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HomeMy WebLinkAboutminutes.council.19990510Regular Meeting Aspen City Council May 10, 1999 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Richards, Vickery and Markalunas present. OUTSTANDING EMPLOYEE BONUS AWARDS Mayor Bennett and Council presented outstanding employee bonus awards to John Krueger, Parks Department; Mary Lackner, GIS; Mitch Haas, Community Development Department; Phil Overeynder, Water Department; Tabatha Miller, Finance department and Gervaise Dupree Community Relations. Mayor Bennett said this is his last opportunity as Mayor to hand out employee bonus awards. Mayor Bennett said the city’s employees do the community proud. PROCLAMATION Historic Preservation Week Mayor Bennett and Council Mayor and Council proclaimed May 9 through 15 as Historic Preservation Week and called upon people of Aspen to join their fellow citizens across the US in this observance. Amy Guthrie, Historic Preservation Officer, invited the public to the Hotel Jerome, th Thursday, May 13 at 5 pm when local historic preservation awards are presented. PROCLAMATION – Arbor Day Mayor and Council proclaimed May 14 as Arbor Day and urged all citizens to support efforts to care for trees and woodlands and to support the city’s community forestry program. Stephen Ellsperman, forester, invited th everyone to the Rio Grande park at noon Friday, May 14 to celebrate Arbor Day and for city residents to receive a tree to be planted in the city CITIZEN PARTICIPATION 1. Jim Curtis, representing the MAA, told Council they have submitted their final PUD application and requested Council set a special meeting to include both the old and new Council. Council scheduled this for 5 p.m. Monday, June 21. 1 Regular Meeting Aspen City Council May 10, 1999 2. Bill Stirling said the city has always worked to de-emphasize the automobiles and Council should take that into consideration in the new street planning. Stirling suggested that large construction trucks should be taxed or penalized when they violate the noise and pollution standards. Stirling said he feels the proposed Koch street plan is an urban type program and not appropriate for Aspen, the village. City Manager Amy Margerum said the funding for this plan will be discussed on this Council agenda. COUNCILMEMBER COMMENTS 1. Councilman Vickery said over the next month he plans on summarizing everything he has worked on for the last two years. One of the big issues is the effect of housing on transit and if there are 700 units built in the metro area, what will that do to parking, transit and congestion. 2. Councilwoman Richards said she will be going to the CMP Policy committee meeting and asked Council for any feedback to take to the meeting. Councilwoman Richards said she hopes to run for the executive board and would like a letter of support from Council. 3. Councilman Markalunas noted the Aspen Times column 100, 50 and 25 years ago in Aspen, reinforces that things do not really change, like 50 years ago the city sponsored an annual clean up day. The city’s current clean up is the week of May 17 when the streets department picks up trash all over town. 4. Councilman Markalunas congratulated the new Council members Tony Hershey and Tom McCabe and Mayor-elect Rachel Richards. 5. Councilman Markalunas reported he had attended a meeting on affordable housing in Vail. Aspen’s housing program is very highly regarded. Mayor Bennett agreed no community has come as close to Aspen; Aspen has created over 1500 affordable housing units. 6. City Manager Amy Margerum thanked Brian Flynn, environmental health department, for helping the fifth grade with their west end clean up day. 2 Regular Meeting Aspen City Council May 10, 1999 7. City Manager Margerum requested the financing for the Koch street plan be added to the agenda. Councilman Markalunas moved to add the Koch street financing plan to the action items; seconded by Councilwoman Richards. All in favor, motion carried. 8. Amy Margerum, city manager, requested C ouncil schedule a work th session on 7 and Main housing, which was set for 4 p.m. May 25. Board th interviews were scheduled for 4 p.m. May 19 . CONSENT CALENDAR Councilwoman Richards moved to read Ordinance #18, Series of 1999; seconded by Councilman Markalunas. All in favor, motion carried ORDINANCE #18 Series of 1999 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE ADDITION OF SAID PROPERTY TO THE INVENTORY OF HISTORIC SITES AND STRUCTURES, WHERE SAID PROPERTY IS LOCATED AT 2 WILLIAMS WAY, CITY OF ASPEN, PITKIN COUNTY, COLORADO Councilwoman Richards moved to adopt the consent calendar; seconded by Councilman Vickery. The consent calendar is: 3 Regular Meeting Aspen City Council May 10, 1999 · Ordinance #18, 1999 – Historic Designation – 2 Williams Way · Request for Funds – Land Trust · Resolution #36, 1999 – Aspen Earthmoving Contract –1999 Trails Improvement · Resolution #37, 1999 – Design Build Contract Iselin-Moore Master Plan Improvements · Resolution #38, 1999 – On-Call Engineering Services for Design & Construction Management · Resolution #39, 1999 – Reimbursement Resolution Roll call vote; Councilmembers Markalunas, yes; Vickery, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #13, SERIES OF 1999 – Code Amendment, Wildlife Protection Brian Flynn, environmental health department, said staff believes this ordinance