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HomeMy WebLinkAboutminutes.council.20030113Regular Meeting Aspen City Council January 13~ 2003 ANNUAL MEETING ASPEN PUBLIC FACILITIES ....................................... 2 COUNCIL MEETING .............................................................................................. 2 CITIZEN COMMENTS ............................................................................................. 2 BOARD COMMENTDATION - A. Ronald Erickson - Planning and Zoning ............................................................................................................................... 2 COUNCILMEMBER COMMENTS ........................................................................ 3 CONSENT CALENDAR ............................................................................................ 4 · Resolution #1,2003 - Posting Notices of Public Meetings .................................... 4 · ARC Sound System Installation Contract Amendment .......................................... 4 · Housing Board Appointments ........................................................................... 4 · Minutes - December 9. 16, 2002 ............................................................................ 4 FIRST READING OF ORDINANCES ................................................................... 5 · Ordinance #1, 2003 - Adopting Uniform Fire Code .............................................. 5 · Ordinance #2, 2003 - Code Amendment - Ski Services Theft .............................. 5 · Ordinance #3, 2003 - Maroon Creek Road Am~exation ......................................... 5 Councilman McCabe moved to read Ordinances #1,2,3, Series of 2003; seconded by Councilman Hershey. All in favor, motion carried ........................................................ 5 RESOLUTION #3, SERIES OF 2003 - Qwest Annexation .............................. 6 ORDINANCE #46, SERIES OF 2003 -Wheeler Opera House Endowment fund ................................................................................................................................. 6 ORDINANCE #47, SERIES OF 2002 - Fees for 2003 ..................................... 7 ORDINANCE #48, SERIES OF 2002 Code Amendment Housing Replacement Regulation ............................................................................................. 11 ORDINANCE #49, SERIES OF 2002 - Housing Guidelines ......................... 12 CONSTRUCTION SITE SAFETY ORDINANCE FOLLOW UP ............. 13 2003 GRANT REQUEST - Aspen Gay and Lesbian Community Fund ...... 13 Regular Meeting Aspen City council Januar~ 13, 2003 ANNUAL MEETING ASPEN P~LIC FACILITIES Helen Klandernd called to order the annual meeting of Aspen Public Facilities Authority at 5:00 p.m. with members Terry paulson, Tom McCabe, Tony Hershey, Paul Menter and Kathryn Koch present. McCabe moved to approve the minutes of January 14, 2002; seconded by Hershey. All in favor, motion carried. There was no other new business for the Public Facilities Authority to consider. McCabe moved to adjourn at 5:03 p.m.; seconded by Hershey. All in favor, motion carried. COUNCIL MEETING Mayor Klanderud called the Council meeting to order at 5:04 p.m. with Councilmembers McCabe, Paulson and Hershey present. CITIZEN COMMENTS 1. Emzy VeazY IH suggested Council investigate an economic sister cities relationship with Beverly Hills. Veazy said the Council should institute flag etiquette in the City of Aspen, as there are too many flag code violations. The community needs to respect the flag. BOARD COMMENTDATION - Al Ronald Erickson - Planning and Zoning Mayor Klanderud and Council presented Ron Erickson commendation for his dedication and distinguished service as a member of the Planning & Zoning Commission from 1998 to 2002. Mayor Klanderud noted Erickson's participation and hard work on behalf of the City of Aspen has made a valuable contribution to the Aspen community. Regular Meeting Aspen City Council January 13~ 2003 COUNCILMEMBER COMMENTS 1. Mayor Klandemd noted Aspen seemed very festive and busy during the holiday season. Mayor Klandemd said it is a pleasure to work with the Council and the members represent a broad spectrum of the community. Mayor Klandemd said Council has gotten a lot done and has a lot on the agenda for 2003. Mayor Klanderud noted the city is opening a new recreation facility in 2003. Mayor Klanderud inVited everyone in the community to particiPate in SPARC's final ~d drive fOr the ice facility. 