HomeMy WebLinkAboutminutes.council.19971124Regular Meetin~ Asoen City Council November 24, 1997
Mayor Pro Tem Richards called the meeting to order at 5:10 with Councilmembers
Paulson, Markalunas, and Vickery present.
OUTSTANDING EMPLOYEE BONUS AWARD
Mayor Pro Tem Richards and Council presented Julie Lampton, Wheeler Opera
House, with an outstanding employee bonus award.
CITIZEN COMMENTS
There were none.
COUNCILMEMBERS COMMENTS
1. Mayor Pro Tem Richards thanked Council for bearing the load while she was
out of town.
2. Councilman Markalunas noted this week is Thanksgiving and Council should
give thanks to all the people who contribute their time to Aspen.
3. Randy Ready, assistant city manager, announced that Barbara Umbreit,
community relations director, has accepted a position in Snowmass and will be
leaving the city December 19th. Also, the city' s asset manager, David Hauter, will
be leaving this week. He will stay on a contract basis through 2 remaining major
projects.
4. Randy Ready, assistant city manager, said there is a meeting December 2
from 1 to 4 p.m. to look at the question of how to move skiers and commuters
between Aspen and Snowmass.
5. Randy Ready, assistant city manager, announced an open house November
251h at the Wheeler Opera House to look at all the work on the downtown
Enhancement Plan done by the citizen's committee.
6. City Attorney John Worcester asked Council to move Ordinance #43, Series
of 1997, Tennis Townhomes Extension of Vested Rights, to the consent calendar.
Regular Meetin~ Asoen City Council November 24, 1997
Councilman Markalunas moved to move Ordinance #43, Series of 1997, Tennis
Townhomes Extension of Vested Rights, to the consent calendar; seconded by
Councilman Vickery. All in favor, motion carried.
7. Mayor Pro Tem Richards said Council needs to set up interviews for the joint
housing board appointment.
CONSENT CALENDAR
Councilman Markalunas moved to read Ordinances #37, 41, 40, 42 and 43;
seconded by Councilman Paulson. All in favor, motion carried.
ORDINANCE N0. 37
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL
APPROVING AN AMENDMENT TO CHAPTER 26 OF THE MUNICIPAL CODE,
LAND USE REGULATIONS, SECTION 26.100.040 "ANNUAL DEVELOPMENT
ALLOTMENTS"; SECTION 26.100.060 "DEVELOPMENT ALLOTMENT
PROCEDURES"; AND SECTION 26.102.060 "PROCEDURE AND STANDARDS FOR
DEVELOPMENT ALLOTMENT" RELATED TO THE GROWTH MANAGEMENT
QUOTA SYSTEM.
ORDINANCE NO. 41
Series of 1997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A WATER SERVICE AGREEMENT WITH DR.
RICHARD C. PHIl LIPS, RAYMOND N. AUGER, AND ALBERT G. TIMROTH
AND DONNA M. TIMROTH FOR PROVISION OF TREATED WATER SERVICE
TO A PRIVATE WATER SYSTEM TO SERVE THEIR PROPERTIES LOCATED
ON NORTH SPRUCE STREET AND KNOWN AS 709, 770, AND 777 NORTH
SPRUCE STREET.
ORDINANCE NO 40
(Series of 1997)
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Regular Meetin~ Asoen City Council November 24, 1997
AN ORDINANCE RECOGNIZING GENERAL FUND REVENUE OF $10,000;
APPROPRIATING GENERAL FUND EXPENDITURES OF $185,686; TRANSFERRING
$10,000 FROM THE HOUSING/DAYCARE FUND TO THE GENERAL FUND;
RECOGNIZING WHEELER REVENUES OF $156,000; APPROPRIATING WHEELER
FUND EXPENDITURES OF $264,032; APPROPRIATING PARKS & OPEN SPACE FUND
EXPENDITURES OF $64,300; APPROPRIATING HOUSING/DAYCARE FUND
EXPENDITURES OF $5,000; APPROPRIATING WATER FUND EXPENSES OF $10,000;
APPROPRIATING WATER PLACE HOUSING FUND EXPENDITURES OF $4,353,415;
RECOGNIZING LOTTERY FUND REVENUES OF $144,910.
