HomeMy WebLinkAboutminutes.council.19940124Regular Meeting Aspen City Council January 24, 1994
Mayor Bennett called the meeting to order at 5:10 p.m. with
Councilmembers Waggaman, Richards and Paulson present.
PROCLAMATION - Race To Erase MS Week
Mayor Bennett and Council declared the week of February 7 through
13 to be MS Awareness week. Mayor Bennett presented the proclama-
tion to Peter Helburn, director of the Race to Erase MS.
CITIZEN COMMENTS
There were no comments
COUNCILMEMBER COMMENTS
1. Amy Margerum, city manager, reminded Council of the Roaring
Fork Forum meeting in Aspen, Thursday, January 27 at 6 p.m. in the
Council Chambers.
2. Amy Margerum, city manager, requested Council sch edule an
executive session for March 7 at 5 p.m. to discuss the sale of
Castle Ridge. Ms. Margerum asked that Council schedule a work
session March 21 on parks, open space and trails.
CONSENT AGENDA
Councilwoman Richards moved to adopt the consent agenda; seconded
by Councilwoman Waggaman. The consent agenda is:
A . Minutes - January 10, 1994
B . Resolution #2, 1994 - Cap's Right of First Refusal
C . Resolution #4, 1994 - Assignment of Pearce Ground Lease
All in favor, motion carried.
ORDINANCE #68, SERIES OF 1993 - AH Zone District Text Amendment
Leslie Lamont, planning office, told Council this text amendment
would allow municipal parking in the affordable housing zone
district and defines this as a conditional use. Ms. Lamont
reminded Council that AH can be placed anywhere in the city and
municipal parking may not be appropriate for all sites. Condition-
al uses require public hearing.
Mayor Bennett opened the public hearing. There were no comments.
Mayor Bennett closed the public hearing.
Councilwoman Richards questioned changing the AH zone to allow
public surface parking. Ms. Lamont said this was inserted in case
applicants had the ability to provide more spaces than necessary.
Councilwoman Richards said she does not want to see land zoned AH
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Regular Meeting Aspen City Council January 24, 1994
used for surface parking. Council agreed to delete surface parking
as a use in this ordinance.
Councilwoman Richards moved to adopt Ordinance #68, Series of 1993,
on second reading as amended; seconded by Councilman Paulson. Roll
call vote; Councilmembers Waggaman, yes; Richards, yes; Paulson,
yes; Mayor Bennett, yes. Motion carried.
ORDINANCE #65, SERIES OF 1993 - Kraut Subdivision
Leslie Lamont, planning office, said this is a proposal for 27 deed
restricted housing units, including a below grade parking garage.
P & Z has reviewed the subdivision and the GMQS exemption for
affordable housing: they have approved special review for the
establish ment of open space, parking and height variance, and
approved a conditional use for a 55 car garage, 27 spaces for the
residents and 28 spaces to be leased or sold. Ms. Lamont said one
issue Council needs to resolve is the size of the parking garage,
whether it should be larger than the 55 spaces and whether it
should be two-levels. Another issue is the streetscape; the
applicant has proposed two alternatives on East Hyman. The
applicants propose to change the angle parking on east Hyman to
parallel parking and to pull the curb out into the street. This
would provide more green space and a greater width for the sidewalk
and vegetation; however, this would reduce parking by 7 or 8
spaces. P & Z recommends the angle parking be retained in order
not to lose any parking in this area. P & Z also feels narrowing
the streets is getting away from the traditional streetscapes of
wide vistas.
Another issue is garage access, which is designed off east Hyman; P
& Z recommends this access. There was citizen input in favor of
the access off the alley or off Original street. Ms. Lamont said
it has been staff's policy that when Council approve a GMQS exemp-
tion, the Council knows how many units of each category are being
provided and how this fits the need identified by the housing
office. Ms. Lamont said the applicant has not defined how many
units are in which category and whether these are sale or rental
units.
Jim Curtis, representing the applicant, presented a model of the
project. Curtis pointed out because of the mass of the project, it
has been separated into two buildings. Curtis told Council the
objective of the design team is to make the best housing project
possible. Curtis said the design team feels converting the parking
to parallel on Hyman Avenue would allow up to an additional 9 feet
which could be converted to green space and also would eliminate
the head lights going directly into the lower level units. Curtis
said this change to parallel parking would make the project more
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Regular Meeting Aspen City Council January 24, 1994
livable, is consistent with the community plan and encourages a
more friendly pedestrian experience. Curtis argued with a one or
two level garage there would be a net increase in parking even gong
to parallel parking on Hyman Avenue. Curtis said the design team
feels there is no obligation to replace the 50 parking spaces on
site.