will help reduce the number of conflicts between wildlife and humans, The most common conflict stems from improperly stored garbage, which last year led to the death of 5 black bears. There is also growing population of skunks, bears, raccoons, foxes, etc. A task force of concerned staff, citizens and local agencies was formed to work on this problem. Beside this ordinance, the task force is proposing an education campaign, which includes a brochure, “Living with Wildlife”, and is developing a video. Flynn said members of the task force will set up meetings with anyone who needs to know how to protect their garage from wildlife. Flynn noted a change since first reading that complexes that have a minimum of 7 days per week trash pickup are exempt from getting a wildlife resistant container. Flynn told Council 60 percent of the households are served by dumpsters that can be changed to wildlife resistant containers by contacting the trash company who will retrofit the existing dumpster or bring in a new one for about $12.50/month extra. Another option is that people may keep their garbage in a shed or garage until pick up day. 4 Regular Meeting Aspen City Council May 10, 1999 Flynn requested a budget for hardship grants for people who are having trouble retrofitting their garbage container. Flynn said $50 would be given to help converting to wildlife resistant means. The budget for this will come from savings in the environmental health department. Flynn also recommended a 2-month compliance grace period, which will also give staff time to work with homeowners on workable and inexpensive solutions. Flynn said he feels contained garbage will have a good effect on the cleanliness of the city as well as helping with wildlife. Mayor Bennett commended the work of the task force and said they came up with a well thought out plan. Rick Magnuson, community service department, told Council last year here were 270 animal calls of which 117 were bear-related and 88 percent of these were related to trash problems. Mayor Bennett opened the public hearing. Connie Harvey supports this ordinance and said she hopes this is only the first step in wildlife protection. Kevin Wright, Division of Wildlife, encouraged Council to adopt this ordinance as this will help control the wildlife problem. Larry Fredrick encouraged Council to move forward with this code amendment. Sloan Shumacher, Aspen Wilderness Workshop, said this is a small sacrifice for a great gain. Laurie Smith, Snowmass Village Animal Control, said bears do not recognize jurisdictional boundaries and all agencies in this valley will be adopting some regulations like this. Tom Cardamone, ACES, encouraged adoption of this ordinance. Mayor Bennett closed the public hearing. Councilman Markalunas said it is important that property managers pass these regulations on to visitors who may not be familiar with the problems of wildlife in the mountains. Councilwoman Richards said some areas that already have 7 day a week pick up generate enough trash to attract wildlife. Councilwoman Richards suggested excluding multi-family areas from the exemption for 7 day a week pickup. Flynn agreed multi-family areas should be encouraged to retrofit their containers against wildlife. Councilwoman Richards noted as others areas get tighter control over their trash, it will send bears into the commercial core. Council agreed to amend the ordinance to state that containers serving less than 5 family residences will be exempt. Councilman Vickery moved to adopt Ordinance #13, Series of 1999, on second reading amending Section 12.08.020 to read “except for containers 5 Regular Meeting Aspen City Council May 10, 1999 serving less than 5 family residences”; seconded by Councilwoman Richards. Roll call vote; Councilmembers Vickery, yes; Richards, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. Councilman Vickery moved to add to the next appropriation funding of $2,000 for public information and $5,000 for hardship grants using existing savings from reorganization of the environmental health department; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #10, SERIES OF 1999 – Land Use Code Julie Ann Woods, community development department, noted the format of the code has been changed to make it easier to read, the language has been made simpler, explanatory drawings have been added, and regulations have been deleted from the definitions sections. Ms. Woods said this has gone through P & Z and Council has had a work session on this code simplification. Ms. Woods pointed out the change in non-conforming status with purposeful demolition must come into conformance with the current provision of the code. This may be appealed to P & Z through special review. Ms. Woods said the Design Review Appeal committee has been modified to allow an applicant to go before P & Z, HPC or DRAC to make it easier to get an appeal of residential design review. P& Z agreed to eliminate the hardship requirement for the lot line adjustments and allow the community development director to approve these. P & Z was specific that if a lot line adjustment is approved, there are not additional development rights nor st added FAR. This code will be effective July 1 . Councilman Markalunas asked if there is a definition of “demolition by neglect”. Ms. Woods said there is language in the historic section that addresses this. Ms. Woods said the historic preservation section of the code will be reviewed in the coming year. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Markalunas moved to adopt Ordinance #10, Series of 1999, on second reading; seconded by Mayor Bennett. Roll call vote; 6 Regular Meeting Aspen City Council May 10, 1999 Councilmembers Richards, yes; Vickery, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #16, SERIES OF 1999 – Burlingame Annexation John Worcester, city attorney, said this is the final step in annexation of city- owned property east of town. Worcester reminded Council that a 37-acre parcel on the south was deleted from this annexation at the county’s request. Mayor Bennett opened the public hearing. Tom Cardamone, ACES, reminded Council that there is less and less the oak sarvisberry type ecosystem represented by Deer Hill in the upper valley and this ecosystem supports specific species. Council agreed this is an important point to keep in mind. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #16, Series of 1999, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; Vickery, yes; Richards, yes; Mayor Bennett, yes. Motion carried. APPEAL ADU “FOOTPRINT” CODE INTERPRETATION Mitch Haas, community development department, told Council this is from a specific ADU request; however, Council should focus on the general interpretation rather than the specific. Haas said the applicant has stated it is unclear in the definition of “footprint” what that refers to. Haas said the applicant has interpreted this as referring to the footprint of the unit itself, or its floor plan, the rooms in the unit. Haas said staff has routinely interpreted this as the footprint of the structure, where the building touches the ground. Haas said the issue in this specific instance is that if the building has a bigger footprint on the ground but the unit above grade is smaller than that footprint, would the FAR bonus be available. Haas reiterated staff interpretation is that the footprint is where the building meets the ground, not the floor plan of the building. Haas said staff does feel that the 450 square foot requirement is overly restrictive and prohibits the development 7 Regular Meeting Aspen City Council May 10, 1999 of a unit over a two-car garage. Haas recommended changing the code either with the overall ADU revisions or as a simple code amendment. Councilman Vickery said he would tend toward the appellant’s decision where a smaller footprint of an ADU could be put above a garage. Councilman Markalunas said he favors larger ADUs as the beneficiary is the occupant. David Muckinhirn, applicant, said the code reads that an ADU not be more than 450 square feet. Muckinhirn said his ADU is less than 450 square feet but the garage is larger. Staff interprets the code to apply to the entire structure, not just the ADU. Muckinhirn said a typical garage is larger than 450 square feet and requested Council consider a code amendment to allow larger ADUs. Mayor Bennett said a generally recognized definition of footprint applies to a building, not a room within a building. Councilman Vickery said applicants should have flexibility with ADUs so that they are not all built below grade. Councilman Vickery said the definition for ADU should read “footprint of the unit”. Councilwoman Richards said there is no mandatory occupancy of this ADU. Councilwoman Richards moved to direct staff to pursue a code amendment that would allow an FAR bonus for a detached ADU above a two-car garage with a maximum footprint of 550 to 625 square feet, final square footage to be determined by P & Z review; seconded by Councilman Markalunas. Councilman Vickery requested this read either unit footprint or building footprint. Councilwoman Richards amended the motion to state maximum building footprint be 550 to 625 square feet; seconded by Councilman Markalunas. All in favor, motion carried. Councilwoman Richards moved to uphold the community development director’s code interpretation regarding the definition of “Floor Area., G. Accessory Dwelling Unit or Linked Pavilion” as provided in Section 26.04.100 of the Aspen Municipal Code; seconded by Councilman Markalunas. Councilman Vickery said he feels the use of the term footprint is vague enough to require an interpretation whether this means building or unit 8 Regular Meeting Aspen City Council May 10, 1999 footprint. Councilman Vickery said there should be a definition should be added to the definition section of the code. All in favor, with the exception of Councilman Vickery. Motion carried. APPEAL OF SIGN PERMIT INTERPRETATION Julie Ann Woods, community development director, told Council this is an appeal of the definition of sign. Ms. Woods noted this is a broad definition and can be interpreted in different ways. This particular sign is a back lit sign, the code does not allow for back lit signs. This was a follow up on a complaint. The sign meets the sign requirements except for illumination. The applicant said this is fine art, rather than a sign, as it shows photos of homes. Ms. Woods passed out pictures of the sign, exhibit A and B. Ms. Woods said this sign displays the work of the owner of the office, identifies a product, which is how signs have historically been interpreted. The applicant states the definition of sign is so broad that anything can be interpreted as a sign. Ms. Woods