2. Councilman Hershey said there is a Chinese restaurant operating at night in the Main Street Bakery and it is excellent. 3. Councilman Panlson said he would like Council to correct a transgression from last year with the trolleys. Councilman Paulson noted the city accepted money from a donor who was assured thc trolleys would be used in town. Councilman Paulson said when people are generous, their gifts should not be treated this way. John Worcester, city attorney, went over the sequence of events, that thc trolley was only to be in town until the election was over. Councilman Panlson said this donation should be refunded WorCester said he Would like that request to come from the donor to him before Council disCUsses this issue. 4. Councilman McCabe said he is proud of the community working together to complete the Aspen Recreation Facility. 5. City Manager Steve Barwick requested an executive session at the end of the meeting to discuss property acquisition. 6. Mayor Klandemd announced the Council, County Commissioners and School board will meet tomorrow at the high school. This is a good example of the community coming together and trying to solve problems. 7. Councilman McCabe announced Club 20's voting representative from Pitkin county, Rachel RichardS, is stepping down. Councilman McCabe said the Club 20 alternates are he and Jeannette ConSor. CoUncilman McCabc said if anyone is interested in representing Pitkin County on Club 20 to let him know. Club 20 is a Western Colorado lobbying group and their next meeting is January 28 in AsPefil 3 Regular Meeting Aspen City Council, January 13, 2003 8. Mayor Klanderud reported she attended the ACRA marketing c0~t~ee. There will be a way to track reservations coming in through the website. The summer promotional campaign was given the okay. The city is requested to have a representative attend the Health and Human Services monthly meetings. Mayor Klanderud indicated she is interested in attending and will share the agenda with the rest of Council. 9. Mayor Klanderud said there are exchange students here from Shimakappu. There is a farewell dinner this week at Boogie's. CONSENT CALENDAR John Worcester, city attorney, requested Resolution #2, Series of 2003, be pulled from the consent calendar. Councilman Hershey moved to approve the consent calendar as amended; seconded by Councilman McCabe. The consent calendar is: Resolution #1, 2003 - Posting Notices of Public Meetings ARC Sound System Installation Contract Amendment · Housing Board Appointments Sheri Sanzone - 4-year term Steve Elliott - Joint Regular Daniel Lauer - Joint Alternate · Minutes - December 9, 16, 2002 All in favor, motion carried. Councilman Hershey moved to table Resolution #2, 2003 - Dale Avenue Right-of-Way Improvement Agreement; seconded by Councilman McCabe. All in favor, motion carried. Regular Meeting Aspen City Coun,~il January. 13, 2003 FIRST READING OF O~INANCES · Ordinance #I, 2003 - Adopting Uniform Fire Code · Ordinance #2, 2003 - Code Amendment - Ski Services Theft · Ordinance #3, 2003 - Maroon Creek Road Annexation Councilman McCabe moved to read Ordinances #1,2,3, Series of 2003; seconded by Councilman Hershey. All in favor, motion carded. ORDINANCE NO. 1 (Series of 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING 11.04.030 OF THE ASPEN MUNICIPAL CODE, ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1997 EDITION, AMENDING CERTAIN SECTIONS OF SAID CODE, AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH. ORDINANCE NO. 2 SERIES OF 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, PROHIBITING AND ESTABLISIIiNG THE PRIMA FACIE ELEMENTS OF THEFT OF SERVICES, THEFT BY RESALE OF A LIFT TICKET, COUPON, OR VOUCHER, DECEPTIVE USE OF SKI OR RECREATIONAL FACILITIES, USE OF A FALSE SKI OR RECREATIONAL Tic~T~ AND MX~NG A FALSE SKI OR RECREATIONAL TICKET ORDINANCE NO. 3 (Series of 2003) Regular Meeting Aspen Ci.ty Council January 13, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY ©F ASPEN, CoLoRADo, APPRO~G THE A~EXATi0N OF CERTAIN TERRITORY TOTHE CiTY OF ASPEN, C~EORAD:0, T0 ~E ~0WN AND DESIGNATED AS THE "MAROON C~EK ROAD RIGHT-OF- WAY" ANNE~TION Councilman Paulson moved to adopt Ordinances #1, 2 and 3, Series of 2003, on first reading; seconded by Councilman McCabe. Roll call vote: Councilmembers Hershey, yes; McCabe, yes; Paulson, yes; Mayor Klanderud yes. Motion carried. RESOLUTION #3, SERIES OF 2003 - Qwest Annexation John Worcester, city attorney, explained this is one step in the annexation process and is a public hearing to determine compliance with state statutes. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. City Clerk Kathryn Koch reported the annexation resolution was published and letters sent t° ~he county and school. Worcester stated there is 1/6th ~ontiguity and a community of interest exists between the area proposed to be annexed and the city. 100% of the property owner (the city) has consented to this annexation; it will not extend the city limits by more than 3 miles. This annexation is consistent with the annexation element of the Aspen Area Community Plan. Councilman Hershey moved to adopt Resolution #3, Series of 2003; seconded by Councilman Paulson. Roll call vote: Paulson, yes; McCabe, yes; Hershey, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #46, SERIES OF 2003 ~wheeler Opera House EndOwment fund Nida Tautvydas, director of the Wheeler, requested approval of an endowment fund in order to have a stable funding source for the Wheeler, capital improvements and operating needs, as well as funding for the arts. Ms. Tautvydas noted the RETT expires in 2019 and the establishment of this fund Will insure the funding source. Ms. Tautvydas told Council she does not anticipate active fund raising for this endowment. The revenues will 6 Regular Meeting Aspen Ci,ty Council January 13, 2003 come from savings at the Wheeler. City Manager Steve Barwick noted 23.48.061 (b) should be changed to add in the parenthesis "and necessary inCreases to the Wheeler fund operating reserve". Barwick said when there are higher expenditures or revenue shortfalls, the Wheeler may have to draw on their operating revenues and then to make that up in future years. This clause would allow those increases. Mayor Klanderud asked if this ordinance would still allow one-time funding to arts organizations as was done in 2002] Ms. Tautvydas said that would be allowable. The RETT restricts the arts grants to $100,000; the funding for arts groups has been higher and the difference comes from Wheeler earned revenues. Ms. Tautvydas said part of the projected need for this $40 million endowment is to continue to fund arts groups. Mayor Klanderud opened the public hearing. Brian O'Neil, Wheeler Board, told Council the Board is in support of this endowment~ Georgia Hanson, Wheeler Board, said the Board started discussing an endowment 10 years ago and this is a great step. Larry Fredrick, Wheeler Board, said this will Create a legacy for future generations and is quite a unique approach. Mayor Klanderud closed the public heating. Councilman McCabe moved to adopt Ordinance #46, Series of 2002, on second reading, amending it to include in (b) "and necessary increases to the Wheeler fund operating reserves"; seconded by Councilman Paulson. Roll call vote: Hershey, yes; Paulson, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. JOhn Worcester, city attorney, noted there should be an inclusion in Section 2.12.060, parking fees, that neighborhOod electric vehicles are free in the residential parking program. City Clerk Kathryn Koch requested 2.12.080 be amended to include fee for installation of flags on Main Street at $15/flag and installation of banners on Main Street at $15/banner. Worcester pointed out there is supplemental information on the increase in building, recreation and Wheeler Opera House fees. 7 Regular Meeting Aspen City Council January 13, 2003 Mayor Klandemd opened the public hearing. Steve Saunders objected to the contractor's licenses going up 25% and not staying within the recommended 3% increase guideline. The economy is distressed. Stephan Kanipe, building department, told Council the contractor's licenses have not been increased in 6 years. Kanipe said this fee is the same as that approved by the County. Kanipe said the building fees went up an average of 5%, which is less than 3% per year for 3 years. Councilman Hershey asked if the golf increases are reflective of increased operational costs. Steve Aitken, director of golf, said they are. Aitken pointed out that staffpresented two options for golf fee increases for 2003. The first option is a 3% increase for golf passes and 6.2% increase for 18 hole green fees. Option 2 would create a tier system; the 20-punch