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HomeMy WebLinkAboutminutes.council.19950123ASPEN CITY COUNCIL REGULAR MEETING JANUARY 23, 1995 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Richards, Reno, Waggaman and Paulson present. CITIZEN PARTICIPATION 1. Brad Moore, representing Aspen Stage, requested Council consider an arts grant for their group. Moore said they presented their request during the arts funding requests and were somehow dropped from the list. Aspen Stage is a non- profit theatre group working throughout the Roaring Fork Valley. They have been in existence since 1984. Councilwoman Richards moved to add consideration of Aspen Stage funding request to the agenda as item VIII(d); seconded by Councilman Reno. All in favor, motion carried. 2. Don Lemos brought up the first reading of the ordinance to prohibit boot devices. Lemos said with the new parking regulations that just started two weeks ago, people will not resort to private lots because there are spaces on the streets. Lemos requested Council not act on the ordinance for awhile to see how the permit parking affects the problem. 3. Diane Moore thanked the city for their support and assistance with Winterskol, which was very successful. Darcy Campbell told Council the AT&T theatre in Wagner parked raised $3000 for ACES and the Historical Society. Anderson Ranch thanked the parks department for their help in making the snow sculpture happen. 4. David Guthrie told Council he is 100 percent in favor of paid parking. This has made Aspen a town instead of a parking lot. Guthrie asked Council to look at an east/west shuttle and to look at not enforcing paid parking on Saturdays. Mayor Bennett said Council has been discussing eliminating Saturday enforcement as well as some other improvements to the system. 5. Raymond Auger said he does not support paid parking and hopes Council will add it to the ballot in May. Auger said paid parking is accessible for those with money. Mayor Bennett said the transportation plan was not created to reward the rich or penalize the poor. The transportation plan, which incorporates a lot of things besides paid parking, was designed by citizens to give the streets back to the community and to create a pedestrian friendly small town atmosphere. Mayor Bennett said he is hearing 10 to 1 in favor of paid parking. Mayor Bennett pointed out the setting of the title of the question regarding paid parking will be on the February 13 agenda. COUNCILMEMBER COMMENTS 1 ASPEN CITY COUNCIL REGULAR MEETING JANUARY 23, 1995 1. Councilwoman Waggaman moved to add to the executive session real property acquisition; seconded by Councilwoman Richards. Mayor Bennett said he would like to add personnel matters. All in favor, motion carried. 2. Councilwoman Richards said on the temporary use ordinance, she would like language added for noticing the neighbors by second reading. 3. Councilmembers Richards and Waggaman will be attendi ng the Governor’s growth symposium in Denver. Also Colorado Association of Ski Towns is having a growth symposium in Grand Junction the first week of February. 4. Councilman Paulson said the Colorado Department of Transportation is having an open house and meeting on the entrance to Aspen at the Wheeler Opera House Wednesday February 8 from noon to 8 p.m. Mayor Bennett said he received a FAX from the CDOT with new language for the EIS. Mayor Bennett said CDOT wants comments on this. Stan Clauson, community development director, said the agreement with changes and comments is at the state attorney general’s office and he will bring it to the next meeting. 5. Amy Margerum, city manager, reminded Council they agreed to meet with the County Commissioners the first Tuesday of the month, if there is something to discuss. The tentative agenda for February 7 is the definition of “dependent” for the housing guidelines, the energy code, and the residential occupancy issues. Council said they felt these issues were resolved. Councilman Reno said he can see no reason to meet. Council requested staff to find out what would be on the agenda and cancel the meeting if nothing needs to be decided. 6. Amy Margerum, city manager, reminded Council at the last decision makers meeting on the Snowmass to Aspen transportation project, the 3 managers were directed to meet and come back with a budget for remaining 1994 funds and one time projects and 1995 on-going costs. Ms. Margerum said the managers are in the process of preparing this and want to schedule a meeting with the 3 Boards in February. Council suggested this could be a topic for February 7 if Snowmass Village is available. Ms. Margerum said she would report back with a date. 7. Amy Margerum, city manager, said the superblock project is being presented to P & Z on February 7 if anyone is interested in attending. 