HomeMy WebLinkAboutminutes.council.20100125Regular Meeting Aspen Citv Council January 25, 2010
CITIZEN COMMENTS ..................................................................................................... 2
COUNCILMEMBER COMMENTS .................................................................................. 2
CONSENT CALENDAR ................................................................................................... 3
• Resolution #2, 2010 -Contract for Wheeler Ticketing System ............................. 3
• Resolution #7, 2010 -Designating Aspen Times as Paper for Legal Notices ....... 3
• Resolution #10, 2010 - McKinstry Contract -Energy Efficiency Improvements. 3
• CMAQ Grant Purchasing Resolutions - ................................................................. 3
• Resolution #11, 2010 -Web-based Rideshaze Softuvaze ........................................ 3
• Resolution #12, 2010 -Purchase Hybrid Sedans .................................................... 3
• Resolution #13, 2010 -Purchase Hybrid SUV's .................................................... 3
ORDINANCE #28, SERIES OF 2009 -Bidwell Mountain Plaza Subdivision ............... 4
RESOLUTION #78, 2009 -Wheeler Opera House Conceptual PUD ............................... 4
ORDINANCE #1, SERIES OF 2010 - Lease/Purchase Agreement .................................. 4
ORDINANCE #3, SERIES OF 2010 -Code Amendment Wheeler Reserve Fund........... 4
ORDINANCE #4, SERIES OF 2010 -Code Amendment -Development Orders........... 8
REQUEST FOR WAIVER OF STORM WATER FEE -Aspen Institute ........................ 9
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Regular Meeting Aspen City Council January 25, 2010
Mayor Ireland called the meeting to order at 5:05 p.m. Mayor Ireland announced the
contracts for phase II Burlingame will be continued until February 8`h as Council has
questions.
1. Andrew Kole told Council he did a television program for Grassroots about
capital reserves for condominiums. Kole said affordable housing HOAs should watch
this. Kole said Council allocated $200,000 to stimulate the economy; most of the money
went to groups to put on events. Kole said the process seems to have died. Steve
Barwick, city manager, told Council he is setting up a group of marketing professionals
to help the city coordinate these efforts and the process is going forward. Mayor Ireland
said the city will need an agreement on the responsibilities of the groups receiving the
money so there is transparency.
2. Lindsay Smith reminded Council she asked for money last yeaz for the bear
relocation program. She was too late for the grant process but will apply in 2010. Ms.
Smith thanked everyone who helped with the bear feeding, donating food, storing food
and delivering it to Silt. Ms. Smith said she hopes the city is preparing ways to deal with
the bear issue for 2010.
3. Neil Siegel told Council he wrote a letter to the paper on instant runoff voting and
that the city should consider election options, due to the close vote on the advisory
question. Siegel suggested rather than an advisory commission, having a compilation of
facts to provide a platform to work towards a solution. Siegel said once a data base is
accessible, citizen input could be posted on line to build public record. Siegel said this
would allow a wide dissemination of information and is less expensive than task forces.
This would also provide transparency in the process. Siegel endorsed the city moving
forward with this.
1. Councilman Johnson encouraged everyone to go out and watch the X-games this
week end.
2. Councilman Johnson said the capita] reserve information for affordable housing;
it is important that homeowners association be looking at this and finding ways to build
up their capital reserve funds.
3. Councilman Torre noted several Aspenites have made the 2010 Olympic teams
including Chris Klug and Gretchen Bleiler. Congratulations to all of them.
4. Councilman Tone noted at Council's discussion tomorrow, he would like them to
discuss the amended Encore proposal.
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ReBUlar Meeting Aspen City Council January 25, 2010
5. Mayor Ireland reported he was part of a stand up comic night to raise funds for
Haiti. There were 200 people there and the event raised about $10,000.
6. Mayor Ireland reminded everyone there is no parking at the X games; do not drive
out to Buttermilk -take the bus.
7. Mayor Ireland said he was a guest coach for the high school boys' basketball
team; it was great fun.
