HomeMy WebLinkAboutminutes.council.19980903Special Meeting Aspen City Council September 3, 1998
Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers
Vickery, Paulson, Markalunas and Richards present.
ELECTION ISSUES
John Worcester, city attorney, reminded Council they passed a resolution last month
calling for a special municipal election November 3 on the contingency that if the
citizen’s petition gathered enough signatures, the city would be required to hold an
election. Worcester told Council the citizen’s petition did not get enough signatures
to be certified by the city clerk. Council can cancel the special election or pass a
resolution putting one question on the ballot regarding transportation. Worcester
said the only reason to have a city question identical to the county question is to get
an exact count of city voters. If the question is just on the county portion of the
ballot, the early and absentee ballots are counted as one precinct and are not
distinguished between city and county. The early and absentee ballots can be as
much as 40 percent of the voters.
The question would read, “Do you support the concept of a Valley-Wide rail system
linking Glenwood Springs to Aspen”. Council agreed a city only question should be
placed on the November ballot.
Councilwoman Richards moved to adopt Resolution #65, 1998; seconded by
Councilman Markalunas. All in favor, motion carried.
ORDINANCE #37, SERIES OF 1998
- Code Amendment Prohibiting Overnight
Placement of Garbage Containers
Councilman Markalunas moved to read Ordinance #37, Seers of 1998; seconded by
Councilman Paulson. All in favor, motion carried.
ORDINANCE #37
(Series of 1998)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 12.040.060 OF THE MUNICIPAL CODE
OF THE CITY OF ASPEN TO PROHIBIT THE PLACEMENT OF GARBAGE,
TRASH AND ASH CONTAINERS FOR CURB-SIDE COLLECTION ON
STREETS AND ALLEYS IN RESIDENTIAL ZONE DISTRICT ADJACENT TO
PREMISES EXCEPT DURING DAYLIGHT HOURS ON THE DAY OF
SCHEDULED COLLECTION, ESTABLISHING A PENALTY FOR VIOLATION
THEREOF, AND DECLARING AN EMERGENCY was read by the city clerk
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Special Meeting Aspen City Council September 3, 1998
John Worcester, city attorney, said this ordinance prohibits placing garbage
containers in residential areas of the city over night. Garbage can only be placed
curb side on the day of garbage collection. This is a first step in an attempt to
correct problems with animals in trash. The city manager’s office will set up a task
force of staff and interested citizens to work on the garbage problem.
Councilwoman Richards said putting out food remainders in garbage is inviting
bears to come into residential neighborhoods. This prohibition would help change
human habits that lure bears into the neighborhood. Mayor Bennett said putting
trash out overnight is inviting dogs, raccoons and bears to break into it. Amy
Margerum, city manager, said this is only the first step to correct a recurring
problem. Staff feels that this ordinance will be an improvement, not just for the bear
problem. Councilman Markalunas said this ordinance should be coupled with an
education program. Staff should contact property management companies and
explain why this is being adopted.
Katharine Thalberg said the city should take on trash pick up as a city service and
provide trash pick up on a daily basis. Most residents have trash pick up only once
a week, and they cannot keep trash inside for a week. Bears do know how to get
into houses. Ms. Thalberg said the city should put adopting the ordinance off to
next spring and have a task force to work out the best way to address this problem.
This ordinance seems to require extra enforcement from city staff.
Ms. Margerum said she has spoken to the trash companies and they will pick up
trash more than once a week. If the city were to do the trash pick up, it would cost
the citizens, just as trash does now. Councilman Markalunas said having garage
trucks circulating and picking up trash 7 days a weeks will increase noise, traffic
and pollution. Councilwoman Richards agreed a task force of people with expertise
as well as and neighborhood representatives should develop a comprehensive plan
for a solution for next spring for the period of time that the animals attack the trash.
