HomeMy WebLinkAboutminutes.council.20080211Regular Meeting Aspen City Council February 11, 2008
CITIZEN COMMENTS ................................................................................................. .... 2
COUNCILMEMBER COMMENTS .............................................................................. .... 2
CONSENT CALENDAR ............................................................................................... .... 3
• Resolution #4, 2008 -Council Chambers Remodel Contract ............................ .... 3
• Resolution #10, 2008 -Creation of Budget Task Force ..................................... .... 3
• Request IRS for Private Letter Ruling ................................................................ .... 3
• Minutes -January 28, 2008, as amended ........................................................... .... 3
ORDINANCE #2, SERIES OF 2008 - Establishment of TDR - 627 W. Main ............ .... 4
ORDINANCE #3, SERIES OF 2008 -Fire Station COWOP ....................................... .... 4
RESOLUTION #11, SERIES OF 2008 -Temporary Use Aspen Institute Tent ........... .... 5
ORDINANCE #29, SERIES OF 2007 - 634 E. Hyman (Wienerstube) Subdivision .... .... 7
1
Regular Meeting Aspen City Council February 11, 2008
Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Skadron,
Romero, Johnson, and DeVilbiss present.
1. Toni Kronberg asked if the Council Chambers design includes adequate space for
public presentations. Councilman Johnson noted one of the tenets of the new design was
presentation spaces. Ms. Kronberg said Council is looking at the ARC outside swimming
pool and asked if the budget task force will review the numbers on that project. Mayor
Ireland said the budget task force reviews policy. They do not review project budgets.
Ms. Kronberg brought up the public noticing for land use projects in front of Council and
that the public hearing process goes on for a long time and the notices are no longer up.
Ms. Kronberg asked about replacing crabapples trees which caused problems with bears.
2. Andrew Kole noted Aspen High School is playing Carbondale February 19`h in
Aspen. Both teams are in the top 10 of their division in the state. Kole said the city is
making a movie about historic preservation. Kole said request for bids should include
local filmmakers.
3. Terry Murray requested the city look into getting the sidewalk along Gibson
avenue going east toward Smuggler shoveled. It is a heavily traveled sidewalk and it is
poorly maintained. Ms. Murray said the city should also have information available, if
not who owns the sidewalks or what sidewalks the city owns, how to get that
information. Ms. Murray said she was sent to several different departments and still did
not get the information. Mayor Ireland suggested that might be a layer of GIS. Richard
Pryor, police department, said he would follow up and contact the property owners.
4. W. R. Walton told Council he has put off getting in touch with the streets
department because of the amount of snow this season. Walton said he will meet with
them in the summer to pass on his ideas about snow plowing and sidewalk maintenance.
Mayor Ireland suggested Walton talk to the streets department now. The streets
department is doing a great job this winter.
1. Councilman Romero noted at a work session in January, the master plan for the
Wheeler was discussed. Councilman Romero stated he supports Bentley's as a tenant; it
is a wonderful spot. Councilman Romero said it is important to preserve locally serving
businesses, especially in city projects.
2. Councilman Skadron said the Wall Street Journal has an article about 9 cities with
9 ideas for reducing energy use. One of those cities was Aspen, talking about the canary
initiative and what is being done at the recreation center. Councilman Skadron
complimented the city and the community.
Regular Meeting Aspen City Council February 11, 2008
3. Councilman DeVilbiss noted February 14`h is a RFTA board meeting in
Carbondale. It is also an EOTC meeting in Aspen at 3 p.m.
4. Mayor Ireland congratulated Noah Hoffinan who won the Owl Creek Chase and
Natalie Ward who also skied in the vent. Mayor Ireland said the high school and the
super tour had a sprint race in Wagner Park Thursday, which was exciting.
5. Mayor Ireland said the city has been receiving complaints about snow being
dumped in people's yards. Mayor Ireland said the city will be investigating this;
however, people do use the city's right-of--way for landscaping and that may be where
some of the snow is being dumped. Staff will look into all these complaints.
