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HomeMy WebLinkAboutminutes.council.20020325Regular Meeting Aspen City Council March 25, ,2002 CATHOLIC CHARITIES..." ...... i,..~ ............. ................................................ 2 CITIZEN PARTIICPATION.i~i ...................................................................... 2 COUNCILMEMBER COMMENTS .............................................................. 3 CONSENT CALENDAR ................................................................................ 4 ~ RFTA Budget Clean Up .......................................... , ........................... 5 ~ Utility Billing Software Funding Request .......................................... 5 ~ Resolution #24, 2002 - Contract with Munis - Utility Billing Software .................................................................................. , .................... 5 El Resolution #27, 2002 - Contract Century Equipment for Excavator.. 5 [] Resolution #25, 2002 - Contract with Eden for Software Upgrade... 5 Resolution #26, 2002 - Fleet Management Contract - Glenwood Springs Ford ................................................................................................ 5 [] Resolution #28, 2002 - Truscott Closing Documents Phase II ........... 5 El Minutes - March 11, 2002 ................................................................... 5 FIRST READING OF ORDINANCES ............................................... ~ .......... 5 [] Ordinance gl0, 2002 - Junior Golf Subdivision Rezoning PUD Amendment ...................................................................... ;; ......................... 5 [] Ordinance gl 1, 2002 - Little Red Ski Haus Lodge Preservation PUD/Rezoning ............................................................................................ 5 [21 Ordinance #12, 2002 - Historic Landmark Lot Split - 513 West Smuggler ..................... : .............................................. ..., ........................... 5 ORDINANCE #8, SERIES OF 2002 - Alpine Acres PUD Amendment ....... 7 ORDINANCE #9, SERIES OF 2002- Miscellaneous Landuse Code Amendments .................................................................................................... 9 REQUEST FOR SUBSIDY ON ADA COMPLIANT FAMILY-TYPE UNITS ................................................................... ,....,.~,.,,:,;,.~ ......... ~:... 10 MAROON BELLS BUS OPERATION FROM ASPEN HIGHLANDS VILLAGE....; .................................................................... ,~..~ .......... ~ ........... 10 EPS HOUSING MASTER PLAN CONTRACT AMENDMENT ..ii .......... 11 1 Regular Meeting Aspen City Council , March 25, 2002 Mayor Klandemd called the meeting to order at 5:00 p.m. with Councilmembers McCabe, Paulson, Hershey and Semrau present. CATHOLIC CHARITIES Tom Ziemann, representing Catholic Charities, told Council Asistencia Para Latinos, who provided social and immigration services to Hispanics, closed and there is no organization doing this work. Catholic Charities has been working on immigration services, education and training for Hispanics in Eagle county. Catholic Charities will hire someone to work in Glenwood Springs. Ziemann told Council they are receiving funding from Eagle county, have requested funds from Pitkin County, and would like any financial aid from the City of Aspen that' is possible. Mayor Klanderud asked staff to look into whether Asistencia Para Latinos was granted any money through the city's grant process for the calendar year 2002 and whether than can be transferred to Catholic Charities. CITIZEN PARTIICPATION 1. Toni Kronberg reminded Council two weeks ago she asked if there could be a public discussion on the swimming pools under construction at Iselin Park. Ms. KrOnberg sald the City is building 2 pools exactly the same, one inside and one outside. Ms. Kronberg said the way the pools are currently designed there is a limited area for school children. Ms. Kronberg said she would like the opportunity to discuss the problems and concerns about the P0ol designs with Council. There is no more room to put in an additional pool. It is a physical impossibility to put in a second diving board or a diving well. Ms. Kronberg said there is the opportunity to have everything at this facility. Ed Sadler, asset manager, told Council costs would depend on how extensive the changes would be. The city has $3 million invested; a lot of underground utilities are in and under foundations. Mayor Klanderud said there have been many public meetings and discussions on the Iselin facility. Mayor Klanderud said reopening the discussion at this point does not make sense. MayOr Klanderud recommended Ms. KrOnberg be involved with the operating plan for the facility. Tim Anderson, recreation director, told Council his department will have public meetings this summer to work on programming. 