Worcester pointed out this ordinance does not prohibit garbage being stored outside
the house but only being stored curbside. Mayor Bennett said he likes the idea of a
task force. Mayor Bennett said daily trash pick up would have to be a community
decision as it would be extremely costly. The city would have to have a tax
increase and a vote for that if the city were to do the trash pick up. Mayor Bennett
said he likes this ordinance as a first step. Councilwoman Richards said she likes
the suggestion to have a committee work on code changes and report back to
Council prior to the May 1999 election in order to put a question on the ballot either
to use excess revenues to solve this problem or to raise taxes for more frequent
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Special Meeting Aspen City Council September 3, 1998
garage collection. Councilman Markalunas said other animals, like foxes and
raccoons, also get into the garbage.
Councilman Paulson moved to adopt Ordinance #37, Series of 1998, seconded by
Councilwoman Richards. Roll call vote; Councilmembers Markalunas, yes;
Paulson, yes; Richards, yes; Vickery, yes; Mayor Bennett, yes. Motion carried.
LP OVERLAY ZONE
Amy Margerum, city manager, reminded Council this code amendment was
continued from the last regular meeting. Council was concerned that the code
amendment for modifying the zone district dimension did not have a public hearing
requirement. Council was also concerned if the code amendment applied to an LP
project for conversion to residential or commercial that would also allow
dimensional variations. Ms. Margerum said Council also wanted the final action for
LP overlay to be reviewed by Council, not P & Z. Ms. Margerum said staff will
take the code amendment back to P & Z. Staff is recommending that P & Z be the
final review on these projects.
Councilwoman Richards said small lodges, before the LP program, were non-
conforming uses and were not allowed to change any dimensions. The small lodge
preservation changes were relief to allow lodges to add rooms or to convert to
underlying zoning. That adds enough benefits to small lodges without eliminating
Council review for dimensional relief. Councilwoman Richards said it should be
clear in this amendment that this is for redeveloping lodge projects only. A tear
down and reconstruction to residential should not have the opportunity to ask for
dimensional relief at a P & Z level. Councilmembers Paulson and Vickery agreed.
Councilman Vickery said he does not favor conversion projects to large second
homes. Councilman Vickery said he wants to keep review at Council level.
Mayor Bennett said he would agree with minor amendments being signed off by
staff or P & Z. Mayor Bennett said the issue is what is substantial and what is
insubstantial.
Councilman Paulson moved that Council has concerns about not having a sign off
on substantial issues; seconded by Councilman Vickery. All in favor, motion
carried.
Mayor Bennett said recently Council reviewed an Ordinance #1 replacement project
that proposed to use RO, residential occupied units, as part of its housing mitigation.
Mayor Bennett said he would like to amend the Code to eliminate RO as mitigation.
Councilman Vickery said he would like to look at the entire RO program.
Councilwoman Richards said RO units have been allowable as part of the
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Special Meeting Aspen City Council September 3, 1998
percentage mix for affordable housing for a long time. The housing office is looking
at one average rent or sale price for each project, no matter how the units mix is
accomplished. Councilman Vickery said he would like to have RO units removed
as replacement units. Mayor Bennett suggested a joint work session with the
housing board to discuss philosophy and policy changes. Mayor Bennett agreed RO
does not belong in the housing replacement ordinance. Amy Margerum, city
manager, said the housing board wants to discuss the Burlingame project and Ski
Company mitigation with Council as well as an update on the housing work
program.
City Manager Margerum reminded Council on 920 King Street, Council voted to
move the driveway off of Neale Avenue. The applicants re-drew the project with a
shared driveway off King Street. Ms. Margerum said they will have to go back to
HPC, who originally approved the driveway on King street. Ms. Margerum
suggested a special meeting to deal with 920 King street and invite the HPC so this
can be worked out in one meeting without having the applicant go back and forth.
st
Council agreed to a special meeting September 21 at 5 p.m. and invite the HPC.
Councilwoman Richards moved to adjourn at 6:55 p.m.; seconded by Councilman
Markalunas. All in favor, motion carried.
Kathryn S. Koch, City Clerk
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