6. Mayor Ireland said he, too, wants a place for people to go after the theatre. No
decisions about leases in the Wheeler Opera House have been made.
7. Mayor Ireland congratulated Barak Obama for drawing more people to the Pitkin
County caucus than has ever attended. Mayor Ireland said it was record attendance all
over the state.
8. Mayor Ireland said he has been asked by the state transportation committee to poll
Council regarding an additional $100 automobile registration fee for road maintenance.
Mayor Ireland said he will do this later. Mayor Ireland said he is going to the state
transportation advisory committee meeting in Denver this week.
CONSENT CALENDAR
Councilman Johnson moved to adopt the consent calendar; seconded by Councilman
Romero.
Councilman Skadron requested the January 28`h minutes be amended on page 4, 3"~
paragraph to change "economic" to "eclectic" mix of design styles and to add medical
offices as an example of locally serving uses.
The consent calendar is:
• Resolution #4, 2008 -Council Chambers Remodel Contract
• Resolution #10, 2008 -Creation of Budget Task Force
• Request IRS for Private Letter Ruling
• Minutes -January 28, 2008, as amended
All in favor, motion carried.
ReEUlar Meetin¢ Aspen City Council February 11, 2008
ORDINANCE #2, SERIES OF 2008 -Establishment of TDR - 627 W. Main
Councilman DeVilbiss moved to read Ordinance #2, Series of 2008; seconded by
Councilman Romero. All in favor, motion carved.
ORDINANCE N0. 2
(SERIES OF 2008)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING ONE (1) 250
SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE DEVELOPMENT
RIGHT CERTIFICATE FOR THE SENDING SITE OF 627 W. MAIN STREET, LOT
B, BLOCK 25, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Councilman Skadron asked about the funds gained from the sale of TDRs. Chris
Bendon, community development department, told Council that money can be spent
however the owner chooses. Councilman Skadron asked if the remaining 146 square feet
can be developed. Bendon said it can. Currently there is over 400 square feet of
development left; selling a 250 square foot TDR will leave 146 square feet of
development. Councilman Skadron asked if there is a marketing mechanism in place.
Bendon said these are traded on the private market; it is a legal commodity. Councilman
Skadron asked if 2 TDRs are on the market, is one more valuable than another. Bendon
said a TDR is a TDR; they are no different.
Councilman DeVilbiss moved to adopt Ordinance #2, Series of 2008, on first reading;
seconded by Councilman Romero. Roll call vote; Councilmembers Johnson, yes;
Skadron, yes; DeVilbiss, yes; Romero, yes; Mayor Ireland, yes. Motion carved.
ORDINANCE #3, SERIES OF 2008 -Fire Station COWOP
Councilman DeVilbiss moved to read ordinance #3, Series of 2008; seconded by
Councilman Skadron. All in favor, motion carved.
ORDINANCE NO. 3
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING FINAL LAND USE APPROVALS AND GRANTING A
DEVELOPMENT ORDER FOR THE ASPEN FIRE PROTECTION DISTRICT
HEADQUARTERS STATION AND THE THRIFT SHOP COWOP PROJECT ON A
PROPERTY OWNED BY THE CITY OF ASPEN, LOTS O, P, Q, AND, R, BLOCK 87,
CITY AND TOWNSITE OF ASPEN AND 540 EAST MAIN STREET, A METES AND
BOUNDS PARCEL, EAST ASPEN ADDITION, BLOCK 19 CITY OF ASPEN
Councilman Romero said he is on the board of the Aspen Fire Protection District;
however, he has no conflict in this process. Councilman DeVilbiss said he is the city's
representative to the COWOP, which is not a conflict. Councilman Skadron asked why
Regular Meeting Aspen City Council February 11, 2008
there was HPC review. Ben Gagnon, community development department, said it is in
the commercial core district, which requires HPC review. P&Z had a representative on
the COWOP task force. Councilman Skadron noted the memorandum states the
commercial core zone district requirements have been met and by whose review have
they been met. Gagnon said that is a staff review to go over height, dimensions.
