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HomeMy WebLinkAboutminutes.council.19940822Regular Meeting Aspen City Council August 22, 1994 Mayor Bennett called the meeting at 5:05 p.m.with Councilmembers Waggaman, Paulson, Richards and Reno present. Mayor Bennett presented a certificate of appreciation from the California Incident Management Team to the police department for their cooperation and support during the Glenwood Springs forest fire in July. CITIZEN COMMENTS 1. Jim Williams and Rebecca Limerick, KSPN news team, introduced themselves and said they will be covering the city on a regular basis. COUNCILMEMBER COMMENTS 1. Councilwoman Waggaman told Council the trolley group is moving forward, getting people to volunteer to renovate the trolleys, finding a location in which to do the restoration, and raising money. Amy Margerum, city manager, reminded Council the snow melter is going to be moved up to recycle circle. Once the trolley barn is located in the final design, the snow melter may have to be moved again. Councilwoman Waggaman said the trolley people are trying to work with the city so that needed uses can fit on that site. 2. Councilman Reno moved to add Ordinance #41, Series of 1994, Aspen Institute Bonds, to the consent calendar as VI(g); seconded by Councilwoman Richards. All in favor, motion carried. 3. Amy Margerum, city manager, requested Council scheduled a work session for August 29th at 5 p.m. for in town transit proposals and September 19th for the parks and recreation master plan. 4. Amy Margerum, city manager, told Council staff is working on signs for the downtown parking. The signs are expensive but staff feels they are worth the extra cost. Ms. Margerum said this needs to go out to bid in order to be in place by November 15th. There is $30,000 budgeted for these signs. Ms. Margerum said CCLC has $20,000 budgeted for downtown signs. CCLC has just started working on their project. Ms. Margerum requested Council approve transfer- ring the money from CCLC to the parking project and give the CCLC this amount for 1995. There will also be monies transferred from the streets department as well as any excess revenues from the parking garage. Ms. Margerum said this will be added to the next appropriations ordinance. 1 Regular Meeting Aspen City Council August 22, 1994 OUTSTANDING EMPLOYEE BONUS AWARDS Mayor Bennett and Council presented Debbie DuBord, planning office, and Barbara Umbreit, public relations office, with checks and plaques for outstanding performance. CONSENT AGENDA Councilwoman Richards moved to read Ordinances #42, 43 and 41, Series of 1994; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #42 (Series of 1994) AN ORDINANCE INCREASING THE EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE CITY OF ASPEN AND AUTHORIZING THE MAYOR TO SIGN A REVISED INTERGOVERNMENTAL AGREEMENT CONCERNING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE CITY OF ASPEN ORDINANCE #43 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SECTION 42-3-101 TO ALLOW ARCHITECTURAL PROJECTIONS TO EXTEND EIGHTEEN INCHES INTO REQUIRED YARDS AND TO AMEND THE DEFINITION OF ARCHITEC- TURAL PROJECTIONS ORDINANCE #41 (Series of 1994) AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF ASPEN, COLORADO, REVENUE BONDS (THE ASPEN INSTITUTE PROJECT) SERIES 1994, IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,000,000; MAKING DETERMINATIONS AS TO SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE PROJECT AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO was read by the city clerk Councilman Reno moved to adopt the consent calendar as amended; seconded by Councilwoman Waggaman. The consent calendar is: A . Minutes - July 25; August 8, 1994 2 Regular Meeting Aspen City Council August 22, 1994 B . Resolution #66, 1994 - IGA Pitk in County Clerk Consoli dated Election C . Ordinance #42, 1994 - E-911 Surcharge Increase D . Resolution #67, 1994 - Contract Award Baffling Water Department E . Ordinance #4 3, 1994 - Land Use Code Amendment - Architec tural Projections F . Resolution #68, 1994 - Easement and Property Acquisition G . Ordinance #41, 1994 - Aspen Institute Bonds All in favor, motion carried. ORDINANCE #36, SERIES OF 1994 - Parking Fee Structure Randy Ready, parking and transportation director, told Council this codifies the fees discussed earlier for the Rio Grande parking facility, the commercial core and residential permit program. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman questioned the cost of the business/delivery permit for $300 every 6 months. Ready said this works out to $2.30 per day, which is cheaper than any other alternative. Councilwoman Richards said she would like the hours of enforcement added. Councilwoman Waggaman asked about the date of November 1. Ready said this ordinance will only go into effect when there is an intercept lot. Councilwoman Waggaman said she would like this made clear in the ordinance. Councilwoman Richards moved to adopt Ordinance #36, Series of 1994, amending Section 3 on page 2, stating the hours which this will be enforced and Section 2 on page 2, additional language that this will not be implemented until the intercept lot is available; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Reno, yes; Richards, yes; Paulson, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #40, SERIES OF 1994 - City-owned Open Space Zoline Annexation Dave Bellack, assistant city attorney, told Council the only issue to come to Council's attention since first reading is the fiscal impacts on the police department. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman asked if the city has the money to cover the police costs. Tom Stephenson, police chief, told Council this will 3 Regular Meeting Aspen City Council August 22, 1994 be looked at as part of the 1995 budget. Stephenson said it is difficult to assess exactly what the impacts will be. This stretch of Highway 82 including Maroon Creek bridge has a lot of traffic accidents. Mayor Bennett said the city has discussed with the Commissioners in the past the idea of the city annexing the more urban areas east and west of town. One Commissioner said the city should annex enough area to make a difference in staff level between the city and county. Mayor Bennett asked if this is part of a larger vision. Councilwoman Waggaman said this annexation is to cover city-owned land. Councilwoman Richards said annexation is not at the top of Council's priority list and she is not prepared to add it to the list. Joy Caudill said she opposes this annexation because Maroon Creek has always been a good boundary between the city and the rural community. Ms. Caudill said she is not in favor of annexation. Ms. Caudill said she and her neighbor have their own water and sewer systems and do not need city services. Mayor Bennett said the city is not interested in annexing the Caudill's area which is very rural. Councilwoman Richards said she feels it is important to add city-owned property into the city boundaries. Councilwoman Richards pointed out there are people demanding and using city services that are not supporting the real estate or property taxes because they live right outside the city limits. Councilwoman Richards pointed out this is the entrance to Aspen, which should be in city control. Councilwoman Richards said she would be interest- ed in lowering the speed limit along here. Councilwoman Waggaman moved to adopt Ordinance #40, Series of 1994, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #35, SERIES OF 1994 - Zone District Overly Amy Amidon, planning office, went over the process from the Aspen Area Community Plan which was started in 1990. The intent of the historic preservation chapter was to insure the maintenance of character and compatibility with historic features. The AACP recommended several things related to charac ter; one of which was the creation of the neighborhood character guidelines to provide direction to promote design, integrate neighborhoods, improve community livability and reduce apparent masses. The AACP also recommended studying the R-6 zone to see if the FARs should be reduced. Ms. Amidon told Council in 1993-94, HPC won a grant from the state historical society to hire someone to write the neighborhood guidelines for Aspen. These deal with mass and scale, site 4 Regular Meeting Aspen City Council August 22, 1994 planning, building materials, driveways, garages. These guidelines were intended to be voluntary and to apply only to the historic townsite. HPC felt strongly these guidelines should be incorporat- ed into the city's code. Ms. Amidon said Aspen had been a town with small homes. Gradually the small homes are being lost and replaced by large structures which maximized on the site. The character of town is changing; open space of front and side yards is being lost. Ms. Amidon reminded Council May 15, 1994, HPC passed a resolution recommending Council adopt a temporary overlay of the city requiring any project which exceeds 70 percent of the allowable FAR to comply with the neighborhood character guidelines. Ms. Amidon said HPC and P & Z review 80 percent of the land use projects in the city and have a lot of experience. On June 6th, staff and HPC approached Council about this recommendation. Council requested P & Z and HPC hold public meetings. At a meeting held June 22, P & Z and HPC agreed there was a problem not being addressed in the current regulations and not supporting the goals of AACP. There was a public meeting June 30 at which the Boards recommended an immediate adoption of a temporary overlay for any development which exceeded 80 percent and voted in favor of an emergency action. The Board did not set up a moratorium. At a July 5 work session, Council decided not to take emergency measure but to adopt an ordinance through the public project, which is this ordinance. On July 19, P & Z and voted 5 to 2 to adopt the temporary overlay. Because this is a rezoning, their actions suspended the issuance of any building permits in conflict with the temporary overlay. Council first considered this ordinance at their July 25 meeting. At an August 1st work session, P & Z , HPC and Council discussed the merits and the problems of the overlay. Staff has suggested amendments to this ordinance. Leslie Lamont, planning office, reminded Council this overlay is for the entire city excluding the R-15B zone. This program is that everyone may build up to 80 percent of their allowable floor area; if they want to go beyond 80 percent, they fall into a special review