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HomeMy WebLinkAboutminutes.council.19930208Regular Meeting Aspen City Council February 8, 1993 Mayor Bennett called the meeting to order at 5:00 p.m. with Councilmembers Reno, Pendleton, Peters and Richards present. PROCLAMATION - Race to Erase MS Mayor Bennett read a proclamation declaring the week of February 8 through 14 MS Awareness week. Council presented it to Nancy Davis, organizer of the Race to Erase MS. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilman Peters said the city has EEO (equal employment opportunity) guidelines for asking questions in job interviews in order to stay away from civil rights issues. Councilman Peters said it was reported to him that a non-profit group conducted an interview which violated some of these guidelines. Councilman Peters suggested these guidelines be sent along with the service agreements the city sends out when they have funded a non-profit organization. Council agreed. 2. Am y Margerum, city manager, reminded Council there is a meeting Wednesday February 10th at 8 a.m. with the Red Brick School committee. 3. Amy Margerum, city manager, notified Council the first breakfast with staff is February 17th at 8 a.m. and is with the finance department. These breakfasts will be the third Wednesday of every month. 4. Amy Margerum, city manager, told Council staff met with CDOT and talked about the schedule for the EIS, the schedule for the implementation of the EIS from Buttermilk into Aspen. Staff encouraged CDOT to proceed with this as soon as possible. 5. Amy Margerum, city manager, requested a time for Council to interview candidates for city Boards and Commissions. Council scheduled this March 10th at 5 p.m. Councilwoman Richards suggested that the advertisement for vacancies be made snazzier. 6. Amy Margerum, city manager, requested Council add the Pioneer Park settlement to the agenda. Councilman Peters moved to add Resolution #9, Series of 1993, Pioneer Park to the agenda; seconded by Councilwoman Pendleton. All in favor, motion carried. 1 Regular Meeting Aspen City Council February 8, 1993 CONSENT AGENDA Councilman Reno moved to approve the consent agenda; seconded by Councilwoman Pendleton. The consent agenda is: A . Minutes - January 11, 25, 1993 B . Resolution #8, 1993 - Contract Award - Filter Media West Plant C . Resolution #5, 1993 - Adopting Water Policies D . Resolution # 7, 1993 - Extension of Recordation Deadline for Patterson Duplex PUD All in favor, motion carried. LIQUOR LICENSE BUSINESS 1. New License - New York Pizza . The applicant was not prepared to proceed. Councilwoman Pendleton moved to continue this to the end of the meeting; seconded by Councilwoman Richards. All in favor, motion carried. 2. Little Annie's Renewal . City Clerk Kathryn Koch reminded Council they had delegated to her approval of renewals. Ms. Koch told Council she approves these unless there are negative staff comments. One of the principles of Little Annie's has been arrested on a murder charge. Ms. Koch recommended approval of the renewal with the understanding this will be reviewed by Council when Paul Hamwi's stock is sold. John Hamwi told Council the stock will be sold to his mother; however, this will take some time. By or before the next renewal Paul Hamwi's name will not be on the license. John Worcester, assistant city attorney, agreed a person is innocent until proven guilty and it is appropriate to approve the license renewal. Councilwoman Richards moved to approve the renewal for Little Annie's liquor license; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #83, SERIES OF 1992 - Child Care Investment Fund Cindy Wilson, assistant city manager, told Council this ordinance was changed after Council's work session with the child care advisory committee. The ordinance identifies 20 percent of the sales tax in the housing/day care fund to be allocated annually to the new child care investment fund. The ordinance also establishes the principle amount transferred into the investment fund would be restricted solely for investment purposes and the income generated would be used for child care related programs, like tuition assistance, subsidies and loans and grants. Ms. Wilson said this would also allow for continued funding of the Kids First program; 2 Regular Meeting Aspen City Council February 8, 1993 however, the committee felt the target amount may not be sufficient to provide this in the future. Ms. Wilson said accumulating 20 percent annually up to 2000 will total $1.7 million which will leave the fund $300,000 short of the target of $2 million. Ms. Wilson recommended Council wait until they see the long range housing plan before putting a lump sum into the investment fund. Ms. Wilson said Council also discussed transferring the Smuggler Apartment loan to the child care investment fund in addition to the 20 percent contribution. The ordinance also identifies a new committee as the investment committee for this fund. Councilman Peters said the finance director should have ultimate responsibility for the fund. The committee can be very aggressive in placing the money locally. Councilman Peters said he would like the committee to include more than just city residents. Jed Caswall, city attorney, said permanent commissions can only be comprised of city residents. The Wheeler Board is a non-permanent commission. Council agreed the board would be re-authorized every two years adding the finance director as an ex officio member. Caswall told Council he will prepare the changes for the next meeting. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to table Ordinance #83, Series of 1993, to the next regular meeting; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #72, SERIES OF 1992 - Mocklin Rezoning Leslie Lamont, planning office, reminded Council this was tabled in order for staff and the applicant to work out the fees for water and sanitation taps. Council has endorsed the rezoning proposal. Ms. Lamont prepared a memo illustrating the build out on 27,000 square feet of land. Council also discussed a PUD overlay. Ms. Lamont pointed out the applicant did not request a PUD overlay; if the city wants to add a PUD overlay, this would be an entire rezoning process. The applicant has provided Council with a letter outlining history of the land. Jed Caswall, city attorney, pointed out the Council cannot arbitrate the fees owed on the water tap. Ms. Lamont said the proposal is to rezone 27,000 square feet of land. If the land were subdivided, all requirements would have to be met on the 27,000 square feet under RMF zoning. With the current configuration of the building, there is 17,310 square feet of land used up for 8 dwelling units. There is 9,690 square feet left over for density purposes. There could be 2 more three- bedroom units provided on the property, another 6 parking spaces 3 Regular Meeting Aspen City Council February 8, 1993 and 35 percent open space which is 9,450 square feet of open space. Any additional dwelling units would require growth management review. This would require mitigation of employee housing. Rezoning 27,000 square feet of land to RMF would allow a future build out of 2 three-bedroom or 4 two-bedroom units. If the building were torn down, Mocklin would have 8 free market develop- ment rights; however, he would have to comply with Ordinance #1 and employee housing. James Blanning told Council this property was originally a mill site for the midnight mining company. Blanning said when he purchased this there was a six inch line to serve the original mill. Blanning said the mine did what was proper to get the six inch line on to the property. Councilman Peters said this is a rezoning and the tap fee is not pertinent. Councilman Peters said he is interested in the density, build out and ultimate use of the rest of the property and the Aspen Area Community Plan. Sunny Vann, representing the applicant, told Council the applicant did everything correctly and was then annexed into the city. Councilman Peters said he would like to see an analysis of the development potential of the land as it is now so that Council can look at the upzoning. Mayor Bennett said he would like to hear about the law suit and how it was settled. Councilwoman Richards moved to table this to February 22, 1993; seconded by Councilwoman Pendleton. All in favor, motion carried. RESOLUTION #9, SERIES OF 1993 - Contract Award - Consulting Work on Super Block Leslie Lamont, planning office, told Council staff has been working with surrounding property owners on the "superblock" area; the alley south of City Market to east Hyman, what it would take to do underground parking under this and analysis of future development on top of the property. Council has a proposed scope of work. The adjacent property owners have agreed to participate financially. Mayor Bennett said he would like to see the scope of work expanded to look also at "revenue generating" options for the underground parking. Council agreed. Councilwoman Richards asked if the study will look at 3 levels of parking or just 2. Jim Curtis said he will ask the parking engineering what would be involved in going to 3 levels. Council agreed they would like the consultant to look at maximizing parking. Councilwoman Pendleton said the willingness of the surrounding property owners to contribute this is wonderful. Councilwoman Pendleton moved to adopt Resolution #9, Series of 1993, as amended; seconded by Councilman Reno. All in favor, 4 Regular Meeting Aspen City Council February 8, 1993 Councilwoman Richards abstained, motion carried. ORDINANCE #6, SERIES OF 1993 - Appropriations Councilman Peters moved to read Ordinance #6, Series of 19983; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #6 (Series of 1993) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $35,475; APPROPRIATING GENERAL FUND EXPENDITURES OF $578,520; APPROPRIATING PARKS AND OPEN SPACE FUND EXPENDITURES OF $288,850; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $12,062; APPROPRIATING PARKING IMPROVEMENT FUND EXPENDITURES OF $100; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF $173,020; APPROPRI- ATING 1992 IMPROVEMENT