HomeMy WebLinkAboutminutes.council.19950515Aspen City Council Regular Meeting May 15, 1995
Mayor Bennett called the meeting to order at 5:05 p.m. with
Councilmembers Richards, Reno, Waggaman and Paulson present.
OUTSTANDING EMPLOYEE BONUS AWARDS
Mayor Bennett and Council presented outstanding employee bonus
awards to Chris Hipp, Wheeler Opera House; Dave Clausen, Water
Department; Rob Umbriet, budget director; Glenn Schaffer, Steve
Smith, Richard Pryor, Jeff Harmon of the police department. Mayor
Bennett said it is nice to know the city hads a lot of great, hard working
employees.
PROCLAMATION - Arbor Day
Mayor Bennett and Council proclaimed Tuesday, May 16 as Arbor
Day and urged all citizens to support efforts to care for trees and
woodlands and to support Aspen’s community forestry program.
PROCLAMATION - Historic Preservation Week
Mayor Bennett and Council proclaimed May 14 to 20th as National
Historic Preservation Week and called upon the people of Aspen to
recognize and participate in this observance. Amy Amidon,
community development department, told Council there will be
preservation awards presented this week.
PROCLAMATION - Aspen Mediation Month
Mayor Bennett and Council proclaimed May 1995 as Colorado
Mediation Month. Larry Dragon encouraged people to utilize
mediation rather than litigation.
Mayor Bennett and Council recognized and honored Tate Fisher who
will be representing the state of Colorado in the Miss Teen U.S.A.
contest.
CITIZEN COMMENTS
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Aspen City Council Regular Meeting May 15, 1995
1. Dusty Hamrick told Council she has received approval for and
ADU and was told the water tap fee would be $1100. The water tap
fee came out to $3600. The building permit was $1400. This adds a
lot of cost to building an accessory dwelling unit. Ms. Hamrick
suggested the City Council consider some type of rebate system for
people who rent ADUs to bona fide employees. Ms. Hamrick also told
Council she was startled by the park dedication fee.
Mayor Bennett said these are excellent suggestions and suggested
Council consider adding the ADU rebate to the tap fee waiver
ordinance. Council asked staff to make sure there is a checklist
indicating all fees.
COUNCILMEMBER COMMENTS
1. Councilwoman Waggaman moved to allocate $250 out of
contingency to the trash-a-thon; seconded by Councilwoman Richards.
All in favor, motion carried.
2. City Manager Amy Margerum told Council the Clean Air Board
has requested $1000 to help implement an experimental smoke free
day. This could be added to the next appropriation ordinance. The
county has given $500. Councilwoman Waggaman said although she
supports this she would like to have an budget of how the CAB plans
to spend the money. Jim Wolf, CAB member, told Council this will
primarily be used for advertisement and promotional materials. They
plan this smoke free day for June 23 and are meeting with the
restaurant association about it June 8. Council agreed they would like
a memo outlining the budget.
3. City Manager Amy Margerum said staff would like an
experiment turning West Hopkins into a pedestrian/local traffic only
street this summer. Councilman Reno said he would like to know how
this affects the parking on west Hopkins, and have staff monitor to see
if there are parking problems.
4. City Manager Amy Margerum suggested a work session
Tuesday, May 23 at 5 p.m. to discuss the FAR and design review
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Aspen City Council Regular Meeting May 15, 1995
changes and a work session June 19 on the Moore project. Council
agreed.
CONSENT CALENDAR
Councilman Reno moved to read Ordinances 24 and 27, Series of
1995; seconded by Councilwoman Richards. All in favor, motion
carried.
ORDINANCE #24
(Series of 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING
TO THE ASPEN THEATRE IN THE PARK AN AMENDMENT TO
THE RIO GRANDE FINAL SPA DEVELOPMENT, FINAL SPA
PLAN APPROVAL, AND GROWTH MANAGEMENT
EXEMPTION FOR THE PURPOSE OF YEARLY
CONSTRUCTION OF THE THEATRE TENT AND THEATRE
PRODUCTIONS AT THE CITY-OWNED RIO GRANDE PARK IN
THE CITY OF ASPEN, PITKIN COUNTY, COLORADO
ORDINANCE #27
(Series of 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, ESTABLISHING A SCHEDULE FOR
PARTIAL TAP FEE WAIVERS FOR MIXED FREE-MARKET AND
AFFORDABLE HOUSING PROJECTS IN AH ZONE DISTRICTS
were read by the city clerk
Councilwoman Richards moved to adopt the consent calendar;
seconded by Councilwoman Waggaman. The consent calendar is:
·
Resolution #27, 1995 - Contrat Voice & Data Cable for City Hall
·
Ordinance #24, 1995 - Aspen Theatre in the Park Final SPA
·
Ordinance #27, 1995 - Tap Fee Waivers for Mixed Affordable/Free
Market Projects
·
Resolution #26, 1995 - Contract - Golf Course Driving Range
Fence
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Aspen City Council Regular Meeting May 15, 1995
·
Permission to Submit Application for Basketball Court/Youth
Center
·
Resolution #28, 1995 - 1/2 Cent Transportation Tax Expenditures
·
Resolution #29, 1995 - Contract Automation of Hydroelectric Plant
·
Resolution #30, 1995 - Releasing Deed Restriction Independence
Building
Roll call vote Councilmembers Paulson, yes; Reno, yes; Richards, yes;
Waggaman, yes; Mayor Bennett, yes. Motion carried.
