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HomeMy WebLinkAboutminutes.council.20000828Regular Meeting Aspen City Council August 28, 2000 Mayor Richards called the meeting to order at 5:00 p.m. with Councilmembers Paulson, Markalunas, Hershey and McCabe present. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilman McCabe said the skateboard park is taking shape and is an exciting project. Councilman McCabe noted the city is working on an archery range on Cozy Point and the city will let everyone know when it is ready. 2. Councilman Markalunas said everyone should . enjoy the quiet time and the respite from the busy season. Councilman Markalunas commended the Aspen Institute for the excellent program for their th 50 anniversary. 3. Councilman Markalunas warned everyone to keep their garbage indoors; the bears are really hungry this year. 4. Mayor Richards thanked staff for the community picnic, which turned out very well. Mayor Richards thanked the Aspen Historical Society for participating in the community portrait. 5. Councilman Hershey said Grassroots is having their funding raising telethon. Councilman Hershey noted one of the things Grassroots does is cover government meetings, like Council and Board of County Commissioners. 6. Councilman Paulson invited everyone to watch the hang gliding competition this weekend. 7. City Manager Steve Barwick requested Council move the Witz pre- annexation agreement off the consent calendar and discuss it right before the Witz Zoning and Lot Split ordinance. Barwick requested Council add a discussion of funding for World Cup at the end of the agenda and also an executive session to discuss potential litigation. 8. Brian Flynn, environmental health department, reminded everyone that fall is approaching and bears are feeding up to 22 hours a day. People should lock their windows on the ground level. Barwick said people should not approach bears but let them go on their own way. Mayor Richards noted every mountain community is dealing with this problem. 1 Regular Meeting Aspen City Council August 28, 2000 9. Mayor Richards said she had the pleasure of playing golf in the Mayor's Cup tournament and the golf staff put on a great event. The golf course looked great. CONSENT CALENDAR Councilman Hershey moved to read Ordinances #40, 41, 42,43 and 44; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE NO.40 (Series of 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 13.08 OF THE ASPEN MUNICIPAL CODE TO ELIMINATE ANY REFERENCE TO THE CLEAN AIR ADVISORY BOARD ORDINANCE N0. 41 (SERIES OF 2000) AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO, TO AMEND SECTION 26.710.190, THE LODGE TOURIST RESIDENTIAL (LTR) ZONE DISTRICT, AND SECTION 26.470.070, EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM, OF THE LAND USE CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE N0. 42 (SERIES OF 2000) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A REZONING FROM R-6 (MEDIUM DENSITY RESIDENTIAL) TO PUB (PUBLIC), AMENDMENTS TO THE ASPEN LAND USE CODE, FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN, AND AN EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM FOR AN ESSENTIAL PUBLIC FACILITY FOR THE YELLOW BRICK SCHOOL LOCATED AT 215 NORTH GARMISCH STREET, BLOCK 57, LOTS A, B, C, D, E, F, G, H, I, J, K, L, M, N, Q, 2 Regular Meeting Aspen City Council August 28, 2000 R, AND S, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE N0. 43 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN AND DEDICATED AS THE SANDUNES L. P. ANNEXATION LOCATED AT 815 WEST MAIN STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman McCabe moved to adopt the consent calendar as amended; seconded by Councilman Markalunas. · Resolution #111, 2000 - Contract - Wheeler HVAC Design Contract · Resolution #110, 2000 - Temporary Deputy Municipal Judge/Michael Hoffman · Resolution #115, 2000 - Extension of Thrift Shop Lease · Ordinance #40, 2000 - Code Amendment - Clean Air Board · Ordinance #41, 2000 - Aspen Mountain PUD Code Amendment · Ordinance #42, 2000 - Yellow Brick PUD Amendment · Ordinance #43, 2000 - Sandunes Exempt Subdivision · Ordinance #44, 2000 - Petrick Annexation · Request for Funds - Bear Proof Trash Receptacles Minutes - July 24, August 14, 2000 · Councilman Paulson said just because the city is disbanding the Clean Air Board, people should not get the impression that Aspen has clean air. The city is dealing with this through the ecological bill of rights and trying to keep people aware of things they can do to help promote clean air. 3 Regular Meeting Aspen City Council August 28, 2000 Mayor Richards noted for second reading of the Sandunes and the Petrick annexation she would like to know the potential build out and house sizes if the properties were to remain in the county, what the underlying zoning would allow and is the city creating more benefits by annexing these properties. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. RESOLUTION #116, SERIES OF 2000 - Regional Transit Authority Alice Hubbard, RTA, pointed out the changes in the resolution. The first change is an added Whereas about specialized transportation for elderly. Page 14, 701(c) Pitkin County Tax (I) added to clarify Pitkin County's payments to RTA are subordinate to their debt obligation. Page 19 804(b) a request to make a minimum commitment of $25,000/year to specialized transportation services. Mayor Richards said the governments throughout the valley have continued to work for a improvement of transportation. This will take a regional transportation authority, which is on the ballot in November in various jurisdictions. This will allow the entire valley to discuss fares, service levels, types of buses, schedules, and stations. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Markalunas noted that the management of the corridor investment study will be transferred to RTA. Councilman Markalunas moved to adopt Resolution #116, Series of 2000; seconded by Councilman Hershey. Councilman Hershey said this process was the first time all the community members worked together. This is one valley, and it was great to work toward the same goal, one transportation system for the valley. Councilman Paulson agreed this RTA will make a complete system. There are limited resources in the valley and RTA should be supported. Councilman McCabe said the cooperative efforts started through the RTA will go beyond this intergovernmental agreement. Councilman Markalunas said he has worked 4 Regular Meeting Aspen City Council August 28, 2000 many years to try and solve the valley's transportation problems and this is a great step. Roll call vote; Councilmembers Hershey, yes; Markalunas, yes; Paulson, yes; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #27, SERIES OF 2000 - Sandunes Annexation Councilman Hershey moved to continue Ordinance #27, Series of 2000 to September 25; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #113, 2000 - Witz Pre-annexation Agreement Councilmembers Hershey and McCabe disclosed they had conversations with the applicant to go over some details of this proposal. Councilman Markalunas and Mayor Richards said they were contacted but did not speak with the applicant. John Worcester, city attorney, said if any of this conversation would change an Councilperson's vote, this should be disclosed this during the discussion of the lot split and zoning. Worcester pointed out there are 4 items related to Witz; (1) a pre-annexation agreement, (2) land use approval process for the lot split and initial zoning; (3) proposed water service agreement and (4) annexation adoption. Worcester noted approval of the annexation is discretionary for Council. Camilla Auger, applicant, told Council she has lived on North Spruce street for more than 30 years and built the road that accesses the houses on North Spruce street. The road was paved, water and sewer were added to this area. Ms. Auger said they purchased this property to insure that what is developed is attractive and appropriate for the neighborhood. Ms. Auger said with this development, she hoped the fix the entry to Spruce street and to fix the drainage problem. Ms. Auger told Council they have purchased a unit at the Little Victorians, which they intend to give to the housing authority as resale for a deed restricted unit. Ms. Auger said they purchased a city TDR from the Smuggler Trailer Park and this TDR will be retired. Ms. Auger proposes an ADU in each unit of the development on the Witz property. Ms. Auger told Council there is no easement for the Hunter Creek trail in this area. She will give an easement for the trail. Ms. Auger said they will 5 Regular Meeting Aspen City Council August 28, 2000 landscape this area so that people do not park at the trailhead. Ms. Auger presented exhibit A, the "Witz Property Entry Plan". Ms. Auger said the drainage plan consists of barrow ditches on either side of the road plus water runoff wells. Ms. Auger submitted exhibit B, North Spruce Street drainage & sediment control plan into the record. Chris Bendon, community development department, said staff did not want an urban, paved landscape and encouraged the applicant to work on a softer