HomeMy WebLinkAboutminutes.council.20021111Regular Meeting AsPen City Council November 11, 2002
OUTSTANDING EMPLOYEE BONUS AWARDS ..................................... 2
CITIZEN PARTICIPATION. ...... ,.,. ii ............. ,.. i .............. .... i ....................... 2
COUNCILMEMBER COMMENTS ......................................... ....., ......... , ..... 3
CONSENT CALENDAR....i.i~....i"..."""."i"."i ............. i ..... ii....ii.ii.i ............. i13
~ Child Care Advisory Committee APpOintment - Keith Hunter.,.,..,4
rn Resolution #102, 2002 - Qwest Annexation ....................................... 4
[] Resolution #103, 2002 - Law Enforcement Assistance Fund ............. 4
[] Minutes - October 28, 2002 ......................................................... ....... 4
RESOLUTION #105, 2002 - Decorative Features Contract for ISelin -
Adventure Design .......... ii .......... i ........................................................... i ......... 4
FIRST READING OF ORDINANCES .......................................................... 4
[] Ordinance #39, 2002 - Supplemental APpropriatiOns ........................ 4
~ Ordinance #40, 2002 - Code Amendment - Multi-Family Housing
Replacement Program and Demolition ....................................................... 4
ORDINANCE #37, SERIES OF 2002 - Griffith Lot Split ............................. 6
RESOLUTION #104' SE~ES OF 2002 ~ Barii~chel Argentina, as new
Siste? City ........................................................................................................ 8
MALL LIGHTING IMPROVEMENTS ......................................................... 8
DETAILS OF REFUND pROGRAM FOR cUSTOMERS
CONTRIBUTING TO WATER CONSERVATION EFFORTS ................... 9
DISPOSITION OF TROLLEYS,,i ...... 22,.,~ ....,. ~i.i. ii'i ......i...........}..... 9
MAROON CREEK B~DGE ii.i.,.,,..~,.i ..... 2.1,2~,. .......... ........... .i ....... ...... I 1
Regular Meeting Aspen City Council November 11~ 2002
Mayor Klanderud called the meeting to order at 5:00 p.m. with
Councilmembers Semrau, McCabe and Hershey present.
OUTSTANDING EMPLOYEE BONUS AWARDS
City Manager Steve Barwick, Mayor and Council presented outstanding
employee bonus awards to Aspen Recreation Staff Team - Chad Denning,
Keith Bulicz, Jeremy Graham, MaryAnn Byars. Klm Vieira, Paul Kulik and
Marilyn Pfaff for bringing new recreation events to town; and Duane
Franklin, Golf, Willy McFarlin, Curt Gosnell and Matt Vaughan - Streets for
assisting the parks department with their vehicles.
CITIZEN PARTICIPATION
1. Andrew Kole suggested one city-owned trolley could be used as a
newspaper, candy kiosk at the Hyman and Galena mall. This would help the
vitality of the mall. Kole said the CCLC should be given 'the opportunity to
look into the feasibility of using the trolleys in this manner. Councilman
Hershey read a letter from David Fleisher into the record stating the trolleys
were recently voted on and they should be sold in accordance with the
voters' wishes.
Brace Berger said the sculpture and fountain at the intersection of the
Hyman avenue mall and Galena is the result of a city-sponsored contest and
was designed to be a sculpture piece and a fountain that reflects the
sculpture.
Mayor Klanderud suggested Council add the discussion of trolleys to the
agenda as an action item. Mayor Klanderud said moving the sculpture
would be a major alteration of the character of the mall. Councilman
Hershey agreed putting a trolley in that spot would block views into and out
of the mall Councilman McCabe noted Council gave the decision about the
fate of the trolleys to the voters. Council was petitioned by a citizens' group
to take the trolleys to a vote. The voters said no to the trolleys. Councilman
McCabe said he supports disposing of the trolleys. Kole said the city owns
some restored trolleys that are worth some money and they should be used.
2. Toni Kronberg noted the city just had a transportation election and
one of the goals should be to figure out transportation solutions. Ms.
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Regular Meeting Aspen City Council November 11~ 2002
Kronberg urged Council to work with the Ski Company to build a
transportation/gondola system between all the mountains.
