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HomeMy WebLinkAboutminutes.council.19950911Aspen City Council Regular Meeting September 11, 1995 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Marolt, Waggaman, Richards and Paulson present. CITIZEN COMMENTS 1. Dawn Keating, Sierra Club, presented Council with a brochure done by the Sierra Club and made possible in part by a donation from the city. The brochure will be going out to about 4,000 people. COUNCILMEMBER COMMENTS 1. Councilwoman Richards moved to cancel the October 10, 1995, regular Council meeting; seconded by Councilwoman Waggaman. All in favor, motion carried. 2. Mayor Bennett suggested Council continue this meeting until September 12 in order to digest and vote on the Moore water service resolution. Councilwoman Waggaman moved to add Resolution #60, 1995, Moore water service, to the agenda as VIII(c); seconded by Councilwoman Richards. All in favor, motion carried. 3. Councilwoman Waggaman said she would like to discuss the ADU survey and added it to the agenda as VIII(b). 4. Councilwoman Richards announced there will be a Sister City festival in Paepcke Park Saturday September 23 from 11 a.m. to 3 p.m. with food and representatives from each of Aspen’s sister cities. CONSENT CALENDAR Councilwoman Richards moved to read Ordinances #45 and 46, Series of 1995; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #45 Series of 1995 AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 24-13-103 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO PROHIBIT THE DEVELOPMENT OR MAINTENANCE OF ANY STRUCTURE OR THE USE OF ANY LAND IN VIOLATION OF 1 Aspen City Council Regular Meeting September 11, 1995 CHAPTER 24 OF THE ASPEN MUNICIPAL CODE; TO PROHIBIT THE VIOLATION OF ANY PROVISION IN DEED RESTRICTIONS EXECUTED FOR THE BENEFIT OF THE CITY OF ASPEN; TO AMEND ARTICLE IV OF CHAPTER 18 TO PROHIBIT VIOLATIONS OF THE RESIDENT MULTI- FAMILY HOUSING REPLACEMENT PROGRAM; AND TO IMPOSE PENALTIES FOR SAID VIOLATIONS ORDINANCE #46 Series of 1995 AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 525 W. HALLAM STREET, LOTS C, D AND THE WEST 1/2 OF E, BLOCK 29, CITY AND TOWNSITE OF ASPEN, AS “H” HISTORIC LANDMARK PURSUANT TO SECTION 24-7-703 OF THE MUNICIPAL CODE were read by the city clerk Councilwoman Richards moved to adopt the consent calendar; seconded by Councilman Paulson. The consent calendar is: August 28, 1995 - Minutes · Resolution #58, 1995 - Lease Snow Removal Equipment - Dooger Digging · Ordinance #45, 1995 - Deed Restriction Penalties · Parks, Recreation & Open Space Master Plan Implementation · Ordinance #46, 1995 - 525 W. Hallam Historic Designation · Snowmass Representative on RFTA Board of Directors · Request for Funds - City Hall Replacement of Windows ($14,000 AMP General · Fund) Resolution #59, 1995 - Contract Stark Roofing Yellow Brick Roof · Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Marolt, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #32, SERIES OF 1995 - Text Amendment School District Fees Councilwoman Richards moved to table Ordinance #32; seconded by Councilman Marolt. All in favor, motion carried. ORDINANCE #41, SERIES OF 1995 - 123 W. Francis Historic Designation 2 Aspen City Council Regular Meeting September 11, 1995 Amy Amidon, community development department, told Council staff, P & Z and HPC recommend approval of this ordinance designating both the house and outbuilding as historic. This house meets standards of architectural importance, neighborhood character and community character. The applicant is requesting approval of the $2,000 historic grant as well as wavier of the park dedication fees. Waiver of the park dedication fees is an incentive of historic designation. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Marolt asked why the park dedication fees are so high. Ms. Amidon said there are currently only 1 or 2 bedrooms on site; however, the proposal is for a substantial remodel as well as 2 ADUs on site. Councilwoman Richards moved to adopt Ordinance #41, Series of 1995, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #43, SERIES OF 1995 - Amending Election Code John Worcester, city attorney, told Council this ordinance amends the campaign reform regulations, it codifies the section, and deletes superfluous sections in the code. Presently, a candidate must file all contributions and expenses 7 days prior to the election. The current ordinance does not allow any contributions be accepted or expenditures made after that. This ordinance would allow expenditures to be made after this 7 day period. The current ordinance places additional responsibility on the campaign treasurer who may not be involved with the day to day operations of the campaign. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Council brought up Section 8-3(b) “Not less than 7 days before an election, The campaign treasurer shall file with the city clerk . . .” Councilwoman Richards said it seems as if people could file 20 days before an election. this section also states the report shall be complete. Councilwoman Richards said it should be a final report. Council also questioned Section 8-7 which would allow excess funds to be refunded to contributors. 