HomeMy WebLinkAboutminutes.council.20120409 Regular Meeting Aspen City Council April 9,2012
PROCLAMATION —Colorado Architecture Month 2
PROCLAMATION —CMC Isaacson School for the New Media 2
CITIZEN PARTICIPATION 2
COUNCILMEMBER COMMENTS 2
CONSENT CALENDAR 3
• Resolution#26, 2012—Contract— Rubey Park Concrete Pad Replacement 3
• Resolution#27, 2012—Contract- 2012 Concrete Replacement 3
• Resolution#28, 2012—Contract—Water Utility Business Plan 3
• Resolution#29, 2012—ACRA Lease 3
• Resolution#30, 2012—Contract Electrical Service Thomas Reservoir 3
• Resolution#31, 2012—Contract Aerial Photography and LiDAR data 3
• Resolution#32, 2012—Contracts Burlingame Phase IIA Oversight 3
• Minutes—March 26, April 2, 2012 3
ORDINANCE#9, SERIES OF 2012—Code Amendment—Bicycles on Sidewalks 4
ORDINANCE#13, SERIES OF 2012—Supplemental Appropriation 5
ORDINANCE#14, SERIES OF 2012—Historic Landmark Lot Split 202/208/E. Main 6
RECONSIDERATION OF ORDINANCE#12, 2012—Code Amendments 6
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Regular Meeting Aspen City Council April 9, 2012
Mayor Ireland called the meeting to order at 5:05 PM with Councilmembers Johnson, Torre,
Skadron and Frisch present.
PROCLAMATION— Colorado Architecture Month
Councilman Tone read a proclamation honoring the built environment, historic preservation and
the adopting of the Aspen Area community Plan and Colorado Architecture month celebrates the
importance of architecture in people's everyday lives. Mayor and Council proclaim April 2012
as Colorado Architecture month. Mayor Ireland noted April 20th there will be two films about
architecture to celebrate this occasion. Charles Cunniffe, architect, noted many discussions at
the Council table surround architecture and how it affects the lives of residents and tourists.
PROCLAMATION—CMC Isaacson School for the New Media
Mayor Ireland and the City Council, and the Citizens of Aspen recognize July 181h, 2012, as
Colorado Mountain College Isaacson School for New Media Day and proclaim the City's
enthusiastic support for the efforts of Colorado Mountain College and the Isaacson School for
New Media so that they are successful in their endeavors to provide an educational opportunity
to residents of the Roaring Fork Valley and a resource to entrepreneurs in digital journalism,
digital media production and digital marketing and design. Council presented the proclamation
to Stan Jensen, president CMC. Dr. Jensen told Council Isaacson is a great supporter of
community colleges for their service to communities. Dr. Jensen introduced Rick Johnson who
has advocated for this school. Dr. Johnson said the college has been having local conversations
about the economy and the way in which society is changing and ways to help students prepare
and to retool for the emerging role of digital media. Dr. Johnson said they hope that this new
college will be 5 years ahead of the trend. There will be an academic program as well as
ongoing continuing education and CMC hopes this will be a leading program of its kind.
CITIZEN PARTICIPATION
1. Emzy Veazy said the Aspen Pitkin County housing authority members and government
officials should recuse themselves from getting the city and county to negotiate a non-
competitive, no-bid contract with an accounting firm to do an in-depth certified audit of the
housing department as well as a report to correct any deficiencies. Veazy said the brick
sidewalks on the malls should be addressed with safely paved sidewalk surfaces. Veazy
announced he is doing a lecture April 11th in Basalt on elderly health care.
COUNCILMEMBER COMMENTS
1. Councilman Johnson noted the Aspen Junior Hockey season is over and they will be
holding a coach appreciation party this weekend at the St. Regis.
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Regular Meeting Aspen City Council April 9, 2012
2. Councilman Johnson pointed out ski season is still going on!
3. Councilman Tone said there is still some great skiing. These days one can ski, take a
bike ride and play a round of golf. Councilman Tone thanked the Aspen Skiing Company for
the hard work on keeping the mountain in good shape.
4. Councilman Torre sent condolences to the family of Scott Alter, who passed away. He
was a wonderful person and community member.