category. Ms. Lamont recommended a sub-committee made up of HPC and P & Z members for this special review. This sub-committee will meet twice a month during the temporary overlay and will base their review on the neighborhood character guidelines. Ms. Lamont pointed out these guidelines are part of this ordinance and will be adopted if the ordinance is adopted. Ms. Lamont noted the ordinance contains an appeal process, which is consistent with the city's code. Ms. Lamont said new exemptions since first reading from full sub-committee are historic parcels and parcels in the overlay district do not go through full special 5 Regular Meeting Aspen City Council August 22, 1994 review process. A project over 80 percent will fall under the neighborhood character guidelines and will be reviewed by HPC. All commercial and lodge development is exempt but not residential projects in the lodge district. Anyone with life/safety issues is exempt, as are adding floor area that does not alter the exterior; any remodel that decreases floor area; new development that does not exceed 2,250 square feet and remodels that do not add 2 percent are also exempt. The current exemptions in the code also apply. Ms. Lamont told Council staff has also been compiling a list of changes they would like made to the land use code, like height calculations, slope density reductions. Staff has been setting dates for a design symposium, which will try and define the root of the problem. Ms. Lamont said staff wants to look at volume calculations, eliminating some exemptions, refine neighborhood character guidelines. P & Z does not believe the design review standards are strong enough and need to be reviewed. Councilman Reno asked if there is a written definition of "substan- tial change". Ms. Lamont said the code defines insubstantial and substantial review. Mayor Bennett opened the public hearing. Richard Klein, architect, spoke in favor of the overlay. Les Holst, HPC member, supported the overlay and special review. Mark Friedberg suggested where there is an existing architecture review committee, these lots be exempted. Willard Clapper opposed the ordinance and questioned the purpose of the ordinance. John Doremus said the residents have not been asked what they think of this new ordi nance. Mayor Bennett said this process is to hear from the neighbors. Drew Dahl, west end homeowner, said he does not feel there is an emergency here. This overlay will affect his inheri tance. Anne Austin, west end homeowner, told Council this will create a rift in price/value. People with large homes will be able to sell them for a huge amount of money. Ramona Markalunas opposes the ordinance; there is very little factual basis for this ordinance. Pat Massender, on behalf of Doug Allen, suggested an exemption for plans that have to be reviewed by a homeowners association. Marvin Jordan opposed the ordinance, said Council is getting the cart before the horse and may be exceeding the role of government. Robin Molny said he favors lowering height some, counting garages in FAR, reducing FAR; design control can be dangerous. Mac Cunningham said this is a grey area and can be dangerous; there have been a lot of changes since first reading. David Amory, Mountain View Drive, spoke in favor of the ordinance. 6 Regular Meeting Aspen City Council August 22, 1994 Alan Shaffer said Council is to take care of the health, safety and welfare of its citizens and perhaps should not have a hand in determining what 12 or 15 neighborhoods should look like. John McCormick said it is possible to create a quasi-governmental body to interpret architectural taste and create a good product. However, one thing that makes Aspen what is it is individuality. Bob Starodoj said the city needs to keep in mind that one cannot legislate good taste. Starodoj said everyone has a different opinion as to what a monster house it. Starodoj urged Council to consider the long term effects of what they are doing. Jim Markalunas said it is ironic that people who have kept small homes will be penalized and unable to compete in the market. Markalunas said adoption of this ordinance is a devaluation of property. Roland Fisher said he does not want to see another bureaucratic layer. There are things that are already not being enforced because of lack of staff. Jake Vickery said when the community group was working on the neighborhood guidelines, they toured neighborhoods to look at was is working and what is not working. The guidelines contain examples of what the committee considered good for neighborhoods. Penny Evans Carruth, Red Butte drive, said Council should not approve this as an emergency ordinance. Also Council should try an educational rather than dictatorial approach. Connie Harvey said she favors some guideline approach. Sven Allstrom, architect, said he feels the concept of design review is long overdue. This will have long term benefits for the community. Allstrom said Aspen is a unique place. Allstrom said individual owners make the most sensitive owners. Bob Blaich said the town is at a critical point and the time is right for design review and neighborhood guide- lines. Blaich said 6 or 7 months to study this issue is not asking too much. This will also give a review to all structures, not