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HomeMy WebLinkAboutminutes.council.20001113 Reg. lar Meeting Aspen City Council November 13, 2000 CITIZEN COMMENTS ............................................................ 1 COUNCILMEMBER COMMENTS .............................................. CONSENT CALENDAR ........................................................... 2 Councilman Markalunas moved to approve the consent calendar as amended; seconded by Councilman Hershey. The consent calendar is: .4 · Resolution #114, 2000 - Meadows Lots 8,9, 10 Supplemental Agreement ............................................. , ............................ 4 · Ordinance #52, 2000 - Supplemental Appropriations for 2000 ......... 4 · Ordinance #54, 2000 - St. Mary's Final PUD ............................. 4 · Resolution # 143, 2000 - Contract Burlingame COWOP - DHM Design ....................................................................... ........ 4 · Resolution #144, 2000 - Contract Knollwood/Eastwood Trail - Basalt Construction Company, Inc ..................................................... 4 · Resolution #145, 2000 - Settlement Agreement with Snyder Architects ........................................... .... ............................ ...... ...4 ORDINANCE #50, SERIES OF 2000 - Stay on Additional Historic Inventory Properties ................................................................. 4 ~.....-.. ORDINANCE #51, SERIES OF 2000 - Sandunes Zoning .................... 7 ORDINANCE #48, SERIES OF 2000 - Petrick Initial Zoning ............... 7 ORDINANCE #44, SERIES OF 2000 - Petrick Annexation ................. 7 RESOLUTION #106, SERIES OF 2000 - Kaplan Annexation ............. 11 13 Regular Meeting Aspen City Council November 13, 2000 Mayor Richards called the meeting to order at 5:00 with Councilmembers Markalunas, Hershey, and McCabe present. OUTSTANDING EMPLOYEE BONUS AWARDS Outstanding employee bonus awards were presented to Charles Bailey and Brian Slatter of the Water department; Sheila Babbie and Debbie Pearce of the finance department; and Paul Kulik, parks and recreation department. CITIZEN COMMENTS There were no comments. COUNCILMEMBER COMMENTS 1. Councilman McCabe said he was invited to the Elks Lodge in honor of Veteran's Day. Councilman McCabe said the Elk's do a lot for the community besides just being a social club. Councilman McCabe noted the Elk's provide scholarships for children to attend ~ junior hockey, they contribute to the Aspen Valley Ski Club. The Elk's contributes money to various sports organizations in the valley and sponsors sports team. The Elk's helps the Brownie Troop, the · city's recreation programs and gives lots of money to scholarships. 2. Councilman Hershey noted at the election last week, the city's open space tax, visitor's tax for transportation and marketing, and the regional transportation authority all passed. 3. Councilman Hershey said he is concerned about the condition of city streets and this will be addressed at a work session next week. 4. Councilman Markalunas thanked the voters for supporting the open space tax as well as the RTA. Councilman Markalunas said since the open space tax passed as well as the question supporting payment of Bass Park with open space monies; he would like to address renaming Bass Park. Councilman Markalunas proposed this land be renamed "Francis Whitaker Park". Whitaker was a former Councilperson, was a champion of conservation and preservation of open space. Whitaker was instrumental in passage of the original open space sales tax as well as the first lease for this' property. Regular Meeting Aspen City Council November 13, 2000 Councilman Markalunas said naming this after Whitaker would be an appropriate was to remember Whitaker. Bob Myers told Council he worked with Francis Whitaker from 1970 to 1975. Bass Park was dear 5o Whitaker. Myers told Council the National Blacksmithing Council would be interested in doing a memorial to Whitaker. Hal Clark thanked everyone who worked on passage of the .5 % open space sales tax and on "Friends of Bass Park". Mayor Richards noted the sales tax does not become effective until January 1, 2001, and staff will be working on a possible bond package for open spac6. Councilman Markalunas moved to direct staff to bring a resolution to the December 11t~ Council meeting renaming Bass Park "Francis Whitaker Park"; seconded by Councilman McCabe. All in favor, motion carried. 5. Steve Barwick, city manager, reminded Council of the work session on the Civic Center master plan, 4 p.m. Tuesday, November 14. 