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HomeMy WebLinkAboutminutes.council.19920413Regular Meeting Aspen City Council April 13, 1992 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Reno, Pendleton and Peters present. CITIZEN PARTICIPATION 1. Tom Laucks, representing the Eagle's Club, requested N ewbury Park issue be placed on the April 27 agenda. Laucks said the Eagle's and the City have had several miscommunications. Council- woman Pendleton suggested rather than put this on the agenda, staff should meet with the Eagles Club to see if this can be worked out. Laucks presented a letter which gives the history of this project. Amy Margerum, city manager, said the issue is the development of Newbury park and the location of the trail coming up from the Roaring Fork river. The city thought they had permission to dump dirt on this property; however, this was not in writing. Council- man Peters said he would like this handled administratively. 2. Mike, Aspen Rugby Football Club, thanked Council for 25 years of support and presented Council with a plaque honoring this 25 year anniversary Mike said without the city's support, the Rugby Club could not have accomplished what they have. The Aspen Rugby Football Club is one of the best in the county. Mike said the Rugby Club feels a strong obligation to the community. COUNCILMEMBER COMMENTS 1. Mayor Bennett announced the Council has been at day 1 of a 2 day symposium on transportation. Mayor Bennett said this is a worthwhile effort. 2. Councilman Peters mo ved to table VIII (a)(d)(g)to April 27; seconded by Councilman Reno. These are second readings of Ordinance #12, Aspen Winter Garden Ice Rink PUD; Ute Park Subdivi- sion Final PUD, and City Shop Historic Designation. All in favor, motion carried. 3. Coun cilman Peters requested VI(i) Permission to Apply to Use City Land for Bungee Jumping be removed from the consent calendar. Councilwoman Richards said she would like some idea of the city's liability. Councilwoman Pendleton moved to table this to April 27; seconded by Councilman Reno. All in favor, with the exception of Councilman Peters. Motion carried. 4. Councilman Reno said he has had the pleasure of visiting Aspen's newest sister city, Queenstown, New Zealand. Councilman Reno said he learned a lot and recommended that people get involved in the sister city program. Councilman Reno said Queenstown is 1 Regular Meeting Aspen City Council April 13, 1992 very similar to Aspen; it has 3 ski areas. Queenstown is going through a process which is very similar to Aspen's community planning process. Councilman Reno requested staff send Queenstown a copy of Aspen's community plan. 5. Amy Margerum, city manager, requested $1000 from Council contingency fund for the symposium. RFTA sponsored this symposium and there were a lot of unanticipated costs. RFTA has funded it $5000 and is requesting $1000 each from the city and county. Council agreed to fund this $1000 out of the contingency fund. 6. Amy Margerum, city manager, announced the dinner with the BOCC is canceled. There will be a lunch April 21st at noon at ACRA with the BOCC. 7. Amy Margerum, city manager, requested Council change the April 16th water policy work session to May 5 at 5 p.m. Council agreed. 8. Amy Margerum, city manager, told Council there is a tentative meeting scheduled with the County Commissioners and the Town of Snowmass Village April 22 at 5 p.m. on the Aspen to Snowmass transit plan. Council requested a different date. 9. Amy Margerum, city manager, reminded Council the Roaring Fork Forum strategic planning meeting will be April 23 at 6 p.m. in Carbondale. Transportation will be provided. 10. Jed Caswall, city attorney, requested Council schedule a special meeting 4:30 p.m. Tuesday April 21st to discuss pending litigation. Council agreed. 11. Cindy Wilson, assistant city manager, told Council there is a child care discussion sponsored by the National League of Cities April 24 and 25 in Denver. 12. Cindy Wilson, assistant city manager, told Council on the consent agenda on the Ute Avenue Improvement District, she has not been able to get in touch with the homeowners and this should be passed contingent upon homeowners approval. CONSENT CALENDAR Councilman Peters moved to approve the consent calendar as amended with Ute Avenue Improvement District contingent upon homeowners approval; seconded by Councilwoman Richards. The consent calendar is: A . Minutes - March 23, 1992 B . Ute Avenue Improvement District Contract C . Special Event Requests - Food and Wine Classic; Jazz Aspen; Rugby 2 Regular Meeting Aspen City Council April 13, 1992 D . Vending Agreement - Catherine's Deli E . Resolution #13, 14, 1992 - MEAN Representatives F . R esolution #15, 1992 - Deputy Municipal Court Judge/Myler G . Resolution #16, 1992 - Lease Cemetery Lane House - Konchan H . Request for Funds Parking Garage I . Contract Appro val - Dredging Jenny Adair J . Resolution #17, 1992 - Quit Claim Deed Marasco Councilwoman Richards asked about the vending agreement for Catherine's Deli. City Clerk Kathryn Koch explained this is for vending at construction sites only and not in the commercial core. Council agreed this will not be allowed in the commercial core. All in favor, motion carried. NEW