HomeMy WebLinkAboutminutes.council.19960226Aspen City Council Regular Meeting February 26, 1996
Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers
Paulson, Richards, Waggaman and Marolt present.
CITIZEN COMMENTS
1. Lance Luckett said he is sorry people are disappointed over the Maroon
Creek pedestrian bridge, a bridge that will help save lives. Luckett pointed out the
Council, HPC, P & Z, town of Snowmass Village, CDOT, HPC, the state historic
preservation commission, and the County Open Space Board all reviewed the
bridge. Luckett said the governments should be pleased to see how many people
use the bridge in the summer. Councilwoman Richards pointed out in order for the
bridge to comply with ADA standards, it had to be built even with the vehicle
bridge rather than low and out of sight. This is a movable structure and can be used
somewhere else.
COUNCILMEMBER COMMENTS
1. Councilwoman Richards thanked the street department for the job they did
during the last several snow storms.
2. Councilman Richards said the Sister Cities room has be en nicely decorated
by the Sister City committee.
3. Councilman Paulson brought up t he appointments to the Ski Company
Advisory Committee. Councilman Paulson said he would like the city to make sure
the Nordic interests are represented.
Councilman Paulson moved to appoint Mayor Bennett to the Advisory Committee
with Councilman Marolt as alternate; seconded by Councilwoman Waggaman.
Councilwoman Richards said Councilman Marolt should be the primary
appointment as he has spent a lot of years in the ski business.
Councilman Paulson amended his motion to make Councilman Marolt the
appointment and Mayor Bennett the alternate; seconded by Councilwoman
Waggaman. All in favor, motion carried.
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Aspen City Council Regular Meeting February 26, 1996
4. City Manager Margerum announced the cit y received a $57,000 grant from
Great Outdoors Colorado for planting, irrigation and development for the Moore
property. Thanks to the parks department staff for this award.
5. City Manager Margerum said Gordon Shaw, who is working on the
transportation development plan, will be in town and would like a breakfast meeting
with Council on Wednesday, February 28 at 8 a.m. in the Council room. On
February 29th the TDP meeting will be the full group of elected officials from
Aspen, Snowmass, Pitkin County. There is also a meeting of the Roaring Fork
Forum in Carbondale. At least one Council representative should attend that
meeting. Councilwoman Waggaman said she would attend the Forum meeting as
the topic is the Rio Grande right-of-way.
6. City Manager Margerum said the noon retreat March 7th will be with CCLC.
The retreat with HPC will be March 21 at 4:30 p.m. The meeting with the Fire
Department will be April 11 at noon.
CONSENT CALENDAR
Councilwoman Richards moved to read Ordinance #7, Series of 1996; seconded by
Councilman Marolt. All in favor, motion carried.
ORDINANCE #7
(Series of 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 918 E.
COOPER AVENUE, LOTS AND P, BLOCK 35, CITY AND TOWNSITE OF
ASPEN, AS “H” HISTORIC LANDMARK PURSUANT TO SECTION 24-7-703
OF THE MUNICIPAL CODE was read by the city clerk.
Councilman Marolt moved to adopt the consent calendar; seconded by
Councilwoman Richards. The consent calendar is:
·
Minutes February 12, 1996
·
Ordinance #7, 1996 - 918 E. Cooper Historic Designation
·
Resolution #8, 1996 - City/County Snow Removal Agreement
Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Marolt, yes;
Richards, yes; Mayor Bennett, yes. Motion carried.
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Aspen City Council Regular Meeting February 26, 1996
ORDINANCE #5, SERIES OF 1996
- Inventory of Historic Sites and Structures,
Round III
Amy Amidon, community development department, told Council this Ordinance
designates as historic a portion of the Aspen Meadows property and the Red Butte
Cemetery. It also deletes two structures, 437 W. Smuggler and 325 N. Third due to
their demolition, and also removes 925 King street, which clarifies that 935 King
Street stays on the inventory.
