HomeMy WebLinkAboutminutes.council.20050822ReEUlar Meeting Ashen City Council August 22, 2005
CITIZEN PARTICIPATION ................ ............................................................................ .. 2
COUNCILMEMBER COMMENTS .... ............................................................................ .. 2
CONSENT CALENDAR ..................... ............................................................................ .. 3
RESOLUTION #62, 2005 -Fund Balance Policy ............................................................ .. 3
RESOLUTION #63, SERIES OF 2005 -Annexation 517 Park Circle ........................... .. 3
RESOLUTION #64, SERIES OF 2005 -Support Statewide Ballot Referenda C and D .. 4
BOARD APPOINTMENTS .................. ........................................................................... .. 4
ORDINANCE #37, 2005 -Code Amendment - HPC FAR Bonus ................................... . 4
ORDINANCE #38, 2005 -Snyder Affordable Housing PUD Amendment ..................... . 5
ORDINANCE #26, SERIES OF 2005 - Recycling Code Amendment ............................ . 5
ORDINANCE #33, SERIES OF 2005 - 604 West Main Historic Lot Split ..................... . 9
ORDINANCE #34, SERIES OF 2005 - 227 East Bleeker Historic Lot Split ................. 10
ORDINANCE #36, SERIES OF 2005 - 430 West Main Historic Lot Split .................... 11
RESOLUTION #69, SERIES OF 2005 -Lodge at Aspen Conceptual PUD .................. 11
RESOLUTION #68, SERIES OF 2005 -Aspen Art Museum Temporary Use .............. 11
RESOLUTION #66, SERIES OF 2005 -Ballot Question ............................................... 13
RESOLUTION #67, SERIES OF 2005 - CDOT Grant Street Sweeper .......................... 14
1
Regular Meetine Aspen City Council Aueust 22, 2005
Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers
DeVilbiss, Johnson, Torre and Richards present.
CITIZEN PARTICIPATION
1. Toni Kronberg asked if public comment would be allowed on Resolution #66, the
ballot question. Mayor Klanderud said comments will be taken.
2. Bill Wiener said he is concerned about West Nile virus being a health problem.
Wiener said an easy way for Aspen to get a hold of this is to build and distribute bird and
bat houses. Mayor Klanderud suggested Wiener contact the envirorunental health
department who has been working on this issue for several years. Lee Cassin,
environmental health department, said the department has a trapping and tracking
program for mosquitoes and they have found few of the type that transmit the West Nile
virus. Pam Cunningham, Aspen Alps, told Council when they reported a dead bird, they
had response and answers from the environmental health department rapidly.
3. Andrew Kole said if the city has extra money rather than putting it toward an
outdoor pool at the ARC, the city should use it so returf the fields. This would be a better
return on the city's money and used by more people.
COUNCILMEMBER COMMENTS
1. Councilwoman Richards requested Resolution #62, Fund Balance Policy, be
pulled from the consent calendar. Mayor Klanderud requested Resolution #63,
Annexation 517 Pazk Circle, be pulled from the consent calendar.
2. Councilman Tone said he hopes that something is erected in this valley to honor
the memory of Hunter Thompson.
3. Steve Barwick, city manager, told Council there will be a lighting demonstration
on the south side of City Hall when it is dark enough.
4. Loren Ryerson, Chief of Police, reminded everyone school starts this week.
Students should use school and public transportation; drivers should slow down.
5. Councilman Torre asked if the purpose of the lighting demonstration is to move
forward with exterior lighting of city hall. Barwick said it is. Councilman Torre asked if
staff has considered lighting the Wheeler. Barwick said yes.
6. Councilwoman Richards announced she attended the Colorado Association of Ski
Towns meeting last week. There was a presentation by Kathleen Cuny, state
representative, about referenda C and D, the statewide ballot issues in November.
Councilwoman Richards complimented Dan Richardson on his Canary Initiative
presentation. Councilwoman Richazds said all the resort communities aze having
affordable housing issues. Gunnison is where the Crested Butte work force is living.
2
ReLular Meeting Aspen City Council Au:ust 22, 2005
7. Steve Barwick, city manager, told Council Resolution #53, the applicant is
withdrawing Appeal of Code Interpretation Historic Lot Split.