8. Mayor Ireland said he attended the Aspen Hall of Fame dinner where Dwight
Shellman and Katie and Carl Bergman were inducted. When Shellman was a county
commissioner, they adopted the first growth management plan and it was about open
space, limitation on traffic, on building size and on density. The Bergmans have given
much time and love to the community.
9. Councilman Romero said at the last RFTA board meeting, the discussion was
around the policy of how to approach those communities that are not members of RFTA
but receive transit services.
10. Councilman Torre said at a recent sister cities meeting, there were a delegation of
10 students, including their chaperone, from Japan. The chaperone was originally from
Aspen. Sister Cities thanked Council and staff for the snow polo event which benefits
Sister City organization.
CONSENT CALENDAR
Mayor Ireland moved to adopt the consent calendar as amended, continuing
Resolution #8, 2010 Contract -Burlingame Oz Architects and Resolution #9, 2010
Contract Burlingame Owner's Agent -Rider Levett Bucknall to February 8"'; seconded
by Councilman Romero. The consent calendar is:
• Resolution #2, 2010 -Contract for Wheeler Ticketing System
• Resolution #7, 2010 -Designating Aspen Times as Paper for Legal Notices
• Resolution #10, 2010 - McKinstry Contract -Energy Efficiency Improvements
• CMAQ Grant Purchasing Resolutions -
• Resolution #11, 2010 -Web-based Rideshare Software
• Resolution #12, 2010 -Purchase Hybrid Sedans
• Resolution #13, 2010 -Purchase Hybrid SUV's
All in favor, motion carved.
Regular Meeting Asaen City Council January 25, 2010
ORDINANCE #28, SERIES OF 2009 -Bidwell Mountain Plaza Subdivision
Mayor Ireland moved to continue Ordinance #28, Series of 2009 to Apri126`h; seconded
by Councilman Torre. All in favor, motion carried.
RESOLUTION #78, 2009 -Wheeler Opera House Conceptual PUD
Chris Bendon, community development department, told Council this is discontinued and
will be renoticed in the future.
ORDINANCE #1, SERIES OF 2010 - Lease/Purchase Agreement
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Councilman Johnson moved to adopt Ordinance #1, Series of 2010, on second reading;
seconded by Councilman Romero. Roll call vote; Councilmembers Torre, yes; Skadron,
yes; Johnson, yes; Romero, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #3, SERIES OF 2010 -Code Amendment Wheeler Reserve Fund
Gram Slaton, Wheeler Opera House, told Council this ordinance amends an ordinance
adopted in 2002 creating the Wheeler endowment fund. This ordinance will bring the
endowment fund in alignment with the 1979 ballot language implementing the Wheeler
real estate transfer tax and with the city's financial policies. Slaton noted the 2002
ordinance is overly restrictive allowing monies to go into the account but not allowing
money to come out of the account.. Slaton noted two concerns were raised at the
previous Council meeting; one was how to get more money to the arts groups from the
Wheeler RETT. Slaton said a larger allocation would have to be voted on by the public,
which may create a new RETT. Slaton told Council besides the $100,000 allowed from
the RETT to arts groups, the Wheeler contributes $300,000 from operations as well as in
kind and fee reductions to non-profits.
Council asked for a redline comparison between the two ordinances. Staff also included
the difference between 1979, 2002 and this proposed ordinance. Slaton told Council
adoption of this ordinance would not change the original RETT or constitute a new
RETT. Approval of this ordinance will bring the Wheeler fund into compliance with the
1979 ballot language as well as city financial policies.
Mayor Ireland moved to adopt Ordinance #3, Series of 2010, on second reading;
seconded by Councilman Torre.
Councilman Skadron said if the original point of an endowment is to extinguish the
RETT, yet the RETT has been extended. John Worcester, city attorney, said in 2002 the
purpose of Council was to extinguish the RETT and this ordinance amends that to allow
Regular Meeting Aspen City Council January 25, 2010
the monies in the RETT to be spent for any purpose as long as it is consistent with the
1979 ballot language. Mayor Ireland noted even if all RETT monies were put in the
endowment, it would not be sufficient to allow the city to extinguish the RETT and have
enough interest revenue to carry on the Wheeler activities. Mayor Ireland stated he does
not favor endowments that shift tax burden from one generation to another. The RETT
endowment had the effect of this generation paying For the arts of the next generation.