ORDINANCE NO. 42
Series of 1997
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
ASPEN BY AMENDING SECTIONS 2.12.020, 2.12.030, 2.12.040, 2.12.050(b),
2.12.050(d), 2.12.060, 2.12.080, 2.12.090,2.12.100, AND 26.04.060 TO INCREASE
LAND USE APPLICATION FEES, I-HSTORIC PRESERVATION APPLICATION
FEES, ZONING PROCESSING AND ENFORCEMENT FEES, ASPEN ICE
GARDEN USER FEES, JAMES E. MOORE POOL USER FEES,
MISCELLANEOUS LEISURE AND RECREATION DEPARTMENT USER FEES,
MISCELLANEOUS POLICE DEPARTMENT FEES, MISCELLANEOUS DOG
LICENSING FEES, AND PARKING FEES
ORDINANCE #43
(Series of 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A ONE MONTH
EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND
VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND
EXTENDED BY ORDINANCE NO. 22, SERIES OF 1994, ORDINANCES NO. 10,
SERIES OF 1995, ORDINANCE 39, SERIES OF 1995, ORDINANCE NO. 6,
SERIES OF 1996, ORDINANCE NO. 27, SERIES OF 1996, ORDINANCE NO. 5,
SERIES OF 1997, AND ORDINANCE NO. 30 SERIES OF 1997, OF LOT 6 OF
THE ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN,
PITKIN COUNTY, COLORADO
were read by the city clerk
Councilman Vickery requested Ordinance #37, Series of 1997, be put on action items.
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Regular Meetin~ Asoen City Council November 24, 1997
Councilman Markalunas moved to adopt the consent calendar as amended; seconded by
Councilman Paulson. The consent calendar is:
Minutes - November 10, 1997
Kids' First Board Appointments - Jeff Hanle, Heather Morse, Erlinda Moorehead
Ordinance #41, 1997 - North Spruce Street Water Extension
Ordinance #40, 1997 - Appropriations
Fee Waiver Request - Kids' Stuff Foundation Silver Lining Ranch
Resolution #85, 1997 - 1/2 Cent Transportation Expenditures
Ordinance #42, 1997 - 1998 Fees
Ordinance #43, 1997 - Tennis Townhomes Extension of Vested rights
All in favor, motion carried.
RESOLUTION #83, SERIES OF 1997 - 1998 Budget
Sheila Steinauer, budget director, reminded Council this is the second year of a two
year and formula based budget. The formula in the expenditures is a $.5% increase
over 1997. Revenues are $35,439,038 and expenditures are $33,915,979. Ms.
Steinauer told Council sales tax revenues account for 33% of city revenue.
Ms. Steinauer noted the additions to the 1998 budget in the general fitnd are
recreation program of $27,000; two employees going from part time to fidl time in
personnel and community development; an engineering intern and a temporary
treasurer. Ms. Steinauer told Council the general fitnd has a healthy cash over
reserve balance of $609,000. All city fitnds are in excellent conditions with 1998
cash balances surpassing required reserves.
Mayor Pro Tem Richards opened the public hearing. There were no comments.
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Regular Meetin~ Asoen City Council November 24, 1997
Council continued the public hearing and the budget to the December 15th Council
meeting.
RESOLUTION #84, SERIES OF 1997 - 1998 Mill Levy
Sheila Steinauer, budget director, told Council this proposes the mill levy be the
same as last year at 5.401 mills. The assessed valuation of Aspen is $463,891,000
and earns revenue of $2,505,477, of which $1,925,613 is for the general asset
management fitnd.
Mayor Pro Tem Richards opened the public hearing. There were no comments.