LICENSE HEARING - Poppy's Bistro Cafe City Clerk Kathryn Koch reported the file, posting and publication to be in order. Rick Neiley, representing the applicant, told the liquor authority Poppy's has been in business since 1980. Their existing license expired and the state law requires them to start all over again. Neiley said he feels that the operation for the past 12 years of a very successful restaurant shows desires of the inhabitants. This establishment has not had any complaints or violations within the last 11.5 years. Chairman Bennett opened the public hearing. There were no comments. Bennett closed the public hearing. Richards moved that based on the evidence presented at a public hearing relating to the application of Wild Oats Inc for a three- way liquor license, the liquor license authority finds the needs of the community have not been met and the license is hereby granted; seconded by Councilman Peters. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Racine's Peters moved to approve the liquor license transfer from the Home Plate to Racine's; seconded by Pendleton. All in favor, motion carried. SPECIAL EVENT PERMITS Peters moved to approve the special event permits for Food and wine Classic; Jazz Aspen and Rugby Club; seconded by Pendleton. All in favor, motion carried. 3 Regular Meeting Aspen City Council April 13, 1992 LIQUOR LICENSE RENEWALS Peters moved to approve the renewals for Asia; Cantina; Red Onion; 10th Hole; Wheeler; seconded by Reno. All in favor, motion carried. ORDINANCE #12, SERIES OF 1992 - Aspen Winter Garden Ice Rink PUD Amy Margerum, city manager, reminded Council this ordinance is tabled but staff has scheduled an update on the ice rink alterna- tives. Design Workshop representative told Council David Koch is pursuing two alterna tives; one on the north end of Wagner park, and one along the east side of Wagner Park on the mall. There are some issues on the second alternative, like relocating utilities, retaining walls, etc. Person said Schmueser, Gordon Meyer is doing a more detailed survey of the two sites. Design Workshop is in the process of compiling more detailed numbers of each alternative to get numbers for operating, construction costs, and for the one in Wagner park set up and take down costs. Person told Council they have met with staff, the rugby team, HPC and have compiled issues and concerns that need to be answered. One issue is the feasibili- ty of an ice rink in Aspen without a shade cover. Councilwoman Pendleton said Council discussing the ice rink may be futile until all these questions are answered. Councilwoman Pendleton said this ice rink needs to be built to be used on a daily basis, not just when it is cold. Councilwoman Pendleton said if this is not used, it is not worth $2 million to have a concrete slab laying unused most of the year. Person told Council the proposed rink at the north end of Wagner park is 100 by 200; the one on the mall is 85 by 200. The latter could still function as a hockey rink. Councilwoman Richards asked if Koch is interested in working on the Ritz site if this site was deeded over to the city. Don Ensign, Design Workshop, told Council he is not interested in that site. Councilwoman Richards said the Wagner Park/mall area is fairly heavily used. An ice rink at the Ritz would extend the pedestrian core. Councilwoman Richards said she would consider eliminating the parking on the south side of Durant in order to extend the Ritz ice rink site out and add to the pedestrian feel. Ensign said the preliminary numbers look like the operation of the ice rink will pay for the putting up and taking down of the rink. Ensign said Koch likes the Wagner park location because it is closer to the action, closer to food service, it can be seen from the ski hill. 4 Regular Meeting Aspen City Council April 13, 1992 Councilwoman Pendleton said she does not want to consider the mall location. Mayor Bennett said he would consider that location if it could be returned to a mall in the summer. Councilwoman Richards said she would look at that location if it were done in conjunction with replanning of the mall and its activities. Councilwoman Pendleton pointed out there is a congestion problem on Durant; there may be some way to work on that problem and the implementa- tion of the mall, too. Councilwoman Pendleton suggested a bigger rink at the Ritz site with a shade and conserving the amount of activities on the mall. Councilman Reno said he is appreciative of Koch's offer but is skeptical about putting the rink on Wagner park. Councilman Reno said his concerns are taking it down, putting it up, and the city running the rink. Councilman Reno said the private sector will be doing this operation at the Ritz site. Mayor Bennett requested that Koch leave the door open to the Ritz site. Councilman Peters said he is not interested in the ice rink in Wagner park. There will be conflicts with other uses of the park. Councilman Peters said he would consider the mall location or the Ritz site for the ice rink. Councilwoman Richards said she would like to hear from user groups and from adjacent property owners on what they think of these proposals. Amy Margerum, city manager, pointed out May 11 is the last date for the Ritz