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HomeMy WebLinkAboutminutes.council.19931213Regular Meeting Aspen City Council December 13, 1993 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Reno, Richards, Paulson and Waggaman present. SISTER CITY COMMITTEE PRESENTATION Len Olender reminded Council they requested the Sister City Committee to come up with an official flag for the city. Karinjo DeVore put together a citizen committee, who unanimously agreed on a design. Harry Teague told Council the committee feels this designs represents the history of the town. Karinjo presented a prototype of the flag, which is a green Aspen leaf with a snowflake in it on a white background. The sister city committee presented the flag to Council. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Council scheduled a retreat for January 29 and 30. 2. Council rescheduled their work session on a separate liquor authority to February 7 at 5 p.m. as January 17 is an official holiday. There is a joint work session with P & Z January 11 at 5 p.m. on the superblock. 3. Councilman Paulson said he is concerned about the ski patrol and would like to see the Ski Company and ski patrol agree on their labor dispute. This does not present a very good picture. 4. Councilwoman Richards said Council has received letters from ski patrol asking for support. Councilwoman Richards said Council can only share their concern. 5. Councilman Reno suggested officers or information to get cars merging the for the HOV lane earlier than at Aspen street. This spot causes a traffic jam. Tom Stephenson, police chief, said the reason for merging at this location is that it is the final entry for buses onto Main street. Merging any earlier would cause confusion and crossing traffic. Stephenson said the city is trying to make the HOV lane as long as possible to maximize the benefits for people using it. Stephenson told Council staff is continuing to monitor the HOV lane and make minor changes. Staff is meeting tomorrow to come up with contingency plans and will report back to Council. 6. Amy Margerum, city manager, reminded Council the water plant opening is this Thursday, December 16 at noon. Council has 1 Regular Meeting Aspen City Council December 13, 1993 canceled the brown bag lunch for December 27 and has canceled the December breakfast meeting. Ms. Margerum told Council there is an all day symposium sponsored by Colorado Counties Inc. and CML January 19 in Denver, 7. Amy Margerum, city manager, said the Roaring Fork Forum meeting January 27 will be held in Aspen in the City Council Chambers. 8. Amy Margerum, city manager, told Council the parking staff is working with ACRA on a parking and transportation flyer giving information on the HOV lane, parking garage, parking meters, etc. 9. Amy Margerum, city manager, pointed out the packet contains information on raising the income guidelines for senior citizens to qualify for property tax relief. The city offers discounts on water rates for seniors who qualify. Staff recommends the income guidelines be raised. Council agreed. 10. Amy Margerum, city manager, said the HOV lane problems tend to occur between 5 and 5:30. City Hall will experiment with changing the hours to 5:30 both for customer service and to help stagger times when people are leaving town. 11. John Worcester, city attorney, requested Council add an assignment of the Pearce water service agreement to the same partnership under a different umbrella. Worcester said he did not see any reason not to do this. Councilwoman Waggaman moved to add Resolution #93, Series of 1993 to the consent agenda; seconded by Councilwoman Richards. All in favor, motion carried. CONSENT AGENDA Councilman Reno moved to approve the consent agenda; seconded by Councilwoman Richards. The consent agenda is: A . Resolution #87, 1993 - Approving Additional Retirement Plan Option B . Resolution #88, 1993 - Red Brick Management Agreement C . Resolution #89, 1993 - Extension of Time to Record Benedict Plat D . Resolution #90, 1993 - Extension of Time to Record Truscott Plat E . Housing Authority Budget F. Resolution #93, 1993 - Assign ment of Pearce Water Service Agreement All in favor, motion carried. 