3 Aspen City Council Regular Meeting September 11, 1995 Councilwoman Waggaman moved to table Ordinance #43, Series of 1995; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #35, SERIES OF 1995 - Mocklin Rezoning, Subdivision and vested rights Leslie Lamont, community development department, reminded Council they had asked for two revisions to the site plan. One was the building envelope on lot 3, the applicant cut off the far corner and moved it away from the public streets. The second change was to have only one access drive to both the apartment and the 6 free market parcels. The applicant is using the existing drive and splitting off to the lots. The benefit to using the new drive is that there is no grade change as there was in a previous design. Ms. Lamont showed these changes on a site plan. Ms. Lamont told Council when each lot applies for a building permit, they will need to show the individual drives for their lots. Sunny Vann, representing the applicant, told Council they have agreed to implement the combined driveway if Council approves. Councilwoman Waggaman and Mayor Bennett said they were pleased with this solution. Vann said they were concerned about utilities; they can be brought in on the same easement in this driveway. John Worcester, city attorney, asked when the access easement will be dedicated. Vann said this will be tracked through the plat for each individual lot. Mayor Bennett opened the public hearing. Richard Jennings, Hunter Creek homeowners, said they appreciate the change in driveways. Jennings said the apartment building encroaches a few feet into their territory. Jennings said they may file suit for quiet title. Vann said this is a historic encroachment that has been there since the building was built. Vann said this is an issue between the property owners to work out. Mayor Bennett closed the public hearing. Councilman Paulson asked if there can be language in the ordinance that any of these lots might be sold as open space. Vann said Mocklin is willing to entertain a reasonable offer for the property. Vann pointed out that passive open space is an expensive proposition. Councilwoman Richards said she envisioned the corner of 4 Aspen City Council Regular Meeting September 11, 1995 lot 3 to be cut back more. Vann said it has been cut back 35 feet. Vann said he tried to preclude a building envelope right along the road. Vann said one of the cornerstones of this application is that the affordable units will not be deed restricted until such time as the development went forward. Vann said the applicants have discussed this with staff. If this were a growth management application, they would not be required to produce housing until the free market component was brought on line. Vann said at the last minute the planning office included a requirement that unit #2, the largest 3 bedroom unit, be deed restricted concurrent with filing the final plat. This is not acceptable to Mocklin as this unit helps to pay for the rest of the building. Vann said there is no development being proposed, to require it be deed restricted because the plat is being filed does not appear to be reasonable nor consistent with other approvals. Vann suggested at the time of the first building permit, they will deed restrict the largest unit, #2, and the extra unit, #3. The first house to be built will trigger two deed restrictions and from there out it will be one unit for each free market lot on the basis of diminishing size. The last unit to be deed restricted would be the smallest unit. Council agreed this sounded reasonable and should be subject to confirmation by the housing office. Ms. Lamont said it is clear that mitigation occurs when building starts. The conditions will be that units 2 and 3 will be deed restricted up front, the rest in order of size from the largest to the smallest. Vann said the one condition states the existing utility lines should be undergrounded. Vann said he understands that the Code requires any new utilities to be undergrounded, which is their application. The current code does not require one to go out and underground existing utilities. This may be done anyway but it should be at the option of the developer. Vann said the applicant represents all utility extensions on their property will be placed underground. Stan Clauson, community development director, said this is a prominent piece of property and it is important the utilities are undergrounded. Clauson said if the existing building were demolished and replaced, the utilities would be undergrounded. Vann said he does not like the city making up regulations as they go along. Vann said the city’s code does not require existing utilities that are unaffected by development to be undergrounded. Vann suggested saying all utility extensions and existing service to the existing building shall be undergrounded. Vann said this would not require him to underground any line that does not serve the existing building or that the development is not proposing to change. Vann said the major utility lines that traverse the front of the property may not even be touched by the 5 Aspen City Council Regular Meeting September 11, 1995 developer. Vann said he does not interpret the code to require a developer to underground