8. Amy Margerum said staff has prepared an RFP for financial audit and has received 7 proposals. Ms. Margerum said Council may have a representative sit on the committee interviewing these firms. Anyone interested should contact Steve Barwick, assistant city manager. 9. Amy Margerum told Council the city has received a petition and Council needs to call a meeting of the title board. 2 ASPEN CITY COUNCIL REGULAR MEETING JANUARY 23, 1995 Councilman Reno moved to set a meeting of the title board for February 13; seconded by Councilwoman Waggaman. All in favor, motion carried. John Worcester, city attorney, told Council the purpose of the Title Board is to set the title for the petition so that if a petition is circulated, it is a question that the voters will vote on. Citizens will have an opportunity to come before Council and make suggestions on this title. Worcester suggested February 8 be the deadline for any title suggestions. Councilwoman Richards moved to set the deadline for suggestions for ballot title for the title board 5 p.m. Wednesday February 8; seconded by Councilwoman Waggaman. All in favor, motion carried. CONSENT AGENDA Councilman Reno moved to read Ordinances #3, 5, 6 and 7; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #3 (Series of 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN AMENDMENT FOR THE ASPEN YOUTH CENTER SPECIALLY PLANNED AREA FINAL DEVELOPMENT PLAN, ASPEN, COLORADO ORDINANCE #5 (Series of 1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING SECTIONS 24-7-1202, 24-7-1204, 24-7-1205 Ns 24-7-12-6 AUTHORIZE OF THE ASPEN MUNICIPAL CODE TO THE PLANNING DIRECTOR TO REVIEW AND APPROVE TEMPORARY USES THAT ARE DEEMED TO BE INSUBSTANTIAL ORDINANCE #6 (Series of 1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 2-3 OF THE ASPEN MUNICIPAL CODE TO CONFORM THE “ASPEN OPEN MEETING LAW” WITH THE STATE “OPEN MEETING LAW” ORDINANCE #7 (Series of 1995) 3 ASPEN CITY COUNCIL REGULAR MEETING JANUARY 23, 1995 AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, TO REPEAL SECTION 15-5 OF THE ASPEN MUNICIPAL CODE RELATING TO THE APPOINTMENT AND DUTIES OF THE MUNICIPAL COURT were read by the City Clerk Councilwoman Richards moved to adopt the consent agenda; seconded by Councilwoman Waggaman. The consent calendar is: 1. Resolution #6, 1995 - Disposition of Securities 2. Resolution #4, 1995 - Appointment of Acting City Manager - Bill Efting 3. Ordinance #3, 1995 - Aspen Youth Center SPA Amendment 4. Ordinance #5, 1995 - Code Amendment - Temporary Uses 5. Ordinance #6, 1995 - Code Amendment Open Meeting Laws 6. Ordinance #7, 1995 - Code Amendment Municipal Court Clerk Roll call vote; Councilmembers Reno, yes; Waggaman, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. Councilwoman Waggaman moved to table Ordinances 58, 61, 66, Series of 1994 and to continue Ordinance #48, Series of 1994, to March 13; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #70, SERIES OF 1994 - 624 E. Hopkins Housing Mitigation & Vested Rights Kim Johnson, planning office, pointed out there have been revisions to the ordinance relating to the housing board’s recommendations. The applicants propose housing mitigation by purchasing a duplex in the mid-valley area. As a fall back, the housing board supports cash-in-lieu for 7.09 employees. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno asked if there is a way to check to see if this deal can be struck or the applicant is just going to pay cash in lieu. Mayor Bennett said the ordinance states the applicant should use all due diligence to purchase this housing. Bill Poss said they have not finished the deal. If they find another property, the applicants will have to return to Council. Councilman Reno said he would like a method of keeping track of the outcome of this mitigation. Poss said he will report back to staff. Kim Weil reminded Council the HPC approval expires in 3 months, which is why they cannot explore a lot of alternatives. John Worcester suggested before taking the option of paying cash-in-lieu, the applicants report back to Council. Councilman Reno said he would like to be assured that the applicants have done their utmost to make the property deal work out. 4 ASPEN CITY COUNCIL REGULAR MEETING JANUARY 23, 1995 Councilman Reno moved to