pass and season pass for 81611 residents goes up 3%; valley residents outside 81611 would be $850 and the 20-punch would be $400 and the greens fees would go up 6.2%. Councilman Hershey suggested a three-tiered approach, Aspen residents, valley residents, and out of the area residents. Tim Anderson, recreation director, noted the passes state for people who "live or work" in Pitkin County. Frank Spofford said he likes the tiered system and would like it extended to a non-resident pass as suggested by Councilman Hershey. Persons who only play golf 8 or 10 times could pay a daily, off-season rate on a stand-by basis. Spofford said the golf course needs to generate revenue and to fill all the slots. Dion Milman, Aspen Divers, told Council they used the old pool to teach SCUBA and paid $50/hour for the pool. The fee in this ordinance is $100/hour when the pool is open. Ms. Milman said anyone who may want to use the pool to teach will not be able to afford this rate. Anderson said $100/hour rate is for-profit and $75/hour is non-profit. Anderson told Council the costs to operate the pool are $102/hour. The new pool will cost more to operate than the old pool. Councilman Hershey said teaching groups will probably not use the entire facility and other activities could go on in the facility. Ms. Milman said she understands the needs to pay for the facility; however, this type of class benefits the community. Anderson agreed classes like this would introduce people to the facility and would get return visits. Anderson suggested $75/hour for profit and $65/hour for non- profit. 8 Regular Meeting Aspen City Council January 13, 2003 .,pat Faliin, AsPen/sn0Wmass Council for the Arts, questioned raising the non-profit rental rate for use of the Wheeler. Ms. Fallin said the non-profit rate is much less than that for the profit. Funding for the arts groups comes from the Wheeler revenues and from the RETT. RaiSing the rental rates to generate more income to give to the arts seems like giving with one hand and taking away with the other. Ms. Fallin said raising the rates to non- profit organizations is like a cut in funding. Ms. Fallin said most of the non- profit organizations were not aware of this proposed increase and would like to have been able to discuss this with the Wheeleri Ms. Fallin requested tabling of the Wheeler fees so that there can be discussions with the users of the Wheeler. Ms. Fallin read a statement into the record from Jim Baker, Anderson Arts Ranch. MSl Fallin said the wheeler should be maintained as a true community facility. Alan Osbum, Aspen Theatre in the Park, said they have just heard about these tee increases and would like more time to study the proposal. Kara Klein, Aspen Filmfest, said they, too, just learned of these increases. Filmfest uses the wheeler frequently and any rate increase in this economic climate is painful. Ms. Klein said they would like a chance to have a work session with other groups and with the Wheeler to come up a solution beneficial to everyone. Nida Tautvydas, wheeler director, told Council stafflooked at where the costs come in and where and how to minimize the increases. Ms. Tautvydas said the last fee increases were in 1997. In 1998 the Wheeler met with non- profit groups and heard there were many little fees for using the Wheeler. The proposal at that time resulted in a net fee decrease. Ms. Tautvydas noted every non,profit group uses the Wheeler in a different way. This proposal is a 3% increase average for all the fees. Ms. Tautvydas listed where there are no increases in fees or where there are increased services, which can lead to a reduction in costs. Box office fees and credit card fees will not change, there is no increase in labor. Ms. Tautvydas noted in labor for the non-profits there is a 50 to 100% subsidy. Ms. Tautvydas told Council in 2003 the Wheeler was funded to purchase new video equipment that user groups will not have to rent, which could decrease some expenses. Ms. Tautvydas said the Wheeler has now included marketing and advertising support to help get the word out about performances. Ms. Tautvydas said every contract discussion with users, the Regular Meeting , Aspen City Council January 13~ 2003 proposed fee increases haVe been mentioned. Ms. Tautvydas said the Wheeler's rate structure favors the local non-profit organizations. Ms. Klein said they would like to see an outline of fees going