6. Steve Barwick, requested Council add Resolution #145, Series of 2000, to the consent calendar. This resolution is a settlement with the architects of Snyder Park. John Worcester, city attorney, reminded Council when Snyder Park was designed, the architects failed to account for some handicap access issues and this cost the housing authority $40,852. The architects' insurance company has agreed to settle and this resolution authorizes the city to release these claims. Councilman Hershey moved to add Resolution #145, Series of 2000, to the consent calendar; seconded by Councilman McCabe. All in favor, motion carried. CONSENT CALENDAR Councilman Hershey moved to read Ordinances #52 and 54, Series of 2000; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #52 Series of 2000 2 Regular Meeting Aspen City Council November 13, 2000 AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $654,217; TRANSFERRING $50,000 FROM THE GENERAL FUND TO PARKS AND OPEN SPACE FUND; TRASNFERRING $250,000 FROM THE GENERAL FUND TO THE PARKS AND RECREATION BOND FUND; APPROPRIATING WHEELER FUND EXPENDITURES OF $86,000; TRANSFERRING $50,000 FROM THE WHEELER FUND TO THE GENERAL FUND; APPROPRIATING PARKS & OPEN SPACE FUND EXPENDITURES OF $1,077,280; APPROPRIATING AFFORDABLE HOUSIND/DAY CARE FUND EXPENDITURES OF $825,562; TRANSFERRING $50,000 FROM AFFORDABLE HOUSIND/DAYCARE FUND TO THE GENERAL FUND; APPROPRIATING WATER FUND EXPENSES OF $191,150; TRANSFERRING $99,000 FROM THE WATER FUND TO THE GENEARL FUND; APPROPRIATING TRANSPORTATION/PARKING FUND EXPENDITURES OF $45,000; APPROPRIATING GOLF FUND EXPENDITURES OF $285,000; APPRPRIATING EXPENDITURES OF $21,100 IN THE RED BRICK CAPITAL PROJECT FUND; TRANSFERRING $25,000 FROM THE ELECTRIC FUND TO THE GENERAL FUND ORDINANCE #54 Series of 2000 AN ORDINANCE oF THE ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) FOR ST. MARY'S CHURCH, LOCATED AT 104 SOUTH GALNEA STREET, LOTS A-I, BLOCK 93, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO 3 Regular Meeting Aspen City Council November 13, 2000 Councilman Markalunas moved to approve the consent calendar as amended; seconded by Councilman Hershey. The consent calendar is: · Resolution #114, 2000 - Meadows Lots 8,9, 10 Supplemental Agreement · Ordinance #52, 2000 - Supplemental Appropriations for 2000 · Ordinance #54, 2000 - St. Mary's Final PUD · Resolution # 143, 2000 - Contract Burlingame COWOP - DHM Design · Resolution//144, 2000 - Contract Knollwood/Eastwood Trail - Basalt Construction Company, Inc. · Resolution #145, 2000 - Settlement Agreement with Snyder Architects All in favor, motion carried. ORDINANCE #50, SERIES OF 2000 - Stay on Additional Historic Inventory Properties Julie Ann Woods, community development department, reminded Council this ordinance would grant a 4 month stay on properties known as post World War II properties and identified to be included on the historic inventory. Ms. Woods reminded Council on October 23 they passed an ordinance for a stay on buildings that were 50 years or older. This is a stay on demolkion permit applications for properties currently being considered for inclusion on the inventory. There are 24 properties to be included on the list. Ms. Woods told Council since November 1st, staff has received demolition permits on 4 properties; 413 West Hopkins, 531 Walnut, 555 Walnut street, and 707 West North Street and these properties have not been included on this list. Staff recommends approval of this ordinance in order to have 4 months to determine if these properties should be included on the inventory. 4 Regular Meeting Aspen City Council November 13, 2000 Jeffrey Halferty, HPC, encouraged Council to give staff and HPC this 4 months. Greater research is being done on properties that have contributed to the history of this ski town. Mayor Richards opened the public hearing. Bill Hodges, representing Elaine Hodges 615 Gillespie, said his client objects to her property being included on this inventory and also objects to this extension of the moratorium. Hodges said this property does not have any historic significance other than being design by Fritz Benedict. Hodges said not every house designed by Benedict is on this list. Hodges said being on this list is an unfair burden to property owners when the guidelines are not clear to make a determination of historic value. John Kelly, representing Holenbeck/Shields at 765 Meadows Road, and 211 West Hopkins, said staff and HPC did not follow the code in putting houses on this list that are neither historically representative of modern forms of architecture nor are 50 years old. Kelly noted Section 26.420.080, establishment of an inventory of historic sites and structures was not followed. Kelly said the equitable thing is to throw out this list, get an