adopt Ordinance #70, Series of 1994, adding to section 1 item #2 that the applicant shall provide a minimum of a proposed contract with evidence that the contract to purchase was rejected, demonstrating a good faith attempt, anything consisting an real offer in good faith was made to purchase the property and was rejected; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #2, SERIES OF 1995 - 939 E. Cooper Subdivision, Rezoning, GMQS Exemption Councilman Reno moved to read Ordinance #2, Series of 1995; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #2 (Series of 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION, MAP AMENDMENT, GMQS EXEMPTION AND VESTED RIGHTS STATUS FOR THE DEVELOPMENT OF 2 AFFORDABLE HOUSING UNITS AND 2 FREE MARKET UNITS ON LOT A, BLOCK 37 AND 75’ x 100’ OF VACATED CLEVELAND STREET, EAST ASPEN ADDITION TO THE CITY OF ASPEN, 939 EAST COOPER AVENUE (EAST COOPER COURT), ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Leslie Lamont, planning office, told Council the applicants are proposing to subdivide a parcel in the RMF zone, to create a second lot, and to rezone that lot to AH. The applicants propose to historically designate the parcel, to seek a GMQS exemption for the development of 3 units on the AH parcel, and to vest their rights. Ms. Lamont pointed out the parcel is 10,500 square feet, subdivided to two parcels the second one would be 4500 square feet. Minimum lot size in RMF is 6000 square feet. There is a historic residence on the front half of the parcel and a historic barn on the back half. The applicants propose to relocate the historic residence to the northeast corner, and to refurbish it and to relocate the barn to the southwest corner and refurbish it. The applicants propose a second free market dwelling unit on lot 1 and to build a second free market unit and resident occupied unit and to deed restrict the barn to category 3 or 4. The central courtyard will be maintained as open space for all residents of the two parcels. Ms. Lamont told Council by historically designating the entire property, the applicants are able to take advantage of incentives for historic landmarks, i.e. to build a second free market unit on the property. The AH incentives allow the applicants to provide another free market unit. The applicants are also providing two deed restricted units. 5 ASPEN CITY COUNCIL REGULAR MEETING JANUARY 23, 1995 Ms. Lamont said parking and open space are established by special review as are several dimensional requirements. The two free market units, the historic residence and RO unit will have two parking spaces each. The applicants propose one parking space for the barn in order to have a front yard and trash area. The HPC can vary sideyard setbacks and parking. Open space in a RMF project cannot be varied and 35 percent is required. The applicants are providing 35 percent. The applicants are requesting sideyard and front yard setback variances. HPC felt strongly that the car-oriented activity be on the periphery of the parcel, which is why there is a recommendation to relocate a conifer tree on site. Ms. lamont told Council some neighbors have participated in the process. The neighbors to the east request the 5 yard setback on that side be maintained. Ms. Lamont included a development analysis to show the development that would be allowed in RMF on 10,500 square feet. The FAR in RMF is 1 to 1. The applicants propose 6,909 square feet on parcels 1 and 2 including the bonus. HPC conceptually granted a 489 square foot bonus as part of the incentive program. Someone could build a 10,500 square foot apartment building on that lot right now. Ms. Lamont pointed out the Code states one has to have so much land area per unit for the parcel. Ms. Lamont said if this parcel remained zoned RMF and someone wanted to build an apartment building, they could build 5 two-bedroom units. If it were historically designated, there could be two detached free market dwelling units. This proposal is 5 dwelling units with a total of XX bedrooms. Ms. Lamont pointed out the HPC wants the barn to be maintained as is, without any additions. Councilwoman Waggaman said she is concerned about the setbacks and distances from the neighbors. The buildings on the east will cut off sun going to the Villager condominiums. Bob Langlely, applicant, said they have tried to accommodate everyone; however, they have had problems with the setbacks on the historic barn. The HPC wants them to maintain the orientation of the barn. Being able to turn the barn would alleviate