PROCLAMATION
– Aspen High School Football Team
OUTSTANDING
EMPLOYEE BONUS AWARDS
· December
Council Meetings – December 3, and 10.
· Resolution
#92, 2007 – Contract Re-build One Compressor at the Aspen Ice Garden
· Minutes
– October 9, 22, 29, 30, 2007
ORDINANCE
#49, SERIES OF 2007 – GMQS Review Christ Episcopal Church
RSOLUTION
#93, SERIES OF 2007 – 2008 Mill Levy
RESOLUTION
#94, SERIES OF 2007 – Adopting 2008 Budget
ORDINANCE
#48, SERIES OF 2007 – Code Amendments Historic Preservation
ORDINANCE
#46, SERIES OF 2007 – Extension of CC Business Mix and Historic Interiors
Mayor
Mayor
1. Jim DeFrancia, Rotary Club, reported on the 16th annual Ducky Derby held in August. The event raised $160,000; $90,000 of which went to youth groups in the Valley; $24,000 to the World Service Foundation and $40,000 to other non-profits. DeFrancia thanked all the city departments who helped make the event happen.
2. Toni
Kronberg noted the Veteran’s Day celebration was the best attended in the last
20 years.
3. Mike Maple
stated 4 months ago the community got off track with Ordinance #30 and it is
time to recommit to the fundamentals of the Aspen Area Community Plan. James True, special counsel, told Council the
citizens’ committee has an alternative ordinance they would like to present and
Council will have to add it to the agenda if they are interested.
4. Jack Wilkey
brought up ballot question 2C stating the hydroelectric plant will be 11,770
square feet. Wilkey said that sounds
like a rather large building. Mayor
5. Pam
Cunningham, general manager Aspen Alps, complimented the engineering department
and told Council they are terrific to work with. Ms. Cunningham asked if the storm water
project is being integrated with
1. Councilman Skadron said he recently received a compliment about Teraissa McGovern, building department, about her efficiency and depth of knowledge and would like that passed on.
2. Councilman
Romero noted he attended the
3. Councilman Romero announced November 27th at 7 p.m. the Wheeler Opera House is having a free screening of The Last Ridge, about the 10th Mountain Division.
4. Mayor
Ireland said the Aspen Ski company lost employee housing in a recent fire. It
will not be rebuilt before this winter to meet their needs. Mayor
5. Mayor
Ireland said the city will form a citizens’ committee to study the city’s
finances, reviewing the scope of services offered, and the efficiencies. Mayor
6. Councilman Romero moved to add Mike Maple’s proposed ordinance to the agenda; seconded by Councilman Skadron. All in favor, motion carried.
7. Councilman DeVilbiss reported he attended the RFTA Board meeting and the board decided to buy fuel futures.
8. Mayor
Ireland said he attended the Governor’s transportation task force and next
Thursday they are recommending to the governor funding levels and sources to
support transportation in
Councilman Johnson moved to approve the consent calendar;
seconded by Councilman Romero. The
consent calendar is:
Councilman DeVilbiss noted he is abstaining on the minutes of October 22 and 30 as he was not present for those meetings.
All in favor, with the abstention noted above. Motion carried.
Councilman Romero and Councilman Johnson recused themselves as members of Christ Episcopal Church.
Councilman DeVilbiss moved to read Ordinance #49, Series of 2007; seconded by Councilman Skadron. All in favor, motion carried.
ORDINANCE
N0. 49
(SERIES OF 2007)
AN ORDINANCE OF THE
CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL
PUBLIC FACILITY FOR 536 W. NORTH STREET,
Lots 11, 12, 13, 14 AND 15, Block 99, HALLAM’S ADDITION, City and Townsite of
Aspen, CO, Pitkin County, cOLORADO
P&Z granted a conditional use amendment, special review to establish the parking requirements, setback variances and recommended in favor of growth management by a vote of 4 to 1. Staff finds this application consistent with the goals of the AACP and that the criteria are met. Ms. Adams said she would schedule a site visit if Council desires.
Councilman Skadron asked what impact the 30% increase of
floor area will have on the immediate neighbors. Ms. Adams said she will request the architect
do a context drawing for 2nd reading. Councilman Skadron asked if this church were
not classified as an essential public facility, would the additional square
footage have been allowed. Ms. Adams
said the church is a conditional use and needs an amendment of the conditional
use due to the square footage increase.
