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HomeMy WebLinkAboutminutes.council.19990823Regular Meetin~ Asoen City Council August 23, 1999 Mayor Richards called the meeting to order at 5:05 p.m. with Councilmembers Paulson, McCabe, Markalunas and Hershey present. OUTSTANDING EMPLOYEE BONUS AWARDS Mayor Richards and Council presented orestanding employee bonus awards to John Worcester, city attorney; Kathy Strickland, city clerk' s office; and Ann Stark and Mary Lackner, GIS. CITIZEN COMMENTS COUNCILMEMBER COMMENTS 1. Councilman McCabe thanked the Rotary Club for doing a good job with the Ducky Derby. They raised a lot of money for the community and a lot of fun was had by all. 2. Amy Margerum, city manager, announced the community picnic will be September 15 at Paepcke Park. Councilman Markalunas moved to continue Ordinance #12, Series of 1999, to September 27; seconded by Councilman McCabe. All in favor, motion carried. Randy Ready, assistant city manager, announced phase III of the roundabout will open August 28. This means the north side of the roundabout will be open. The legs to Maroon and Castle creek will not open for about two more weeks. CONSENT CALENDAR Councilman Paulson moved to read Ordinance #35, Series of 1999; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE N0.35 (SERIES OF 1999) Regular Meetin~ Asoen City Council August 23, 1999 AN ORDNANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO, TO AMEND SECTION 26.445, PLANNED UNIT DEVELOPMENT was read by the city clerk Councilman Paulson moved to adopt the consent calendar; seconded by Councilman Hershey. The consent calendar is: · Ordinance #35, 1999 - Code Amendments - PUDs · Resolution #71, 1999 - Red Brick Locker Room Improvements · Resolution #72, 1999 - Contract Parking Ramp Sealant · Awarding Smuggler Underground District Contract · Minutes - June 29, August 9, 1999 Roll call vote; Councilmembers Hershey, yes; Paulson, yes; Markalunas, yes; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #29, SERIES OF 1999 - Code Amendment Delivery Vehicles David Hoefer, assistant city attorney, told Council this ordinance has been amended since the public hearing last month. The delivery restriction at night has been changed from 8 p.m. to 9 p.m. The ordinance will not take effect until November 1999. An exemption for delivery vehicles has been added with the criteria that the vehicle not exceed 15 feet in length, with no refrigeration, not diesel powered, with no atttomated lift gates, and does not cause undue noise. Hoefer told Council local business feel they can comply with this and to receive deliveries at night without causing a disturbance to the neighborhood. Hoefer noted an appeal process to the CCLC has been added. Notice to neighbors would be required. There are reasons listed in the ordinance to grant this variance. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. City Attorney Worcester pointed out that CCLC currently has no formal attthority. This ordinance will give CCLC powers to hear this appeal. 2 Regular Meetin~ Asoen City Council August 23, 1999 Worcester pointed out several sections of the city code have appeals that are not to City Council. Council decided to leave the appeal with CCLC. Councilman Paulson asked about deliveries to Domino's and City Market as they are not covered in the CC zone. Hoefer said if Council wants to include these areas, they will have to expand the definition of the commercial core. Hoefer told Council when the ordinance originated, the markets were meant to be left out because of the number of large trucks delivering to the markets. Tim Ware, parking department, noted Dominos has already changed their delivery route in an attempt to comply. Councilman McCabe asked if there are potential conflicts with the CCLC, who is made up of business people, and who will be reviewing appeals of other business people. Worcester said if a CCLC member had a conflict, they would be asked not to participate in the hearing. Councilman Paulson moved to adopt Ordinance #29, Series of 1999, incorporating Section .040(B)( 1 ); seconded by Councilman Markalunas. Roll call vote; Councilmembers McCabe, yes; Hershey, yes; Paulson, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. ORDINANCE #32, SERIES OF 1999 - Code Amendment Dimensional Requirements for C, Conservation Zone Julie Ann Woods, community development department, told Council the conservation zone district has a 10 acre minimum lot size. Most parcels in the C, conservation zone are non-conforming and do not meet the 10 acre lot size. Ms. Woods noted there is no floor area ratio for this zone district. This ordinance creates a sliding scale of FAR similar to other zone districts. The ordinance also puts a maximum of 6,600 square feet in the conservation zone. The FAR cap is new; it is important to the C zone because of the potential visual impacts. Mayor Richards said because of the sensitivity of these areas, the cap should be at 5,000 square