ORDINANCE #19, SERIES OF 1995 - Code Amendment - Office
Zone; Fitness Facilities
Kim Johnson, planning office, told Council this code amendment will
allow health and fitness facilities as conditional uses in the O, office
zone. The applicant has also submitted a request for approval of a
conditional use to have a personal training facility in the Aspen Athletic
Club building. P & Z voted unanimously to approve this request
effective upon Council’s adoption of the code amendment. Ms.
Johnson told Council some neighbors have expressed concern about
the lights from the business at night. Ms. Johnson suggested some
language be added to the P & Z resolution to satisfy the adjacent
property owners.
Scott Harper, representing the applicant, told Council one concern was
the availability of office space in the city. Harper said he contacted
several rental agents in town. This change in use will not impact the
availability of office space in the city.
Mayor Bennett opened the public hearing.
Kathryn Oakie, 719 East Hopkins, told Council the third floor of the
Aspen Athletic Club looks down into her windows and there is a loss
of privacy. Ms. Oakie said she feels something can be worked out
with the applicant by having them shade the windows at night. Ms.
Oakie submitted photos of adjacent property taken from the proposed
facility. Pat McAllister, representing Phyllis Coors, said he feels this
proposal constitutes an invasion of privacy. McAllister said he likes
the idea of shades but is concerned about future tenants. Ms. Johnson
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Aspen City Council Regular Meeting May 15, 1995
said any condition of approval would run with the lease. Any other use
would have to be a permitted use. McAllister said he would like his
client to have an enforceable remedy to keep her privacy.
Mayor Bennett closed the public hearing.
Councilwoman Richards said the concerns of the neighbors are
reasonable. These things do happen in mixed use neighborhoods.
Councilwoman Richards said she likes the solution of shades on the
windows at night.
Councilwoman Richards moved to adopt Ordinance #19, Series of
1995, on second reading with the understanding that when the
resolution for this application goes back before the P & Z, language
requiring shading of windows at night be included in that resolution;
seconded by Councilman Paulson. Roll call vote; Councilmembers
Paulson, yes; Waggaman, yes; Richards, yes; Reno, yes; Mayor
Bennett, yes. Motion carried.
ORDINANCE #25, SERIES OF 1995 - Refunding Parking Garage
Certificate of Participation
Councilwoman Richards moved to read Ordinance #25, Series of 1995;
seconded by Councilman Reno. All in favor, motion carried.
ORDINANCE #25
(Series of 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, AUTHORIZING AND APPROVING A
GROUND LEASE AGREEMENT, A LEASE PURCHASE AND
SUBLEASE AGREEMENT, A MORTGAGE AND INDENTURE OF
TRUST, AN ESCROW AGREEMENT, A CERTIFICATE
PURCHASE AGREEMENT, A FINANCIAL GUARANTY
AGREEMENT, AN OFFICIAL STATEMENT AND OTHER
RELATED DOCUMENTS AND ACTIONS IN CONNECTION
WITH THE ISSUANCE OF CERTAIN CERTIFICATES OF
PARTICIPATION IN THE AGGREGATE PRINCIPAL AMOUNT
OF $6,415,000; AND DECLARING AN EMERGENCY AND
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Aspen City Council Regular Meeting May 15, 1995
PROVIDING FOR THE EFFECTIVE DATE OF THIS
EMERGENCY ORDINANCE was read by the city clerk
Doug Smith, finance director, told Council the current market
conditions indicate a savings of $159,000 by refunding this bond.
Smith said staff plans on watching the market and bringing this back
when the refunding would meet the goals of the financial policies to
realize a savings of $200,000. Councilwoman Richards said she
supports this because it does not extend the debt any further.
