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HomeMy WebLinkAboutminutes.council.19970825Asoen City Council Regular Meetin~ August 25, 1997 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Vickery, Markalunas, Paulson and Richards present. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilman Paulson said due to unfortunate circumstances, the company he works for has not given him Mondays off. Councilman Paulson apologized in case he has to leave before the Council meeting is over. 2. Councilman Markalunas commended city staff, especially Randy Ready, for their presentation last Friday at the Colorado Pedestrian Bicycle conference in Snowmass. 3. Councilman Markalunas said the valley rail rally was a success, was well attended and there were excellent speeches about the fitture of rail in the Valley. Councilman Markalunas said this will be aired on Grassroots TV and urged people to watch it. 4. Councilman Markalunas the annual thistle bounty hunter contest next weekend. Councilman Markalunas said people can join the city and county in an effort to eradicate thistles from the county and to compete for prizes. 5. Councilman Markalunas commended the city street crew for cleaning up the catch basins before the winter season. 6. Councilman Markalunas complimented the parking control for working the west end and enforcing the law about expired license plates. Councilman Markalunas suggested traffic control officers check alleys for overturned garbage and if they see this problem, could leave a letter advising residents to be more carefill about their garbage placement. 7. City Manager Margemm requested Council add Aspen Mountain Drainage Basin Master Plan to their consent agenda. Ms. Margerum said this is just part 1 of mapping basin study to identify the boundaries and prepare a report on the alternatives for drainage on Aspen mountain. This does not commit the city to any Asoen City Council Regular Meetin~ August 25, 1997 mitigation plan. The cost of the study, $54,000, will be taken out of the $250,000 given by Savanah Ltd Partnership when the Ritz was approved. The $250,000 has to be used for this study and cannot be used for any other purpose. Councilman Markalunas moved to add Aspen Mountain Drainage Basin Master Plan to the consent agenda; seconded by Councilwoman Richards. All in favor, motion carried. CONSENT CALENDAR Councilwoman Richards moved to adopt the consent calendar; seconded by Councilman Paulson. The consent calendar is: Minutes- August 11, 1997 Resolution #67, 1997 - Holy Cross Underground Easement - Red Butte Park Resolution #68, 1997 - Francis Street Storm Runoff- Change Order Approval Wheeler Sewer Repair - Request for Emergency Funds Contract Award - Water Utility Asset Management Plan Third Party Review Resolution #65, 1997 - 1997 Supplemental 1/2 cent Sales and Use Tax Budget Transportation Funding Requests Budget Request - River Oaks Communications Budget Request - Wildlife Study Resolution #64, 1997 - Historic Home Maintenance Loan - 213 W. Bleeker Resolution #63, 1997 - ACES Request to Waive Park Dedication/Land Use Fees Resolution #62, 1997 - Temporary Municipal Judge/Myler Resolution #77, 1997 - Aspen Mountain Drainage Master Plan All in favor, motion carried. 2 Asoen City Council Regular Meetin~ August 25, 1997 ORDINANCE #29, SERIES OF 1997 - 303 S. Cleveland Historic Designation Councilwoman Richards moved to continue Ordinance #29, Series of 1997, to January 14, 1998; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #30, SERIES OF 1997 - Extension of Vested Rights and GMQS Approval - Aspen Meadows Lot 6 Amy Amidon, community development department, reminded Council lot 6 is the tennis townhomes. They were given approval for 7 new multi-family units. The applicants are requesting an extension of their GMQS allocations and vested rights. Staff is recommending 1 additional 6 month extension as the property has been held up in lawsuits. Ms. Amidon told Council conditions #3 and #4 as listed in the ordinance should be deleted as they have been met. Ms. Amidon said the applicant would like to change condition # 1, the timing of the construction of the bike trail. John Sarpa, representing the applicants, told Council the Institme got an earlier release of the lien and has been working on their townhouses. Sarpa said there is a buyer for this project and they are intending to change the project from 7 townhouse units to 6 townhouse units. They are going through HPC and P & Z review for this change. Sarpa said the applicants have every intention of completing the bicycle trail; however, they do not want to put in the trail and then have to cut it up or damage it when they excavate for the townhouses. Sarpa said the difficulty is the wording of the condition and the order in which the trail will be put in. Sarpa suggested that the condition be changed to make it a condition of the certificate of occupancy, the excavation and trail will be done prior to certificate of occupancy. Ms. Amidon told Council the city wants the trail in as soon as possible and agreed it does not make sense to put the trail in and then dig it up. Sarpa told Council he has met with the parks department who agreed the condition should read the trail by completed prior to certification of occupancy. John Worcester, city attorney, said this is an extension of vested rights. Worcester said he would like some assurance on the record that they will build the trail if they get vested right. David Gitlitz, buyer, told Council he is aware that the trail has to be put in and assumed the work as part of the landscaping. Gitlitz agreed to the condition that they could not get a certification of occupancy until the trail is completed. 