just those historically zoned. Blaich said all over American towns are trying to identify the type of communi ty they want and to insure those concepts are safeguarded. The first step of that process in Aspen was the development of the Aspen Area Community Plan. Mayor Bennett closed the public hearing. Mayor Bennett said one purpose for this action is the recognition of the deterioration of the character of neighborhoods, especially in the west end. Mayor Bennett said there is a threat to the architecture that makes Aspen a unique place. Mayor Bennett said any house that is reviewed by homeowners might be exempt. This review would reflect the local neighborhood. Mayor Bennett said these guidelines have to be objective, rather than design police. Mayor Bennett agreed with creating neighborhood caucuses and letting them have self-determination. Mayor Bennett said his goal 7 Regular Meeting Aspen City Council August 22, 1994 is simple changes so that another bureaucratic level is not needed. Councilwoman Waggaman said she feels this action is needed because people have been harmed by these new developments; people have not been considerate of their neighbors. Councilwoman Waggaman said if people can figure out how to have a house as large as the FAR allowable and fit all the criteria, there should be a review board to allow this. Councilwoman Waggaman said she feels a review board may increase flexibility. Councilwoman Waggaman said this is for scale and mass as it impacts the community. Councilwoman Waggaman said garages should not be included in the FAR or people will not build garages. Councilwoman Waggaman said she supports neighbor- hood reviews. Councilwoman Waggaman said she would be interested in anti-speculation laws. Councilwoman Waggaman said she would not favor adopting this by emergency ordinance. Councilwoman Richards said this issue has come forward because people feel the size of some homes are taking their quality of life. Councilwom an Richards said this interim overlay is not an emergency ordinance and has gone through P & Z and Council discussions. Councilwoman Richards said she would like to start spending staff time on the changes to the land use code rather than on this interim ordinance. Councilwoman Richards said she is willing to amend the ordinance that 85 percent, rather than 80 percent, of FAR would go through special review. Councilman Paulson agreed this ordinance should be passed and not as an emergency. Councilman Paulson pointed out this whole movement started with citizen committees. Councilman Paulson said he feels this is a pivotal point on where Aspen is heading for the next 25 years. Councilman Reno said he has not been able to determine of the 20 residential permits in the last year where there are problems. Councilman Reno said he has not heard an outcry from individual neighborhoods. Councilman Reno said this Council has always tried to build consensus within Council as well as within the community. Councilman Reno noted that 99 percent of the comments are about the R-6 zone and/or the west end, yet this overlay is for the entire city. Councilman Reno stated design review committee will not solve this problem. Councilman Reno said design review often results in mediocre architecture. Councilwoman Waggaman moved to suspend the rules and extend the meeting until 9:30 p.m. ; seconded by Councilwoman Richards. All in favor, motion carried. Mayor Bennett said he is concerned about architectural review of the entire town. Mayor Bennett suggested this ordinance be adopted 8 Regular Meeting Aspen City Council August 22, 1994 for the west end only and not act on the rest of town until after the design symposium. Councilwoman Waggaman said she would like the ordinance amended to reflect these guidelines are for scale and mass only. Councilwoman Waggaman also agreed to the 85 percent of FAR for design committee review. Councilwoman Richards said concentrating on R-6 or west end would encourage large developments in other sections of town. Council- woman Richards said she only wants staff to go through this once. All neighborhoods should come out with the same set of guidelines. Councilman Reno said this design review will cost applicants more money and will take more time. Councilwoman Richards moved to adopt Ordinance #35, Series of 1994, as amended including the language in the 4th whereas on page 4 and not view the outcome of the final ordinance to create any new review boards and amending the ratio that requires review to 85 percent of floor are ratio. Motion DIES for lack of a second. Councilman Paulson said he would prefer to stick with 80 percent. Councilwoman Richards said she feels 85 percent offers more flexibility and fairness. Councilwoman Richards moved to adopt Resolution #63, Series of 1994, and direct there is no more staff time spent on this issue; seconded by Councilman Reno. Councilman Reno said he would prefer to set up a mechanism to get neighborhoods involved; let the neighborhoods tell the city if there is a problem. The city can then generate a process to come up with solutions. Councilmembers Reno and Richards in favor; everyone else opposed. Motion NOT carried. Mayor Bennett moved to adopt Ordinance #35, Series of 1994, amending it to sunset in 90 days