Council continued this to the December 15th Council meeting.
COZY POINT REOUEST FOR PROPOSALS
Rebecca Schickling, parks department, reminded Council the city has owned Cozy
Point for 3 years. It was purchased for affordable housing, to preserve open space
at the entrance to Aspen, and to preserve equestrian facilities. The city purchased
this very quickly to see what the possibilities were and to prevent possible
development. No master plan has been done for this area. Ms. Schickling noted
some private parties have approached the city to purchase Cozy Point. At that time,
the city decided to develop an RFP to see what proposals for the property might be.
The city formed a task force to review the RFPs to see if it included everything the
city wanted to preserve for Cozy Point.
Ms. Schickling said there are strong feelings to preserve the equestrian uses as one
of the last publicly accessed facilities in the valley. A majority of the task force
feels the city should retain ownership of Cozy Point. The task force is
recommending to proceed with the RFPs but with more flexibility and to see what
creative solutions there may be in the community. Ms. Schickling introduced the
task force members present; Tim McFlynn, Monroe Summers, Randy Bolton, Cathy
Honea, the manager of Cozy Point.
McFlynn said this 205 acres were purchased for $3 million. McFlynn said there has
been a chunk taken out of the property for the highway. Since this is just being
complete, McFlynn requested Council take more time on the disposition of this
property. McFlynn said one idea is the resurrection of the recreation district for this
Regular Meetin~ Asoen City Council November 24, 1997
property. McFlynn said the task force can do more work, if there is more time. The
task force members have indicated they are willing to continue to participate.
Steve Barwick, assistant city manager, said this is not a decision to sell but is merely
the issuance of a request for proposal for sale of the property. This will help the city
look at what to do with Cozy Point. Ed Korn said he feels it would be a mistake for
the city to sell the property without a very set plan. Korn said he does not feel this
property should be developed except for some small amount of affordable housing.
Councilman Paulson said he is not anxious to sell the property bm to hold onto it for
the fitture. Councilman Paulson said he would like the property be available to the
public. Mayor Pro Tem Richards agreed this is a land banking type of purchase in
an area that would be under development potential. Mayor Pro Tem Richards said
the original thought was 17 acres on the downvalley side for affordable housing,
which is still a valid site for affordable housing. Mayor Pro Tem Richards said if
the city does go forward with a RFP, she would like to see this in a long time line.
Mayor Pro Tem Richards noted the county is doing a mid-valley master plan; the
city is updating the AACP housing component. There will be a housing roundtable
discussion in the next several months. How Cozy Point fits into all this should not
be decided before all this work. Mayor Pro Tem Richards said one issue is the
money to operate an equestrian center. Mayor Pro Tem Richards said the city does
not have money set aside for operation of an equestrian center, like operating an ice
rink. Without county-wide participation, the city is unable to expand any recreation
programs. Mayor Pro Tem Richards said she does not feel this would be a good site
for a recreation center; it is in the highway corridor; the view plane is essential. The
housing envisioned for this location was very small scale, compact and clustered.
Councilman Markalunas agreed the preservation of this property is very important;
however, a key player has been left out - the Town of Snowmass Village.
Councilman Markalunas said he favors keeping the property and trying to work with
a private equestrian operation and to plan some housing units. Councilman
Markalunas thanked Tim McFlynn for all his efforts on this property and on the
Hummingbird open space as well.
Councilman Vickery said this is a strategic parcel and it was a wise purchase of the
city. Councilman Vickery said he supports keeping the parcel as long as there is a
long range plan for the property. Councilman Vickery supports going forward with
the requests for proposals just looking for options of what to do with the property.
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Regular Meetin~ Asoen City Council November 24, 1997
Cathy Honea, manager of the property, told Council she feels Cozy Point ranch can
stand on its own. It cannot pay its debt service but could operate without a subsidy.
