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HomeMy WebLinkAboutmintues.council.19960212Aspen City Council Regular Meeting February 12, 1996 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Richards, Paulson, Waggaman and Marolt present. DELEGATION FROM SHIMAKAPPU Kay Hagman, youth exchange coordinate for Sister Cities Program, presented 5 students and 2 teachers from Shimakappu who are here on an exchange program. The students and Council exchanged gifts. EMPLOYEE BONUS AWARDS Mayor Bennett and Council presented outstanding employee bonus awards to Rich Coloumbe, golf course, for his fiscal responsibility and to Kathy Kerwin, parking department, whose application of CPR prolonged the life of an accident victim long enough so his family could see him one last time. CITIZEN COMMENTS 1. Tim Cooney, president of the Billings Place condominiums, told Council the homeowners are concerned about the trash compactor located on the Aspen mountain road that belongs to the Aspen Alps. Cooney said this compactor handles trash for 88 units. Cooney said the homeowners were told this compactor would be used only in the morning and afternoon. There are trucks using it all day long. Cooney said it is becoming a problem and causing traffic jams. Cooney said this compactor is overused. It is also unneighborly of the Alps to place this compactor right next to condominiums when the Alps owns a lot of land. Cooney told Council he has done some research on this compactor. A compactor is not a correct use of open space, which is what this parcel is designated. Cooney said Billings Place homeowners would like to have the Alps move this compactor somewhere else on their property. Cooney told Council the homeowners have met with various city staff over the past year and have looked at various alternative locations. Cooney said they agreed to try live with a compactor for 6 months. Cooney said this is a nuisance; it is too much activity for the space. Mayor Bennett said Council has had many meetings on this, the most recent being in executive session because the city is in litigation. Mayor Bennett said the city organized an arbitration, brought in engineers to survey the Alps property for other possible locations of the compactor. John Worcester, city attorney, said because 1 Aspen City Council Regular Meeting February 12, 1996 this is in litigation, it is difficult for any city official to discuss this. Worcester said Council is aware of these concerns and the concerns have been expressed to the attorney’s office. Councilwoman Richards pointed out this “open space” is not purchased with city sixth penny funds and deeded as restricted open space. Karinjo Devore said a former Councilperson feels this is deed restricted open space. Also trees were cut down with a permit after the fact and were larger than the size that can legally be cut down. Councilman Paulson said it is too unfortunate this has gone to the courts and that the Aspen Alps cannot come forward and offer some compromise. COUNCILMEMBER COMMENTS 1. Councilwoman Richards suggested the city sent a letter to Russell George thanking him for his work in the state legislature on the water bill. 2. Councilwoman Richards said there is a growth symposium this weekend in Glenwood Springs. Councilwoman Richards suggested a van or bus for interested persons to carpool. Mayor Bennett said this conference will be held Saturday February 17 at the Hotel Colorado from 8:30 to 5 p.m. 3. City Manager Amy Margerum congratulated the architecture firm Pember Reed. They received an AIA design award from the west slope chapter for their work on the Red Brick School. Councilwoman Richards noted this project won out of 64 project submitted for the entire western slope. The judges felt this represented what Aspen should be about. Will Pember recognized the city, the voters and the Arts Council for a hugely successful project. 4. Amy Margerum, city manager, said the city has been asked by C DOT to contribute to the intercity passenger rail transportation study. The state is undertaking to look at various passenger rail connections between cities and is requesting $2500. Mayor Bennett said it makes sense to match other cities and county’s contributions. Councilwoman Waggaman said their mission statement seem to reflect an eastern slope mind set. Councilwoman Waggaman said she would like to see the mission statement reflect a stronger direction toward the resort communities when the mission statement comes back. Councilwoman Richards moved to approve $2500 out of the contingency for rail passenger feasibility study contingent upon reflection in the mission statement 2 Aspen City Council Regular Meeting February 12, 1996 addressing the concerns of mountain communities and the western slope; seconded by Councilman Paulson. All in favor, motion carried. CONSENT CALENDAR Councilwoman Waggaman moved to adopt the consent calendar; seconded by Councilman Marolt. The consent calendar is: · Minutes - January 22, 1996 · Resolution #5, 1996 - Benedict Commons Parking Lease · Resolution #6, 1996 - Tennant Sweeper Purchase Contract · Resolution #7, 1996 - 939 E. Cooper Maintenance Loan · Zoline Note Prepayment · RFTA Supplemental Budget Resolution 96-1 All in favor, motion carried. ORDINANCE #51, 1995 - Historic Designation 820 E. Cooper Amy Amidon, community development, told Council staff, HPC and P & Z recommend approval of this historic designation finding it meets 3 standards for designation. These are standard B, architecture importance; standard D, neighborhood character and standard E, community character. Ms. Amidon pointed out this is one of the few historic structures left in the east end of town. This structure is located on highway 82, which is highly visible to local and tourist traffic. The applicants have requested a waiver of the park dedication fee as well and the $2000 historic grant. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman moved to adopt Ordinance #51, Series of 1995, on second reading; seconded by Councilman Marolt. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Marolt, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #58, SERIES OF 1995 - Isis Theatre Historic Designation Sunny Vann, representing the applicant, presented the affidavit of posting for the record. Amy Amidon, community development department, told Council this 3 Aspen City Council Regular Meeting February 12, 1996 building, also known as the Webber Building, was build in 1892 and originally used for commercial shop. It was turned into a theatre in the 1920’s and used for minstrel shows. Ms. Amidon told Council this is the last 19th century building in the downtown that has not been rehabilitated. Ms. Amidon told Council the development team will be applying for state grant and would like a letter of support from Council. The grant moneys will be used for restoration costs of the building. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman said the applicants have done an extraordinary job of working with the HPC to get a harmonious building of high quality level. Councilwoman Waggaman said she feels the structure on the roof has been added discreetly. Councilwoman Waggaman moved to adopt Ordinance #58, Series of 1995, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Waggaman, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #2, SERIES OF 1996 - Adopting Recodified Municipal Code Kathryn Koch, city clerk, told Council the entire municipal code has been recodified and will be available on disk. This ordinance is necessary to adopt the new code as many old ordinances and agreements refer to previous section numbers. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #2, Series of 1996, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Marolt, yes; Waggaman, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #3, SERIES OF 1996 - Adopting Energy Conservation Code Larry Doble, community development department, told Council staff recommends adoption of this ordinance. 4 Aspen City Council Regular Meeting February 12, 1996 Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Stan Clauson, community development director, told Council staff held numerous meetings with contractors, people in real estate, architects, to give them an understanding of what this code will require. Clauson said this is a valuable addition to the building code. A similar ordinance passed in the county. Clauson told Council staff has been holding training sessions for interested persons to become proficient in the code. Stephen Kanipe, chief building official, pointed out the city has had an energy code contained within the building code. There are not a lot of changes with this adoption. This energy code takes into account a bigger picture of energy uses including outdoor pools, spas and snowmelt. The previous energy code only addressed uses within the building envelope itself. Councilman Marolt said he feels this might add to the bureaucracy and cause duplication of effects. Councilman Marolt said people should be using energy conservation techniques without a code. Kanipe said most smart builders and homeowners already do these things. This will give staff the ability to address situations where people are not willing to comply. This incorporates the Colorado green program into the code. Kanipe said this will not add a large bureaucracy. The city already has an energy code and already has energy calculations. This will address what staff considers to be loopholes. Kanipe said staff has computer software that will help administer this code. Doble said this program has a very simple compliance method; compliance with the Colorado Green program. Doble said compliance can be accomplished by an owner/builder with no requirement for any specialists. Councilwoman Richard said over the past 15 years more new energy has been created by efficiency rather than by developing new products. Councilwoman Richards said new construction in this town should conserve and use energy efficiently. Councilman Marolt said he is voting no because he wants to keeps the staff honest. Councilman Paulson moved to adopt Ordinance 33, Series of 1996, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Marolt, no; Waggaman, yes; Mayor Bennett, yes. Motion carried. 5 Aspen City Council Regular Meeting February 12, 1996 ORDINANCE #4, SERIES OF 1996 - Adopting Uniform Administrative Code Provision for the National Electrical Code Stephen Kanipe, chief building official, told Council staff recommends approval of these provisions. These are a companion document to the electric code and give the building department the ability to require compliance with other city codes through the electrical permit and inspection process. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #4, Series of 1996, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Marolt, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #6, SERIES OF 1996 - Aspen Meadows Residential GMQS and Vested Rights Extension Dave Michaelson, community development department, told Council this extends the 1990 allotments for the Aspen Meadows SPA. Michaelson said there are issues with the original landscaping plan and these have been added as conditions of approval. These are the addition of 15 to 20 more trees along Meadows road and the relocation of several Aspen trees that have been planted in the trail easement. Another condition is to remove the non-functioning trail lights along old Meadows Road by June 1, 1996, subject to review of the Pedestrian and Bikeway Committee. Also the applicant must excavate the bike trail to the top of the slope in lot 6 by October 31, 1996. Michaelson told Council he received a call from Gideon Kaufman, representing the Aspen Institute, asked if there is a possibility the GMQS extension could be extended for another six months as this is already 2 months into the requested 6 months extension. Michaelson told Council there is no provision in the code to separate the GMQS approval and the vested rights nor to give more than a six month extension. Gideon Kaufman told Council the Aspen Institute has been able to acquire the trustee houses. They are already into the vested rights period and will not be in a position to build the other 3 units immediately. Kaufman said it seems like it would 6 Aspen City Council Regular Meeting February 12, 1996 save everyone time and energy to do two extensions at once. Stan Clauson, community development director, told Council staff will work with the Institute to see if they can take out a building permit to move this along more easily. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #6, Series of 1996, on second reading; seconded by Councilman Marolt. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Marolt, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. RECREATION DISTRICT COMMENTS David Hauter, asset manager, told Council the County Commissioners asked the city to comment on the formation of a recreation district. The Asset Planning Committee reviewed this and has made a recommendation to Council. Hauter told Council the APC recommended that: · the facility should be located on the Moore pool property; · that the city should not sell or otherwise dispose of any existing facilities; · the facility should include the priority items identified in the service plan but no the secondary priority items; · the city should retain ownership of the Moore pool property and lease it to the district; · the city should work with the Hines/Moore developers to identify shared goals that could be achieved through a public/private partnership; · the APC is very concerned about the proposed costs of the District; · any buildings constructed by the District should adhere to principles and philosophy of “Green building design”; · a cooperative contract management agreement should be considered between the city and the district; · the APC recommends that the District expand its boundaries which are presently defined as the school district boundaries. Hauter pointed out this will be another tax source from the taxpayers in the valley. This will have to be decided by the electorate. Staff is concerned that user fees be kept affordable to the public. Staff feel this district could be a positive addition but will take a lot of refining by staff. 7 Aspen City Council Regular Meeting February 12, 1996 Janet Roberts, chairman APC, said they felt their mission was to review the aspects of the project to see if they made sense rather than recommend for or against. Ms. Roberts said most of the recommendations of the APC were unanimous. Ms. Roberts reiterated it is the voters who will decide whether this makes sense or not. If the voters decide there is a need for a facility like this, there could be a synergy with existing facilities and management of the facilities with the city. Ms. Roberts stressed the committee felts strongly the city should not give up any of its existing facilities. The existing facilities are convenient and scattered around which makes them a smaller scale. Ms. Roberts said the district facilities could be a potential addition to the city facilities given the basic assumption there really is a need for a district facility. Ms. Roberts said the APC did not analyze whether or not there is a need for this facility. Mayor Bennett said Council has drafted a letter to the Commissioners neither endorsing nor opposing, just outlining the city’s concerns. Ms. Roberts said the APC looked at the City’s Parks and Recreation Open Space Needs Assessment. Ms. Roberts said the APC felt this was more of a wish list than actual needs for recreation. Ms. Roberts said the voters will ultimately decide whether the community needs this type of recreational facility. Ms. Roberts told Council their committee seriously questioned the price tag of $20 million for this facility. Ms. Roberts said the APC looked at other similar facilities, which are in the $5 to $7 million range. Mayor Bennett read Council’s draft letter to the County. Councilwoman Richards suggested adding to the letter that Council would review this again after the service plan is further refined. Dave Mylar, recreational district representative, said he feels there is reason for Council to be more enthusiastic about this proposal. Mylar said the comments of the Asset Planning Committee are thoughtful and constructive. Mylar said there is not a lot of disagreement of the APC’s comments from the recreation district supporters. Mylar told Council the proposed boundaries for the district are the same as those of the school district. They felt that Basalt’s school district has very high mill levy to pay for capital costs. Mylar said the proponents feel it would be more fair to deal with the out-of-district facility users with a different fee structure rather than added taxes. Mylar agreed there is logic to expanding the boundaries and including old Snowmass, Capitol Creek, Sopris Creek, etc. Mylar said they paid in and out of district user fees. Mylar said the user fees have to be affordable. Mylar 8 Aspen City Council Regular Meeting February 12, 1996 told Council in other recreation district in the state, the majority of the operating expense comes from property tax rather than user fees. Mylar said in putting together the service plan, they programmed a maximum facility. Mylar said the proponents felt it would be a disservice to the community to start with a small plan and keep increasing it. Mylar said this plan is a long way from an election; however, a service plan is intended to be a general outline of what the district does. Mylar agreed location will be a critical ingredient. The proponents are not in a position to promote a location. The APC suggests the Moore pool area. In discussions with the organizing committee, this has emerged as a first choice; however, the committee felt the voters should be given a broader look so they are promoting the process rather than