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HomeMy WebLinkAboutminutes.council.20020923Regular Meetin~ Aspen Ci,ty Council September 23, 2002 OUTSTANDING EMPLOYEE BONUS AWARD ....................................... 2 CITIZEN PARTICIPATION .......................................................................... 2 MELVILLE COMMENTDATION ................................................................ 2 COUNCILMEMBER COMMENTS .............................................................. 2 CONSENT CALENDAR ................................................................................ 3 [21 Resolution #86, 2002 Wheeler lease contract with Creative D6cor 4 [] Resolution #87, 2002 - Old Stage Road Phase I contract .................. 4 D Resolution #90, 2002 - Iselin Paving contract - Grand River Construction ................................................................................................ 4 RESOLUTION #85, SERIES OF 2002 - ARC Concession Contract ............ 4 FIRST READING OF ORDINANCES .......................................................... 5 [] Ordinance #35, 2002 - Code Amendment - Construction Sites ........ 5 ~ Ordinance #36, 2002 - Uhl - Historic Landmark Lot Split - 320 West Hallam ............................................................................................... 5 ORDINANCE NO. 35 ................................................................................... 5 RESOLUTION #88, SERIES OF 2002 - Annexation Maroon Creek Road Right-of-Way ................................................................................................... 5 ORDINANCE #30, SERIES OF 2002 - Marqusee Rezoning ........................ 7 RESOLUTION #89, SERIES OF 2002 - Burlingame Parcel D COWOP Eligibility. ........................................................................................................ 7 2002 IRRIGATION SEASON EXCESS WATER RATES AND REFUND 9 Regular Meeting Aspen City Council September 23, 2002 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Paulson, Semrau, McCabe and Hershey present. OUTSTANDING EMPLOYEE BONUS AWARD Mayor and Council presented Kathy Strickland, city clerk's office, with a plaque and check for an outstanding employee bonus award for her work on the Saturday market. CITIZEN PARTICIPATION 1. Paul Taddune, representing Mrs. 'Block 215 West Bleeker next door to the Shelling project, asked that the city continue to monitor the Shelling project. Taddune told Council he has received assurances from staff that the property owner will place a fence around the project. Taddune said the city should require some plan so that the neighbors will have an idea of what will be happening on this site and what the remediation plan is. If that is not forthcoming, the Shellings should forfeit their approvals. David Hoefer, assistant city attorney, told Council he will meet with Taddune next week, review the options, check the framing to see if the building is a public safety hazard. Hoefer said he will report back to Council on the outcome of this meeting. 2. Jim Ward stated he is not in favor of the straight shot. One reason is if one traffic light is traded for another light, nothing has been accomplished. Ward said doing away with the S-roms and putting in a straight shot through the Marolt property is agreeing with problems of this town, that people will be trying to make this town how wherever they just left. Ward said if the traffic signal at Cemetery Lane is fixed so that traffic is not always stopped there, it will help solve the problem. MELVILLE COMMENTDATION Mayor and Council presented Marian and Ralph Melville with a commendation of appreciation for allowing the CitY to Use the SWimming pool at their lodge while the city's pool was under construction. Ralph Melville noted that the guests enjoyed watching children learn to swim. COUNCILMEMBER COMMENTS 2 Regular Meeting Aspen City Council September 23, 2002 1. Mayor Klanderud read a press release from Nida Tautvydis, director of the Wheeler Opera House, regarding the Eagle's performance at the Wheeler and the fact the city Was not in the decision making lo°p of having this concert broadcast into the mall. 2. Mayor Klandemd congratulated the Gentlemen of Aspen for winning their 7th a(mual Ruggerfest. 3. Councilman Hershey announced Lou Entz, state senator, will have a town meeting in city hall Saturday at 10 a.m. 4. Councilman Hershey stated whatever the outcome of the city election in November, he will abide by that outcome. 5. Steve Barwick, city manager, requested Council add the Iselin paving contract to the consent calendar. 