5. Councilman Torre noted there have been two early season high mountain fires. People
should be careful and act accordingly. The fire department is taking extra precautions.
6 Councilman Tone brought up the bag ban that goes into effect May l s` and plastic bags
will not be available at the grocery stores; paper bags will cost$.20. Councilman Torre noted
the city has some reusable bags available.
7. Mayor Ireland said there was an article in the Daily News about hydro with some factual
errors that need to be corrected. Steve Barwick, city manager, noted staff has a press release to
address these errors in the hydropower report.
8. Mayor Ireland noted this weekend is the K-9 uphill at Buttermilk, which is a fund raiser
for animal shelter.
9. Mayor Ireland requested Council's blessing for a trip to California to scope out what they
do with the bicycle race to see if there are some things Aspen can use.
CONSENT CALENDAR
Councilman Tone moved to approve the consent calendar; seconded by Mayor Ireland. The
consent calendar is:
• Resolution #26, 2012 —Contract— Rubey Park Concrete Pad Replacement
• Resolution #27, 2012 —Contract- 2012 Concrete Replacement
• Resolution #28, 2012—Contract—Water Utility Business Plan
• Resolution#29, 2012—ACRA Lease
• Resolution #30, 2012—Contract Electrical Service Thomas Reservoir
• Resolution #31, 2012—Contract Aerial Photography and LiDAR data
• Resolution #32, 2012—Contracts Burlingame Phase IIA Oversight
• Minutes—March 26, April 2, 2012
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Regular Meeting Aspen City Council April 9, 2012
Councilman Skadron asked about spending up to the budgeted number of$110,000 for the
Rubey Park concrete contracts rather than the actual costs. Tyler Christoff, engineering
department, told Council there are project management costs as well as contingency above the
contractual amount of$93,000. Christoff said this is a low contingency amount but it works
within the contract budget. Councilman Skadron asked about the city manager's 10% carry
forward savings and does that money come from line items that do not get entirely spent. Steve
Barwick, city manager, told Council this is a capital project and savings from capital projects are
not rolled forward. Savings come from operating accounts. Councilman Skadron asked about
the 2012 concrete replacement and what defines safe versus unsafe curb and gutter. Tyler
Christoff, engineering department, told Council staff has a rating system for curb and gutter and
a rating of deteriorated, broken concrete, unsafe condition, they need to be replaced. Christoff
pointed out there are 12 new ADA ramps as part of this work.
Councilman Skadron asked what is being requested in the water utility business plan. Lee
Ledesma, water department, told Council their department is carrying forward $287,000 in
operating savings and $80,000 of that amount will be utilized for the water business plan. Ms.
Ledesma noted staff is not requesting additional funding. The $88,000 study is to review every
rate and fee in the water ordinances, like tap fees which have not been investigated since 1985
and snowmaking, raw water rates, pumping charges. The study will look at revenue projections
and how the fees and rates mesh. Councilman Skadron asked what will make the study valuable
to the city. Ms. Ledesma said this was presented to the pricing committee and it was noted that
tap fee revenues are on a downward trend and staff is looking for a rate structure that combines
all the pieces, demands and variables, in conjunction with tap fees to come to an overall solution
for the water fund. Ms. Ledesma said this is proactive and needs to be addressed for the city's
long range plan.
All in favor, motion carried.
Councilman Torre moved to read Ordinances 9, 13 and 14, Series of 2012; seconded by
Councilman Johnson. All in favor. motion carried.
