HomeMy WebLinkAboutminutes.council.19980323Aspen City Council Regular Meeting March 23, 1998
Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers
Richards and Markalunas present.
DENVER BRONCO DAY IN ASPEN
Mayor Bennett said members of the Denver Broncos and other NFL teams will be in
Aspen this week in conjunction with a fund raiser for Aspen Grassroots Experience.
Councilwoman Richards moved to declare March 28 as Denver Bronco Day in
Aspen; seconded by Councilman Markalunas. All in favor, motion carried.
CITIZEN PARTICIPATION
1. Tony Zurcher, granddaughter of Elizabeth Paepcke, said she is here about the
demolition of Mrs. Paepcke’s house. Ms. Zurcher told Council she was shocked
when she heard about the proposed demolition of her grandmother’s house. Ms.
Zurcher said everyone was caught unaware of the proposed demolition and people
have reacted with unbelief. Ms. Zurcher said when the house was sold, everyone
understood that it’s historic designation required the house to remain whole and not
to be demolished. Ms. Zurcher begged reconsideration of the decision to demolish
the house as the general public was not aware of what was going on. Ms. Zurcher
said the role of government it is to protect its citizens.
2. Bill Stirling said the government officials are supposed to be aware of issues
so that the citizens do not have to track every issue. Stirling said he has never
known a house that could not have been restored. Stirling said when he was a
member of Council, they revamped the historic guidelines and swore they would
never see another house torn down. Stirling suggested a 60 day cooling off period
to give the owners and designers time to work with the HPC to come up with an
alternative design concept that would not involve tearing the house down.
Mayor Bennett said he likes the cooling off period. Councilwoman Richards
suggested the city consider ways to contribute in order to be part of this process.
3. Helen Palmer said change is a positive thing. However, there is a lot of
architecture that contains no nourishment. The Paepcke house contains a lot of
spiritual nourishment for this community and represents what citizens consider
“Aspen”.
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Aspen City Council Regular Meeting March 23, 1998
4. Lada Vrany worked for Mrs. Paepcke for over 40 years and has not seen one
crack in the house. Vrany said he doesn’t want to see this house torn down.
5. Jon Busch said what has happened with the Paepcke house is indicative of a
bigger problem over the last several years in Aspen. Busch said it is important to
acknowledge history as well as the people who established Aspen. Busch said he is
suspicious of how this came about and the legal staff should look into the process.
6. Charlie Hopton said this house should be saved at whatever cost. Hopton
said the owners bought it knowing it was an old building.
7. Sam Caudill said the town has to decide what direction to g o and what kind
of legacy to leave our children. Caudill said the city could hire a structural engineer
to examine the house for an independent report.
Mayor Bennett said what is happening is almost unimaginable. Mayor Bennett said
this dialogue should be held with the owners and architects of the house and with
the Historic Preservation Commission. Councilwoman Richards said Council did
receive a packet of information from the staff and HPC about the public hearing.
An announcement was made at a Council meeting. There was no press story about
this HPC meeting. There was no report back on HPC’s final decision or of the
appeal process. Councilwoman Richards said the HPC has had 6 public meetings
on this property. Councilwoman Richards said she would like to find a way to open
the process back up and meet with the owners.
8. Ramona Markalunas pointed out community character is important to every
one in Aspen and there will be very little community character if historic buildings
continue to be destroyed. Ms. Markalunas said there would be very few historic
buildings if the city had not created the Historic Preservation Commission in the
early 1970s and created the downtown and Main street historic districts. Ms.
Markalunas noted 414 North First appears on the historic inventory in 1981, which
means it was indestructible. Ms. Markalunas said demolition of the house is a
sacrilege.
9. Tom Peirce said the new owners bought this house with the understanding
that it would remain. The new owners must know how important this house is to
connect to the past. Peirce said the city needs to work to make saving this house
possible.
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Aspen City Council Regular Meeting March 23, 1998
10. Steve Hansen said he feels the design team has done a sensational job and the
owners have gone beyond what is required. The owners have complied with every
requirement of the city and have gone through a vigorous process.
11. Gary Beech said preservation is not just about saving boards and bricks. The
Paepcke house is much more than just board and bricks and it should be preserved
for the community.
Councilman Markalunas apologized for not keeping watch on this. Council was not
made aware of the appeal process in time to do anything about the decision.
Councilman Markalunas said the structures around town serve to remind people in
Aspen of their extraordinary heritage. If Aspen does not honor its past, where will
generations to come learn of struggles, trials, tribulation and triumphs. Councilman
Markalunas said town and world leaders met in the Paepcke house to discuss lofty
goals and humanity. Councilman Markalunas said Aspen must not disregard its
heritage by allowing the demolition of the Paepcke house. A community’s greatness
lies in the recognition and preservation of its past. Councilwoman Richards said she
would like to find a way to save this building.
Mayor Bennett noted the HPC minutes make it very clear that the house has been
altered many times and this house is not a pristine Victorian house. Mayor Bennett
said his concern is that this house is the fundamental spirit of Aspen. The Skiing
Company was formed at this house; the executive seminars of the Aspen Institute
were formed at this house; the Aspen Idea was formed in this house; the
International Design Conference was created at this house; the Aspen Center for
Physics was created at this house. Mayor Bennett said the city should reach out to
the owners of the house to see if there is a win win solution with this problem.
