HomeMy WebLinkAboutminutes.council.19950313Aspen City Council Regular Meeting March 13, 1995
Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers
Reno, Richards, Waggaman and Paulson present.
CITIZEN PARTICIPATION
1. Jim Markalunas, representing the Aspen Grove Cemetery Association,
thanked the city and the streets departments for assistance in opening the road to
the cemetery in adverse conditions. Markalunas said he is in support of paid
parking program. Markalunas requested more bike racks for the summer.
Markalunas said he would like to see more enforcement of snow removal on the
sidewalks. Markalunas submitted an outline he prepared for the energy committee
on the pursuit of hydroelectric power.
COUNCILMEMBER COMMENTS
1. Councilman Reno moved to continue Ordinance #48, Series of 1994, 520
Walnut Historic Designation, to March 27; seconded by Councilwoman
Waggaman. All in favor, motion carried.
2. Councilwoman Richards moved to add the nominations to the overlay
committee to the agenda as VIII(c); seconded by Councilman Reno. All in favor,
motion carried.
3. Mayor Bennett brought up the conditions of the streets and the many
potholes. Mayor Bennett requested a summary from staff of what is being done to
fix the potholes.
4. Acting City Manager Bill Efting told Council the tentative agenda for the
monthly study session with the County Commissioners is water capacity and
affordable housing. This meeting is April 4th at 5 p.m.
5. Acting City Manager Bill Efting said the parks open space master plan
received unanimous approval from P & Z. Efting said Council can schedule a
work session, or if they prefer, schedule it on a regular agenda. Council said
depending on the size of the agenda, they would rather have it on a regular agenda.
6. Acting City Manager Bill Efting told Council the closest place for hot mi x
to fix the potholes is in Grand Junction. The mix is cold before it gets to Aspen.
Staff is requesting help from other departments to provide extra people to fight the
potholes. Efting said he may come back and request money for more manpower.
7. Acting City Manager Bill Efting said the enforcement of snow removal on
the sidewalks has been by complaint basis. The staff will be issuing warnings this
week.
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Aspen City Council Regular Meeting March 13, 1995
CONSENT CALENDAR
Councilwoman Richards moved to read Ordinances 15, 16, and 17, Series of 1995;
seconded by Councilman Paulson. All in favor, motion carried.
ORDINANCE #15
(Series of 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX
MONTH EXTENSION OF THE 1992 LODGE GMQS ALLOTMENT
GRANTED BY ORDINANCE 3, SERIES OF 1993, AND A VESTED RIGHTS
EXTENSION FOR THE BELL MOUNTAIN LODGE REDEVELOPMENT,
720 EAST COOPER AVENUE, ASPEN, COLORADO
ORDINANCE #16
(Series of 1995)
AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO,
GRANTING SUBDIVISION EXEMPTION AND GMQS EXEMPTION
APPROVAL FOR THE CARISCH LOT SPLIT (LOTS A, B, C, AND D,
BLOCK 27, CITY AND TOWNSITE OF ASPEN)
ORDINANCE #17
(Series of 1995)
AN ORDINANCE ADOPTING THE 1995 AFFORDABLE HOUSING
GUIDELINES AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY
Councilwoman Waggaman moved to adopt the consent calendar; seconded by
Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Reno, yes;
Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried.
RFTA SUPPLEMENTAL BUDGET REQUEST
Dan Blankenship, RFTA general manager, told Council the RFTA board
approved this request in February. The request is to purchase a down valley
maintenance facility, related equipment, 5 used buses and the equipment to
refurbish them and to carry over two capital projects to 1995. The total of the
request is $210,023.
Mayor Bennett opened the public hearing.
Si Coleman asked if this would affect RFTA operations. Blankenship said it will
not.
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Aspen City Council Regular Meeting March 13, 1995
Mayor Bennett closed the public hearing.
Councilwoman Richard moved to approve RFTA supplemental budget request as
outlined in Resolution 95-1; seconded by Councilman Paulson. All in favor,
motion carried.
ORDINANCE #10, SERIES OF 1995 - Savanah/Meadows GMQS
Vested Rights Extension
Leslie Lamont, planning office, told Council Savanah Limited Partnership requests
a 6 month extension to the GMQS allocation for the 10 multi-family units. These
units were approved in the 1990 GMP competition within the 1991 Aspen
Meadows SPA final development plan. Ms. Lamont said this extension request
would expire in June 1995. The building permits would issue before that and
construction could occur this summer. Ms. Lamont said there was some work
with the applicant on the drainage easement and the designs of the retaining walls
for the trustee townhomes. Ms. Lamont said these should be resolved in the next
month.
