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HomeMy WebLinkAboutminutes.council.19941128Aspen City Council Regular Meeting November 28, 1994 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Richards and Waggaman present. CITIZEN COMMENTS 1. Scott MacDonald told Council about 18 months ago he approached Council requesting an amendment to the city Code addressing conditional uses in historically designated structures in the office zone. MacDonald said he and his wife closed their restaurant on Main street about 2 years ago and selected to have a retail shop for children. MacDonald said the prepared to go through the change in use process even though restaurant is the highest use in the conditional uses. MacDonald said the conditional use list is antiquated and out of date. MacDonald reminded Council he brought this to their attention and that there is no mechanism to allow for flexibly of change in use in the office zone. Council directed staff address this issue. MacDonald said meetings to address this code amendment never occurred. Amy Margerum, city manager said she would look into this and report back to Council. COUNCILMEMBER COMMENTS 1. Amy Margerum, city manager, reminded Council there is a sunset provision on the “monster home” ordinance. Council indicated they wanted a work session to review floor area ratios and suggestions from the design community. Council scheduled this for January 10, 1995, at 2:30 p.m. 2. Amy Margerum, city manager, reminded Council there is a work session scheduled December 6 at 5 p.m. on Cozy Point on uses and processes for the ranch. 3. Amy Margerum, city manager, introduced Doug Smith the city’s new finance director. 4. Bill Efting, assistant city manager, told Council the city streets' crews are working in the early morning house. This has caused some disturbance to residents and guests. Efting said staff is experimenting with time schedules. CONSENT CALENDAR Councilwoman Richards moved to read Ordinances 66,67, 68, 69, and 71, Series of 1994; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #66 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING A MAP AMENDMENT FOR REZONING OF THE WILLIAMS RANCH PARCEL FROM THE COUNTY ZONING AF-1 TO THE CITY’S AH (AFFORDABLE HOUSING) ZONE DISTRICT FOR A PARCEL OF LAND LOCATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. ORDINANCE #67 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE NO. 13 (SERIES OF 1990) TO EXTEND THE EXPIRATION DATE OF THE AFFORDABLE HOUSING REAL ESTATE TRANSFER TAX FROM DECEMBER 31, 1994, TO DECEMBER 31, 2004; AND, TO AMEND THE ASPEN MUNICIPAL CODE BY THE ADDITION OR ARTICLE VI TO CHAPTER 21 TO CODIFY THE WHEELER OPERA HOUSE REAL ESTATE TRANSFER TAX ENACTED BY ORDINANCE NO. 20 (SERIES OF 1979) AND THE AFFORDABLE HOUSING REAL Aspen City Council Regular Meeting November 28, 1994 ESTATE TRANSFER TAX ENACTED BY ORDINANCE NO. 13 (SERIES OF 1990) AS AMENDED HEREIN ORDINANCE #68 (Series of 1994) 2 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING SECTION 24-12-106, 4-1-108, 24-5-603, 2-33, 2-34, 2-36, 2-37 AND 2-39(B) AND 2-39, 23-107, 23-25(a) 23-110, AND 7-141(k) TO INCREASE LAND USE APPLICATION FEES, PARK DEVELOPMENT IMPACT FEES, ZONING PROCESSING AND ENFORCEMENT FEES, ASPEN MUNICIPAL GOLF COURSE USER FEES, ASPEN ICE GARDEN USER FEES, MISCELLANEOUS LEISURE AND RECREATION DEPARTMENT USER FEES, USER FEES FOR THE WHEELER OPERA HOUSE, ANNUAL ALARM AND FALSE ALARM FEES, MISCELLANEOUS DOG LICENSING FEES, MISCELLANEOUS PARKING PERMIT FEES, WATER AND ELECTRIC DEPARTMENT DEPOSIT FOR SERVICE AND CONNECT AND DISCONNECT CHARGES AND BUILDING PERMIT FEES ORDINANCE #69, (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, TO PROVIDE FOR VARIATIONS IN SUBDIVISION DESIGN STANDARDS BY SPECIAL REVIEW SUBJECT TO NEW REVIEW CRITERIA ESTABLISHED IN SECTION 24-7-404.E ORDINANCE #71 (Series of 1994) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUE OF $36,219; APPROPRIATING GENERAL FUND EXPENDITURES OF $579,219; TRANSFERRING $68,405 FROM THE GENERAL FUND TO THE COZY POINT DEBT SERVICE FUND; TRANSFERRING $4,000 FROM THE GENERAL FUND TO THE WHEELER FUND; RECOGNIZING PARKS AND OPEN SPACE FUND REVENUE OF $201,561; APPROPRIATING PARKS AND OPEN SPACE FUND EXPENDITURES OF $201,562; APPROPRIATING WHEELER FUND EXPENDITURES OF $4,000; APPROPRIATING PARKING IMPROVEMENT FUND EXPENDITURES OF $5,511; TRANSFERRING $107,000 FROM THE PARKING IMPROVEMENT FUND TO THE PARKING/TRANSPORTATION FUND; APPROPRIATING