feet. Council recently put a building cap of 5,000 square feet on the Burlingame lot. Ms. Woods pointed out the R-30 zone for a 50,000 square foot lot, the base FAR is 4,580 is 1 square foot for each additional 100 square feet of land. Councilman Paulson said he would prefer to see the FAR cap reduced to 5,000 square feet. 3 Regular Meetin~ Asoen City Council August 23, 1999 Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Markalunas agreed 6600 square feet in the conservation district is too high and could support 5,000 square feet as a cap. Councilman Paulson moved to adopt Ordinance #32, Series of 1999, changing the cap to 5,000 square feet; seconded by Councilman Markalunas. Roll call vote; Councilmembers Hershey, yes; Paulson, yes; Markalunas, yes; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #33, SERIES OF 1999 - Historic Designation Amy Guthrie, community development department, said this is a request from the previous Council when this property at 308 North 1st came in for a lot split. This was a 12,000 square foot parcel, subdivided into two 6,000 square feet parcels. There is an existing single family house with several outbuildings. The single family house was not currently listed on the inventory; it had been removed from the inventory. Council directed staff to pursue relisting it. HPC voted 6 to 1 to include the entire parcel on the inventory. P & Z voted 3 to 3 not to include the house and 5 to 1 not to include the entire parcel, and did not support the idea of relisting the property. The house was built in 1887 and has had numerous changes made to it, which has affected its architectural character. Ms. Guthrie said the original form and scale of the building still exist on some level and some of these changes could be reversed. Ms. Guthrie recommended including lot 2, the one with the house, on the historic inventory. Councilman Hershey noted that HPC recommended this structure be supporting, which is the lowest category on the historic inventory. Stan Clauson, representing the applicant, told Council the Nolans purchased the property in 1995 knowing this structure was not on the inventory. The Nolans do not want a property encumbered by historic regulations, and the degree of regulations on historic inventory properties was significantly increased. Clauson noted there is a letter from the architect stating every facade of this house has changed and that the only historic quality is the cross gable roof. The additions include a very large turret and back and side entries, porch and general trim details. Clauson said these added details can be confusing in historic review. The HPC is intent on preserving historic materials that are part of the original building. Clauson said none of the 4 Regular Meetin~ Asoen City Council August 23, 1999 exterior materials has any historic value and were all added in the 1980' s. Clauson said in the early 1990's the historic preservation officer supported de-listing of this structure and in 1992 this property was removed from the inventory by ordinance. Clauson said some of the additions would be very costly to remove; the estimate is $363,000. The removal of these additions would also reduce the size of the house. Mayor Richards asked why it is relevant that the structure be made contributing. Herb Klein, representing the applicant, said if one cannot make a building "contributing" without substantial efforts, it should not be classified as "supporting". Mayor Richards noted there is no requirement that any supporting structures within the city' s inventory be made contributing. Mayor Richards asked if the porch will have to be removed anyway because of the lot split. Clauson said a porch will have to be removed; however, that removal will not have any bearing on increasing the historic value. The removal of the porch is included in the total cost of $363,000. Clauson told Council the applicants went before the Board of Adjustment and received an approval for the historic encroachment into the setback line. The removal of the porch does not affect the appropriateness of placing the house on the historic inventory. Klein said it is unlikely someone will spend several hundred thousand dollars to end up with a smaller house. Klein said to tear something down and make it smaller is closer to a definition of waste than of making the house more historic. Klein reiterated that the owners purchased this house with the knowledge that it was not on the inventory. Klein said the city intentionally de-listed the house and the owners had no expectation their property would be placed back on the inventory. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Mayor Richards said her concern is how this house will be handled in the future and placing it on the inventory will insure review by the HPC and will insure that the structure will not be demolished. Councilman Hershey said he cannot see property owners reducing the size of their house in order to make it a contributing structure. Councilman Hershey said he is also concerned that the applicants purchased the house knowing it was not on the inventory. Clauson said a structure on the inventory must comply with all the regulations but does not get any of the benefits of a historically 5 Regular Meetin~ Asoen City Council August 23, 1999 landmarked property. Clauson pointed om there is further protection under the design review standards for structures that do not fit in the historic inventory. Councilman Markalunas said many structures have been the site of historic events in the community. This structure should be protected from any further destruction. Councilman Markalunas said he supports HPC's decision to place this on the inventory. Councilman McCabe said the fairness issue is important to him and it is not right to retroactively place this on the inventory. This building is not truly historic any more. Councilman Paulson said he felt the owners had good intentions for the property when they came through the lot split process and were willing to place this on the inventory. Councilman Paulson said if all houses were de- listed from the inventory, there would be no history left. Councilman Markalunas moved to adopt Ordinance #33, Series if 1999, only second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Markalunas, yes; McCabe, no; Hershey, no; Paulson, yes; Mayor Richards, yes. Motion carried. REQUEST FOR TAP FEE WAIVER - Aspen Valley Ski Club Toby Morse, director Aspen Valley Ski Club, told Council the Aspen Valley Ski Club is preparing to break ground on their new facility at Highlands. They are requesting a waiver of the water tap fee. The AVSC wants the building built in the most cost effective manner possible. Phil Overeynder, water department director, told Council the ordinance addressing tap fee waivers limits those waivers to affordable housing only. Overeynder pointed out the city has collected tap fees on the Silver Lining Ranch and the Aspen Music Tent remodel totaling about $56,000. Overeynder reminded Council during the Moore PUD, it was stated they would pay all applicable tap fees. Overenyder recommended allowing the tap fee to be paid over time. Amy Margerum, city manager, said the MAA has discussed requesting a waiver of their tap fees and if there is going to be a policy, Council should set some very clear criteria. Mayor Richards agreed she would rather approve a time payment than waiving the fees. Mayor Richards suggested a grant through the non-profit funding. Councilman Markalunas said allowing tap fees for non-profit 6 Regular Meetin~ Asoen City Council August 23, 1999 buildings will have an impact on the water department revenues. Morse said he will work with the water department on a payment schedule and will also apply to the non-profit group for one-time fitnding. Council agreed. REPORT ON INITIATIVE PETITION Kathryn Koch, City Clerk, reported that the petition and supplement do contain the required signatures in order to place the question on the November ballot. Council may change the proposed question in non- substantial wording only. Councilman Hershey moved to add a the ballot title to read "A citizen initiated ballot question to attthorize an increase in the city debt for a light rail project"; seconded by Councilman McCabe. All in favor, motion carried. Mayor Richards said the petitioners have done their work. This is their language and she is willing to pass as written onto the ballot. Council agreed. Mayor Richards moved to adopt Resolution #74, Series of 1999, placing the citizen initiated ballot question on the November ballot; seconded by Councilman Hershey. Mayor Richards said the initiative petition process exists for a reason and putting this on the ballot is part of that process. Councilman Markalunas said he will support putting this on the ballot; however, he questions the motives of the petitioners. Councilman Markalunas said he feels this is misleading for the public. Councilman Paulson said he, too, supports the petition system. Councilman Paulson said he feels this is a disservice to that system; the question is premature. Councilman Paulson said this question does not have the community mind and will short change the community. Councilman McCabe said he worked hard drafting this language and the intent is that it is time for the community to make their decision. Councilman McCabe said he feels the initiative is fair and is not pointed in the direction of getting a four-lane. Councilman Hershey quoted from The Aspen Times editorial August 20, "When the voters speak, government has an obligation to listen. Now is not the time to subvert the will of the voters, many of whom are already suspicious of government and angry of what they 7 Regular Meetin~ Asoen City Council August 23, 1999 perceive as blind determination to build a rail system no matter what people want. Instead, now is the time for rail supports to launch an open, honest, clear and compassionate