6. Steve Barwick, city manager, reminded Council there is no meeting or work session Monday, September 30th. 7. Councilman Hershey said he has been attending RFTA meetings and there are some serious funding issues. Councilman Hershey said he would like to discuss this at the next EOTC meeting to see if there are some funds available for short term funding of RFTA. 8. Councilman Paulson reported that CORE is making great strides in use of solar power and photov01teic and hopes to get mor6 green power for this community. CONSENT CALENDAR Councilman Hershey moved to add resolution #90, Series of 2002, Iselin paving contract; seconded by Councilman McCabe. All in favor, motion carried. Mayor Klandemd asked if the lease for C eat~ve Decor runs parallel with that of Bentley's. Randy Ready, assistant city manager, said they will expire very close to one another. coUncil pulled Res°iUti°n #8~i ARC concesSiOn c0ntract.I Regular Meeting Aspen City Council September 23, 2002 Councilman Hershey moved to approve the consent calendar; seconded by Councilman Semrau. The consent calendar is: u Resolution #86, 2002 - Wheeler lease contract with Creative D~cor a Resolution #87, 2002 - Old Stage Road Phase I contract a Resolution #90, 2002 - Iselin Paving contract - Grand River Construction All in favor, motion carried. RESOLUTION #85, SERIES OF 2002 - ARC Concession Contract Councilman Semrau asked if this was competitively bid. Tim Anderson, recreation director, said it was and two bids were received. Councilman Semrau said this contract seems very cheap per square foot. Councilman Semrau asked what improvements the city will be required to make. Anderson said the grease trap, electrical improvements, ceilings, the city would be required to make anyway. The concessionaire will provide any equipment. Councilman Semrau asked if the city is doing the normal landlord improvements. Anderson said yes. Mayor Klanderud asked why this will only operate weekdays in September and October when there are lots of sports on the weekends. Anderson told Council this was an attempt to establish minimum hours of operation. Anderson said he is confident that when anything is going on, the contractor will be open. Councilman McCabe asked if there is a provision in the lease stating that if this vendor does not operate a cart, there could be another vendor operating a mobile cart. Anderson said a mobile cart was not something the city was looking for but was something the vendor was willing to do. Councilman McCabe said if he cannot operate a cart or chooses not to operate it, there should be an alternate vendor. Anderson said staff will contact the lessee and see what can be worked out. Councilman Paulson moved to approve Resolution #85, Series of 2002; seconded by Councilman McCabe. All in favor, motion carried. 4 Regular Meeting Aspen City Council September 23, 2002 FIRST READING OF ORDINANCES ca Ordinance #35, 2002 - Code Amendment - Construction Sites ca Ordinance #36; 2002 - Uhl Historic Landmark Lot Split - 320 West Hallam Councilman Hershey moved to read Ordinances #35 and 36, Series of 2002; seconded by Councilman Semrau. All in favor, motion carded. ORDINANCE NO. 35 (SERIES OF 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND SECTION 11.04 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN FIRE PREVENTION AND PROTECTION AND TO AMEND SECTION 24.16 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN - RESIDENTIAL PARKING PERMIT SYSTEM FOR THE PURPOSE OF IMPLEMENTING NEW REGULATIONS ENSURING THE SAFETY OF CONSTRUCTION SITES. ORDINANCE NO. 36 (Series of 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO GRANT APPROVAL FOR A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 320 W. HALLAM STREET, LOTS N, O, AND P, BLOCK 42, CITY AND TOWNSITE OF ASPEN Councilman McCabe moved to adopt Ordinances #35 and 36, Series of 2002, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers McCabe, yes; Semrau, yes; Hershey, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #88, SERIES OF 2002 - Annexation Maroon Creek Road Right-of-Way David Hoefer, assistant city attorney, told Council this property has at least 1/6th Contiguity with the city limits. Kathryn Koch, city clerk, reported that 5 Regular Meetin~ Aspen City Council September 23, 2002 the resolution had been published and notices mailed to interests parties, and that there areno 0~er annexations pending for this property. Julie Ann Woods, community development department, told Council a community of interest exists between the parties. There will be no detachment as a result of this annexation. Hoefer said the annexation of this property would not extend the boundary of the city more than 3 miles in any direction. Hoefer told Council that based on these findings, they may continue the annexation of this property. Mayor Klanderud opened the public hearing. Patti Clapper, County Commissioner, said the county used to own part of the apron accessing High School road and this should be included in the right- of-way annexation. Ms. Clapper said Maroon Creek froTM the roundabout to Moore road has just been resurfaced. The County has a punch list of items to be fixed. Staff has requested a letter from Pitkin County on the status of that overlay and the county will provide that. Ms. Clapper said the parking situation needs to be resolved with all parties, the school, the city and county, the Ski Club. There are