Councilwoman Richards moved to adopt Ordinance #25, Series of
1995, on first reading; seconded by Councilman Reno. Roll call vote;
Councilmembers Waggaman, yes; Reno, yes; Paulson, yes; Richards,
yes; Mayor Bennett, yes. Motion carried.
HEALTH INSURANCE AND RETIREMENT
Steve Barwick, assistant city manager, told Council when health
insurance costs were increasing, the city transferred a portion of the
costs to the employees and did some cost saving measures. One goal
was to create a reserve fund for emergencies, which was set at 75
percent of the annual health insurance budget. This funding has
reached this level. Barwick recommended using $80,000 of this money
to increase the retirement for employees by 1 percent. Council agreed
with this proposal.
ORDINANCE #23, SERIES OF 1995 - Pitkin County Jail Expansion
Final SPA Review and GMQS Exemption
Councilman Reno moved to read Ordinance #23, Series of 1995;
seconded by Councilwoman Richards. All in favor, motion carried.
ORDINANCE #23
(Series of 1995)
AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS
EXEMPTION FOR A 1,500 SQUARE FOOT ADDITION TO THE
PITKIN COUNTY JAIL FOR USE BY THE COMMUNICATION
AND POLICE DEPARTMENT AND FINAL SPA AMENDMENT
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Aspen City Council Regular Meeting May 15, 1995
FOR THE DEVELOPMENT LOCATED ON LOT 1 OF THE PITKIN
COUNTY CENTER SUBDIVISION was ready by the city clerk
Mary Lackner, planning office, told Council the BOCC requests
expansion of the jail facility by 1500 square feet for the communication
department. Ms. Lackner told Council the existing space is
inadequate. This will take about 1500 square feet of open space
between the courthouse and the jail. Ms. Lackner said this is a GMQS
exemption. The applicant has just outlined the mitigation measures for
parking and employee housing. Ms. Lackner said staff will report at
second reading on whether these are satisfactory mitigation measures.
Ms. Lackner said the design issues were resolved at P & Z.
Councilman Reno said this addition sits in the middle of an open space
that separates a historic structure. This new building will also come
right against an existing sidewalk. Councilman Reno said he does not
feel this design works with the existing landscaping. City Manager
Margerum said the proposed project is staked out if Council wants to
look at it. Councilwoman Waggaman said she would rather see a
second floor. The quadrangle space is a handsome, pleasant space and
enhances the courthouse. This request continues the pattern of
expanding every building into open space.
Councilwoman Richards said the back of the building has become an
illegal parking lot. There is no landscaping on the back of the building.
Councilwoman Richards said she would like the green space behind
the building maintained as it is directly across from Rio Grande park.
Councilman Paulson asked if this plan anticipates the trolley. Ms.
Lackner said the trolley fits within the plan. Temple Glassier, Pitkin
County, told Council the communications department needs to be on
the front of the building in order to control access. Councilwoman
Richards said Council does not question the need for this expansion, it
is a concern about keeping the open space looking good. City
Manager Margerum told Council city staff has been working with the
county to clean up a land exchange. The city has not been able to
finalize the plat with the county. Ms. Margerum suggested cleaning up
the land exchange, platting and fees paid as a condition of this
approval. Council agreed.
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Aspen City Council Regular Meeting May 15, 1995
Councilman Reno moved to adopt Ordinance #23, Series of 1995, on
first reading with the conditions listed in the memorandum and also
directing the applicant to take a look at the design of the facility
relative the open space in the quadrangle and either to design the
building so that it relates to the quadrangle or design the building to
come up with a new landscape plan and eliminates the quadrangle;
seconded by Councilwoman Richards. Roll call vote; Councilmembers
Richards, yes Paulson, yes Reno, yes; Waggaman, no; Mayor Bennett,
yes. Motion carried.
ORDINANCE #26, SERIES OF 1995 - Aspen Center for Physics Final
SPA Plan, SPA Amendment, GMQS Amendment & Special Review
Councilwoman Waggaman moved to read Ordinance #26, Series of
1995; seconded by Councilman Reno. All in favor, motion carried.
ORDINANCE #26
(Series of 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING
TO THE ASPEN CENTER FOR PHYSICS FINAL SPA
DEVELOPMENT PLAN APPROVAL AND AMENDMENT TO
THE ASPEN MEADOWS FINAL SPA DEVELOPMENT PLAN,
GROWTH MANAGEMENT EXEMPTION, AND VESTED RIGHTS
FOR THREE YEARS FOR THE PURPOSE OF REPLACING
HILBERT HALL WITH AN APPROXIMATELY 11,000 SQUARE
FEET BUILDING LOCATED AT 600 WEST GILLESPIE STREET
(LOT 3 OF THE ASPEN MEADOWS SUBDIVISION) IN THE
CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the
city clerk
Kim Johnson, planning office, reminded Council the master plan for the
Meadows addressed future renovation and expansion for the Center for
Physics but in 1990 they were not ready to go ahead with their plans.