Mayor Ireland said he feels each generation should bear their support for the arts or not.
Worcester noted that changing the use of the funds does not authorize these funds to be
spent for any purpose. That authorization will have to come to Council. Worcester said
these funds will continue being invested in the "Wheeler Reserve" line item and
accumulate; this ordinance allows the money to be spent as outlined in the 1979 ballot
item. The 2002 ordinance only allows the money to increase the endowment fund, not
anything else. Councilman Skadron said in terms of demands on the funds, how is the
current environment different from that in 2002. Steve Barwick, city manager, noted the
demands on the funds are the same -operations and support of the arts groups. Barwick
said the difference is the orientation of what should happen to these revenues and the
reason for creating an endowment fund was the fear of the fund being raided for other
things, like additional arts support. Barwick noted this was also at the time of large
increases in real estate values and RETT revenues. Worcester said although Council
cannot bind future Council, they wanted their reasons noted.
Councilman Skadron asked how staff envisions using this money once the ordinance is
adopted. Slaton told Council there are currently no plans to use this money; however, if a
project comes up, they would like this money available. Slaton said the opportunities to
use this money might be to purchase property, to work on an addition to the Wheeler, to
meet the needs of the 21s` Century Master Plan, improvements to the existing Wheeler.
Councilman Johnson said the 2002 ordinance was a political move to protect the RETT
monies and would adopting this ordinance open up the funds for more spending. Mayor
Ireland pointed out there is an appropriation process and all spending goes through
Council, including through an annual budget process. Mayor Ireland said this fund is not
an endowment and the voters did not create the real estate transfer tax as an endowment;
they created the fund as a support fund for the Wheeler. Councilman Skadron asked how
much money would be necessary to eliminate the RETT. Barwick said the amount is
larger than the projected total in the endowment by 2019. There is also the issue of
whether an endowment needs to grow with inflation, which Barwick said it should. That
would leave the only money available to support the Wheeler activities would be any
earnings above inflation, which is a smaller number than the gross earnings.
Councilman Romero said the issue before Council is to remove the 2002 endowment
ordinance and to return to the original ballot language and ordinance of 1979, to reaffirm
the purpose of the 1979 ordinance, which gives Council constraints as well as a level of
assurance. This will not allow Council access to the monies unless they meet the set of
rules establishes in 1979. Councilman Romero stated he wants the assurance of a
funding source for this important resource, and the RETT is a proven mechanism.
Regular Meeting Aspen City Council January 25, 2010
Councilman Romero said when this comes before the voters for extension of the RETT,
they will support this vital piece of the community. Councilman Romero noted the
language from 1979 has a level of control responding to possible raiding of the funds.
Mayor Ireland opened the public hearing.
Pamela Cunningham, Wheeler Board, read a letter into the record from Ron Erickson
giving the history of the real estate transfer tax and that some members of Council saw
the RETT as a source for marketing money. The letter notes that the 215 Century Master
Plan was just beginning to be discussed in 2002. Extending the RETT will be required
in any case.
Lisa Markalunas told Council she supports the Wheeler Opera House and if all this
ordinance does is to bring back the 1979 ballot language, she supports that. Ms.
Markalunas said she has concerns about the city's interpretation of the ballot language. It
has been interpreted all over the map. Ms. Markalunas pointed out the memorandum
states the Wheeler might take advantage of this money to purchase a property or another
method of satisfying the need for an expanded Wheeler Opera house, the ordinance
would already be in place. Ms. Markalunas suggested an outside legal opinion on the use
of the RETT funds and what Council's ability is to use the RETT funds. The will of the
voters on the RETT should be honored. Mayor Ireland stated there is no reason to need
outside counsel. Mayor Ireland stated this suggests the city attorney's opinion would not
be fair or unbiased and there is no reason to need outside counsel. Mayor Ireland said he
has no issues of taking the use of RETT monies to a vote.