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilman Reno moved to adopt Ordinance #10, Series of 1995, on second
reading; seconded by Councilwoman Richards.
Mayor Bennett said he hopes there is not a request for another extension in 6
months. Joe Wells, representing the applicant, said two reasons for another
request would be to try and get on a fall construction schedule so as not to conflict
with summer programs or to split this into two different projects. Councilwoman
Waggaman asked about the pedestrian trail. Ms. Lamont said the city is not
pursuing a different alignment for the trail; however, staff is making sure new
construction will not impact the current alignment.
Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Reno, yes;
Richards, yes; Mayor Bennett, yes. Motion carried.
ORDINANCE #13, SERIES OF 1995 - Valley Hi Vested Rights
Extension
Leslie Lamont, planning office, told Council this is a request to extend the vested
rights 5 more months from June 15 to November 15, 1995. Ms. Lamont said the
property is under contract and the purchaser has requested these 5 months to get
constructions drawings and to get into the review process. Ms. Lamont noted the
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Aspen City Council Regular Meeting March 13, 1995
ordinance has been amended to state “Redevelopment of 1000 East Hopkins
Avenue shall proceed according to the development timeline submitted and
approved as part of the extension of vested rights application (exhibit B).
Mayor Bennett opened the public hearing.
David Guthrie said the purchaser is a local resident who is trying to do the right
thing and he should be given this chance.
Mayor Bennett closed the public hearing.
Councilwoman Richards asked if the residents had been contacted. Ms. Lamont
said she talked to the representatives of the neighbors, who are aware of this
ordinance. Mayor Bennett noted Council has recently rejected a request for
extension. The reasons for the recent denial do not seem to have changed.
Councilwoman Waggaman said the difference between this applicant and the
previous applicant is they wanted to hold onto their position with no apparent
intention of demolishing or building. This applicant has a specific timeline and
plans. Councilwoman Waggaman said this project will be done and some of the
neighborhood will be cleaned up.
Councilwoman Richards said the exactions for the old vested rights were part of
the Ordinance #1 lawsuit settlement. Councilman Paulson said he hates for the
community to lose 19 units housing 60 people. Ms. Lamont said the new proposal
includes 4 affordable housing units of 1.25 persons per unit. Councilwoman
Waggaman suggested the city should look at building some apartment-type low
income housing to fill this need.
Councilwoman Richards moved to adopt Ordinance #13, Series of 1995, as
amended on second reading; seconded by Councilwoman Waggaman. Roll call
vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, yes; Mayor
Bennett, yes. Motion carried.
ORDINANCE #3, SERIES OF 1995 - Aspen Youth Center SPA
Amendment
Leslie Lamont, planning office, told Council the Aspen Youth Center Board
requests amendment of the SPA plan as they feel there is a need to expand the
permitted uses in the Youth Center. The Board feels there is a need to expand
beyond youth-oriented activities. There is presently a kitchen facility in the
building and they would like this expanded to a year-round basis. The P & Z
approved the amendment to the SPA plan.
Ms. Lamont told Council the kitchen operation has been and will be used in
context with the high school as a teaching aide. Ms. Lamont pointed out one of
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Aspen City Council Regular Meeting March 13, 1995
the conditions in the ordinance had prohibited advertising of the food
establishment. The applicant feel this reduced the opportunity to find a tenant for
the kitchen.
Perry Harvey, representing the Youth Center, told Council this building is
underutilized. Harvey said the Board favors changing the approval language to
allow for the use of the facility by other community groups when not being used as
a youth center. Harvey said the Board would like to see the facility used by the
city’s recreation department, by Colorado Mountain College. Harvey pointed out
the Youth Center is centrally located and is near parking and public transportation.
Harvey told Council the community center has been demolished, the two in-town
schools have changed to other uses. This has created a demand for space for in-
town classes. Harvey said the Board has looked at ways to generate revenue for
the facility.
Harvey told Council the Youth Center is zoned PUB with and SPA overlay. The
purpose of the PUB zone is to provide for the development of governmental and
quasi-governmental facilities for cultural, education, civic and other governmental
purposes. One permitted use is a community recreational facility. Harvey said the
Board has worked with the school to develop a vocational training lab out of the
kitchen facility. There is a suggested class outline. Harvey told Council there are
4 tables and about 5 stools in the kitchen facility.