2 Regular Meeting Aspen City Council December 13, 1993 LIQUOR LICENSE HEARING - Hunter Street Pub Chairman John Bennett opened the public hearing. Kathryn Koch, city clerk, reported the file, posting and publica- tion to be in order. Rick Neiley, representing the applicant, told the Authority this is a request for a full hotel and restaurant liquor license with extended hours. The applicants currently have a liquor license for the Silver City Grille, located upstairs. This is a separate liquor license because there is no contiguity between the two establishments. This was reviewed and approved by P & Z for a conditional use. Neiley presented a sample menu. Neiley told Council the fare is low priced. The current restaurant has been very successful in catering to locals. The new restaurant is 600 square feet with a total of 20 seats. The applicants will be building restroom facilities. Neiley told the Authority the alley has been a problem. A condition imposed by P & Z is that the trash either be enclosed or be contained on the premises. The applicants have done that. Richards asked about the alcohol awareness training. Neiley said the applicants have attended the training. Paulson asked about parking. David Goldberg, applicant, told the Authority they have leased spaces in the parking lot across the street for employees. Bennett closed the public hearing. Richards moved that based on the public hearing held December 13, 1993, relating to the application of Hunter Street Pub, the Liquor License Authority finds that the needs of the neighborhood have not been met and the license is hereby granted; seconded by Reno. All in favor, motion carried. ORDINANCE #50, SERIES OF 1993 - 835 W. Main Historic Landmark Designation Amy Amidon, planning office, told Council HPC and P & Z recommend landmark designation for this property finding that it meets 4 of the standards for designation. A property is only required to meet 1 standard for designation. The building meets the standards of architectural importance and community character. Ms. Amidon told Council she attempted to contact CDOT and was told they are not required under Colorado law to address a local landmark designa- tion. Scott Harper, representing the applicant, read comments from the P & Z and HPC minutes when they approved this for historic designa- tion. Harper said the applicant feels this home meets all 6 3 Regular Meeting Aspen City Council December 13, 1993 standards. Harper read excerpts from Bruce Berger's book Note of a Half-Aspenite about the house and famous guests in the house. Harper submitted pictures of the house for the record. Mayor Bennett opened the public hearing. Fred Peirce told Council he was asked by the Aspen Villas to voice their concerns that this request is before Council because of an attempt to block the 4-lane straight highway approach into town. Peirce said if the building is historically significant, it should be so designated and Council should make it clear that this building can be relocated. Peirce suggested language be added to the ordinance stating the building can be moved. Ms. Amidon recommended the entire site be designated historic. Ms. Amidon said she feels CDOT will look at the project the same way whether it is the structure or the structure and the site that is designated. Sy Coleman said the Council should seriously consider the recommenda tion of their citizen boar ds. Jim Breasted said this house has a sense of modesty and is something of value to the community. Breasted said the fenestration is worth preserving Geirt Meyerhoff spoke in favor of historic designation of this house. The community has lost too many historic structures and some of its historic character. Mari Peyton, former P & Z member spoke in favor of historic designation. Sara Garton, P & Z member, told Council she favors designation. Les Holst, HPC member, urged Council to designate this site. Karen Day, HPC member, agreed this should be designated. Mayor Bennett closed the public hearing. Councilwoman Waggaman said she supports this historic designation. If the highway has to go through this property and it is to the greater good of more people, she would not oppose that. Council- woman Waggaman said the site is integral to the house and she supports designation of the entire site. Councilman Paulson said he does not feel this is a political issue and it should be judged solely on the merits of whether there is historic value or not. Councilman Reno said this building meets the criteria in the city code and is eligible for designation. Mayor Bennett said staff, HPC and P & Z have all recommended designation based on meeting 4 of the criteria. Mayor Bennett pointed out the applicant could tear this structure down and building something much larger on site. The applicant is trying to save something that is of benefit to the community. Mayor Bennett said this structure will not be protected from highway development just because of local historic designation. 