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HomeMy WebLinkAboutminutes.council.19940613Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Reno, Richards and Paulson present. OUTSTANDING EMPLOYEE BONUS AWARD Mayor Bennett and Council presented Duchess McKay, police depart- ment, with an outstanding employee bonus award for her work in privatizing the animal shelter and in helping Pitkin County get their animal control department operational. CITIZEN COMMENTS 1. Sheryl Lemmon, Centennial, asked Council to have a crosswalk painted at the intersection of Gibson and South. Three streets come together and it is dangerous. Jack Reid, streets department, told Council this is on the work program for this summer. Sheryl Lemmon also said her family is very concerned about the proposed digging at the Williams Ranch project and the exposure to contaminated dirt. Mayor Bennett said Council has been told the proposed construction at Williams Ranch is entirely out of the contaminated soils area. Mayor Bennett said there will be more meetings on Williams Ranch and Ms. Lemmon can voice her concerns at these meetings. COUNCILMEMBER COMMENTS 1. Councilwoman Richards said there are applications available for a leadership program offered through Colorado Mountain College for their 7 counties. This is a regional program aimed at solving problems on regional levels. 2. Councilman Reno took the Board appointments off the consent calendar to make some changes. 3. Amy Margerum, city manager, told Council the school board and some citizen groups would like a work session to talk about the yellow brick school. Council scheduled this for July 18. 4. Amy Margerum, city manager, requested a work session on annexation. Ms. Margerum said this will be either July 5 or 6 and will report back to Council with the date. 5. Amy Margerum, city manager, requested the Maple Mayor's deed be taken off the consent calendar and put off until the next meeting. CONSENT CALENDAR Councilwoman Richards moved to read Ordinances #28, 29 and 30, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. Regular Meeting Aspen City Council June 13, 1994 ORDINANCE #28 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING SUBDIVISION EXEMPTION AND GMQS EXEMPTION APPROVAL FOR THE FELLMAN LOT SPLIT (LOTS A, B, C, D AND E, BLOCK 33, EAST ASPEN ADDITION) was read by the city clerk ORDINANCE #29 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN , COLORADO, AUTHORIZING THE CERTIFICATION OF DELINQUENT CHARGES FOR COLLECTION BY THE PITKIN COUNTY TREASURER IN THE SAME MANNER AUTHORIZED FOR COLLECTION OF OTHER TAXES was read by the city clerk ORDINANCE #30 (Series of 1994) AN ORDINANCE OF THE A SPEN CITY COUNCIL AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN, CHAPTER 22, TRAFFIC AND MOTOR VEHICLES, AND ESTABLISHING A RESIDENTIAL PERMIT PARKING (RPP) PROGRAM was read by the city clerk Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Paulson. Councilman Reno is abstaining because of a conflict of interest on Ordinance #28, Series of 1994, Fellman Lot Split. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. The consent calendar is: A . Minutes - May 23, 1994 B . Resolution #46, 1994 - Contract Award Main Street Sidewalk (Jr Engineering) C . Resolution #47, 1994 - Contract Awar d Storm Sewer Replacement D . Resolution #43, 1994 - Mayor's Deed - Candreia E . Permission for Aspen Valley Bank to Apply for Temporary Use Permit F . Resolution #40, 1994 - Request Certificate of FCC to Regulate Cable TV G . Resolution #41, 1994 - Lease to Theatre in the Park H . Ordinance #28, 1994 - Fellman Lot Split I . Ordinance #29, 1994 - C ollection of Delinquent City Charges J . Resolution #45, 1994 - Koch Raw Water Agreement K . Resolution # 50, 1994 - Snowmass Aspen Transportation 2 Regular Meeting Aspen City Council June 13, 1994 Budget Request L . Budget R equest Recreation Department Gymnastics M . Resolution #42, 1994 - Data Processing Sales Enterprise Fund N . Resolution #44, 1994 - Zoline Annexation O . Resolution #48, 1994 - Purchase of Fleet Vehicles P . Ordinance #30, 1994 - Residential Permit Parking BOARD APPOINTMENTS Councilman Reno moved to amend the slate of nominees to appoint Robert Blaich as P & Z regular, Marta Chaikovska, P & Z regular, and Steve Buettow, P & Z alternate; George Kelley reappointed to the Board of Appeals and Examiner; seconded by Councilwoman Richards. The appointments are: Jean Laulis, James Wolf - Clean Air Board Ron Erick son, David Schott - Board