COZY POINT DEBT SERVICE FUND EXPENDITURES OF $68,405; RECOGNIZING 1998 UNDERGROUNDING IMPROVEMENT DISTRICT REVENUES OF $45,000; RECOGNIZING 1994 IMPROVEMENT DISTRICT REVENUES OF $113,000;’ APPROPRIATING 1994 IMPROVEMENT DISTRICT EXPENDITURES OF $100,000 were read by the city clerk Councilwoman Richards moved to adopt the consent calendar; seconded by Councilman Paulson. The consent calendar is: 1. Ordinance #66, 1994 -- Williams Ranch Rezoning 2. Resolution #91, 1994 -- Finance Director Appointment 3. Resolution #87, 1994 -- Contract for Planning Doolittle Drive Housing 4. Ordinance #67, 1994 -- Real Estate Transfer Tax 5. Ordinance #68, 1994 -- Fee Increases Aspen City Council Regular Meeting November 28, 1994 6. Ordinance #69, 1994 -- Land Use Code Amendment, Subdivision Design Standards 7. Ordinance #71, 1994 -- Appropriations All in favor, motion carried. RESOLUTION #92, SERIES OF 1994 -- Katsuyama Cooperation & Exchange Agreement Mayor Bennett read the Resolution ratifying the cooperation and exchange agreement with Katsuyama agreement. Mayor Bennett said this agreement is the product of 4 or 5 years of meetings between Katsuyama and Aspen. For the past 4 years Katsuyama has co-sponsored the M.A.A. trip to Japan. Katsuyama has also sponsored the International Resort Conference. Councilwoman Waggaman moved to adopt Resolution #92, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #89, SERIES OF 1995 -- 1995 Budget & RESOLUTION #90, 1995 Mill Levy Rob Umbreit, budget director, told Council the total revenue budget for 1995 is $30.9 million, which is a 4.5 increase over the 1994 revenue budget. Umbreit said 32 percent of the revenues is sales tax. Umbreit noted this is the same revenue project as for 1994 because of . . . Property tax is about $2 million, only a 1 percent increase over 1994. Other taxes are 2.5 million consisting of RETTs. Utility fees make up $8.6 million of the total. The balance is all other revenues. Umbreit said debt and capital expenditures make up the total expenditures. Operating expenditure increased 4 percent up to $17.9 million; debt has increased from $6.8 to $7.5 million, which includes the Cozy Point note, Zoline revenue and expenses. Umbreit noted the labor budget for the city increased 6 percent over 1994; 2 police officers, some temporary employees, 2 water and 2.5 wheeler temporary employees have been added. Umbreit said some of these new employees will be totally offset by revenues. The general fund increased 3 percent to $9.7 million from $9.5 million in 1994. Umbreit told Council the general fund has been a positive cash balance with a fund balance for the last two years. Umbreit told Council the mill levy for 1995 is the same as 1994 at 5.401 mills. There was a small increase in the assessed valuation for 1995. Total property tax revenue is $1,995,000; $1.5 million is dedicated to fund capital expenses for the asset management plan. The mill levy cannot be raised without an election. Mayor Bennett opened the public hearing on the 1995 budget and mill levy. There were no comments. Councilwoman Richards thanked staff for their work in preparation of the budget. Mayor Bennett noted this is a tight budget and should be with the uncertainties of one airline and possible drop in revenues. Councilwoman Richards moved to continue Resolution #89 and 90 to December 12, 1994; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #62, 1994 -- Amending Model Traffic Code Dave Bellack, assistant city attorney, told Council this ordinance deals with multi-space parking meters. The Model Traffic Code considers only meters at each space. The ordinance also incorporates provisions for in-car meters, parking passes, and also contains a prohibition against car alarms that sound for more than 5 minutes or go off more than 3 times in an hour. This allows the police department to turn off the alarm or to tow the car away. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Aspen City Council Regular Meeting November 28, 1994 Councilwoman Richards moved to adopt Ordinance #62, Series of 1994, on second reading; seconded by Councilman Paulson. Roll Call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #49, SERIES OF 1994 -- 204 E. Durant GMQS Exemption & Vested Rights Mayor Bennett opened the public hearing. Councilwoman Richards moved to table Ordinance #49, Series of 1994, to December 12, 1994; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #61, SERIES OF 1994 -- William Ranch Annexation Mayor Bennett opened the public hearing. Councilwoman Waggaman moved to continue Ordinance #61, Series of 1994, to January 9, 1995; seconded by Councilwoman Richards. All in favor, motion carried. REQUEST TO VACATE PORTION OF ALLEY BLOCK 26 Councilwoman Richards moved to table this to December 12, 1994; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #65, SERIES OF 1994 -- 204 E. Durant PUD Overlay Councilwoman Richard moved to read Ordinance #65, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE # (Series of 1994) AN ORDINANCE OR THE CITY OF ASPEN GRANTING A PLANNING UNIT DEVELOPMENT OVERLAY AND A PLANNED UNIT DEVELOPMENT APPROVAL TO REDUCE THE WESTERN SIDE YARD TO ZERO IN ORDER TO SAVE A 65 FOOT HEALTHY SPRUCE TREE AS PART OF THE 204 EAST DURANT PROJECT WHICH IS LOCATED WITHIN BLOCK 77, LOTS K, L, M, N, AND O, CITY AND TOWNSITE OF ASPEN was read by the city clerk Mary Lackner, planning office, reminded Council they asked the applicant to look at a possible redesign of this project that is a multi-family housing replacement project. The applicant has used the PUD overlay in order to save the 65 foot spruce tree on the property. Sunny Vann, representing the applicant, said this is still 4 free market and 4 affordable housing units. In order to save the tree one of the affordable units had to be changed from a 1 bedroom to a studio unit. This project still exceeds the minimum requirements of the housing replacement program. The only variance requested is for a sideyard setback on the western boundary. Vann said he feels this is a better site plan. Vann said the sideyard setback has been reduced to 0 feet but the right-of-way on this side is very substantial. The applicant will be installing a sidewalk, street trees and curb and gutter. Mayor Bennett said he is happy to see the applicant addressed the concern of saving the large spruce tree. Councilwoman Waggaman said whenever a compromise is made, like to save the tree, it is taken out of the affordable housing unit rather than out of the free market part of the building. Vann said this square footage was not given to the free market portion of the project but was used to save the spruce tree. The loss of parking space seemed to make most sense for the affordable housing studio unit. The free market units require one space per bedroom. Doug Graybeal, architect, pointed out this unit will have 9 foot Aspen City Council Regular Meeting November 28, 1994 ceilings to make it roomier. Councilwoman Waggaman said she does not want affordable housing projects to end up uninhabitable. Vann pointed out they have put the smallest rent on the smallest unit. Councilwoman Richards moved to adopt Ordinance #65, Series of 1994, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #88, SERIES OF 1994 -- GMQS Allotment 624 E. Hopkins Kim Johnson, planning office, told Council there was only 1 project that competed for commercial square feet in the 1994 competition. 624 East Hopkins competed for 2700 square feet of commercial space. This resolution establishes that allocation. Councilwoman Richards moved to adopt Resolution #88, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #70, SERIES OF 1994 -- 624 E. Hopkins Housing Mitigation and Vested Rights Councilwoman Waggaman moved to read Ordinance #70, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #70 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE HOUSING MITIGATION PROPOSAL AND VESTED RIGHTS FOR A PERIOD OF THREE YEARS FOR THE 1994 COMMERCIAL GROWTH MANAGEMENT ALLOTMENT FOR THE 624 EAST HOPKINS PROJECT LOCATED ON LOT Q AND ONE-HALF OF LOT R, BLOCK 98, TOWNSITE OF ASPEN was ready by the city clerk Kim Johnson, planning office, told Council the applicant proposes commercial square footage in a building that has already been approved by HPC as a residential building. This is an infill structure with a total net leasable of 2700 square feet. Staff has calculated employee generation mitigation at 7.09 employees and the applicant has requested all cash mitigation calculated at the category 3 level. The housing office recommends an average of categories 2 and 3 to hit the mid-range. Ms. Johnson noted the preference is on-site housing; second, off-site housing and cash-in-lieu as third priority. Ms. Johnson recommended the applicants continue to explore housing options. Ms. Johnson told Council at P & Z the vote was split between approving cash-in-lieu and exploring