Curtis said from design and parking efficiency, it helps to have an
entrance into the garage on one of the 4 corners of the property.
Curtis said the two corners on Original street were disregarded
because of possible congestion of Highway 82 and Original street.
Curtis said the Hyman access is preferable because (1) it is the
lowest topographical spot on the property and the ramp going into
the garage would be less steep and (2) the ease of the turning
movements off East Hyman. Curtis said the width of the alley is
only 20 feet; Hyman avenue is 24 feet plus the parking area.
Another reason is that access off the alley has a much greater
impact on the adjacent neighbors.
Curtis suggested Council approve this project as category 3 or
less. This will give the city some flexibility. Curtis told
Council the most likely place to have cost problems is with the
foundation work. It is easier to set unit prices after the bids
are let and the foundation work is done. Curtis encouraged a sales
project rather than a rental project.
Curtis said the two parking options are one level of 55 spaces or
two levels of 108 spaces. The two level garage would require some
modification of the building plans.
Mayor Bennett opened the public hearing.
Frank Peters urged Council to move this project forward. It will
be almost 3 years since the city purchased this property for $1.2
million dollars. Peters said this project has been derailed to
investigate the possibility of commercial space on part of this
property and the concept that this property would have been pivotal
to the development of the superblock. P & Z reviewed and feels it
does not makes sense to connect the property under the alley.
Peters said the land is increasing in value; however, the city will
never achieve any value unless this is turned into housing.
Sy Coleman said before the city can dispose of any public property,
like selling of the parking spaces, it should have a vote of the
public.
Mayor Bennett closed the public hearing.
Mayor Bennett said the design team should be commended for this
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Regular Meeting Aspen City Council January 24, 1994
project. Mayor Bennett said highlights of the design are private
entrances for each unit, the private patio or yard spaces for each
unit, the south facing central courtyard, the exposed exterior
walls, the varied roof line, the individual storage spaces.
Councilwoman Richards said she supports angle parking on Hyman
avenue until the city has adopted an overall streetscape plan.
Councilwoman Richards pointed out the alley will be out of use
during the construction of the superblock. The alley will be
needed for deliveries so the access should be on the street.
Councilwoman Richards agreed with not setting the price of these
units until as much construction as possible is done. Councilwoman
Richards said if the primary shift of this project has changed to
parking spaces, these spaces should repay the housing day care fund
for part of the land costs. Councilwoman Richards said she prefers
the 55 parking spaces for the Kraut property and to break ground
this July.
Councilman Paulson said he would prefer parallel parking to avoid
the headlight in windows problem. Councilman Paulson said he feels
parallel parking is consistent with the downtown plan of eliminat-
ing or not emphasizing the cars. Councilman Paulson said he
supports a single level car garage, as a second level of parking is
not consistent with the downtown plan. Councilman Paulson said he
prefers the access off of Hyman street. Councilman Paulson said he
would like to go forward with this and not link it with the
superblock.
Councilwoman Waggaman said she favors parallel parking, category 3
or below units, and one level of parking. Councilwoman Waggaman
said the process with that of the superblock may come together down
the line. Mayor Bennett agreed with a 55 space parking lot, with
angle parking, access off Hyman and category 3 or less units.
Mayor Bennett said he supports the applicant's recommendation for
sales rather than rental units.
Councilwoman Richards moved to adopt Ordinance #65, Series of 1993,
on second reading, with the direction that parking be angle, the
access to the parking garage be off Hyman, the price of the units
be category 3 and below, and the project have a 55 car one-level
parking garage; seconded by Councilwoman Waggaman. Roll call vote;
Councilmembers Waggaman, yes; Paulson, yes; Richards, yes; Mayor
Bennett, yes. Motion carried.
Councilwoman Waggaman suggested when the superblock is done, there
may be a committee to select areas where parking can be removed
Mayor Bennett said the Community Plan talks about Galena and Hunter
streets and the neighborhood residential areas and the parking.
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Regular Meeting Aspen City Council January 24, 1994
Councilwoman Waggaman moved to table Ordinance #66, Series of 1994,
to February 14; seconded by Councilman Paulson. All in favor,
motion carried.
HOUSING DAY CARE FUND LOAN TO SNYDER PROPERTY AH PROPOSAL
Dave Mylar, housing board, told Council the housing office is
always trying to leverage public resources and also to give the
private sector a more significant role in producing affordable
housing. Mylar said the housing office has been approached by
private individuals about a seed money loan to assist in buying the
property and getting through the planning process.