4 Regular Meeting Aspen City Council December 13, 1993 Ms. Amidon told Council the applicant requested a $2,000 grant for preservation of a historic structure. Council budgets $10,000 annually to meet these grants. The ordinance should be amended to include this. Councilwoman Waggaman moved to adopt Ordinance #50, Series of 1993, on second reading, amending the ordinance to approve a one-time historic grant of $2,000; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #91, SERIES OF 1993 - 1994 Budget Rob Umbreit, budget director, presented the final 1994 budget as reviewed and amended by Council over the past 3 months. Umbreit pointed out the revised general fund operating budget is $9,441,768 and the total operating budget is $17,277,821. Councilwoman Richards asked if there is adequate money for transit studies. Steve Barwick, finance director, told Council there is $12,000 in the 1993 budget which will be put forward in the 1994 budget. There is also $50,000 for a dial-a-ride program, some of which could be used for this study. Councilman Paulson said he would like to change his vote on the supplemental funding for additional help at the Red Brick school. Councilman Paulson said these type of programs can die without attention. Councilman Paulson said he would also like staff or Council to look at how these programs could be funded outside the government. Umbreit noted this temporary labor is partially offset by revenues. Councilman Paulson moved to amend the 1994 budget that the temporary labor for the Red Brick school be included; seconded by Councilwoman Richards. All in favor, with the exception of Councilman Reno and Mayor Bennett. Motion carried. Councilman Paulson moved to amend the 1994 budget by deleting the public information office from the 1994 budget; seconded by Councilman Reno. Councilmembers Reno and Paulson in favor; Councilmembers Waggaman, Richards and Mayor Bennett opposed. Motion NOT carried. Councilwoman Waggaman said she does not visualize this position as a wall the community has to go through to get to the rest of the city. Mayor Bennett said he feels this will open up the city more to the public. Mayor Bennett reopened the public hearing. There were no comments. 5 Regular Meeting Aspen City Council December 13, 1993 Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Resolution #91, Series of 1993, approving the 1994 budget as amended; seconded by Councilwom- an Waggaman. All in favor, motion carried. (Mayor Bennett left the meeting). RESOLUTION #92, SERIES OF 1993 - 1994 Mill Levy Rob Umbreit, budget director, told Council the mill for 1994 will be 5.401 which will raise $1,972,800. This is a 1.5 percent increase in revenue over 1993 due to change in assessments. Mayor Pro Tem Reno opened the public hearing. There were no comments. Mayor Pro Tem Reno closed the public hearing. Councilwoman Richards moved to adopt Resolution #92, Series of 1993, adopting the 1994 mill levy; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #63, SERIES OF 1993 - Appropriations Rob Umbreit, budget director, told Council this has been amended since first reading. Umbreit said he would like to add the city's share of Ruedi distribution to Ordinance #63. This will reduce the general fund revenue $51,000 and will increase the electric fund revenue the same. Other items are a transfer to the transporta tion fund from the parking improvement fund of $100,000; water fund expenses $29,000 to move the city shop water main; and water expenses to repair a series of water line breaks. Councilwoman Richards asked if staff has determined the causes of the water breaks. Bob Gish, public works director, said the water system is not going to fall apart. The breaks were unrelated. Mayor Pro Tem Reno opened the public hearing. There were no comments. Mayor Pro Tem Reno closed the public hearing. Councilman Paulson moved to adopt Ordinance #63, Series of 1993, as amended, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, yes; Mayor Pro Tem Reno, yes. Motion carried. ORDINANCE #65, SERIES OF 1993 - Kraut Subdivision Councilwoman Waggaman moved to read Ordinance #65, Series of 1993; seconded by Councilman Paulson. All in favor, motion carried. 