3 Asoen City Council Regular Meetin~ August 25, 1997 Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #30, Series of 1997, on second reading with the amended language in condition # 1 that the trail be completed prior to issuance of the certificate of occupancy subject to the approval of the city parks department and deleting conditions #3 and 4 as already completed; seconded by Councilman Vickery. Councilman Vickery asked if there is any possible interim use of this trail. Councilman Markalunas suggested the sanitation district access road. Joe Wells said this is being blocked by new construction. Gitlitz said as soon as they can process an insubstantial amendment, they will start working on plans for construction and for the trail. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Vickery, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #31, SERIES OF 1997 - Code Amendment -Definition of Multi- family Amy Amidon, community development department, told Council this code amendment comes from HPC and is an attempt to allow larger buildings to be broken up on a lot to smaller buildings. The definition of multi-family is 3 or more units attached to each other. This would create the ability for separate units on historic properties only. This is similar to what is allowed in the AH zone. Staff recommends approval as written. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Vickery asked if this would affect the floor area ratio. Ms. Amidon said this does not change the area and bulk requirements; it will break up the mass on the site. This code amendment creates more flexibility for historic properties Councilman Paulson said 4 houses on a small lot might not be the most ecological solution. Attached dwelling units give better insulation. Councilman Markalunas said he would rather see smaller structures than one huge structure. Councilwoman Richards said she supports this because it helps preserve historic structures and it does not change the underlying zoning or change the FAR. Councilman Vickery 4 Asoen City Council Regular Meetin~ August 25, 1997 agreed with supporting the preservation of historic structures. Councilman Markalunas said this gives a more interesting mix to the character of Aspen. Councilwoman Richards moved to adopt Ordinance #31, Series of 1997, on second reading; seconded by Councilman Vickery. Roll call vote; Councilmembers Markalunas, yes; Richards, yes; Paulson, yes; Vickery, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #32, SERIES OF 1997 - Pomegranate Rezoning Chris Bendon, community development department, told Council this request is to rezone from P, park, to RMF in order to construct 18 garages. Bendon said in 1995, the Pomegranate homeowners got approval to acquire the property where the garages were proposed and to rezone that from AFR-2 to AR-2 in the county. Pitkin County also granted approval of a scenic review in order to limit development along highway 82. This property has since been annexed into the city and rezoned to P, park, which does not allow garages. Bendon told Council the property must be rezoned to the district most compatible with the county AR-2 zoning; staff recommends RMF. Bendon told Council P & Z reviewed this and recommended denial as they were concerned out increased build out potential and development within 10 feet of highway 82. Bendon said staff recommends rezoning only a portion of the property in order to allow garages while preserving the county' s scenic overlay review. Bendon said the rezoning from AFR-2 to AR-2 allowed development potential. If this property were still in the county and they came in with their plat, the rezoning would be atttomatic. If they were still in the county and demolished the condominiums, they could build two 15,000 square feet houses under the county approved zoning. The applicants never filed the plat to complete the rezoning because they never bought the property. When this property was annexed into the city, it was zoned to reflect the compatible county zoning, P, park, in the city. Other P & Z points were that the site plan could be better developed with a plan for the Aspen Country Inn. Bendon said with the combined entrance off highway 82, he feels that this is a much better site plan. P & Z also felt that the garages and service parking should be exchanged so that the garages will not be seen from highway 82. The applicants went through scenic overlay review in the county and received approval for their site plan. Asoen City Council Regular Meetin~ August 25, 1997 Bendon said one condition of approval is that a note be included on the plat to explain what the line differentiating the different zone district means. Bendon said the intent of the scenic overlay was to rezone only a portion of the parcel as park does not allow as much development. This ordinance would rezone the area proposed for garages to RMF. The applicant is requesting rezoning of the entire parcel and staff is recommending rezoning only a portion of the parcel. Stan Clauson, community development director, reminded Council when the city annexed the Maroon Creek parcel, it included this parcel. This parcel was under negotiations between the owner and Pomegranate homeowners and the transfer of the parcel was not complete. The entire area was rezoned park, which