campaign in favor of the rail system this valley needs". Councilman Hershey said there was an outpouring of support for this initiative question. The Colorado Supreme Courts has found repeatedly that initiative and referendum are the fundamental rights of a republican form of government. Mayor Richards pointed om Council had the opportunity to turn this question over to the courts as the Charter states funding and tax measures cannot be referred to the public. However, Council let the petition process go forward. Mayor Richards said she feels this question is premature. CDOT has pulled out funding from the 7th pot, and it is important for the community to work on that issue. There are a lot of issues that the community needs addressed; this issue divides town more than any other issue. Mark Friedberg said he has been on the Corridor Investment Study group for 2 years and has been working on the rail issue for 15 years. Friedberg said the current plan will continue the existing congestion rather than make it better. Friedberg said the elected officials have been too focused on only rail as a solution. Jasmine dePagter said this issue keeps coming up again and again and again. Ms. DePagter said it might be in the community' s best interest to wait and to see what funding is available, what the Corridor Investment Study says. Sy Coleman said the last times this went to the voters, the city voters voted in favor of the concept of rail. Mick Ireland said he agrees the right thing may be to pull all these questions off the ballot. Ireland told Council the city will still have to go to the voters to get approval for funding. Ireland said these city questions do not permit people living outside the city to have a say in shaping the future of transportation. All in favor, motion carried. RESOLUTION #69, SERIES OF 1999 - Ballot Question Mayor Richards said she is going to support pmting on a ballot question regarding mass transit that will make the transit system first class and will capture riders rather than an increase in cars and rivers. Mayor Richards 8 Regular Meetin~ Asoen City Council August 23, 1999 said this question funds a busway that needs to be funded and is a complimentary question to the initiated question. Councilman Paulson agrees this question gives a choice in the community; however, neither is the question he would prefer to send to the electorate. Councilman Hershey said RFTA is operating with old buses, underpaid drivers and an insufficient subsidy. Councilman Hershey said he would like to have the city give RFTA a donation out of the $1.5 million dedicated to transit so they can upgrade their fleet. Councilman Markalunas moved to amend Resolution #69, Series of 1999, to add the bus bonding question; seconded by Councilman Paulson. Councilmembers Paulson and Markalunas, Mayor Richards in favor; Councilmembers Hershey and McCabe opposed. Motion carried. Councilman Hershey said he feels these advisory questions have been brought up at the last minute. John Worcester, city attorney, told Council the Charter grants Council the attthority to place questions on the ballot. The Charter is silent regarding advisory questions. Mayor Richards said she is supportive of putting these questions on the ballot to give the community a chance to define its future. Councilman Markalunas moved to add advisory questions A, B, and C on the November ballot; seconded by Councilman Paulson. Councilman Hershey said he has not had time to read these questions and it is a disservice to the community to add these at the last minute. Mayor Richards said she feels it is important to get a statement of these value from the community. Mayor Richards said it is time for the community to stop saying "I don't know" and to make some progress. Worcester suggested amending advisory question B to clarify the language, "If as our valley grows and Aspen chooses to accommodate additional cars coming into town" rather than "more and more" cars. Councilman Markalunas moved to amend the language to "additional cars" from "more and more cars"; seconded by Councilman Paulson. Councilmembers Paulson, Markalunas, and Mayor Richards in favor; Councilmembers Hershey and McCabe opposed. Motion carried. 9 Regular Meetin~ Asoen City Council August 23, 1999 Councilman Paulson moved to adopt Resolution #69, Series of 1999, as amended; seconded by Councilman Markalunas. Councilmembers Paulson, Markalunas, and Mayor Richards in favor; Councilmembers Hershey and McCabe opposed. Motion carried. Councilman Markalunas moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilman Hershey. All in favor, motion carried. RESOLUTION #68, SERIES OF 1999 - Ballot Questions These questions cover Bass Park, what to do with excess taxes, the sale of Burlingame lot, and a Charter amendment. John Worcester, city attorney, pointed out the order of the ballot questions is dictated by state statute; initiative questions go first, measures to increase taxes, measure