HomeMy WebLinkAboutminutes.council.20101012 Regular Meeting Aspen City Council October 12, 2010
SISTER CITY EXCHANGE STUDENTS — Bariloche, Argentina 2
CITIZEN COMMENTS 2
COUNCILMEMBER COMMENTS 3
CONSENT CALENDAR 4
• Resolution #79, 2010 — Solar PV contract Phase II and Phase III — Water Plant 4
• Resolution #80, 2010 — ARC water features contract 4
• Resolution #81, 2010 — 1102 Waters Ave. — Extension of Ordinance #48
negotiation period 4
• Resolution #82, 2010 — Amendment to Three Trees LLC, M.S. 4610 — Si Johnson
Ditch 4
• Resolution #83, 2010 - Meadowood Raw Water Service Agreement 4
ORDINANCE #23, SERIES OF 2010 — 1102 Waters Avenue Historic Designation, Lot
Split and Ordinance #48 Negotiation 4
COUNCIL DETERMINATION OF ASPEN MODERN STYLES 5
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Regular Meeting Aspen City Council October 12, 2010
Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Romero,
Torre, Skadron and Johnson present.
SISTER CITY EXCHANGE STUDENTS — Bariloche, Argentina
Don Sheeley, sister city committee, introduced exchange students from Argentina who
are here for a week, staying with local families. Sheeley told Council the sister cities
committee sponsors exchanges with both middle and high school students with Aspen's
sister cities all over the world.
CITIZEN COMMENTS
1. Dick Butera noted one strength of the U.S. Constitution is that it was written to
protect citizens from government. Butera said he is at this meeting to protect citizens
from government action that is harmful to everyone. When a citizen is forced to defend
himself from the government, no one wins. Butera said there is a committee formed to
defend themselves from the hydropower project on Castle Creek. This project is harmful
economically, ecologically, and to the tranquility of the neighborhood involved. Butera
noted the city continues to spend tax payer's money without a federal permit, a state
permit or zoning approval. Butera stated the city has spent $1.4 million for a generator in
a warehouse. The city has also spent $2.3 million for installation of a 46" reinforced steel
pipe. Money has also been spent on consultants, engineers and staff time. Butera told
Council his group has engaged two Colorado water attorneys who feel they can prevail if
forced to defend themselves. Butera said the attorneys do not think the city has the water
rights in Castle Creek to generate electricity. Butera pointed out the city stopped using
Castle Creek to generate electricity 50 years ago and the statute says abandonment of
water rights as an intent of the owner to discontinue use of the water; any period of non-
use shall be told. Butera listed the criteria for abandonment. The city made a decision to
dismantle the plant and go on the grid for electricity 50 years ago. Butera said when a
bad decision is made, one should cut their losses and not put any more money into that
decision; the city should consider cutting their losses. Butera reminded Council the
prospectus of the bond issue in 2007 states any loses regarding this electric plant will be
picked up by the taxpayers of Aspen.
2. Peter Fornell brought up an article in the newspaper "city profits from affordable
housing unit conversions" and stated there is another side that was not in the article.
Fornell said housing for 4.2 FTE units within the metro area has been lost forever.
Fornell said the profit is $500,000 and that could replace affordable housing for 1 or 2
FTEs. Fornell said this may create a precedence for the future of eliminating deed
restricted units within a free market project and this is a loss to the community. Fornell
said he has some suggestions for other units located in free market buildings. Fornell
pointed out the buy down program is still in the code as a permitted means of mitigating
for affordable housing.
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Regular Meeting Aspen City Council October 12, 2010
3. Bob Rafelson read the city's adopted ecological bill of rights, which was adopted
in 1989, which provides the right to breathe clean air and to enjoy clear vistas,
preservation of remaining natural riparian areas and wetlands, landscape kept free of
noxious weeds and appropriate access to public lands and trails, efficient and renewable
use of energy, free from excessive noise, being able to see the night sky. Rafelson said
this is a pertinent document for topics being discussed today.
4. Ruthie Brown told Council she and Tim McFlynn are working on an independent
review of the city's work on determining a healthy stream in relationship with the
hydropower project. Ms. Brown told Council John Ely, county attorney and member of
the healthy streams board, has been engaged as water counsel. They will get a panel of
experts, engineers, hydrologists, aquatic biologists to be part of the process. Mayor
Ireland asked how Pitkin county's attorney can be part of this process. Tim McFlynn told
Council the Healthy Rivers and Streams, a county board resolved on September 17` to
carry out its mission of protecting in- stream flows and do an independent review of the
stream flow aspects of the proposed hydropower plant. McFlynn said the county's
interest is that they are holder of senior water rights and are one of the objectors in the
water court change case to change the use from municipal to hydroelectric use of water
rights. Two years ago county voters created a program to protect in- stream flow in
streams in the county. McFlynn said following the independent review, there will be a
chance for the city, Healthy Rivers, landowners and interested persons to look at a way to
resolve this issue. Mayor Ireland said counsel for this group is not an interested party.
