
Councilman Johnson said he is not advocating for anything. Worcester said the city
facilitating public debate is fine. Councilwoman Kasabach said this vote is not a mandate
and the city does not have to give pros and cons on details about an art museum; the issue
is whether people agree the property should be sold or do not agree. Mayor Ireland said
the city can host a debate to include what the city owns, what would be sold.
Mayor Ireland said the issue is how Council assures the agreement is what the
community wants. The issues are public space, making sure it remains a museum,
making sure verbal promises are kept. Mayor Ireland said there are security instruments
or completion bonds the art museum could post. The bigger issue is what the community
wants. Mayor Ireland said the philosophical question is whether the voters should vote
on something before every detail is known. Mayor Ireland noted the Council does not yet
know what the community wants and that is what the negotiating time is for after it is
known whether the community is interested in selling the property.
Councilman Johnson moved to adopt Resolution #14, Series of 2009, as amended;
seconded by Councilwoman Kasabach. All in favor, motion carried.
Councilman Johnson moved to adjourn at 11 p.m.; seconded by Councilman Romero.
All in favor, motion carried. } ~
Kat .Koch, City Clerk
18