Councilman Romero said he does not understand removing the endowment to open the
fund to spending outside the language in the 1979 ordinance. Councilman Romero said if
there is a capital campaign for the Wheeler, this will be a city-wide decision. Ms.
Mazkalunas stated she is 100% behind the 1979 ballot language. Worcester stated if this
ordinance passes, it does nothing more than grant the Council the same authority passed
by the voters in 1979. Worcester pointed out this ordinance contains language that all
expenditures have to be consistent with the 1979 question approved by the voters. Mayor
Ireland agreed if the Wheeler is to be expanded, it should be by vote of the electorate.
Mayor Ireland said for ballot language, each generation has its own interpretation.
Mayor Ireland said if there is to be a change in the use of funds, it should be approved by
ballot.
Junee Kirk asked about the phrase "per a previously adopted master plan"; nothing refers
to a master plan in the 1979 ordinance. Slaton pointed out where it appeared in the 1979
ordinance. Ms. Kirk asked why the expenditure of over $100,000 would go to a 60%
approval of the electorate. It has been deleted from this ordinance. Slaton noted it was
not included in this ordinance; the 1979 ordinance still stands and this amendment
addresses the 2002 ordinance. Worcester said the fact this clause is not in the 2002 or
2010 ordinance has no affect whatsoever on the legal consequence that that language is in
the 1979 ordinance. Ms. Kirk asked why the word "operations" is included when it is not
in the 1979 ordinance. Ms. Kirk said this is getting away from the original intent.
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Re¢ular Meetin¢ Aspen City Council January 25, 2010
Richie Cohen, Wheeler Board, told Council the concept of the real estate transfer tax was
to support and maintain the Wheeler, which included the operations of the Wheeler.
Cohen said out of the master plan was the idea that the Wheeler should be expanded,
which was the purpose of the purchase of the lots next to the Wheeler. Cohen pointed out
the elevator and safety items were built outside the Wheeler and were set apart. Cohen
said going back to the original language makes sense and will allow the Wheeler to
operate in the manner in which it has been.
Brian O'Neil, Wheeler Board, told Council the reason for the ordinance in 2002 was a
reaction when the RETT did not have a lot of money and the Board wanted to protect
those funds. O'Neil told Council he feels that ordinance was not in the best interest and
created conflict over the funds. O'Neil said the original RETT will give a better degree
of operational success and enable the community to live in the present and plan for the
future. Councilman Romero asked if the existence of the endowment interferes with
larger strategic planning and initiatives outside the 1979 allowance. O'Neil said the
Board needs to do what is right for the Wheeler and adoption of this ordinance gives the
Board an interpretation of what they think is right.
Andrew Kole asked if this is rescinding the 2002 ordinance and going back to 1979.
Worcester said this ordinance rescinds the 2002 and adds language clarifying what is
meant by maintenance. Mike Maple noted what Council has said and what staff's
memorandum says are two different things. Maple said staff s memorandum seems to
suggest expanding the use of the RETT to include "taking advantage of special situations
such as the purchase of a unique property or other method of satisfying the need for the
expanded opera house operations". Maple said Council seems to be saying if the use of
the Wheeler funds is to be used to acquire land or to build another building that has to go
to a public vote. Maple said if there is a suggestion that the change in the ordinance
subverts obligation established by the 1979 vote, which was clear about the uses of the
money, renovation, reconstruction and maintenance of the Wheeler only. Money to plan
an expansion should not be allowed.
Mayor Ireland pointed out this ordinance states "all monies deposited in the Wheeler
Opera House reserve line item shall be available solely for the purposes declared in the
1979 real estate transfer tax ordinance". Mayor Ireland stated if there is to be an
expansion of the Wheeler, it should be voted on by the electorate.