other options. Bill Poss, applicant, told Council the original proposal was a free market townhome. Poss made a proposal to put his architecture offices on this site. This is a small project of 2700 net leasable; the lot would sustain 4500 square feet net leaseable. Poss said when the housing office averages categories, it adds $108,000 to the employee mitigation. The cost of employee mitigation has gone from $193,000 to $301,000. Poss said it is extremely difficult to make the economics work on a small project including the mitigation. Poss requested Council look at the categories as well as cash-in-lieu. Poss said category 3 fits his particular office and set of employees more appropriately. Poss asked that Council leave other options open for the employee mitigation. Because of the small size, some P & Z members agreed to not requiring the affordable housing oto be n-site. Poss told Council he looked at purchasing off-site units. Because of the financial condition right now, purchasing off-site units would cost 50 percent more; the cheapest unit was $475,000. Poss said this would cost over $100/square foot in mitigation before the project is even built. Aspen City Council Regular Meeting November 28, 1994 Councilwoman Richards noted Council’s policy and that of the Aspen Area Community Plan is that there should be dispersed housing. Kim Weil said an all-buy down situation would mean the applicant would have to buy 2 three bedroom units and a studio. Three bedroom units are probably $250,000; all the units would add up to almost $800,000, and they would only be able to recoup about $325,000. Weil said he feels cash-in-lieu is an appropriate option given the size and scale of the project. This project will not carry a lot of revenue. Councilwoman Richards said two small projects on Main street have included on- site housing. Councilwoman Richards asked if one unit could be incorporated in this structure. Poss said P & Z recommended not building the unit in this location. Poss pointed out there is not a lot of land left on which to build employee units. Poss said the cash will go farther with the housing authority than singly trying to provide 7 units. Councilwoman Waggaman said there is need for infill in this location. The design is less than the allowable square footage, is a good bend with the adjacent buildings, and is a good scale for the historical structures across the street. Councilwoman Waggaman said although she would like to see employee housing, she does not want to see a larger building in this location. Using this as an office rather than a free market unit would be a more alive structure. Council requested the applicant investigates all possibilities before second reading. Councilwoman Waggaman moved to adopt Ordinance #70, Series of 1994, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Paulson, yes; Mayor Bennett, yes. Motion carried RESOLUTION #86, SERIES OF 1994 -- Cozy Point Management Agreement John Worcester, city attorney, said the resolution authorizes the city manager to sign the short term management agreement. The agreement is for one year and “they” have the option of renewing this for an additional one year period. If the city decides it wants to sell the property after that initial period; the city can terminate the agreement with 30 days notice. The agreement provides the partners will provide all management services at the ranch; operations, maintenance and hiring of staff. The partners will be responsible for all programming at ranch but that they city retains the right to review the programs and the fee structure. Worcester said any capital improvements would require the city’s approval, even if the partners agree to pay for these improvements themselves. The property will only be used for open space, agricultural, equestrian and other community recreational purposes with the future potential for affordable housing. Worcester said the agreement states that all income from the operation of the ranch will first be used to defray normal operating expenses. From the remainder, the partners will be entitled to 15 percent management fee calculated as a percentage of gross income. Any moneys left after that will go into a capital reserve account. Worcester pointed out this provision is the same as that of the Red Brick management agreement. Tim McFlynn, Roaring Fork Partners, thanked Council and staff for the participation in and organization of the open house