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HomeMy WebLinkAboutminutes.council.20061023 Rel!:ular Meetinl!: Aspen City Council October 23. 2006 GREEN TREE AWARD ....................................................................................................2 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS.................................................................................. 2 CONSENT CALENDAR ................................................................................................... 3 RESOLUTION #87, SERIES OF 2006 - Contract Change Order Jenny Adair ................ 3 ORDINANCE #42, SERIES OF 2006 - Hotel Jerome PUD Amendment ........................ 4 ORDINANCE #39, SERIES OF 2006 - Aspen Institute Conference Center SPA Amendment. ............................... ...... .......... .................. ... ........................................... ... ...... 4 ORDINANCE #33, SERIES OF 2006 - Code Amendment Impact Fees ..........................5 RESOLUTION #88, SERIES OF 2006 - Planning Consultant Contract White & Smith. 7 I Rel!:ular Meetinl!: Aspen City Council October 23. 2006 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, DeVilbiss, Richards, and Johnson present. GREEN TREE AWARD Lacey Gaechter, environmental health department, told Council the Aspen Alps is receiving their second Green Tree award. Since last year the Aspen Alps has made improvements to their operations warranting them 5 additional green leaves. Some actions were purchase of an electric vehicle, using organic?? from on-site compo sting to fertilize their plants, replacing incandescent bulbs with compact fluorescent. The Aspen Alps had a total of 19 green leaves; 5 points are needed for a Green Tree award. CITIZEN COMMENTS 1. Toni Kronberg said the draft civic master plan is going to P&Z tomorrow. Ms. Kronberg noted it is exciting to see the visitors' center being moved to the Rio Grande building. Ben Gagnon, community development department, told Council the draft master plan will eventually come to Council. There are several parcels being looked at for relocation of the visitors' center. The draft master plan is available on the city's website. 2. Angela Shavano, from the Ute Reservation in Utah, requested city funds to help sponsor three visits of Ute Indian dancers and singers for World Cup, Winterskol and the end of the ski season. Ms. Shavano reminded Council the Ute Tribe has performed in Aspen before and this is their native lands. Mayor Klanderud requested the information, dates and amounts requested, be given to Randy Ready so it can be an agenda item. This request will be considered along with other budget requests. COUNCILMEMBER COMMENTS I. Mayor Klanderud announced there are plans, drawings and details for the recycle center, which is on the November 7th ballot. Citizens can contact the environmental health department if they have questions. 2. Councilman DeVilbiss reported he attended the Puppy Smith COWOP, which was a good meeting and a building design was chosen. 3. Councilman DeVilbiss said there was an article in the Denver Post about ski areas losing locally serving businesses. This is an important issue. 4. Councilman DeVilbiss said he would like the city to investigate roof solar installations. There may be government buildings where there is enough roof exposure, like the RFTA barn, Youth Center, ARC, to install solar panels. 2 Rel!:ular Meetinl!: Aspen City Council October 23. 2006 5. Councilwoman Richards announced early voting has started and is available until November 3'd Councilwoman Richards thanked Grassroots for their extensive election coverage. 6. Mayor Klanderud said at the Climate Protection Conference sponsored by the city projects being done by staff were brought up and Council should be more informed these projects. Mayor Klanderud said there may be some initiatives Council would like to see furthered. Council should sit down with staff and discuss energy efficiency, renewable energy, water conservation and usage and discuss directions the city can take and what steps are already being done. Randy Ready, assistant city manager, told Council a lot of work has been done on a Castle Creek hydro plant; this will be reported to Council during budget. Council will also get a report on the water and electric conservation measures; the city has a full time conservation officer who has been busy and has plans for future conservation. 7. Councilman Torre said he attended the RFTA Board meeting two weeks ago. The Board discussed wildlife management for the Rock Bottom trail and whether to close that section of the trail for the winter or not. There is a draft of the 2007 budget, which contains a budget shortfall, which will be covered by operating reserves. Councilman Torre noted RFTA is having difficult hiring drivers and mechanics due to the high cost of living and lack of affordable housing. CONSENT CALENDAR Councilman DeVilbiss requested Resolution #87 be taken off the consent calendar. Councilman DeVilbiss moved to approve the board appointments of: HPC - Brian McNellis Wheeler Board - Ron Erickson Seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #87. SERIES OF 2006 - Contract Change Order Jenny Adair Councilman DeVilbiss noted the memorandum states there is an expanded scope and fee, and why wasn't this foreseen originally. Scott Chism, parks department, told Council when the first contracted with this consultant was a contract up to construction documentation. It was not clear when the Rio Grande and the Jenny Adair drainage projects would begin. The Jenny Adair project is starting and staff needs assistance with construction implementation. Councilman DeVilbiss pointed out the memorandum states the contract and project were reviewed in June 2006. Chism said that was the construction contract for the contractor, and a cost estimate was included with a budget line item identifying the need for this service. Councilman DeVilbiss said he would like to see the June 6th minutes before voting on this change order. Councilman Johnson asked ifthere will be a plan for the park part of this project for Council's approval. Stephen Ellsperman, parks department, reminded Council they have seen this plan before its refinement. Ellsperman said staff will update Council on the plan and where the 3 Rel!:ular Meetinl!: Aspen City Council October 23. 