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HomeMy WebLinkAboutminutes.council.20020826 Regular Meeting Aspen Ci,ty Council August 26, 2002 COUNCIL MEETING ..... ~ .............................................................................. 2 CITIZEN COMMENTS .................................................... .............................. 2 COUNCILMEMBER COMMENTS ....... '..i ...... i ........................................... 3 CONSENT CALENDAR ................................................................ ; ............... 4 [] Resolution #79, 2002 - Annexation Plan .......... ,...: ........... : ................ 4 [] Resolution #81, 2002 - Accepting Land Donation - Puppy Smith LLC4 [] Minutes - August 12, 19, 20, 2002 ...................................................... 4 APPOINTMENTS TO KIDS FIRST BOARD ............................................... 5 RESOLUTION #80, 2002 - Lease Agreement - Aspen Junior Golf .............. 5 REQUEST FOR SUPPLEMENTAL APPROPRIATION' ~ water Department ............ : .............................................................. .................... i ...... 5 ORDINANCE #21, SERIES OF 2002 - Code Amendment Fractional Fee Ownership ............................................................. ~.t~, ....... .,,, ......................... 5 ORDINANCE #27, SERIES 0F 2002 ~ COde Amendment Public Notices of Land Use Code ................................................................................................ 8 ORDINANCE #26, SERIES OF 2002 _ SPA Amendment Lot 5 Rio Grande Subdivision ......................................................................... .......... .~ ..... , .......... 9 ORDINANCE #28, SERIES OF 2002 - Rezoning 311 South First ............. 10 ORDINANCE #29, SERIES OF 2002 - Code Amendment Housing Payment ff'"x~ in Lieu in RMF Zone .......................................................... :.., ....................... l0 · ORDINANCE #32 SERIES OF 2002 - Charter Amendment on Publications ORDINANCE #33, SERIES OF 2002 - Code Amendment Prohibiting Horse Drawn Carriages on Sidewalks and Malls .................................................... 11 REQUEST FOR FUNDS - Grassroots Television ....................................... 11 RESOLUTION #82, SERIES OF 2002 - Electi°n Question Entrance to Aspen ............................................................................................................. 12 RESOLUTION #78, SERIES OF 2002 - Housing IGA: .............................. 13 Regular Meeting Aspen City Council August 26, 2002 Mayor Klandemd called the meeting to order at 4:05 p.m. with Councilmembers Panlson, Semrau, McCabe and Hershey present. Councilman Hershey moved to go into executive session to discuss the purchase, acquisition, lease or transfer of real or personal property with regard to SPARC and the Iselin facility pursuant to C.R~S. 2476-402(4)(a); seconded by Councilman M~Cabe. All in favor, motion carried. Councilman Hershey moved to come out of executive session at 4:55 p.m.; seconded by Councilman Semrau. All in favor, motion carried. COUNCIL MEETING CITIZEN COMMENTS I. Barry Gordon brought up the rezoning of the downtown commercial core and stated he was told by staff that it is possible to isolate the rezoning from the infill project. Gordon requested Council look at that separation as the infill may not happen for months. Gordon said he has petitions that residents and visitors have been signing stating Council needs to take urgent action to do something to save the merchants and retailers in the downtown core. Mayor Klanderud said city processes are to insure fairness and public participation by the entire community. Mayor Klanderud pointed out P&Z is starting the infill public heatings next Tuesday, September 3rd. Council made a decision to go through the process on this issue. Councilman Semrau noted it would be appropriate for Gordon to attend the P&Z and to make sure this issue is expedited. Mayor Klandemd said because of the magnitude of this rezoning, she prefers that it goes through P&Z and then come to Council with recommendations from them. Mayor Klanderud said if it is necessary to separate the commercial core rezoning from infill, it can be done. 2. Shirley Ritter, director Kids First, presented their new brochure "Quality Child Care Matters". This brochure is a resource that will be available throughout the valley. Ms. Ritter said to highlight this publication, Kids First is sponsoring "Breakfast and a Movie" at the Isis September 14th at 10 a~m., ail children and parents welcome. 