HomeMy WebLinkAboutminutes.council.20100726Reeular MeetinE Aspen City Council July 26, 2010
PROCLAMATION -Aspen Mayor for aDay -Cory Lowe ........................................... .. 2
PROCLAMATION -Neurological Education ................................................................. .. 2
PROCLAMATION - Gaden Shartse Monks ................................................................... .. 2
CITIZEN PARTICIPATION ............................................................................................ .. 2
COUNCILMEMBER COMMENTS ................................................................................ .. 4
CONSENT CALENDAR ................................................................................................. .. 4
RESOLUTION #54, SERIES OF 2010 -Capital Improvement Cap Limitations for 45
Callahan Court .................................................................................................................. .. 5
RESOLUTION #55, SERIES OF 2010 -Calling Special Election November 2, 2010 .. .. 6
• Resolution #52, 2010 -Spending Approval Server Virtualization Project.......... .. 6
• Resolution #53, 2010 -Contract ISC Virtualized Server Project ........................ .. 6
• Resolution #50, 2010 -Contract AABC Concrete Trail Replacement ................ .. 6
Minutes -July 12, 2010 ........................................................................................ .. 6
All in favor, motion carried .......................................................................................... .. 6
ORDINANCE #17, SERIES OF 2010 -Code Amendment -Signs ............................... .. 6
ORDINANCE #18, SERIES OF 2010 -Open Space Bonds ........................................... .. 7
ORDINANCE #19, SERIES OF 2010 -Charter Amendment Defining Publication ...... .. 8
RESOLUTION #56, SERIES OF 2010 -Temporary Use 308 East Hopkins .................. .. 8
RESOLUTION #57, SERIES OF 2010 -Ballot Question Charter Amendment Definin g
Publication ........................................................................................................................ .. 9
1
Regular Meeting Aspen City Council July 26, 2010
Mayor Ireland called the meeting to order at 4:09 p.m. with Councilmember Johnson,
Skadron, Tone and Romero present.
Councilman Torre moved to go into executive session at 4:09 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 Mayor
Ireland. All in favor, motion carried.
Councilman Torre moved to come out of executive session at 5:10 p.m.; seconded by
Mayor Ireland. All in favor, motion carried.
Mayor Ireland called the regular meeting to order at 5:18 p.m. with Councilmemers
Johnson, Skadron, Torre and Romero present.
PROCLAMATION -Aspen Mayor for aDay -Cory Lowe
Mayor Ireland read a proclamation outlining that he had donated as a silent auction item
to a fund raiser for Aspen Education Foundation, "Mayor for a Day" and introduced Cory
Lowe, who purchased the right to be Mayor for a Day. Lowe read the packet and
participated in staff meetings and will join Council at the table for the meeting. Mayor
Ireland and Council proclaimed July 26, 2010 as "Aspen Mayor for a Day" Cory Lowe.
PROCLAMATION -Neurological Education
Mayor Ireland and City Council proclaimed Sunday, July 25, as Neurological Education
day and welcomed participants to Aspen for their conference.
PROCLAMATION -Gaden Shartse Monks
Mayor Ireland, City Council and the citizens of Aspen proclaimed the week of July 26`h
as Gaden Shartse Monk week and support their effort in praying for health. The monks
presented Council with khatags and did aprayer/chant for peace and healing.
CITIZEN PARTICIPATION
1. Peter Fornell said the one-way streets on Galena and Cooper have turned out to be
a good experiment. More parking was created. The traffic flow has created a new
pedestrian environment. Fornell suggested looking at the street, parking and sidewalks
widths to see if the sidewalk on the 400 block of East Cooper could be widened to make
it an even better pedestrian environment. Mayor Ireland suggested this be forwarded to
engineering and transportation departments For their comments on cost estimates and
other issues.
2. Ricki McHugh reminded Council she earlier presented a petition with over 200
signatures opposed to buses going down Garmisch. Ms. McHugh noted the changes to
2
Regular Meeting Aspen City Council July 26, 2010
the bus staging have made a difference. Ms. McHugh suggested there be a moratorium to
buses travelling on Garmisch from 8 p.m. to 8 a.m. This is a heavily populated
residential street. Council referred this to Randy Ready.
3. Sophie told Council she owns a house on Red Butte drive and attempting to build
a garage with a footprint of 535 square feet. Sophie said the stormwater development fee
is $30,000 as the ordinance requires one to recapture all the concrete on site. The
building permit for this garage addition is $11,477. Sophie submitted a picture of the
site showing the concrete courtyard of 1700 square feet, part of which will be turned into
a garage and part of which will be grass and patio area. Sophie stated the footprint of the
garage addition is actually 485 square feet; however, because of the homeowners'
covenants, there has to be a connector to the main house which make the footprint 535
square feet or over the 500 square foot exemption. Mayor Ireland suggested this be
referred to the engineering department. Steve Barwick, City Manager, reminded Council
they directed staff to come back with suggested changes to the fee structure, which will
be done as part of the 2011 budget and which starts in October.