CONSENT CALENDAR
Councilman DeVilbiss moved to approve Resolution #65, Series of 2005, Contract
Sediment Removal Vault -Rio Grande and August 8, 2005, Minutes; seconded by
Councilwoman Richards. All in favor, motion carried.
RESOLUTION #62, 2005 -Fund Balance Policy
Paul Menter, finance director, said the historic practice of the city has been to maintain a
cash flow reserve by fund for operation purposes. This gives a target by which to invest
funds. Menter said staff tightened up the cash flow management and Council approved
reducing that target to 45 days. This is a fund balance policy for the total fund balance in
every fund. This would adopt a fund balance for 90 days of annual appropriations to be
administered through a long range planning process and be a tool to evaluate impact of
financial decisions. Menter said it is standard to have an adopted fund balance policy;
this formalizes the city practice.
Councilwoman Richards asked if the operating reserve is part of the 90-day fund balance.
Menter said it is. Councilwoman Richards said she thought Council agreed to leave the
reserve at 60 days. Menter said the 15-day amount difference in 45 and 60 days became
money available to invest. Councilwoman Richards stated her concern was that the
difference between 45 and 60 would be used as a boost to the funds excesses. Menter
said this is reserving more fund balance and is more conservative. Menter said the long-
rangeplan shows a 45-day operating reserve and added % of 90-day fund balance.
Mayor Klandernd asked why the parks and open space fund is not set up the same way.
Menter said the fund balances will be different by fund types. The general fund is the
source of the city's full faith and credit, and the recommendation is that be a higher
number. Mayor Klanderud said it looks like both open space sales taxes aze co-mingled,
and the .5-cent pen space should have its own fund. Menter said Council authorizes
acquisition and improvements and that amount is transferred to that fund.
Councilwoman Richards moved to adopt Resolution #62, Series of 2005; seconded by
Councilman Tone. All in favor, motion carried.
RESOLUTION #63. SERIES OF 2005 -Annexation 517 Pazk Circle
John Worcester, city attorney, said this meets a statutory requirement of the annexation
process and confirms there is 1 /6 contiguity with the city of Aspen boundazies. The
resolution also sets a date for the public hearing. Chris Bendon, community development
department, showed where the two parcels plus acounty-owned open space parcel are
located. Councilwoman Richazds said she would like to be assured this annexation does
Regular Meeting Asuen City Council AuEUSt 22, 2005
not create additional FAR beyond what was granted by Council last year. Bendon said
the land use process is where the resubdivided lots and reallocated FAR should be
determined. Councilwoman Richards requested the minutes from the meeting when
Council granted a larger footprint be included in the packet.
Councilman DeVilbiss moved to adopt Resolution #63, Series of 2005; seconded by
Councilman Johnson. All in favor, motion carried.
RESOLUTION #64, SERIES OF 2005 -Support Statewide Ballot Referenda C and D
Councilwoman Richards said referenda C and D have been put on the statewide
November ballot by the state legislators to try and remedy the ratchet effect of TABOR
on the state budget. There have been over $1 billion worth of cuts between 2001 and
2004. Many social services have been maintained by borrowing from other funds. The
cuts are eroding the social safety network. Councilwoman Richards noted both Colorado
Association of Ski Towns and Club 20 have given unanimous support to these referenda.
Councilman DeVilbiss stated he strongly supports these ballot issues.
Councilwoman Richards moved to approve Resolution #64, Series of 2005; seconded by
Councilman DeVilbiss. All in favor, motion carried.
BOARD APPOINTMENTS
Councilman Torre encouraged citizens to apply for boards and commissions and to get
involved. There are openings on HPC, P&Z, housing board and Board of Adjustment.
Councilman Torre moved to approve the following board appointments; seconded by
Councilman Johnson.
Historic Preservation Commission -Alison Foto Agley (regular member)
Planning & Zoning -Ruth Kruger (regular member)
Board of Appeals & Examiners -Deanna Olson, George Kelley and Steve
Saunders (all regular members)
All in favor, motion tamed.