2 Regular Meeting Aspen City council March 25, 2002 Ms, Kronberg said at P&Z, the public was told to wait until the public meetings. P&Z was only to decide on the footprint of the building, not what was inside. Councilman Semrau said he reviewed all the documents on the pool approval and does not see a reason to hold a public meeting. Councilman McCabe agreed the city has had input from the public, and he does not see a need to look into this further. COUNCILMEMBER COMMENTS 1. Mayor Klanderud said two weeks ago Council voted on Ordinance #1, hiStoric preservation code amendments, and Ordinance #2, historic benefits. Mayor Klanderud noted these two ordinances were voted on together, and her "no" vote applied only to Ordinance #1. 2. Councilman Hershey congratulated the Aspen Squirts hockey team, including their goalie Zack Ware. 3. Councilman Hershey noted the last 3 years he has been on Council, there have been many community meetings and public hearings. For a citizen to say they have not had the opportunity to speak on an issue is not true. Council gives everyone the opportunity to speak and to air their cOncerns. 4. Councilman Paulson said he would like Council to direct staff to contact the Aspen Sanitation District to find out whY there are sewer smells around town. Mayor Klanderud said she has talked to Tom Bracewell, ACSD Director, and they know what is causing some of these smells. They are following up on this to see what the Sanitation District can do. Councilman Paulson said he would like a representative of the Sanitation District to come to Council and report on this. 5. Councilman McCabe said in her public comments, Toni Kronberg quoted from an news article saying that Hershey and McCabe tried to muzzle her comments. Councilman McCabe said Toni Kronberg has had the opportunity to speak on the Iselin Pool issue more than Council and the citizens put together, and no effort has been made to stop those comments. 6. Councilman McCabe reported the Obermeyer COWOP task force started last week. The next meeting is March 27 at 2 p.m. 3 Regular Meeting Aspen City council March 25, 2002 7. Councilman McCabe noted Ruedi Water and Power Authority approved their work plan and budget for 2002, and an allocation of $5,000 toWards Roaring Fork conservancy study on Ruedi. Councilman McCabe said most of the monitoring is going on on the Frying Pan river and the only monitoring on the Roaring Fork is below Basalt. This will not help with the effects ofrunofffrom the city. Councilman McCabe said because of the low precipitation, there is low water in the Roaring Fork. They are trying to raise the level of Ruedi reservoir in case ora dry summer. Councilman McCabe told Council the Homestake II project is thinking of taking additional water from the Frying Pan drainage, which could cause problems with Ruedi and their summer recreational useS. 8. Councilman Semrau reported the housing board directed staff to prepare a decision matrix and scheduled for the subdivision of Woody Creek trailer park. This will be forwarded to Council. Councilman Semrau said April 15th there will be a presentation to the Woody Creek caucus. The subdivision documents will be turned into the county the week after that. A meeting is scheduled May 1 with the trailer park homeowners to hear any problems on the subdivision submission. 9. Councilman Paulson asked for an update on the work on Wagner park and will it be ready for Food & Wine. Stephen Elsperman, parks department, told Council the work is on schedule and should be ready for food and wine. CONSENT CALENDAR Ed Sadler, assistant city manager, requested item (d), Resolution #23 - Contract for Golf Club and Tennis Facility be removed To come back in two weeks. Councilman Hershey moved to adopt the consent calendar as amended; seconded by Councilman McCabe. The consent calendar is: 4 Regular Meeting Aspen City Council March 25, 2002 RFTA BUdget Clean Up Utility Billing Software Funding Request Resolution #24, 2002 - Contract with Munis - Utility Billing Software Resolution #27, 2002 - Contract Century Equipment for Excavator Resolution #25, 2002 - Contract with Eden for Software Upgrade Resolution #26, 2002 - Fleet Management Contract - Glenwood Springs Ford , Resolution #28, 2002 - Truscott Closing Documents Phase II ~ Minutes - March 11, 2002 All in favor, motion carried. FIRST READING OF ORDINANCES Ordinance # 10, 2002 - Junior Golf Subdivision Rezoning PUD Amendment Ordinance #1 I, 2002 - Little Red Ski Hans Lodge Preservation PUD/Rezoning Ordinance #12, 2002 - Historic Landmark Lot Split - 513 West Smuggler Councilman Hershey moved to read Ordinances #10, 11, 12, Series of 2002; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE NO. 10 (SERIES OF 2002) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN APPLICATION TO SUBDIVIDE LOT I, ASPEN GOLF COURSE SUBDMSiON INTO LOT iXXND L0T lB, ASPEN