approach. Bendon told Council there was a concern for a larger water shed passing through this parcel; however, that water shed passes elsewhere. Alan Richman, representing the applicant, told Council this development still has to go through 8040 review at which time site specific issues, like drainage, will be looked at. Ms. Auger told Council the applicants propose development restrictions on the property to meet the objective of making sure this is compatible with the neighborhood. Ms. Auger said they want two smaller houses rather than one large house. Ms. Auger told Council there could be 3 units, one duplex and one single family house, and they are restricting this to 2 units. The setbacks have been doubled and the FAR has been reduced to 4950 square feet. The ADUS are within the 4950 square feet. Ms. Auger suggested that the street be Cora Lee Drive. Ms. Auger presented letters in support of this application. Ms. Auger told Council she has worked on a height restriction with Porath, the neighbor to the north. She does not have exact language on this. The Poraths house is 20 feet higher in elevation than the highest house in the Witz subdivision and the Lewitz house is 50 feet higher than the highest house proposed. Worcester requested the record be cross-referenced for all 4 Witz hearings and that the exhibits apply to all. Councilman Hershey moved to table Resolution #113, Series of 2000, until later in the meeting; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE #31. SERIES OF 2000 - Witz Initial Zoning and Lot Split Chris Bendon, community development department, reminded Council when properties are annexed, they must be given city zoning within 90 days. 6 Regular Meeting Aspen City Council August 28, 2000 Bendon pointed out the Witz property and the surrounding properties; the zoning goes from high density Centennial to medium density in Williams Ranch and Silverlode, to R-30 in the county and larger parcel zoning in the county. The Witz property is zoned R-30 in the county and staff is proposing R-30 in the city. These two zone districts are very similar. The proposed lot split is for two parcels, each just less than 40,000 square feet. Bendon told Council in a lot split, one may only get an exemption from growth management if the lot is located in the original townsite of Aspen. If not located in the original townsite, one is required to go through the growth management quota review. In Pitkin County, one may use a TDR to avoid the competition. The city has TDRs from the Smuggler Home Park, which the applicant has purchased and proposes to extinguish in this development. Staff and P & Z recommend R-30 zoning. Bendon said criteria for lot split is administrative and this parcel meets all standards for approval. Bendon said community benefits are being given. Bendon told Council typically affordable housing is not given when properties are annexed into the city. There are ADUs being provided. Bendon said the entrance design is a good proposal for this area. Bendon told Council there are no differences in lot split processes in the city or in the city, other than purchase of a county TDR. Alan Richman, representing the applicant, said zoning this R-30 is maintaining, not increasing, the density. Richman said the lot split would allow a duplex and a single family lot. The applicants have agreed to eliminate the duplex as inappropriate for the neighborhood. Richman pointed out there is no requirement to provide any housing when using a TDR; however, the applicant is proposing both an extra ADU and the deed restricted unit on Main street. The front and side yard setbacks exceed those required in the city and are almost the standards in the county code. Richman said the proposed floor area is less than that allowed in the county R-30 zone, which would be over 5600 square feet. The proposed maximum floor area is 4950 square feet. Mayor Richards opened the public hearing. Worcester suggested that any of the Witz topics may be addressed at this public hearing. 