ice rink approval to fit in with the PUD schedule. Ms. Margerum suggested Council make a conceptual decision on which direction to take. Councilwoman Richards said she would prefer not to wait until the very last date. Mayor Bennett said he cannot make a decision until he sees the engineering figures. Les Holst, HPC member, said HPC opposes an ice rink in Wagner park. Council- man Peters agreed the Wagner park location is not acceptable. It is very complicated and will be energy and labor intensive and will be in conflict with the summer park use in the future. Councilman Peters said the mall or Ritz site would be all right. Councilman Peters said he would like to see a larger rink at the Ritz site. Councilman Reno said he is not interested in either the Wagner or the mall site and is more interested in the Ritz site. Councilman Reno said the congestion and new building would be too much on the mall. Councilman Reno said he is interested in having the private sector, not the city, operate this ice rink. Councilwoman Pendleton said she is very skeptical about Wagner park and the rink working there. Councilwoman Pendleton said she would look at the mall or Ritz site for an ice rink. Ensign told Council they will get all the technical questions addressed and can do a comparative of the mall and Ritz sites. This work can be done within the next two weeks. 5 Regular Meeting Aspen City Council April 13, 1992 ORDINANCE #15, SERIES OF 1992 - Hume Lot Split Leslie Lamont, planning office, reminded Council the applicant is seeking to split a one acre parcel into two lots. R-6 is the underlying zoning. On lot 1 there is currently a single family house and a barn. The new development on lot 2 will have to go through any applicable review processes. Ms. Lamont noted a survey error was discovered and if Council approves this the plat will be reviewed by engineering to make sure the mistake is corrected. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing.Mayor Bennett Councilman Peters moved to adopt Ordinance #15, Series of 1992, on second reading subject to the conditions, and amending condition 8 that the applicant shall remove the fence along the ditch easement so as to not obstruct ditch maintenance if in fact ditch mainte- nance is obstructed; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Richards, yes; Reno, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #17, SERIES OF 1992 - Housing guidelines Jim Curtis, acting director of the housing authority, told Council the 4 changes requested at the March 23rd meeting are in these housing guidelines. The guidelines are scheduled to be reviewed by the County Commissioners April 15th. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #17, Series of 1992, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Peters, yes; Pendleton, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #19, SERIES OF 1992 - Amending Section 10 of Ord. 1, 1990 by Extending the sunset/expiration dates as contained therein Leslie Lamont, planning office, told Council this extends the sunset provision on the housing replacement ordinance. Ms. Lamont said staff believes the extension will give staff and the public more time to get additional criteria and input. Councilman Peters requested staff to investigate the utilization of accessory dwelling units. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 6 Regular Meeting Aspen City Council April 13, 1992 Councilman Reno moved to adopt Ordinance #19, Series of 1992, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #20, SERIES OF 1992 -Amending Ord. 60, 1990, by Repeal ing Section 5 and Eliminating the Sunset Provision of Cottage Infill Legislation Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #20, Series of 1992, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Richards, yes; Peters, yes; Reno, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. CHILD CARE GRANT RECOMMENDATIONS, TRUST FUND, LOAN PROGRAM Cindy Wilson, assistant city manager, said the child care committee is asking for approval of 3 grants, approval of formation or a trust fund, and to proceed with a capital loan program for child care. The 3 grants total $49,056. One grant request is $2100 for an after school program emergency grant between ELC and Wildwood. The committee recommends approval of this grant; it is set up to be used as needed. The committee does not support continuing to grant money for an after school program that only serves one school. Ms. Wilson told Council the child care committee will work with the providers to develop a program for next year that will serve all schools. There is a second Wildwood request for capital improve- ments; the committee recommends approval of $35,815 out of $55,000, to reduce the scope of the work based on what can be done and also to pay for 95% of the projects, based on the enrollment of Aspen work force students, which is a policy established by the committee last fall. The third grant is for capital items to the Little Red School, recommended funding of 75% based on the enrollment of Aspen work force students. The total grant is $11,141. Ms. Wilson told Council there is also a grant request from the Waldorf school. The committee recommended no funding to the Waldorf school. The