Loading...
HomeMy WebLinkAboutminutes.council.19930510Regular Meeting Aspen City Council May 10, 1993 Mayor Pro Tem Peters called the meeting to order at 5:03 p.m. with Councilmembers Reno, Pendleton and Richards present. PROCLAMATION - Public Works Week Mayor Pro Tem Peters and Council proclaimed the week of May 16 through 22 as Aspen Public Works Week and called upon all citizens and civic organizations to acquaint themselves with the issues involved in providing Aspen's public works and to recognize the contributions which public works officials make every day for the citizens health, safety and welfare. Jack Reid, streets superin- tendent, told Council the streets departments is having trash pick up as part of Public Works Week. PUBLIC WORKS CITIZEN OF THE YEAR Mayor Pro Tem Peters and Council presented a plaque and proclama- tion to Molly Campbell honoring her as the second annual public works citizen of the year. Molly Campbell said she is proud to be a citizen of Aspen and is honored to receive this plaque. Ms. Campbell thanked the city staff and especially public works staff for the job they do managing the city. OUTSTANDING EMPLOYEE BONUS AWARDS Mayor Pro Tem Peters and Council presented checks and plaques to Craig Overbeck, and Dallas Everhart, finance department; the electric department, streets department and planning office for first quarter outstanding employee bonus awards. PROCLAMATION - National Historic Preservation Week Mayor Pro Tem Peters and Council proclaimed May 9 to 15 National Preservation Week and called upon all citizens of Aspen to recognize and participate in this observance. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Mayor Pro Tem Peters moved to add to the consent calendar a direction to city staff to proceed with planning associated with designation and enforcement of 28 short term parking spaces considered at the Friday May 7th work session; seconded by Councilwoman Pendleton. All in favor, motion carried. 2. Mayor Pro Tem Peters removed Resolution #32, Series of 19 93, 1 Regular Meeting Aspen City Council May 10, 1993 Little Cloud Water Service agreement from the agenda. There is no reference to the newly adopted water policy. This will be placed on the May 24th agenda. 3. Councilman Reno moved to table Ordinance #23, Series of 1993, PUD Amendment, Rezoning Gordon Callahan, to May 24; seconded by Councilwoman Richards. All in favor, motion carried. 4. Leslie Lamont, planning office, requested Council remove the Rio Grande Master Plan Conceptual SPA from the agenda. There will be a public hearing for the adoption of the master plan in front of P & Z June 8. Council will review and endorse the master plan at their June 14th meeting. Councilman Reno moved to remove the Rio Grande master plan from the agenda; seconded by Councilwoman Pendleton. All in favor, motion carried. 5. Amy Margerum, city manager, introduced new staff; Amy Amidon, historic planner; Bill Early; electric superintendent; and Kate Foster, engineering department. 6. Amy Margerum, city manager, asked Council to add to their consent agenda a request for $3,000 from the contingency fund to assist in moving the transportation department to the basement of the Wheeler. Councilwoman Richards moved to add to the consent calendar a request for $3,000 from the contingency to move the transportation department to the Wheeler; seconded by Councilman Reno. All in favor, motion carried. CONSENT CALENDAR Councilman Reno moved to adopt the consent calendar as amended; seconded by Councilwoman Pendleton. The consent calendar is: A . Child Care Investment Fund Committee B . Request for Funds - Energy Efficiency Committee C . Request for Funds - School Clean Up Day D . Resolution #33, 1993 - Data Processing Plan Contract E . Resolution #35, 1993 - Housing Office IGA Amendment F . Resolution #34, 1993 - Assignment of Castle Creek Valley Ranch Water Agreement G. Requ est for funds - $10,000 for short term parking H. Request for funds - $3,000 Move Transportation to Wheeler All in favor, motion carried. ORDINANCE #20, SERIES OF 1993 - Ute Trail Townhomes Extension of 2 Regular Meeting Aspen City Council May 10, 1993 Vested Rights Mayor Pro Tem Peters left the room due to conflict of interest. Leslie Lamont, planning office, reminded Council the condition of approval at first reading was to upgrade or to vacate the units. Ms. Lamont told Council two of the units will be vacated by June 1; the third unit by June 15. In the meantime, smoke alarms have been installed and the egress cleared of debris. The building depart- ment conducted an inspection and felt the applicants complied with the conditions of approval for first reading. Ms. Lamont pointed out this project contains 6 fully deed restricted units and staff feels there is a public benefit to extending the vested rights. Councilwoman Pendleton opened the public hearing. There were no comments. Councilwoman Pendleton closed the public hearing. David Myler, representing the applicant, requested the ordinance be amended to insert the date of June 15 as the vacation of the premises and to strike the reference to the plat being filed as it was filed with the original approval. Councilwoman Richards suggested the reasons for granting the extension of vested rights be attached to the ordinance as an exhibit. Councilwoman Richards moved to adopt Ordinance #20, Series of 1993, on second reading attaching page 3 from the memorandum listing the 5 reasons for granting the extension and amending the ordinance as above; seconded by Councilman Reno. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes. Motion carried. ORDINANCE #21, SERIES OF 1993 - Code Amendment - Public Zone Permitted Uses Kim Johnson, planning office, told Council this amendment to the public zone district will allow arts, cultural and recreation uses. The public zone currently allows performing arts and recreation activities. This is a recommendation from P & Z to delete those two items and replace it with arts, cultural and recreation. Ms. Johnson said there were a suggestion at first reading to look at a new zone district. Ms. Johnson pointed out the public zone currently allows arts and recreation uses. There are currently 29 zone districts. Diane Moore, planning director, read the purpose of the public zone, which is to provide for the development of governmental and quasi-governmental facilities, for cultural, educational and other governmental purposes. Ms. Moore said this text amendment more appropriately describes the types of uses in the public zone. Ms. Johnson entered the proof of publication of this ordinance into the record. 3 Regular Meeting Aspen City Council May 10, 1993 Mayor Pro Tem Peters opened the public hearing. Katherine Lee read a letter into the record requesting Council not zone the land at the old Red Brick school to public. Ms. Lee said the zoning should not compete with the parcel. The city should create a new Arts, Cultural and Recreation zone for this parcel which would benefit all the arts and non-profit groups. Ms. Lee suggested Council zone this public temporarily while they create the new zone. Ms. Lee said the permitted uses for the public zone are too broad. The Red Brick school parcel is surrounded on 3 sides by R-6 residential and on the other by an environmentally sensitive area. Ms. Lee said the broad uses in the public zone do nothing to compliment the R-6 or ESA zoning. Ms. Lee pointed out without the proper zoning, the open space on the property might not be used the way it is envisioned by the public. Ms. Lee said the surrounding property owners do not know if the city intends to renovate, demolish or mothball the Red Brick school. There has not been a public meeting ahead of this zoning meeting regarding the city's final development plans for this property. Ms. Lee said major concerns are parking and traffic. There is a real need for off street parking combined with the commitment to utilize auto disincentives. There is a lot of congestion in the area and the creation of an arts center will add to this congestion. The neighbors will be adversely affected. Ms. Lee said the purpose of zoning is supposed to take into account "respect for the rights of property owners and consideration of the interests of the citizens of the City of Aspen." Public zoning is too broad to be able to accomplish this. The Municipal Code states there is supposed to be "a higher quality of site planning and to establish land use patterns that are compatible with surrounding zone districts". Ms. Lee requested a higher quality of zoning, and arts cultural and recreation zone is the kind of zone the neighbors envision. Ms. Lee requested Council zone this public temporarily and start the process to create a new zone district. Councilwoman Richards said rather than continue to manufacture zone districts, the city should find broader districts with lists of permitted uses. Mayor Pro Tem Peters said these uses exist in the present public zone district and are being more broadly defined. Mayor Pro Tem Peters said there is a continuum from what existed previously and to what will continue to exist. Mayor Pro Tem Peters said it is something to celebrate that buildings are being used. Councilman Reno asked what kind of public process there is for change in use once the property is rezoned. Ms. Johnson told Council all public projects are reviewed by the public projects 4 Regular Meeting Aspen City Council May 10, 1993 review process. Parking is a special review at P & Z. Amy Margerum, city manager, pointed out the use of the building cannot be changed until the bonds are paid off. Councilwoman Richards moved to adopt Ordinance #21, Series of 1993, on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Richards, yes; Mayor Pro Tem Peters, yes. Motion carried. ORDINANCE #22, SERIES OF 1993 - Aspen Arts and Recreation Center Rezoning Kim Johnson, planning office entered into the record the Aspen Area Community