Councilman Romero asked if there is a conflict if any Council members participate in the
independent review. City Attorney, John Worcester, said the Castle Creek hydropower
project is a quasi - judicial process and he would prefer Councilmembers not participate;
staff can be included.
5. Emzy Veazy brought up pay as you go, saving up to pay for projects rather than
going into debt. Veazy said there are businesses in Aspen that have not been visited by
any Councilmembers. Veazy said Councilmembers should be promoting Aspen in many
ways.
COUNCILMEMBER COMMENTS
1. Councilman Johnson acknowledged city staff that put on the ice hockey
tournament last month that brought in 22 teams and hundreds of people from around the
state. Councilman Johnson said it was a great event.
2. Councilman Johnson said the high school football team is 6 and 0.
3. Councilman Romero reminded citizens of the published community review
sessions for the draft Aspen Area Community Plan. These are a series of meetings to
review components of the draft plan; these include historic preservation, transportation
and economic sustainability. These can be found at www.aspencommunityvision.com.
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Regular Meeting Aspen City Council October 12, 2010
4. Mayor Ireland said he would like to see smoking banned around the Aspen
Recreation Center.
5. Mayor Ireland said this Friday, the gymnasts are showing off the new safety pits
at the Red Brick gym.
6. Mayor Ireland noted early voting starts October 18` People who have signed up
for permanent mail in voting who do not receive a ballot should contact the county
clerk's office.
7. Mayor Ireland stated the government has an obligation to defend the public under
threat of litigation when the public has expressed support for the city taking action like
the 77% vote on hydro power.
8. Mayor Ireland moved to continue Ordinance #15, Series of 2010 Castle Creek
Energy Center to November 8; seconded by Councilman Torre. All in favor, motion
carried.
CONSENT CALENDAR
Councilman Romero moved to approve the consent calendar; seconded by Mayor Ireland.
The consent calendar is:
• Resolution #79, 2010 — Solar PV contract Phase II and Phase III — Water Plant
• Resolution #80, 2010 — ARC water features contract
• Resolution #81, 2010 — 1102 Waters Ave. — Extension of Ordinance #48
negotiation period
• Resolution #82, 2010 — Amendment to Three Trees LLC, M.S. 4610 — Si Johnson
Ditch
• Resolution #83, 2010 - Meadowood Raw Water Service Agreement
All in favor, motion carried.
ORDINANCE #23, SERIES OF 2010 — 1102 Waters Avenue Historic Designation, Lot
Split and Ordinance #48 Negotiation
Councilman Johnson moved to read ordinance #23, Series of 2010; seconded by
Councilman Romero.
Councilman Skadron asked what exceptions are being asked for in this negotiation. Amy
Guthrie, community development department, noted some benefits, standard as part of
the negotiation, are being asked for including the lot split; parking variances, setback
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Regular Meeting Aspen City Council October 12, 2010
variances, fee waivers. The less common requests are flexibility on stream margin
standards, determination of top of slope, location of building envelope and extended
period of vested rights. Ms. Guthrie told Council staff and HPC are recommending some
changes and are still working with the applicant on these. Mayor Ireland asked to what a
45 degree height limit at the top of slope refers. Ms. Guthrie said the city engineer
determines the top of the bank next to the river and that no building can be within 15' of
that as well as an angle projected along the top of the slope to determine the height. Ms.
Guthrie said this is a unique site and there is some support for this request. Most of the
neighborhood was built out in the 60's and 70's and most buildings are past the top of
slope line. Mayor Ireland asked how the fee waivers will be paid for. Ms. Guthrie said
staff does not have a proposal for that. Mayor Ireland said in order to support a fee
waiver, he needs to see alternative funding.
All in favor, motion carried.
ORDINANCE #23
SERIES OF 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING HISTORIC LANDMARK DESIGNTION, HISTORIC
LANDMARK LOT SPLIT AND ORDINANCE #48, SERIES OF 2007,
NEGOTIATIONS FOR PRESERVATION OF POTENTIAL HISTORIC RESOURCES
FOR THE PROPERTY LOCATED AT 1102 WATERS AVENUE, LOT 14,
CALDERWOOD SUBDIVISION, CITY AND TOWNSITE OF ASPEN, COLORADO
Councilman Romero moved to adopt Ordinance #23, Series of 2010, on first reading;
seconded by Councilman Johnson. Roll call vote; Romero, yes; Torre, yes; Johnson, yes;
Skadron, yes; Mayor Ireland, yes. Motion carried.