request is for scholarship funds. The committee previously established guidelines that schools have some financial reporting if they are going to award scholarships and that they have a sliding scale. The Waldorf school currently does not meet these guidelines. Councilwoman Richards said the commission will have to develop guidelines on how to separate 7 Regular Meeting Aspen City Council April 13, 1992 scholarships for pre-schoolers versus those in schools grades. Ms. Wilson said the committee has discussed that schools that compete with public schools should be the lowest priority. Ms. Wilson said the idea behind the trust fund is to establish a fund that would provide continued funding source once the day care sales tax expires. Ms. Wilson recommended Council establish a trust fund by looking at how much money will be needed annually. The committee recommended Council contribute $150,000 to $1 million to this trust fund in 1992. Ms. Wilson said contribut ing $150,000 each for the next 8 years would give the fund a total of $1.2 million. This will generate $80,000 per year if interest rates are 7 percent. If Council does not fund the trust, they will have to pay for the grants for the next 8 years directly out of the sales tax. Ms. Wilson said if Council makes a large contribution to the trust fund, this principle could start self-funding sooner than 2000. Councilman Peters said there may be a difference with how the city can invest their money and how a trust can invest. One thing a trust could do is to buy mortgages on affordable housing. Councilman Peters suggested the city assign to the trust the loan on Smuggler Mountain apartments. This would get double duty out of the money. Mayor Bennett asked if the city is equipped to monitor this type of loan. Dallas Everhart, finance director, said the city is not really set up to keep track of a lot of accounts receivable. Councilwoman Richards said the city should go through the legalities of setting up the trust before any moneys are transferred. There are mortgage servicing companies that the city could use. Council is in agreement about setting money aside in a trust. Councilwoman Pendleton said she would like to see more about the mechanics of a trust; how this would affect the housing fund. Councilwoman Richards said she would rather have leeway and make funds the city has invested available to this trust. Mayor Bennett suggested Council commit in principle to setting aside money in order to reach the $1.2 million goal in the next 8 years. This can be discussed every budget time and also when financing possibili- ties arise. Councilwoman Richards said she would like to see how this relates to proposed housing programs before she commits an actual dollar amount. Councilwoman Richards said she is willing to commit the money loaned to the Smuggler Mountain apartments. Ms. Wilson told Council she has looked at Marolt, Truscott Place, Billings, Kraut, East Hopkins, co-housing, and other projects for a total of $2.5 million. At the end of 1993 the housing/day care fund will have close to $4 million. Councilwoman Pendleton said her comfort level is a recommendation from staff on how much will 8 Regular Meeting Aspen City Council April 13, 1992 be needed for the day care fund. Ms. Wilson said since interest rates are very low this year Council approve the $235,000 into the trust. This can be looked at every year. Councilwoman Richards said she is not ready to give the trust fund $235,000 before she sees the legal set up of the trust fund. Councilman Peters said he would like to insure there is enough money and expertise to get the trust fund started. Councilman Peters said he does not want this trust competing with affordable housing projects. Councilman Peters moved to approve the grants as suggested by the Child Care task force; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to commit the loan of the Smuggler Mountain apartments to the trust; seconded by Councilman Peters. All in favor, motion carried. Councilwoman Richards said she would like to see the mechanism of the trust fund and would also like to have a discussion with Council about other income producing ideas for the trust fund. Councilwoman Pendleton said she wants the trust fund set up. Ms. Wilson said any transfer of money will come back to Council at an appropriation ordinance. Councilwoman Richards said this motion is to ask staff to come back with the vehicle that will be documents for the trust fund and a commitment to transfer the note of the Smuggler Apartments and all interest proceeds to that vehicle once it is formalized with further discussing on funding the balance of that. All in favor, motion carried. Ms. Wilson said the task force has also discussed establishing a policy where they could offer loans. This could be offered to for- profit providers to help them meet their needs without giving outright grants to a for-profit operation. This is one more tool to help give affordable child care in the area. Ms. Wilson told Council the task force is working on guidelines in order to encourage existing providers to bring their facilities up to a standard. Mayor Bennett said he is wary of adding a loan program to the finance department's work load. Mayor Bennett