ORDINANCE #37, 2005 -Code Amendment - HPC FAR Bonus
Councilman DeVilbiss moved to read Ordinance #37, Series of 2005; seconded by
Councilman Torre. All in favor, motion carried.
ORDINANCE NO. 37
(SERIES OF 2005)
4
Regular Meeting Asgen City Council August 22, 2005
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AMENDMENTS
TO THE CITY OF ASPEN MUNICIPAL CODE, CHAPTER 26.415.110 BENEFITS
AND 26.420.020.B DIMENSIONAL VARIANCES
Councilwoman Richards moved to adopt Ordinance #37, Series of 2005, on first reading;
seconded by Councilman DeVilbiss.
Councilwoman Richards said for second reading she would like to know how much new
FAR would be created on currently inventoried sites. Councilwoman Richards said she
would also like to know about properties already built out and how staffwill deal with
the fairness issue.
Roll call vote; Councilmembers Johnson, yes; Tone, yes; DeVilbiss, yes; Richards, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #38, 2005 -Snyder Affordable Housing PUD Amendment
Councilman DeVilbiss moved to read Ordinance #38, Series of 2005; seconded by
Councilwoman Richards. All in favor, motion carried.
ORDINANCE N0. 38
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PUD
AMENDMENT TO THE SNYDER PARK AFFORDABLE HOUSING PROJECT TO
ALLOW FOR UNFINISHED BASEMENTS TO BE CONVERTED TO LIVABLE
SPACE AND FINISHED, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Councilman DeVilbiss said he would like the ordinance to state that additional rooms in
the basement may not be used for sleeping purposes. Councilman DeVilbiss said that
should be clearly proscribed. Mayor Klanderud said she has concerns about that and also
that these remain one-bedroom units in the housing categories. Mayor Klanderud said
Council needs to weigh the unintended consequences on other affordable housing units.
These units may need to be recategorized.
Roll call vote; Councilmembers Richards, yes; Torre, yes; DeVilbiss, yes; Johnson, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #26, SERIES OF 2005 -Recycling Code Amendment
Jannette Morison, environmental health department, told Council ordinances similar to
this have been enacted throughout the United States. Ms. Morison said this ordinance
strives for environmental excellence. Aspen is working for environmental excellence
with the canary initiative, in air quality and in transportation. Ms. Morison told Council
staff worked with CCLC on this ordinance and their comments have been incorporated
into the ordinance. Ms. Morison stated the cost for trash pick up will increase if this
Regular Meeting Aspen City Council August 22, 2005
ordinance is adopted. Ms. Morison said there could be increased truck traffic in alleys
with more types and frequency of pick up. There should be a reduction in traffic to the
Rio Grande recycle azea. This ordinance is a way to unite the community, both
commercial and residential, in waste recapture.
The first provision in the ordinance requires no separate charge for recycling; persons
cannot opt out of recycling. Ms. Morison noted Aspen and Pitkin County have voluntary
recycling programs and there has not been an increase in recycling. Ms. Morison said
staff surveyed over 100 businesses; many comments were that people like recycling but
until it is mandatory, they do not have the time. Ms. Morison noted currently commercial
businesses can pay their waste hauler to recycle, take the items to Rio Grande themselves
or not recycle. If this ordinance passes, when trash contracts are up, waste haulers will
offer new contracts with new rates.
Ms. Morison said this is 1 can versus 3 cans, volume based pricing. Ms. Morison noted
when New Hampshire went to volume based recycling, they went from 3% recycling to
53% recycling. Ms. Morison said the residential provisions are to make recycling easier
for residential units. Ms. Morison pointed out a reporting provision, which is to have the
waste haulers report the recycling rate by commodity in order to track where this is going
and where changes maybe made. This will help evaluate the program.
There is a provision to prohibit yard waste in gazbage, which should get the yard waste
out of the landfill and into the compost center. Ms. Morison said a statistic from one
hauler is that 40% of garbage in the spring is yard waste; 30% in the summer is yard
waste and 50% in the fall. The options other than putting yard waste in the garbage are to
have a mulch mower, to take the yard waste to the landfill, to have backyard composting.
Staff is working on a yard waste drop off at the Rio Grande center. Ms. Munson pointed
out there is a 3-year sunset provision to assure the community the city will look at this
program in 3 years. There aze 3 waste haulers in the community so there should be
competitive pricing.
