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Home My WebLink Aboutminutes.council.20030127 Regular Meeting Aspen City Council January 27~ 2003 ~'", REPORT FROM RFTA DIRECTOR ....................................................................... 2 COUNCILMEMBER COMMENTS .......... , ............................................................. 3 RESOLUTION #4, 2003 - EOTC ½ cent Transit Sales and Use Tax Budget RESOLUTION #5, 2003 - Sale Contract "Old Pro Shop'" to Aspen Junior Golf ............................................. , ...................................................................................... 4 RESOLUTION #6, 2003 - Purchase Contract - Holy Cross Property/Castle Creek Bridge .................................................................................................................... 5 RESOLUTION #7, 2003 - Contract Design Phase II Cemetery Lane ............ 6 FIRST READING OF ORDINANCES ................................................................... 7 · Ordinance #4, 2003 - Qwest/City o£Aspen Annexation ....................................... 7 · Ordinance #5, 2003 - Code Amendments - Infill .................................................. 7 · Ordinance #6, 2003 - Maroon Creek Club Lots 1 & 2 PUD Amench~ent ............. 7 · Ordinance #7, 2003 - 1000 East Hopkins PUD Amendment: ................................. 7 · Ordinance #8, 2003 - Extension of Demolition ..................................................... 7 · Ordinance #9, 2003 - Efficient Building Regulations ............................................ 7 · Ordinance #10, 2003 - Code Amendment Energy Conservation Code ................. 7 ORDINANCE #2, SERIES OF 2003 - Code Amendment - Ski Services Theft ................................................................................................................................ 10 ORDINANCE #3, SERIES OF 2003 - Maroon Creek Road Annexation.... 11 ~sOLUTION #8, SERIES OF 2003 - Extension of Vested Rights Molly Gibson ............................................................................................................................. 11 Regular Meeting Aspen City Council January 27, 2003 REPORT FROM RFTA DIRECTOR Dan Blankenship, director of RFTA, told Council RFTA is proposing a vehicle registration fee of $10 in 2003. A series of public meetings throughout the RFTA district have been plauned. Blankenship said written comments can be sent to Renee Black, RFTA, PO Box 1270, Carbondale, CO 81623. Renee Black, counsel for RFTA, told Council imposing this fee is a power granted to regional transit authorities and is on[e of the fund raising options other than sales tax. Ms. Black told Council the RFTA board is not happy about imposing this fee but feels it is better than cutting services. This fee cannot be Spent on operating expenses but on highway related items, like bus stops and road maintenance. This fee can be imposed by the Board and does not require a vote. Mayor Klanderud, RFTA Board member, told Council this fee cannot be adopted until there have been public hearings. The hearing before the RFTA board is scheduled for February 13th. CITIZEN PARTICIPATION i. Dennis Vaughn, member Friends of Marolt and Citizens for a Small ToWn Entrance, read a letter t° COUncil requeSting, (1) that CoUncil pass a resolution acknowledging th~ voters preference on the entrance to Aspen and that it does not support a highway through Marolt and that CDOT return the right-of-way easement; (2) that Council pass a resolution directing independent studies be done to determine improvements 'to the existing S- curves; (3) that Council direct independent studies of the Maroon Creek bridge be done; and (4) that Council pass a resolution requesting CDOT to conduct appropriate environmental impact studies on 2 and 3 above. Vaughn said citizens feel that CDOT should give weight to the community's preference as indicated in votes over the last 4 elections. Vaughn requested Council schedule a work session to discuss these items. IVlayor Klanderud said Council will look at this request and their upcoming schedule to see when a work session could be scheduled. 