4. Chip Comins requested a donation of $10,000 for last minute marketing effort for
ARE Day 2010. Comins told Council ARE Day 2010 will feature prominent people in
the renewable energy field and full page ads in the Denver Post may get last minute
attendees. Mayor Ireland said he supports ARE Day; however, $10,000 as a last minute
decision does not seem prudent. Councilman Torre suggested this be referred to the
economic stimulus committee although it does not qualify as a new event. Councilman
Torre said he would like to know what the $10,000 is paying for and the effectiveness of
a last minute ad campaign on the front range. Councilman Skadron agreed. Councilman
Romero asked if the city financially supports ARE Day. Comins said they receive $5,000
from the electric department. Councilman Johnson suggested the city could help last
minute marketing with their blast e-mails, as could ACRA and the Ski Company. Mayor
Ireland said Barry Crook could assess what the money would be spent for and the
efficacy of last minute marketing spending.
5. Jennifer Phelan, community development department, reminded Council the
Aspen Modem panel discussion on post WWII architecture with state senator Gail
Schwartz, azchitect Harry Teague and builder Tim Semrau, is Wednesday, July 28`h at
6:00 at the Mountain Chalet.
6. Toni Kronberg requested Resolution #55 calling a special election be pulled from
the consent calendar.
7. Bill Wiener requested Council hold public hearings on the Wienerstube/Aspen
Art Museum building. Mayor Ireland said there is a public hearing scheduled for August
2°a at 3 p.m.
8. Marc Friedberg, Aspen Art Museum board, told Council there is a brown bag
lunch in Council Chambers at noon tomorrow, July 27`h and open houses Thursday, July
29`h at noon and 5 o'clock at the Art Museum.
Regular Meeting Aspen City Council July 26, 2010
COUNCILMEMBER COMMENTS
1. Councilman Skadron thanked city staff, especially Randy Ready, Nancy Lesley,
John Krueger and Sally Spalding, for helping him with quick responses to constituent
issues.
2. Councilman Skadron questioned the monthly financial report for June. The
general fund shows a $2 million differential between budget and actual in fund balance
through June. Don Taylor, finance director, told Council $7 million was the fund balance
at the end of 2009. The first supplemental appropriation in 2010 reappropriates projects
in progress; these and departmental savings come out of fund balance. Councilman
Skadron noted a line item in the Wheeler fund for 2151 expansion; where does the
$300,000 consultant fee come from. Taylor said the consultant fee is being charged to a
$3 million line item; the money is only spent as Council approves. Taylor said the
consultant may not have been paid anything out of that line item yet. Councilman
Skadron noted the parks and open space total revenues are $1.3 million through June and
total expenditures aze $2.8 million and asked if the discrepancy meets the city's
guidelines. Taylor told Council the open space sales tax collection lags by 30 to 60 days.
Taylor said each year the parks fund carries over a number of projects, which may be the
expenditure figure.
3. Mayor Ireland reminded everyone of the primary election August 10th. In Pitkin
County, voters not affiliated with a party can vote in the sheriff and county commissioner
races.
4. Mayor Ireland once again expressed his gratitude to everyone in the community
for their support after his bicycle accident and reminded everyone to weaz their helmets.
5. Councilman Skadron reported on the CORE boazd meeting where they heard
presentations from the community financed solar, the clean energy collective and a
presentation on the Castle Creek hydropower project.
6. Councilman Skadron told Council he went to the Nordic Council; in January 2011
they along with RFOV are sponsoring the town-to-town cross country ski day from
Aspen to Basalt. Councilman Skadron said he feels this fits in with one of Council's top
ten goals, which is to have a broader regional view of government and the valley.
7. Mayor Ireland noted the Roaring Fork Outdoor Volunteer group worked on 1300
feet of trail this week. Members of local bike clubs participated. It was great effort.
CONSENT CALENDAR
Councilman Torre requested Resolution #54, Cap on unit at Burlingame and Resolution
#55, Calling Special election be removed from the consent calendar.
4
Regular Meetine Aspen City Council JuIY 26, 2010
community, about these issues. Councilman Skadron said he feels this code changes are
appropriate. Councilman Johnson said he is concerned that 50 to 60% of the signs will
not comply and will have to be reworked. Alexander agreed at the public hearing
Council and staff will need to work out a strategy to get to compliance. Councilman
Skadron stated he wants the sign code to meet the city's intention, like the economy well
being of retail establishments. Councilman Skadron said he does not want the regulation
to result in bigger signs. Mayor Ireland said he would like clarification on rights-of--ways
adjacent to public property for second reading.