suggested the city guarantee SBA loans; there are low interest rates, the risk to the city is the same, someone else does the monitoring and servicing. Councilmembers Pendleton, Peters and Mayor Bennett approved the concept. Council wants more information. ORDINANCE #23, SERIES OF 1992 - Berger Annexation 9 Regular Meeting Aspen City Council April 13, 1992 Councilman Peters moved to read Ordinance #23, Series of 1992; seconded by Mayor Bennett. All in favor, motion carried. ORDINANCE #23 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNAT ED AS THE BERGER ANNEXATION was read by the city clerk Kim Johnson, planning office, told Council this is 1.16 acres located at the west end of Main street. Staff recommends approval. Ms. Johnson said the second ordinance deals with the zoning of the property. The property is surrounded on 3 sides by city property. Staff has received referral comments, including from the county. Ms. Johnson said there have been discussion in the press about whether the annexation of this parcel will have any affect on the location of the highway into Main street. Ms. Johnson said at the time staff wrote the memorandum, the CDOT historian was not able to give a firm opinion on whether or not historic designation of the parcel would affect the highway location. The city attorney's office indicates Council may accept or reject a petition for annexation for any reason they feel is in the best interest of the community. Scott Harper, representing the applicant Bruce Berger, told Council this property is at the very end of Main street and abuts onto Castle Creek. Council passed Resolution #3, 1992, in January stating this annexation petition was found in compliance with state statutes. On February 24, 1992, a public hearing was held on Resolution #11, which was passed by Council. On March 17, this applicant appeared before P & Z who recommended R-15 zoning contingent upon approval of the annexation. Harper said there is a community of interest with the city. Berger has been on city services since 1968. Harper said neither historic designation nor the highway should be an issue in terms of this annexation. Councilwoman Pendleton said there is an assumption in the community that approving the annexation will lead to historic designation which will be one more step towards stopping the highway coming into Aspen. Councilman Reno said Berger has been receiving city services for a long time and why is this being processed now when the applicant has had the opportunity since 1967 to annex into the city. Berger told Council he has been pursuing this for several years, and he should have done this sooner so he could vote in the city. Councilman Reno said with the proposed highway, if this area is annexed into the city, there is no guarantee the house will 10 Regular Meeting Aspen City Council April 13, 1992 still be standing. Councilman Reno asked the rationale for annexation and the future request for historic designation if the highway is coming through this property. Berger said the highway may not be a sure thing at this point. Councilman Reno said there is a road planned through this parcel. Ms. Johnson told Council to bring the parcel into the city would provide consistency and compatibility. Councilman Reno asked how Council can disregard the fact that the highway has been planned for this area for years. Amy Margerum, city manager, reminded Council landmark designation is done by ordinance of Council. The issue of the highway will be addressed during designation not annexation. By that time the staff will have the answer about how historic designation will fit in with the proposed highway. Councilman Reno asked if Council can approve annexation with the knowledge that the highway will go right through this parcel. Harper said annexation or not would have no affect on the issue of the highway. Councilwoman Pendleton said annexation has a lot of affect on the highway. Councilwoman Pendleton said Council has just spent 8 hours at a transportation symposium. Councilwoman Pendleton said one of her goals is to work on a valley-wide transportation plan. Councilwoman Pendleton said this parcel can be annexed anytime and annexation of this property at this time is perceived to be tied into the highway. Councilman Peters said he does not want to deny Berger the opportunity to discuss with the HPC the historic value of this structure. Councilman Peters said one of Council's goals is to apply consistent and fair government to everyone. Councilman Peters said the annexation stands on its own. Councilman Peters pointed out the EIS is potentially going to be segregated which means the highway department can deal with the 4F issue without throwing the EIS out the window. Councilman Peters said HPC can look at historic value of the building after annexation and if they decide it's significant, the highway department can deal with that. Councilman Peters said the city has taken the position with the highway department that they care very much about their property, they want it dealt with sensitively, and they want compensation for it. Councilman Peters said Berger should have the same opportuni- ty. Councilman Reno said his biggest problem is timing, and the perception is that this annexation is coming forward in order to go through HPC so there will be another stumbling block in the location of the highway. Councilman Reno asked if there are any buildings on the inventory 47 years old. Roxanne Eflin, planning department, said there are 3 landmark buildings of that era and a building built in 1952 that is on the inventory but not designated. 