2. Nancy Scheinkman, representing Rail Jam, requested Council approval for a Red Bull sign to be placed in the gondola plaza as a starting gate for Rail Jam to be held this Friday. Ms. Scheinkman showed Council a picture of this inflatable arch. The special event committee recommended she seek Council approval. This is the Only Red Bull sign that Will be in the gondola plaza. Regular Meeting Aspen Ci,ty Council January 27, 2003 Councilman Hershey moved to approve the Red Bull arch t° be placed in the gondola plaza Friday January 3 1st and taken down that evening; seconded by Councilman Semrau. All in favor, motion carried. 3. Emzy Veazy III reminded Council they should be ever vigilant about flag violations. It is the sacred duty of every American to respect the stars and stripes. Veazy said every Aspen business could afford to spend money on publicity throughout America. Veazy encouraged Council to encourage businesses to stop whining and to show their capitalist spirit. Veazy suggested that because Aspen is an arts center and in order to maintain credibility, the Aspen police department should be trained in art theft and art forgery. COUNCILMEMBER COMMENTS I. Mayor Klanderud thanked ACRA for putting Winterskol on, thanked city employees who put together a float, and thanked Card Ink for their generous contributions to the fireworks. 2. councilman HerShey annoUnced this weekend ~e ~e X'Games at Buttermilk. There is NO parking at Buttermilk and peop][e should either walk, bus or ride their bikes. 3. Councilman McCabe said after the X-Games on Saturday there is a peace rally and march convening at Paepcke Park. 4. Councilman McCabe noted the fund raising deadline for SPARC is February 1st and every Councilperson has made a pledge. 5. Councilman Hershey reported there is a draft of the executive summary of the Corridor Investment Study. Councilman Hershey explained this submission is a legal requirement; it is then checked :for legal sufficiency; then there is 45-day wait after which a public comment period starts. Councilman Hershey said this draft CIS relies on the record of decision. There are alternatives in the CIS, one of which is no action and to stick with the committed projects, like Snowmass Canyon. Councilman Hershey stated nothing in thiS draft is abSolute; it can all be changed and citizens should participate in the process. Regular Meeting Aspen City Council January 27~ 2003 6. MaYOr Kland~rud rePorted City Manager Steve BarWick went to the ACRA Board meeting and presented the city's follow up to the work on economic sustainability. One suggestion is to pursue an economic development coordinator. ACRA Board agreed to proceed on this and investigate the funding, Mayor Klandemd said the economic sustainability committee will reconvene to discussion this issue. Mayor Klanderud said the consensus is that this economic coordinator be a non-government person. RESOLUTION #4, 2003 - EOTC ½ cent Transit Sales and Use Tax Budget Councilman Semrau said the cost of $73,000 to collect this tax seems exorbitant; is there is an explanation of why this costs so much. Randy Ready, assistant city manager, said this cost covers 1.5 FTE's and the tax is difficult and costly to collect because there is a lot of surveying and auditing. Mayor Klanderud asked about the $60,000 funding for the lobbyist. Ready said the contract amount is $120,000 and the EOTC will pay for up to half of the contract amount, not to exceed $60,000. Mayor Klanderud said she feels this is a lot of money and is a concern to her. Ready said RFTA is paying the other half. councilman McCabe Pointed out staff has brought up that the benefit to the community from this lobbyist could be huge, depending on grants and the community's eligibility for those grants. Ready noted there are two separate tracks going on at Congress, both the cra:rent year appropriation and the 6-year multi-modal transportation authorization act, which is up for renewal. Councilman PaulsOn moved to approve Resolution #4, Se:ties of 2003; seconded by Councilman Semrau. All in favor, motion carded. RESOLUTION #5, 2003 - Sale Contract ~'Old Pro Shop" to Aspen Junior Golf Mayor Klanderud asked why the city would guarantee the minimum cpi increase. Mayor Klanderud noted the documents cover what happens in a default and the city's option to purchase this building, what protection is there that this building does not get sold for sOme other use. Emie FYrWald said the Purchase 0fthe building is $200,000. If juni0r GOlf were t° become defunct or not able to handle this debt service, the building would be