did not meet the needs of the already improved development project. Clauson told Council staff told the applicants that the city would accept whatever county approvals existing at annexation. City P & Z was frustrated on not being able to review the project as if it were a fresh project. A strip of park along highway 82 has been added to the application, which is like a zoning setback. Clauson said Council can refer this back to P & Z if they want a higher level of review. Clauson said the rezoning is consistent with county use. There is also the protection of providing a park adjacent to the highway. Clauson said there may be some flirther development allowed in this zoning. The Pomegranate homeowners have not indicated they were interested in any development. They would have to go through GMQS and mitigation before any development. Councilwoman Richards said she would rather find a zone for this parking area that does not create room for more multi-family units. Councilwoman Richards said this piece of land was originally part of open space for the Maroon Creek Club development. It does not make sense to rezone it RMF. Councilwoman Richards said she would prefer to table this and find a better fit for rezoning. Mayor Bennett agreed and noted there is supposed to be a finding that this is consistent with the AACP. Mayor Bennett said he could not agree to that. Councilman Vickery asked if it proper procedure to divide a parcel into different zone districts. City Attorney Worcester said generally the city does not like to do this. It is not, however, spot zoning. Councilwoman Richards said in order to accomplish the goals of the parking garages for the Pomegranate, which they got approval from the county prior to annexation, this should be approved as quickly as possible. Councilwoman Richards said she cannot agree to rezoning the entire 6 Asoen City Council Regular Meetin~ August 25, 1997 parcel to something that would give greater development. It is of concern because of the proximity to Maroon Creek Club. Councilwoman Richards moved to continue Ordinance #32, Series of 1997, to September 22, 1997; seconded by Councilman Markalunas. All in favor, motion carried. RESOLUTION #66, SERIES OF 1997 - Ballot Question Excess Property Tax Amy Margerum, city manager, presented a proposal from the Asset Planning committee to dispose of the additional property tax revenues collected in excess of the TABOR limitations. The city collected $77,000 in excess of the limitation. The city has to go to the electorate and ask whether to refitnd this money or to spend the excess revenues on a specific project. Ms. Margerum said the deadline for ballot language is September 8. Ms. Margerum told Council the APC felt the spirit of the TABOR amendment was to give the voters a choice rather than just refitnd the money. Ms. Margerum said the APC talked about using this money to reinvigorate the spirit of community in Aspen and to get neighborhoods more involved. The recommendation of APC is to use the money for neighborhood budgets. The City has been having neighborhood meetings every fall to find specific areas of interest in each community. There are often requests for small improvements. Council thought this was a good idea and will finally approve the ballot language at the next Council meeting. Councilman Vickery moved to adjourn at 6:40 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 7 Asoen City Council Regular Meetin~ August 25, 1997 CITIZEN PARTICIPATION ...................................................................................1 COUNCILMEMBER COMMENTS .......................................................................1 CONSENT CALENDAR ........................................................................................2 Minutes- August 11, 1997 ..................................................................................2 Resolution #67, 1997 - Holy Cross Underground Easement - Red Butte Park .....2 Resolution #68, 1997 - Francis Street Storm Runoff- Change Order Approval ....2 Wheeler Sewer Repair - Request for Emergency Funds .......................................2 Contract Award - Water Utility Asset Management Plan Third Party Review ......2 Resolution #65, 1997 - 1997 Supplemental 1/2 cent Sales and Use Tax Budget..2 Transportation Funding Requests .........................................................................2 Budget Request - River Oaks Communications ....................................................2 Budget Request - Wildlife Study ..........................................................................2 Resolution #64, 1997 - Historic Home Maintenance Loan - 213 W. Bleeker ........2 Resolution #63, 1997 - ACES Request to Waive Park Dedication/Land Use Fees2 Resolution #62, 1997 - Temporary Municipal Judge/Myler .................................2 Resolution #77, 1997 Aspen Mountain Drainage Master Plan 2 ORDINANCE #29, SERIES OF 1997 - 303 S. Cleveland Historic Designation ......3 ORDINANCE #30, SERIES OF 1997 - Extension of Vested Rights and GMQS Approval - Aspen Meadows Lot 6 ...........................................................................3 ORDINANCE #31, SERIES OF 1997 - Code Amendment - Definition of Multi- family ......................................................................................................................4 ORDINANCE #32, SERIES OF 1997 - Pomegranate Rezoning ..............................5 RESOLUTION #66, SERIES OF 1997 - Ballot Question Excess Property Tax .......7