to increase debt and then other referred measures in that order. Worcester pointed out in both questions to increase sales tax for purchase of Bass Park should have "and additional parks and open space maintenance" so that if there is anything left over after paying for Bass Park, the money can be used for maintenance. The question regarding authorization to sell Bass Park should read, "Shall the City be attthorized to sell Bass Park on the free market to recover the $3.44 million of affordable housing funds used to purchase the property, provided that prior to any such sale.." to clarify from where the funds came. Lee Novak, housing office, said the way the question is written, the city would be required to sell this as a 70/30 project and may end up subsidizing a project. Amy Margemm said including the $3.44 million is to make sure the city recoups its investment. Ms. Margerum said at the last meeting, Council suggested a preference for an affordable housing development or park preservation. Council agreed to amend the question to include "with a preference for affordable housing zone district or park preservation". Worcester said the question regarding the sale of a Burlingame lot should include a height limitation of 24 feet to any buildings. Ms. Margerum recommended that "unless such open space is replaced within six months" in the Charter amendment question, that "within six months" be eliminated as it will be very difficult to find a piece of property of equal value and to close within six months. Ms. Margerum suggested if this amendment passes that Council adopt a resolution or ordinance on the procedure for doing this. 10 Regular Meetin~ Asoen City Council August 23, 1999 Jim Curtis said on the Burlingame question, Pitkin County does allow a slightly larger development envelope in order to permit a septic system and a fire protection system outside the building envelope. Curtis said these two items will probably not fit within the prescribed 30,000 square feet of a building envelope. Curtis asked in (c) on the limitation of size of 5,000 square feet by right and 7,000 square feet with the purchase of two TDR' s, if the mandatory EDU in addition to or subtracted from the 5,000 square feet. Mayor Richards said the EDUs are on top of the 7,000 square feet. Mayor Richards suggested this by clarified by adding "the floor area ratio of the principle residence". Curtis suggested adding "as measured from existing natural grade" in the height limitation. Council agreed. Councilman Hershey suggested further defining the sale of Burlingame Ranch 37 acres so that voters are aware it is not a sale of the entire Burlingame Parcel. Worcester suggested adding "a portion of" to the ballot question. Councilman Hershey moved to adopt Resolution #68, Series of 1999, as amended; seconded by Councilman Paulson. All in favor, motion carried. Councilman Hershey moved to suspend the rules and extend the meeting to 9:45 p.m.; seconded by Mayor Richards. All in favor, motion carried. Councilman Markalunas moved to go into executive session for the purpose of discussing litigation; seconded by Councilman Hershey. All in favor, motion carried. Councilman Markalunas moved to come out of executive session at 10:20 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Councilman Hershey moved to adjourn at 10:20 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Kathryn S. Koch, City Clerk 11 Regular Meetin~ Asoen City Council August 23, 1999 12 Regular Meetin~ Asoen City Council August 23, 1999 OUTSTANDING EMPLOYEE BONUS AWARDS ...................................1 CITIZEN COMMENTS ..............................................................................1 COUNCILMEMBER COMMENTS ...........................................................1 CONSENT CALENDAR .............................................................................1 · Ordinance #35, 1999 - Code Amendments - PUDs .............................2 · Resolution #71, 1999 - Red Brick Locker Room Improvements ..........2 · Resolution #72, 1999 - Contract Parking Ramp Sealant ......................2 · Awarding Smuggler Underground District Contract ............................2 · Minutes - June 29, August 9, 1999 ......................................................2 ORDINANCE #29, SERIES OF 1999 - Code Amendment Delivery Vehicles .......................................................................................................2 ORDINANCE #32, SERIES OF 1999 - Code Amendment Dimensional Requirements for C, Conservation Zone ......................................................3 ORDINANCE #33, SERIES OF 1999 - Historic Designation .....................4 REQUEST FOR TAP FEE WAIVER - Aspen Valley Ski Club ..................6 REPORT ON INITIATIVE PETITION .......................................................7 RESOLUTION #69, SERIES OF 1999 - Ballot Question ...........................8 RESOLUTION #68, SERIES OF 1999 - Ballot Questions .........................10 13