11 Regular Meeting Aspen City Council April 13, 1992 Councilwoman Pendleton said the city attorney's memo notes the Council can accept or reject any petition of annexation for any reason that is or is not in the best interest of the city. Councilwoman Pendleton said she also has a problem with the timing. Berger can be annexed at any time. In the best interests of the city and to further the goal of working on transportation, Councilwoman Pendleton said she will not vote for this. Berger told Council he only learned two years ago his house would be eligible for designation. Berger said the highway was first proposed in 1966 and there has been no time since then that this annexation would not have looked like interference with the highway. Ms. Margerum pointed out Council has the discretion to decide on a historic landmark and there are standards in the code for this. Ms. Margerum recommended the city receive a written response from the CDOT about historic buildings prior to second reading. Councilwoman Richards said she would prefer to table Ordinance #23 until the city has a letter from the state historic office to get a better feeling on what this is moving towards. Ms. Margerum said she does not feel this is a 4F issue because it is on private property. Councilman Reno said he has not been able to come up with a reason that this annexation will benefit the city. Harper said the annexation would promote the maximum compatibility with the existing neighborhood. This is surrounded on 3 sides by city and is the only parcel that is not in the city. Mayor Bennett agreed Berger should be able to present his structure to the HPC. Mayor Bennett said he will not vote to stop the highway. Councilwoman Richards moved to continue both Ordinance #23 and #24, Series of 1992, to June 8; seconded by Councilman Peters. All in favor, with the exception of Councilwoman Pendleton. Motion carried. Councilman Reno requested staff have all the answers at that meeting or he will not support going forward. ORDINANCE #22, SERIES OF 1992 - Code Amendment Sliding Scale FAR/AH Zone Councilman Peters moved to read Ordinance #22, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #22 (Series of 1992) AN ORDINANCE OF THE CITY 12 Regular Meeting Aspen City Council April 13, 1992 COUNC IL OF THE CITY OF ASPEN , COLOR ADO, AMEND ING SECTI ON 5- 206.2 OF CHAPT ER 24 OF THE MUNIC IPAL CODE, "DIME NSION AL REQUI REMEN TS" FOR AFFOR DABLE HOUSI NG (AH), SO AS TO ESTAB LISH A SLIDI NG SCALE AND CAP FOR FLOOR AREA RATIO S FOR 13 Regular Meeting Aspen City Council April 13, 1992 SINGL E FAMIL Y DWELL INGS was read by the city clerk Kim Johnson, planning office, said this text amendment establishes a sliding scale depending on lot size and also a maximum cap for detached single family residences. P & Z recommends approval of this amendment. Staff feels it meets all regulatory requirements for text amendments. Under the existing code with a 9,000 square foot lot one could have a 3600 square foot house. The way the scale is structured, one needs a one acre parcel in order to meet the maximum cap of 6,000 square feet. This is a large lot and there will probably not be too many to reach this cap. Ms. Johnson said staff has some setback regulations they would like to address; however, this code amendment had already been reviewed by P & Z. Ms. Johnson told Council this amendment was proposed by the developers of Ute Park and their development is contingent upon this code amendment. There will be some minor alterations to the AH dimensional requirements in the future. Councilwoman Richards said she objects to drafting code amendments for one particular development. Ms. Johnson told Council when the AH zone was formulated, staff realized in the interpretation of this unique zone district there would be alterations. Ms. Johnson said in hearing from the private sector to get them involved in affordable housing, staff understood there would be changes. Ute Park is the first AH project that has gotten to final approval stage. Ms. Johnson said two of the lots at Ute park are over one acre. Councilwoman Richards said she is concerned about future annexations which would allow for 6,000 square foot homes. Councilwoman Richards said she had a hard time visualizing square footages and would like some graphs or examples to compare 6,000 square feet. Councilwoman Richards said this is going to affect future annexations. Councilman Peters agreed and said this code amendment seems tailor- made for one project. Councilman Peters said the memorandum states the applicant believes this text amendment is necessary to offset the development costs in providing deed restricted housing. Councilman Peters said he does not agree with this statement. 