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HomeMy WebLinkAboutminutes.council.20020610Regular Meeting Aspen City Council June,10, 2002 SERVICE COMMENDATION - Steven Buett0W P&Z ..i ........ ii.ii ........ ".ii... 2 CITIZEN COMMENTS,...i.iiii .............. i.i ........ i.i.ii ................. ii ....... i ..... ........ 2 COUNCILMEMBER COMMENTS ,.. i...,, i,.,. i.. i. ii ...................................... 3 CONSENT CALENDAR ................................................................................ 5 [] Resolution #46, 2002 - Intergovernmental Agreement - RFTA Asset Transfer ....................................................................................................... 5 [] Resolution #47, 2002 - Aspen Transit Service Agreement ................ 5 [] Resolution #48, 2002 - IGA/Pitkin County Sharing Transit Facilities 5 [3 Resolution #49, 2002 - Contract Purchase Toro Work Carts ............. 5 [] Resolution #50, 2002 - Contract Purchase Toro Bank Mower ........... 5 ~ MEAN Reappointments - Phil Overeynder and David Cox ............... 5 ~ Minutes - May 13, 2002 ..................................................... ~ ................ 5 RESOLUTION #5 I, 2002 - Support Continuation of AMTRAK .................. 6 FIRST READING OF ORDINANCES .......................................................... 6 [] Ordinance # 13, 2002 - Supplemental Appropriations ........................ 6 [] Ordinance # 17, 2002 ' Code Amendment - Growth Management ..... 6 ORDINANCE #15, SERIES OF 2002 - Section M Amendment/Aspen Mountain PUD ,..} ........................................................................... ,.. ............. 8 ORDINANCE #16, SERIES OF ~002~ Galena street vacatiOn and Right- of-Way ............. i .......... ".[ ........ . ........................ ............... ,., ................ ~ ........... 10 ROADLLESS LEGISLATION - Aspen Wilderness Workshop .................. 10 ORDINANCE #18, SERIES OF 2002 - Code Amendment Water Shortages .............................................................................................. ~ ........................ I1 CATHOLIC CHARITIES FUNDING REQUEST ....................................... 12 1 j Regular Meeting Aspen City CoUncil June 10, 2002 MaYor Klanderud called the meeting to order at 5:00 p.m. w/th Councilmembers Paulson, McCabe, Hershey and Semrau present. SERVICE COMMENDATION- Steven BUettow P&Z Mayor and Council presented Steven Buettow with a commendation and recognition for his 8 years of service on the planning and zoning commission. CITIZEN COMMENTS 1. Connie Harvey told Council she is concerned about the state of city property north of the Maroon Creek bridge. Backhoes and other equipment have ravaged the valley bottom wetlands. Bob Lewis said the city has totally destroyed the wetland underneath the Maroon Creek bridge. Steven Ellsperman, parks department, told Council this project will create 7 acres of wildlife habitat under the Maroon Creek bridge. The staff did 3 years of biological inventory to confirm there were no threatened or endangered species. The project will restOre the flora, create a beaver complex, include 4 open ponds and a potential trout spawning bed. Ellsperman told Council staff worked with Truscott project to filter their storm water to make a biofilter into this wetland. Ellsperman said June 29th there will be a volunteer planting project in this area. 2. Barry Gordon told Council he has been working with the farmer's market group to include a cooking demonstration in Conner park. The top chefs of Aspen will do a demonstration weekly, they will ~se pr0ducts from the farmer's market, this will be filmed by Grassroots TV, recipes will be available, and there will be a Q&A. Council thanked Gordon for his effort. 3. Dale Paas, representing the Aspen Lodging Association, petitioned Council to reconsider the 50% increase in the lodge parking permits. Paas noted there have been some economically slow winters and this seems like the last straw. Paas told Council the lodging assOciation has wOrked well with the parking department but they would like this fee increase reconsidered. Randy Ready, assistant city manager, told Council the fee currently is $1.00 for 7 days for a lodging parking pass; the fee will go up to $1.50 next week. Council said they are meeting with the lodging association and the ACRA next week to discuss marketing. Council agreed to include 2 Regular Meeting Aspen City cOuncil June 10, 2002 this topic on June 18th. Council instructed staff to hold off on the lodge parking pass increase until after that meeting. 