GOLF COURSE SUBDIVISION, AND TO REZONE THE FORMER GOLF PRO SHOP ( NEWLY CREATED LOT !B) FROM PARK WITH A GCS-PUD (GOLF COURSE SUPPORT) OVERLAY TO THE PUBLIC (PUB) ZONE 5 Regular Meeting Aspen City Council , March 25, 2002 DISTRICT WITH A PUD OVERLAY, AND TO AMEND THE TRUSCOTT PLANNED UNIT DEVELOPMENT TO ESTABLISH ALLOWABLE DIMENSIONAL REQUIREMENTS ON THE NEWLY CREATED LOT lB , ASPEN GOLF COURSE SUBDIVISION, CITY OF ASPEN. PITK1N COUNTY, COLORADO ORDINANCE NO. l 1 (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE LITTLE RED SKI HAUS MINOR PLANNED UNIT DEVELOPMENT, REZONING TO R/MF, RESIDENTIAL MULTI-FAMILY, WITH PLANNED UNIT DEVELOPMENT AND LODGE PRESERVATION OVERLAY ZONE DISTRICTS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY. COLORADO ORDINANCE NO. 12 (Series of 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO GRANT APPROVAL FOR A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 513 W. SMUGGLER STREET, LOTS E, F, AND G, BLOCK 27, CITY AND TOWNSITE OF ASPEN Councilman Hershey moved to adopt Ordinances #10, I 1, and 12, Series of 2002, on first reading; seconded by Councilman Paulson. Councilman Paulson asked if the city has a first right of refusal if the junior golf building comes up for sale. Councilman Paulson asked if other groups could use the junior golf building in the winter, like the Ski Club or Biathlon Club. Councilman Paulson asked if junior golf is financially stable enough to make sure the building is kept up. These questions should be answered at the public hearing. Councilman McCabe noted the intention is for junior golf to sublease up to half the building to another non-profit. Councilman McCabe said he would like to know at what rate junior golf intends to lease this space because of the amount the city is subsidizing on the front end. 6 Regular Meetin~ Aspen City Council Mar, ch. 25~ 2002 ~ Councilman Paulson asked about the removal of trees in the proposed Little ~ -~ · Red Ski Haus renovation. James Lindt, community development department, explained this is not an applicant request but is a recommendation from the city's parks department because of the health of the trees. Councilman Paulson said he would like the applicant and the city to work on saving the trees. Councilman McCabe noted the fence on the Little Red Ski Haus is non- conforming and the suggestion was to remove the fence. The neighbor's fence is also non-conforming since both are in the city's right-of-way. Councilman McCabe suggested having both fences moved out of the city's right-of-way rather than having an encroachment agreement. Councilman McCabe said he is not wild about the restaurant use in the basement of the Little Red Ski Haus. Councilman McCabe asked if the restaurant will be part of the lodging package. David Fiori, representing the applicant, told Council the Little Red Ski Haus will be a bed & breakfast and breakfast comes with the room rates. There will be enough seats to do two seatings for breakfast for the guests. This is a very small restaurant facility. Councilman Paulson asked the applicants to address the ecological bill of rights at the public hearing. Roll call vote; Councilmembers Semrau, yes; Hershey, yes; McCabe. yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #8, SERIES OF 2002 - Alpine Acres PUD Amendment James Lindt, community development department, told Council this PUD amendment is to allow lot 4A of the Alpine Acres subdivision to be eligible to apply for a 500 square foot FAR bonus fi.om the HPC for outstanding preservation effort. The PUD covers lots 4A, 4B and 5 of the Alpine Acres subdivision and limits the allowable FAR on those lots to 2486 square feet of countable floor area per dwelling unit. Because the PUD states "countable floor area" it means the property owners are not eligible to apply for this 500 square foot bonus. Lot 4A is about 8,000 square feet and has a single-family residence and an ADU. The single-family residence is historically designated. The applicant lives in the ADU and rents out the single-family residence. This is legal under the existing ADU policy and housing guidelines. Council has raised 7 Regular Meeting Aspen City Council March 25, 2002 the issue of whether this policy should be allowed. Lindt recommended this be a Separate discussion. The HPC has granted final approval for a site specific development plan for an addition to the single-family residence on lot 4A and a 500 square foot bonus contingent upon Council approval of this PUD amendment. Lindt said this request is compatible with the surrounding uses in the R-6, which is less restrictive than the PUD. Lindt recommended approval of the FAR bonus, which is an approved incentive of historic preservation. The proposed PUD amendment meets all the applicable standards. Councilman McCabe asked if the ADU was voluntary. Lindt said it was. Councilman McCabe asked if the floor