Ms. Morison told Council the environmental health department is committed to working
with every resident or business owner to make recycling work. Council approved''/z time
position to make this program work. Ms. Morison said staff hopes this ordinance will
move the community toward being stewards of the environment. Staff also hopes this
will extend the life of the landfill. Ms. Morison noted a finished product made out of raw
materials uses far greater energy than it takes to make a product out of recycled materials.
Mayor Klanderud opened the public hearing.
Bill Dinsmoor, CCLC Chairman, told Council they have worked on alley issues -trash,
delivery, snow removal, and parking with staff for 10 years. These issues aze all
interrelated and anything done in one area affects other areas. Dinsmoor recommended
taking more time to work out the details before adopting this ordinance. Dinsmoor stated
most people have no idea how much this ordinance will cost them. Dinsmoor suggested
it may be better to take time and to do experiments in one or two alleys. Dinsmoor said
6
Reeular Meeting Aspen City Council August 22, 2005
the CCLC is behind recycling and finding a way to make this ordinance work. They
would like more time to investigate different equipment and to look into having a single
service provider in one alley to see how that works. Stan Hajenga, CCLC, told Council
the lodging association is unaware of this ordinance. To adopt this ordinance now would
be a disservice to business owners, who are in favor of recycling. Hajenga said the staff
has done a great job but the business owners would like to sit down in a forum, get a
chance to go through the ordinance and give their suggestions.
Terry Butler, CCLC, said this would be an opportunity to do an entire alley clean up and
to get rid of as much congestion as possible. Ms. Butler said more time is needed to get
this ordinance where it should be. Shae Singer, CCLC, said many retailers have tried to
implement recycling on their own and have not been successful. Ms. Singer said the
retailers agree the next step should be taken but it should be done correctly.
Charles Wolf, Cooper Street Pier, said not allowing trash pickup before 7:30 a.m. is not
practical. The trash and delivery trucks would be in conflict. Wolf noted there may not
be spaces for all businesses to have recycle areas and perhaps there should be a
designated space in each alley before Council adopts this ordinance. Wolf stated many
landlords do not want other businesses to use their recycling areas.
Jim Smith, Waste Management, stated his company totally supports recycling. Waste
Management offers volume based services as well as residential curbside recycling and
commercial recycling. Smith agreed there is no single solution for every business; the
alleys in Aspen are very tight. Smith stated this ordinance violates Colorado law, C.R.S.
30-15-401(4) and (5) which prohibits rate setting. Smith said other issues maybe
increased illegal dumping and increased traffic at the landfill. Smith said this will create
a large capital outlay for the haulers, which will be passed on to the customers. Smith
volunteered to help with a pilot project.
Toni Kronberg thanked Council for tackling this issue. Ms. Kronberg stated she supports
recycling, especially if it will help clean up the alleys. Ms. Kronberg said she hopes this
will reduce the number of car trips to the recycle center at Rio Grande. Andrew Kole
said it is important that the public know how much this will cost them. Pamela
Cunningham, Aspen Alps, told Council her company has worked with Waste
Management on a recycle program and their program is working well. They had hoped
to expand this program to their neighbors. Ms. Cunningham said the city has to start
somewhere.
Dave Saunders, Rocky Mountain Disposal, said he has been in business for 20 yeazs.
Saunders asked about an alternative where everything is dumped into one container,
hauled to the landfill and Pitkin County sorts and recycles. This would save trips down
valley, and additional cans placed in the alley. Saunders said he would like to see figures
on how much this would cost and if it would be better than individual recycling.
Saunders agreed customers have to have incentives to recycle.
7
Regular Meeting Aspen City Council August 22, 2005
Ms. Morison entered into the record an e-mail from Sheri Sanzone in favor of this
ordinance. Hajenga said Tim Clark of Frias Property wanted Council to know he
supports recycling and would like to see that go forward; however, the lodging
community would like more time for input.
Mayor Klanderud closed the public hearing.
Ms. Morison said if recyclables are contaminated, they would be land filled. Ms.