a particular facility. Mylar said one of the county’s issues is if the Ice Garden were to be sold, would the city be willing to contribute the proceeds of the sale to the capital costs of a facility. Amy Margerum, city manager, said the county is also concerned that the city not sell the ice rink on the free market but retain that property in public use. The city’s response is that they are not interested in selling their existing facilities. Ms. Roberts said the APC also said they do not want to see the uses changed. Councilwoman Richards said she feels the recreation district and service plan are not totally thought out. Councilwoman Richards said she would not be interested in tearing down the Ice Garden before it’s useful life. Councilwoman Richards said a recreation facility near the schools would make sense; a recreation facility 20 miles out of town and funded significantly by the city would not make sense. Councilwoman Richards said she would be interested in having a work session with the proponents of the recreation facility to hear more about it. Councilwoman Waggaman said she has heard a lot of complaining about the increase in property taxes over the last year. Councilwoman Waggaman said she does not feel there is a large enough need for this recreation facility. Councilman Marolt questioned the need for this facility, is it infrastructure rebuilding. Mylar said the organizing committee read the city’s parks and recreation master plan and felt the city’s facilities were over utilized and deteriorating. The city’s needs assessment indicated this should be supported by a broader base than just the city taxpayer’s. Mylar said one reason for choosing the district format is to replace existing facilities as they wear out. Mylar said the proponents would like the opportunity to present a 9 Aspen City Council Regular Meeting February 12, 1996 plan for a recreation district to the voters. Mylar said in order to get legitimacy they wanted the Commissioners to approve the service plan. The Commissioners asked the proponents of the recreation district to get comments from Council. Mylar said his group would like time to review the APC’s report and the Council’s letter before commenting. Councilman Paulson said in order for a recreation district to pass the voters and to succeed, it should cover a lot of different sports, including Nordic skiing, kayaking, hang gliding, and including lockers and storage spaces etc. Janet Roberts told Council this was one of the concerns of the APC and they recommended the opposite. Ms. Roberts said the APC felt it you try to get too much, the facility may end up being unusable. Ms. Roberts too the APC felt the best approach was to start with something more specific. Councilman Paulson said he would like to see something that could be expanded to take in other sports. Mayor Bennett said he is not enthusiastic about this plan; one concern is the costs and that the service plan does not address costs for operational subsidies. Mayor Bennett said he does not hear a pressing need for a recreational facility from the citizens. Mayor Bennett said in the city’s recreational plan, the facility was taken off the priority list. Mayor Bennett said if it is true that this is being driven by hockey players and ice skaters who need more ice time, this should address a sheet of ice, not a $20 million facility. Councilwoman Richards said the city just spent $250,000 renovating the existing Ice Garden based on the assumption that the sheet of ice will last for years. Councilwoman Richards said the general fund subsidizes the Ice Garden $100,000 annually even with the great demand at that facility. Councilwoman Richards said two sheets of ice may double the subsidy. Councilwoman Richards said the city has committed to buy the Moore property, spending $1.3 million to buy the playing fields and $300,000 to develop it into fields. The city is continuing to develop recreation needs in the community. Councilwoman Richards said it is appropriate for the cost of recreation to be spread to more users. Councilwoman Waggaman said the city started the recreation program. There are more and more users from outside the city. The city continues to pay for the recreation program. Like with RFTA, the new users are not inclined to pay for this service. Councilwoman Waggaman suggested the city investigate a user fee for recreation. Councilman Marolt agreed this should focus on a hockey facility before 10 Aspen City Council Regular Meeting February 12, 1996 addressing other sports. Councilman Marolt said city staff is proud of their recreation facilities; they are well managed and provide revenue for their support. City Manager Margerum suggested the recreational district proponents be given a chance to digest this information and come back to Council with the APC for further discussion. Councilwoman Richards suggested finding out from the county exactly what questions they would like answered. There should be a representative from the county at this meeting. Councilwoman Richards suggested staff look at where the membership of the hockey club comes from and whether these players are in the district or not. It might make more sense to put this facility in Basalt or closer to where the residential population base is. Councilwoman Richards said on the East Cooper Pedestrian Improvements that there is still a grass buffer zone between the street and sidewalk. Assistant City Manager Efting said this buffer is still planned. Councilman Paulson moved to go into executive session for a personnel issue; seconded with Councilwoman Waggaman. Council went into executive session at 7:35 p.m. Councilwoman Richards moved to come out of executive session at 7:50 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to remove Linda Smisek from the Historic Preservation Commission; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Waggaman moved to adjourn at 7:50 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 11