area is at the maximum allowed. Lindt said they did not get a floor area bonus for the ADU. Alan Richman, representing the applicant, told Council the ADU is 680 square feet and it all counts toward the floor area; it is not exempt. Richman said the ordinance only authorizes HPC to grant the 500 square foot bonus. All historic landmarks can apply for this bonus. Richman said allowing this bonus would be in sync with what Council approved in the historic designation incentives. Richman said approval of this will allow the applicant to put money back into the renovation of the historic structure. HPC found this Project to be an exceptional restoration, which is the standard for granting an FAR bonus. Alan Becker, applicant, showed Council pictures of the existing house and proposed restoration, part of which will be to shore up the house. The house is sitting on the ground level. There are some existing additions that are incompatible with the historic era of the house. Richman told Council there is currently 2,050 square feet total floor area on the site; a garage, the ADU at 680 and the house at about 1100 square feet. If the additional were to be built, the total FAR will still be less than 3,000 square feet., which is less than what the R-6 zone district allows by right. The properties were limited in floor area and this bonus will not exceed that limit. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearingl Councilman McCabe said an applicant living in the ADU and renting out the main house does not seem to be consistent with the spirit of the ADU program. Becker said he plans on moving back into the main house after the 8 Regular Meetin~ Aspen City Council March 25, 2002 restoration. Council agreed to. bring this up as an amendmen~ to the ADU program. Councilman Hershey moved to adopt Ordinance #8, Series of 2002, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Paulson, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #9, SERIES OF 2002 ' Miscellaneous Landuse COde Amendments Sarah Oates, community development department, told Council this is a series of minor modifications. The first is flood damage prevention, which is required by the Flood Emergency Management Agency in order to participate in their insurance program. Definitions of canopy and awning have been added to the definition section of the land use code. The public notice requirements are simplified and made consistent. The secondary mass requirement in the residential design standards is being amended to add a definition of "subordinate linking element". The eXtension °f recording a Plat has been amended to allow extensions within the 3 years vested time to be approved by community development director. The proposed changes to the sign code are to not require graphic art on a sign be approved by P&Z, and that signs may be located closer to the property line than the setback line. The last amendment is the affordable housing exemption from park impact fee be waived on Council action rather than just being exempt. Councilman Paulson said he would like Council notified when staffis approving an extension of time necessary to record a plat. John Worcester, city attorney, reminded Council a project has a 3 year vested right so the approval cannot be changed during that 3 years. Staff agreed to inform Council of plat extensions by memorandum. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Hershey moved to adopt Ordinance #9, Series of 2002, on secOnd reading; seconded by Councilman Paulson. Roll call vote; 9 Regular Meeting Aspen City COuncil March 25, 2002 Councilmembers McCabe, yes; Paulson, yes; Hershey, yes; Semrau, yes; Mayor Klandemd, yes. Motion carried~ REQUEST FOR SUBSIDY ON ADA COMPLIANT FAMILY-TYPE UNITS Cindy Christensen, housing office, reminded Council at their last meeting, they discussed buying down a unit for a specific individual. Ms. Christensen agreed the policy should not be to spend housing money for a specific person or family. Ms. Cbristensen said the North 40 unit would be a good deal but it should be done with a priority system and a lottery. Ms. Christensen noted there is a need for 3 bedroom ADA units. There will be one type A and one type B ADA unit at Stillwater; however, the costs for these units are not known. Ms. Chdstensen said there are several one-bedroom ADA units and there is usually only one person applying for that unit. Ms. Christensen recommended Council direct staff to return with a policy regarding.ADA compliant units and that in the approval process for these units a priority system be done to insure these units always go to a family with a disabled person. Councilman Semrau noted Pitkin Iron has two type B four-bedroom Units and Barbee will have a three-bedroom unit with an elevator. The total of available ADA three and four-bedroom units will be 1 I. Councilman McCabe suggested ADA units