Tom Baker, housing director, noted there are some threshold issues
Council needs to address. One is with a request for a loan,
Council would be in the position of being the lender as well as the
final approval agency for the project. Baker said another issue is
fairness or whether request for proposal should be evaluated once
or twice a year. Baker questioned whether this was a necessary or
appropriate incentive. Baker said there are a number of affordable
housing projects in the works. Baker said staff does not feel the
AH zone needs to be amended except for reducing the water tap fee.
The issue of loans from the housing/day care fund is separate from
the AH zone. Baker said Council should discuss the concept of a
joint venture and what they feel comfortable with.
Mayor Bennett said leveraging public resources is a good idea;
however, these resources also must be protected. Councilwoman
Waggaman said the city would have to be able to offer to loan money
to every developer. Councilwoman Richards asked if there is
another way to define city participation than a $1.5 million loan.
Councilwoman Richards asked if there would be a difference in the
interest rates and would it help if the city bought down the
interest. Councilwoman Richards said criteria could be set up to
evaluate whether proposals are sound for city investments.
Councilwoman Richards said she would prefer to look at incentives
in the AH zone before tying up city funds.
Frank Peters said this application for public funds raises a lot of
questions. One objection might be public money being used for
private gain. Peters suggested the city might guarantee sales of
the units. Tom Stephens told Council he has been involved in
several AH projects and their largest problem is financing,
especially upfront. Stephens said the AH zone as currently written
works and projects are being built. Amy Margerum, city manager,
noted the reason AH projects work is that there is a free market
component and a profit to be made for the developer. Ms. Margerum
said a consideration is whether the Council wants to use public
funds to assist someone in making a profit.
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Regular Meeting Aspen City Council January 24, 1994
Councilwoman Richards said it may be of more value for the city to
guarantee the loan rather than to make the loan. Councilwoman
Richards said she feels if there is a public investment of money,
the public should share in the profit; this might be more units or
lower price on the units. Councilwoman Richards said participating
in free market lots with public funds concerns her.
Mayor Bennett said Council is good at separating public policy
issues from the dollar concern. Mayor Bennett said if this were to
happen, the city investment has to be protected. Mayor Bennett
said he does not know if lending money is a necessary incentive.
Mayor Bennett said he does not have a problem with the private
sector making a profit as long as the public sector also makes its
profit. Mayor Bennett said his goal is to stop the erosion of long
time locals down valley and it would all right if the city's
partner were to make a profit. Council decided to discuss this
further at 12:45 p.m. Monday, January 31st after the brown bag
lunch.
RESOLUTION #3, SERIES OF 1994 - Allocation 1993 Commercial Quota in
Office Zone
Leslie Lamont, planning office, told Council this resolution
allocates commercial square footage to two projects; Cap's
redevelopment and Stapleton insurance company. There were only two
applications for commercial square footage; Cap's at 810 square
feet and Stapleton for 2423 square feet. P & Z reviewed both
applications and found they exceeded the threshold for GMP scoring.
Councilwoman Richards moved to adopt Resolution #3, Series of 1994;
seconded by Councilman Paulson. All in favor, motion carried.
ORDINANCE #2, SERIES OF 1994 - Cap's Commercial GMQS Exemption and
Vested Rights
Councilwoman Waggaman moved to read Ordinance #2, Series of 1994;
seconded by Councilwoman Richards. All in favor, motion carried.
ORDINANCE #2
(Series of 1994)
AN ORDINANCE OF THE CITY OF ASPEN, GRANTING GMQS EXEMP-
TION FOR THE CONSTRUCTION OF TWO AFFORDABLE HOUSING
UNITS FOR THE CAP'S AUTO COMMERCIAL GMQS PROJECT AND
GRANTING VESTED RIGHTS FOR A PERIOD OF THREE YEARS FOR
THE DEVELOPMENT LOCATED AT 210 N. MILL STREET (A METES
AND BOUNDS PARCEL IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE
84 WEST OF THE 6TH P.M.) was read by the city clerk
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Regular Meeting Aspen City Council January 24, 1994
Mary Lackner, planning office, told Council the applicants are
proposing a redevelopment of the Cap's structure. The GMQS
allocation is for an additional 810 square feet over the current
development. The new proposed development is a new bank, office
space and 2 affordable housing units. Ms. Lackner told Council
P & Z scored the project; they granted special review that 3
parking spaces could be provided by cash-in-lieu.
Councilwoman Richards moved to adopt Ordinance #2, Series of 1994,
on first reading; seconded by Councilwoman Waggaman. Roll call
vote; Councilmembers Paulson, yes; Richards, yes; Waggaman, yes;
Mayor Bennett, yes. Motion carried.