of Adjustment Pat Messender, Bill Murphy, Lawrence Orbe, Terry Allen and Peter Helburn - Liquor License Authority The city clerk's office is directed to advertise for 1 alternate member on the Clean Air Board, 1 member on Board of Adjustment. All in favor, motion carried. RFTA SUPPLEMENTAL APPROPRIATION Dan Blankenship, general manager RFTA, requested approval of RFTA resolution 94-1. Blankenship reminded Council formal approval of a supplemental appropriation is required whenever the actual finances are changed by 10 percent or $10,000. Blankenship said this resolution is necessary to accommodate federal grant revenues and expenditures to purchase 23 new buses; the implementation of Glenwood trolley service which started in May; 2 staff positions - an operations manager and security person; office equipment; senior van equipment; Rubey park expansion. Blankenship said greater down valley and Aspen to Snowmass service has necessitated these changes. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to approve RFTA resolution 94-1 supplemental budget appropriation; seconded by Councilman Paulson. Councilman Reno abstained because of the capital items on Rubey park. All in favor, motion carried. 3 Regular Meeting Aspen City Council June 13, 1994 ORDINANCE #26, SERIES OF 1994 - Assessment Roll, Cemetery Lane Improvement District Cindy Wilson, city manager's office, presented a memorandum from Schmeuser, Gordon, Meyer outlining the changes to assessments that Council approved at the last meeting. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #26, Series of 1994, as amended entering into the record the memorandum from Schmeuser, Gordon, Meyer, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #27, SERIES OF 1994 - Cemetery Lane Bonds Steve Barwick, finance director, pointed out the only change is the bond has been reduced to $470,000 to reflect changes made at the last meeting. The interest rates are 4.05 to 5.85. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #27, Series of 1994, on second reading as amended; seconded by Councilman Paulson. Roll call vote; Councilmembers Reno, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #20, SERIES OF 1994 - M.A.A. Vested Rights Extension Kim Johnson, planning office, told Council this is a request from the Music Associates of Aspen to extend for 5 years the vested rights for the two remaining items associated with the Meadows SPA; the 1500 square foot back stage expansion and the 100 square foot addition to the gift kiosk. Staff recommends the vested rights be extended for 3 years rather than 5 years. Ms. Johnson noted the major projects, Harris hall and the parking lot revision, have been accomplished. The landscaping will be complete by October. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards said she supports staff's recommendation for 3 years extension of vested rights because it is consistent with the length of time for the original vested rights. 4 Regular Meeting Aspen City Council June 13, 1994 Councilman Reno moved to adopt Ordinance #20, Series of 1994, on second reading with the vested rights being 3 years rather than 5; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #21, SERIES OF 1994 - Aspen Institute Meadows SPA Amendment Kim Johnson, planning office, told Council this development plan is being proposed by the Aspen Institute for the Paepcke seminar facility. This is a 2410 square foot expansion to accommodate a new facility. P & Z recommends approval with 4 conditions. Jim Cook, representing the applicant, presented a model of the proposed expansion. Cook told Council the remaining buildings will be rearranged to accommodate ADA bathrooms, up to code electric work and state of the art telecommunications for seminars. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked if there is any employee mitigation associated with this request. Ms. Johnson said during the initial review of this SPA, there was a growth management exemption to allow essential public facilities exempted from either competition and/or mitigation. Ms. Johnson said Council passed a code amendment to allow that non-profit organizations may be found to be exempt from growth management. The 1991 approval ordinance found the Institute and MAA fell into the exempt category for the level of development proposed. Councilwoman Richards said there seem to be a lot of exemptions from GMQS and growth is growth, and the city is trying to eliminate the number of exemptions. Mayor Bennett