Councilman Torre moved to adopt Ordinance #17, Series of 2010, on first reading;
seconded by Mayor Ireland. Roll call vote; Skadron, yes; Johnson, yes; Romero, yes;
Torre, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #18, SERIES OF 2010 -Open Space Bonds
Councilman Torre moved to read Ordinance #18, Series of 2010; seconded by Mayor
Ireland. All in favor, motion carried.
ORDINANCE NO. 18
(SERIES OF 2010)
AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF
ASPEN, COLORADO, OF ITS SALES TAX REVENUE BONDS,
SERIES 2010, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $5,900,000, FOR THE PURPOSE OF BUYING AND
IMPROVING TRAIL, RECREATION AND OPEN SPACE
PROPERTIES AND ANCILLARY FACILITIES; PRESCRIBING THE
FORM OF THE SERIES 2010 BONDS; PROVIDING FOR THE
PAYMENT OF THE SERIES 2010 BONDS FROM THE CITY'S
ORIGINAL 1.0% OPEN SPACE SALES TAX AND ITS ADDITIONAL
0.5% OPEN SPACE SALES TAX; PROVIDING OTHER DETAILS
AND APPROVING OTHER DOCUMENTS IN CONNECTION WITH
THE SERIES 2010 BONDS; DELEGATING THE AUTHORITY TO
MAKE A FINAL DETERMINATION OF CERTAIN TERMS OF THE
SERIES 2010 BONDS; DIRECTING OFFICERS OF THE CITY TO
EXECUTE CERTAIN DOCUMENTS IN CONNECTION WITH SUCH
REFUNDING BONDS; AND DECLARING AN EMERGENCY
Mayor Ireland noted the voters already approved an open space bond issuance. This
would be for specific projects.
Councilman Romero moved to adopt Ordinance #18, Series of 2010, on first reading;
seconded by Councilman Johnson. Roll call vote; Romero, yes; Skadron, yes; Johnson,
yes; Torre, yes; Mayor Ireland, yes. Motion carried.
7
Re¢ular Meetine Aspen City Council July 26, 2010
RESOLUTION #54, SERIES OF 2010 -Capital Improvement Cap Limitations for 45
Callahan Court
Councilman Torre said he would like clarifications about comments from APCHA who
did not favor this action initially. Barry Crook, assistant city manager, told Council the
housing staff initially opposed the request. The APCHA board was told this request was
not within their purview and it had to go to Council. Council held a work session and
went through all the alternative recommendations. Council indicated they wanted the
APCHA board to vote on this issue, which was taken back to the APCHA Board and who
agreed with the recommendation to re-designate the unit as a 3-bedroom unit and to
adhere to the 10% cap on capital improvements.
Councilman Torre stated his concerns are the costs on finishing the bedroom and the
request to recoup those costs outside the current allowances. Crook said this agreement
changes the bedroom count, not the category of the unit. Councilman Torre asked how
this fits with the city's subsidy of providing another bedroom. Crook said this provides
another bedroom at no other increase in the subsidy. The bedroom count will increase by
one bedroom and the unit should be priced as a 3 bedroom unit under the guidelines and
the owners will get the 10% as applied to the 2 bedroom purchase price for a total of
$56,100 over the original purchase price. The owners are taking a 20' ceiling room and
adding a bedroom and bathroom in that space. Crook noted many units at Burlingame
were designated to be expandable. Crook said this was not, which may have been an
error.
Councilman Torre said this bedroom was part of the inventory of 2 bedroom units and it
will now be put back as 3 bedroom that may satisfy a need but was not the intention of
the original development. Mayor Ireland said this will allow people to stay in place and
to expand their family. Mayor Ireland agreed the city can add more 2 bedroom units in
the future if that is what the need indicates. Councilman Romero said this is a livability
issue and helps to guide future unit mix.
Mayor Ireland moved to approve Resolution #54, Series of 2010; seconded by
Councilman Romero.
Councilman Torre asked how quality of construction will be guaranteed. Crook said all
receipts will be given to APCHA staff and they will sign off. Councilman Romero said
there is a building permit process, inspection and a certificate of occupancy. Councilman
Torre said he feels requests like this deserve a guidelines policy review so that this is
done in the best way. Councilman Romero agreed Council should look at the complete
system of housing regarding the bedroom mix. Councilman Romero noted the depth and
maturity of the program allows some internal movement to give the flexibility to the
overall housing program. Mayor Ireland agreed the housing program can be kept in
balance and the applicants will be able to stay in the community.
All in favor, motion carried.
Re¢ular MeetinE Aspen City Council July 26, 2010
RESOLUTION #55. SERIES OF 2010 -Calling Special Election November 2, 2010
City Attorney, John Worcester, explained that this is not a regularly scheduled city
election and Council has to call a special election in order to put ballot questions on the
county election.
Mayor Ireland moved to approve Resolution #55, Series of 2010; seconded by
Councilman Johnson.
Toni Kronberg asked if questions can be added. Worcester noted this calls the special
election but does not limit what questions will be on the ballot
All in favor, motion carried.
Councilman Romero moved to adopt the consent calendar as follows; seconded by
Councilman Johnson:
• Resolution #52, 2010 -Spending Approval Server Virtualization Project
• Resolution #53, 2010 -Contract ISC Virtualized Server Project
• Resolution #50, 2010 -Contract AABC Concrete Trail Replacement
• Minutes -July 12, 2010
All in favor, motion carried.
ORDINANCE #17. SERIES OF 2010 -Code Amendment -Signs
Councilman Torre moved to read Ordinance #17, Series of 2010; seconded by
Councilman Romero. All in favor, motion carried.
ORDINANCE N0. 17
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENTS TO THE FOLLOWING SECTION OF THE CITY OF
ASPEN LAND USE CODE: 26.510
Councilman Torre requested illustrations showing how the changes will affect the signs
for second reading. Councilman Johnson said he would like more public outreach to the
retailers and restaurateurs. Drew Alexander, community development department, told
Council although he looked at other city's sign codes, a lot of this legislation is specific
to Aspen. Councilman Johnson said he is concerned this maybe putting too much
potential hurt on businesses. This allows 6 square feet for one business. Councilman
Torre suggested staff meet with designers to determine the effectiveness of 6 feet signs.
Alexander said he has been meeting with Gaard Moses, a sign designer in the
Regular Meeting Aspen City Council JuIV 26, 2010
ORDINANCE #19, SERIES OF 2010 -Charter Amendment Defining Publication
Councilman Romero moved to read Ordinance #19, Series of 2010; seconded by
Councilman Skadron. All in favor, motion carved.
ORDINANCE NO. 19
(Series of 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 4.10 OF THE CITY OF ASPEN HOME RULE CHARTER BY
THE ADDITION OF A NEW SUBSECTION (h) TO PERMIT THE PUBLICATION OF
ORDINANCES BY POSTING ON THE CITY OF ASPEN'S INTERNET WEBSITE.
Councilman Romero said people do read the publications in the paper and asked staff
how the word will get out about legal publications. Councilman Torre asked what other
cities aze doing this type of publication.
Councilman Torre moved to adopt Ordinance #19, Series of 2010, on first reading;
seconded by Councilman Johnson. Roll call vote; Skadron, yes; Torre, yes; Romero, yes;
Johnson, yes/ Mayor Ireland, yes. Motion carried.
RESOLUTION #56, SERIES OF 2010 - Temporazy Use 308 East Hopkins.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Mayor Ireland moved to adopt Resolution #56, Series of 2010; seconded by Councilman
Romero.
Jennifer Phelan, community development department, told Council this outdoor dining
area is considered part of the public amenity space. The applicant is asking for approval
of roll down sides to shelter the diners during inclement weather. Ms. Phelan noted the
code only allows these enclosures as a temporary approval. The applicant is asking for
approval for May 15c to October 3151. This was reviewed by the HPC as the building is
located in the commercial core historic district. HPC approved this with the conditions
that only the roll downs to the south be allowed and the time period is May 15 to October
15 and they approved this temporazy use through 2011 at which time the operation will
be reviewed.
Councilman Torre said he only wants to approve this for 2010 and have a review after
this season. Councilman Torre said he is disappointed that HPC allowed this building to
come out to the sidewalk rather than have the public amenity adjacent to the sidewalk and
the building setback.
Councilman Torre moved to amend Resolution #56, Series of 2010, to just the summer of
2010; seconded by Councilman Skadron.
Re¢ular MeetinE Aspen City Council July 26, 2010
Councilman Torre amended the Resolution #56, 2010, to allow both the south and the
east rolls downs; seconded by Councilman Johnson. All in favor, with the exception of
Mayor Ireland. Motion carried.
Councilman Romero moved to approve Resolution #56, Series of 2010, as amended;
seconded by Councilman Torre. All in favor, motion carried.
RESOLUTION #57, SERIES OF 2010 -Ballot Question Charter Amendment Defining
Publication
Mayor Ireland moved to continue Resolution #57, Series of 2010, to August 9 when the
ordinance on the Charter amendment is considered for second reading; seconded by
Councilman Romero. All in favor, motion carried.
Councilman Romero moved to adjourn at 7:20 p.m.; seconded by Councilman Torre. All
in favor, motion carried.
Kathryn S. Koch, City Clerk
9