An operator with a long term lease could do some of the repairs. Mayor Pro Tem
Richards pointed out there is no long term capital analysis for Cozy Point, what the
repairs in 5 or 10 years will be. Mayor Pro Tem Richards said Council needs this
information before they can make decisions. Mayor Pro Tem Richards said she
would also like to know what trails could be accessed from this ranch for equestrian
riders.
Mayor Pro Tem Richards said there is going to be a housing symposium which
might give some clarity to affordable housing and the county' s goals for that, it
might give Council more information with which to evaluate the proposals for this
property. Council agreed the request for proposal should give at least a 90 day time
frame. Mayor Pro Tem suggested having the task force continue and refine the
ideas. Ms. Margemm recommended Council officially appoint a task force as the
previous group was self-elected. Ms. Margemm suggested someone from the asset
planning committee be added to the group. The task force should be as broad based
as possible. This task force can also help Council evaluate the RFPs. Mayor Pro
Tem Richards said Council may also want to look at different financing scenarios if
the city decides to keep Cozy Point.
Councilman Vickery said he is interested in a long range vision for Cozy Point, what
is the long range value of the property, what could be done with the property as well
as technical master planning of the property. Ms. Margemm said Council needs to
answer policy questions, such as how much public access would the Council expect
from a private purchaser, can free market rates be charged for horses. Ms.
Margemm said staff can do the master planning and come back to Council and find
out the policy answers on housing, how much housing, where would the housing be
located.
Councilman Vickery said Council should open the process to anyone who is
interested and then Council can look at which proposal suits the long term goals of
the City. McFlynn said there are a lot of restrictions on this property and anyone
interested would have to do a lot of research to find all these restrictions. McFlynn
said people interested should know Council' s minimum matrix of conditions.
Mayor Pro Tem Richards agreed there should be a packet of material available that
is all the technical information, the restrictions on the land, what is known about
operations, maintenance capital and the county process. Ms. Margemm suggested a
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Regular Meetin~ Asoen City Council November 24, 1997
representative of the county on the task force so that the master plan will fit that of
Pitkin County.
Cathy Honea, operator, told Council she has worked hard on public access in all
equestrian disciplines and making it open for everyone. People who do not board
horses there can bring them in for riding.
Ms. Margemm suggested staff take this information, brainstorm and come back to
Council with a specific process, a one page outline of where the city is going with
Cozy Point. Mayor Pro Tem suggested contacting the county to see if they are
interested in a master plan process with the city. Councilman Markalunas said the
city should not lose sight of the fact that the property was purchased to preserve it
from inappropriate development. The city should develop a long range plan for the
property. Councilman Markalunas said this property may include a rail envelope.
ORDINANCE #37, SERIES OF 1997 - Code Amendment GMQS
Julie Ann Woods, community development department, recommended 3 changes to
the growth management section of the code. These are (1) streamline the appeal
process; (2) allow for amendment to the application when there is no competition,
and (3) allow certain exempt flee market and affordable projects to get multi-year
allotments. Ms. Woods said this will allow for more consistency with the county
code.
Councilman Vickery asked if there is a definition for "exceptional" projects. Ms.
Woods said there are standards listed; staff evaluates whether a project gets to the
scoring process. Councilman Vickery said a minimum standard in each category is
established and it seems that an exceptional project could be numerically quantified.
John Worcester suggested when the city goes through the AACP review, they may
want to discuss quantifying exceptional projects. Worcester said there are standards
and criteria the growth management commission uses to decide what an exceptional
project is. Council agreed that "exceptional" ought to be defined.
Councilman Vickery moved to adopt Ordinance #37, Series of 1997, on first
reading; seconded by Councilman Paulson. Roll call vote; Councilmembers
Markalunas, yes; Vickery, yes; Paulson, yes; Mayor Pro Tem Richards, yes.