4. Kip Wheeler and Jon Busch, representing the Trolley group, reminded Council two months ago they asked if they could raise funds to restore one of the trolleys. The answer from the city was if they got the go ahead for a trolley ballot question, yes they could raise those funds to restore a trolley. Busch said the group has received permission to go ahead with the ballot language. Mayor Klanderud said that direction was to wait until after the June 3rd work session to see what Council had to say about the trolleys and the ballot language. Mayor Klanderud noted the direction from that work session was for the trolley proponents to draft ballot language to be brought back to Council at a regular meeting. Councilman Hershey said the trolley group has a go ahead for a ballot question as long as they meet the requirements agreed upon at the work session. If the trolley group wants to raise money and restore a trolley that is fine. Council agreed; this is at the risk of the trolley group. Councilman Semrau stated Council is not committed to a ballot question until they see the ballot language. COUNCILMEMBER COMMENTS 1. Mayor Klanderud congratulated the Gentlemen of Aspen Rugby Club for a exciting performance last weekend and for their 6th straight national USA Rugby championship. 2. Councilman Hershey said if there is anything the city can do for the city of Glenwood Springs, he hopes the city will do. 3. Councilman Hershey said on the ballot 2001, there was a question written by the Friends of Marolt about the entrance to Aspen, which was defeated 1259 to 644. Councilman Hershey said this question dealt with the S-curve alignment and creating a roundabout at Cemetery Lane. Councilman Hershey said he would be willing to support a question on the entrance to Aspen that will be crafted by Council. Councilman Hershey suggested a work session to word this ballot question. 4. Councilman Semrau commended the parks department for completing the restroom facilities in Wagner Park on deadline. 5. Councilman McCabe, too, congratulated the Gentlemen of Aspen. 3 Regular Meeting Aspen City Council June 10~ 2002 6. Councilman McCabe said the wildfire in Glenwood Springs is very frightening and agreed Aspen should do anything they can to help. 7. Councilman Paulson cautioned everyone about using anything that might start a fire, like barbecues at home, lawn mowers, weed eaters. When it is such extreme fire danger, anything can be a potential problem. 8. Steve Barwick, city manager, said staff would like to discuss emergency preparedness. Ed VanWalraven, fire marshal, told Council the state of Colorado is under extreme fire danger. The governor has banned all open fires, use and sale of fireworks, trash burning. VanWalraven said staff has been working on a wild land/urban interface and there will be training Thursday this week. Mayor Klandemd said she would like the city to start thinking creatively about ways other than fireworks to celebrate the Fourth of July and not to allow any fireworks, professional or not. VanWalraven told Council the Aspen Fire District sent 3 engines and 3 eight-man crews to help in Glenwood Springs with the Coal Seam fire. Mayor Klanderud said citizens may not realize there are mutual aid agreements in place for assistance throughout the valley. Councilman McCabe asked about signing the city trails "No Smoking" and providing trash pots with sand. Steven Ellsperman, parks department, told Council staff has identified areas that are a larger hazard area within town and on the edges of town. Ellsperman agreed signing these trails will raise the awareness. Councilman Paulson asked about the danger of exhaust from ATVs and four-wheelers. Ellsperman noted that newer vehicles have arresters that do not allow sparks; however, this could be a problem with vehicles not up to code. Loren Ryerson, police chief, told Council there is a Public Safety Council, made up of all public safety agencies, that has been working for the past 15 years to define the Incident Command System to manage emergency incidents. Ryerson said people from Pitkin County's ICS helped out in Glenwood and gained invaluable experience. Ryerson said he has confidence that ICS will work if Pitkin County has an emergency situation, 4 Regular Meetin~ Aspen City Council June 10~ 2002 9. Councilman McCabe reported RWAPA met and approve a new management contract with Mark Fuller and approved the budget. 10 Mayor Klandemd told Council the Obermeyer COWOP is a complex and exciting project, which has financial ramifications for what the city wants and the developer needs. There are issues of additional free market space, little gains in the S/C/I space and just a replacement of affordable housing. Mayor Klandemd noted there is a work session with the Obermeyer team in July. It is important to get Council input before the project goes a lot farther. 11. Councilman Semrau said the Housing Board is addressing the issue of ownership recertification and the documents necessary to recertify. 