ORDINANCE #9, SERIES OF 2012—Code Amendment—Bicycles on Sidewalks
ORDINANCE NO. 9
(Series of 2012)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 15.04.230 OF THE ASPEN MUNICIPAL
CODE, CERTAIN VEHICLES PROHIBITED ON SIDEWALKS, MALLS AND
STREETS
Mayor Ireland said staff feels there is a problem with people riding their bicycles on sidewalks in
large packs. Mayor Ireland noted it is difficult to have a large penalty for something people do
not perceive is a problem. This proposal allows children under 8 to ride on the sidewalks and the
penalties are graduated. Councilman Tone asked why bicycle riding on the mall is not
prohibited as part of this code amendment. Blair Weyer, police department, noted staff
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Regular Meeting Aspen City Council April 9,2012
discussed before the survey was done and what was important was the need for transportation on
streets and sidewalks, not in the mall. The mall should be a place where everyone is walking,
not an essential place for travel. Councilman Torre said there are places where the sidewalk runs
into the mall and he would like staff to address this for second reading. Ms. Weyer noted the
survey had many comments that people do not want bicycles ridden in the malls. Councilman
Johnson said he agrees young children should not be riding on the streets. Councilman Johnson
noted this should be as simple as possible. Councilman Johnson said he is concerned that
parents will find a $5 fine unacceptable and there should be some education component rather
than fines. Ms. Weyer agreed this will propel the educational efforts and the police department
will be actively on the mall in the spring/summer. Ms. Weyer pointed out in the survey over
60% wanted stricter enforcement. Councilman Skadron agreed ticketing 8 year old bicycle
riders seems extreme. Councilman Skadron noted the primary respondents to the survey were 51
to 60 year old and they may be less sensitive to young family's needs. Councilman Johnson said
he is not aware there is a problem with kids and bicycle riding.
Roll call vote; Frisch, yes; Skadron, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion
carried.
ORDINANCE #13, SERIES OF 2012 — Supplemental Appropriation
ORDINANCE NO. 13
(Series of 2012)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT
PLAN FUND EXPENDITURES OF $3,103,940, AN INCREASE IN THE GENERAL FUND
OF$3,369,680 AN INCREASE IN THE PARKS AND OPEN SPACE FUND OF $631,620, AN
INCREASE IN THE WHEELER OPERA HOUSE FUND OF $266,880, AN INCREASE IN
THETRANSPORTATION FUND OF $742.200, AN INCREASE IN THE HOUSING
DEVELOPMENT FUND OF $2,603,180, AN INCREASE IN THE KIDS FIRST FUND OF
$195,160, AN INCREASE IN THE STORMWATER FUND OF $674,130, AN INCREASE IN
THE WATER FUND OF $2,437,970, AN INCREASE IN THE ELECTRIC FUND OF
$711,820, AN INCREASE IN THE RENEWABLE ENERGY FUND OF $1,768,590, AN
INCREASE IN THE PARKING FUND OF $486,330, AN INCREASE IN THE GOLF
COURSE FUND OF $359,020, AN INCREASE IN THE TRUSCOTT FUND OF $565,380, A
INCREASE IN THE MAROLT FUND OF
$55,780, AN INCREASE IN THE EMPLOYEE HOUSING FUND OF $215,930, AN
INCREASE IN THE INFORMATION TECHNOLOGY FUND OF $1.303,320, A INCREASE
IN THE HOUSING ADMINISTRATION FUND OF $95,560.
Councilman Frisch asked about funding the bathroom facilities at the Rio Grande. Don
Pergande, finance department, told Council the parks department will return with more details at
a work session. The request in this ordinance is for a pump house for the non-potable water.
Funding for the restrooms is already budgeted. Councilman Tone asked about the funding for
improvements at rotary field and if this expenditure makes the fields usable for competition
games. Stephen Ellsperman, parks department, said it does make them usable for competition.
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Regular Meeting Aspen City Council April 9, 2012
Councilman Johnson requested for second reading a schedule of the employees being added as
well as an update on the kiosk bicycle program. Pergande noted this is the largest supplemental
of the year. The city's budget is approved in the fall of the previous year and projects that have
to be carried over have to go through supplemental appropriations. The ordinance also includes
carry forward savings and technical adjustments.
Councilman Johnson moved to adopt Ordinance #13, Series of 2012, on first reading; seconded
by Mayor Ireland. Roll call vote; Councilmembers Frisch, yes; Skadron. yes;; Tone, yes;
Johnson, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #14, SERIES OF 2012—Historic Landmark Lot Split 202/208 /E. Main
ORDINANCE #14
Series of 2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT
202 AND 208 EAST MAIN STREETS, UNITS A AND B, MAIN STREET VICTORIANS
CONDOMINIUMS, BLOCK 73, CITY AND TOWNSITE OF ASPEN, COLORADO
Amy Guthrie, community development department, told Council this is a lot split between two
Victorian cottages owned by two different people who are interested in owning their property in
fee simple. Councilman Torre asked if the lot split changes development rights. Ms. Guthrie
said as a single lot, they are allowed an exemption for one free market unit and when it is split
into two lots, each side is allowed an exemption from growth management for a free market unit.