safety concerns with the way parking is going on all over Maroon Creek. Mayor Klanderud said the city has made promises to the Maroon Creek caucus, and there will be no parking on Maroon Creek road. The city, s parking department will be consulted on recommendations for enforcement in this area. Toni Kronberg said something that will help alleviate the parking is the new pedestrian bridge from the schools to the pool. Ms. Kronberg said it is important to meet with the schools. Ms. Kronberg said one of the last pieces put together in the 1999 parks bonds was the stretch of road from the high school to the roundabout. Msl Kronberg reminded Council She had nOted that the shoulders on the road be wide enough for cyclists and cars. Ms. Clapper said she will bring this up with the county engineer. Mayor Klanderud closed the public hearing. Councilman Hershey moved to adopt Resolution #88, Series of 2002; seconded by Councilman Semrau. All in favor, motion carried. Councilman Paulson moved to continue Ordinance #21, Series of 2002, Code Amendment Timeshare Regulations, to October 15th; seconded by Councilman Hershey. All in favor, motion carded. 6 Regular Meetin~ Aspen City Council September 23, 2002 ORDINANCE #30, SERIES OF 2002 -~Marqusee RezOning James Lindt, community development department' said this request is to rezone a parcel known as "former outlot B of the Aspen Meadows subdivision" from Academic to R-15. Lindt noted this parcel is just south of the new Meadows road. The parcel contains 4400 square feet and did r~ot contain any development rights as part of the Meadows approval. The applicant received a lot line adjustment to merge this with the 2 lots to the south and approval to remove this lot from the Meadows SPA. Lindt said this rezoning is beneficial as it cleans up the zoning in the area. Currently this is an island of Academic zoning surrounded by R-15. The AACP map identifies this as a residential parcel. This rezoning will not create any additional development rights nor will this area count towards FAR. Joe Wells, representing the applicant, noted this is a housekeeping matter as the issue of zoning has been mooted by agreeing not to site any development on this portion of the property. Wells said the reason for completing this mzoning is that the code used to have an onerous provision regarding multiple zone district. Mayor Klandemd opened the public hearing. There were no comments. Mayor Klanderud ~10sed the public hearing~ ' Councilman Hershey moved to adopt Ordinance #30, Series of 2002, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers McCabe, yes; Paulson, yes; Semrau, yes; Hershey, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #89, SERIES OF 2002 - Burlingame parcel D COWOP Eligibility Joyce Ohlson, community development department, gave Council an amended resolution, noting this public hearing is to determine eligibility of Burlingame parcel D as the first step in the COWOP process~ Council must determine that this meets certain standards. One is if the city is either a parmer or applicant of the proposed development, and if there is a common good that can be achieved to meet public needs through the development. Ms. Ohlson said city staff has submitted the application. This property is about 3 acres and the development contemplated is 30 to 40 for sale 7 Regular Meetin~ Aspen Ci,ty Council September 23, 2002 affordable housing units, category 2 to 3. This will be determined when more financial information is available. Ms. Ohlson recommended Council find this application meets the eligibility standards of COWOP as this project has the potential to supply needed affordable housing. This property is owned by the city an'd is located within the community growth boundary and is adjacent to commercial and retail areas. Ms. Ohlson told Council the role of the COWOP task force will be to evaluate the site opportunities and constraints; finalize elements of the development program; prepare a site plan including layout access and parking; prepare conceptual architectural parameters indicating a typical design, which should help the task force and public how this area might be developed; and prepare a formal recommendation to CoUncil. Ms. Ohlson said she hopes to have a report to Council by November. iThe resolution outlines the representation on the task force. Ms. Ohlson told Council a consultant from Clarion AsSociates will assist staff and the task force. Ms. Ohlson noted the resolution has been amended to remove any reference to further steps in the process, especially relating to the developer. CounCilman Semrau noted the Burlingame Ranch COWOP did not prepare conceptual architectural parameters indicating typical design. Councilman Semrau asked why this has been included for parcel D and Wh° is suppoSed to make these designs. Ms. Ohlson said the consultants will do basic sketches showing the parameters of design, number of floors, type of roof, etc. Councilman McCabe said there were some general parameters done