independent expert on historic preservation and start again. Kelly said his clients are long time second home owners, do not live in Aspen full time, do not want to tear down their houses, do not want to be listed . . on the inventory, and have to hire an attorney to go to every meeting. Mayor Richards said Council has agreed to review the inventory list with an expert and to look at whether any of these properties should remain on the list. This discussion is whether to continue the demolition moratorium on these properties until the process is reviewed. Kelly said people should be able to get off this list whether they want a demolition permit or not. Kelly said he has a letter from an architect stating these properties should not be included on this list. Kelly submitted a letter from Tim Hagman for the record. Lisa Markalunas, HPC, encouraged Council to proceed with the process. Ms. Markalunas said there is a list for consideration. HPC will get outside consultants and work with the property owners toward a common goal. 5 Regular Meeting Aspen City Council November 13, 2000 Mayor Richards closed the public hearing. Councilman Markalunas said it is ironic that in trying to prevent demolition, demolition has been precipitated. Councilman Markalunas said he feels age of a structure should not be the only criteria for historic preservation but events, circumstances and people determine the historic value of property. Councilman HersheY said the research should have been done by HPC and staff before this time. Councilman Hershey said many of the properties on this list is not historic. Councilman Hershey said he cannot support an extension of the moratorium for houses less than 50 years old. Councilman McCabe said the city determined to look at structures over 50 years old; this list ignores than standard. Councilman McCabe said he does not want to hold these property owners up while the city goes through the process. Mayor Richards said it is time to get back to the intention of historic preservation in Aspen. Mayor Richards said it is the obligation of the city to look at a larger list and any properties that may be appropriate to be evaluated. Mayor Richards said staff should proceed with evaluation, contact property owners to discuss the incentives and the value of historic designation. Mayor Richards moved to adopt Ordinance #50, Series of 2000, on second reading; seconded by Councilman Markalunas. Councilman Markalunas said it is not fair to criticize HPC for trying to do their job in good faith. Councilman Markalunas supports the ordinance and feels HPC has done its job in an attempt to preserve the history of Aspen. Mayor Richards agreed the HPC has done good work; however, she is not supporting the ordinance in an effort to get back to the right process. Roll call vote; Councilmembers Markalunas, yes; Hershey, no; McCabe, no; Mayor Richards, no. Motion NOT carried. 6 Regular Meeting Aspen City Council November 13, 2000 ORDINANCE #51, SERIES OF 2000 - Sandunes Zoning Fred Jarman, community development department, reminded Council they approved annexation and subdivision for this property at their last meeting. Jarman noted Council wanted a greater setback from Main street on lot 2. Staff is working with the applicants to resolve this issue and it should be complete by November 30. Jarman said this ordinance would zone this recently annexed property R-15. Jarman showed Council where this parcel is located and lot 1 is 50,000 square feet and lot 2 is 20,000 square feet. P& Z recommended R-15 zoning for this property. Jarman told Council the purpose of the R-15 zone district is long term residential. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Hershey moved to adopt Ordinance #51, Series of 2000, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers McCabe, yes Hershey, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. ORDINANCE #48, SERIES OF 2000 - Petrick Initial Zoning ORDINANCE #44, SERIES OF 2000 - Petrick Annexation John Worcester, city attorney, noted the city would not have jurisdiction to zone the Petrick property until after it is annexed. Worcester suggested these be discussed annexation first, then zoning. The applicant does not want to annex unless they have a sense what the zoning will be. Nick Lelack, community development department, showed the location of the Petrick property. Lelack told Council the land use application consists of 8040 greeniine review, residential design standards, two ADUs, zoning and annexation. The 8040 and residential design standard reviews are not applicable as the exterior of the building is not being changed. ADUs can be reviewed and approved administratively. P & Z considers zoning and makes a recommendation to Council. Staff and P & Z recommend R-15, moderate residential, which will allow a single family residence or duplex and up to two ADUs. R-15 is the zone district to the east. 7 Regular Meeting Aspen City Council November 13, 2000 Lelack reminded Council neighbors are concerned about density, parking and traffic. Another issue is that the north driveway was not legally approved in the county and access to that driveway crosses private property. Council conducted a site visit with staff and some neighbors. The applicant, Rick Petrick, has been trying to meet most of the concerns within his control. Lelack said the benefits of annexation would be real estate transfer tax, two ADUs, payment to Pitkin Mesa Drive improvements, end to construction, and slope stabilization. Lelack said the neighbors did not want two ADUs on site. Lelack said the recommendation is one ADU, deed restricted to mandatory occupancy. Lelack noted there is no way to accommodate parking for two ADUs. Lelack said another issue is slope stabilization. The applicant has stated they not be required to spend more than $50,000 on the property. Lelack said staff feels $50,000 may not do much toward stabilization. The condition of approval requires the applicant to fully stabilize, the slope within 5 years. If that does not happen, the city would become involved and would file a lien against the property. Lelack said staff recommends against annexation as the slope stabilization is an unknown and staff does not want to get involved in this. Mitch Haas, representing the applicant, stated they do not feel there are no conditions under which this project can be acceptable. Haas said the applicant feels the terms will work and will address all issues that have arisen. Haas said the applicant will do one or two ADUs, if required, mandatory occupancy, if required. Haas noted the agreement requires the applicant do a plan for slope stabilization and landscaping, and that the parks department and staff approve. The applicant is required to post a $50,000 letter of credit requiring this plan be implemented within 5 years. If the implementation is not done to the city's satisfaction in 5 years, the city will cash it in and do the work required. Haas said if $50,000 does not cover the work on the slope, a lien will be placed on the property for the balance of the work. Haas said there is a plan to abandon and re- landscape the north driveway~ Haas said some of the problems with this property are the history of the previous owner. Haas said the deadline on exterior construction is 8 Regular Meeting Aspen City Council November 13, 2000 February 1st. There will be a regrading plan for the south driveway. The only issue is the slope stabilization plan. Haas said an enforcement issue would be parking on the street, which is an enforcement issue with or without annexation. Haas said without annexation, the property stays in the county and there are no assurances these issues will be addressed. Haas said in the county, the applicant can apply for conversion to a duplex and also for a caretaker unit. In the county, the building could be expanded to 15,000 square feet. Haas said the structure is there and it will not be restored to pre-development conditions. Rich Petrick said he is trying to find an agreement that will satisfy everyone. Petrick told Council he met with Ed Sadler, asset manager, who felt the slope could be stabilized for $50,000 to $100,000. There would be terraces reinforced with steel I-beams and some plateaus. Petrick said transferring all the liability m him for the geologic hazards does not seem quite fair. Mayor Richards opened the public hearing. Art Phillips, neighbor, said there is not enough room for cars and parking with a duplex and two ADUs. Penny Richey said Petrick inherited these problems and it will takes more than one person to fix the problems. Worcester said the agreement should be amended to read $100,000 and three years. Petrick said the agreement states "shall stabilize all slopes" and he thought it should be slopes disturbed by the previous owner from their natural state rather than all slopes. Petrick said he has agreed to change the amount to $100,000 and the time to fix the slopes to 3 years. Councilman Hershey agreed the previous owner built in a site that perhaps should not have be.en built on. Mayor Richards asked what would be the city's liability if the annexation is approved, the agreement is accepted, the slope stabilization work is not done, a lien is filed, there is a mudslide and the land cannot be revegetated. Worcester said paragraph M requires the applicant to stabilize the slopes within 3 years for $100,000. If none of the work is done within 3 years, there would be a lien on the property. The city would not technically have liability but may have pressure from neighbors to solve the slope problem. 