3. Bert Myrin asked Council to pass a resolution stating the Council will
stand behind the S-curve alignment and behind the voters.
COUNCILMEMBER COMMENTS
1. Mayor Klanderud said citizens should remember and thank all the
veterans who have served in wars. Mayor Klanderud said the freedoms U.S.
citizens enjoy we owe to those who have protected these freedoms. Mavor
Klanderud said there was a well attended ceremony at the Viet Nam
memorial at the Courthouse.
2. Mayor Klanderud said she would like to add as an action item
direction to staff to draft a resolution requesting CDOT to move forward
with the Maroon Creek bridge.
3. Councilman McCabe congratulated the Aspen Community Theatre on
a fine production of My Fair Lady.
4. Councilman McCabe thanked the Elk's Club for their role in putting
on events associated with veterans, especially disabled veterans.
5. Councilman Semrau said the election is over and he hopes Council
will work together for the betterment of the community.
6. Councilman Hershey congratulated the election winners. Councilman
Hershey said this election was divisive and he, too, hopes the community
can work together toward solutions.
7. Councilman Semrau announced the final COWOP for Burlingame
Parcel D is Thursday November 14th.
CONSENT CALENDAR
Mayor Klanderud requested (c) ResOlution #105, Decorative Features
Contract for Iselin be pulled.
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Regular Meeting Aspen City Council November 11, 2002
Councilman Hershey moved to approve the consent calendar as amended;
seconded by Councilman McCabe. The consent calendar is:
u Child Care Advisory Committee Appointment - Keith Hunter
~ Resolution 4/102, 2002 - Qwest Annexation
c~ Resolution #103, 2002- Law Enforcement Assistance Fund
~ Minutes - October 28, 2002
All in favor, motion carried.
RESOLUTION//105, 2002 - Decorative Features Contract for Iselin -
Adventure Design
Toni Kronberg asked if this contract includes bleachers for swim meets. Ed
Sadler, asset manager, said this contract is for decorative features only.
Mayor Klandemd asked if there will be live plants. Sadler said there will
not be because of the air temperature, the attention plants require and the
fact there is not a lot of surface space available. Mayor Klanderud asked
about the mural. Sadler said the artist will design it. Ms. l~(ronberg noted
the swim meets will have no amenities. Tim Anderson, recreation director,
said they do have tip and roll bleachers, which can be set np for swim meets.
Councilman Hershey moved to approve Resolution # 105, Series of 2002;
seconded by Councilman Semrau. All in favor, motion carried.
FIRST READING OF ORDINANCES
a Ordinance #39, 2002 - Supplemental Appropriations
a Ordinance #40, 2002 - Code Amendment - Multi-Family Housing
Replacement Program and Demolition
Councilman Hershey moved to read Ordinances #39 and 40, Series of 2002;
seconded by Councilman McCabe. All in favor, motion carried.
ORDINANCE NO. 39
~ (Series of 2002)
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Regular Meeting Aspen City Council November 11, 2002
AN ORDINANCE APPROPRIATING AN INCREASE IN GENERAL
FUND E~ENDITURES OF$958,862; AN INCREASE IN ASSET
MANAGEMENT PLAN-GENERAL FUND EXPENDITURES OF
$985,816; A DECREASE IN THE PARKS FUND OF ($502,578); AN
INCREASE IN THE PARKS OPEN SPACE ACQUISITION FUND OF
$791,147; AN INCREASE IN THE WHEELER OPERA HOUSE FUND
OF $238,332~ AN INCREASE IN THE ACRA/REG!ONAL
TRANSPORTATION FUND OF $297,366; AN INCREASE IN THE
PARKING IMPROVEMENT (GARAGE) FUND OF $119,146; AN
INCREASE IN THE AFFORDABLE HOUSING / DAY CARE FUND OF
$4,347,119; AN INCREASE IN THE WATER FUND OF $1,887,472; A
DECREASE IN THE ELECTRIC FUND OF ($418,635); A DECREASE IN
THE RUEDI FUND OF ($161,175); AN INCREASE IN THE
TRANSPORTATION FUND OF $254,600, AN INCREASE IN THE
GOLF FUND OF $2,222,427; AN INCREASE IN THE TRUSCOTT
FUND OF $4,163, A DECREASE IN THE MAROLT FUND OF ($39,786),
APPROPRIATIONS AUTHORITY OF $13,751,105 IN THE PARKS
CAPITAL PROJECTS FUND FOR THE ASPEN RECREATION
CENTER, WAGNER PARK AND CEMETERY LANE PHASE I,
APPROPRIATIONS AUTHORITY OF $20,998,037 FOR THE
TRUSCOTT HOUSING CAPITAL PROJECTS FUND, '
APPROPRIATIONS AUTHORITY OF $4,464,780 FOR THE DEBT
SERVICE FUNDS, AND APPROPRIATIONS AUTHORITY OF
$2,000,000 FOR THE CITY OF ASPEN EMPLOYER HEALTH
INSURANCE INTERNAL SERVICE FUND.