ORDINANCE #3, SERIES OF 1994 - Stapleton Commercial GMQS Exemption
and Vested Rights
Councilwoman Richards moved to read Ordinance #3, Series of 1994;
seconded by Councilman Paulson. All in favor, motion carried.
ORDINA NCE #3
(Series of 1994)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, GRANTING A GMQS EXEMPTION FOR THE DEVELOPMENT
OF AFFORDABLE HOUSING AND VESTED RIGHTS STATUS FOR THE
STAPLETON OFFICE BUILDING, 702 WEST MAIN STREET, EAST 10
FEET OF LOTS R AND ALL OF LOT S, BLOCK 18 ASPEN TOWN-
SITE, ASPEN, COLORADO was read by the city clerk
Leslie Lamont, planning office, told Council the applicants have
proposed 2 employee units on site; 1 category 2 one bedroom, and 1
category 3 three bedroom. This ordinance approve an exemption from
GMQS for these 2 units with the condition the three bedroom unit be
increased in size to 1200 square feet; P & Z also approved vested
rights. P & Z recom mends approval. Dave Tolen, housing office,
told Council the housing board adopted some priorities for
mitigation units, which are family sales units, entry level sales
units and rental units in categories 1 and 2. Tolen said the
category 3 three-bedroom unit does not meet the priorities of the
housing office. Tolen suggested if the unit is not rented to
employees of Stapleton, that it revert to category 2.
Gideon Kaufman, representing the applicant, said the Stapletons may
not be able to house just families in this 3 bedroom unit and need
the flexibility to be able to rent it to individuals. When there
are 3 people in the unit, they cannot make more than $36,000 total.
Tolen said the housing office will continue to work with the
applicant to try and resolve this before second reading.
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Regular Meeting Aspen City Council January 24, 1994
Councilwoman Waggaman moved to adopt Ordinance #3, Series of 1994,
on first reading; seconded by Councilwoman Richards. Roll call
vote; Councilmembers Richard, yes; Waggaman, yes; Paulson, yes;
Mayor Bennett, yes. Motion carried.
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Regular Meeting Aspen City Council January 24, 1994
ORDINANCE #1, SERIES OF 1994 - Snow Queen Lodge GMQS Exemption
Councilwoman Waggaman moved to read Ordinance #1, Series of 1994;
seconded by Councilwoman Richards. All in favor, motion carried.
ORDINANCE #1
(Series of 1994)
AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS
EXEMPTION FOR THE CONSTRUCTION OF AN AFFORDABLE HOUSING
UNIT AT THE SNOW QUEEN LODGE LOCATED AT 124 E. COOPER
AVENUE LOT 1 AND EAST HALF OF LOT P, BLOCK 69, CITY AND
TOWNSITE OF ASPEN) was read by the city clerk
Mary Lackner, planning office, told Council this is a request to
construct an 800 square feet manager's unit at the rear of the
existing building. This will be a category 3 deed restricted unit.
This is not mitigation for any project; it is voluntary.
Councilwoman Richards moved to adopt Ordinance #1, Series of 1994,
on first reading; seconded by Councilman Paulson. Roll call vote;
Councilmembers Waggaman, yes; Richards, yes; Paulson, yes; Mayor
Bennett, yes. Motion carried.
Councilwoman Richards moved to adjourn at 8:20 p.m.; seconded by
Councilman Paulson. All in favor, motion carried.
Kathryn S. Koch, City Clerk
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Regular Meeting Aspen City Council January 24, 1994
PROCLAMATION - Race To Erase MS Week 1
...........................
CITIZEN COMMENTS 1
................................ ...............
COUNCILMEMBER COMMENTS 1
................................ .........
CONSENT AGENDA 1
................................ .................
ORDINANCE #68, SERIES OF 1993 - AH Zone District Text Amend-
ment 1
................................ ......................
ORDINANCE #65, SERIES OF 1993 - Kraut Subdivision 2
..............
HOUSING DAY CARE FUND LOAN TO SNYDER PROPERTY AH PROPOSAL 5
......
RESOLUTION #3, SERIES OF 1994 - Allocation 1993 Commercial
Quota in Office Zone 6
................................ ......
ORDINANCE #2, SERIES OF 1994 - Cap's Commercial GMQS Exemption
and Vested Rights 6
................................ .........
ORDINANCE #3, SERIES OF 1994 - Stapleton Commercial GMQS
Exemption and Vested Rights 7
...............................
ORDINANCE #1, SERIES OF 1994 - Snow Queen Lodge GMQS Exemp tion 8
.
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