12. Mayor Klanderud announced the next RFTA Board meeting in Thursday, this week, 9 a.m. in Carbondale. CONSENT CALENDAR Councilman Hershey removed Resolution #51, Series of 2002, Support Continuation of AMTRAK. Councilman McCabe moved to approve the consem calendar as amended; seconded by Councilman Paulson. The consent calendar is: Resolution #46, 2002 - Intergovernmental Agreement - RFTA Asset Transfer [] Resolution #47, 2002 - Aspen Transit Service Agreement Resolution #48, 2002 - IGA/Pitkin County Sharing Transit Facilities [] Resolution #49, 2002 - Contract Purchase Toro Work Carts [] Resolution #50, 2002 - Contract Purchase Toro Bank Mower MEAN Reappomtments - Phil Overeynder and David Cox Minutes - May 13, 2002 5 Regular Meeting Aspen City Council June 10, 2002 All in favor, motion carried. RESOLUTION #51, 2002 - Support Continuation of AMTRAK Councilman Hershey noted passenger rail service has had stiff cOmpetition from air travel for the last 50 years. Councilman Hershey said he does not have a problem with this resolution; however, it does not address how poorly AMTRAK has been run. Councilman Hershey said before the city urges Congress to support AMTRAK, there should be something about restructuring AMTRAK to make it a more efficient serVice. Mayor Klanderud noted this resolution does not specifically mention AMTRAK but urges Congress to provide funds to the continuation and enhancement of inner city passenger rail service. Councilman Hershey said if this were an efficient service, it WOuld be run by a private agency and would be making money. Mayor Klanderud said highways and airlines are subsidized by the federal government, and there is less money going to rail. Mayor Klanderud said rail is another transportation link to bring visitors to this Valley. Mayor Klanderud said if this resolution passes, she will send a cover letter to each member of the Colorado Congressional delegation and will include a paragraph about improving AMTRAK. Councilman Paulson moved to approve Resolution #51, Series of 2002; seconded by Councilman Semrau. Ail in fav°rl with the exception of Councilmembers Hershey and McCabe. Motion carried. John Krueger, transportation department, commended RFTA for continuing bus service throughout the fire in Glenwood. By putting their emergency into plan into action, they were able to provide service to everyone throughout the valley. FIRST READING OF ORDINANCES ca Ordinance #13, 2002 - Supplemental Appropriations ~ Ordinance # 17, 2002 - Code Amendment - Growth Management Councilman McCabe moved to read Ordinances #13 and 17, Series of 2002; seconded by Councilman Semrau. All in favor, motion carried. 6 RegUlar Meeting Aspen City Council , June 10, 2002 ORDINANCE NO. 13 Series ot'2002 AN ORDINANCE APPROPRIATING AN INCREASE IN GENERAL FUNDED ASSET MANAGEMENT PLAN PROJECTS OF $363fi82; AN INCREASE IN GENERAL FWD EXPENDIT~S OF $484,481; A REDUCTION IN PARKS FUND EXPENDiTU~S ~F ($381,193); A REDUCTION IN OPEN SPACE ACQUISITION FUND EXPENDIT~S OF ($1,431,222); AN INCREASE IN THE PARKS CAPITAL PROJECTS FUND EXPENDITURES OF $250,000; AN INCREASE IN THE AFFORDABLE HOUSING / DAY CARE FUND EXPENDITURES OF $775,685; AN INCREASE IN THE WHEELER OPERA HOUSE FUND EXPENDITURES OF $4i,332; AN INCREASE IN THE REGIONAL TRANSPORTATION / ACRA MARKETING FUND EXPENDiTUREs OF $458,332; AN INCREASE IN THE PARKING IMPROVEMENT/GARAGE FUND EXPENDITURES OF $15,157; A REDUCTION IN THE WATER FUND EXPENDITURES OF ($1,631,143); AN INCREASE IN THE ELECTRIC FUND EXPENDITURES OF $37,974; AN REDUCTION IN THE GOLF FUND EXPENDITURES OF ($52,000); AN INCREASE IN THE TRANSPORTATION/PARKING EXPENDITURES 0F$92i}500; AND, AN INCREASE IN THE MAROLT HOUSING FUND EXPENDITURES OF $84,5002 ORDINANCE NO. 17 (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY CO~CIL APPROVING TEXT AMENDMENTS TO MUNICIPAL CODE SECTIONS 26.316, APPEALS, AND 26.470, GROWTH MANAGEMENT QUOTA SYSTEM, AMENDING THE REVIEW AUTHORITY OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSi°N TO IN~LuDE ALL GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS THAT ARE CURRENTLY REVIEWED BY THE J0~T CiTY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION, CiTY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman McCabe moved to adopt Ordinances #13 and 17, Series of 2002, on first reading; seconded by Councilman Hershey. Roll call vote; 7 Regular Meeting Aspen City Council June 10, 2002 Councilmembers Hershey, yes; Semrau, yes; Paulson, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #15, SERIES OF 2002 - Section M Amendment/Aspen Mountain PUD Joyce Ohlson, community development department, noted Section M of the original PUD agreement outline dates for start, completion, certificates of occupancy. There have been several amendments to Section M. This covers 3 projects; Grand Aspen, Top of Mill and the Bavarian Inn. Ms. Ohlson noted that Lot 5, Grand Aspen, is in a lawsuit, which is impacting the construction time. The Bavarian Inn PUD included a remodeling of that structure. The applicants have decided to raze and rebuild the existing Bavarian. The re-review through P&Z including some site redesign will take time. These are the reasons for the Section M amendments. MS. Ohlson reminded Council the