Mayor Bennett said there will be a work session Monday March 30th at 5 p.m. The
topic will be to review the status of the Brown Paepcke house as well as review
historic preservation goals.
COUNCILMEMBER COMMENTS
1. Councilwoman Richards moved to add a request for funds to the CARTS
(Corridor Alliance for a Rapid Transit Solution) of $500; seconded by Councilman
Markalunas. Councilwoman Richards said CARTS has been formed to work on
transportation along the I-70 corridor from Denver to Glenwood Springs. High
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Aspen City Council Regular Meeting March 23, 1998
speed transit has been identified as the long term solution for this corridor. All in
favor, motion carried.
2. Councilman Markalunas moved to add a request for funds to Aspen
Grassroots Experience of $1500 for the fund raiser and community events; seconded
by Councilwoman Richards. All in favor, motion carried.
3. City Manager Margerum requested Council add approval of a letter of
support for house bill 1335 to the consent calendar. Ms. Margerum said this bill
creates a fixed guideway authority for the I-70 corridor.
Councilman Markalunas moved to add a letter of support of HB 1335 to the consent
calendar; seconded by Councilwoman Richards. All in favor, motion carried.
4. City Manager Margerum said the County Commissioner have requested a
joint work session with council on water policies and have suggested April 7th.
Council agreed to April 7 at 4 or 5 p.m.
CONSENT CALENDAR
Councilman Markalunas moved to read Ordinance #6, Series of 1995; seconded by
Councilwoman Richards. All in favor, motion carried.
ORDINANCE #6
(Series of 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A GMQS
EXEMPTION AND SUBDIVISION APPROVAL AND VESTED PROPERTY
RIGHTS FOR THE TIPPLER TOWNHOMES, 535 DEAN STREET, A PARCEL
OF LAND SITUATED IN LOTS L, M AND N, BLOCK 97, ASPEN TOWNSITE,
LOT 1, TIPPLE WOODS SUBDIVISION AND LOT 2 GANNON’S ENTRY IN
THE NW 1/4 OF SECTION 18 TOWNSHIP 10 S. R, 84 W., OF THE 6TH PM
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO was read by
the city clerk
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Aspen City Council Regular Meeting March 23, 1998
Councilwoman Richards moved to adopt the consent calendar as amended;
seconded by Councilman Markalunas. The consent calendar is:
·
Minutes - March 9, 1998
·
Resolution #20, 1998 - Golf Cart Path Contract
·
Request for Funds - Traffic Calming/Pothole Relief
·
Request for Funds - Roller Hockey Boards
·
Ordinance #6, 1998 - Tippler Townhomes GMQS Exemption, Subdivision &
Vested Rights
·
Request for Funds - CART - $500
·
Request for Funds - Aspen Grass Roots Experience $1500
·
Letter of Support for HB 1335
Roll call vote; Councilmembers Markalunas, yes; Richards, yes; Mayor Bennett,
yes. Motion carried.
RESOLUTION #17, SERIES OF 1998
- Morgridge Annexation
City Attorney John Worcester told Council when they adopted Resolution #8, Series
of 1998, it set a public hearing date on this annexation for this meeting. The public
hearing is to determine whether this meets the annexation requirements.
Mayor Bennett opened the public hearing.
City Clerk Kathryn Koch reported the public notices and publication were in order.
Stan Clauson, community development director, said there is one-sixth contiguity
with the city limits. The area is urban and developed and a community of interests
exists. City services are currently being extended to the property. Clauson said this
annexation is consistent with the AACP annexation element. Worcester said the
next step is for staff to initiate zoning and to prepare an ordinance for Council to
consider.
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Aspen City Council Regular Meeting March 23, 1998
Mayor Bennett closed the public hearing.
Councilwoman Richards moved to adopt Resolution #17, Series of 1998; seconded
by Councilman Markalunas. All in favor, motion carried.
Councilwoman Richards moved to continue the public hearing on Ordinances 1 and
3, Series of 1998; seconded by Councilman Markalunas. All in favor, motion
carried.
REQUEST FOR FUNDS
- Woody Creek Trailer Park
Dave Tolen, housing director, told Council his office and the trailer residents have
been working to acquire this property and then sell the property back to the
residents, as was done with Smuggler and Aspen Village. Tolen said appraisal
work has been done and the housing office is ready to make an offer to the owner of
the park. Tolen said the housing office was hoping to sell a piece of property and
use those funds to purchase the trailer park. Tolen requested to use money in the
housing day care funds on an interim basis and to be paid back either from the sale
of the trailer park to the residents or the sale of the county-owned property. Tolen
presented a financial analysis of the fund and pointed out this loan leaves the fund
with enough money to do all the projects that have been discussed with Council.
Councilwoman Richards moved to approve the loan of housing fund to the housing
office for the Woody Creek Trailer park buy out of $1.1 million; seconded by
Councilman Markalunas. All in favor, motion carried.