9 Regular Meeting Aspen City Council November 13, 2000 Haas said $100,000 commitment is more than is going toward the slope stabiliz.ation now. Haas said the applicant has indicated they would hole the city harmless for any problems or liabilities occurring from the slopes. Without this agreement, the city is probably still liable as the slopes cross a public right-of-way before any houses are reached. Petrick noted the agreement states, "failure to comply with this pre-annexation agreement by the landowner shall lead to de-annexation". Mayor Richards said the issues for her are slope stabilization and parking. Mayor Richards noted there are a lot of duplexes in this area and she does not have an issue with creating a duplex on this site. Mayor Richards said it would be nice for some of these issues to be cleared up, like the north driveway and landscaping. Mayor Richards said she would favor annexation just to get money spent on slope stabilization. Councilman McCabe said he would like to know more about the road through here, to whom does it belong and who takes care of it. Councilman McCabe said he would also like to know what the $100,000 will take care of on the slope. Petrick said after annexation he would submit a plan acceptable to the city. Petrick said he has a crew and a lot can be accomplished for $100,000. Petrick said if the plan would cost $500,000, he would withdraw his request for annexation. Petrick said he does not want to go through the expense of drawing up this plan with no commitment from the city. Worcester suggested the city and Petrick agree on a pre-annexation agreement which would state if the conditions are met, the city would annex. The city would be bound to annex if the conditions are met. Worcester suggested staff and Petrick work out the language and have Council affirm it at the next meeting. Councilman Hershey said he feels an ADU will create more parking problems and more congestion for'the neighborhood. Petrick said because this is a large remodel, he will have to bring the building up to code. Petrick told Council he has to purchase an extra pump to pump the water up the levels. Councilman Markalunas said he would like to condition the approval on the water department's recommendation for a 2-inch line. Haas noted this is a condition in the pre-annexation agreement. 10 Regular Meeting Aspen City Council November 13, 2000 Councilman Markalunas said the property will not go away if the city does not annex. The problem will still be there, rock will still fall. Councilman Markalunas noted it would be better for the neighborhood to annex and get some of these issues resolved through the pre-annexation agreement. Councilman Markalunas supports 1 ADU as it is important to have someone on the premises. Councilman Markalunas said he would like to see as much parking on site as possible: Mayor Richards said the terms of annexation include elimination of the north driveway, landscaping plans for the front of the building, slope stabilization which plan will be refined; 7 parking spaces included in a site plan, 1 ADU with mandatory occupancy. Mayor Richards requested staff research the slope stabilization like a deed restriction on the duplex, whatever protection for the city would be appropriate. Julie Ann Woods, community development department, pointed out 7 parking spaces on site will require additional excavation on the south end. Any work will also need to be stablized. Womester said 7 parking spaces will require 3 outside. Mayor Richards said Council will need to look at the plan for parking. Councilman Hershey moved to continue Ordinances #48 and 44, Series of 2000, to November 27, 2000; seconded by Councilman Markalunas. Ali in favor, motion carried. RESOLUTION #106, SERIES OF 2000 - Kaplan Annexation Councilman Markalunas moved to continue Resolution #106, Series of 2000 to January 22, 2001; seconded by Councilman Hershey. All in favor, motion carried. Councilman Hershey moved to go into executive session for the purpose of discussing property acquisition and litigation at 7:45 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Hershey moved to come out of executive session at 8:15 p.m.; seconded by Councilman McCabe. All in favor, motion carried. 11 Regular Meeting Aspen City Council November 13, 2000 Councilman McCabe moved to adjourn at 8:15 p.m.; seconded by Councilman Markalunas. All in favor, mOtion carried. Kathr~ S. Koch, City Clerk 12