some of the setback issues. Councilwoman Richards said she wants to have the 5 foot setbacks preserved and have the buildings 1 foot narrower. Councilwoman Richards said she likes the idea of housing produced by community members. This is similar to the city’s Juan street housing. Councilman Paulson agree the setbacks are very important. Councilman Paulson said he is concerned about the entrance to Aspen along Cooper Avenue. David Guthrie, represent John Humphrey adjacent property owner, said the zoning code tries to respond to the need for light and air. Guthrie said Humphrey would like to see the southeast corner of the relocated barn be cropped on a 45 degree angle to allow more light to get through. This project encroaches into the back yard set back which forces the new building into the light area. 6 ASPEN CITY COUNCIL REGULAR MEETING JANUARY 23, 1995 Langely said they will look at this request and if they can do it, they will. Langely said they tried to be as sensitive to the neighbors as they could. Councilwoman Waggaman said she would like to hear from HPC on why the barn cannot be angled on the site. Councilwoman Richards pointed out everyone on the project will benefit from more open space and air between the buildings. Councilwoman Richards said she will like to see the sideyard setback maintained and anything to reduce the size of the free market and RO units. Langlely said they are trying to create affordable housing and a community atmosphere. Langley said the free market units pay for the project. Langely said the free market houses are smaller than the units at Twin Ridge. Ms. Lamont said this is a unique project. The applicant has taken two very incentive-laden programs, the AH zone and historic preservation, and has combined them. Ms. Lamont told Council HPC worked on this parcel for years trying to get both the barn and the house preserved. The historic preservation program allows for variances for everything but open space and site coverage. Councilwoman Richards said she would have more comfort if one of the free market units were designated RO. Councilwoman Waggaman said she likes this better than a straight 1 to 1 FAR solid building. Councilwoman Waggaman said she likes the space in the middle of the project however is concerned about the impact on the neighbors. Councilwoman Waggaman asked if units d and e could be made into a duplex. Councilman Reno said he does not feel this project is appropriate for Cooper avenue in the way that it is designed. Everything has been pushed to the maximum. These units are very close to each other and to buildings on adjacent sites. Councilman Reno said he feels this project is too much for the site. Mayor Bennett said he likes the 5 smaller houses; however, he has difficulty with the fact that they are tightly packed together. Ms. Lamont summarized Council’s statements on the project; (1) the mix of the units - 3 free market, 1 RO and 1 deed restricted may not be enough, (2) reconsider realigning the barn so that it is perpendicular to the alley, (3) maintain the periphery setbacks, (4) 45 degree angle on the barn e to give more light and air, (5) investigate making d and e a duplex, (6) look at the technical aspects of the UBC in light and sizes of light wells, (7) a report from the parks department on relocating the tree. Councilwoman Richards moved to adopt Ordinance #2, Series of 1995; on first reading; seconded by Councilwoman Waggaman. Councilman Reno said he does not support this project as it is too much for the site. Councilwoman Waggaman suggested moving the barn behind the original house to keep the continuity. Marcia Goshurn said to move it would require twice as much construction. 7 ASPEN CITY COUNCIL REGULAR MEETING JANUARY 23, 1995 Roll call vote; Councilmembers Paulson, yes; Richards, yes; Waggaman, yes; Reno, no; Mayor Bennett, yes. Motion carried. ORDINANCE #9, SERIES OF 1995 - 939 E. Cooper Historic Designation Councilwoman Waggaman moved to read Ordinance #9, Series of 1995; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #9 (Series of 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 939 E. COOPER AVENUE, LOT A, BLOCK 37 AND 75’ x 100’ OF CLEVELAND STREET, EAST ASPEN ADDITION TO THE CITY OF ASPEN, AS “H”, HISTORIC LANDMARK PURSUANT TO SECTION 24-7-703 OF THE MUNICIPAL CODE was read by the city clerk Councilwoman Waggaman moved to adopt Ordinance #9, Series of 1995, on first readying; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Reno, yes; Paulson, yes; Mayor Bennett, yes. Motion carried