Morison said in the ordinance, an audit cazd is required which will let waste haulers know
about contaminated recycling. The staff can then contact the businesses or residences
about this. Ms. Morison said the staff plans to work with businesses on finding sites in
each alley for recycling. Ms. Morison told Council staff was unable to do a true cost
analysis because they could not get prices from the waste haulers. Ms. Morison said
businesses who currently recycle pay $2,000/year or less. Ms. Morison told Council staff
was careful in working with the city attorney's office not to violate Colorado law.
Volume based pricing already exists in Colorado. Ms. Morison said staff has not found
an alley with just one waste hauler contractor so a pilot project has not been possible.
Councilman Tone asked the current restrictions on alley service or delivery trucks. Ms.
Morison said there is a delivery ordinance but there aze no restrictions on trash haulers.
Councilman Torre asked if construction waste is allowed at the landfill. Ms. Morison
said the landfill has a diversion program for construction waste. Councilman Torre asked
how much more time the CCLC would need. Dinsmoor said they would like time to get
this right. The CCLC only meets twice a month so they will need more than a month.
Steve Barwick, city manager, said the issue before Council is if they want to pass a
recycling ordinance, how close is this legislation. Barwick agreed there maybe more
trucks in the commercial core picking up recycled material; fewer personal trucks doing
recycling may balance this. Barwick said one solution maybe for the city to do contract
hauling.
Hajenga said businesses have not had a chance to look at this ordinance. Hajenga said
they would like time to finish the season and then look at this. Councilman Torre asked
about single stream. Ms. Morison said this would require a facility to sort recyclables out
of one container. There are pros and cons about single stream within the recycling
industry. Pitkin County landfill cannot sort single stream. Rick Jones, ACRA, agreed
with CCLC that this needs to be presented to the business community. Jones stated he
supports continuing this ordinance and working on the solution. Mayor Klanderud stated
this ordinance has been in the works for over a yeaz.
Councilwoman Richazds said she wants to move forward with this legislation; however,
she would like to grant CCLC's request for more time. Councilwoman Richazds said if
this ordinance is not adopted tonight, the effective date will be put off until spring.
Recycling has been a priority of Council for over one year. Councilwoman Richards said
what is important about this ordinance is that it will require recycling. Councilwoman
Richards said businesses that are currently recycling aze paying to extend the life of the
landfill and making the effort. Councilwoman Richards said she wants to see this
8
Regular Meeting Aspen Citv Council August 22, 2005
become a community ethic and something Aspen can be proud of. Councilwoman
Richards stated unless she sees a commitment that continuing this ordinance will make
the legislation much better, she would rather go forward.
Wally Graham, Waste Solutions, said he would like to see recycling increase; however,
he has concerns about education of the public and costs. Councilman Tone said he
would like to revisit time restrictions for alley use. Councilman Torre said he would like
to give the city attorney's office the chance to review this with the comments from Jim
Smith. Councilman Tone stated he would be willing to continue this to September 12 to
give the community a chance to get more informed. Councilman Torre said he does not
favor putting this off for 3 months.
Councilman Johnson noted this ordinance will not take effect for 3 months and staff can
work on community outreach in that time. Councilman Johnson stated the bottom line is
the landfill and the life of the landfill; the more the community recycles, the longer the
life of the landfill. Councilman Johnson said everyone will pay some way or other,
personal recycling, the dump closes because it is full and the community has to pay to
haul the trash farther. Councilman Johnson stated the waste haulers are not creating the
trash; the residents and tourists are.
Councilman DeVilbiss stated he is willing to grant CCLC more time but a limited
amount. Councilman DeVilbiss agreed the city needs to move forward with this
ordinance. Councilman DeVilbiss said the city has to develop a cost analysis the best
they can. Councilman DeVilbiss suggested if Council continues this ordinance, that the
time when this goes into effect be shortened to 45 or 30 days. Ms. Morison said this time
was to be used to work with businesses to iron out problems. Councilwoman Richards
noted that people have existing contracts with waste haulers and they do not have to
comply with this ordinance until their current contracts expire.