Councilman Skadron said he would like to know the steps taken to get the
extra square footage and did that include this being categorized as an
essential public facility, which allows additional benefits. Ms. Adams said there is a precedent in
Councilman Skadron said he would like more discussion of the use of essential public facility as a tool at second reading and that the use of essential public facility is not being exploited. Councilman Skadron said he would like more explanation of Dylan Johns’ comments at the P&Z meeting
Councilman Skadron moved to adopt Ordinance #49, Series of
2007, on first reading; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers DeVilbiss,
yes; Skadron, yes; Mayor
Mayor
Paul Menter, finance director, told Council the current mill levy is 5.41 mills or $5.41/$1000 of assessed value. Menter said this resolution proposes to keep the city’s mill levy at the same level as the last two years and the voter approved TABOR excess rate of 5.41 mills. This would generate $6.65 million in property tax revenue. Menter noted property tax is the second largest source of operating revenue for the city. The property tax revenue is used to fund general fund operations and general government capital improvement program. Menter pointed out the calculated revenue under the TABOR excess limit is $6.65 million and about $4.68 million of that is within the constitutional TABOR limits. This $4.68 will be split between the general fund operating budget and for the 2008 asset management capital budget.
Menter said the excess amount of $1.976 million has been set
aside to be used for the 4 voter approved projects; Jenny Adair wetlands,
purchase of hybrid buses, the
Another option is to lower the mill levy rate to cover the projects approved by the voters, which would be 4.45 mills. This would save the owner of a residential property $75/$1 million of assessed valuation. A third option is that last week, the voters approved a .65 mill levy increase to fund the storm water project. Council could reduce the general mill levy over the amount approved. Resolution #93 keeps the mill levy at its current rate.
Councilman Romero asked about the budget estimates for the
voter approved projects and how detailed are these estimates.
Mayor
Rachel Richards encouraged Council to keep the mill levy the
same. Ms. Richards noted the outdoor
pool is not yet built; the buses on city routes are not all hybrid; the sidewalks
are not
Toni Kronberg encouraged Council to keep the mill levy at
5.41 mills and to complete the projects that voters approved. Bill Wiener asked if projects in the proposed
budget required further Council action, like housing on the Red Brick
school. Mayor
Coleen Burrows noted people’s salaries do not go up
45%. Some residents have put all their
money into real estate with large mortgages.
Ms. Burrows asked Council to think about how much citizens can afford to
keep this community fabulous. Catherine
Garland said it was not made clear when the voters voted on these projects that
it would result in a 45% tax increase.
Donna Thompson asked if
Dusty Hamrick said investments are not going up 45%/year. Ms. Hamrick said rental units cannot be increased 45%. The taxes in 2006 were increased over the year before. Craig Ward suggested instead of raising the tax 45%, raise it by 15% and then raise it another 15% the year after. A 45% in one year is excessive and salaries and budgets do not increase that much. Terry Hale said this and the budget are about the public’s trust of Council and their programs. Hale said it is important to have that trust. Hale said if Council does not build confidence, people will not support things like historic preservation.
Mayor
Councilman Johnson asked what proportion of the property tax
bill is the city. Menter said the city’s
share is about 20% of the total. Councilman
Romero said he wants to make sure the city is not constrained from funding the
3 remaining voter approved projects.
Councilman Skadron said he would like this item continued so he can
review all 3 options presented by staff.
Mayor
Councilman Johnson said the Council did not create the increase
in property values and higher tax bills.
Councilman Johnson noted there are at least 14 other taxing districts,
like
Councilman Romero moved to set the mill levy for 2008 at 4.76 mills; seconded by Councilman DeVilbiss.
Steve Barwick, city manager, recommended against a permanent mill levy reduction. Barwick said the law is set up so that the mill levy cannot go up without voter approval. Barwick noted there may be times in the future with a property value decrease or with a need for more projects. Barwick said the city should operate within temporary tax reductions.
Councilman Romero in favor; everyone else opposed. Motion NOT carried.
Mayor
Councilman Romero said he would like to hear from the citizens’ task force on this issue. Councilman Skadron said he has some unresolved questions and is not convinced this is the appropriate mill levy rate.
Councilman Johnson withdrew his second.