7 Regular Meeting Aspen City Council August 28, 2000 Jim Moran, Spruce street, supports the Witz annexation and the R-30 zoning as appropriate. Moran said for selfish reasons, he would rather see this remain one lot; however, it does meet all the requirements for a lot split. Tom Leddy, neighbor, said this area has had a lot of development in recent years. Leddy said the growth management system is in place so that people can discuss the impacts and to look at growth in context with everything that has happened in the area. Leddy stated two houses and two ADUs is 4 times the people and cars than a single unit. Scottie Cooper, 704 Spruce, read a letter from Herb Balderson, 708 Spruce street, into the record favoring no lot split, no ADUs and a letter from Cecil Lewitz, 711 Spruce Street, stating his preference for a single family dwelling on the existing building footprint. Lewitz noted an 8,000 square foot house could be built in the county. Lewitz said the only reason for annexation was to get away from the county moratorium, which is now moot. Lewitz noted a house under construction by the Augers, which appears to be over the allowed height. Lewitz requested the height be restricted to reflect the legal limit relating to each segment of the house as it steps downs the slope. Ms. Cooper said it is a disservice to have the growth management process circumvented by use of a TDR. Ms. Cooper said this project is increasing the density by 4 families. The Augers are building a house in the county that is a massive structure completely out of scale. Ms. Cooper said she would rather have than one 8900 square foot structure than two houses with two ADUs. Arnie Porath, 707 Spruce Street, told Council he has had discussions with the applicant trying to reach an agreement on the height of the roofline for lot B. Porath said the agreement keeps changing. Porath said he thought the agreement was that the maximum height on the roofline would be 15-1/2 feet above the 112-foot elevation line. Porath said the exhibit A to the amendment states the maximum height of any portion of the roof of the proposed house on Witz lot B which falls within the cross hatched triangle as shown in exhibit C will not exceed 15-1/2 feet above the 112 foot elevation line as shown in exhibit C or 9-1/2 feet below the maximum height as allowed under the existing city code. Porath said the added portion would allow the house to be beyond the 15-1/2 feet and he does support this. 8 Regular Meeting Aspen City Council August 28, 2000 Mayor Richards asked how much of the building on lot B would be affected by this height limitation. Council and the applicants examined a proposed footprint on lot B. Ms. Auger noted that the existing structure on lot B is 20 feet below the Porath house. Mayor Richards said the way the city code defines height measurement is 25 feet to the mid-point of the roof and asked if this measurement is 15-1/2 feet to the mid-point or is it a flat roof building. Porath said it is 15-1/2 maximum height. Bendon pointed out both lots in the Witz lot split will have to go through an 8040 greenline review. Bendon said the applicants have agreed to lower the FAR; this means the house will have less of an impact on site. It may make it harder for P & Z to appropriately locate the mass on site if they are restricted by height restriction. Bendon said it would be better for P & Z to locate the houses for the community's best interest. Porath requested without an agreement on the maximum height, that this be tabled. Scottie Cooper suggested decreasing the density by eliminating one or both ADUs and have just two single family houses. Mayor Richards asked the height limit in the county. Bendon said it is 28 feet, 3 feet higher than in the city. Ms. Cooper asked if there is not a scenic height review in the county. Bendon said the height review is based on the community's view of the mountain and how that is affected; not property owner's view from behind the property. Mayor Richards closed the public hearing. Jay Hammond, engineer for the applicant, showed the drainage plan worked out with the applicant and with the Morans. Hammond explained the plan of lining the ditch, installing cross pans, eliminating gravel driveways to prevent the site from generating sediment. Ms. Auger pointed out the existing house has a rental unit in it so there are already 2 units on the property. Ms. Auger said she is committed to mixed housing but would be willing to have only one ADU in the project to accommodate the concern of too much density. Councilman McCabe asked if the Augers would be willing to pay cash-in-lieu. Richman said the purchase of the unit at the Little Victorian is as much as the applicants are willing to pay. 9 Regular Meeting Aspen City Council August 28, 2000 Mayor Richards said two houses at 4950 square feet is larger than what would be allowed for one house in the county. Council would be approving a 1400 square foot increase. Mayor Richards said her experience is that two smaller houses look at lot smaller than one huge house. Mayor Richards asked if eliminating the ADU on lot B would decrease the size of the house. Ms. Auger said they need the