these. Ms. Lamont told Council the engineering department always asks for more than the code requires. The engineering department insists on this language for existing utilities. Ms. Lamont said this subdivision requires a lot of infrastructure and change to the landscape and as part of that, all utility lines should be undergrounded. Councilwoman Waggaman said she feels undergrounding wherever possible is to the benefit of the entire community. Council should give direction to staff to interpret the code to mean entire undergrounding for the future. Council agreed to require undergrounding of all utilities and to require the same type of interpretation in the future. Mayor Bennett said undergrounding is part of the civic friendliness. Councilwoman Richards said she would like to insure the RFTA bus stop does not get eliminated. Vann said it is in the public right-of-way and the applicants cannot remove it. Ms. Lamont brought up 4(e) and clarified one reason to move the driveway is the aspen grove. Ms. Lamont said she added “primarily in order to preserve the small aspen grove on the northeast side of lot 6”. In the future if someone is looking at putting a driveway to lot 6, they will know why the driveway was relocated. Vann said they plan on submitting a driveway plan to the city and may have to move a few little trees. The trees next to the road shielding Hunter Creek will remain. Ms. Lamont pointed out 5(e) states “building envelopes shall be staked to insure compliance with descriptions of said building envelope”. Vann agreed this would be fine prior to issuance of each building permit. Councilman Paulson brought up condition #12 and asked that there be no lighting along driveways or walkways. Vann agreed with that. Councilman Paulson requested there also be no outside lighting like patio lights. Vann said there is no regulation currently in the city to prohibit such lighting. Vann objected to a condition being imposed that is not in the code. Clauson said he feels the code addresses outside lighting as much as possible. The code states all lighting fixtures will be shaded downward. Mayor Bennett said if Council wants to go further, they should review the code. Vann said the representation in the application is that they would maintain low level lighting. Councilwoman Waggaman asked if there is a way to protect the views and height limitation by eliminating the possibility of someone measuring and building on the highest part of the lot. Vann said the design tries to address that problem. The buildings are pushed to the back of the lot away from the street. Vann said the one 6 Aspen City Council Regular Meeting September 11, 1995 place where it could be a problem is the intersection of Gibson and Lone Pine, and the building envelope has been set back the furthest on that lot. Clauson pointed out that recently adopted Ordinance #30 establishes the grade as the finish or natural grade, whichever is lower. The ordinance also specifies that once the ridge line is established, it be carried back and the same limitation. The site plan dated September 11, 1995 was entered into the record. Councilwoman Richards moved to adopt Ordinance #35, 1995, as amended to include the exhibit dated 9/11/95, showing the modifications on lot 3, to include the deed restriction that the housing office and planning have signed off on regarding when the replacement units will be deed restricted, the inclusion of a single driveway, and amendments outlined in about the above discussion; seconded by Councilman Marolt. Councilwoman Richards said she likes the further refinements in the site as a result of this discussion. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Waggaman, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. RFTA SUPPLEMENTAL BUDGET Dan Blankenship, RFTA general manager, told Council there have been some changes in expenditures and revenues since the budget was adopted. The 1 cent sales tax revenues are lower than anticipated; however, other revenues are higher; fare boxes, 1/2 cent sales tax, and insurance rebates. The operating revenue in this resolution is increased $306,567. The resolution also increases the prior year fund balance by $22,509 to a total of $376,330 to be used in 1995. This resolution authorizes RFTA’s expenditures to increase by $421,442 for a total 1995 operating expenditures $7,810,522. Blankenship told Council the levels or service are 15 percent higher than when the budget was drafted. Some of this is higher down valley service. The resolution reduces the transfer from operating fund to capital funds by $92,366. Blankenship said on capital funds, the resolution recognizes additional grant fund, and Ski Company revenue by $135,019 for a total of capital revenue $367,730. Bond revenues are being recognized in the resolution. The resolution increases 7 Aspen City Council Regular Meeting September 11, 1995 capital expenditures by $97,953 for a total of $1,764,578. Blankenship told Council the RFTA board approved this resolution. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Mayor Bennett said it appears capital revenues are better than expected, net operating revenues are slightly worse than expected for a total additional required only $22,500. Mayor Bennett pointed out when the shortfall was projected at $242,000; the elected officials agreed to pay 60 percent or $145,000, which was to be taken out of the 1/2 cent sales tax and the balance was to come out of RFTA fund balance. The balance is now only $22,500. The elected officials are still paying $145,000 which 87 percent of the shortfall. Councilwoman Richards moved to approved RFTA supplemental budget resolution 95-7; seconded by Councilwoman Waggaman. All in favor, motion carried. RESOLUTION #57, SERIES OF 1995 - West Buttermilk Water Policy Compliance John Worcester, city attorney, told Council the West Buttermilk homeowners submitted an application for water service. They have submitted an application for water extensions beyond city limits. The city’s requirements are detailed and the homeowners are concerned that in order to complete the application and meet all the engineering requirements, they will have to spend a lot of money without knowing whether it will be approved by the city. Worcester said Council can make a determination on whether the applicants can move forward. This resolution has a lot of conditions in it. The water department indicates there is enough treated water. One condition is that the West Buttermilk homeowners help pay for the pro rata share of the well development outlined in the asset management plan. There is an advantage from having this system to help complete the looping system to the Airport business center. Staff estimates the cost to the homeowners is about $1.125 million. If the homeowners pay for their own development and their tap fees, there will be no impact to the city. Worcester told Council the applicant has requested a partial or total waiver of the tap fee or to use those tap fees to offset the $1.125 million. Worcester said one condition in the city’s adopted water policy is that the city make a profit. The applicants will have to dedicate any water rights or pay cash-in-lieu for those. The applicants will be required to annex when they are 8 Aspen City Council Regular Meeting September 11, 1995 contiguous with the city. Worcester said the city should know up front how many homeowners are going to participate in this. City Manager Amy Margerum pointed out she does not see that consistency with the Aspen Area Comprehensive plan is determined in this packet. Ms. Margerum suggested another condition in the resolution to state that any final water service agreement must show consistency with the AACP. Ms. Margerum said she would like to know if the possible units are included in the growth county for the metro area. Councilman Marolt said he would like to know more about the well situation. Ms. Margerum said the city does not have the physical water to supply a level of growth contemplated at Highlands and the Moore project without the development of wells. Councilwoman Richards suggested a work session to go over the water policy and how the city got to this point. Councilwoman Richards said she would like to table this to see all the conditions in writing. Councilwoman Richards moved to table Resolution #57, Series of 1995; seconded by Councilman Marolt. Councilman Marolt said he would like a copy of the water policy and engineer’s report. Councilwoman Waggaman asked if the city’s responsibility is to an area with water that may not be of good quality or to an area that is not served. Mayor Bennett said he would like included a condition that the West Buttermilk homeowners would not go to court and fight an inter-model center at Buttermilk. ADU SURVEY Councilman Marolt said he does not think an owner of an ADU survey would respond to this questionnaire as it may jeopardize his position. Mayor Bennett agreed. Mayor Bennett said the letter seems to be pointed at catching people as well as getting accurate information and educating property owner. Mayor Bennett said these 3 different objectives do not “jive”. Mayor Bennett said he does not feel as written this will not get accurate responses. Dave Tolen, housing director, told Council they could send out something to verify the information and do the survey separately. Tolen said staff’s concern is that the city does not know how the units are being used. P & Z is reluctant to approve more ADUs until they know how they are being used. Councilwoman Waggaman 9 Aspen City Council Regular Meeting September 11, 1995 suggested a survey to find out just that, how are the ADUs being used. City Manager Margerum said the survey seems to make it a crime if the ADU is not rented. The way the ADU regulation is set up, property owners do not need to rent their ADUs. Staff will rework the survey before it is sent out. Councilwoman Richards moved to go into executive session for the purpose of discussing real property acquisition and negotiations; seconded by Councilman Paulson. All in favor, motion carried. Council went into executive session at 7:45 p.m. Councilwoman Richards moved to come out of executive session; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to continue the meeting to 5 p.m. September 12 to discuss the Moore water service agreement; seconded by Councilman Marolt. All in favor, motion carried. Council left Chambers at 8:15 p.m. Kathryn S. Koch, City Clerk 10