Mayor Bennett opened the public hearing.
Hal Disher, representing the Aspen Institute, told Council their understanding is that
Anderson Park and 50 feet around the park are designated historic. The areas
outside that will not be historic. Disher said the map is difficult to determine what is
being designated. Ms. Amidon said the HPC resolution specifically lists what is
being designated. John Worcester, city attorney, suggested continuing this so the
Institute and staff can make sure they are in agreement.
Councilwoman Richards moved to continue Ordinance #5, Series of 1996, to March
11; seconded by Councilwoman Waggaman. All in favor, motion carried.
ORDINANCE #8, SERIES OF 1996
- Trueman Lot 1 SPA Amendment
Councilwoman Waggaman moved to read Ordinance #8, Series of 1996; seconded
by Councilman Paulson. All in favor, motion carried.
ORDINANCE #8
(Series of 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A
SPECIALLY PLANNED AREA AMENDMENT FOR THE TRUEMAN/ASPEN
COMPANY TO ADD SEVERAL NEW USES TO THE APPROVED SPA PLAN
was read by the city clerk
Mary Lackner, community development department, told Council the Trueman
center is zoned N/C (neighborhood/commercial) with an SPA overlay. The
applicant is requesting 23 new uses be added as permitted uses. This went to P & Z
and during that review it was discovered that SCI zoning was also placed on this
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Aspen City Council Regular Meeting February 26, 1996
property. This only shows up in the recorded documents. Ms. Lackner said out of
the 23, only 17 are requested to be added.
Ms. Lackner told Council staff identified several uses that would be appropriate to
be added to the list; 4 use permitted by right; 6 conditional uses; 4 present
conditional uses to be upgraded to use by right. Ms. Lackner told Council P & Z
reviews conditional uses for consistency with underlying zone district. This area
has been traditionally service/commercial/industrial and neighborhood/commercial
type of uses. Staff feels the expansions of commercial core uses may be
questionable.
Ms. Lackner said another issue at P & Z was SCI uses added to the subdivision. In
the original approvals there was discussion at Council that this shopping center may
pull businesses out of the commercial core. This area traditionally had SCI and NC
uses. P & Z recommended that as many square feet of SCI space that was currently
being used be reserved for SCI uses so that the do not change into more retail use.
This is about 1500 square feet out of 35,000 square feet, or 3 percent of the existing
building. Staff agrees with this recommendation.
Another issue is the sidewalk. In the original approval the owner agreed that
anytime the city asked in writing to have the sidewalk put in on Puppy Smith street,
the applicant would do that. The city asked in writing in July 1995; the sidewalk
has not been installed.
Philip Bloemsma, property manager of the North Mill Station, said the applicant
feels the permitted uses of the NC zone district are antiquated. They should be
updated, the redundant ones should be eliminated. Bloemsma said they do not agree
with the recommendations of P & Z.
Councilwoman Richards asked how using the outdoors as a garden supply area
complies with the original open space requirements for the SPA. Ms. Lackner said
the use of this area for garden sales was denied by P & Z as it did not meet
requirements. P & Z did allow display of hanging baskets, which are actually sold
in one of the stores. The use of the courtyard is not part of this application.
Bloemsma said they plan to put the sidewalk in this summer.
Councilwoman Waggaman said she would not be opposed to a garden center in the
open space; it would make it much more attractive. It should be an area accessible
to the public. Councilwoman Richards said the Council cannot exempt open space
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Aspen City Council Regular Meeting February 26, 1996
from a development and allow one person to use their open space. Councilwoman
Richards agreed the existing open space could be improved.
Stan Clauson, community development director, said one issue is whether shops
may spill their merchandise onto the streets and sidewalk. The present city codes
do not permit this and P & Z has been strict in their interpretation of the restrictions.
Clauson suggested the downtown enhancement review may visit this to see if there
is a way to allow more flexibility. Clauson said in dedicated open space, the staff
has taken the position that if items are displayed outside without sale information,
no price tag but perhaps where they can be purchased, this is all right.