14 Regular Meeting Aspen City Council April 13, 1992 Councilman Peters said this will have a direct impact on upcoming annexations and goes in the wrong direction. Councilman Peters said there are built-in incentives in the AH zone district. Ms. Johnson pointed out the applicant has responded to P & Z and Council's concern about density on site when the original applica- tion was 16 deed restricted units and 7 or 8 free market homes. The project has been scaled down to 3 free market development lots. The applicant is trying to balance all the numbers. The applicants would like to have slightly larger houses on one acres lots. This is to help balance providing 7 affordable units. Councilwoman Richards said there is a great deal of neighborhood sensitivity to what the AH zone will bring into their neighborhoods. Councilwoman Richards said she does not want to craft legislation that will allow huge houses that will swamp some existing neighborhoods. Council woman Richards said she did not hear, in the presentation of the Ute Park project, that their project was contingent upon getting larger houses than the code allows. Mayor Bennett suggested a compromise with a cap of 4500 to 5,000 square feet and revising the sliding scale. Councilman Peters said he is not interested in making decision based on a single inci- dence. Councilman Peters said using the present code people can build 5,000 square foot houses. Amy Margerum, city manager, pointed out the city's existing code allows houses much larger than 6,000 square feet. However, there are not currently a lot of large lots in the city. Future annexations will be affected by this. Councilman Reno said proportionately houses at 6,000 square feet on these lots will not be as large as those in the R-6 zone. Ms. Margerum reminded Council when the affordable housing zone was drafted, the size of houses was purposely kept to a cap of 3600 square feet so there would not be a huge gap between the affordable housing units and the free market units. Ms. Margerum said there is probably a compromise larger than 3600 square feet. Councilman Reno said he does not object to the ordinance as drafted. Mayor Bennett said he would support a sliding scale that ends at 4500 square feet. Councilman Peters said he is not convinced the city is responsible for a lack of equilibrium in the financing of this affordable housing project. Mayor Bennett agreed with not changing policy for one project; however, it seems like this policy everyone assumed would be changed. Councilman Peters said this will become policy for the entire city. Councilman Peters said he has to see a real substantial reason for a code amendment before staff spends time on it. Councilman Peters said he does not see a strong argument for this code amendment. Mayor Bennett said the argument may be that this code amendment made the AH zone district more attractive and workable. 15 Regular Meeting Aspen City Council April 13, 1992 Councilwoman Richards said she feels like this code amendment is piece mealing the city land use code. Councilwoman Richards said she is not comfortable with what this amendment will do to several city neighborhoods. Councilwoman Richards said she does not know there is a need to increase the FAR for the affordable housing district; maybe the percentage of free market should be increased, but not the actual size of the buildings. Leslie Lamont, planning office, told Council code amendments seem to be associated with applications as the ideas are brought up by applicants. Staff often likes the suggestion in a broader context and has the applicant do the initial work on the code amendment and staff takes it through the process. Ms. Lamont said this is a more efficient way to deal with code amendments. Ms. Johnson said this is a recommendation to adopt this code amendment from the staff and the P & Z. Ms. Margerum told Council if anyone feels the codes is unfair they may apply to amend it, no matter what it is, as long as they pay for the time. Councilwoman Pendleton said this code amendment does not come across as something being done to make things work better for the public. Mayor Bennett said he would increase this cap to 4500 square feet and re-examine all the FAR. Mayor Bennett said there is a lot of dissatisfaction in the community about very large houses on small lots. Mayor Bennett said maybe there should be one sliding scale that works for the entire town. Councilman Peters said although he would be interested in the sliding scale for the FAR, the planning office is too busy with other projects right now. Councilman Reno said the FAR is too small, the AH projects may go away. Councilman Reno moved to adopt Ordinance #22, Series of 1992, on first reading. Motion DIED for lack of a second. ORDINANCE #25, SERIES OF 1992 - H Designation 134 E. Bleeker Councilwoman Pendleton moved to read Ordinance #25, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #25 (Series of 1992) AN ORDINANCE DESIGNATING 134 EAST BLEEKER STREET AS "H", HISTORIC LANDMARK PURSUANT TO DIVISION 7, SECTION 7-702 OF CHAPTER 24 OF THE MUNICIPAL CODE was read by the city clerk Councilwoman Pendleton moved to adopt Ordinance #25, Series of 1992, on first reading; seconded by Councilman Reno. Roll call 16 Regular Meeting Aspen City Council April 13, 1992 vote; Councilmembers Richards, yes; Reno, yes; Pendleton, yes; Peters, yes, Mayor Bennett, yes. Motion