ORDINANCE #7, SERIES OF 1998
- Bell Mountain Townhomes PUD,
Subdivision & Vested Rights
Councilman Markalunas moved to read Ordinance #7, Series of 1998; seconded by
Councilwoman Richards. All in favor, motion carried.
ORDINANCE #7
(Series of 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING
SUBDIVISION AND CONSOLIDATED CONCEPTUAL/FINAL PLANNED
UNIT DEVELOPMENT (PUD) APPROVAL, INCLUDING A VARIANCE TO
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Aspen City Council Regular Meeting March 23, 1998
THE MAXIMUM HEIGHT LIMIT AND THE MINIMUM OPEN SPACE
REQUIREMENT, AND VESTED PROPERTY RIGHTS FOR THE BELL
MOUNTAIN TOWNHOMES, 720 E. COOPER AVENUE, LOTS K,L,M,N,O,P.
AND Q, BLOCK 105, TOWN OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO was read by the city clerk
Stan Clauson, community development director, said one issue is the relationship of
this project to the Independence Pass Plaza. Clauson said this approval and project
represents a fallback if the Independence Pass Project does not move forward.
Clauson reminded Council the Independence Pass Project is moving forward;
however, the applicants feel they must pursue this project with the history of the
Independence Pass.
Clauson said when the Fireside Lodge was approved in 1997, Council expressed
concern about the change in use provisions and small lodge conversions, which
allowed a lodge to convert to a residential property without mitigation if it could be
showed that conversion had less employee generation impact than the original use.
Staff is working on this issue with P & Z and has delayed the small lodge lottery in
order to work through this process. The Bell Mountain project has timing issues;
they have been in the process since before Council’s direction regarding this
mitigation issue. Clauson noted this project does include voluntary ADUs.
Mitch Haas, community development department, said issues outlined in the staff
memo are the LP allocations and the project request beyond those allocations; the
PUD request for a variance of the height and open space requirements of the zone
district. Staff supports both these variance requests. Mayor Bennett asked if staff
has researched the dates of applications and Council’s request of change in
direction. John Worcester, city attorney, told Council most case law in Colorado
states the applicant is entitled to rely upon the law in existence at the time of the
application. Worcester said even in states that recognize the pending ordinance
doctrine would not recognize a request from Council to close a loophole to be a
pending ordinance. Haas said there are 5 ADUs included at just under the
maximum size at 694 square feet. Councilman Markalunas said he does not believe
that ADUs should be relegated to below grade spaces. The applicant told Council
the height variance allows the ADUs to be half in and half out of below grade
spaces. Councilwoman Richards said at second reading she would like the
applicants to address how these ADUs will be used; will they be rented by the
property owners or sold by the housing office or rented through the housing office.
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Aspen City Council Regular Meeting March 23, 1998
Council thanked the applicant for including ADUs even though they are not
required.
Councilwoman Richards moved to adopt Ordinance #7, Series of 1998, on first
reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers
Richards, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried.
SCHEDULE BOARD INTERVIEWS
Council set Tuesday April 14th at 4 p.m. to interview candidates for boards and
commissions and to interview the joint RFTA candidates with the BOCC on
Tuesday, April 7 at 4:30 p.m.
Councilman Markalunas moved to go into executive session for the purpose of
discussing property acquisition at 7 p.m.; seconded by Councilwoman Richards
Councilwoman Richards moved to come out of executive session at 7:25 p.m.;
seconded by Councilman Markalunas. All in favor, motion carried.
Councilman Markalunas moved to adjourn at 7:25 p.m.; seconded by
Councilwoman Richards. All in favor, motion carried.
DENVER BRONCO DAY IN ASPEN ................................ ................................ ... 1
CITIZEN PARTICIPATION ................................ ................................ ................... 1
COUNCILMEMBER COMMENTS ................................ ................................ ....... 3
CONSENT CALENDAR ................................ ................................ ........................ 4
Minutes - March 9, 1998 ................................ ................................ ..................... 5
Resolution #20, 1998 - Golf Cart Path Contract ................................ .................. 5
Request for Funds - Traffic Calming/Pothole Relief ................................ ............. 5
Request for Funds - Roller Hockey Boards ................................ .......................... 5
Ordinance #6, 1998 - Tippler Townhomes GMQS Exemption, Subdivision &
Vested Rights ................................ ................................ ................................ ...... 5
Request for Funds - CART - $500 ................................ ................................ ....... 5
Request for Funds - Aspen Grass Roots Experience $1500 ................................ .. 5
Letter of Support for HB 1335 ................................ ................................ ............. 5
RESOLUTION #17, SERIES OF 1998 - Morgridge Annexation ............................. 5
REQUEST FOR FUNDS - Woody Creek Trailer Park ................................ ............ 6
ORDINANCE #7, SERIES OF 1998 - Bell Mountain Townhomes PUD,
Subdivision & Vested Rights ................................ ................................ ................... 6
SCHEDULE BOARD INTERVIEWS ................................ ................................ ..... 8
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Aspen City Council Regular Meeting March 23, 1998
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