2006 project is in the plan. Councilman Johnson asked for a copy of the conceptual plan. Mayor Klanderud noted the packet contains a cost of $41, 625, phase II construction documents $36,750, and attachment C dated June 6, 2006, which is what Council reviewed in June. Chism explained that is a cost estimate for the entire project. Councilman DeVilbiss said it seems like Council is approving this for a second time. Ellsperman said Council previously approved the budget for the project. This contract is for engineering services to make sure the project is correctly installed. Councilman Torre moved to approve Resolution #87, Series of2006, Contract Change Order WRC Construction Jenny Adair; seconded by Councilman DeVilbiss. All in favor, motion carried. ORDINANCE #42. SERIES OF 2006 - Hotel Jerome PUD Amendment Councilman Torre moved to read Ordinance #42, Series ef2006; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #42 Series of 2006 AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF ASPEN APPROVING A PUD AMENDMENT WITH CONDITIONS FOR THE PROPERTY AT 333 EAST MAIN STREET, LOTS A-I, AND O-S, AND THE EASTERLY 20' OF LOT NAND THE EASTERLY 170' OF THE VACATED ALLEY, BLOCK 79, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilwoman Richards moved to adopt Ordinance #42, Series of2006, on first reading; seconded by Councilman Torre. Councilman DeVilbiss said he would like the minutes where the PUD was approved. Councilman DeVilbiss stated he is skeptical about releasing 27 parking spaces. Councilwoman Richards asked if a model will be available. Sunny Vann, representing the applicant, said no significant changes to the exterior other than the roof on the addition are planned and story poles will be put up for Council to view, the rest of the changes are cosmetic. Councilwoman Richards asked for the HPC minutes from the original PUD approval. Vann said this building has a long history and many original documents are attached to the application. Councilwoman Richards said she would like minutes from the original approval. Councilman DeVilbiss said the plans are difficult to follow. Vann said full size drawings will be available at public hearing. Roll call vote; Councilmembers DeVilbiss, yes; Johnson, yes; Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #39. SERIES OF 2006 - Aspen Institute Conference Center SPA Amendment 4 Rel!:ular Meetinl!: Aspen City Council October 23. 2006 Mayor Klanderud stated this application has been withdrawn. Mayor Klanderud noted the memorandum states the equipment to be installed will be within the decibel levels without increasing the parapet wall heights. The memorandum states ifthat does not occur, the applicant may come back. ORDINANCE #33. SERIES OF 2006 - Code Amendment Impact Fees Jennifer Phelan, community development department, reminded Council this code amendment contains new transportation demand management and air quality impact fees, update of the existing park dedication fees and school lands dedication. Ms. Phelan pointed out impact fees are a way for communities to assess new developments and to recoup the cost of expanding existing capital facilities from new development in the cornmunity. Ms. Phelan said these fees are calculated on new development to cover the cost of expanding the infrastructure. Council raised a number of questions at the previous hearing, and these are covered in the memorandum. Ms. Phelan one issue is that the current regulations allow waiving impact fees for historic structures. This amendment proposes the impact fee be waived for only the historic structure and any new structure would be assessed an impact fee. The issue at the last meeting was whether to consider a sliding scale for the new development in a historic project. Ms. Phelan recommended either leaving the amendment the way it is written or exempt the first bedroom added to a project, which would be easier to administer. The other issue is that the true cost of the Francis Whitaker park was not included in the fee impact study, or $875,000 not allocated to the park, which would raise the impact fee for park dedication 5%. Ms. Phelan said the park impact fees have been raised, and the 5% could be added; however, the ordinance would have to be continued for that calculation. Ms. Phelan told Council the city's consultant is recommending the impact fees be reviewed every 3 to 5 years to make sure they stay current. Ms. Phelan noted the city collects the school land dedication for the school district. This was updated with both data and methodology and the fee-in-lieu has increased substantially. Ms. Phelan told Council staff attended the school board meeting in October. The school board recommends the cash-in-lieu be assessed at 33% of the allowable maximum. The staff memorandum contains some sample calculations at 33% and park development and air quality impact fees so Council can get a sense ofthese fees. Ms. Phelan said the basis for the school land dedication fee is how much land a student needs for a functioning school system, which in the school district's case is 896 square feet. Councilman DeVilbiss asked what the .310 figure in the calculations represents. Ms. Phelan told Council the city's consultant computed how much land each student needed and also how many students each housing project generates. Ms. Phelan told Council when the original school dedication fees were imposed, a phone survey was done to find out how many students there were/house. In this amendment, the consultants used the 5 Rel!:ular Meetinl!: Aspen City Council October 23. 