Mayor Klanderud reiterated this ordinance does not become effective for 90 days. Mayor
Klanderud said she likes the idea of the city meeting with ACRA, retail, the residential
and the lodging community within the 90 days to listen to concerns and to work on
solutions. Mayor Klanderud stated the city has taken a position on the environment and
the city cannot talk about how green they are and not take these kinds of actions. Mayor
Klanderud said it is time to move forward.
Councilman DeVilbiss moved to continue Ordinance #26, Series of 2005, to September
26 and to make it effective 90 days from today and to continue to explore a single hauler
to cut down on trucks in the alley; to look into the constitutionality ofthe ordinance; to
get details about the current delivery ordinance; to get a cost analysis, to work with all
parties to hear their objections; seconded by Councilman Torre. All in favor, with the
exception of Councilman Johnson and Mayor Klanderud. Motion carried
ORDINANCE #33. SERIES OF 2005 - 604 West Main Historic Lot Split
9
ReEUlar Meeting Aspen City Council August 22, 2005
Amy Guthrie, community development department, told Council this is a lot split of a
9,000 squaze foot lot zoned MU on Main Street. This is a historic landmark and the lot
contains a number of buildings built during different time periods. One shed straddles
the property line. The applicant is not proposing removal of any of these buildings. They
will try and stabilize the building on the common lot line. The proposal is to split the
property into two pazcels; a 3,000 square foot on the west and a 6,000 square foot lot on
the corner. The 3,000 square foot parcel will have to have the residence on it, a
requirement of the lot split criteria. The MU zone contains a disincentive of 20% less
FAR for residential buildings. The density on the 6,000 square foot lot will be MU uses.
HPC granted one setback variance because the creation of a new lot line will cause a
building close to that.
Alan Richman, representing the applicant, told Council they agree with the
recommendations and conditions from staff. The applicants have obtained an
encroachment license for the historic garage on the back of the property. Councilwoman
Richards asked about the new FAR bonuses for historic properties. Ms. Guthrie said this
property will not be eligible for anything extra. The new ordinance is written for a
property with more than one primary historic building.
Mayor Klanderud opened the public hearing. There were no comments. Mayor
Klanderud closed the public hearing.
Councilman DeVilbiss moved to adopt Ordinance #33, Series of 2005, on second
reading; seconded by Councilwoman Richazds. Roll call vote; Councihnembers
Richards, yes; Johnson, yes; Tone, yes; DeVilbiss, yes; Mayor Klanderud, yes. Motion
carried.
ORDINANCE #34. SERIES OF 2005 - 227 East Bleeker Historic Lot Split
Amy Guthrie, community development department, noted this is located in the west end.
There are two detached houses. This will create a lot line and fee simple ownership.
This should transfer the development pressure off the historic building and onto a new
structure. The 9,000 squaze foot lot will be divided equally; one lot will contain a
Victorian house; one lot will contain a Victorian barn, both of which will need to be
preserved. The applicant proposes more FAR on the new lot. The property is being split
among family members and they propose a condition stating if an FAR bonus is
requested, it will have to be shazed equally. HPC granted a vaziance to legalize the
existing barn.
Mayor Klanderud opened the public hearing.
Toni Kronberg asked about the lazge tree on this property. Ms. Guthrie said there is no
plan to develop this property. When plans come in, HPC has purview over development
on that property and the tree would be part of that review.
Mayor Klanderud closed the public hearing
10
Regular Meeting Aspen City Council August 22, 2005
Councilwoman Richards asked about the new FAR bonus ordinance. Ms. Guthrie said
the ordinance will not affect this site.
Councilman DeVilbiss moved to adopt Ordinance #34, Series of 2005, on second
reading; seconded by Councilman Torre. Roll call vote; Councilmembers Torre, yes;
Johnson, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #36, SERIES OF 2005 - 430 West Main Historic Lot Split
Amy Guthrie, community development department, noted this property is located on
Main street, is a 9,000 square foot lot with an existing large Victorian house. The
proposal is to split this into 4,000 square feet, to be located on the corner, and 5,000
square feet. The 4,000 square foot lot will be required to have asingle-family residence,
not mixed use. The ordinance outlines an FAR of 2,144 square feet for the residential lot.
The 5,000 square foot parcel can have mixed uses and an allowable FAR of 1:1. There is
a very large tree on the vacant lot. The parks department has said they would probably
not allow removal of that tree. HPC will review development for that vacant lot.