Harvey reminded Council during the budget process, the Youth Center was given
a grant of $2500. Harvey said the planning fees have cost them more than the
grant. Harvey requested Council waive the planning application fees.
Councilwoman Richards asked if there is a mechanism so that Council can look at
this use change in 2 or 3 years. John Worcester, city attorney, told Council this
could be handled in the lease. Harvey pointed out condition #8 calls for an annual
review by P & Z of the programming. Ms. Lamont agreed this could be added to
the lease as well. Councilwoman Richards said this facility could be used by the
environmental health department for the food handler classes and by CMC for their
master chef program.
Mayor Bennett said the language in the amendment states all activities shall be
either of a public nature or sponsored by the Youth Center to generate funds for
the Center. Mayor Bennett noted the language states operation of the kitchen
should be an educational extension of the schools the greatest extent possible.
Mayor Bennett said the application seems to be more restrictive. Harvey said the
Youth Center has lost some possible operators of the kitchen because of the
restrictive nature and the kitchen needs to be open year round. Mayor Bennett
said it seems odd to approve a year round restaurant in the Public zone when the
public zone does not allow year round commercial restaurant. Ms. Lamont
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Aspen City Council Regular Meeting March 13, 1995
pointed out the public zone allows accessory uses. Councilwoman Waggaman
suggested this be limited to 14 or 16 seats.
Mayor Bennett said the original lease was the result of many hours of negotiation
and some of the proposed deletions seem to go against Council’s original intent.
Councilwoman Richards suggested a clarification of terms, like “Public use”, and
also a statement of intent.
Councilwoman Richards moved to table Ordinance #3, 1995, to March 27;
seconded by Councilwoman Waggaman.
Councilman Reno suggested the request to waive planning fees be formally
addressed for second reading. Councilwoman Richards requested staff include a
past history of request for waivers of fees. Mayor Bennett requested an analysis
from staff about what can and cannot be done in a public zone. Councilwoman
Richards applauded the youth center for looking to the private sector for ways to
support the facility rather than just asking the Council for more and more money.
Councilwoman Richards amended the motion to table Ordinance #3, 1995, to
April 10; seconded by Councilwoman Waggaman. All in favor, motion carried.
ORDINANCE #61, SERIES OF 1994 - Williams Ranch Annexation
Dave Bellack, assistant city attorney, reminded Council last year they adopted an
ordinance approving the land use for this project. There was a traffic study done
and Council’s direction was that the applicants contribute $100,000 for traffic
improvements off-site. The engineering department has come up with a cost 5
times of that identified by the traffic study engineers. The applicants have given
the city a mortgage on all but 4 of the free market lots and all the affordable
housing lots. Gary Wright, representing the applicant, told Council the was this is
structured is that even if free market homes are not sold they will be able to build
the affordable housing units. Bellack said the agreement state the project shall be
started within 2 years and completed in 6 years.
Mayor Bennett opened the public hearing. There were no comments Mayor
Bennett closed the public hearing.
Councilwoman Richards said she is concerned about the city’s schedule for the
infra structure improvements. Councilwoman Richards said there should be a way
to let adjacent property owners what the schedule of improvement is.
Councilwoman Waggaman agreed the specifics should be available for the
neighbors. John Worcester, city attorney, said the city has not yet drafted a major
schedule of improvements. Mayor Bennett suggested asking staff for a plan on
spending the $100,000 that is available from the applicants; beyond that the Asset
Management Committee will need to look at this with the overall plan for the city.
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Aspen City Council Regular Meeting March 13, 1995
Councilwoman Waggaman said she does not care if the improvements are phased
in but the city needs to get started on this plan. Councilwoman Richards said she
would like to have one phone number, one person responsible so that citizens can
call to find out what the improvements are, when they are scheduled.
Councilman Reno moved to adopt Ordinance #61, Series of 1994, on second
reading; seconded by Councilman Paulson. Roll call vote; Councilmembers
Richards, yes; Paulson, yes; Reno, yes; Waggaman, yes; Mayor Bennett, yes.
Motion carried.
ORDINANCE #66, SERIES OF 1994 - Williams Ranch Rezoning
Dave Bellack, assistant city attorney, told Council rezoning this property to AH
(affordable housing) zone is consistent with the project already approved.
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilman Reno moved to adopt Ordinance #66, Series of 1994, on second
reading; seconded by Councilman Paulson. Roll call vote; Councilmembers
Waggaman, yes; Reno, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes.