for Burlingame. Councilman Semrau noted these were not drawings. Steve Barwick, city manager, asked if this is meant to be an example of what could go on the property. Ms. Ohlson said in any public process, issues come up that become impediments to the process. The reason this is in here is that a preliminary evaluation and possible s°lufi°n heip ~t0 get past these impediments. Councilman Semrau Said he does not want a design by committee that will lock the city into a concePtual design not needed at this point because this will have to come back for final review. Ms. Ohlson said this can be put off until final; howeVer, it Will have to be clear to the public that those type of issues will be addressed later in the process. Councilman Semrau said design by committee will take a lot of time in the part of the Pr6~es§ and fi~t be neCeSsary. Ms. Ohlson said it' COunCil ~hooses to go this Regular Meeting Aspen City Council September 23, 2002 route, they need to be aware that there will not be a lot of details coming out of conceptual. Mayor Klanderud agreed this provision is limiting and may stifle creativity from designers. Mayor Klanderud asked why entitlement references were deleted. Barwick said staff needs to determine the steps of COWOP and when entitlement occurs and to what degree. Staff has not agreed on this and it will be brought back to Council. Councilman Paulson said one things that bothers him about the COWOP process is having 1 or 2 Council or P&Z members on the COWOP and not checking in frequently enough with the rest of the Board. Councilman Paulson said he would like more frequent presentations to Council so that the project does not get down a path that the rest of Council does not like. Councilman Semrau noted if one of these projects went through the normal process, Council would not see it until conceptual. This process should get more frequent Council feedback. Councilman Paulson requested a report from the Council representative at every meeting. Councilman Paulson said he wants to see a space at this project for a cost-sharing car. Councilman Semrau said he will take this suggestion to the COWOP. Councilman Hershey moved to adopt Resolution #89, Series of 2002, as amended deleting the reference to typical design; seconded by Councilman Semrau. All in favor, motion carried. 2002 IRRIGATION SEASON EXCESS WATER RATES AND REFUND Phil Overeynder, water department, reminded Council during this summer season, they instituted a disincentive for excess water use to try and cut down water usage. Staff proposed 3 tiers of use; regular rates, 50% surcharge and 100% surcharge depending on usage. Overeynder told Council as a result of this program, there was a 10% cut in water use and an increase of revenues from people who did not cut back on their water use. Overenyder noted one issue is whether to refund those people who did cut back on water usage. Overeynder said there is about $150,000 in excess revenue over two months; the last two months of the program will probably not result in that amount of revenue, perhaps a total of $200,000 for the 4 months. Overeynder recommended a refund at two different levels, 9 Regular Meeting Aspen Ci,ty Council September 23, 2002 depending on water usage. Overeynder recommended 2/3 of the revenue go to the customers who did the greatest water conservation. Overeynder suggested costs of $3,000 to $5,000 for monitoring stream comparison and $6500 to purchase the Salvation Ditch rights be taken out of the excess revenues before refunds are made. Overeynder said these savings will be between $90 for tier 1 and $60 for tier 2 customers. Overeynder noted the effective date of this disincentive program was jUne 24th and the meter reading program starts on the 15th of the month. Overeynder said some customers have argued that the first part of the first month of some water customers was collected before the effective date of the ordinance. Overeynder recommended a refund of a fixed amount depending on those customers who had their meters read before the effective date of the program. Overeynder recommended this program be terminated in October. CoUncil requested staff return with final numbers after this irrigation season ends. Mayor Klanderud said she likes the message of water conservation from this program. Mayor Klanderud asked why someone who has always used minimal water should get a refund. Overeynder said customers who constantly conserve water should be rewarded. Council agreed the costs of stream monitoring and Salvation Ditch should be taken out of the gross revenues. Councilman McCabe suggested continuing this program every year whether there is a droUght or not to encourage conservation and awareness of water usage. CoUncil agreed. CoUncil also agreed on the refund for the customers whose meters were read prior to the effective date of this ordinance. Councilman Hershey moved to adjourn at 6:40 p.m,; seconded by CoUncilman Semrau. All in favor, motion carried. Ka~wn S. Koch, City clerk 10