Councilman Skadron said the current language appears overly restrictive and limits
opportunity. Councilman Skadron said it is because of the importance of the Wheeler
and the arts community to Aspen that any action by the Wheeler needs to be irrefutable.
Councilman Skadron said staff's memo suggests amending the 2002 ordinance in ways to
expand the language of the original ordinance. Councilman Johnson said he would like
the city to continue to be conservative and this is not a decision to spend any funds and
not violating the 1979 ordinance and ballot question. Councilman Romero stated he does
not interpret this language to allow the city to go after these funds without going to a vote
of the public.
Regular Meeting Aspen City Council Jauuary 25, 2010
Roll call vote; Councilmembers Johnson, yes; Skadron, no; Romero, yes; Torre, yes.
Mayor Ireland, yes. Motion carved.
ORDINANCE #4, SERIES OF 2010 -Code Amendment -Development Orders
Chris Bendon, community development department, told Council one amendment has to
do with development orders. The section describes what an applicant needs to do within
the period of vested rights after a land use application receives approvals and the city
issues a development order. Currently the language cites an applicant must obtain
approval for their building permit within a 3 year period; staff suggests this be changed to
"submit a complete building permit application". Bendon pointed out this is in line with
what an applicant has control over.
Bendon noted the second section being amended describes the process for accepting and
reviewing a building permit. Bendon said this has been amended, at the suggestion of
Council, from first reading to include language about compliance with conditions on the
approval from Council. Bendon told Council P&Z and voted 3 to 1 in favor; the no vote
was from a member who did not favor the vested rights being extended. Bendon said
instead of having to obtain a building permit within 3 years, with difference in time
would be a matter of weeks.
Mayor Ireland said it is not clear who tells the applicant when a building permit
application is complete. Mayor Ireland suggested the time should start when an
application is deemed complete by the building department and include in the ordinance
"once a building permit application submittal has been accepted and is deemed complete,
the order shall remain valid .. " Mayor Ireland said he would prefer not to leave the
ultimate expiration of a building permit to the international building code, which could
leave an applicant in limbo or give someone the right to a building permit for any number
of years.
Stephen Kanipe, chief building official, told Council this does include a date certain for a
building permit expiration. Kanipe noted in some towns, there was an allowance for an
unlimited number of extensions for building permits upon request from the applicant.
Only one 6 month extension is granted for due cause. Mayor Ireland said he would like
to see an ultimate cap of something like, "but in any event no permit shall be valid 10
years after issuance". Bendon said there is no harm in adding a back stop.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Mayor Ireland moved to adopt Ordinance #4, Series of 2010 amending it that a building
permit has been accepted and deemed complete and that in no event more than 10 years:
seconded by Councilman Skadron.
Councilman Torre said he feels this gives a developer the ability to extend their vested
rights and gives less control to the community development department. Mayor Ireland
Regular Meeting Aspen Citv Council January 25.2010
said this will establish an absolute window of 3 years from the point the application is
deemed complete. Vested rights are controlled by the state legislature.
Roll call vote; Councilmembers Romero, yes; Skadron, yes; Torre, no; Johnson, yes;
Mayor Ireland, yes. Motion carried.
REQUEST FOR WAIVER OF STORM WATER FEE -Aspen Institute
Mayor Ireland noted staff recommends the city allow in-lieu work by the Aspen Institute
rather than payment of a fee. The engineering department feels this work would be a
greater value than collecting the fee and doing the work. April Barker, engineering
department, told Council this is an area the city would not be able to receive any
treatment unless the Institute agreed to do the treatment. Ms. Barker said the city will see
the results more quickly that accepting a fee and doing the work somewhere in the city.
Mayor Ireland moved to approve the Institute request for a compromise of $139,253 in
storm water system development fee that is owed for work done on the Greenwald Tent
project and the Paepcke Building project; seconded by Councilman Skadron. All in
favor, motion carried.
Councilman Torre moved to adjourn at 7 p.m.; seconded by Councilman Johnson. All in
favor, motion carried.
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Kathr S. Koch, City Clerk