recommended a new definition of sign that would be separate from window display of merchandizing. John Worcester, city attorney, said it appears that the sign code tries to regulate both signs and window displays. Worcester agreed the regulations for window displays should be separated. Councilman Markalunas said he looks at window displays as an expression of free speech and does not want to get into regulation of that. Councilman Markalunas said transient lighting could be a nuisance. Mayor Bennett said this particular instance seems to be a sign, meets the standards of a sign, and does not appear to be fine art. Mayor Bennett said architecture is not usually referred to as fine art but a function in building a building. Mayor Bennett agreed the code should not get into freedom of speech of window displays. Councilman Vickery agreed this is not a window display but is a sign to sell the services of an architect. Councilwoman Richards noted signs like this would be allowed as long as they are not illuminated. Councilman Markalunas moved to direct staff to pursue a simple code amendment that would allow for a more specific definition of sign, separate from window display of merchandise, as well as new language under the 9 Regular Meeting Aspen City Council May 10, 1999 lighting standards that would address illumination of window displays; seconded by Councilman Vickery. All in favor, motion carried. Councilman Markalunas moved to uphold the Community Development Director’s code interpretation regarding the definition of “sign” as provided in Section 26.04.100 of the Municipal Code and find that the subject sign should not be exempt under Section 26.36.030(b)(6) as fine art; seconded by Councilman Vickery. All in favor, motion carried. ORDINANCE #17, SERIES OF 1999 – Adoption of 1999 Housing Guidelines Councilman Markalunas moved to read Ordinance #17, Series of 1999; seconded by Councilwoman Richards. All in favor motion carried. ORDINANCE #17 Series of 1999 AN ORDINANCE ADOPTING THE 1999 AFFORDABLE HOUSING GUIDELINES AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY Dave Tolen, housing director, told Council the guidelines are changed every year because they are a tool for implementing the housing program and should be flexible and should respond to changing situations in the town. There are new guidelines for the provision of affordable housing in growth management and multi-family housing replacement. These were formerly in the land use code. Also included are guidelines for pricing and types of units in the affordable housing zone district. The AH zone district contains a requirement for percentage of affordable housing with no outline to the types of units to be provided nor the prices. There are also guidelines for resident occupied housing and maximum prices for RO units. Tolen reminded Council the AACP states that 60 percent of all new residential subdivisions should consistent of affordable housing. The guidelines require 60 percent of the bedrooms in any new subdivision will be restricted to affordable housing guidelines. This also requires that all units will meet one of the current priorities for housing and that the average price for those units not exceed category 2. Tolen said it is consistent with 10 Regular Meeting Aspen City Council May 10, 1999 the city’s philosophy that mitigation units be lower category and city- subsidized and zoning incentive units could be higher category. Another amendment in the guidelines sets out the price guidelines for housing provided under the replacement program. This program originally included a mix of RO and lower category units. The housing office recommends all units provided under the housing replacement program have an average price not to exceed category 2. Also included are the unit price guidelines for the AH zone district, which permits an exemption from growth management for free market unit in return for 70 percent of the units being affordable housing. Tolen noted there has not been a specific price or unit type guideline before. Staff suggests all the units, including resident occupied units, be priced so that the average price be at the midpoint between categories 3 and 4. This is a higher price with the recognition this is a zoning incentive rather than mitigation. Tolen said all other units, except resident occupied, will have to meet one of the priorities identified for unit type identified by the housing office. Tolen said one issue with the AH zone district was whether this removed the financial incentive of the AH zone. Tolen said appraisers were asked to do an economic analysis on a piece of property with various development options. Tolen said this analysis shows the AH guidelines do not remove the financial incentive to do an AH project. Tolen said with the increased cost of large single family houses, it is important to have periodic review of this standard. Tolen noted these guidelines include the maximum price guidelines for the RO units, which is $375,000. This price is consistent with pricing of category units. A higher figure has been suggested as an incentive for developers. Tolen pointed out a project still has to come in at an average price. Tolen said there is an issue of who would qualify for RO units. A collaborative forum, the housing board and elected officials have all agreed there should be a limit as to who can purchase RO units. The collaborative forum recommended households who could purchase a free market unit of $800,000. The housing board felt $600,000 purchase power would be more appropriate. This figure has not been finally settled on. 11 Regular Meeting Aspen City Council May 10, 1999 Mayor Bennett asked if the RO cap matters when units have to sell for an average price within a project. Tolen said not having the price of the RO unit determined is not good for the housing program. Tolen said the perception is what kind of program is selling $500,000 affordable housing units; why would a community provide land use benefits intended to encourage affordable housing that permits $500,000 units. Councilman Vickery said the cost of the RO unit should be what is actually costs to build with no public subsidy in order to help rebuild the permanent residents. Councilman Vickery noted with the cost of land, it makes it more difficult to concentrate on low-end units. Tolen said it is economically feasible to build units to sell between $175,000 and $225,000; why would the housing program build units that cost more. Councilwoman Richards said the city has to keep in mind the appreciation factor on a $375,000 unit. In light of the limited allocation of growth quotas for the future, RO units should be kept as low as possible. Councilman Vickery said he would like to see how the guidelines fit into the 5 to 10 year big picture. Councilman Markalunas brought up the retirement age and people not being able to get a job because of their age or health and also having to move out of their employee unit. Tolen said each situation is different and these should be handled by special review where the applicant could show there is a hardship and that they are not able to compete in the work place. Councilwoman Richards moved to adopt Ordinance #17, Series of 1999, on first reading; seconded by councilman Markalunas. Roll call vote; Councilmembers Richards, yes; Vickery, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. FINANCING FOR KOCH STREETS PROGRAM Tabatha Miller, finance director, reminded Council after the Supreme Court decision against bonding for this type of program, they have decided to go ahead with this program borrowing from other city funds. The two issues are where to borrow the money and an appropriate interest rate for this borrowing. Ms. Miller presented a chart of funds that have moneys above and beyond what could be needed in the next 5 years of operation and above 12 Regular Meeting Aspen City Council May 10, 1999 and beyond target reserves. Councilwoman Richards said she would first like staff to look at the AMP and see what projects can be scrapped or put off and if money can be found in the AMP before borrowing from other funds. Ms. Miller noted that the AMP contains money for the Ice Garden renovations, which will be subtracted because these funds will be provided for in the bonds. Mayor Bennett noted this is a $4 million program and the city has $11 million in funds that can be borrowed. Council agreed before they decide exactly from where to borrow the money, they would like to see a reconfigured AMP. Councilwoman Richard moved to continue the meeting to 5 p.m. Tuesday, May 11; seconded by Councilman Vickery. All in favor, motion carried. Kathryn S. Koch, City Clerk 13 Regular Meeting Aspen City Council May 10, 1999 OUTSTANDING EMPLOYEE BONUS AWARDS ................................ ... 1 PROCLAMATION Historic Preservation Week ................................ .......... 1 PROCLAMATION – Arbor Day ................................ ................................ . 1 CITIZEN PARTICIPATION ................................ ................................ ....... 1 COUNCILMEMBER COMMENTS ................................ ........................... 2 CONSENT CALENDAR ................................ ................................ ............. 3 ? Ordinance #18, 1999 – Historic Designation – 2 Williams Way .......... 4 ? Request for Funds – Land Trust ................................ ........................... 4 ? Resolution #36, 1999 – Aspen Earthmoving Contract –1999 Trails Improvement ................................ ................................ ............................. 4 ? Resolution #37, 1999 – Design Build Contract Iselin-Moore Master Plan Improvements ................................ ................................ ................... 4 ? Resolution #38, 1999 – On-Call Engineering Services for Design & Construction Management ................................ ................................ ........ 4 ? Re solution #39, 1999 – Reimbursement Resolution ............................. 4 ORDINANCE #13, SERIES OF 1999 – Code Amendment, Wildlife Protection ................................ ................................ ................................ ..... 4 ORDINANCE #10, SERIES OF 1999 – Land Use Code ............................. 6 ORDINANCE #16, SERIES OF 1999 – Burlingame Annexation ................ 7 APPEAL ADU “FOOTPRINT” CODE INTERPRETATION ..................... 7 APPEAL OF SIGN PERMIT INTERPRETATION ................................ ..... 9 ORDINANCE #17, SERIES OF 1999 – Adoption of 1999 Housing Guidelines ................................ ................................ ................................ ... 10 FINANCING FOR KOCH STREETS PROGRAM ................................ .... 12 14