Christie Kienast, representing the applicant, told Council they have no plans for the
corner lot and do plan on preserving the tree.
Mayor Klanderud opened the public hearing. There were no comments. Mayor
Klandenrd closed the public hearing.
Councilman DeVilbiss moved to adopt Ordinance #36, Series of 2005, on second
reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers
DeVilbiss, yes; Torre, yes; Johnson, yes; Richards, yes; Mayor Klanderud, yes. Motion
carried.
RESOLUTION #69, SERIES OF 2005 -Lodge at Aspen Conceptual PUD
Councilman Johnson moved to continue Resolution #69, Series of 2005, to September
12`"; seconded by Councilman Torre. All in favor, motion carried.
RESOLUTION #68, SERIES OF 2005 -Aspen Art Museum Temporary Use
Sarah Oates, community development department, told Council the temporary use
request is to place a temporary structure between Spring street and the Art Museum for
two offices while the museum assesses their future needs. Ms. Oates reminded Council
they are owners of the property and they need to decide if this is an appropriate use on
their property as well as to review the temporary use criteria to make sure it meets that
criteria. Ms. Oates told Council this has been referred to city departments. Ms. Oates
said staff supports this temporary use application for one year while they find a solution
to their space needs. There is nothing in the lease that would prohibit this temporary use.
11
Regular Meeting Aspen City Council August 22, 2005
Daza Coder, assistant director Aspen Art Museum, noted the Museum has hired a new
director. It is the intention to bring all staff under on roof in order to work more
efficiently. Staff has worked at home, been on contract, been at the museum. Heath
Johnson, facility director, presented photos showing the proposed trailer location.
Mayor Klanderud opened the public hearing.
Bill Wiener questioned the one-yeaz temporary use, whether this is long enough, what
happens after one yeaz. Wiener said it does not make sense to move more people into an
azea that will be destined for construction. Wiener said putting a trailer in will eliminate
about 20 trees. Wiener said the Museum should figure out what to do before taking any
action. Wiener said he does not feel there is enough information for Council to make a
decision.
Mayor IClandenxd closed the public hearing.
Ms. Coder told Council some very small, diseased Aspen trees will be removed. None of
these trees aze more than 3" in diameter. The trailer is 8' by 20'; it will tuck into the side
of the museum, will not encroach into the parking lot. Ms. Coder said the museum staff
does not want anything that will detract from the museum or the pazk. Ms. Coder said
they are looking at using their archive space for offices. Ms. Coder said the Museum is
unwilling to give up any gallery space. Ms. Coder noted the modular unit does not take
up any existing parking spaces.
Councilwoman Richards said she feels the space at Red Brick is much more valuable to
the Art Museum as teaching space rather than as office space. Councilwoman Richards
said she supports this temporary use; the Art Museum has big plans. Councilman
Johnson asked if temporary uses can be renewed. John Worcester, city attorney, said
they must be reviewed annually and can be renewed. Councilman DeVilbiss said he
would like to see the long range plans of the Art Museum before a trailer is brought in.
Councilman DeVilbiss said he feels a trailer is inherently incompatible with the museum
and grounds.
Ms. Coder reiterated this move is to work efficiently as a team, sharing networks and
phone systems. Councilman Torre said he cannot support this because of the possible
tree removal, questions that are unanswered, whether pazking will be added or not.
Mayor Klanderud stated she supports the temporary use request. The Art Museum has a
new director and has been a successful venture in the community. Mayor Klanderud said
there is a synergy created by working closely together rather than being strung out
through the valley. Councilman Johnson said it is unlikely this will only be cone-yeaz
temporary request. Councilman Johnson pointed out all the non-profits are short on
space and this would set a precedent for non-profits. Councilman Johnson said he will
support this as soon as he sees along-range expansion plan from the Art Museum.
Mayor Klanderud said she feels this is a critical point in the Art Museum's future.
12
Regular Meeting Aspen City Council August 22, 2005
Councilman Torre moved to continue Resolution #68, Series of 2005, to September 12,
the temporary use of a trailer on site of the Aspen Art Museum for the purpose of
clarifying the exact nature of the use, the intended temporary status of that trailer,
parking, tree removal, the conflicting information of the applications. Motion DIES for
lack of a second.