re-sold 4 Regular Meeting , Aspen city Council January 27~ 2003 to the citY. Junior Golf has spent $25,000 bringing the building almost up to standard with another $15,000 to be spent on the building. It would take 10 years under the 2% to recoup the money spent on the building. Fyrwald said they feel it is fair to add value to the building. Fyrwald said Council could give Junior Golf credit for $225,000 to $240,000 as a buy back provision. Mayor Klandemd said she would prefer to eliminate the minimum cpi. Fyrwald said that is not acceptable to Junior Golf; however, a cap would be acceptable. They would like to recoup what they have in this project. Council agreed to have staff and Junior Golf renegotiate the contract. Councilman Semrau suggested having staff cortfirm the capital improvement costs and arrive at a price including the improvements and have no minimum in the contract. Councilman Hershey moved to continue Resolution #5, Series of 2002 to February 10; seconded by Councilman McCabe. All in favor, motion carded. RESOLUTION #6~ 2003 - Purchase Contract - Holy Cross Property/Castle Creek Bridge COunCilman McCabe noted since Council originallY discussed this purchase, there was an election with a question about "S" curves versus the straight shot. Councilman McCabe said the conservation easements on this property are very onerous. Councilman McCabe said if Council is going to talk about improvements to the S curves, it would be a disservice to place easements on this property. Randy Ready, assistant city manager, told Council the 1995 alternatives to widen the Castle Creek bridge as part of tl:Le draft EIS, this would not be an expansion of the bridge but would be a new bridge and the south side was favored. A north side alignment would impact Bugsy Bamard park as well as a portion of the golf course. Either alignment would take Marolt open space. The south alignment appears to have fewer 4F property impacts. There are historic properties on the north side considered 4F properties. Mayor Klandemd said there has been a lot of effort put into this property purchase including a parmer with a private property owner. The quid pro quo for that donation was that the property would have a conservation easement on it. The negotiations included both Kinder Morgan gas company and Holy Cross electric. Mayor Klanderud said after two years investment of time, she would nOt want to turn back on tiffs negotiated Regular Meeting Aspen City Council January 27~ 2003 contract. Councilman McCabe noted the changed circumstance of the November 2002 eleCtion. C0un~iiman McCabe said he would like the city to preserve all their options for improvements of S curves and the entrance to Aspen. Mayor Klanderud said if the city does not go through with this transaction, their credibility as a negotiating partner will be damaged. Mayor Klandemd noted if this is purchased with sixth penny money, there would have to be a vote in order to use it for highway purposes. Councilman. Hershey agreed Council has been discussing this a long time. Councilman Semrau said his point is to keep the options open to improve the S curves for a cost of $200,000. Councilman Semrau said he is not suggesting not to go through with the purchase or not to leave it as open space. Councilman Hershey said this agreement has been negotiated and all the parties would have to agree to this change. Councilman Hershey moved to adopt Resolution #6, Series of 2003; seconded by Councilman Paulson. Roll call vote: McCabe, no; Paulson, yes; Semrau, no; Hershey, yes; Mayor Klanderud, yes. Motion Carried. RESOLUTION #7~ 2003 - Contract Design Phase II Cemetery Lane Councilman McCabe asked the definition of an MSE retaining wall. Scott Chism, parks department, said this is "mechanically stabilized earth". Councilman McCabe noted the numbers in the contracts are not the same. Chism pointed out one is the original contract for phase I of Cemetery Lane. The higher rates are for the 2003 phase II Cemetery Lane project. Phase II is a new project that was rebid. Jeff Woods, parks director, pointed out the engineering cost is 9% ora 52 million project, which is a very fair fee. Woods told Council Lofts did some of this work in phase I so the fees are lower than they would be. Councilman McCabe said he does not feel comfortable when the fees do not add up. Councilman McCabe noted the