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Home My WebLink Aboutminutes.council.19941024Regular Meeting Aspen City Council October 24, 1994 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Waggaman and Richards present. OUTSTANDING EMPLOYEE BONUS AWARDS Amy Margerum, city manager, told Council the entire Ice Garden staff has been nominated for keeping the ice garden open during renovation, working long hours, shifting schedules, etc. Also nominated were Cris Caruso, City Engineer; Scott Maynard and Martin Mendoza, Parks Department; and Don Holbeck, water department. Council presented these employees with checks and certificates of achieve ment. PROCLAMATION - Energy Awareness Month Mayor Bennett and Council joined the Department of Energy, Governor Romer, the Town of Snowmass Village and Pitkin County in recogniz- ing October as "Energy Awareness Month". CITIZEN PARTICIPATION 1. Gideon Kaufman, representing lodge own ers in the LP zone, requested a work session to discuss concerns of small lodge owners. Leslie Lamont, planning office, told Council staff has been working with this group and has a menu of ideas. Council suggested this be presented at the December 5th brown bag lunch. Council requested this be noticed. 2. Tom Marshall objected to quotes of the police chief and sheriff stating they were opposed to the drug bust recently at the Valley-Hi. Marshall said he is aware there are drug problems in town. The town is trying to work on getting kids to stay clean and the chief is quoted in the paper as saying he does not agree with the drug bust. Tom Stephenson, police chief, said his comments addressed the tactics used by the DEA, using SWAT teams to enter 5 units simultaneously. Stephenson said he is not against drug enforcement and his department supported the DEA in working on this drug bust over the past months. Marshall suggested Council read the article in the newspaper. Councilwoman Waggaman said this Council in no way favors drugs. COUNCILMEMBER COMMENTS 1. Amy Margerum, city manager, told Council all valley communi- ties have worked out a consensus on the Denver Rio Grande right-of- way and how the intergovernmental agreement should be structured. This will be on the next Council agenda. 2. Amy Margerum, city manager, reminded Council the Liquor 1 Regular Meeting Aspen City Council October 24, 1994 License Authority requested a work session. Council scheduled this for December 13 at 5 p.m. Ms. Margerum suggested for 1995 Council lay out an entire year's schedule of work sessions with Boards and Commissions. 3. Council also scheduled a work session for December 6 at 5 p.m. on Cozy Point ranch. December 5 will be a work session on the long range plans for the water department. CONSENT CALENDAR Mayor Bennett requested (b) December Council Meetings, be with- drawn. Councilwoman Waggaman moved to adopt the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: A . Minutes - October 11, 1994 B . Resolution #82, 1994 - Cemetery Lane Overlay Contract All in favor, motion carried. Councilwoman Richards moved not to have a Council meeting December 26, 1994; seconded by Councilman Paulson. Councilwoman Richards said if there is a large amount of work, a meeting could be scheduled December 19th. All in favor, motion carried. Councilwoman Richards moved to continue Ordinance #49, 1994, to November 28; to table Ordinance #54, 1994, to November 14; to continue Ordinance #48, to January 23, 1995; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #53, SERIES OF 1994 - Adoption of Uniform Building Code Gary Lyman, chief building official, presented a chart outlining the fee changes between the old code and this proposed code. Lyman pointed out most of the fee changes occur at the higher dollar value of construction, which is what the building permit fee is based on. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #53, Series of 1994, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Mayor Bennett, yes; Waggaman, yes. Motion carried. ORDINANCE #55, SERIES OF 1994 - Krabacher GMQS Exemption Kim Johnson, planning office, told Council this is a request for exemption from growth management for an affordable housing unit in 2 Regular Meeting Aspen City Council October 24, 1994 association with a commercial expansion on Main street. The affordable housing is proposed to be a category 2, three-bedroom, 1174 square foot unit. Category 2 limits the maximum household income to $35,900. Ms. Johnson said this project has gone to HPC and P & Z; both recommend approval. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman moved to adopt Ordinance #55, Series of 1994, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #56, SERIES OF 1994 - Land Use General Code Amendments Kim Johnson, planning office, told Council these are clean up amendments. Staff is working on more substantive issues for Council review at a later date. Ms. Johnson said regarding the issue of size of accessory dwelling units, it is purposeful to keep the units smaller and secondary in nature to the principle unit on the property. Councilwoman Richards said the Aspen Area Community plan recommended re-examining that philosophy and to have accessory dwelling units be larger for families rather than a maximum of 700 square feet. Councilwoman Richards suggested sending this issue to the Housing Board. Mayor Bennett said he feels 700 square feet is an appropriate size for an accessory dwelling unit. This will be discussed and brought back to Council. Councilwoman Richards brought up the new definition of "kitchen". ?? said the new definition seems like it will cause a lot of problems. Ms. Johnson said a kitchen, no matter what type of unit, should have minimum facilities. If it does not, it is not considered a kitchen, which relieves small lodges from being in violation of definition of kitchen. Mayor Bennett suggested leaving the definition and adding that it is not the intent of the clause to prohibit microwaves, coffee makers, etc. Councilwoman Richards suggested deleting this definition and getting more background and input on the issues of the definition of kitchen. Mayor Bennett asked about ditches. Ms. Johnson said this section encourages people to keep their ditches open. Bill Efting, assistant city manager, told Council the long range plan is looking at expanding the ditch system throughout town. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #56, Series of 1994, 3 Regular Meeting Aspen City Council October 24, 1994 on second reading deleting definition of kitchen to a later meeting, and clarifying the language on parking spaces; seconded by Councilwoman Waggaman. Roll call vote; Councilmem bers Paulson, yes; Richards, yes; Mayor Bennett, yes; Waggaman, yes. Motion carried. ORDINANCE #45, SERIES OF 1994 - Phillips/Gordon Lot Split Kim Johnson, planning office, told Council this lot split is located on 900 East Cooper block and is to divide a 12,000 square foot parcel into two 6,000 square feet parcels. Ms. Johnson said the criteria of the code have been met; there are some technical requirements to be added to the plat. Council asked about the spruce trees on site. Sunny Vann, representing the applicant, said all tree removals have to be reviewed by the parks department. There are standards for tree removals and for replacement. Vann said he has not reviewed the trees with the parks department. Vann said this is a smaller tree than reviewed at the last Council meeting and there are mitigations available. At present, there is no request to remove the tree. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #45, Series of 1994; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #60, SERIES OF 1994 - Valley-Hi Apartments Extension of Vested Rights Councilwoman Waggaman moved to read Ordinance #60, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #6 0 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A TWO YEAR EXTENSION OF VESTED RIGHTS APPROVED BY ORDINANCE 8, SERIES OF 1991, FOR THE SITE SPECIFIC DEVELOPMENT PLAN APPROVED FOR THE 1000 EAST HOPKINS PARCEL, THE VALLEY-HI APARTMENTS, LOTS A, H, I, K, & S, BLOCK 25 AND 26 PLUS THE REMAINDER OF VACATED CLEVELAND STREET, CITY OF ASPEN, COLORADO was read by the deputy city clerk Leslie Lamont, planning office, told Council the present vested rights for 1000 East Hopkins expire in 1995. The applicants are requesting a 2 year extension to June 15, 1997. Ms. Lamont 4 Regular Meeting Aspen City Council October 24, 1994 recommended denial of this extension primarily because there have been changes to the land use regulations, to the community goals and to visions of development in the community. Ms. Lamont said new development should come in line with these changes. Ms. Lamont told Council if the vested rights expire, the property can still be developed but that development has to come under the new code. The housing replacement ordinance would be more onerous on this property that their current proposal. Ms. Lamont said Council may approve this request, extend the vested rights for one year to 1996, or deny the request. Ms. Lamont said the applicants would like to take advantage of the public hearing process. Councilwoman Richards said if this were to be approved, she would like to condition the approval and would like to have the vesting rescinded if these conditions are not met. Rick Neiley, represent- ing the applicant, said this property is in better shape than it has been for years. The applicants spent twice anticipated on upgrading when the last vested rights extension was approved. Neiley said if Ordinance 1 (housing replacement) were applied to this, they would be required to replace 50 percent of the square footage and 50 percent of the bedrooms on site, 11 bedrooms and 3200 square feet on site. Neiley told Council under current approvals for Valley-Hi, they are replacing 8 bedrooms and 3000 square feet on site and payment in lieu for the bedrooms not replaced. Neiley said the intention of the litigation settlement was to approximate the anticipated housing replacement program. Councilwoman Richards moved to adopt Ordinance #60, Series of 1994, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to adjourn at 6:40 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 5 Regular Meeting Aspen City Council October 24, 1994 OUTSTANDING EMPLOYEE BONUS AWARDS 1 .............................. PROCLAMATION - Energy Awareness Month 1 .......................... CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 2 ................................ ......... CONSENT CALENDAR 2 ................................ ............... ORDINANCE #53, SERIES OF 1994 - Adoption of Uniform Building Code 3 ................................ ...................... ORDINANCE #55, SERIES OF 1994 - Krabacher GMQS Exemption 3 ....... ORDINANCE #56, SERIES OF 1994 - Land Use General Code Amend- ments 3 ................................ ..................... ORDINANCE #45, SERIES OF 1994 - Phillips/Gordon Lot Split 4 ...... ORDINANCE #60, SERIES OF 1994 - Valley-Hi Apartments Extension of Vested Rights 5 ................................ .......... 6