up, those not going up and increased Services so they can review this in context with their budget. Larry Fredrick, Wheeler Board, reminded COuncil Wheeler fees have not been raised in over 5 years. Fredrick said the Board is following Council's mandate to cover costs. Councilman Paulson said he is concerned about the communication breakdown and that not everyone was informed of what is going on. Mayor Klanderud agreed some time should be given to the non-profits to review the proposed fee increases. Councilman McCabe agreed the non-profit organizations should have been invited to participate in the fee increase review. Councilman McCabe noted the city has done much work to improve and to keep the Wheeler in good ShaPe. Councilman McCabe suggested the Wheeler fee increases be put offwhile non-profit organizations can l°ok into these. Mayor Klanderud closed the public hearing. Mayor Klanderud said she is concerned with golf and ARC fees and with residents and non-residents. Anderson proposed the golf fees be raised 3% and the operations remain the same and after this summer's operations come back with numbers of rounds, who is playing and map out a 5-year program for the golf course. The passes will be $720 or $360 for people who live and work in Pitkin County; the greens rates will be $85. Barwick said he likes the idea ora Iow fee for people who only play one or two rounds per year. Council agree to a non-resident pass at $1500 and a lower daily rate of $50 for locals. Anderson suggested the lower rates for single pool rental of $75/profit and $65/non-profit; Council agreed to that amendment. The ordinance will be amended to add there are no parking fees for electric vehicles. The banner and flag fees at $15/pole is added and Section 7, the Wheeler Opera House fees will be deleted. Councilman Hershey moved to adopt Ordinance #47, Series of 2002, as amended above; seconded by Councilman McCabe. Roll call vote: Paulson, yes; McCabe, yes; Hershey, yes; Mayor Klanderud; yes. MotiOn carried. 10 Regular Meeting , Aspen City Council January 13, 2003 ORDINANCE #48~ SERIES OF 2002 - Code Amendment Housing Replacement Regulation Scott Woodford, community development department, told Council this code amendment proposes to amend the residential multi-family zone district to add a payment-in-lieu option for affordable housing. Woodford noted the RMF district is the only one that does not have this option. Woodford said this is part of a larger request from Four Peaks, Aspen Mountain Subdivision. They would like to replace the 4-unit affordable housing structure with payment-in-lieu. If Council approves this code amendment, Four Peaks will come back with a formal request for payment- in-lieu. P&Z recommended denial of this application. Four Peaks feels payment-in-lieu would be better as the approve 4-unit affordable housing is not the best for the site. The applicants requested one-bedroom units and the approval was for 3 and 4 bedroom units. Woodford told Council staff does not support this code amendment as it does not meet the goals of the AACP. The intent of the multi-family replacement program was to have the demolished units replaced on site and not on another site. Multi-family replacement meets the goal of dispersing housing around the community and promoting a more integrated community, and reduction of air pollution. Woodford noted if there is a payment-in-lieu, it falls to government to find land and build replacement units. Sunny Vann, representing Four Peaks, told Council the multi-family housing replacement program was adopted in 1988 and has only been used 3 times since then. Vann said the ability to tear down old housing, meet the mandatory requirement on-site and have any land left over for development does not work. Vann reminded Council as part of the agreement with Savanah regarding affordable housing, they were providing the Bavarian Inn as well as 4 on-site deed restricted housing units on lot 3 to mitigate demolition of multi-family units throughout the Aspen Mountain PUD. Vann told Council Four Peaks has started construction on lot 3 of the Aspen Mountain PUD. The four-unit structure is 3 three-bedroom and 1 four- bedroom category 2 units. Vann said the housing office has requested a different configuration. The applicants cannot build 12 one-bedroom units on the site. Four Peaks submitted a code amendment to allow them to substitute these housing units with cash-in-lieu. 11 Regular Meeting Aspen City Council , January. 