carried. WHEELER SIDEWALK Rebecca Baker, parks department, said the Wheeler requests their sidewalk be reconstructed and replaced including installing snow melt. Ms. Baker said there was one bid, which was over budget; however, there may be savings in other capital projects. The Wheeler Board feels this is a priority and have been discussing replacement of this sidewalk since the Wheeler opened in 1984. Ms. Baker told Council the engineering department reviewed the bid package. The snow melt and curb and gutter were not part of the original bid package. Councilwoman Richards asked why the sidewalks from Mill to the Mother Lode. Wayne Pleasants, Wheeler staff, told Council a large problem is where the covers come over the interiors, there is consistent leaking problems into the Wheeler. The Wheeler sidewalk had multiple openings during the years. These have been filled and all of them leak. The sidewalk is a conglomeration of pieces that has been done over the last 45 years. The sidewalk right outside the doors to the theatre are completely cracked and down to the subsurface. There is no curb at this site. During the winter the parks staff removes snow in the early morning. Most of the Wheeler shows are at night resulting in a snow hazard. People have fallen there but there have been no claims against the city. Councilwoman Richards said during the budget process Council members did question the cost for the Wheeler sidewalk. However the sidewalk got lost in the other budget items. Councilwoman Richards asked that since the adoption of the procurement code the low bidder would be able to do the work without having to have all the expensive bonds. Ms. Baker said that was not the only reason he was not taking on the project. Pleasants pointed out a new requirement from the engineering department is to heat the curb and gutter around the edge of the building. This would help the ice build up on the side of the Wheeler. Councilwoman Pendleton said heating the curb and gutter can create dam systems and she does not think this should be part of the policy. Councilman Peters said he would like to see a bid from a concrete contractor to replace panels as necessary to comply with the engineering requirements. Councilman Peters said heating sidewalks does not go in the direction of conservation. Councilman Peters said if the Wheeler basement is leaking, that should be addressed and fixed. Councilwoman Pendleton said she would support replacing the sidewalk if it does not drain. 17 Regular Meeting Aspen City Council April 13, 1992 Jane Erb, Wheeler Board, said the liability of this sidewalk is the highest priority. Jed Caswall, city attorney, told Council the city is the property owner. The city does impose requirements for other property owners to remove snow in front of their buildings. Caswall stated the liability is greater here than other places, and if the city is aware of danger, they should do something about it. Councilman Peters said he would like this project re-examined for basic drainage and surface requirements and have it bid without the snow melt. Councilwoman Pendleton said sidewalks should be heated. Councilwoman Richards said she does not favor snowmelted sidewalks. Councilman Peters moved to direct the Wheeler staff to re-bid the sidewalk concrete work to improvement drainage and surface safety; seconded by Councilman Reno. Staff explained the Wheeler is going to be closed April 20th to May 15th for this project. If this is put off, it probably won't be done until next April. Councilwoman Richards said his motion is to fix the sidewalk without heating. All in favor, with the exception of Councilwoman Pendleton. Motion carried. Councilwoman Richards moved to adjourn at 9 p.m.; seconded by Councilman Reno. All in favor, motion carried. Kathryn S. Koch, City Clerk 18 Regular Meeting Aspen City Council April 13, 1992 CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 2 ................................ ............... NEW LICENSE HEARING - Poppy's Bistro Cafe 3 ...................... LIQUOR LICENSE TRANSFER - Racine's 3 ............................. SPECIAL EVENT PERMITS 3 ................................ .......... LIQUOR LICENSE RENEWALS 4 ................................ ........ ORDINANCE #12, SERIES OF 1992 - Aspen Winter Garden Ice Rink PUD 4 ................................ ....................... ORDINANCE #15, SERIES OF 1992 - Hume Lot Split 6 ................. ORDINANCE #17, SERIES OF 1992 - Housing guidelines 6 ............. ORDINANCE #19, SERIES OF 1992 - Amending Section 10 of Ord. 1, 1990 by Extending the sunset/expiration dates as con- tained therein 6 ................................ ............ ORDINANCE #20, SERIES OF 1992 -Amending Ord. 60, 1990, by Repeal ing Section 5 and Eliminati ng the Sunset Provision of Cottage Infill Legislation 7 ............................ CHILD CARE GRANT RECOMMENDATIONS, TRUST FUND, LOAN PROGRAM 7 ..... ORDINANCE #23, SERIES OF 1992 - Berger Annexation 9 .............. ORDINANCE #22, SERIES OF 1992 - Code Amendment Sliding Scale FAR/AH Zone 12 ................................ ............... ORDINANCE #25, SERIES OF 1992 - H Designation 134 E. Ble eker 15 ... WHEELER SIDEWALK 15 ................................ .......... 19