goal is to make sure the affordable housing units are tied to the free market components of the Aspen Mountain PUD. Ms. Ohlson noted staff requested building permit applications for Top of Mill free market units are at the owner's discretion. These applications need to be made no sooner than the issuance ora building permit for phase I of the Bavarian Inn affordable housing project. Ms. Ohlson noted phase I is 9 affordable units, not the existing Inn, which is being held up. That is phase II of Bavarian Inn. Ms. Ohlson recommended the applicants not make application for the free market units until the 9 affordable housing units are in progress. The applicants request this be "at time of submission of building permit", not issuance ora building permit. Ms. Ohlson pointed out a correction that should read "Lot 3 Top of Mill" rather than Bavarian Inn affordable housing project. Councilman Semrau asked about the change from CO to final inspection. Ms. Ohlson said the chief building official recommended that change. Councilman Semrau noted it is easier to get a final inspection than a CO. Scott Writer, representing Four Peaks, told Council he understood this change to be because a CO is something some buildings do not obtain. ~.,,, Writer said changing ~t ro CO is fine with him. Council agreed with CO. 8 Regular Meeting Aspen City Council June 10, 2002 Writer reminded Council the Aspen Mountain PUD had housing mitigation required and the Bavarian Im~ was housing mitigation not tied to Lot 3. Writer told Council the applicants cannot apply for a building permit for Top of Mill until there is an issuance of a building permit for the Bavarian. Writer requested "issuance" be changed to "submittal" and adding a date of June 24th. The submittal is the time when the applicant has completed all their work. Councilman Semrau pointed out the Bavarian Inn qualifies for affordable housing expedited process, which takes only 10 days to 2 weeks for a building permit. Mayor Klandemd opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. John Worcester, city attorney, told Council the applicant is entitled to an amendment of the original PUD as long as the applicant shows that the delays in timing were beyond their control. Writer said the reasons for the delay in timing are those outlined in Fred Jarman's June l0th memorandum. Councilman Hershey moved to adopt Ordinance #15, Series of 2002; seconded by Councilman Semrau. Councilman Paulson asked how the applicants plan to deal with the neighbors on the change at the Bavarian. Writer said there will be a public process. The neighbors will be contacted individually. Councilman Semrau applauded the applicants for making the choice to tear down the Bavarian rather than to remodel it. Council agreed the goal is to have the housing built or in the process before the free market units get built. Writer proposed to start with phase I of the Bavarian immediately. Councilman Hershey amended his motion that 2(c) states "Top of Mill" rather than the Bavarian Inn and that this be CO rather than final inspection; seconded by Councilman Semrau. All in favor, motion carried. Roll call vote; Councilmembers Semrau, yes; Hershey, yes; Paulson, yes; McCabe, yes; Mayor Klanderud, yes. Motion carded. 9 Regular Meeting Aspen Ci,ty Council June 10, 2002 ORDINANCE #!6, SERIES OF 2002 _ Galena street Vacation and Right~ of-Way Chris Bendon, community development department, told Council this is the last step in the property exchange with Pitkin County. Bendon showed CounCil the properties, the exChanges, and the rights-of-way, The ordinance affects the Galena street right-of-way and correCts the platting. There are no proposed changes to the physical make up of the turnaround. The Pitkin County Commissioners have reviewed and approved this. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman McCabe moved to adopt Ordinance #16, Series of 2002, on second reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Hershey, yes; Semrau, yes; McCabe, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. ROADLLESS LEGISLATION- ASpen wilderness Workshop Jamey Fidel, Aspen Wilderness Workshop, requested the city support federal legislation, the National forest roadless area conservation act, to offer protection for roadless areas. Fidel told Council about 58 million acres of national forest will be protected Under this measure. Fidel told Council one reason this was introduced bY the forest service is that there is a huge backlog of maintenance of the existing forest service roads. This bill does not decrease the ability to diminish fire hazards or to fight fires. Fidel said tourism is important to Aspen's economy and the roadless areas are valuable to tourists. Fidel mentioned that a survey by the ACRA found that 81% of guests list their number I criteria in choosing a resort as scenery. Fidel said when the city endorsed alternative D of the forest service plan, they commented at