Mayor
Paul Menter, finance direction, noted the total requested budget including interfund transfers is $104,744,000. Menter noted the operating budget is $47.4 million, a 12% increase over 2006, this increase is based on an increase for demand for services; a capital budget of $33.3 million, which is consistent with the annual capital improvement program; and a debt service of $5.7 million. Menter said next year this will decrease 42% as there will be an advance refunding of Truscott bonds.
Menter pointed out $84,386,000 total expenditure appropriations; interfund transfers total $20.4 million equaling $104 million appropriations. Menter showed noted the non-payroll increases are 2.1%; payroll costs increases for 295 full time staff and about 100 part time and seasonal employees are $23.5 million, which is 3.3% increase and covers inflation and merit raises. Menter said there were 6 FTEs added to the budget by Council in 2007, which are incorporated into the full year budget totaling a 1.3% increase.
Menter noted one-time new funding requests for all departments amounts to $465,000 and includes a one-year FTE for community development department and consulting services for the AACP and outside office rental space. There is $1,025,000 funding requests for on-going new funding requests including 6.5 additional FTEs. There is an increase in marking transportation funding which is a pass through from the 1% lodging tax, half goes to ACRA and half pays for in-town transportation through RFTA. Menter pointed out there is an increase for the proposed city-employee housing of $140,000 and construction fund of $950,000 of contributions from existing operating funds to finance construction of 100 units of housing over the next 10 years.
Mayor
Mayor
Toni Kronberg said this week the EOTC is meeting and will
discuss a possible pedestrian bridge at Buttermilk as well as reinstating the
free bus service between
Mayor
All in favor, motion carried.
Bendon said in first reading of #48, Council was presented with options and gave direction on all options except the provision for economic considerations for designation. Bendon said staff has been working with the citizens group to make changes to the ordinance and this is a much improved ordinance.
Amy Guthrie, community development department, noted the definition section was amended to define new terms or define review processes that have not existed before. Potential historic resources is how the list is described, the purpose of the list, how properties get off the list. One of the purposes of Ordinance #48 was that Council wanted to move away from the idea every property 30 years or older is subject to regulation. The list contains staff’s recommendation for properties that are worth discussing. Ms. Guthrie told Council staff looked at integrity, how many alterations to a property, was there a specific architect, how refined of an architectural example was the building is how the list was built.
Ms. Guthrie noted this list will not be expanded for 10 years; it can be amended as properties go through the designation process and are not approved for designation, they will be taken off the list. Interior remodel, basic maintenance work and minimally intrusive work is exempt from this ordinance. Ms. Guthrie said if a property owner wants to know whether their property should be on or off the list, the community development director will use the existing landmark criteria to develop a preliminary conclusion whether the property has significance. If the community development director determines a property does not have historic significance, HPC and Council have a few days to object; if they do not object, the property is off the list. If the community development director determines there is historic significance, the ordinance outlines the next step in the review process.
Ms. Guthrie noted the ordinance outlines how a property owner can confirm their property is not on the list. Ms. Guthrie pointed out there has been an effort, in writing the ordinance, to put the property owner in control of the pace of the process. The ordinance contains penalty provisions if someone does work without an approval. Ms. Guthrie said the actual designation is similar to the existing process with amendments on dealing with post WWII properties. The criteria for historic designation have not been changed and these should be addressed by the citizens’ task force. Ms. Guthrie pointed out in the existing ordinance a property has to meet one out of three criteria for designation; this states a property has to meet two criteria.
Ms. Guthrie said the notion that if a property owner could not prove a property was built less than 30 years ago, it would be assumed that to be the case. This ordinance is more flexible on that issue. The ordinance requires staff submit their memorandum to the property owner 30 days in advance of the HPC hearing on designation. The ordinance outlines the landmark process; HPC makes a recommendation to Council. If there is an involuntary designation, HPC has to approve that by super majority. If super majority is not received, the matter will die and not go to Council. If the property proceeds to Council, they will hear a recommendation from HPC as well as getting an economic impact report, if requested by the property owner. If Council denies a landmark designation, the property cannot be brought up for designation again for 10 years.
Bendon told Council there are 3 options for economic impact. The first asks Council to consider whether there has been a taking as a result of designation, the removal of all use of a property. The 2nd and 3rd options rely on an economic impact examination panel; the ordinance outlines how the panel will be constituted and what they go through. The panel will be a volunteer board whose members have expertise in the industry. The economic impact panel will make a determination and report to Council. In option 2, Council is asked to provide mitigation to the property owner if the economic impact is unreasonable. In option 3, Council is asked to provide mitigation to the property owner in any circumstance. Mitigation would be financial compensation and could also be benefits.