Motion carried
Regular Meetin~ Asoen City Council November 24, 1997
RESOLUTION #86, 1997 - Independence Pass Plaza Project
Councilman Paulson said he has more of a conflict of interest on this project than he
did 4 years ago. Councilman Paulson said he is concerned about where the city is
headed with this project and if this is the right way for the city to go. Councilman
Paulson said he will step aside for this subject.
Stan Clauson, community development director, said staff is pursuing the
appropriateness of this project as directed by Council. Clauson said over the years,
citizens committees have recommended to the city that this is a project worth
considering. Staff is working to form it into a userid project for the community.
Clauson reminded Council the city received a scaled down plan in late 1995. A
number of meetings on that plan was held during 1996. Staff did two studies with
consultants, the economic basis for the project to determine if it is feasible, and an
urban design study to look at bulk and massing in the latest version.
Clauson said staff is here to present the design charette findings, to request design
review committee approval, and to request a small budget for this process.
Clauson noted a list of names for potential members to the design review committee
is included in Council's packet.
Bob Nevins, community development department, presented a model which
illustrates the current build out and the current zoning, the adjoining properties. The
Independence Place Project consists of the Bell Mountain site of 21,000 square feet,
zoned RMF with a LP (lodge preservation) overlay; existing FAR of 1:1, maximum
height 25 feet and City Market 27,000 square feet, zoned neighborhood commercial,
maximum FAR 1:1, height limit 28 feet, special review to 32 feet.
Nevins said the recommendation is to rezone the property to neighborhood
commercial and NC+. Neighborhood commercial will be locally serving, similar to
those uses found in the Durant Mall; NC+ is locally owned businesses with a larger
variety of services they can provide; the rents will be capped comparable with those
in E1 Jebel. The allowable floor area will be 1:1 with a bonus of .35:1 for affordable
housing. The height limit will be 28 feet with 32 feet by special review. The
businesses will be on the first floor with a combination of free market residential on
second and third floors on the Bell Mountain site; the affordable housing will be
located to the east of the free market housing. City Market will be placed one level
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Regular Meetin~ Asoen City Council November 24, 1997
below grade and will take up the entire site. There will be 228 parking spaces. The
current design proposal contains 25 per cent open space.
Nevins told Council the consultants found the proposal fits within the existing
environment. There is a potential for an increased development program of
affordable housing. Another finding is that transportation and circulation should be
more fidly researched, either closing Cooper Avenue or making it a special transit
street. Another recommendation is to change the garage entry perpendicular to
Cooper Avenue. The financial consultants found the project to be financially
feasible, there should be sufficient fitnds to subsidize the cost of the below grade
City Market based on revenues from free market housing. Fees generated by public
parking would cover the cost of development and the sale of affordable housing
would cover their development costs. Public financial participation would be
limited to public improvements.
Nevins recommended staff accept the DWI and ETS reports and that a citizen
review committee be appointed to make a recommendation to Council on whether
the city should proceed with the preparation of a land use application. Nevins told
Council this has been reviewed and approved by DEPP and by HPC.
Nevins said the original plan was to close Cooper Avenue and have it be a plaza.
After review by DEPP and HPC, it was felt a plaza was not in keeping with locally
serving businesses and was not consistent with the original town form. The traffic
engineers stated the traffic is well balanced on the existing city streets; eliminating
the traffic on this block of Cooper Avenue would crowd other streets. Councilman
Markalunas asked how many parking spaces will be displaced by this project.
Clauson said the net increase will be 128 spaces.
Mayor Pro Tem Richards said she has supported this project based on no net new
parking; this will be curbside parking replacement. Mayor Pro Tem Richards said
she is not sold on the loss of the plaza. She would like to have more conversation
about this design change. Mayor Pro Tem Richards said Cooper Avenue in this
block could become an extremely busy street if it is not a public space. There is the
idea of making this a turn around for the Galena street shuttle, or it could be one-
lane.