The M.A.A. and Meadows did their expansion at that time. The
Physics Center would like to replace Hilbert Hall. P & Z reviewed
this at 2 public hearings and conducted a site visit. Ms. Johnson said P
& Z concluded scheme “B” should be the one approved and forwarded
to Council. This is also GMQS exemption for essential public
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Aspen City Council Regular Meeting May 15, 1995
facilities, consistent with the other Meadows users. The approval also
includes vested rights for 3 years.
Ms. Johnson said the structure includes office space for visiting
physicists, administrative offices and a meeting room of 2300 square
feet. Ms. Johnson said P & Z and staff believe the proposal meets the
intention and goals of the Aspen Meadows master plan including the
maintenance of open space and campus setting, providing a permanent
home for the Center for Physics, and mitigating affects on neighboring
property. The Physicists goal is to maintain the circle of serenity
interior to the campus itself, to not preclude the future ability of another
associate institute to accommodate some facility on site, and to
provide minimal change to the campus setting.
Ms. Johnson told Council there was a lot of public input at the P & Z
hearings. Many alternative design schemes were discussed. Concerns
of the neighbors focused on the visual impacts of this building as well
as potential public use of the 2300 square feet meeting space. Ms.
Johnson noted the 22 conditions of approval, which have been
accommodated either by choosing scheme “B” or are standard
conditions of approval.
Harry Teague, representing the applicant, told Council the Center for
Physics is not expanding its programming with this building. The
number of visiting physicists will remain at 90. The current number of
offices is not sufficient nor is the administrative space. Teague said
currently people walking to the music tent walk right through the
Physics Center and sometimes disrupt physicists. Teague said the new
design will make a path to the music tent much more obvious. The
only program increase is the 2300 square foot meeting room so that all
physicists can meet indoors at once. Teague said this is not intended to
be a public space, unless the community wants and needs another
meeting space. Teague said this space is only 90 to 100 seats and is
not conducive to rock concerts. Teague pointed out the Physics Center
is committed to bicycles; they own 200 of them and are building a
storage facility. Their parking lot is rarely full. The activities of the
Physics Center are not noisy; the type of work they do requires a place
for contemplation and for quiet.
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Aspen City Council Regular Meeting May 15, 1995
Sally Mencimer, representing the applicant, reiterated they do not
intend on having more than 90 physicists at any one time. The Physics
Center has lost office space at Boettcher. Ms. Mencimer noted the
Physics Center gets between 450 and 500 applications from visiting
physicists annually. Ms. Mencimer said with the storage and
basement, their needs will be met for a long time. Mayor Bennett
agreed the Physics Center is one of the least known and most
extraordinary of Aspen’s non-profit organizations.
Councilman Reno said he supports this project because the Physics
Institute is important to the community. Councilman Reno said he has
concerns about the overall length of the building relative to the other
buildings on the campus. This building will be as long as the music
tent. Councilman Reno said he is concerned about the length of the
building and about the Gillespie terminus. Ms. Mencimer pointed out
the roof height is only 17 feet and is 5 feet lower than North street.
Councilwoman Waggaman said she is concerned about how close this
building is to lot 10 to the west.
Teague presented renderings and a model of the project. These
illustrate the views from surrounding projects, the landscaping plan, the
relationship to the other Meadows properties. Teague explained the
shape of the building is dictated by vegetation, a sewer easement, the
path to the tent, and other physical aspects of the site. Ms. Johnson
suggested before second reading Council go over and look at the site.
Teague told Council because of the work that goes on at the Physics
Institute, they need a building that is connected rather than separate
buildings. They also need some protection from the street noise and
the rest of the campus. Council said they would like to see as much
detail in the landscape plan as possible as well as renderings of the
buildings as revised to scheme “B”.
Councilwoman Richards moved to adopt Ordinance #26, Series of
1995, on first reading; seconded by Councilwoman Waggaman. Roll
call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards,
yes; Reno, yes; Mayor Bennett, yes. Motion carried.
Councilwoman Waggaman moved to adjourn at 7:30 p.m.; seconded
by Councilwoman Richards. All in favor, motion carried.
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Aspen City Council Regular Meeting May 15, 1995
Kathryn S. Koch, City Clerk
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