6 Regular Meeting Aspen City Council December 13, 1993 ORDINANCE #65 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVI SION, GMQS EXEMPT ION AND VESTED RIGHTS STATUS FOR THE DEVELOPMENT OF 27 AFFORDABLE HOUSING UNITS ON KRAUT PROPERTY LOCATED ON THE SOUTHEAST CORNER OF EAST HYMAN AVENUE AND ORIGINAL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Councilwoman Richards stepped down due to a conflict of interest. Leslie Lamont, planning office, told Council this proposed development is 27 fully deed restricted studio and one-bedroom units. P & Z has reviewed this and recommends approval. Ms. Lamont said one issue that needs to be resolved is the size of the parking garage. P & Z approved a 55 car garage, 27 resident spaces and 28 public parking spaces, which is a one-level garage. There is the ability to go 2 levels below and also to the west to make a 146 space garage. There are two streetscapes proposed with this application. Streetscape A would extend the curb into the street, eliminate angle parking and replace it with parallel parking. This would provide more green space but would eliminate 8 parking spaces. P & Z has recommended streetscape B, which retains the angle parking with a more narrow buffer zone. P & Z felt it was important to retain as much public parking as possible. The Kraut property currently contains 50 private parking spaces. Another issue is the access to the parking garage. The proposal is to access the garage off east Hyman street in the front of the project. Staff and P & Z recommend this access; however, some neighbors have indicated they have problems with that access. Jim Curtis, representing the applicant, told Council the applicant would like to know how Council feels on the issue of the garage, streetscape and access to the garage. Curtis said the applicants would like to maintain a schedule to begin construction in the spring. Councilman Paulson encouraged the applicant to provide as much storage for the residents as possible. Curtis said if Council wants to have two-levels of parking, the property to the west should be incorporated as part of the proposal. Curtis said a 146 space parking garage would impact the livability of the units, would increase the activity going into and out of the garage, and would increase street traffic. Ms. Lamont reminded Council P & Z approved a 55 car garage. If Council were to want a larger garage, this would have to go back to P & Z as an amendment to the conditional use approval. P & Z does feel a larger garage would be beneficial in this area. Mayor Pro 7 Regular Meeting Aspen City Council December 13, 1993 Tem Reno said he thought at a previous work session Council decided there would be no new net parking. Curtis said the direction from the work session was to submit the largest parking garage possible to give Council the most flexibility. Councilwoman Waggaman said she likes the increased buffer with parallel parking but is concerned about the loss of 58 parking spaces. Councilman Paulson said he would like more greenbelt around the project rather than wall to wall development. Sara Garton, P & Z member, said the Commission felt this was city living. Ms. Lamont said Council and P & Z have scheduled a work session to discuss parking, downtown elements, streetscapes, etc. in general. This is January 11. Roger Hunt, P & Z member, said some Commission members felt the larger garage would be better including working with City Market and the lodge to the south. Tim Mooney, P & Z, encouraged Council to meet with the Commission before voting on this. Mooney said P & Z would like to know how Council feels about a parking garage in the east end of town as well as rezoning of the area to accommodate larger projects. Council agreed to schedule second reading of this January 24, 1994, after the work session. Councilwoman Waggaman moved to adopt Ordinance #65, Series of 1993, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Mayor Pro Tem Reno, yes. Motion carried. ORDINANCE #68, SERIES OF 1993 - AH Zone, Parking Text Amendment Councilman Paulson moved to read Ordinance #68, Series of 1993; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #68 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SECTION 24-5-206.2 TO ALLOW MUNICIPAL PARKING AS A CONDITIONAL USE IN THE AFFORDABLE HOUSING ZONE DISTRICT was read by the city clerk Leslie Lamont, planning office, told Council P & Z recommends this text amendment which would allow public parking as a conditional use in the AH zone. This would be a site specific development review. Councilwoman Waggaman moved to adopt Ordinance #68, Series of 1993; seconded by Councilman Paulson. Roll call vote; Councilmembers 8 Regular Meeting Aspen City Council December 13, 1993 Paulson, yes; Waggaman, yes; Mayor Pro Tem Reno, yes. Motion carried. 