2 Regular Meeting Aspen Ci~, Council August 26, 2002 3. Mrs. Block, 215 West Bleeker, told Council in 1999 Ron Shelling bought the property next door and there have been continuing problems. Stephan Kanipe, building official, said staff has been meeting with Shelling through his attorney. There are 3 conditions that need to be met by August 30th; application for a building permit in an acceptable form, $25,000 payment, and securing the lot and making it not a public nuisance. Mrs. Block told Council city staff has been very helpful in dealing with sOmeone that does not follow agreements or signed promises. 4. Andrew Kole said the new ice rink/pool facility is going to be a great facility. SPARC has done a good job raising $6 million. Because of the economy, they have not been able to raise the entire amount. Kole suggested the city finish the facility. 5. Susan O'Neil told Council she drafted the language about commercial space and drafted it to be inclusive rather than exclusive. COUNCILMEMBER COMMENTS 1 Mayor Klanderud said there is an item on the agenda for funding Grassroots. Mayor Klanderud said this is out of sequence with the non- profit funding requests and opens the door for other non-profits to come to Council outside the process for more funds if they do not get the funding they want. 2. Councilman Hershey said Alexander Julian was here for the IDCA and looked at Truscott for ideas/suggestions with the color scheme. Mayor Klanderud said the asset manager will get several bids or suggestions for Truscott. 3. Councilman Hershey said he is concerned about the lack of trust in a representative form of government. Citizens second guess every decision and want to do petitions on many decisions. Councilman Hershey said the majority of Council is up for election every two years and the voters can make their sentiments known then. 4. Councilman Semrau noted that trust is earned and the public has a right to expect that Council is not infallible in its decisions but that they should be honest about their mistakes and try to correct them. Councilman 3 Regular Meeting Aspen City Council August 26, 2002 Semrau said the Tmscott project is an example; it did not work out the way everyone thought it should. Councilman Semrau stated it is the nature of this community to demand excellence, everywhere. 5. Councilman McCabe thanked the Aspen Foundation for the $1.5 million donation to charitable groups throughout the valley. This is a fantastic effort by the private sector. 6. Councilman Paulson announced September 6 and 7 in Glenwood Spring is a national club dealing with speeders, which are the individual cars that go along railroad tracks. Councilman Paulson said this club has permission to use the tracks and travel between Glenwood and Carbondale. Anyone interested in rail should try and participate. 7. Mayor Klandemd said it has been a long hot summer with drought, serious fires, and the economy in a difficult position. Mayor Klandemd said everyone is tense and anxious. Mayor Klanderud agreed there have been a lot of individual concerns about everything the government and other organizations in the valley are doing. Mayor Klanderud said some of the criticisms are warranted; some are not based in fact. Council is facing serious issues and they need to make serious and solid decisions. The only way t6 dS tha~ S~C~eSsfully is t° Work together, not at odds CONSENT CALENDAR Council removed the Kids First Board appointments, Resolution #80, Aspen Junior Golf Lease and RequeSt for Supplemental Appropriation, Water Department from the consent calendar; Councilman Semrau moved to adopt the consent calendar as amended; seconded by Councilman McCabe. The consent calendar is: o ResOlution #79, 2002 - Annexation Plan a Resolution #81, 2002 - Accepting Land Donation - Puppy Smith LLC a Minutes - August 12, 19, 20, 2002 Mayor Klanderud thanked Camilla Auger for completing the land donation. 4 Regular Meeting Aspen City Council August 26, 2002 APPOINTMENTS TO KIDS FIRST BOARD Councilman Hershey recused himself and left the room duc to an appointment of a related person. Councilman McCabe moved to approve the appointments to the Kids First board; seconded by Councilman Paulson. The appointments are Julie Markalunas, Carole Hershey, Jane Mitchell, Debbie Braun and Erlinda Morehead. All in favor, motion carried. RESOLUTION #80, 2002 - Lease Agreement - Aspen Junior Golf Steve Aitken, director of golf, told Council this lease is only for the remainder of this season. Staff and Junior Golf will look at it again in October. Councilman McCabe asked how the utilities are handled. John Worcester, city attorney, said there are no separate meters and the lessee pays $100/month. Worcester told Council staffwill look at the costs for a separate meter when negotiating a longer lease. Councilman Semrau moved to approved Resolution #80, Series of 2002, apprOving the Junior Golf lease agreement; seconded by Councilman Hersheyl Ail in