ADU on lot B. Ms. Auger said they are willing to eliminate on ADU but not build less FAR. Councilman McCabe said he is not interested in eliminating any ADUs. The more ADUs that are built in the city, the more opportunity there is to use them. Councilman Markalunas agreed. Councilman McCabe said he would rather the P & Z work on the height restriction. Councilman McCabe noted what can be developed by right in the county would be higher than what can be built in the city. Councilman McCabe moved to adopt Ordinance #31, Series of 2000; on second reading; seconded by Councilman Markalunas. Councilman Paulson said he feels the height restriction is important to help avoid animosity among neighbors. Ms. Auger said she intends to continue working on an agreement with the Poraths. Councilman McCabe suggested the height not be higher than 20 feet as measured in the land use code. Ms. Auger said that would be workable. Bendon noted when the city adopts height restrictions or view planes, they are from areas of community interest, like from the Wheeler or from the Courthouse. Councilman McCabe agreed people cannot control their adjacent property. Councilman McCabe moved to adopt Ordinance #31, Series of 2000 amending it to include the maximum height be 20 feet as defined in the current Land Use Code, as a mid-point between the eaves and the ridge, in the triangle of lot B as shown in the cross hatched area; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; Hershey, yes; Paulson, yes; McCabe, yes; Mayor Richards, yes. Motion carried. RESOLUTION #113, SERIES OF 2000 - Witz Pre-annexation Agreement Mayor Richards moved to approve Resolution #113, Series of 2000 amending it to include maximum height as defined in the current Land Use Code will be 20 feet and adding language to encourage the applicant to continue to work with neighbors on the height restrictions; seconded by 10 Regular Meeting Aspen City Council August 28, 2000 Councilman Hershey. Roll call vote; Councilmembers McCabe, yes; Markalunas, yes; Paulson, no; Hershey, yes; Mayor Richards, yes. Motion carried. ORDINANCE #32, SERIES OF 2000 - Witz Property Water Service Agreement John Worcester, city attorney, said this ordinance amends the existing water service agreement to provide water to these lots. No physical modifications are proposed to the water system. The system will continue to be maintained as a private system. All the AACP compliance have been reviewed. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Hershey moved to adopt Ordinance #32, Series of 2000; seconded by Councilman McCabe. Councilman Paulson asked if water saving is being encouraged. Alan Richman, representing the applicants, said this is part of the plumbing code and is required. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Hershey, yes; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #33, SERIES OF 2000 - Witz Annexation John Worcester, noted this is the final step and is entirely a legislative act. Mayor Richards opened the public hearing. Jim Moran said he favors this annexation. Moran told Council he will do what he can do get the improvement of this intersection on the city's asset manager's calendar. Annexing this area will mean the residents request attention to this intersection. Mayor Richards closed the public hearing. 11 Regular Meeting Aspen City Council August 28, 2000 Councilman McCabe moved to adopt Ordinance #33, Series of 2000 on second reading; seconded by Councilman Markalunas. Councilman Paulson said he is going to vote against this annexation as a protest to the heights allowed. Councilman Paulson said he feels the city needs to address this. Mayor Richards supports this, particularly since a TDR is being extinguished. Mayor Richards said the benefits to this application are that the city is getting two ADUs, the applicants are voluntarily building two single family houses rather than a duplex and single family house; the city will get a trail easement; the city will get a deed restricted unit. Mayor Richards said she supports breaking up the density rather than getting one large, higher structure. Roll call vote; Councilmembers Hershey, yes; Markalunas, yes; Paulson, no; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #39, SERIES OF 2000 - Charter Amendment Runoff Elections John Worcester, city attorney, told Council they may propose to amend the Charter by ordinance before it goes to the electorate. This ordinance proposes a runoff for Mayor and both Council seats unless 50% plus 1 vote is obtained. City Clerk Kathryn Koch presented a chart of the percentages for Council seats in the last 7 elections, noting with this history Council runoffs would have been required in every election but one. Councilman Hershey proposed amending the requirement for Council runoff to 45%. Councilman Hershey said he feels this may stifle potential candidates. Councilman McCabe agreed this runoff requirement will be a disincentive for people who would have to raise money for two elections. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Mayor Richards moved to adopt Ordinance #39, Series of 2000, amending it to 50% plus 1 vote for Mayor and 45% plus 1 vote to be elected to Council; seconded by Councilman Hershey. Roll call vote; Councilmembers McCabe, yes; Markalunas, yes; Paulson, yes; Hershey, yes; Mayor Richards, yes. Motion carried. 12 Regular Meeting Aspen City Council August 28, 2000 RESOLUTION #117, SERIES OF 2000 - Naming City Park Rebecca Schickling, assistant parks director, said there is a recently completed park at the water plant housing and staff is seeking appropriate names for the park. Councilman Markalunas suggested the park be named for A. E. Robison, Mayor of Aspen from 1943 to 1960. Robison had a lot to do with the water plant at the Thomas property, which is where this park is located. Councilman Markalunas said it is in keeping with naming other parks after Mayors, Wagner, Barnard, Willoughby and Garrisch. Another suggestion is to name the park after Governor Waite, the only Progressive Governor of Colorado, and who is buried in Red Butte Cemetery. Councilman Markalunas moved to adopt Resolution #117, Series of 200, naming the water place housing park "Robison-Waite Park"; seconded by Councilman Hershey. Roll call vote; Councilmembers Markalunas, yes; Hershey, yes; Paulson, yes; McCabe, yes; Mayor Richards, yes. Motion carried. RESOLUTION #118, SERIES OF 2000 - Burlingame Pre-annexation Agreement John Worcester, city attorney, said this agreement has been negotiated with the owners of the Bar/X Ranch and the city. This pre-annexation agreement was subject of an election in August. Worcester requested this be conditioned upon the lawsuits with Maroon Creek Club being resolved. Worcester entered into the record a letter from the Soldner family. Councilman Paulson said he feels governments should not sign annexation agreements with developers. Councilman Paulson said the city has locked themselves into a contract before review. Councilman Paulson said it does not make sense to sign an agreement without a public process. Councilman Hershey noted there was a public process; 60% of the voters voted to approve the pre-annexation agreement. The development will go through a full public process. Councilman Markalunas said he would like to see the land remain open space; however, the voters have voted on this issue. Mayor Richards said this is a private/public partnership that the city has been working on for 3 years. Every election the voters talk about public/private project. 13 Regular Meeting Aspen City Council August 28, 2000 Councilman McCabe moved to adopt Resolution #118, Series of 2000, conditioned upon the Maroon Creek Club lawsuit being settled; seconded by Mayor Richards. Roll call vote; Councilmembers Paulson, no; McCabe, yes; Markalunas, yes; Hershey, yes; Mayor Richards, yes. Motion carried. RESOLUTION #114, SERIES OF 2000 - Meadows Lot 8, 9, 10 SPA Supplement Agreement Sarah Oates, community development department, told Council there is no applicant present and this should be continued. Councilman Hershey moved to continue Resolution #114, Series of 2000, to September 25; seconded by Councilman Markalunas. All in favor, motion carried. RESOLUTION #119, SERIES OF 2000 - DRACO Right of First Refusal John Worcester, city attorney, told Council this would authorize the city to waive their right of first refusal. Lennie Oates, representing, the applicant, told Council this right of first refusal was entered into in 1989 when there were plans for a performing arts center and the city may have been interested in purchasing this property. Worcester said this waiver will state that the city waives all rights and first refusal from here forward on the entire property. Councilman McCabe moved to adopt Resolution #119, Series of 2000; seconded by Councilman Markalunas. All in favor, motion carried. RESOLUTION #112, SERIES OF 2000 - Eligibility of 220 Puppy Smith Street for COWOP Joyce Ohlson, community development department, reminded Council COWOP is development necessary for the convenience or welfare of the public. Council adopted a code amendment to allow them to determine if a project meets certain criteria, it may be handled through a new process. COWOP does not minimize the type of review or the standards to which development is held but is a process that will be more efficient and yield a better final product. 