COUNCIL DETERMINATION OF ASPEN MODERN STYLES
Mayor Ireland noted the memo states the Historic Preservation Task Force is no longer
active and has not reviewed the new context papers in order to reconsider their
recommendations, which were adverse to some of the styles. Amy Guthrie, community
development department, told Council the HP Task Force is no longer convened. Those
white papers have been distributed to HPC and to Task Force members; however, there is
no feedback. Mayor Ireland said it might be in order to let the HP Task Force deliberate
and forward comments on the context papers to Council. Ms. Guthrie said staff is trying
to comply with Council's direction to have an ordinance in place by the end of the year
and to divide this up into digestible information. This is a presentation of the context
papers; staff is going to P &Z next week and first reading in front of Council in
November. Ms. Guthrie noted this information is also in a video available on the city's
website. Ms. Guthrie said there is agreement that only properties in the context papers
have been documented to a level of understanding and are worthy of landmark
designation.
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Regular Meeting Aspen City Council October 12, 2010
Council watched the 20 minute video on Aspen modern styles. Ms. Guthrie said staff
feels the video is a good way to present the amount of detail associated with this topic
and is proud of the amount of research assembled on this product. Ms. Guthrie said it is
the foundation of which kind of properties are worthy of preservation in Aspen. The
designation program will be voluntary for properties that meet the qualifications. Mayor
Ireland asked if there are provisions for people who think they should be included. Ms.
Guthrie answered buildings not discussed in the context papers will not be eligible for
designation. The criteria committee of the HP Task Force proposed for an unanticipated
highly significant property associated with an event or something like that; otherwise, the
context papers are meant to define a group eligible for designation for the next 10 years.
A property owner on this list can volunteer to come to Council for a session about their
property and impacts of designation and offsets of benefits designation. Ms. Guthrie said
the proposed ordinance, like Ordinance 48, is that the city will not initiate any
designations until a property owner is interested. If a property owner were to propose
demolition, staff would ask for a delay to review alternatives.
Mayor Ireland opened the public hearing.
Bill Stirling reported the HP Task Force did not propose that the panabode style be part
of post WWII categories. Stirling said he likes the inclusion as these are like kit houses
and represent an economic style akin to miner's cabins. Stirling said the modern group,
44, is the richest with a range of important architects. The video illustrates how avante
garde Aspen went right after WWII. Stirling recommended Council direct staff to
include all 4 of these styles in the rewriting of Ordinance #48. Yasmine dePagter said
chalet, rustic, modem and international were considered by the HP Task Force who did
not recommend inclusion of panabode and modern chalet. Ms. dePagter said if the task
force did not agree to those styles, it may be difficult to convince the community. Ms.
dePagter said the city needs to be careful not to undermine the program by designating
just anything. Ms. dePagter noted there are impacts to neighbors of designated buildings
with all the incentives that come along with designation. Ms. dePagter suggested a
meeting with the task force, HPC and Council.
Anne Mullins said each of the styles presented should be adopted; each represents either
social history or global design history. Ms. Mullins said the ordinance is a vehicle to
help property owners save properties that have been determined valuable to the town.
Ms. Mullins said this is a good negotiating tool. Mike Maple, HP Task Force member,
noted whatever standards and process are set should be the same whether this is voluntary
or involuntary. Maple said of the challenges is to determine what is valuable to the
community and in 2009, questions about preserving Aspen Modern were asked and
support for preservation of post WWII buildings was only 33% of full time homeowners.
Maple pointed out a staff survey about preserving modern structures only garnered 24
responses and only 19 live in Aspen. This does not seem to indicate overwhelming
community support for this program. Maple encouraged Council to follow the
recommendations of the task force that the 4 styles suggested should be broken into 7
styles. Maple said the city should first determine whether something is valuable or not;
the standards should not be influenced on whether the designation is voluntary or not.
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Regular Meeting Aspen City Council October 12, 2010
Maple said his concern is that in the future voluntary will turn into involuntary
designations.
Marilyn Marks asked how property owners will get assurance that voluntary means
voluntary and not being preserved without notice. Ms. Marks asked under what
circumstances the city would continue to use emergency ordinances to declare properties
historic. Ms. Marks suggested the ordinance contain language stating the city will not
use emergency ordinance to undo these assurances. Council agreed to ask the city
attorney's office if there is a way to accomplish that. Mayor Ireland said the emergency
ordinance regarding the Given Institute has not been adopted yet. Councilman Romero
noted there is operating experience to respond to some concerns about historic
designations. Councilman Torre said some future Council could determine an emergency
ordinance for historic preservation was in the community's best interest and he does not
think this Council can determine the future; the community may forward the desire for
historic preservation.