Motion carried.
KRAUT PROJECT FINANCING AND SHADOWWOOD BUY
DOWN
Jim Curtis, housing authority board, told Council through a pilot program Rocky
Mountain Natural Gas gave the project a $26,000 grant to convert to gas domestic
hot water. This will ultimately benefit the residents of the project.
Curtis said there is an opportunity to save $34,000 in the construction loan. Curtis
reminded Council the project started construction with a $1.2 million loan from the
housing/day care fund. These funds will be spent by early May 1995. The budget
to finish the project is $2.1 million through January 1996 completion date. Curtis
said for the project he can get a bank loan or fund the project through city loans.
The bank loan at 10 percent interest and 1/2 point and the city loan at 7 percent
and no points. The latter would save the project $34,000. These funds would
earn more interest for the city than they are currently earning. Curtis said he does
not need a decision at this meeting.
Steve Barwick, assistant city manager, told Council the in 5 year budget for
housing/day care funds there appears to be money available. Barwick noted
$800,000 was budgeted for this project. There is $1.9 million budget for housing
projects, none of which has been allocated for any specific projects. Council
agreed the Kraut project should proceed with internal financing. Council agreed to
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Aspen City Council Regular Meeting March 13, 1995
look at other projects, like Cozy Point and Shadowwood, before making a final
decision.
Dave Tolen, housing director, told Council in the Aspen Area Community Plan,
sites in the metro area identified as possibilities, Shadowwood is identified as
priority #1 for preservation of deed restricted units. Tolen said this proposal is a
buy down with development of additional units on this property. Tolen said the
owner is interested in maintaining ownership and managing the units. Tolen said
the proposal is for the city to put in $750,000. The county is putting in $450,000
and there is a $300,000 donation tied specifically to this project for a total of $1.5
million.
Councilwoman Richards said she is concerned about putting public money into
buying down a project that has high rents. Greg Thomas said his intent is to
operate this as he has in the past, to minimize the number of people per unit.
Thomas told Council he has renovated the units. Tolen told Council the housing
office got two appraisals; one the value of the property as it is right now. Tolen
said rental units are not the highest and best use for the property. Tolen said the
highest and best use and value for the property is two single family houses at $2.5
to $3 million. Appraised as a deed restricted property it is valued at $1.5 million.
The difference in these two prices is the buy down price.
Mayor Bennett questioned the flat cpi increase. Tolen said this is a protection for
the owner in the ultimate value of the property. Mayor Bennett said the full cpi is
a greater increase, not just inflation adjusted. Mayor Bennett said he likes the idea
of the project but would like to find a compromise on the cpi issue. Mayor
Bennett said this is related to what happens with Cozy Point and Snyder project.
Tolen told Council the housing department’s rent are adjusted at 40 percent
proportion of cpi. Councilwoman Richards said the buy down concept is putting
down half the purchase price only to diminish the free market value.
Council agreed to discuss this in an executive session after the executive session
Tuesday, March 14th.
RESOLUTION #11, SERIES OF 1995 - Ballot Language
The proposed question reads “Shall on-street paid parking continue to be an
element of the City of Aspen’s Transportation Plan with the new revenues to
continue and increase transportation services for the Aspen area?”
Mayor Bennett said this question holds Council to their promise and use parking
revenues for the transportation program. Councilman Reno requested this be
changed to “current transportation plan” so the voter knows what this is referring
to. Council agreed this should be changed to “to be part of the City of Aspen’s
Transportation Plan with the revenues used to continue and increase etc”
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Aspen City Council Regular Meeting March 13, 1995
Councilman Reno moved to adopt Resolution #11, Series of 1995, amending the
question to read “Shall on-street paid parking continue to be a part of the city of
Aspen’s current Transportation Plan with the net revenues used to continue and
increase transportation services for the Aspen area”; seconded by Councilwoman
Waggaman. All in favor, motion carried.
OVERLAY COMMITTEE APPOINTMENTS
Councilman Paulson moved to appoint Steve Buettow (P & Z) and Roger Moyer
(HPC) to the overlay committee; seconded by Councilwoman Waggaman.
Councilman Reno abstained. All in favor, motion carried.
Councilwoman Richards moved to continue the meeting to March 14 at 6 p.m.;
seconded by Councilman Paulson. All in favor, motion carried. Council left the
meeting at 9 p.m.
Kathryn S. Koch, City Clerk
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