ORDINANCE #40
Series of 2002
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, TO AMEND SECTION 26.104.100,
DEFINITIONS, AND SECTION 26.530, RESIDENT MULTI-FAMILY
REPLACEMENT PROGRAM OF THE MUNICIPAL CODE OF THE
CITY OF ASPEN FOR THE PURPOSE OF IMPLEMENTING NEW
REGULATIONS REGARDING THE DEMOLI~TION OF MULTI-
FAMILY RESIDENTIAL BUILDING IN THE CITY OF ASPEN
were read by the city clerk
CoUncilman Hershey moVed to adopt OrdinanCes #39 and #40, Series of
2002, on first reading; seconded by CoUncilman Semrau. Roll call vote;
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Regular Meeting Aspen Cit~ Council November 11, 2002
Councilmembers Hershey, yes; McCabe, yes; Semrau, yes; Mayor
Klanderud, yes. Motion carded.
ORDINANCE #37, SERIES OF 2002 - Griffith Lot Split
James Lindt, community development department, told Council this parcel is
located at 700 Gibson, south of Hunter Creek condominiums. The parcel is
40,000 square feet and is zoned R-6. The applicant is proposing to split this
into two parcels; one of 13,700 square feet with 1 single-family dwelling and
one lot of 26,360 square feet with 2 detached residential dwellings. Lindt
said this proposal meets the dimensional requirements of the R-6 zone
district. Lindt noted the applicant is proposing to use a TDR from the
Smuggler Mobile Home Park, and TDRs are exempt from growth
management competition. Lindt said for lot 2, the applicants propose to
build an accessory dwelling unit or to pay cash-in-lieu.
Lindt pointed out staff has received letters from neighbors regarding the
setback from Lone Pine and that the R~6 zone district requirement of 10 foot
setback is not restrictive enough. The neighbors note a structure close to the
street would change the character of the neighborhood. Lindt told Council
staff does not feel it is within their authority to impose a condition like this.
The lot split criteria are specific and do not address the character of the
neighborhood. Lindt said the applicant has requested the phrase "as
amended from time to time" be deleted from condition #3(b). Staff agrees
with this. Staff recommends approval of this ordinance.
Alan Richman, representing the applicant, said they are comfortable with the
staff recommendations and conditions. Richman told Council the project
was designed to comply with the city's regulations and not to request any
variances. Camilla Auger, applicant, told Council they have repaired a bad
water leak on the front of the lot. The applicants abandoned a water line in
the street at the request of the city water department. Ms. Auger noted the
weeds on the property were a big issue and these were removed with the
help of the city parks department. Holy Cross has been working on
undergrounding utilities in this area. Ms. Auger told Council the applicants
undergrounded the utilities on their property and contributed 50% more than
adjacent neighbors to get the lines in the area undergrounded.
Ms. Auger said they decided to access the lot on Gibson from behind to
eliminate the driveway on Gibson. There will be one driveway for the two
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Regular Meeting Aspen City Council November 11, 2002
structures on the lot on the back in order to minimize street cuts. Ms. Auger
said they Will give the citY a Water main easemen~ between the two lOtS.
Richman said the only issue is the comments from the neighbors. Richman
said the subject property is not zoned the same as the surrounding properties.