Bendon presented language to modify option 2; one is to allow Council to pay the economic impact and to provide them with staff assistance. The amended language states it is at Council’s sole discretion to mitigate a property owner.
Ms. Guthrie noted if this ordinance is adopted, property owners on the list will be notified by registered mail. Some property owners already received a determination through Ordinance #30; this can be extended to 10 years. Ms. Guthrie said there is a provision in this ordinance that HPC begin to narrow the list and they are designing a process by which they can accomplish that.
Bendon noted at first reading, the idea of a “public defender” was brought up. The ordinance allows the city to retain an expert. Bendon suggested a top set number for mitigation per property. Ms. Guthrie asked that Council give staff direction on the policy task force, the application process and that while the policy task force is completing its work, the city will not undertake any designations without owner consent.
Mayor
Mayor
Councilman Skadron stated he does not support Ordinance #48. Councilman Skadron said he does not support the notion of the city writing a check to property owners. The 10 year window may have unintended consequences. Councilman Skadron said he is uneasy with the precedent of codifying a super majority. Councilman Skadron said he will support a repeal of Ordinance #30 and ask for a suspension by the city of designation of properties for a certain period of time. Councilman Skadron said he would like historic preservation be improved by an objective group of citizens in order to get improved criteria, and the process which leaves a historic preservation code that is credible and fosters a valid basis for designating properties.
Mayor
Mayor
Amy Margerum, representing the Aspen Institute, noted the Aspen Institute is under an approved master plan, which provides for historic review. Ms. Margerum asked if the grounds, as well as the buildings, are under this ordinance. Ms. Margerum told Council the Institute has gone through reviews with the HPC and the end result was a better project. Ms. Margerum said if the city is going to add properties to the historic list, Council has to ask management to look into the time and money it takes to go through the HPC process; it is onerous and costly, especially for a non-profit organization. Ms. Guthrie said the grounds of the Institute are not protected. Ms. Margerum stated she is vehemently opposed to designating the grounds of the Institute.
Councilman DeVilbiss moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Romero. All in favor, motion carried.
Pam Cunningham, Aspen Alps, submitted a letter opposing the inclusion of the Aspen Alps on the list of historic properties. Terry Hale said Council has a chance to revisit the entire concept of historic preservation, not just Ordinance #30. Hale said this has not been a waste of the past 4 months but is an opportunity to rewrite the historic preservation code with input from builders and architects and other community members so that it is something the community is proud of.
Chip Freeman submitted a letter on this issue with all his thoughts. Helen Klanderud asked what rationale has been used to have the properties on the list, on the list. Ms. Klanderud said all properties should be taken off the list until there is a historic preservation code that the community can accept and support. Ms. Klanderud said there are no criteria as to who are notable architects, what in modern buildings is truly extraordinary and ought to be preserved. Ms. Klanderud said one needs to be able to look back and see what stands the test of time, more than 30 or 40 years.
Les Holst said he supports historic preservation which leads to a viable economic community. Historic preservation is about scale and massing. Holst suggested designating the entire town, which would preserve property values for everyone.
Connie Harvey said the city has discretion on whether property owners receive compensation which will set up resentments and entanglements which does not make a lot of sense and is a dangerous and unpleasant approach. Toni Kronberg said she supports historic preservation and passage of this ordinance. Mark Friedberg said he has looked at the majority of properties on this list. Friedberg said the city should be looking for a sense of reasonableness in trying to approach the goal of what the buildings are that are meaningful in contributing to the welfare of Aspen. Friedberg said without the community input and review of criteria for post WWII buildings, there will not be resolution. Friedberg said the time that has been put into this will help the community think more clearly about what they want as the end result.
Marilyn Marks said much of input has been citizens saying the community ought to be involved in this process. Council needs to find out what the community wants. Ms. Marks said major changes have been made to Ordinance #48; however, it is still overly complex and expensive to property owners. Ms. Marks said the ordinance leads to a lack of support and goodwill for a historic preservation program. Ms. Marks said the list of historic potential properties feels flawed and arbitrary. Ms. Marks said this is not consistent with the AACP, such as buildings should not take precedence over people who live in them.
Mike Maple aid his proposed ordinance would repeal Ordinance
#30 and revert back to the 2002 code.