contract states it does not include any study on the impacts of the bridge on the flood plain. Councilman McCabe asked who is looking into that. Woods said that will be done in house. Staffhas contacted the Army Corps of Engineers and does not believe there will be ~ssues. Woods told Council the bridge is flying the floodway, out of the 6 Regular Meeting ~ Aspen City Council January 27~ 2003 500-year flood plain requirement. Woods told Council the city has received a CMAQ grant for $160,000; the county has given $150,000. Staffis applying for a GOCO grant of about $300,000. Councilman Paulson said he does not like the plan for slicing through Stein Park. Woods told Council this trail has been realigned to go right next to the bridge. Councilman McCabe moved to approve Resolution #7, Series of 2003; seconded by Councilman Paulson. All in favor, motion carried. FIRST READING OF ORDINANCES · Ordinance #4, 2003 - Qwest/City of Aspen Annexation · Ordinance #5, 2003 - Code Amendments - Infill · Ordinance #6, 2003 - Maroon Creek Club Lots 1 & 2 PUD Amendment · Ordinance #7, 2003 - 1000 East HOpkins PUD Amendment · Ordinance #8, 2003 - Extension of Demolition · Ordinance #9, 2003 - Efficient Building Regulations · Ordinance #10, 2003 - Code Amendment Energy Conservation Code Councilman Hershey moved to read Ordinances 4,5,6,7,8,9, and 10, Series of 2003; seconded by Councilman McCabe. All in favor, motion carded. ORDINANCE NO. 4 Series of 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY'OF ASPEN, COLORADO, TO BE ~OWN AND DESIGNATED AS THE "QWEST/CITY OF ASPEN SUBDIVISION" ANNEXATION. 7 Regular Meeting Aspen City Council January. 27~ 2003 ORDINANCE N01 5 (SERIES OF 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.104.100 - DEFINITIONS; 26.208.010 - CITY COUNCIL POWERS AND DUTIES; 26.210(B) - COMMUNITY DEVELOPMENT DIRECTOR JURISDICTION, AUTHORITY, AND DUTIES; 26.212.010 - PLANNING AND ZONING COMMISSION POWERS AND DUTIES; 26.226 - GROWTH MANAGEMENT COMMISSION; 26.412 - COMMERCIAL DESIGN STANDARDS; 26.425 - CONDITIONAL USES; 26.430 - SPECIAL REVIEW; 26.435.050 - MOUNTAIN VIEW PLANE REVIEW; 26.470 - GROWTH MANAGEMENT QUOTA SYSTEM; 26.480 - SUBDIVISION; 26.515 OFF-STREET PARKING; 26.520 - ACCESSORY DWELLING UNITS AND CARRIAGE HOUSES; 26.530 - RESIDENT MULTI- FAMILY HOUSING REPLACEMENT PROGRAM; 26.535 - TRANSFERABLE DEVELOPMENT RIGHTS; 26.575.020(A) - ~ CALCULATIONS AND MEASUREMENTS; 26.575.020(B) - METHODS OF MEASUREMENT FOR VARYING TYPES OF ROOFS; 26.575.020(E) - MEASUREMENT FOR DEMOLITION; 26.575.030 - PEDESTRIAN AMENITY; 26.575.040 - YARDS; 26.575.060 - UTILITY/TRASH SERVICE AREAS; 26.575.070 - USE SQUARE FOOTAGE LIMITATIONS; 26.7 l 0.040 - MEDIUM-DENSITY RESIDENTIAL (R-6) ZONE DISTRICT; 26.710.050 - MODERATE-DENSITY RESIDENTIAL (R-15) ZONE DISTRICT; 26.710.060 -MODERATE-DENSITY RESIDENTIAL (R- 15A) ZONE DISTRICT; 26.710.070 - MODERATE- DENSITY RESIDENTIAL (R- 15B) ZONE DISTRICT; 26.710.080 LOW-DENSITY RESIDENTIAL (R-30) ZONE DISTRICT; 26.710.090 - RESIDENTIAL MULTI-FAMILY (RMF) ZONE DISTRICT; 26.710.100 - RESIDENTIAL/MULTI-FAMILY (RMFA) ZONE DISTRICT; 26.710.140 - COMMERCIAL CORE (CC) ZONE DISTRICT; 26.710.150 - COMMERCIAL (C- 1) ZONE DISTRICT: 26.710.160 - SERVICE/COMMERCIAL/INDUSTRIAL rS/C/I) ZONE DISTRICT; 26.710.170 - NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT; r"~ 26.710.180-MIXED-USE (MU) ZONE DISTRICT; 26.710.190-LODGE (L) ZONE DISTRICT; 26.710.200 - COMMERCIAL LODGE (CL) ZONE 8 Regular Meeting Aspen City Council January 27, 2003 DISTRICT; 26.710.310 - LODGE OVERLAY (LO) ZONE DISTRICT; 26.710.320 - LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICT. ORDINANCE NO. 6 SERIES OF 2003 AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO AMEND THE PLATTED DEVELOPMENT ENVELOPES ON LOTS 1 AND2 OF THE MAROON CREEK CLUB SUBDIVISION / PUD. CITXFOF ASPEN. ORDINANCE NO. 7 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING 1) A PUD AMENDMENT, 2) A SUBDIVISION AMENDMENT, 3) AN AMENDMENT TO THE GMQS EXEMPTION FOR AFFORDABLE HOUSING FOR OFF-SITE REPLACEMENT OF AFFORDABLE HOUSING MITIGATION IN THE I000 E. HOPKINS PUD, AND 4) SPECIAL REVIEW APPROVAL TO VARY THE ADU DESIGN STANDARDS TO AMEND THE DEED RESTRICTi'ON oN UNIT 4, OF THE 1000 E. HOPKINS PUD AND TO DEED RESTRICT UNIT 2, OF THE AJAX CONDOMINIUMS. CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE #8 SERIES OF 2003 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO EXTEND THE TIMEFRAME IN WHICH THE PROVISIONS OF ORDINANCE 40, SERIES OF 2002, SHALL BE APPLICABLE ORDINANCE NO. 9 (SERIES OF 2003) Regular Meeting Aspen City Council , January. 27, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO TO AMEND THE ASPEN MUNICIPAL CODE BY THE ADDITION OF CHAPTER 8.54 WHICH CHAPTER ADOPTS AN EFFICIENT BUILDING CODE ORDINANCE NO. i0 SERIES OF 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND SECTION 8120.020 (w) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN RELATING TO THE CITY OF ASPEN ENERGY CONSERVATION CODE Mayor Klanderud announced there will be a work session on Ordinance #5, 2003, Code Amendments infill tomorrow at 4:30 p.m. This is only the first work session and it will be a review of the entire ordinance by community development staff. Ordinance #8, which is an emergency ordinance to extend Ordinance #40, 2002, definition of demolition will have its second reading tomorrow before the work session O~iNANCE #2, sERiE~ OF 2003 ~ C0de Amendment, ski Services Theft David Hoefer, assistant city attorney, explained this code amendment would make theft by resale of a lift tiCket, deceptive use of ski facility, use of a false ski or recreational ticket, and making a false ski or recreation ticket a municipal offense. This code amendment also covers theft of services, including cable and sanitation services. The annexation of Aspen Highlands makes this Code amendment more pertinent. Mayor Klanderud opened the public heating. There were no comments. Mayor Klanderud closed the public hearing. Councilman McCabe moved to adopt Ordinance #2, Series of 2003, on second reading; seconded by Councilman Hershey. Roll call vote: Paulson, yes; Semrau, yes; Hershey, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. 10 Regular Meeting Aspen Ci,ty Council January 27~ 2003 ORDINANCE #3, SERIES OF 2003 2 M~°on Creek Road Annexation David Hoefer, assistant city attorney, told Council in July, the Board of County Commissioners filed an annexation petition with the city. Staff has reviewed this and CoUncil haS approved Resolutions #70 and 88, Series of 2002: Mayor Klanderud opened the public hearing. Toni Kronberg said she supports this annexation as it is an integral part of the campus recreational facility. Ms. Kronberg suggested the shoulders of the road be asphalted to facilitate bicycle traffic. Ms. Kronberg said the city will inherit parking problems and suggested an enforcement officer be hired. City Manager Steve Barwick told Council there are bike paths out to the campus and the city does not plan to create an on-road bicycle path. Loren Ryerson, chief of police, told Council they do not advocate narrowing the driving lanes to accommodate bike traffic. Ryerson encouraged Council to leave the road as is. Mayor Klandemd closed the public hearing. Councilman Paulson moved to adopt Ordinance #3, Series of 2003, on second reading; seconded by Councilman Hershey. Roll call vote: McCabe, yes; Hershey, yes; Paulson, yes; Semrau, yes; Mayor Klanderud, yes. Motion carded. RESOLUTION #8, SERIES OF 2003 - Extension of Vested Rights Molly Gibson James Lindt, community development department, told Council this is a request to extend the vested rights on the MollY Gibson for 3 years. Ordinance #56, Series of 1999, approved a minor PUD to add a 3-bedroom affordable unit to this lodge~ Lindt pointed out this was voluntary housing. The reason this has not yet been built is the downturn in the economy. Staff believes there is every intention to complete this project; the PUD has been recorded. Staff believes this project meets the goals of the AACP. Lindt requested one condition be added that the applicant convey 1/10% ownership of the deed restricted unit to the city. David Tash, Molly Gibson, Said they have no problems with this request. I1 Regular Meeting Aspen Ci~. Council January 27~ 2003 Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public heating. Councilman McCabe moved to approve Resolution #8, Seties of 2003, with the condition regarding 1/10% ownership of the housing trait; seconded by Councilman Paulson. Roll call vote: Semrau, yes; McCabe, yes; Paulson, yes; Hershey, yes; Mayor Klanderud, yes. Motion carried. Councilman Semrau moved to adjourn at 6:50 p.m.; seconded by Councilman Paulson. All in favor, motion carried. City Clerk 12