and to apply only to the west end with the intention that the city reassess the entire process both in terms of whether the question is FAR or design guidelines or both, and also which part of town it applies to at the design symposium, and that the review committee focus on detached garages, front porches, gable roofs, alignment with other houses, balco nies, roof overhangs; seconded by Councilwoman Waggaman. Councilwoman Richards said this would be inappropriately pushing development into neighborhoods other than the west end. Mayor Bennett said he has heard about a loss of community character in the west end and has not heard it about neighborhoods of the town. Councilman Paulson suggested tabling this ordinance until after the 9 Regular Meeting Aspen City Council August 22, 1994 symposium. Mayor Bennett said he would prefer to do that; however, there is a moratorium and no one will be able to apply for a building permit to do anything. Roll call vote; Councilmembers Paulson, no; Reno, no; Waggaman, no; Richards, no; Mayor Bennett, yes. Motion NOT carried. Councilwoman Richards moved to adopt Ordinance #35, Series of 1994, including the entire town at 85 percent FAR with language added to the whereas clauses that the outcome of the final ordinance will not be the creation of a new design review board; the special review will use the character guidelines strictly as a scale and massing review criteria but not an architectural element and features review; items relating directly to pedestrian orientation, not the subjective elements; seconded by Councilman Paulson. Councilwoman Waggaman moved to suspend the rules and extend the meeting to 10:15 p.m.; seconded by Mayor Bennett. All in favor, motion carried. Councilman Reno reiterated the city needs input from individual neighborhoods before they pass this type of ordinance. Councilman Reno said he would like to reconsider Resolution #63 with the proviso to direct staff to come back to Council with a method of contacting and polling each individual neighborhood to find out if there is a problem and what they would like to do. Councilwoman Waggaman suggested each neighborhood send a representative to the design symposium. Ms. Lamont said it is staff's intention to invite neighborhood representatives. The symposium should identify better what the problems are and how these can be solved. Roll call vote; Councilmembers Paulson, no; Waggaman, no; Reno, no; Richards, yes; Mayor Bennett, no. Motion carried. Councilman Reno moved to adopt Resolution #63, Series of 1994, and to direct staff to come back at the next Council meeting to devise a system where Council can quantify each individual neighborhood as to if there is a problem and if they would like to do something about it; seconded by Councilwoman Waggaman. Councilwoman Waggaman said she would like to hold the design symposium, see if consensus can be built, and go forward from there with a new direction for scale and mass. Councilwoman Richards suggested continuing this meeting while everyone has a chance to think over the different suggestions. Councilmembers Waggaman and Reno in favor; everyone else opposed. Motion NOT carried. 10 Regular Meeting Aspen City Council August 22, 1994 Mayor Bennett moved to continue Ordinance #35, 1994, to August 23, 1994, at 4 p.m.; seconded by Councilwoman Waggaman. All in favor, with the exception of Councilmembers Paulson and Reno. Motion carried. 11 Regular Meeting Aspen City Council August 22, 1994 ORDINANCE #38, SERIES OF 1994 - Snyder Property Purchase Dave Tolen, housing office, said staff has looked at different development plans for the Snyder property which would include both park and housing uses. Tolen said staff hopes to close on the property September 1st. Bill Efting, assistant city manager, pointed out the city does not have a written commitment from the Pitkin County Open Space Board. George Robinson, parks director, said the major concerns are to keep the water rights and to make sure the park does not encroach on the wetlands area. Robinson said the plan is to use the property 50 percent park and 50 percent housing. Robinson said staff has looked at basketball courts, picnic area. Robinson showed a conceptual drawing of the area including 8 to 10 parking spaces. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno moved to adopt Ordinance #38, Series of 1994, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Waggaman, yes; Richards, no; Paulson, yes; Reno, no; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to continue the meeting to August 23, 1994, at 4 p.m.; seconded by Mayor Bennett. All in favor, motion carried. Council left the meeting at 10:20 p.m. Kathryn S. Koch, Cit y Clerk 12 Regular Meeting Aspen City Council August 22, 1994 CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... OUTSTANDING EMPLOYEE BONUS AWARDS 2 .............................. CONSENT AGENDA 2 ................................ ................. ORDINANCE #36, SERIES OF 1994 - Parking Fee Structure 3 .......... ORDINANCE #40, SERIES OF 1994 - City-owned Open Space Zoline Annexation 3 ................................ ................ ORDINANCE #35, SERIES OF 1994 - Zone District Overly 4 ........... ORDINANCE #38, SERIES OF 1994 - Snyder Property Purchase 11 ....... 13