that time, that roadless areas existing represent the most important management opportunity on public lands. Fidel requested Council send a letter of sUpport for this bill to the Colorado Congressional delegation. Councilman Hershey pointed out 7/8 of the land in Pitkin County is owned by some government. Councilman Hershey said he discussed this bill with Congressman Scott Mclnnis and read a letter of opposition from his office into the record. Councilman Hershey said he does not support this request I0 Regular Meeting Aspen City Council June 10~ 2002 and if it is paSsed, he does not want his name assoCiated with this support. Mayor Klanderud asked to what extent this is consistent with the White River Forest plan. Fidel said Wilderness WorkshOP is still analYzing the 3,000-page plan. Fidel told Council 6401000 aCres are inventoried as roadless in the White River National FOrest. The forest service decided to include 82,000 acres as wilderness area recommendations. Out of the 640,000, 370,000 acres are being termed as Group 3 management areas, which alloWs for the highest amount of use and deterioration ofroadless area characteristics. Councilman Paulson said he supports this. Councilman Paulson said if 3% of the state cannot be saved from consuming the whole earth, wilderness may be a lost cause: Councilman McCabe moved to support the substance of the letter; seconded by Councilman Paulson. All in favor with the exception of Councilman Hershey, motion carried. ORDINANCE #18, SERIES OF 2002 - Code Amendment Water Shortages Phil Overeynder, water department director, said this ordinance changes the water shortage requirements in stages 1, 2, and 3. Staff is also requesting Council declare a stage 1 drought separate from the ordinance. Overeynder noted there is less water now than in 1977, the driest year to date. The peak runoffin the Roaring fork river has been reached earlier and the peak volumes are lower~ John Worcester, city attorney, told Council when they declare a stage 1 water shortage, the temporary water rates go into effect. These have to follow adoption of Ordinance #18. Overeynder explained the current rate structure is based on 30,000/gallons/month. The rates in a stage 1 will go up after 12,750 gallons/month in a house with 1.7 ECUs. The first 12,750 gallons will be at · the lower rate of $1.16; the rate goes up for any usage over 12,751 gallons. Overeynder told Council, if there are excess revenues because of this measure, staff will come back to Council with alternatives for spending this money or crediting it back. Councilman Hershey mOved to read Ordinance # 18, Series of 2002; seconded bY CoUncilman Paulson. All in favor, motion carried. 11 Regular Meeting Aspen City Council June 10, 2002 ORDINANCE #18 Series of 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPENI COLORADO, AMENDING CHAPTER 25.28 OF THE CITY OF ASPEN MUNICIPAL CODE, WATER SHORTAGES Councilman Hershey moved to adopt Ordinance # 18, Series of 2002, on first reading; seconded by Councilman Paulson. ROll call vote; CoUncilmembers McCabe, yes; Semrau, yes; Paulson, yes; Hershey, yes; Mayor Klanderud, yes. Motion carried. CATHOLIC CHARITIES FUNDING REQUEST Randy Ready, assistant city manager, reminded Council they discussed this funding request at a work session in April. $4100 of funding was set aside for Asistencio para Latinos, which is now dormant. Catholic Charities has requested this fimding as they are filling the same purpose of Asistencio. Tom Ziemann, Catholic Charities, told Council they have hired an attorney to provide immigration assistance. Pitkin and Garfield counties have given funding. Councilman Paulson said he is concerned about spending city money on family planning or illegal immigration. There is a problem with over- population in the United States and the country should be changing its immigration policy. Councilman Hershey said there is a responsibility to help the people who are here and living in this valley. Michael McGarry said the city has not vetted Catholic Charities. McGarry said Catholic Charities does not have a reputation for being fiscally responsible. McGarry said no taxpayer money should be given to this organization. Councilman Hershey moved to away $4100 community service grant to Catholic Charities in lieu of Asistencio Para Latinos; seconded by Councilman Semrau. Councilman Semrau said this is not about immigration. This is about helping people who are living in this valley. Councilman Semrau said he feels this money is money well spent. 12 Regular Meetin~ Aspen Ci.ty Council June 10, 2002 Councilman Semrau moved to call the question; seconded by Councilman Hershey. All in favor, with the exception of Councilman Paulson. Motion carded. All in favor, with the exception of Councilmembers McCabe and Paulson. Motion carried. Councilman Hershey moved to adjourn at 7:50 p.m.; seconded by CounCilman Semrau. All in favor, motion carded. S. Koch, City Clerk 13