should be designed as one-story units rather that units requiring an elevator. Council agreed they are not willing to spend $200,000 of housing funds to buy down a unit at North Forty. Councilman Hershey said this is a lot of money to spend on one unit. Councilman Semrau said he feels the housing office is providing an adequate number of ADA units. Council directed staff to return with a policy on ADA units after having gone to the housing board. MAROON BELLS BUS OPERATION FROM ASPEN HIGHLANDS VILLAGE Mayor KlanderUd said if this change is approved, there will be no direct RFTA service from Rubey Park to Highlands. The Castle/Maroon bus will continue to run to Highlands. Sarah Oates, community development 10 Regular Meeting Aspen City Council , March 25, 2002 department, told Council during the Aspen Highlands Village PUD apProval, one condition was that the primary staging for the Maroon Bells Bus would not occur at Highlands. Ms. Oates said the Forest Service, RFTA and Aspen Highlands have requested this condition be changed. This can be approved at staff level; however, staff wanted Council to be aware of this request. John Krueger, transportation department, said due to financial constraints, RFTA will °nly be able to operate out of one portal, either Highlands Village or Rubey Park. Kruegcr said thc interested parties feel Highlands Village would be the best choice. Krueger said staff would like the condition changed to allow flexibility for the best service. Paul Hilts, RFTA, told Council last year there were 2 buses per hour each from Rubey Park and from Highlands. One of the difficulties in starting at Rubey Park and picking up passengers at Highlands is the driver will not know how many people are waiting at Highlands. Hilts said ridership went up last year as did expenses: RFTA is concerned about their 2002 costs; this service from both portals cost $80,000 and if only Highlands is used, the deficit can be eliminated. Krueger pointed out the city Castle/Maroon service from Rubey runs every 20 minutes, and next year there will also be a Maroon creek bus. Lynn Mace told Council the Maroon Creek caucus discussed this and it is important to them that the traff~c is stopped at Highlands and not having cars go up to T Lazy 7 and mining around. The Maroon Creek caucus would like to see something more than signs diverting traffic at Highlands. The forest service supports this change and plans on having their interpretative center at Highlands. If the only station is at Rubey, then the interpretative center at Highlands would not make any sense. Mayor Klanderud said she does not want to see stacking of buses at Highlands. CounCil told staffthey did not have problems with this amendment. EPS HOUSING MASTER PLAN CONTRACT AMENDMENT Ed Sadler, assistant city manager, said staff is requesting $15,000 for additional work on Burlingame as well as reorganization of the housing office. The other tasks are to help the city define what makes a good affordable housing project and to prepare outcome measures. Sadler said the contractor was told to rush Burlingame because of end of the year deadlines. 11 Regular Meeting Aspen City Council March 25, 2002 EPS did not tell the city this would cost more money at that time and the city did not ask if there were additional costs. Mayor Klanderud said the additional costs are $15,000 for the extra work on Burlingame, $4700 on the housing office reorganization and $5400 for proposed additional work on defining affordable housing. Mayor Klanderud noted Council did not give approval for the additional costs as they were not told of these costs. Councilman Semrau noted EPS is willing to accept $15,000 for all 3 of the tasks. Councilman Semrau agreed there was some confusion and urgency. Councilman Semrau said all this work is worth $15,000, although the procedures were not followed. Councilman Semrau noted the outcome measures are important if the city is gmng to private developers to work with them on housing projects and to have outcome measures in hand for these projects. Councilman Paulson said he feels this is a fair request and he supports it. Council agreed to the $15,000 additional costs for the 3 tasks of Burlingame, housing office reorganization and outcome measures for affordable housing projects. Mayor Klandemd said she does not want something like this to happen again. Councilman Hershey moved to go into executive session at 8:05 p.m. pursuant to C.R.S. 24-6-402(4)(a) to discuss property acquisition on AVLT and 24-6-402(4)(b) to discuss potential litigation; seconded by Councilman Paulson. All in favor, motion carried. Councilman McCabe moved to come out of executive session at 8:25 p,m.; seconded by Councilman Paulson. All in favor, motion carried. Councilman McCabe moved to adjourn at 8:25 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kat~/y~ S. Koch, City Cler"fl~' 12