favor, m°tion Carried. REQUEST FOR SUPPLEMENTAL APPROPRIATION - Water Department Councilman McCabe asked when staff expects payment from CDOT. Phil Overeynder, water department said CDOT has been billed and payment should be received in the next 60 days. Councilman McCabe moved to approve the request for supplemental appropriation from the water department; seconded by Councilman Panlson. All in favor, motion carried. ORDINANCE #21~ SERIES OF 2002 - Code Amendment Fractional Fee Ownership Joyce Ohlson, community development department, told Council staff will go through everything on fractional fee except the financial component and potential mitigation strategies. Ms. Ohlson said there has been a lot of 5 Regular Meetin~ Aspen City Council August 26, 2002 research, meetings and discussions on fractional fee ownership. Ms. Ohlson reminded Council, the city received applications for timeshare projects last year and Council directed staff to re-write the regulations. Ms. Ohlson said staff looked at the needs of the community, the needs of the industry and at other city's regulations. Ms. Ohlson said P&Z framed the goals for timeshare with Aspen's goals in mind. P&Z felt that timeshare could create more vitality, could enhance economic sustainability and help preserve and increase Aspen's lodging. Ms. Ohlson said generating new visits to Aspen will help the community. Ms. Ohlson said them should be a continued availability of timeshare units to renters, not just owners: These regulations were reviewed by an attorney in the timeshare indusu'y to make sure they do not violate the SEC rules. These timeshares should be real estate, not securities, and should be handled by real estate brokers. Alan Richman, consultant on timeshare, pointed out Section 1 repeals the existing timeshare regulations and replaces them with new provisions. Richman said the ordinance states why the city is adopting timeshare regulations. Section 2 identifies the two types oftimeshare permitted by this ordinance; exempt and timeshare lodge development. Section 3 describes exempt timeshare and the streamlined process. It is a subdivision exemption process only made available to 6-units or less in the LTR zone or at the base of Aspen Highlands. Richman told Council P&Z felt exemPt timesharing is an experiment and should be a very limited provision for a small portion of the inventory. Richman pointed out the ordinance outlines the procedure for timeshare, making it a permitted use and using the planned unit development procedure to review these projects. Richman noted in terms of the growth management quota system, timeshare units are lodge units. Richman said Council may grant variations to the standards as one size does not apply to all projects. Richman said these regulations are a model that makes good sense for the city. Richman pointed out these regulations do not require all the legal documentation before conceptual. If the concept is approved, the applicant then prepares all the legal documents. Richman noted Section 060 is the characteristics of what makes a development into a timeshare lodge. This includes both physical and operational features so that the project operates more like a lodge and less 6 Regular Meeting Aspen Cit~ Council August 26, 2002 like a private residential comPlex. This includes staff on-site and recreational amenities. Five mandatory operational practices are listed to insure the development will operate to make units available to other than owners. Richman said the ordinance contains review standards, many of which are in the existing code. This ordinance sets up lodges to collect sales tax. Richman pointed out section 2 through 11 are more technical. There is a definition of timeshare, each unit has to be divided into no less than 7 individual sales. This should eliminate units acting as a private residential club. Councilman Semrau said in mandatory element, what does "sufficient level of recreation facilities and other amenities" mean. Councilman Semrau said this seems vague. Richman said it is vague and through the PUD process, Council can make a judgement on the site-specific project. Richman told Council he could find no standards on what exactly should be provided. Richman said guests have expectations of high amenity levels in timeshare projects. Councilman Semrau noted this is a mandatory element without examples of specificity. Councilman Semrau said he would like to perhaps outline the threshold of this mandatory element. Mayor Klanderud said P&Z suggested that timeshare sales offices should be on site. Mayor Klanderud asked what control the city wOUld have over timeshare projects not within the city's jurisdiCtion that may want offices in the city. Worcester suggested P&Z look at this as part of the infill code amendments. Mayor Klanderud opened the public hearing. David Brown said it seems some of the items listed in the requirements for an application are things that the city will not gain any benefit from by having them included. Sunny Vann said he agrees with Brown. Many of the detail work was taken out of conceptual review and moved to final. Vann said the budget is determined by what is approved and it should be part of final rather than conceptual. Sheri Sanzone suggested that SKI zone be included as one in which timeshare is allowed. Ms. Ohlson agreed that zone should be included, 7 Regular Meeting Aspen Ci.ty CounCil August 26, 2002 Herb Klein asked about the financial model. MaYor Klandernd said this ordinance will be continued so that the financial model can be included. Ms. Ohlson told Council staff and P&Z discussed what needed to be included in the application to cover the intentions of the development, how the development will sustain itself, what are the premises on which the development is based~ Ms. Ohlson reminded CoUncil there are broad ranges of timeshare developments from small lodges to a brand new large development. Ms. Ohlson said staff will look at adding language that this should be a preliminary rather than fiinal budget. Councilman Hershey moved to continue Ordinance #21, Series of 2002, to September 23, 2002; seconded by c°uncilman McCabe. All in favor, motion carried. ORDINANCE #27~ SERIES OF 2002 - Code Amendment Public Notices of Land Use Code James Lindt, community development department, told COuncil this is a city-initiated code amendment, amending public noticing for almost all land uses. Lindt said the intent of this amendment is to make the public noticing requirement uniform with the exception of minor HPC cases that do not have significant impactS on the neighborhood. Lindt told Council staffis reviewing the entire growth management section of the code so those notice requirements will be amended when that section comes before Council. Lindt noted the changes from first reading are mailing of notice for city- initiated rezoning applications and private rezoning require mailing and posting of the property. Another change is in the appeals Section to make land use appeals before Council a public meeting rather than a public hearing. Lindt said appeals are based on the record of the original application and new public testimony is not allowed. Mayor Klandemd opened the public hearing. Stan Clauson said in Section 15, Appeals, there is no clear statement in the code whether an appeal may be made ofa P&Z decision on Conditional use. John Worcester, city attorney, said staffwill clarify this in a future amendment to the code. Worcester said he feels it was the intent of the land use code that a decision on conditional use is not appealable. Worcester said 8 Regular Meeting Aspen City, Council, August 26, 2002 there are decisions o£Boards that are not appealable to Council, otherwise that is all Council would be doing. The remedy is to go to District Court. Mayor Klandcmd closed the public hearing. Councilman Hershey moved to adopt Ordinance #27, Series 0£2002, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; Semrau, yes; McCabe, yes; Mayor Klandemd, yes. Motion carried. ORDINANCE g26, SERIES OF 2002 ~ SPA Amendment Lot 5 Rio Grande Subdivision James Lindt, community development department, told Council this amendment requests a new curb cut offeast Bleeker street and 4 parking spaces on the north side of the Pitkin County jail. The applicant proposes landscaping to screen these parking spaces from the bike path. Lot 5 has about 5,000 square feet and 2,000 of this is the right of way for the bike path. These proposed parking spaces will be used as a delivery and maintenance for the jail. Lindt told Council this parcel was originally earmarked for expansion of the jail; however, the jail has no plans to expand. ~ 36 h~d ~dditi°nal parking. Lindt said this site can still be used for future jail expansion. This is not in conflict with either the Obermeyer COWOP or the civic master plan. Lindt said this plan is complementary to the community facility uses in this area. Stan Clauson, representing the applicant, presented a landscaping plan showing landscaping along the path to provide screening along the trail. Clauson said the applicant is aware that changes to the parking plan may be required to accommodate a land trade and requested a change in condition ?gl0 that the county is not obligated to any expenses related to changes made in order to accomplish a land swap. Mayor Klanderud opened the public hearing. Toni Kronberg asked Council to consider #10 because it is important that if a land swap is necessary that it can be done: Mayor Klanderud closed the public hearing. 