2006 2000 census to determine how many students are in each type of structure. A three- bedroom house generated .31 student. Councilman DeVilbiss asked what $36.79/square foot is. Ms. Phelan said a 3168 square foot lot, the requirement would be 227 square feet ofland to be dedicated to the school district. Ms. Phelan noted that amount ofland will not do much for the school district so the option is a cash-in-lieu payment for 227 square feet. One would take the value of the land divide it by the size of the lot to get a dollar/square foot value, which would be the cash-in-lieu dedication fee. Councilman DeVilbiss asked if the park impact and TDM fees are calculated the same way. Ms. Phelan said these are calculated on a per bedroom basis, $4,429/bedroom for the parks fee. These are maximum fees and Council can discount the per bedroom rate, like receiving a credit for open space or trails dedication. Ms. Phelan noted the air quality impact fee for residential is a per bedroom fee, $498/bedroom. A non-residential project would be charged per net leasable. Mayor Klanderud said the parks impact fee is proposed to be a major increase. Ms. Phelan said this fee is to cover acquisition of open space, parks, ARC, trails. Ms. Phelan pointed out commercial space is excluded from paying school dedication fees, as that type of building does not generate students. Councilman Torre asked if the use of the funds is limited. John Worcester, city attorney, said the fees have to be used for their intended purpose. Councilman Torre asked if the city has to refund the fees if they are not used within a certain period of time. Worcester said the funds are segregated in an account specific to that fee. Ms. Phelan said these fees cannot be used for operating expenses, just capital. Mayor Klanderud opened the public hearing. Laura Kornasiewicz, school board, said they are committed to a dedication program that serves the community and the future for school growth. Ms. Kornasiewicz noted the number of in-district students is increasing. The school is on a 29 acres campus, which is low; average for 1500 students is 60 acres. The school land dedication fees will provide the school district the opportunity to continue to expand on their existing land or to purchase land for future needs. Mayor Klanderud closed the public hearing. Councilman DeVilbiss asked what method Pitkin County uses to assess school land dedication fees. Ms. Phelan said their fees were adopted in 1995 and the county has an overall cap on what can be charged per residence. Councilman Johnson asked the total revenues collected in that last II years by the school dedication fees. Bill Anuszewski, school finance director, said $600,000 has been collected from the 3 jurisdictions. Anuszewski said the $159,000 collected in 2005 is going to the new middle school project. Councilman Johnson asked why the school board is accepting the 33% instead of 100% as recommended by the BBC report. Ms. Kornasiewicz said the school board feels 100% would be too much a burden on homeowners. The original ordinance in 1995 seems to address capital costs/student. 6 Rel!:ular Meetinl!: Aspen City Council October 23. 2006 Mayor Klanderud stated she supports the waiver for historic preservation on the existing building but not on any new construction. Councilman Johnson agreed the fee should be waived for the historic structures. Councihnan Johnson stated he objects to the school land fees as too low. Councilman Johnson said if development is to pay for itself, how can development be charged at 33% and pay for itself. Councilwoman Richards agreed; however, there was extensive research and the school district is not asking for the fee at 100%. Steve Barwick, city manager, pointed out the state formula is based on comparatively low land prices on the front range and the school fees generate less money. Ms. Kornasiewicz said the school district ran scenarios based on different percentages for the fees and agreed the 33% was what the school district requires. Mark White, planning consultant, said impact fees have to be based on impact to the school system as created by new development. Councilwoman Richards noted the park dedication fees would also be higher if every park was reappraised to actual and current purchase prices. Councilwoman Richards said she is taking into account the open space and parks sales tax, which residents also pay. Councilman Torre said he is disappointed about how low the TDM and parks fees are but he is willing to support it to see how it works for the next two years. Councilwoman Richards moved to adopt Ordinance #33, Series of2006, on second reading; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers DeVilbiss, yes; Johnson, no; Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #88. SERIES OF 2006 - Planning Consultant Contract White & Smith Chris Bendon, community development department, said this $50,000 contract is for professional services for White & Smith to work on the land us code amendments. Bendon told Council staff feels this firm has national experience on many projects and they also work as planners. Mark White told Council he is an attorney and a planner and has worked in growth management and urban and community design issues. White said another interest is infill and figuring ways to densify while retaining the fabric of the community. White said he is an advocate of affordable housing. Councilwoman Richards said Council had expressed their desired outcomes and concerns to the previous consultant. Mayor Klanderud agreed Council should reiterate and reaffirm the goals and outcomes to this consultant in a work session. Councilman DeVilbiss moved to approve Resolution #88, Series of2006; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to go into executive session at 7:45 p.m pursuant to C.R.S. 24- 6-402(4)(a) acquisition of property; seconded by Councilwoman Richards. All in favor, motion carried. All members of Council were present. Also staff present were John Worcester, Steve Barwick, Bentley Henderson, Jeff Woods and Stephen Ellsperman. Councilman Torre moved to come out of executive session at 8:45 p.m.; seconded by Councilman Johnson. All in favor, motion carried. 7 Rel!:ular Meetinl!: Aspen City Council October 23. 2006 Councilman Torre moved to adjourn at 8:45 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. 8