The task force could go forward and update historic codes. Maple suggested Ordinance #48 could be
amended by deletions throughout the ordinance leaving only 100 year old
structures protected. Christina Crandall
said protecting structures in
Jack Wilkey said he has only received one letter and has no
idea why his building is on the list of potential historic structures. Scott Hicks asked the process to exercise
one’s right to do future development on the property. Hicks said in his experience there is a lot
of subjectivity to historic preservation and review and it took him two years
to get through a historic approval process.
Henry Hite said some of the post WWII buildings are not energy efficient
and need to be torn down. Pierre Wille,
Tyrolean Lodge, told Council this property is already in the
Jesse Boyce said finding ways to remodel potential historic
structures in a tasteful way and help with the canary initiative would be a
good thing. Boyce suggested coming up
with an incentive or funding source and let people come to the city to see what
benefits there are in historic preservation.
Susan Capiel Collin stated she supports the majority of the comments. The city needs to start over and scrap the
list.
Bill Wiener said governments do things that increase or
decrease property values; things that are good for neighborhoods or bad for
neighborhoods. Wiener noted when
properties are upzoned and people’s values go up, they do not offer to pay the
city for the difference in property values.
Wiener said one reason
Mayor
Councilman Johnson moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman Romero, All in favor, motion carried.
Councilman Johnson said there is fear and distrust in the
community over this issue. Councilman
Johnson said there has been misinformation throughout the community. Councilman Johnson noted he has stated a list
is an easy way to treat people unfairly rather than treating everyone the same.
Councilman Johnson said he feels the
past 4 months could have been better spent with a large community discussion on
historic preservation. Councilman
Johnson said the city was to draft an interim ordinance and got off track. Councilman Johnson said other issues are
values that
Councilman Romero reiterated he would like to drop Ordinance #48 and repeal Ordinance #30 and start over. Councilman Romero agreed there are core principles over preservation; however, there are many different definitions surrounding preservation. Councilman Romero said if the two ordinances are repealed, he would like the city to suspend all designations and let the process go through its steps.
Councilman DeVilbiss said he would like to see written legislation to accomplish what other Council has discussed so it can be voted on. Councilman Skadron said he feels it is appropriate to repeal Ordinance #48. Councilman Johnson said he would be willing to work with staff to draft an ordinance outlining the duties of a task force. Councilman Johnson stated he does not support any action that would provide no protection for historic properties. Councilman Johnson said he would like the task force to make recommendations to Council first. Councilman Johnson stated what is needed is a balance between economic fairness and historic preservation.
Councilman Romero said he feels repealing Ordinance #48 is not as much of a component of historic preservation but as a restoration of community relations. Councilman Johnson stated new legislation to replace Ordinance #30 is needed before anything is repealed. A task force ought to be charged with protection of the structures that have been discussed over the past 4 months. Councilman Johnson agreed Ordinance #48 should be dropped and Ordinance #30 should be repealed when there is some other legislation in place.
Mayor
Mayor
Councilman Skadron agreed with a suspension of the city involuntary designations, which means no list. Councilman Skadron stated his intention is to repeal Ordinance #30 and to return to procedures before that.
Councilman DeVilbiss moved to suspend the rules and extend the meeting to 11:15 p.m.; seconded by Councilman Johnson. All in favor, motion carried.
Mayor Ireland moved to continue Ordinance #48, Series of 2007, to 11/26 with the direction to strike all language other than demolition review of the list on exhibit A, put a time limit of 6 months at which time the ordinance sunsets and to create a task force to consider all the issues raised by this and to allow in the interim with the existing standards that the HPC further narrow the properties while the citizen committee is operating; seconded by Councilman Johnson. All in favor with the exception of Councilmembers Skadron and Romero. Motion carried.
Councilman Johnson moved to continue Ordinance #28, Series of 2008, 508 East Cooper and Resolution #95, Series of 2007, Extension of Vested Rights 110 East Bleeker, to November 13th at 3 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried.
Mayor
Councilman DeVilbiss moved to adopt Ordinance #46, Series of
2007, on second reading; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers Johnson, yes;
DeVilbiss, yes; Romero, no; Skadron, yes; Mayor
Councilman Johnson moved to continue the meeting to November
13th at 3 p.m.; seconded by Mayor
Kathryn S. Koch, City Clerk