Councilwoman Richards moved to approve Resolution #68, Series of 2005; seconded by
Mayor Klanderud.
Mayor Klanderud said she is not sure the questions can be answered in 3 weeks and
Council maybe going through the same discussion.
Councilman DeVilbiss called the question. Councilman DeVilbiss in favor;
Councilmembers Johnson, Richards, Torre and Mayor Klanderud opposed.
Councilwoman Richards withdrew her motion; Mayor Klanderud withdrew her second.
Ms. Coder requested a continuance until the next meeting as there is confusion about the
application and about the additional office space.
Councilwoman Richards moved to continue Resolution #68, Series of 2005, to
September 12`"; seconded by Councilman Torre. All in favor, with the exception of
Councilman DeVilbiss. Motion carried.
RESOLUTION #66, SERIES OF 2005 -Ballot Question
John Worcester, city attorney, told Council this resolution sets forth the purposes for
which the excess revenues can be used. Worcester listed the 4 purposes; purchase of
hybrid buses; improving the storm water system; construction of a new outdoor
swimming pool at the ARC; construction to elements of the sidewalk and trail system.
Steve Barwick, city manager, told Council the ARC advisory Board is not in support of
an outdoor pool. They feel an outdoor pool will use up too much of the grassy area
outside the ARC and they may recommend using the money some other way. Council
agreed to put off this ballot question until staff can meet with the ARC advisory
committee.
Councilman DeVilbiss suggested the resolution and the ballot be amended to add
"runoffl' to storm water runoff collection in 3 places to make that more cleaz. Mayor
Klanderud said the resolution should read 2 alternative fuel e.g. hybrid buses as it does in
the ballot question. Toni Kronberg noted that grassy areas do not make money for
recreation centers; pools make money. Ms. Kronberg pointed out there aze transportation
issues that should be addressed and funded by Council.
Councilwoman Richards moved to continue Resolution #66, Series of 2005, to 4 p.m.,
August 30`"; seconded by Councilman Torre. All in favor, motion tamed.
13
Regular Meeting Aspen City Council Aueust 22 2005
RESOLUTION #67, SERIES OE 2005 - CDOT Grant Street Sweeper
Randy Ready, assistant city manager, pointed out this resolution approves two contracts;
one is for the revenue from a federal grant through CDOT for congestion management
and air quality purposes. The grant will be applied toward the purchase of a new street
sweeper, which is important to street cleaning. This piece of equipment is dry and
dustless and does not require deicing chemicals or water on the streets. Approval of this
agenda item would accept the $168,000 from CDOT toward the purchase of a $194,000.
The difference will be paid out of street department savings. This will add a piece of
equipment to the streets fleet and $12,000 annual operating costs.
Jerry Nye, Streets Department, told Council this piece of equipment will allow the streets
department to do better sweeping. The necessity for this machine is from annexations
and from the increased amount of sand on the streets. The addition of this sweeper may
prolong the life of the other two sweepers.
Councilman DeVilbiss moved to approve Resolution #67, Series of 2005; seconded by
Councilman Johnson. All in favor, motion carried.
Councilman DeVilbiss moved to suspend the rules and extended the meeting to 10:15
p.m.; seconded by Councilman Johnson. All in favor, with the exception of Councilman
Torre. Motion carried.
Councilman DeVilbiss moved to go into executive session at 9:40 p.m. pursuant to
C.R.S. 24-6-402(4)(a) for the purpose of discussing property acquisition -two separate
parcels, Smuggler Mountain and Zupancis; seconded by Councilman Tone. All in favor,
motion tamed.
Councilman DeVilbiss moved to suspend the rules and extend the meeting to 10:45 p.m.;
seconded by Councilman Torre. All in favor, motion carried.
Councilman Torre moved to come out of executive session at 10:45 p.m.; seconded by
Councilwoman Richards. All in favor, motion carried.
Councilman Torre moved to adjourn at 10:45 p.m.; seconded by Councilman Johnson.
All in favor, motion tamed.
Kaglfryn S. Koch, City Clerk
14