9 Regular Meeting Aspen Ci,ty Council August 26, 2002 Councilman Hershey moved to adopt Ordinance #26, Series of 2002, on second reading with the inclusion that the county is not obligated to any costs incurred in a land swap; seconded by Councilman Semrau. Roll call vote; Councilmembers Hershey, yes; Semrau, yes; Paulson, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #28, SERIES OF 2002 - Rezoning 311 South First ORDINANCE #29~ SERIES OF 2002, - COde Amendment Housing Payment in Lieu in RMF Zone Amy Guthrie, community development department, told Council there are non-conformities on this property. This 6,000 square foot parcel that contains a Victorian house and an addition made in the 1980's. In the intervening years, this was converted into multiple units. This application is to correct the non-conformities by rezoning from R-15 to RMF, which allows 2 detached single family houses. The link between the two structures ~vill be eliminated. The second ordinance is a code amendment to allow cash payment in the RMF zone, which is the only zone district that does not allow cash-in-lieu. Ms. Guthrie said the proposal will enhance the existing historic Victorian. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman McCabe moved to adopt Ordinances #28 and 29, Series of 2002, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Paulson, yes; Semrau, yes; McCabe, yes; Hershey, yes; Mayor Klanderud, yes. Motion carded. ORDINANCE #32, SERIES OF 2002 - Charter Amendment on Publications Kathryn Koch, City Clerk, explained to Council this ordinance amends the Charter to allow the city to publish ordinances on first reading by title only rather than in full. This will save money annually. Council may require a short summary to be published with the title. Ms. Koch said this ordinance will not take effect until after the Charter amendment is approved by the electorate in November. 10 Regular Meeting Aspen Ci,ty Council August 26, 2002 Mayor Klandemd opened the public hearing. There were no comments. Mayor Klandemd closed the public hearing. Councilman Hershey moved to adopt Ordinance #32, Series of 2002, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers paulson, yes; McCabe, yes; Hershey, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #33, SERIES OF 2002 - Code Amendment prOhibiting Horse Drawn Carriages on Sidewalks and Malls John Worcester, city attorney, told Council this was drafted at the request of the police department to address a problem with horse c~ages being driven down the mall. This is a Safety issue for pedestrians in the mall. The parking area at Cooper and Galena will still be allowed. Loren Ryerson, chief of police, told Council this ordinance should not impact the businesses of horse drix~en carriages as currently carried on. Mayor Klandemd opened the public hearing. Paul RUtledge, representing the Aspen Carriage Company, noted the ordinance states carriages may load and unload passengers. Rutledge requested the ordinance be amended to state that historic uses are allowed at Cooper & Galena streets. Rutledge said the Aspen Carriage Company has been in business for 26 years and they have respected the no vehicles on mall role. Worcester suggested amending the ordinance to state "load and unload passengers and park at the comer of Galena and Cooper". Mayor Klandemd closed the public hearing. Councilman Hershey moved to adopt Ordinance #33, Series of 2002, amending it to add "and park at the comer of Galena & Cooper"; seconded by Councilman Semrau. Roll call vote; Councilmembers Paulson, yes; Semrau, yes; Hershey, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. REQUEST FOR FUNDS - Grassroots Television Randy Ready, assistant city manager, told Council this request is for $10,000 for a down payment for a master control system for equipment for 11 Regular Meeting Aspen City Council August 26, 2002 Grassroots. Ready said the current equipment is 25-year-old technology and is beyond repair. Ready said this is outside the regular non-profit review process; however, this piece of equipment is critical to keeping Grassroots on TV and cannot wait until the fall review process. Ready told Council there is over $55,000 in Council's contingency fund. Andrew Kole, representing Grassroots, told Council the current playback system is outdated and is labOr intenSive. Kole said this down payment would allow Grassroots to pay $800~m°nth to pay offthis equipment. Kole said any money received from the city's non-profit committee will be used to pay down the loan. Kole said if the digital system is not Purchased, Grassroots will return the money. Mayor Klanderud said she supports Grassr°ots; however, other non-profit groups have had their funding cut or eliminated. These