Junee Kirk, HPC task force member, told Council 50% of the task force is in favor of
approving these 4 styles as important to preserve Aspen's heritage. Ms. Kirk said the
Given Institute should be preserved in an all out effort, including emergency ordinance.
Jim Curtis said he attended several task force discussions and presentations and there
seems to be a general consensus there are 5 to 20 buildings that should be preserved.
Adopting more possible structures for preservation seems to be diluting the historic
worth. Bill Wiener, HP Task Force, reminded Council the task force has the guideline
that for historic preservation, everything was on the table. Wiener noted while history
looks back, historic preservation looks forward so the next generation can see the history
and decide for themselves. Wiener said he does not like the categorization of buildings
and this exercise should be looking at Aspen's history not styles. Wiener noted things in
the community encourage demolition and reconstruction and removing some of those
incentives would go toward preserving Aspen's character. Jack Wilke said his concern
is the category of his property, modern chalet, was not enthusiastically received by the
task force to be included in preservation.
Councilman Romero asked what the process steps are after Council adopts, or not, the
style papers. Ms. Guthrie said staff is presenting an ordinance to HPC this week and to
P &Z next week. This is scheduled in front of Council November 8` for first reading with
anticipated adoption before the end of the year. Ms. Guthrie said if Council needs more
information or they want to exclude a category, staff would like to know that.
Councilman Romero said after 3 years in this process, there are several hinge points of
debate, like the HP task force working for 18 months, the discussion of styles.
Councilman Romero said there is the idea of preserving property rights, the idea of
preservation of public benefits of historic preservation. Councilman Romero said one
argument is that too many styles dilute quality; another argument is the neighborhood
impacts of the property. There is also the argument that not enough is known to narrow
the choices versus these styles represent various windows of Aspen's past and these
should be preserved. Councilman Romero said Council has made the decision to make
participation voluntary and a leap of faith that the program will work. Councilman
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Regular Meeting Aspen City Council October 12, 2010
Romero said he does not want to eliminate any particular style at this point. The city's
energy should be spent trying to make sure the proper incentive balance is proposed; to
make sure assurances are conveyed to property owners and to the overall public about the
program and that the program works — private owner /public benefit.
Councilman Torre said he would like to go forward including all the styles to see what
the process brings out. Councilman Torre said he is happy that the story is starting to be
told with the video, the context papers and encouraged staff to move forward with how
the rest of the story unfolds, about the city having a greater vision about what they are
trying to share and to preserve and all this needs to be woven together so the community
can understand why this preservation is being recommended. Councilman Torre pointed
out the map with proposed styles and Ordinance #48 houses. Councilman Torre said one
of the benefits of preservation is making sure the potential properties will be visible and
will be part of the story.
Councilman Torre said he supports including the styles. Councilman Torre said he would
like to know how many modern chalet style buildings are already preserved; how many
panabodes are already preserved. Ms. Guthrie said there are 260 Victorians designated
and about 20 post WWII properties designated, representing modern, chalets, panabodes,
one rustic building. Councilman Torre said the community has already agreed to some
degree that these post WWII properties are worth preserving. Councilman Torre said it
was a good exercise to have identified the styles; however, that is just a stepping off point
and the story is more important and some things may have been missed because they did
not fit into a "style ". Councilman Torre said he feels this process has done justice to both
sides of the question.
Councilman Johnson said he can see the importance of the chalets, the rustics and the
international modern; however, the importance of the panabodes and the modern chalets
is more difficult to see. Councilman Johnson said at this point those two styles do not
seem to have overwhelming support. Councilman Johnson said there needs to be a way
for the story to be told and allowing structures outside these styles to be part of it.
Bendon said in a voluntary system, if a property owner comes for with a panabode they
want to preserve and that wasn't one of the adopted styles, the context paper gives a way
to evaluate the structure. Adopting the context paper does not say all of a style has to be
preserved; it is a tool in the preservation system.
Councilman Skadron said he feels it is an important part of Council's job to protect the
community character and a component of that character is the past and to preserve the
community character for future generations. Councilman Skadron stated he can support
all 4 styles being included. Councilman Skadron said an issue for him is the impacts to
the character from the benefits of voluntary designation and how that might be mitigated.
Mayor Ireland agreed about impacts of development from historic preservation in the
neighborhoods and substituting one character problem for another. Mayor Ireland said he
would like time to read the context papers before the next step and to continue the
process as outlined by staff.
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Regular Meeting Aspen City Council October 12, 2010
Councilman Torre moved to adjourn at 7:48 p.m.; seconded by Councilman Johnson. All
in favor, motion carried.
/ dec
Kathryn /. Koch, City Clerk
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