Hunter Creek condominiums is zoned RMF. The properties across Gibson
are zoned R-30. This property is zoned R-6 and the applicants have come in
with a project that fits within the requirements of that zone. Richman
pointed out the applicants chose not to come in with a PUD request. The
Mocklin property to the west was a PUD. They proposed variations to the
underlying zoning and had building envelopes imposed on their approval.
Richman said since the Mock!in property was developed, the city has
adopted residential design standards and these do not support greater
setbacks. The residential design standards set a "build to" line. Richman
showed how the building will be oriented on the property closest to Gibson.
The front yard will be on Lone Pine. There is a 10 foot setback off the front
and a build to line, which requires one to build within 5 feet of that
minimum setback. The code requires structures to have a relationship with
the street. Richman pointed out there will be a sidewalk required, which Will
give an additional perceived distance froTM the street.
Mayor Klanderud opened the public hearing.
Jeff Lister and Lisa Thurston, representing Hunter Creek, said they would
like Council to consider requiring the buildings be 30 feet from the road.
Lister said they are trying to address the street setback. Lister told Council
they are not opposed to the project, they would just like greater distance to
the structure.
Mayor Klanderud closed the public hearing.
Lindt reiterated the city does not have the authority to require a building
envelope on this parcel because lot split criteria are fairly specific. John
Worcester, city attorney, told CounCil this is the last TDR and every time
one is presented to be cashed in, he does research to make sure it is valid.
Worcester reminded Council when the city altered the approvals for the
Smuggler Mobile Home Park, 18 or 19 transferable develOpment rights were
established. About 12 were used at Pitkin Reserve.
Councilman McCabe moved to adopt Ordinance #37, Series of 2002, on
second reading; seconded by Councilman Hershey.
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Regular Meetin~ Aspen City Council November 11~ 2002
Councilman Semrau acknowledge the neighbors' concern about having a
greater setback. Councilman Semrau said while this is a valid concem, the
mty cannot require a greater setback. Council agreed.
Roll call vote; Councilmembers McCabe, yes; Semrau, yes; Hershey, yes;
Mayor Klanderud, yes. Motion carried.
RESOLUTION #104~ SERIES OF 2002 - Bariloche, Argentina, as new
Sister City
Don Sheeley, Sister Cities Committee, told Council Aspen has 5 sister cities
and has had a trial relationship with Bariloche, Argentina, for 2 years.
Sheeley said the purpose of sister cities is to promote peace and
understanding and have student exchanges. Sheeley noted there is a large
Hispanic population in the valley. Aspen has sent medical supplies to
Bariloche and has had a ski exchange. Councilman Hershey asked if this
would diminish the other sister city relationships. Sheeley said this is the
only city proposed in Latin America and the Sister City Committee feels this
is a great fit.
Councilman Hershey moved to adopt Resolution #104, Series of 2002;
seconded by Councilman Semrau. All in favor, motion carried.
MALL LIGHTING IMPROVEMENTS
Jeff Woods, parks director, told Council staff has been working with CCLC
and DIG on short term and long term improvements for the downtown to try
and improve the visitor experience. Woods told Council, one
recommendation was to trim the trees to get a better visual access to the
mall. This has been done and ~s very successful. Staff had Rising Sun look
at the lighting on the mall, and they came up with some ~mmediate solutions.
Woods said there could be landscape lighting in place in the mall before the
holidays. Some of this will be uplighting and downlighting in the trees.
Woods said there was a demonstration of this type of lighting in October.
Members of CCLC and DIG attended and had favorable comments on this
program. Woods noted this will use less wattage than Christmas lights ~n
every tree. Woods said another suggestion is to put fiber optic lights in the
mall streams so they can be seen at night. Woods said this will be done in
the spring. Woods suggested the second phase, the glass globes for the
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Regular MeetinR Aspen City Council November 11, 2002
historic lights, have to be ordered and they will be installed before the
summer. Woods said this wil! bring the mall back to what it historically
looked like. Woods said if Council is in favor of this project, parks
department can use their savings for the project this summer.
Sarah Oates, zoning enforcement officer said an exemption for uplighting
can be granted by the community development director. Mayor Klanderud
suggested this exemption be granted because this is in the commercial center
of town, not in a residential district. Woods said he would like Council to be
aware of this project going forward. The first phase will cost $15,000 and
will be funded from parks savings. Council agreed with this lighting plan.