said this will not generate new visitors or new employees. Councilman Reno moved to adopt Ordinance #21, Series of 1994, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #22, SERIES OF 1994 - Savanah Extension of GMQS Allotment at the Meadows Kim Johnson, planning office, told Council this is a request by Savanah Limited Partnership to extend their GMQS allocation for the townhome lots, to exempt from expiration of the GMQS allocation of the 4 single family lots, and to extend vested rights for the townhome parcels. The applicant requests 6 month extension of the GMQS allotment, which is allowed by code; and the exemption for the 4 single family lots would be in perpetuity based on the public 5 Regular Meeting Aspen City Council June 13, 1994 improvements for those 4 lots. Ms. Johnson said there are 7 units proposed for lot 6 and 3 units on lot 5 for the tennis subdivision and the trustee townhomes. Lots 7, 8, 9 and 10 have been platted for the single family houses and the improvements have been accomplished. Ms. Johnson told Council Savanah has been working with the Institute through the last 2 construction seasons to provide staging for the lodge building and the underground parking and have delayed work on the trustee townhomes. Councilwoman Richards asked if lowering the FAR would affect the size of the 4 single family houses. Joe Wells, representing the applicant, told Council these units were approved at 4400 square foot maximum with a 500 square foot ADU. Wells said by extending the vesting, this FAR would be extended. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards said she is comfortable extending the vested rights on the single family lots for 6 months but not for perpetu- ity. Ms. Johnson read amendments into the ordinance into several whereases. Councilman Reno moved to adopt Ordinance #22, Series of 1994, as amended in the 4th, 5th, and 11th whereases as outlined by staff; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE 323, SERIES OF 1994 - Aspen Theatre in the Park Temporary Use Permit Kim Johnson, planning office, recommended approval of this temporary use permit; the tent is the same as it had been in past years. Ms. Johnson said this use through September 20th. Ms. Johnson reminded Council they wanted to know about storage of the tent in the winter. Pat Fallin, representing the applicant, told Council the tent contractor is looking into solution. In a good snow year the tent is usually covered with snow. The contractor has suggested using a darker visquine or placing plywood on top of the stored tent. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #23, Series of 1994, on second reading with the understanding there is a commitment to work to find solutions to cover the tent in the winter; seconded by Councilman Reno. Roll call vote; Councilmembers Reno, yes; 6 Regular Meeting Aspen City Council June 13, 1994 Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #24, SERIES OF 1994 - Composition of Clean Air Board John Worcester, city attorney, told Council the current composition of the CAB is 3 city members and 2 alternates. There has been difficulty getting members to fill the seats. The city and county have both agreed to change the composition to 3 members each. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno moved to adopt Ordinance #24, Series of 1994, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #25, SERIES OF 1994 - Smuggler Superfund Site Institution Controls Tom Dunlop, environmental health department, told Council the Smuggler Caucus has requested tabling this to June 27th. Dunlop told Council the County Commissioners passed the consent decree with institutional controls on June 7. Dunlop said there is some reluctance from the EPA to accept the final draft. Dottie Winagle, representing the Smuggler Caucus, said the implementation of this would be discriminatory because it has not been proven the city has a health hazard. Dunlop said people in this area have not been able to move dirt until these institutional controls are approved. There is some gamble and the caucus would like the city to wait before adopting this. Councilwoman Richards moved to table Ordinance #25, Series of 1994, to June 27; seconded by Councilman Reno. All in favor, motion carried. RESOLUTION #49, SERIES OF 1994 - Riff Raft Temporary Use Permit Mary Lackner, planning office, told Council this request is to store rafting vehicles at the top of Mill street on private property owned by Savanah Limited