These units will be subject to FAR, dimensional requirements, unit size. Each side would have
the right to increase their commercial square footage and perhaps add a dwelling unit. Ms.
Guthrie said any changes will be reviewed by HPC and any development would have to fit in
with the historic district, the trees and other requirements.
Councilman Tone moved to adopt Ordinance #14, Series of 2012, on first reading; seconded by
Councilman Johnson. Roll call vote; Frisch, yes; Skadron, yes; Tone, yes; Johnson, yes; Mayor
Ireland, yes. Motion carried.
RECONSIDERATION OF ORDINANCE #12, 2012—Code Amendments
Mayor Ireland reminded Council they had agreed to bring this up since Councilman Frisch was
not at the last meeting. Councilman Frisch said he watched the Council meeting on the web and
talked to people in the community. Councilman Frisch said Councilman Skadron brought up
Aspen's competitive advantage of remaining a community and Council and staff are trying to
figure out what Aspen should be in the future. Councilman Frisch said this ordinance was
classified as a slow start but these discussions have turbo boosted the construction sector and
Council will be seeing ten years of applications come in in the next month. Councilman Frisch
said it seems Council will be seeing the vast majority of development applications regardless of
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Regular Meeting Aspen City Council April 9, 2012
what Council wants the code to be like. Councilman Frisch said he would like more clarity and
surety in the process for land use applications. Councilman Frisch stated there seems to be
negotiating room in the proposed ordinance. Councilman Frisch said this ordinance will not
garner any affordable housing in the commercial core and it is a plus to have that housing in
town as it adds vibrancy. Councilman Frisch noted the demographics show that people are
moving into downtown centers as offering some upside to residents. Councilman Frisch said the
concern is that every project will have a residential component and that is probably not a correct
assumption. Councilman Frisch said there was a problem; however, it may have been
exacerbated by the city's action in trying to pass an emergency ordinance and then adopting this
ordinance.
Councilman Frisch said developers rushed to their planners to try and figure out what the new
amendments mean for each property owner. Councilman Frisch said if he felt the applications
would be pulled if the adoption of Ordinance #12 were to be reversed, he would support
reconsideration; however, those projects most probably will not be withdrawn. Councilman
Frisch said this has generated applications that may not have been turned in. Councilman Frisch
said free market condominiums have been available for years. Councilman Frisch said 3 recent
projects have given the community angst; the Art Museum, Little Annie's and Cooper Street and
all 3 of these have gone through negotiations. Councilman Frisch said he would like the third
floor problem addressed as soon as possible; Aspen should have a viable downtown with a wide
variety of people living and visiting downtown.
Councilman Torre said when he proposed the emergency ordinance, one reason was to avoid the
onrush of applications. Councilman Torre said enacting an emergency ordinance creates a level
playing field and stops what the Council does not want to see. Councilman Torre noted his
emergency ordinance only asked for a 4' reduction. Councilman Tone stated he is ready to
address 3`d floor uses. Councilman Tone said having residents on 3`d floor is a good use;
however, that is not what has happened over the last 8 years. How can code amendments assure
that the third floor will be a single family residence. Councilman Torre agreed it is important to
get more hot beds in Aspen. Councilman Frisch concurred the lodging study is needed to
address how to make condominiums as "hot" as possible so they do not turn into dead space.
Councilman Johnson said if Council explores what they want on 3`d floors, applicants will know
what is possible. Developers do not know what will be possible for redevelopment in the next 6
months. Councilman Johnson said the community should see that recommendations put into the
AACP will be acted upon at some point. Councilman Johnson said he would like to find a way
to have more certainty for developers, for the work force, for businesses and for residents.
Councilman Johnson said Council needs to start to figure out what they think is appropriate
development in the commercial core.