DISTRICT PROJECTS FUND EXPENDI- TURES OF $75,672; APPROPRIATING RED BRICK SCHOOL CAPITAL IMPROVEMENT FUND EXPENDITURES OF $3,743,900; APPROPRIAT- ING WATER FUND EXPENSES OF $931,374; TRANSFERRING $2,400 FROM THE WATER FUND TO THE GENERAL FUND; APPROPRIATING ELECTRIC FUND EXPENSES OF $700; TRANSFERRING $4,239 FROM THE ELECTRIC FUND TO THE GENERAL FUND; APPROPRIATING TRUSCOTT PLACE HOUSING FUND EXPENSES OF $22,052; APPRO- PRIATING MAROLT RANCH HOUSING FUND EXPENSES OF $7,157 was read by the city clerk Dallas Everhart, finance director, told Council most of the items on this appropriation ordinance are 1992 or prior projects. Staff is asking Council to reappropriate the budget. Everhart reminded Council they approved allowing departments to carry forward 50 percent of their savings for training. The savings to the city is $11,500 and $11,500 will be re-appropriated. Amy Margerum, city manager, said before second reading staff will add expenses for the facilitator for the Snowmass to Aspen transporta tion plan about $1500. Councilman Reno moved to adopt Ordinance #6, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #7, SERIES OF 1993 - Code Amendment Commercial Parking LTR Zone Councilman Peters moved to read Ordinance #7, Series of 1993; seconded by Councilwoman Pendleton. All in favor, motion carried. 5 Regular Meeting Aspen City Council February 8, 1993 ORDINANCE #7 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SECTION 24-5-214.C CONDI TIONAL USES FOR THE L/TR (LODGE/TOURIST/RESIDENTIAL) ZONE was read by the city clerk Kim Johnson, planning office, told council this was submitted on behalf of the Ritz Carlton hotel. This text amendment would allow commercial paid parking as a conditional use in the LTR district. Ms. Johnson said the Ritz Carlton anticipates their underground parking will be unused during much of the season. Ms. Johnson said P & Z favors the proposed text amendment. The criteria for text amendments has been met. Diane Moore, planning director, told Council this is a recommendation from the transportation committee who feels unused parking spaces should be available. Councilwoman Richards agreed she would like better utilization of existing parking spaces. Ms. Johnson told Council in the conditional use review there are criteria about impacts to the neighborhood, parking facilities, traffic, etc. This would be addressed in each conditional use review. Councilwoman Pendleton moved to adopt Ordinance #7, Series of 1993, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Peters, yes; Reno, yes; Mayor Bennett, yes. Motion carried. O'BLOCK EXTENSION OF VESTED RIGHTS Leslie Lamont, planning office, told Council the applicants have requested vesting in perpetuity for the O'Block subdivision. This subdivision is 10 free market units with 4 accessory dwelling units and is located on East Cooper and West End street. Ms. Lamont recommended denial of vesting in perpetuity. The subdivision approvals will remain in place even thought the vesting would not. Ms. Lamont noted there are 9 transfer of density rights associated with this subdivision. These TDRs can be sold and transferred to another property. If vested rights were extended, the applicant would not have to comply with any future code amendments. Ms. Lamont reminded Council the Aspen Area Comprehensive Plan has just been adopted and there are recommendations coming forward as amendments to the zoning code. Ms. Lamont said staff should have the ability to implement recommendations to the code that are 6 Regular Meeting Aspen City Council February 8, 1993 coming forward. Generally staff has not recommended extensions of vesting. The two that have been approved have had community benefits. For the vesting in perpetuity, the city received 5 acres of open space. Chuck Brandt, representing the applicant, told Council the request has been amended to a two year extension. Brandt said most developers have already given everything they can through the development process. Brandt read the applicable state statutes regarding vesting of rights. Harris Cohn, applicant, told Council he will concede that any sale of the development rights would immediately revoke any extension granted by this Council. Cohn told Council the intent of the 3 year vesting period is to provide a reasonable time in order to get the property developed. Cohn said this project was approved at the end of the townhouse cycle. The applicants have been watching River Park as a barometer and until that project sells out, it will be very difficult to get financing. Financing institutions are waiting to see if the vested rights for this project will be extended. Cohn said he feels two years will be an outside extension. Cohn said there is no adverse effect on the community in granting this extension. Cohn said the transferrable density rights being used for 9 of these units resulted from 104 employee units at Smuggler Trailer Park. Councilman Peters said a two year extension would be reasonable because the TDRs have found a home. Diane Moore, planning director, told Council it is a dangerous precedent