Plan, the proof of publication and a revised sketch of the proposed parking arrangement. Ms. Johnson told Council this review is for rezoning and a final development plan to lock in a site plan for the parcel. This is a consolidated PUD review, a two-step review. This review is also growth management exemption for essential public facilities. Ms. Johnson noted 35 parking spaces on site are being identified for the north side of the building. P & Z recommended these be striped and signed for use by the occupants of the building. P & Z also recommends a landscape buffer between this parking and the trail to the post office. There are some constraints like sewer lines, in this area. Ms. Johnson told Council the proposed impacts of the arts and recreation center are equal to or less than that of the previous Red Brick school use. The employee generation will be slightly less than the maximum use of the Red Brick school. Ms. Johnson told Council P & Z approved the rezoning unanimously. P & Z held a public hearing and neighbors spoke at this meeting. One concern was that affordable housing may be developed on this site, which is allowed in the public zone district. This would be a conditional use review and would have to go to P & Z as a public hearing. Councilwoman Richards asked about making a lease requirement that tenants park in the parking structure. Alice Davis told Council there is some feeling if people are not allowed to park on-site, they will bring their cars and park illegally. Councilwoman Richards said she would rather not lose the playground area behind the building. Mayor Pro Tem Peters opened the public hearing. Katherine Lee said she does not feel the impacts of this use will be less than that of a school. Ms. Lee pointed out there was traffic only at two times a day during the school year. Ms. Lee 5 Regular Meeting Aspen City Council May 10, 1993 said it is critical to maintain as much open space on the parcel as possible which could be achieved with the proper zone. Jim Scarborough, Garmisch and Francis, said he does not feel the impact of this use will be small. Scarborough said he is concerned this zoning is being pushed ahead without understanding all the impacts. Scarborough said he would like to know more about what will be done with the building, what the landscaping will look like. Bill Efting, assistant city manager, told Council the options are to restore the entire building or to mothball the 1941 portion. HPC voiced a concern about keeping the same open space. Councilwoman Pendleton asked if language can be added about a traffic mitigation plan. Diane Moore, planning director, said it would be appropriate to add it as part of the PUD approval. Councilwoman Pendleton pointed out the city has been working on this site as an arts center for more than two years. Ms. Moore said a traffic mitigation plan should be added as condition #10. Sy Coleman agreed something should be done about parking and suggested the parking on the north of the property be allotted by tenants who are willing to pay for it. Councilwoman Pendleton said she is not convinced a new zone district will accomplish what the adjacent property owners want. Ms. Davis told Council she received comments from George Vicenzi who opposes rezoning to public because he does not believe Council can guarantee other uses will not be allowed. Vicenzi favors a new zone district. Mayor Pro Tem Peters closed the public hearing. Ms. Johnson proposed a new condition 10 to read, "The city shall require that annual tenant leases and/or subleases include stipula- tions for auto disincentives and measures to reduce parking demand and congestion". Councilwoman Richards stated she is committed to the long term use of this parcel to the community. This is referenced in the Aspen Area Community Plan as a site to be maintained for community uses. The public zone district is most appropriate for this site and is in accordance with the vote on this parcel. Councilman Reno said he supports this rezoning and does not see a major difference between the two approaches. Councilman Reno said he would favor addressing parking in the leases. Councilman Reno said he would not like to see the entire north side of the parcel taken up with cars. Councilwoman Pendleton said she would like Council to review the traffic mitigation plan after a year of operation. Councilwoman Pendleton moved to adopt Ordinance #22, Series of 1993, on second reading amending it to add condition #10 which mitigates the traffic and parking and the traffic mitigation portion of the PUD shall be reviewed by Council every two years; 6 Regular Meeting Aspen City Council May 10, 1993 seconded by Councilwoman Richards. Mayor Pro Tem Peters noted the P & Z voted unanimously for this rezoning. It is also recommended in the AACP. Questions were raised about the uncertainly of the future and the redevelopment of the building. Mayor Pro Tem Peters said he is assuming this rezoning is the most intensive