Councilman Paulson asked if there were discussions at P & Z about conflicts of
requested permitted uses and some of the existing items for sale in Clark’s Market.
Councilman Marolt said an issue for him is the ratio of SCI to NC uses. The SCI
uses may be obsolete. Mayor Bennett said the use of open space for plants or
benches should be addressed by the downtown enhancement group
Councilman Marolt said he does not feel the 1500 square foot ratio of SCI to NC is
not adequate. Clauson said one purpose of the SCI and NC zone was to limit the
range of uses so that the ground rents would be limited and shops that serve local
customers will be emphasized. That purpose is still in effect. The SCI zone also
looks at light industrial with the same principle. Clauson told Council the SCI uses
are under the greatest pressure of being pushed out of town because of escalating
rents and the impact of these uses. P & Z made the recommendation to preserve the
ratio of SCI at the North Mill Station in order to protect these uses, and to provide
for a mix of SCI uses. Councilwoman Richards said the P & Z recommendation to
keep the current ratio is a fair one. Councilman Marolt said the city needs more SCI
uses within the city limits; these have been eliminated at a rapid rate.
Councilwoman Waggaman said each of area of town being gentrified and she is in
favor of maintaining a certain ratio of this building as SCI. Councilwoman Richards
said if the plat references both NC and SCI, she cannot see letting it become all NC.
Councilman Marolt said there are some light industries that would be appropriately
located in the Trueman property. Councilman Marolt said he would not like to
eliminate the SCI portion of the Trueman Center.
Councilwoman Waggaman said she cannot envision a bookstore that would be only
“locally serving” and would fit in the Trueman Center. There are plenty of places
that sell books in the commercial core. Mayor Bennett asked how much control the
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Aspen City Council Regular Meeting February 26, 1996
city has over “conditional uses”. Ms. Lackner said conditional use is a public
hearing at P & Z. The first standard an applicant has to meet is whether the use is
consistent with the purposes, goals, objectives and standards of the AACP and the
intent of the zone district. Ms. Lackner said the difficult thing is when a store
comes in under certain representations and gradually changes into a higher scale
use. The conditions of the conditional use will have to be adequately written to
prevent this. Mayor Bennett said he feels there may be a lack of control when
businesses turn over again and again and staff does not remember the original
conditions.
Councilwoman Richards suggested reviewing the P & Z minutes about this and
what they were thinking when they recommended only one use be added. Mayor
Bennett said he can accept staff’s recommendation with the concern of what control
the city has over the conditional uses. Clauson pointed out there are some
limitations caused by the site which will likely keep out certain high end uses.
Generally people who go to the Trueman Center go with a purpose, not just
shopping. Councilwoman Richards requested for second reading an overview of
how many spaces in town are NC and SCI. Councilman Marolt reiterated SCI
space is lacking in the community. There should be more than 1500 square feet in
this subdivision. Mayor Bennett said the specific problem here is that the number
comes from an old agreement.
Councilwoman Waggaman moved to adopt Ordinance #8, Series of 1996, on first
reading; seconded by Councilman Marolt. Roll call vote; Councilmembers
Richards, yes; Marolt, yes; Paulson, no; Waggaman, yes; Mayor Bennett, yes.
Motion carried.
Councilwoman Waggaman moved to go into executive session at 6:30 p.m. for the
purpose of discussing negotiations and possible real property acquisition; seconded
by Councilwoman Richards. All in favor, motion carried.
Councilman Marolt moved to come out of executive session at 7:55 p.m.; seconded
by Councilman Paulson. All in favor, motion carried.
Councilwoman Waggaman moved to adjourn at 7:55 p.m.; seconded by Councilman
Marolt. All in favor, motion carried.
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Aspen City Council Regular Meeting February 26, 1996
Kathryn S. Koch, City Clerk
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