to grant extensions of vested rights. This applicant still has the development rights with which to build a project and does not lose the development rights. All vesting does is if the code changes before a building permit is obtained, they would be under the new land use code. Amy Margerum, city manager, said it will be difficult to turn down any other applicants if there are no over riding reason to approve this request. Ms. Moore said 3 years of vested rights is appropriate. The dangerous precedent is when the vesting goes beyond 3 years. Councilwoman Richards said she does not see sense in extending the vested rights when the community plan has just been adopted and some things may be changing. Councilman Peters said he would like to insure this project gets built and that the TDRs are erased. Councilwoman Pendleton said she is concerned that this is the third request for extension of vested rights in a year. Ms. Lamont pointed out the lack of vesting does not prohibit the applicants from seeking an amendment to their approval. Jed Caswall, city attorney, noted while the law does not prohibit extension of vested rights, Council has made it a rough rule there should be some compelling public benefit to justify the extension 7 Regular Meeting Aspen City Council February 8, 1993 of vested rights. In this case the compelling public benefit might be that the applicant will commit to use the TDRs. Councilwoman Richards moved to not have staff prepare an ordinance to extend the vested rights on the O'Block project; seconded by Councilman Reno. All in favor, with the exception of Councilman Peters and Mayor Bennett. Motion carried. ORDINANCE #8, 1993 - Common Ground Subdivision, Vesting GMQS Exemption Councilwoman Pendleton moved to read Ordinance #8, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #8 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVI- SION, LOT LINE ADJUSTMENT, GMQS EXEMPTION FOR AFFORDABLE HOUSING, CONDOMINIUMIZATION, AND VESTED RIGHTS, FOR 0100 LONE PINE ROAD, COMMUNITY CENTER SITE, ASPEN, COLORADO was read by the city clerk Leslie Lamont, planning office, told Council this application is to develop 21 fully deed restricted dwelling units west of Hunter Long Housing. Council approved rezoning of this parcel to affordable housing in 1991. Councilman Peters moved to adopt Ordinance #8, Series of 1993, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #9, SERIES OF 1993 - Pioneer Park Amy Margerum, city manager, told Council the neighbors have agreed to install an irrigation system, which will help with the city's maintenance cost. Ms. Margerum said she would feel comfortable with $15,000 for maintenance and have the trust provide the other amenities. Council agreed. Councilman Reno asked if the trust was going to maintain the parcel. Ms. Margerum said they agreed to maintain it; however, there is a concern on the part of the adjoining property owners who want to guarantee the park would be maintained. Ms. Margerum said staff is not anticipating a lot of maintenance. Ms. Margerum suggested two or three community days annually for the neighborhood to take care of the property. Mayor Bennett suggested the resolution state there be a good faith effort on the part of the neighbors to support the maintenance through volunteer work. Jed Caswall, city attorney, said the Strombergs 8 Regular Meeting Aspen City Council February 8, 1993 have been very generous in this transaction. Councilman Peters moved to adopt Resolution #9, Series of 1993, including the recommendation the city accept this subject to the minimum $15,000 endowment and approach the historic trust and neighbors about maintenance of the park; seconded by Councilman Reno. All in favor, motion carried. LIQUOR LICENSE BUSINESS - New York Pizza No one was present for this item. Councilwoman Pendleton moved to table this to March 8, 1993; seconded by Councilman Reno. All in favor, motion carried. Councilwoman Pendleton moved to adjourn at 8:15 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 9 Regular Meeting Aspen City Council February 8, 1993 PROCLAMATION - Race to Erase MS 1 ................................ CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT AGENDA 2 ................................ ................. LIQUOR LICENSE BUSINESS 2 ................................ ........ ORDINANCE #83, SERIES OF 1992 - Child Care Investment Fund 2 ..... ORDINANCE #72, SERIES OF 1992 - Mocklin Rezoning 3 ............... RESOLUTION #9, SERIES OF 1993 - Contract Award - Consulting Work on Super Block 4 ................................ ....... ORDINANCE #6, SERIES OF 1993 - Appropriations 5 .................. ORDINANCE #7, SERIES OF 1993 - Code Amendment Commercial Parking LTR Zone 5 ................................ .......... O'BLOCK EXTENSION OF VESTED RIGHTS 6 ............................. ORDINANCE #8, 1993 - Common Ground Subdivision, Vesting GMQS Exemption 8 ................................ ................. RESOLUTION #9, SERIES OF 1993 - Pioneer Park 8 ................... LIQUOR LICENSE BUSINESS - New York Pizza 9 ....................... 10