at the ranch last weekend. Councilwoman Richards moved to adopt Resolution #86, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Waggaman said she is still very concerned about this project and about the letter from the Commissioners stated they see only limited affordable housing on the ranch. Councilwoman Waggaman said the city has greater needs than operating an equestrian center. Mayor Bennett agreed the only WAY the community can afford Cozy Point is if it lives up to its promise to become a recreational use, for open space and for significant affordable housing. Councilwoman Richards said it is important to pursue county open space money, the CDOT reduction of the purchase price and any other funding possibilities. Councilwoman Richards said she feels this is a critical piece of property to buy and to save. Aspen City Council Regular Meeting November 28, 1994 Amy Margerum, city manager told Council staff has written letters to the county and to the Town of Snowmass Village to see if they are interested in participating financially in this purchase. Ms. Margerum said if this is to be done within the 90 day deadline, there should be a firm vote on this from the other governmental entities. Ms. Margerum said another request from the Roaring Fork Partners is for the city to fund some of the capital improvements on the Ranch. Connie Harvey told Council in order to open the horse facilities, certain repairs have to be made. There are also improvements that have to be done before winter. Ms. harvey pointed out the partnership has done work, has lent tools, the heaters had to be hooked up., the city has loaned vehicles to help with sand and gravel work, windows and doors had to be fixed, insulation installed in some of the buildings. Ms. harvey said new projects are to turn the existing office into a staff lounge, make a customer lounge in the barn, fixing up a tack room for the riding school program. Council objected to the improvements already being done before Council voted on these. Council agreed they were consulted on hooking up the gas line for $8300. Councilwoman Richards asked if these costs can be repaid from the operation of the equestrian center. McFlynn noted the management agreement states that if the operation of the ranch and the equestrian center revenue generating activities exceed expenses, it will create a capital reserve fund for the city to do capital improvements at Cozy Point. If some of these listed capital improvements are borne by the management company, they are a loan that has to be paid back before there is money to go into the capital reserve fund. Councilwoman Richards said this $50,000 if put into Cozy Point will not be going to another city program. It is also putting more money into the purchase of Cozy Point. Councilwoman Waggaman said not funding these improvements may defeat the purpose of an equestrian center and operating ranch. Councilwoman Richards said it is important that future expense incurred that are not coming directly from the management operations of the Ranch. Mayor Bennett noted the management agreement states that no work like this will be done without the city’s approval. McFlynn said this center was not a functioning equestrian center. McFlynn said it is important that this be an affordable recreational amenity to the valley. Councilwoman Richards said the city has a citizen committee that reviews every expenditure for capital improvements and make recommendations to Council. Councilwoman Richards suggested not putting any more money into this until the opening. Ms. Margerum pointed out staff recommended only the gas hook up be funded. Ms. Margerum said staff does not have the expertise to determine whether these improvements are necessary or not. Ms. Margerum said the building inspectors look for the safety issues. Ms. Margerum said staff may feel differently about these improvements if they know the improvement would pay off in the long term. Councilman Paulson said he does not want to see this agreement fall apart in the first 90 days and the city does have some responsibility to the property. Council agreed to have staff look at the improvements and repairs and to discuss this at the next regular meeting. Councilwoman Richards moved to release $8300 to pay for the gas hook up from fund balance; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Richards moved to adjourn at 7:55 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk