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HomeMy WebLinkAboutminutes.council.19990426Aspen City Council Regular Meeting April 26, 1999 Mayor Bennett called the meeting to order at 5:05 p.m. with Council members Markalunas, Richards, Paulson and Vickery present. PROCLAMATION –Crime Victim’s Rights Week Mayor Bennett and Council proclaimed the week of April 25, 1999, as Crime Victim’s Rights week and reaffirmed a commitment to respect and enforce victims’ rights and address their needs throughout the year. Mayor Bennett announced the city will donate a tree to Columbine High School in memory of the students and teacher killed last week. The Council has invited the Aspen High School to join in giving the tree and to deliver if they want. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS There were none. CONSENT CALENDAR Councilwoman Richard moved to read Ordinances 10, 15 and 16, Series of 1999; seconded by councilman Paulson. All in favor, motion carried. ORDINANCE #10 Series of 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REPLEAING TITLE 20, RESIDENT MULTIPFAMILY HOUSING REPLACEMENT PROGRAM, AMENDING TITLE 26, LAND USE REGULATIONS, OF THE ASPEN MUNICIPAL CODE, PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF, AND REPLEAING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH ORDINANCE #16 Series of 1999 1 Aspen City Council Regular Meeting April 26, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLROADO, TO BE KNOWN AND DESIGNATED AS THE “BURLINGAME RANCH” ANNEXATION ORDINANCE #15 Series of 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT BETWEEN KANSAS STATE BANK OF MANHANTTAN AND THE CITY OF ASPEN were read by the city clerk Councilman Markalunas moved to adopt the consent calendar; seconded by Councilwoman Richards. The consent calendar is: · Resolution #34, 1999 – Temporary Municipal Court Judge/Austin · Resolution #33, 1999 – Historic Preservation Design Guidelines · Request for Transfer of Funds from Golf Fund Excess · Ordinance #10, 1999 – Land Use Code Amendment · Ordinance #16, 1999 – Burlingame Ranch Annexation · Ordinance #15, 1999 – Baystone Contract for Road Improvement Financing · Adoption of Investment Policy · Resolution #35, 1999 – Contract Earth Works Snyder Park Utility Work · Minutes – April 12, 1999 Councilman Vickery asked if the utility work at Snyder is already in the budget. Lee Novak, housing office said it is. Roll call vote; Councilmembers Paulson, yes; Vickery, yes; Markalunas, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #9, 1999 – 308 N. First Lot Split Chris Bendon, community development department, told Council this is a 12,000 square foot parcel zoned R-6 with an existing single family residence. At the last public hearing, Council requested information on the historic significance of the house and removal of trees on the property. 2 Aspen City Council Regular Meeting April 26, 1999 Bendon told Council records show the house was constructed in the late 1800’s. The house on was the 1980 inventory of historic structures but the HPC did not have substantial review over remodeling at that time. There have been some alterations made to this house. In 1992, the historic inventory was redone and the owner requested this house be taken off the inventory. The HPC recommended Council de-list the property, which was done. Bendon told Council there are parts of the house resting on the proposed lot line. These are new additions to the house. The Sanborn map does show two 6,000 square foot lots in the early 1900’s. A brother of D.R.C. Brown, who moved here in the late 1880’s and worked for the water department, occupied the house. Bendon said there is still some historic merit to the structure and if Council desires, staff will initiate the process to put this house on the inventory. Bendon told Council there are some large trees in the development area of the parcel; one is a Ponderosa pine, which is not healthy and has been recommended for removal by the parks department. The two remaining spruce trees are located close to each other and one will probably not survive moving Stan Clauson, representing the applicant, said the additions made in the 1980’s were responsible for de-listing the housing from the historic inventory. These include a porch, a turret, changes to the chimney and the siding. Clauson said there would be some restoration of the house due to the lot line adjustment, like removal of the porch and restoration of the westerly façade of the house. There will be an encroachment on the sideyard setback of the restored original townsite lot line. Clauson said to restore these would have a distance from the lot of 2.5 feet and the required setback is 5 feet. Clauson said Council could acknowledge this that the original house had a non-conformity and to allow it to be restored and accepted as a pre- existing condition. Bill Nolan, owner of the house, told Council they have discussed this project with their neighbors and feel they have met all conditions set out for a lot split in the city code. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 3 Aspen City Council Regular Meeting April 26, 1999 Bendon said Council does not have the ability to change setbacks. The non- conforming provision referred to directs the community development staff to address non-conformities depending on whether the house is demolished or not. This section supposes the non-conformity already exists. Bendon said there is no non-conformity on that side because the house is more than 60 feet from the sideyard because there is no lot of there. Bendon said ways to address this would be to draw the lot line to create a buffer around the structure; to seek a board of Adjustment variance for a 2.5 feet setback. John Worcester, city attorney, said it would be legal to allow this lot split which would create a non-conforming structure but not a non-conforming lot. Councilman Markalunas said there ought to be an acknowledgement of historic footprints and some allowance for these as historic buildings were often built right on the lot line. Councilwoman Richards suggested a change to the criteria for Board of Adjustment’s variances. Worcester noted the new code has a provision to allow HPC to review this type of variances. Councilman Vickery asked the allowable FAR with a lot split. Clauson said the current footprint of 3536 square feet is slightly over the allowable of 3240. Councilman Vickery stated for the record he is a property owner across the alley. Councilman Vickery noted there are a lot of non- conformities on this lot, which have been mitigated by the extra lot area, and the trees on site. Clauson said there are several structures that encroach into the alley; these have been cured by an encroachment agreement and are not affected by the lot split. Clauson said when development occurs, any non- conformities created by the lot split must be remedied. Councilwoman Richards said the city’s goal is to maintain an historic integrity for this structure. Staff will look at a code amendment to grandfather historic footprints in lot splits. Councilwoman Richards said when the development occurs, the FAR on this property will have to come into conformity and the owners will have to seek a variance for any setback variations. Councilman Paulson said he feels like the city’s tree ordinance is weak. Councilman Paulson encouraged the owners to do what they can to keep the trees and to design around them. Councilwoman Richards moved to adopt Ordinance #9, Series of 1999; seconded by Councilman Markalunas. 4 Aspen City Council Regular Meeting April 26, 1999 Councilwoman Richards agreed with Paulson’s comments about the trees and urged the applicants to take great care in any tree removal. Councilman Vickery said creation of lot splits through an exemption process creates an added value for owners of property. Councilman Vickery said in this lot, both the old and new lots should be brought into conformity, FAR coverages and all setbacks. Worcester said the code is clear with respect to lot splits and the standards for determining whether a lot split ought to be granted. Worcester said it is clear Council can grant this lot split and comply with the city’s municipal code. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; Vickery, no; Richards, yes; Mayor Bennett, yes. Motion carried. Councilman Paulson moved to invite staff and HPC to review this house and whether it deserves to be on the inventory; seconded by Councilwoman Richards. All in favor, with the exception of Councilman Vickery. Motion carried. ORDINANCE #12, SERIES OF 1999 – Barbee Annexation Councilman Paulson moved to continue this to May 24; seconded by Councilwoman Richards. All in favor, motion carried. SUPPLEMENTAL FUND REQUEST – Community Development Amy Guthrie, community development department, told Council the city received $15,000 in fines from the Mullins’ violation of HPC conditions, $2,000 of which is going to the city clerk’s office for preparing the record. Ms. Guthrie said they would like to spend the $13,000 for a contractor licensing program which would require specific licensing for contractors who work on historic houses, total cost $9000; a historical marker program of 3 to 5 properties for $3,000; historic preservation awards reception $1,000 – total $13,000. Staff requests an additional $9,000 for an expanded historical marker program of 25 signs. Council indicates they did not want to spend money outside the budget or outside the revenues in a year when the sales tax may be down. Mayor Bennett said the historic preservation awards costs have always been part of the community development department’s budget. 5 Aspen City Council Regular Meeting April 26, 1999 Councilwoman Richards moved to approve $13,000 for the development of a contractor licensing program, the historical markers as money allows and $2,000 to reimburse the city clerk’s office for a total of $15,000; seconded by Councilman Paulson. All in favor, motion carried. ELECTION ISSUES TASK FORCE Mayor Bennett suggested inviting a citizen’s task force to address the issue of run off elections if there are more than X number of candidates for Mayor or for Council. Councilman Markalunas said this task force could also look at changing the time of the elections and how Council is compensated. This task force would make a recommendation to Council and then Council would be any suggested Charter amendments to the electorate. Councilman Paulson moved to pursue a citizens Charter election committee to address issues, which will be set at a Council work session; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas moved to go into executive session at 6:55 p.m. to discuss pending litigation; seconded by Councilwoman Richards. All In favor, motion carried. Councilman Markalunas moved to come out of executive session at 7:20 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Paulson moved to adjourn at 7:20 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Kathryn S. Koch City Clerk 6 Aspen City Council Regular Meeting April 26, 1999 PROCLAMATION –Crime Victim’s Rights Week ................................ ..... 1 CITIZEN COMMENTS ................................ ................................ .............. 1 COUNCILMEMBER COMMENTS ................................ ........................... 1 CONSENT CALENDAR ................................ ................................ ............. 1 ORDINANCE #10 ................................ ................................ .................... 1 ORDINANCE #16 ................................ ................................ .................... 1 ORDINANCE #15 ................................ ................................ .................... 2 ? Resolution #34, 19 99 – Temporary Municipal Court Judge/Austin ..... 2 ? Resolution #33, 1999 – Historic Preservation Design Guidelines ........ 2 ? Request for Transfer of Funds from Golf Fund Excess ........................ 2 ? Ordinance #10, 1999 – Land Use Code Amendment ........................... 2 ? Ordinance #16, 1999 – Burlingame Ranch Annexation ....................... 2 ? Ordinance #15, 1999 – Baystone Contract for Road Improvement Financing ................................ ................................ ................................ .. 2 ? Adoption of Investment Policy ................................ ............................ 2 ? Resolution #35, 1999 – Contract Earth Works Snyder Park Utility Work ................................ ................................ ................................ ......... 2 ? Minutes – April 12, 1999 ................................ ................................ ..... 2 ORDINANCE #9, 1999 – 308 N. First Lot Split ................................ .......... 2 ORDINANCE #12, SERIES OF 1999 – Barbee Annexation ....................... 5 SUPPLEMENTAL FUND REQUEST – Community Development ............ 5 ELECTION ISSUES TASK FORCE ................................ ........................... 6 7