RUEDI WATER SALES Dave Bellack, assistant city attorney, told Council the Bureau of Reclamation, which runs Ruedi, has decided on the terms for water sales out of Ruedi. The deadline by which people have to submit a letter of intent to purchase water is January 30th. Bellack said the benefit to the city is being able to release water from the reservoir in critical dry years and insulate the city’s water rights from senior calls on the Colorado. Bellack told Council staff looked at the maximum amount of water the city would need in a dry year and came up with 1,000 acre feet. Bellack told council once all the water in the reservoir is subscribed to, it is gone. Bellack said between U. S. Fish and Wildlife, Colorado Division of Wildlife, U. S. Department of Energy, can buy all the water in this round of sales. These agencies will use the water to increase flows in the Colorado River for endangered species. Other parties involved are the Colorado River Water Conservancy District, Basalt Water Conservancy District, municipalities on the Colorado river, like Silt and Rifle. These sales are only to in-state users who can identify a need. The Ski Company and Ruedi Water and Power Authority may be interested. Councilwoman Waggaman said RWAPA is interested in buying some to keep it in the reservoir. 8 ASPEN CITY COUNCIL REGULAR MEETING JANUARY 23, 1995 Phil Overeynder, water department director, said on the long range water plans, the city requires either dedication of water rights or payment-in-lieu of water right. Overeynder told Council based on current collections the payment-in-lieu is about $100,000 annually. This water would cost $27,000 annually so the payment-in- lieu is a good source of funding. Councilwoman Richards said the city is purchasing the water for protection and to protect minimum stream flows. Bellack told Council this water is only for use on the western slope. There is a portion of water in Ruedi that is not for sale in this round that is reserved for making released to keep the Frying Pan-Arkansas project being able to divert. Councilwoman Richards moved that staff be authorized to execute a letter to the Bureau of Reclamation indicating Aspen’s intent to contract for the purchase of 1,000 acre feet of water from Ruedi Reservoir for approximately $27,000; seconded by Councilman Paulson. All in favor, motion carried. REQUEST FOR FUNDS - Aspen Stage Councilwoman Richards said Aspen Stage is requesting $2500. This is their first request and she would be willing to fund half the request. Councilman Reno said Brad Moore indicated this was a one time request. Councilwoman Richards moved to grant Aspen Stage $1500 one time request from fund balance; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #8, SERIES OF 1995 - Regulating the use of Boot Devices Councilwoman Waggaman moved to read Ordinance #8, Series of 1995; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #8 (Series of 1995) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 13-74 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO REGULATE THE USE OF A BOOT OR OTHER DEVICE TO IMMOBILIZE VEHICLES OCCUPYING PRIVATELY OWNED OR OPERATED PARKING LOTS OR SPACES was read by the city clerk Councilwoman Richards said she does not want to start posting more and more signs. Councilwoman Waggaman said with paid parking, there might not be as much desperation for parking spaces in town. Councilman Paulson said Council should either do nothing or adopt a much stronger ordinance. Councilman Reno said he would like to know how many complaints the city receives about boots, how many are tourists and how many are locals. Councilman Reno said he would 9 ASPEN CITY COUNCIL REGULAR MEETING JANUARY 23, 1995 also like to know the number of complaints on towed cars versus complaints on booted cars. Councilwoman Waggaman said she would like to know how many parking lots are under boot control and how often cars are booted. Councilwoman Richards moved to continue this to February 27; seconded by Councilman Paulson. All in favor, with the exception of Councilmembers Waggaman and Reno. Motion carried. Councilwoman Reno moved to go into executive session to discuss litigation, property acquisition and personnel issues; seconded by Councilman Paulson. All in favor, motion carried. Council went into executive session at 8:25 p.m Councilwoman Richards moved to come out of executive session at 9:45 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Richards moved to adjourn at 9:45 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 10