Councilman Johnson suggested for the public hearing there be boards of the packet
materials on the historic influences on this design. Daryl Grob, fire chief, told Council
this maybe the first to have green roof technology. Mayor Ireland stated the city has the
ability in the COWOP process to require a project be reviewed by P&Z, which review
does not do any harm. Mayor Ireland said this step may be a part of future COWOPs.
Councilman Johnson moved to adopt Ordinance #3, Series of 2008, on first reading;
seconded by Councilman Romero. Roll call vote; Councilmembers Skadron, yes;
Romero, yes; Johnson, yes; DeVilbiss, yes; Mayor Ireland, yes. Motion carried.
RESOLUTION #11, SERIES OF 2008 -Temporary Use Aspen Institute Tent
Jessica Garrow, community development department, told Council this request is for a
60' by 120' tent at the Aspen Institute with a 20' by 40' catering wing attachment. This
is a steel and canvas structure proposed to be used from June 30 to August 20, setup June
22"d and take down complete August 28~h. Staff is recommending approval of this
temporary use permit. Ms. Garrow said this is the same tent that has been used for the
last 3 years, one week shorter than 2007 and one month shorter than in 2005 and 2006.
This property is zoned Academic with an SPA overlay. The applicant would like to make
this tent permanent, requiring an SPA amendment. Ms. Garrow told Council an SPA
amendment could not be scheduled before this summer season.
Ms. Garrow noted some elements are proposed to make this more permanent and staff
does not support those. These are removing the canvas when there is a 2 week gap in
activities; installation of a permanent floor if the canvas is to be removed; construction of
an entrance and walkway canopy; installation of utilities. Ms. Garrow said these requests
move towards permanence without a full SPA review. Ms. Garrow said staff
recommends removal of the canvas during gap periods because of negative impact from
noise. Ms. Garrow noted staff recommends this temporary use without the requests listed
above, including the proposed ban of private events, and coordination of set up and take
down of other users of this area. Mayor Ireland asked why the city cares about installing
a permanent floor if the applicants understand that is a risk because they may not get SPA
amendment approval.
Jim Curtis, representing the Aspen Institute, told Council the Institute filed an SPA
amendment application in December. This has to be reviewed by P&Z and HPC as well
as Council so there was not time to get that done before this summer season. Curtis said
dealing with this on a yearly basis is not the most efficient way to go about this. This tent
is to accommodate the larger Institute events like the Aspen Ideas Festival and the visit of
the Dalai Lama. Curtis said after 3 years of use, there is a need for this facility; not daily
Regular Meeting Aspen City Council February 11, 2008
or weekly but during the 3 to 5 major events. No other facility can handle 400 to 600
people for these events.
Curtis told Council eliminating private events mostly eliminated the noise problem.
Curtis said there has been no communication from the MAA about any noise issues and
they would be happy to solve it if there is. Curtis told Council for the temporary floor,
there is a gravel base created 3 years ago, the tent people build a 2 by 4 frame over the
gravel and on the frame are installed sheets of plywood on which carpet is installed.
Curtis said if the Institute takes the canvas down and it rains, it will buckle the temporary
floor. Amy Margerum, Aspen Institute, told Council the request to take the canvas down
is a request from the neighbors. The Institute agreed to that but they need a permanent
floor. The Institute can go with the temporary floor and not take the canvas down or
install a permanent floor and take the canvas down when not being used.
Mayor Ireland opened the public hearing.
Andrew Kole suggested using this space as a rehearsal space when not being used by the
Institute. Fred Peirce, representing neighbors across the river, told Council the Institute
has been responsive over the past 3 years of this tent. Peirce noted this tent is a big
impact on property owners across the river. Peirce said the property owners feel the
canvas can be taken down if there is 2 weeks between events; the agreement is important
if it is only being used 3 or 5 times a summer. It will also reduce the impact of the
neighbors across the river. Peirce said if the tent does not come down when it is not
being used, there is no way for the neighbors to evaluate the impact of taking it down.
Ms. Margerum told Council the dates are very flexible with the Institute; for instance, the
Dalai Lama is coming to Aspen when it fits his schedule. Mayor Ireland said at the end
of the summer, it will be easy to calculate when the tent would have been down rather
than using labor to take it down and put it up. Ms. Margerum told Council there are
many conditions in the SPA amendment which will help mitigate the structure.
Councilman DeVilbiss said these events are only available to the public that can afford
the events. Ms. Margerum noted over 10,000 locals attended Aspen Ideas Festival for
between free to $10. The Tent is used for Ideas Festival.
Mayor Ireland closed the public hearing
Councilman Johnson said it was positive to approve a temporary use permit for this tent
without private events. Councilman Romero said he supports this request and also
supports that the Institute works with its neighbors.
Councilman Romero moved to approve Resolution #11, Series of 2008, Temporary Use
Permit for the Aspen Institute; seconded by Councilman Johnson.
Mayor Ireland requested the Institute at the end of the summer to create a map of what
the up and down times would have been.
Regular Meeting Aspen City Council Februarv 11, 2008
All in favor, motion carried.
ORDINANCE #29. SERIES OF 2007 - 634 E. Hyman (Wienerstube) Subdivision
Councilmembers Skadron and DeVilbiss are recused and left the meeting at 6:25 p.m.
Mayor Ireland stated at the last Council meeting, this item was continued to this meeting.
Councilman Johnson said he did not think 2 weeks was enough time for the applicant to
submit items for Council review. Councilman Johnson noted he has received a
memorandum from staff, drawings submitted by the applicant and a letter dated February
8`h . Councilman Johnson said he has not had time to review any of these materials and
will not vote on this application at this meeting.
Stan Clauson, representing the applicant, said they understood from the last meeting they
were to touch base with Council and also have the opportunity for a special meeting. The
applicants were advised there was no opportunity for a special meeting until April. The
applicants want to move forward and not wait until April. The applicants provided
responses to issues raised at the last meeting. Council agreed to have a special meeting
March 3`d at 5 p.m. Councilman Johnson suggested if Council has a continued meeting,
the applicants post a notice of that meeting.
Mayor Ireland opened the public hearing.
W. R. Walton said he would like to hear changes in the proposal as he will be out of town
March 3`d. Chazles Cunniffe told Council the neighbors have been trying to meet with
the developers and there is no dialog. Andrew Kole said he spoke to a lot of people who
work and live in town who support this project and what it offers. Sharon, Chateau
Aspen, asked if story poles can be put up on the property. Bob Baum, 704 East Hyman,
said the developers know the feelings of the neighbors but there is no discussion with the
neighbors. Toni Kronberg suggested a community meeting on this project. Junee Kirk
said most people she has spoken to are not in agreement with this project. Ms. Kirk
asked why the planning office is not working with the community and the neighbors.
Cunniffe read a letter from Christine Crandall stating opposition to the project as existing.
Mayor Ireland closed the public hearing.
Councilman Johnson noted city staff works hard to bring this community's vision as
reflected in the land use code to fiuition. Councilman Johnson said if community
members do not like what the land use code says, they should bring that to Council's
attention. Councilman Johnson stated this is the community meeting and there is not a
requirement for another layer of public meeting. Councilman Johnson said there are
letters from Morton Gurrentz and Robin Daniel that the applicant should see as well as
another anonymous missive.
Councilman Romero moved to continue Ordinance #29, Series of 2007, to March 3 at 5
p.m.; seconded by Councilman Johnson. All in favor, motion carried.
Regular Meeting Aspen City Council February 11, 2008
Councilman Romero moved to adjourn at 6:55 p.m.; seconded by Councilman Johnson.
All in favor, motion carried. ,( /~y f /
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Kathryn oc ,City Clerk