14 Regular Meeting Aspen City Council August 28, 2000 If a development is not eligible for COWOP process, the project will go through 2 reviews in front of HPC and P & Z. If the property is determined to be on the historic inventory, it will also have two reviews in front of HPC. Ms. Ohlson told Council 220 Puppy Smith street will be considered by HPC for the inventory. If 220 Puppy Smith street is eligible for COWOP, the project will go first to HPC for their input on whether this property is historic. This will determine how the design and development should evolve. The next step would be to convene a COWOP group. Suggestions for the task force are Councilmembers, a representative from ACES, housing authority, 2 members from the HPC, 2 members of P & Z, representative from post office, business person from S/C/I zone district and 2 members of the public, various staff members to create a development for this site. Troy Hooper asked if this has not already had some designation by HPC. Ms. Ohlson reiterated this property is included on the draft list of properties to be recommended to be included on the city's historic inventory. The HPC has taken no official action; nor has Council. Councilman Hershey asked if the property has not been determined to be historic, why put two HPC members on the COWOP task force. Steve Barwick, city manager, reminded Council HPC is the only Commission that a COWOP application still goes in front of for review. Barwick said having 2 HPC members will help the process. Barwick said if a property is historically designated, it does not preclude redevelopment of a property. Mayor Richards said historic designation should be heard and reviewed on its own merits. Hooper asked why this would be going through a COWOP process if it is going to be on the historic inventory. Councilman Hershey moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Mayor Richards. All in favor, motion carried. Councilman Paulson said he would prefer to table this resolution in order to get more information. Mayor Richards said she is willing to start the COWOP process and have Council and other representatives be involved from the start because of its sensitivity. Mayor Richards said any use of this will require a public vote unless it is redeveloped in its existing footprint. Staff is proposing this as an infill project and this process will give the city something to present to the voters. 15 Regular Meeting Aspen City Council August 28, 2000 Councilman Hershey moved to adopt Resolution #112, Series of 2000; seconded by Councilman Markalunas. Councilman Markalunas said this is a good chance for a pilot project. Councilman Markalunas said he hopes people, like ACES and neighbors, will give their input. Ms. Ohlson said ACES said they would like 2 representatives on this COWOP. Council said 1 representative is sufficient. Worcester said the task force will be voting on issues during the process. This does not mean other interested persons cannot attend the meetings. Ultimately Council will vote on the project. Council suggested a representative from the Sanitation District and a representative from the in-fill committee be added to the COWOP task force. Council agreed 1 member of HPC will be on the COWOP task force. Mayor Richards opened the public hearing. Troy Hooper said he does not feel the presentation had full disclosure on the historical significance of the cottage. Andrew Kole said he would like to be one of the public citizens on the COWOP task force. Mayor Richards closed the public hearing. Roll call vote; Councilmembers Markalunas, yes; Paulson, no; McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. RESOLUTION #108, SERIES OF 2000 - Ballot Questions Councilman Markalunas said he would like the phrase "to prevent free market development" stricken from the whereas on Bass Park. Councilman Markalunas moved to change "to prevent free market development" to "to prevent change of its current use as a park"; seconded by Councilman McCabe. All in favor, motion carried. This resolution proposes 5 questions be put before the voters in November. These are a 1% visitors tax; .5% open space sales tax; retention of excess property taxes; Bass Park property being kept as open space; and trading properties at Truscott and the golf course to facilitate the redevelopment. John Worcester, city attorney, pointed out a change on the visitor tax 16 Regular Meeting Aspen City Council August 28, 2000 question to add, "under contract with a professional entity such as the Aspen Chamber Resort Association or other similar marketing entity ". Councilman Paulson said he would like some assurance that open space will always been open space. Mayor Richards noted there was a Charter amendment adopted by the voters at the last election stating the city will replace any open space sold or traded dollar for dollar. That is about the best assurance there is. The electorate can always vote to sell open space. Councilman Paulson moved to adopt Resolution #108, Series of 2000, with the above amendment; seconded by Councilman Hershey. All in favor, motion carried. REQUEST FOR FUNDS - World Cup Mayor Richards said the Aspen Skiing Company is asking the city to be a sponsor and to contribute $5,000 towards the fireworks for World Cup. Councilman Paulson said he feels this is a fair amount; it is an important community event Councilman Paulson moved to approve a contribution of $5,000 from Council contingency; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; Hershey, yes; Paulson, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. Councilman Hershey moved to suspend the rules and extend the meeting until 10:00 p.m. and to go into executive session to discuss potential litigation at 9:e5 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Councilman Hershey moved to come out of executive session at 9:50 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Hershey moved to adjourn at 9:50 p.m.; seconded by Councilman Paulson. All in favor, motion carried. CITIZEN COMMENTS ................................ ................................ .............. 1 COUNCILMEMBER COMMENTS ................................ ........................... 1 CONSENT CALENDAR ................................ ................................ ............. 2 · Resolution #111, 2000 - Contract - Wheeler HVAC Design Contract .. 3 17 Regular Meeting Aspen City Council August 28, 2000 · Resolution #110, 2000 - Temporary Deputy Municipal Judge/Michael Hoffman ................................ ................................ ................................ ... 3 · Resolution #115, 2000 - Extension of Thrift Shop Lease ..................... 3 · Ordinance #40, 2000 - Code Amendment - Clean Air Board ............... 3 · Ordinance #41, 2000 - Aspen Mountain PUD Code Amendment ......... 3 · Ordinance #42, 2000 - Yellow Brick PU D Amendment ....................... 3 · Ordinance #43, 2000 - Sandunes Exempt Subdivision ......................... 3 · Ordinance #44, 2000 - Petrick Annexation ................................ ........... 3 · Request for Funds - Bear Proof Trash Receptacles ............................... 3 · Minutes - July 24, August 14, 2000 ................................ ...................... 3 RESOLUTION #116, SERIES OF 2000 - Regional Transit Authority ........ 4 ORDINANCE #27, SERIES OF 2000 - Sandunes Annexation .................... 5 RESOLUTION #113, 2000 - Witz Pre-annexation Agreement .................... 5 ORDINANCE #31. SERIES OF 2000 - Witz Initial Zoning and Lot Split ... 6 RESOLUTION #113, SERIES OF 2000 - Witz Pre-annexation Agreement ................................ ................................ ................................ .................... 10 ORDINANCE #32, SERIES OF 2000 - Witz Property Water Service Agreement ................................ ................................ ................................ .. 11 ORDINANCE #33, SERIES OF 2000 - Witz Annexation .......................... 11 ORDINANCE #39, SERIES OF 2000 - Charter Amendment Runoff Elections ................................ ................................ ................................ ..... 12 RESOLUTION #117, SERIES OF 2000 - Naming City Park ..................... 13 RESOLUTION #118, SERIES OF 2000 - Burlingame Pre-annexation Agreement ................................ ................................ ................................ .. 13 RESOLUTION #114, SERIES OF 2000 - Meadows Lot 8, 9, 10 SPA Supplement Agreement ................................ ................................ ............... 14 RESOLUTION #119, SERIES OF 2000 - DRACO Right of First Refusal . 14 RESOLUTION #112, SERIES OF 2000 - Eligibility of 220 Puppy Smith Street for COWOP ................................ ................................ ...................... 14 RESOLUTION #108, SERIES OF 2000 - Ballot Questions ........................ 16 REQUEST FOR FUNDS - World Cup ................................ ....................... 17 18