13, 2003 Vann said this cash-in-lieu would generate $2.4 million for housing. Vann said the apPlicants als° offer to pay cash-in-lieu for a previously approved ADU. This would make the cash-in-lieu total $3 million. Vann said this code amendment provides an additional option to the city in the RMF zone at the sole discretion of the Council. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Hershey said the difficulty is finding the land, getting approvals for housing and implementing those plans. Councilman Hershey said the purpose behind the housing replacement was to create housing for the city, and the city does not automatically get housing with cash-in-lieu, Mayor Klandemd agreed the goal of the original code amendment was to keep housing in the community, to help the vitality and diversity of the community. Mayor Klandemd said one appealing aspect of the Top of Mill project was that there was going to be affordable housing at the site. It is important to keep something the community considers essential when doing a development. Councilman McCabe said he feels cash-in-lieu would garner more housing on some other site; however, there is a long time between getting the cash and producing the housing. Councilman Hershey moved to adopt Ordinance #48, Series of 2002, on second reading; seconded by Councilman McCabe. Roll call vote: McCabe, no; Hershey, no; Paulson, no; Mayor Klanderud, no. Motion NOT carried. ORDINANCE #49, SEmESOF 2002~ Hou~ihg'~id~iifi~S Cindy Christensen, housing office, told Council they reviewed these guidelines at a work session in December. Categories 5, 6, and 7 have been added. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the pUblic hearing. Mayor Klanderud asked about the priority of one-bedrooms being available to couples as well as singles. Ms. Christensen said that would have to be added to the work plan to change priorities. Currently a single person competes with a couple for top priority for a one-bedroom. Ms. Christensen said the houSing board has discussed allowing a single person to have top 12 Regular Meeting Aspen Ci~. Council January 13, 2003 priority for a studio. Mayor Klanderud said she would like to see the prior/ties for studios and one-bedroom added to the Work plan. Councilman Hershey moved to adopt Ordinance #49, Series of 2002, on second reading; seconded by Councilman Paulson. Roll call vote: Paulson, yes; Hershey, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. CONSTRUCTION SITE SAFETY ORDINANCE FOLLOW uP Stephen Kanipe, building department, told Council the contractors are okay with this, the parking department is okay with this and the fire department is getting along with this. There have been no complaints. 2003 GRANT REQUEST - Aspen Gay and Lesbian Community Fund Steven Holt, president of the Aspen Gay and Lesbian Community Fund, introduced Brenda Fraser, new executive director. Holt requested $50,000 to help market Gay Ski Week. Holt told Council this event brings 3,000 visitors to Aspen. They have already confirmed over $1 million in lodging sales for Gay Ski Week 2003. Mayor Klanderud said she could support a $5,000 contribution. This ~s out of the funding cycle; however, this is a 26- year-old organization in the community. The AGLCF did not have an executive director and did not apply for the regular grant cycle. Mayor Klanderud pointed out the grants approved by Council have generally been the same as received the year before. This would be two years of funding at $2,500. Councilman McCabe said he, too, could approve a one-time exception, as it seems the AGLCF is moving from a volunteer organization to a more professional staff. Councilman Hershey moved to approve $5,000 grant to Aspen Gay and Lesbian Community Fund for a 2003 grant; seconded by Councilman McCabe. All in favor, motion carried. Councilman McCabe moved to go into executive session at 8:35 p.m. for the purpose of discussion acquisition of property pursuant to C.R.S. 24-6- 402(4)(a); seconded by Councilman Hershey. All in favor, motion carried. 13 Regular Meetin~ Aspen City Council January 13~ 2003 Councilman Paulson moved to come out of executive session at 9:20 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Councilman McCabe moved to adjourn at 9:20 p.m.; seconded by Councilman Hershey. All in favor, motion carried. City Clerk 14 I