groups could all be sitting in front of Council requesting funds outside the regular process. Kole said this is an attempt to build a better system for the community and is proactive rather than coming to Council when the TV station is about to go dark. Councilman Hershey moved to approve $10,000 from 2002 Council 60ntingency ~ndi to be used toward the pUrchase of equipment and no other use and to be refunded if the non-profit committee funds their entire request; seconded by Councilman Semrau. Councilman Paulson said he feels this is a good idea and he does not see a down side for the city. Councilman McCabe said it is difficult for Council to approve these requests outside the funding cycle; however, Grassroots has been requesting this equipment for awhile and he would make an exception for this request only as there is a definite need. Mayor Klanderud said she does not like the precedence of funding a request outside the process as there are so many other non-profit organizations who probably also have needs. Councilman Semrau said since this is coming Out of Council's diScretionary funds, he would approve it this one time. All in favor, with the exception of Mayor Klanderud. Motion carried. RESOLUTION #82, SERIES OF 2002 - Election Question Entrance to Aspen 12 Regular Meeting Aspen City Council August 26~ 2002 John Worcester, city attorney, presented two alternative resolutions drafted based on Council's comments at the last work session. Councilman McCabe moved to approve Resolution #82, Series of 2002, page 190 stating "Which alignment to the entrance to Aspen do you prefer, chose only one, S curves or modified direct"; seconded by Councilman Semrau. Toni Kronberg asked in the second question what is "modified direct alignment". Councilman McCabe said this is in the record of decision. Mayor Klandemd said this is two lanes of highway and a rail corridor with a dedicated bus lane in the interim. Ms. Kronberg asked if this will be explained to the voters. Yasmine dePagter said she does not like either question and if she could have crafted the question, she would have asked something like the language in the recent petition. Mayor Klandemd asked if supporters of this question see the modified direct as including the bus lanes. Worcester said the question is an aligranent question, not a mode question. If the modified direct passes, this is the approval of 1996 ballot question. Worcester said this question is a survey of voter sentiment as to which alignment is preferred~ It does not authorize new use nor does it take away the approvals granted for Marolt in 1996. Mayor Klanderud asked why this question is being put on the ballot when the alignment has already been conveyed. Councilman Semrau pointed out this spring that many citizens stated the majority of the voters would prefer to keep the S-curves, got a petition and said the Council was not representing the wishes of the voters. Bert Myrin said the other question is closer to the wishes of the petitioners. Councilmembers Semrau, Hershey, and McCabe in favor; Councilman Paulson and Mayor Klanderud opposed. Motion carded. RESOLUTION #78, SERIES OF 2002 - Housing IGA Steve Barwick, city manager, told Council this has been reviewed by the County Commissioners. The city and county compromised on cost sharing; Barwick said he questioned what "prorated" meant and the city and county Will each PaY 50% of the normal operating expenses of the housing office Regular Meeting Aspen City Council August 26, 2002 including development of guidelines, property management, etc. The city and county will pay for their own special projects. Mayor Klanderud asked why the housing board terms are 2 years rather than the same as other boards, which are 3 or 4 years. Mayor Klanderud said 2 years is a very short term. Council agreed to change the terms to 4 years. Councilman Semrau asked why the work plan is every 2 years rather than annually and doesn't every department do a work plan annually. Councilman Semrau suggested this be taken back to the county and (1) annual work plan rather than biennial; (2) clarify that the guidelines are redone every 2 or 3 years; and (3) the master plan will be updated with an annual summary of progress of what has been accomplished in the master plan. Councilman Paulson moved to go into executive session at 8:40 p.m. to receive legal counsel pursuant to C,R.S. 24-6-402(4)(b) and to discuss the acquisition of property pursuant to C.R.S. 24-6-402(4)(a); seconded by Councilman McCabe. All in favor, motion carded. Councilman Semrau moved to come out of executive session at 9:17 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Councilman Paulson moved to adjourn at 9:17 p.m.; seconded by Councilman Hershey. All in favor, motion carded. 14