use, which includes development of the entire building. The city is trying to preserve the building, the footprint and the open space. Roll call vote; Councilmembers Richards, yes; Reno, yes; Pendleton, yes; Mayor Pro Tem Peters, yes. Motion carried. ORDINANCE #29, SERIES OF 1993 - Fireplace Code Amendment Councilman Reno left due to conflict of interest. Lee Cassin, environmental health department, told Council this provides "Act of God" language in the air quality section of the code. An example is a building that burned down which had 8 fireplaces. Under the current code they would not be able to replace these fireplaces except with gas appliances. This ordinance will allow each fireplace to be replaced with gas log fireplaces. The rationale behind this is it was not the owners' choice the building burnt down and it is a rare occurrence. The ordinance incorporates 3 provisions designed to make this easy to accomplish; there is no requirement the owners purchase fireplace rights; no hearing requirement and no maximum number that can be upgraded. Councilwoman Pendleton moved to read Ordinance #29, Series of 1993; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #29 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ARTICLE II OF CHAPTER 11 OF THE MUNICIPAL CODE, ENTITLED "AIR QUALITY", TO ALLOW FOR THE REPLACEMENT OF LAWFULLY PRE-EXISTING WOOD BURNING FIREPLACES DESTROYED BY AN ACT OF GOD was read by the city clerk Councilwoman Richards said when there is an act of God, the new project should come under the current codes. Councilwoman Richards said these additional rights should be purchased. Mayor Pro Tem Peters said he feels buildings destroyed by fire should be treated differently than other reconstruction or rehabilitation. Councilwoman Pendleton moved to adopt Ordinance #29, Series of 1993, on first reading; seconded by Mayor Pro Tem Peters. Roll 7 Regular Meeting Aspen City Council May 10, 1993 call vote; Councilmembers Pendleton, yes; Peters, yes; Richards, no. Motion carried. ORDINANCE #28, SERIES OF 1993 - Oblock Subdivision Amendment Councilman Reno moved to read Ordinance #28, Series of 1993; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #28 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL AMENDMENT TO THE FINAL SUBDIVISION PLAN FOR THE OBLOCK SUBDIVISION, CONDOMINIUMIZATION AND VESTED RIGHTS STATUS FOR LOTS D-I AND N-S OF BLOCK 112, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Leslie Lamont, planning department, told Council this was original- ly approved in 1990 with 10 free market units and 4 accessory dwelling units and underground parking. The applicants propose to eliminate the underground parking and provide it on-site. They are also requesting vested rights. The Council denied an extension of vested rights for this subdivision. Ms. Lamont said this repre- sents a substantial amendment to the original submission; there- fore, it is returning to Council. Ted Guy, representing the applicant, said the primary change is to create private driveways to private garages. The third parking space will be on-grade adjacent to the alley. The units will remain townhouse configuration. The massing is similar to before. The units will be 3600 square feet including the ADU. Mayor Pro Tem Peters asked about the comments from the parks department about trees being removed and replacement trees not being listed. Guy told Council he will work with the parks department to get this resolved before second reading. Ms. Lamont told Council this project uses 9 TDRs to exempt them from growth management. There is no employee housing mitigation required when using TDRs; however, replacement of the existing home would require an ADU or cash-in-lieu. The applicants are proposing 4 ADUs. Councilman Reno moved to adopt Ordinance #28, Series of 1993, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Richards, yes; Reno, yes; Pendleton, yes; Mayor Pro Tem Peters, yes. Motion carried. ORDINANCE #27, SERIES OF 1993 - Temporary Use Permit Theatre in the Park 8 Regular Meeting Aspen City Council May 10, 1993 Councilwoman Pendleton moved to read Ordinance #27, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #27 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE PERMIT FOR ASPEN THEATRE IN THE PARK FOR LIVE PERFORMANCES AND THE CONSTRUCTION AND MAINTENANCE OF A SUMMER THEATRE TENT ON THE RIO GRANDE PROPERTY, CITY AND TOWNSITE OF ASPEN was read by the city clerk Leslie Lamont, planning office, told Council this temporary use permit is to allow the Theatre in the Park to set up their tent for the 7th season. The tent will be up from May 25 to September 20th. Ms. Lamont told Council the Rio Grande master plan recommends an art theme for this portion of the Rio Grande and also contemplates a tent structure. Ms. Lamont said the Theatre in the Park was not able to complete their portion of SPA review in order to get permanent approval. Carol Lowenstein requested the Theatre in the Park be able to