Councilman Frisch said the issues for the 3`d floor are allowances for lodging. The lodging study
will not determine that 6' feet is what is needed to get more lodging. Councilman Frisch noted
the chances of getting a 3-unit lodge on top of a project in the commercial core is very small.
Councilman Frisch said lodging will most likely be developed on its own lot. Councilman
Frisch said the other issue is free market condominiums and Council should decide early on
whether that should be an allowable use or not. Councilman Frisch said after Council tackles
those issues, the allowable height and FAR should fall into place.
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Regular Meeting Aspen City Council April 9, 2012
Councilman Skadron stated Aspen has a special feel and if every building to go the 3 stories, it
will change the essence of Aspen. Councilman Frisch agreed but that probably will not happen
as not every developer will try and maximize every last dollar. Councilman Frisch noted there
are already some lots affected by the view plain restrictions; and there are community protections
where Council is allowed to weigh in on the best thing for the community.
Mayor Ireland said this ordinance restricts buildings to 28' until Council drafts regulations that
will allow uses that are a community benefit. Mayor Ireland said residences as a use in the
commercial core should not be favored over things Council feels the community needs. Mayor
Ireland said the economies have changed with more demand for investment, luxury properties.
Mayor Ireland stated the unfettered free market approach has not lead to vitality. The vitality in
downtown Aspen has been created because of the city's regulations. Council can work on uses
they agree will help the vitality and the community. Mayor Ireland said the CC and C-1 zone
are limited in size. Lodging will not be created in neighborhood areas. Mayor Ireland said
there is a plethora of expensive residences available. Mayor Ireland said in real estate booms,
people have bought successful operating businesses and turned them into speculative free market
residential uses. Mayor Ireland proposed going forward with the lodging study in the most
expeditious way to determine if the community needs more lodging, what types, what incentives
could be used to encourage that. Mayor Ireland noted free market residential is allowed with
100% affordable housing mitigation. Mayor Ireland said the need for cold beds downtown is a
low priority; people can build those in other zone districts.
John Olson agreed on the essence of where Council is coming from. Olson agreed the Mother
Lode is too tall; the Art Museum will be more obtrusive. The Mother Lode is 42'6" and is
unoccupied because the top two floors are not connected. Olson said prospective buyers have
told him they would buy it if the two residences could be connected. Olson said the same for the
La Cocina residences. Olson agreed the proposed building on the Little Annie block will be too
big. Olson told Council the Connor project and Crandall building project were both financed by
what took place above 28'.
Chris Barry said if some level of revitalization is not allowed, buildings in town will become
decrepit and rundown. Free market pays for revitalization. Charles Cunniffe pointed there are
buildings impacted by view plane ordinances. Cunniffe said Council should keep in mind the
context of the town and the commercial core is designed to be the densest part of town. Putting
these restrictions in the CC zone will hurt the area that should have the most density and most
vitality. Cunniffe said one needs more than 28' in order to make a first floor dramatic retail.
Cunniffe said the height is not so much the problem; there should be setbacks for 3`d stories, any
building on the south should be stepped back to allow solar access. Donnie Lee, Gant,
encouraged Council to complete their studies expeditiously. Lee said he is not sure a height
limitation will accomplish what Council wants to achieve. Councilman Skadron said this
discussion is about physical characteristics of buildings, which is not what makes town special.
Councilman Skadron said what makes town special are views of the mountains around every
corner. Councilman Skadron said the issue is what development pattern will allow Aspen to
maintain the special feeling or strategic advantage over other areas.
Councilman Tone said this is not about 28' but is about what are the desired uses in the
downtown as well as building patterns. Olson agreed with the direction so that the community is
not getting bigger buildings through negotiations and questioned how Council finds middle
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Regular Meeting Aspen City Council April 9, 2012
ground. Councilman Torre said he proposed the emergency ordinance because of important to
him is historic respect and buildings should not be over 50' in the commercial core as it
diminishes Aspen's iconic buildings. Councilman Torre agreed down zoning is difficult and up
zoning is more easily done. The ordinance starts at a base level to allow Council to have
conversations about how to go forward.
Councilman Torre moved to adjourn at 7:25 PM; seconded by Councilman Johnson. All in
favor, motion carried.
Kathryn Koch
City Clerk
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