9 Regular Meeting Aspen City Council December 13, 1993 IGA PURCHASE DENVER RIO GRANDE RIGHT-OF-WAY Amy Margerum, city manager, presented a draft intergovernmental agreement between 8 valley governments to purchase the Rio Grande right-of-way. Ms. Margerum told Council the city's share would be 18 percent. Pitkin county's share would be about 45 percent. Ms. Margerum said if the total cost of the Rio Grande ROW is $10 million, this would be $1,142,500 annually and would be paid out of the 1/2 cent tax passed last November. Ms. Margerum pointed out the IGA is drafted that each entity gets one vote. This may be of concern to Aspen and Pitkin county who are paying a larger percentage. Ms. Margerum told Council the Roaring Fork Forum is meeting January 27 and will be looking for comments on this agreement. Councilman Paulson said he would like to make sure communities down valley are not able to dictate how Aspen handles the entrance to town. Council said staff comments are good and to continue on with the issues raised in the memo. ORDINANCE #66, SERIES OF 1993 - Water Service Agreement Aspen Country Day School Councilwoman Waggaman moved to read Ordinance #66, Series of 1993; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #66 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPE N, COLORADO, AUTHORIZING AND APPROVING AN AGREEMENT FOR THE EXTRATERRITORIAL EXTENSION AND DELIVERY OF MUNICIPAL WATER SERVICES TO THE ASPEN COUNTRY DAY SCHOOL AND MUSIC ASSOCIATES OF ASPEN ON THE MAA CAMPUS NEAR CASTLE CREEK was read by the city clerk Bob Gish, public works director, told Council the Aspen Country Day School is constructing a new building on their campus up Castle Creek. The city has a water service agreement with the MAA for this; however, staff feels this extension would require a separate water agreement. Gish said all the requirements of the city's water policy have been met. Gish said this has been approved by the County Commissioners, is appropriate within the AACP, and all water rights have been transferred to the city. The MAA has initial concerns about annexation but they are now in agreement. Councilwoman Richards moved to suspend the rules and continue the meeting until 9:20 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. 10 Regular Meeting Aspen City Council December 13, 1993 Councilwoman Richards moved to adopt Ordinance #66, Series of 1993, on first reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Waggaman, yes; Mayor Pro Tem Reno, yes. Motion carried. ORDINANCE #67, SERIES OF 1993 - 1994 Fees Councilwoman Richards moved to read Ordinance #67, Series of 1993; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #67 (Series of 1993) AN ORDINANCE AMENDIN G THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING SECTION 24-1-106, 24-1-107, 24-1-108, 24-6-603, 23-75, 2-34, 2-36, 2-37 AND 2-38(B) AND (D) TO INCREASE LAND USE APPLICATION FEES, HISTORIC PRESERVATION APPLICATION FEES, PARK DEVELOPMENT IMPACT FEES, ZONING DEPARTMENT PROCESSING AND ENFORCEMENT FEES, LEISURE AND RECREATIONAL SERVICES USER FEES, ANNUAL ALARM AND FALSE ALARM FEES; TO CODIFY USER FEES FOR THE WHEELER OPERA HOUSE AND TO ESTABLISH WATER SERVICE APPLICATION AND ENGINEERING REVIEW FEES was read by the city clerk John Worcester, city attorney, told Council this ordinance raises user fees the amount of inflation rather than have a major increase every 5 years. The engineering and water service fees have not been charged in the past. Worcester said staff is trying to get the fees into the code so that they can be reviewed periodically. Councilman Paulson moved to adopt Ordinance #67, Series of 1993, on first reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Mayor Pro Tem Reno, yes. Motion carried. Councilwoman Richards moved to adjourn at 9:20 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 11 Regular Meeting Aspen City Council December 13, 1993 SISTER CITY COMMITTEE PRESENTATION 1 ............................. CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT AGENDA 2 ................................ ................. LIQUOR LICENSE HEARING - Hunter Street Pub 3 ..................... ORDINANCE #50, SERIES OF 1993 - 835 W. Main Historic Landmark Designation 3 ................................ ............... RESOLUTION #91, SERIES OF 1993 - 1994 Budget 5 ................... RESOLUTION #92, SERIES OF 1993 - 1994 Mill Levy 6 ................ ORDINANCE #63, SERIES OF 1993 - Appropriations 6 ................. ORDINANCE #65, SERIES OF 1993 - Kraut Subdivision 6 .............. ORDINANCE #68, SERIES OF 1993 - AH Zone, Parking Text Amend- ment 8 ................................ ...................... IGA PURCHASE DENVER RIO GRANDE RIGHT-OF-WAY 9 .................... ORDINANCE #66, SERIES OF 1993 - Water Service Agreement Aspen Country Day School 9 ................................ ........ ORDINANCE #67, SERIES OF 1993 - 1994 Fees 10 ...................... 12