start putting their tent up before second reading of this ordinance. It takes a long time to get the tent up and the first performance is June 1st. Jed Caswall, city attorney, said they may proceed at their own risk. Councilwoman Richards said she would like a condition of approval that parking in the lot north of the tent be prohibited during the regular season. Pat Fallin told Council last year they barricaded this with sawhorses. That did not keep people out. Ms. Fallin said she is willing to work with staff on a solution to control access. Councilwoman Pendleton moved to adopt Ordinance #27, Series of 1993, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Mayor Pro Tem Peters, yes. Motion carried. ORDINANCE #26, SERIES OF 1993 - Subdivision Exemption Pine Glen Townhomes Councilwoman Pendleton moved to read Ordinance #26, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #26 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY CO UNCIL GRANTING SUBDIVI- SION EXEMPTION FOR THE CONDOMINIUMIZATION OF THE PINE 9 Regular Meeting Aspen City Council May 10, 1993 GLEN TOWNHOMES LOCATED AT 1010/1014 E. HUMAN AVE (LOTS N AND O, BLOCK 33, TOWNSITE OF ASPEN) was read by the city clerk Leslie Lamont, planning office, told Council this is a request to condominiumize a duplex being built pursuant to Ordinance #1; there is an accessory dwelling unit for each side. Councilman Reno moved to adopt Ordinance #26, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Richards, yes; Mayor Pro Tem Peters, yes. Motion carried. ORDINANCE #17, SERIES OF 1993 - Optional Premises for Liquor License Councilman Reno moved to read Ordinance #17, Series of 1993; seconded by Councilwoman Pendleton. All in favor, motion car ried. ORDINANCE #17 (Series of 1993) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN RELATING TO THE CITY LIQUOR CODE BY ADOPTING STANDARDS FOR THE ISSUANCE OF OPTIONAL PREMISES LICENSES AND FOR OPTIONAL PREMISES FOR A HOTEL AND RESTAURANT LICENSE was read by the city clerk Kathryn Koch, city clerk, explained state statute allows sports and recreational facilities to have a liquor license. However, the local licensing authority must adopt standards before any optional premises licenses are issued. This ordinance adopts those standards. Steve Wickes, representing the Aspen Partnership for Healthy Communities, told Council they would like to help define the standards and be a reference on any specific licenses issues. Bill Efting, assistant city manager, told Council a beverage cart on the golf course would be a better way to control liquor than is being done now. This will also define the special event permit process. Mayor Pro Tem Peters pointed out this is generic legislation and is not just for the golf course. Councilwoman Richards said she is interested in how the applicants intend to demonstrate control of the premises. Councilwoman Richards said she is also concerned about the mix of minors and adults drinking on the golf course. Jed Caswall, city attorney, said Council will examine each and every applicant for an optional premises license. The applicants will have to satisfy the liquor license authority that they are meeting the city's standards. Councilwoman Richards said she would 10 Regular Meeting Aspen City Council May 10, 1993 like the standards section expanded and requested staff work with the coalition to help develop these standards. Councilwoman Pendleton moved to adopt Ordinance #17, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Mayor Pro Tem Peters, yes. Motion carried. Councilwoman Pendleton moved to adjourn at 7:45 p.m.; seconded by Councilman Reno. All in favor, motion carried. Kathryn S. Koch, City Clerk 11 Regular Meeting Aspen City Council May 10, 1993 PROCLAMATION - Public Works Week 1 ............................... PUBLIC WORKS CITIZEN OF THE YEAR 1 ............................... OUTSTANDING EMPLOYEE BONUS AWARDS 1 .............................. PROCLAMATION - National Historic Preservation Week 1 ............. CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 2 ................................ ............... ORDINANCE #20, SERIES OF 1993 - Ute Trail Townhomes Extension of Vested Rights 2 ................................ .......... ORDINANCE #21, SERIES OF 1993 - Code Amendment - Public Zone Permitted Uses 3 ................................ ............ ORDINANCE #22, SERIES OF 1993 - Aspen Arts and Recreation Center Rezoning 5 ................................ ........... ORDINANCE #29, SERIES OF 1993 - Fireplace Code Amendment 7 ....... ORDINANCE #28, SERIES OF 1993 - Oblock Subdivision Amend ment 7 ... ORDINANCE #27, SERIES OF 1993 - Temporary Use Permit Theatre in the Park 8 ................................ ............... ORDINANCE #26, SERIES OF 1993 - Subdivision Exemption Pine Glen Townhomes 9 ................................ ............ ORDINANCE #17, SERIES OF 1993 - Optional Premises for Liquor License 10 ................................ ................... 12