Partnership through the end of October. Ms. Lackner said this raft company has lost their storage in the city. Ms. Lackner said there are conditions of approval. One adjacent property owner requests this approval not be longer than one year to evaluate the use. Mayor Bennett opened the public hearing. Bruce Hansen, Aspen Mountain resident, said this area has been a 7 Regular Meeting Aspen City Council June 13, 1994 construction storage area for years. Hansen requested this use be monitored. Hansen said he would like to see Savanah's activity brought under control. There has been a lot of noise and disrup- tion. Mayor Bennett closed the public hearing. Mayor Bennett said there is a letter from the Fasching Haus stating they do not object to this application. There is also a letter from the ACRA in support. L. J. Erspamer, applicant, told Council he is the only rafting company from Aspen left. Councilwoman Richards said it is difficult to try and maintain local businesses and it is important to Aspen as a year-round business. Councilman Paulson cautioned the applicant to have consideration for the neighbors. Councilwoman Richards moved to adopt Resolution #49, Series of 1994; seconded by Councilman Reno. Councilman Paulson asked for some follow up with Savanah to see what their plans for the property are. Council agreed. All in favor, motion carried. PURCHASE 210 MIDLAND AVENUE (SNYDER PROPERTY) Dave Tolen, housing office, reminded Council they have seen this property proposed as affordable housing as a loan to a private developer several months ago. That deal lapsed and the owners contacted the city to see if they were interested. Staff negotiat- ed a contract subject to Council's approval. Tolen said the ponds on the property do constitute jurisdictional wetlands under the federal government. Development outside those wetlands would be legal. Tolen said he talked to the county open space board about some participation. The Board is interested in staying in the process. The parcel is about 3.2 acres and about 1/3 of it would be wetlands. Tolen said the preliminary plan is for 12 duplexes, 24 sale units, on the back of the site. There is also the option of letting this out to a private developer to do a free market, affordable housing unit mix. Tolen reminded Council there is neighborhood concern about density and upgrading of infrastructure. Tolen noted this project would allow work to be done on the infrastructure. Tolen said there is sufficient money in the housing/day care fund to make the initial down payment, which is $1.7 million. The remaining $1 million would be paid over 5 years. Tolen told Council the city has until June 30th to make a decision. Mayor Bennett said his first reaction is that 24 units is too dense. Council indicated they need more information. A site visit 8 Regular Meeting Aspen City Council June 13, 1994 was set up for 4:30 p.m. June 21st to meet at site. Councilman Paulson said this does not close the door to a private sector partnership. Councilwoman Richards moved to adjourn at 7:50 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 9 Regular Meeting Aspen City Council June 13, 1994 OUTSTANDING EMPLOYEE BONUS AWARD 1 ............................... CITIZEN COMMENTS 1 ................................ ............... CONSENT CALENDAR 1 ................................ ............... BOARD APPOINTMENTS 3 ................................ ............. RFTA SUPPLEMENTAL APPROPRIATION 3 ................................ ORDINANCE #26, SERIES OF 1994 - Assessment Roll, Cemetery Lane Improvement District 4 ................................ ...... ORDINANCE #27, SERIES OF 1994 - Cemetery Lane Bonds 4 ............ ORDINANCE #20, SERIES OF 1994 - M.A.A. Vested Rights Exten sion 4 . ORDINANCE #21, SERIES OF 1994 - Aspen Institute Meadows SPA Amendment 5 ................................ ................. ORDINANCE #22, SERIES OF 1994 - Savanah Extension of GMQS Allotment at the Meadows 5 ................................ .. ORDINANCE 323, SERIES OF 1994 - Aspen Theatre in the Park Temporary Use Permit 6 ................................ ...... ORDINANCE #24, SERIES OF 1994 - Composition of Clean Air Board 7 . ORDINANCE #25, SERIES OF 1994 - Smuggler Superfund Site Institution Controls 7 ................................ ...... RESOLUTION #49, SERIES OF 1994 - Riff Raft Temporary Use Permit 7 ................................ .................... PURCHASE 210 MIDLAND AVENUE (SNYDER PROPERTY) 8 .................. 10