DETAILS OF REFUND PROGRAM FOR CUSTOMERS
CONTRIBUTING TO WATER CONSERVATION EFFORTS
Phil Overeynder, water department, said this program is to recognize people
who participated in the water savings program. Staffwas directed to come
back to Council with details of the programs. The refunds will be paid for
out of excess revenues in the water fund, most of which came from higher
rates from customers who did not conserve water. Overeynder presented the
criteria for refunds. Overeynder said the System will not allow refunds on
water bills but customers will have to apply for a refund. Overeynder said
the information will go out in the water billing, it will be available at city
hall and on the web. There will be news releases about this rebate.
DISPOSITION OF TROLLEYS
Mayor Klanderud noted Council agreed to put this on the ballot and if the
question failed, Council said they would instruct the staff to dispose of the
trolleys. Mayor Klanderud said Council should reaffirm this discussion
since the election is over.
Toni Kronberg said these trolleys should be disposed back to the city to be
used in various locations, like Iselin park, Rotary Park, Moore playing fields,
skateboard park, as concession stands or warming huts and that the city pay
for the renovation of the trolleys.
Kip Wheeler offered to purchase the trolleys. The trolleys are a value to
Aspen and giving them away does not make any sense. Wheeler proposed
to restore them so they can be used as trolleys somewhere. Councilman
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Regular Meetin~ Aspen City Council N0vember 11, 2002
Semrau asked if Wheeler's greatest desire is to see the trolleys used in an
operating system~ Wheeler said his greatest desire is to pUrchase the trolleys.
Councilman Hershey said the city had an election and now it is time to move
on. Councilman Hershey said the city has requests from several towns to
take the trolleys and to put them into an operating system.
Ed Sadler, asset manager, said one of the priorities for giving away the
trolleys would be to give them to locations that have an operating system.
The restored trolley will cost $2,000 so that the Aspen Railway ComPany
can be repaid. Wheeler said the trolleys were restored with city money.
Wheeler said this was a grant to the city. Wheeler offered $2500 for the
restored trolley. Mayor Klanderud said if there are 6 communities that will
take these trolleys and use them, she will support that.
Councilman Hershey moved to authorize staff to dispose of all 6 trolleys
under the guidelines of priorities these be used as trolleys, they be used for
the purpose for which they were built and intended; seconded by
Councilman McCabe.
Councilman Semrau asked if Council is interested in keeping one trolley; it
may be of use somewhere as a kiosk. Sadler suggested if the city is
interested in keeping one trolley, they keep the trolley without an under
carriage as it would work better. Councilman McCabe said Council gave
away their right to decision on the trolleys when they put this to a vote of the
electorate. Councilman McCabe said Council is criticized for not listening
to the citizens and the citizens have spoken on this issue. Mayor Klanderud
agreed it is time for COuncil to take action so that these trolleys are not
allowed to waste any further. It is better that municipalities pay to remove
the trolleys and to put them to use. Mayor Klanderud said Wheeler may bid
on the trolleys. Councilman Hershey noted the motion states the trolleys be
used in an operating system.
Wheeler said the city is giving away an asset of value. Wheeler pointed out
Article XI, Section 2 of the state constitution says cities are not allowed to
give assets away, they cannot make gifts to other communities. Councilman
Semrau said he would prefer to see these trolleys be used in trolley systems.
All in favor, motion carried.
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Regular Meetin~ Aspen City Council November 11~ 2002
MAROON CREEK BRIDGE
Mayor Klanderud asked if there is agreement to direct staff to draft a
resolution that Council supports CDOT separating the Maroon Creek bridge
from the Marolt section of the entrance to Aspen and to encourage them to
proceed with bui!ding that bridge. Councilman McCabe suggested talking to
the EOTC to see if there are monies the community can put toward anew
bridge. Councilman Hershey said he wants a chance to study that, to talk to
the county and town of Snowmass Village. Council agreed to wait until
their strategic planning meeting in early December.
Councilman Hershey moved to adjourn at 6:55 p.m.; seconded by
Councilman McCabe. All in favor, motion carried.
Kath~ S. Kbch, City Clerk
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