Mayor Pro Tem Richards suggested it would be a good idea of have a DEPP
member continue on the Plaza work; a representative from the Chamber would also
be good, as well as an original member who developed the downtown parking
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Regular Meetin~ Asoen City Council November 24, 1997
recommendations. Mayor Pro Tem Richards supports spending $2,000 and accepts
the findings of the two reports. Mayor Pro Tem Richards asked if these reports
have been reviewed by the other two participants. Nevins said City Market does
not have any problems with the report as drafted. There are conversations with Bell
Mountain.
Mayor Pro Tem Richards said the members of this task force should make sure the
groups they represent get feedback from this process. Mayor Pro Tem Richards
pointed out both Bell Mountain and City Market have rights to build on their
respective properties without the benefit of extra public parking. Councilman
Vickery asked if there is an itemization of the proposed public improvements.
Clauson said there is an itemization of those costs in the report. Staff plans to
review these more closely. Amy Margemm, city manager, said these costs are
related to relocation of the water line, electric transformers, street lights and street
improvements. Councilman Vickery asked for details on the costs of planning and
land use application that the city is to cover. Clauson said this detail, too, needs to
be refined. Clauson said the proposal is that the city will handle the infrastructure
costs and the land use application. Clauson said the other applicants have requested
the city be the applicant for the project in the landuse process. Mayor Pro Tem
Richards pointed out that the financial analysis discusses the sales tax increase
generated by this project. Mayor Pro Tem Richards also noted this project calls for
the city' s partners to pay for 100 percent of the parking spaces. Mayor Pro Tem
Richards said Council is approving a budget of $2,000 in order to get more detail
and review from a task force.
Councilman Markalunas moved to approve Resolution #86, Series of 1997, to
allocates $2,000; and Resolution #87, 1998, to accept the 2 reports and to formulate
a Citizen Review Committee; seconded by Councilman Vickery. All in favor,
motion carried.
Councilman Vickery moved to approve Resolution #87, Series of 1997; seconded
by Councilman Markalunas. All in favor, motion carried.
Councilman Markalunas moved to go into executive session to discuss real property
acquisition at 8:30 p.m.; seconded by Councilman Vickery. All in favor, motion
carried.
Councilman Markalunas moved to extend the meeting to 9:30 p.m.; seconded by
Councilman Paulson. All in favor, motion carried.
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Regular Meetin~ Asoen City Council November 24, 1997
Councilman Markalunas moved to come om of execmive session at 9:25 p.m;
seconded by Councilman Paulson. All in favor, motion carried.
Councilman Markalunas moved to adjourn at 9:25 p.m.; seconded by Councilman
Paulson. All in favor, motion carried.
Kathryn S. Koch, City Clerk
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Regular Meetin~ Asoen City Council November 24, 1997
OUTSTANDING EMPLOYEE BONUS AWARD .................................................1
CITIZEN COMMENTS ..........................................................................................1
COUNCILMEMBERS COMMENTS .....................................................................1
CONSENT CALENDAR ........................................................................................2
Minutes - November 10, 1997 .............................................................................4
Kids' First Board Appointments - Jeff Hanle, Heather Morse, Erlinda Moorehead4
Ordinance #41, 1997 - North Spruce Street Water Extension ...............................4
Ordinance #40, 1997 - Appropriations .................................................................4
Fee Waiver Request - Kids' Stuff Foundation Silver Lining Ranch ......................4
Resolution #85, 1997 - 1/2 Cent Transportation Expenditures .............................4
Ordinance #42, 1997 - 1998 Fees ........................................................................4
Ordinance #43, 1997 - Tennis Townhomes Extension of Vested rights ................4
RESOLUTION #83, SERIES OF 1997 - 1998 Budget ............................................4
RESOLUTION #84, SERIES OF 1997 - 1998 Mill Levy ........................................5
COZY POINT REOUEST FOR PROPOSALS .......................................................5
ORDINANCE #37, SERIES OF 1997 - Code Amendment GMQS ......................... 8
RESOLUTION #86, 1997 - Independence Pass Plaza Project .................................9
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