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HomeMy WebLinkAboutminutes.council.20000911Regular Meeting Aspen City Council September 11, 2000 Mayor Pro Tem Paulson called the meeting to order at 5:00 p.m. with Councilmembers Markalunas, McCabe and Hershey present. CITIZEN PARTICIPATION 1. Katharine Thalberg reminded Council she appeared before them 2 years ago talking about garbage and bears. Ms. Thalberg said at that time she requested the city take over trash collection. Council decided to establish an ordinance requiring people to be responsible for their trash. Ms. Thalberg noted it is not easy to train people. Ms. Thalberg said bears or humans may get hurt and it is a mistake for the city to rely on the current ordinance. Ms. Thalberg said the city takes on a lot of functions, like snow removal and street cleaning. Steve Barwick said daily trash collection is a very expensive proposal. There is also the issue of privatization. Ms. Thalberg said there might be some economies of scale for the city to do trash pick up. Lee Cassin, environmental health department, said there is a large educational effort beside just trash clean up. Councilman McCabe said daily trash pick up would cause environmental issues with trucks running through alleys daily, noise, etc. Councilman McCabe said it is time to increase the enforcement of existing ordinances. Ms. Thalberg said the problem should be solved before someone gets hurt. Councilman Markalunas suggested staff look into prohibiting garbage containers in the public right-of-way. Staff needs to look at a financial analysis of the city collecting garbage, what it will do to private businesses, look at neighborhood dumpsters. Mayor Pro Tem Paulson requested the environmental rangers come to the next brown bag meeting and decide what the next step should be. COUNCILMEMBER COMMENTS 1. Councilman Hershey noted the Aspen Skiing Company has gone out of their way to accommodate the day care programs being relocated from the Yellow Brick School. The Skiing Company has given space at Bumps and at Snowmass at very little cost to help out during the asbestos abatement. 1 Regular Meeting Aspen City Council September 11, 2000 2. Councilman Markalunas said voters should be aware of the impact of Amendment 21 on the November ballot, also known as "Tax Cut 2000" and what this will mean to special districts in the valley. Tabatha Miller, finance director, told Council the impact on the city would be about $560,000 the first year and within 3 or 4 years it will be about $2 million annually. 3. Councilman McCabe noted some citizens are saying the city should feed the bears. Councilman McCabe said do not feed the bears, let nature take its course. 4. Councilman Hershey moved to add Resolution #26, Series of 2000, Extension of time to file a plat, Molly Gibson, and Request for Funds - Sister Cities; to the consent calendar; seconded by Councilman McCabe. All in favor, motion carried. 5. Steve Barwick, city manager, requested Council add an executive session to the end of the meeting CONSENT CALENDAR Councilman Hershey moved to adopt the consent calendar as amended; seconded by Councilman Markalunas. The consent calendar is: 2 Regular Meeting Aspen City Council September 11, 2000 · RFTA Budget Resolution #3-2000 · Resolution #123, 2000 - Bar/X Annexation · Resolution #124, 2000 - Contract Pedestrian Safety Improvements Main Street · Resolution #122, 2000 - Ruedi Hydroelectric Plant Control Upgrades · Resolution #121, 2000 - Amendment to RTA - IGA · Resolution #126, 2000 - Extension of Time to file Molly Gibson Plat · Request for Funds - Sister Cities $3,000 from 2000 and $3,000 from 2001 contingency to develop Latin American Sister City · Minutes - August 28, 2000 Mayor Pro Tem Paulson stated he does not support the Bar/X annexation but will allow it to move forward as there will be more chances to discuss it. All in favor, motion carried. ORDINANCE #25, SERIES OF 2000 - Code Amendment Ditches Councilman Markalunas asked why this is being continued as he would like it resolved. Steve Barwick, city manager, told Council the parks department is short employees and this will be addressed in October. Councilman Markalunas moved to continue Ordinance #25, Series of 2000, to October 10, 2000; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE #35, SERIES OF 2000 - Ski Base Zone Joyce Ohlson, community development department, told Council this code amendment will create a new zone district, SKI, and should be discussed in context with the following ordinance. John Worcester, city attorney, said the public hearing record will be for both Ordinance #35, and #36 and will reference each other. 3 Regular Meeting Aspen City Council September 11, 2000 Ms. Ohlson reminded Council the Highlands PUD was approved by Pitkin County in 1998. This PUD was the ski area base, free market housing, affordable housing, tourist accommodations and commercial space. P & Z recommended approval of the code amendment SKI as well as assigning zoning to the Highlands. Ms. Ohlson told Council staff looked at the site specific development plan and tried to match the approved PUD to city zoning that would complement the PUD. Ms. Ohlson noted the water service agreement stated the city could not create any non-conforming uses. Ms. Ohlson showed a map of the Highlands areas, outlining the approved development plan and the proposed zoning. Site A is a residential component, Thunderbowl with 12 large single family lots, proposed to be zoned R-30. Sites B and C are a combination of townhomes, single family and affordable housing, proposed to be zoned RMF. These are being developed as a pod. Sites E and F are another pod of multi-family and affordable housing also proposed to be zoned RMF. Site G is also single family lots, smaller than site A, and proposed to be zoned R-15. Ms. Ohlson showed the parcels proposed to be zoned conservation. Site D is a multi-use, the village area, which contains ski area support services like tourist lodges, retail, administrative offices, lift operations. Ms. Ohlson said in order to accommodate these uses, staff proposed a code amendment to create a new zone, SKI. Ms. Ohlson noted staff looked at other ski resort communities to help establish this zone district. Staff and the Skiing Company reviewed this to make sure it contains the permitted and conditional uses required to run a ski area base. Ms. Ohlson told Council SKI zone would require a PUD so that they could review the master plan for any area requesting this zoning designation. Ms. Ohlson told Council Ordinance #36, besides assigning zoning, converts certain approvals granted by Pitkin County. The uses approved by Pitkin County are now conditional uses in the city. This will not require conditional use approval unless the uses are expanded or changed. The ordinance acknowledges that TDRs are used in this site. The ordinance exempts development at Aspen Highlands Village from 8040 greenline review as these were reviewed under the county's 1041 process. Councilman McCabe asked if residential design standards are required. Gideon Kaufman, representing Aspen Highlands Village, said the county 4 Regular Meeting Aspen City Council September 11, 2000 approved the entire design of the village and it does not comply with the city's design review. Councilman Markalunas said under permitted uses one of them is "special events associated with ski areas including such events as ski races, bicycle races and concerts". Councilman Markalunas said he would not want to adopt this and give carte blanche to concerts; these should be a special event review. The ski races seem to fit with a ski area. Glenn Horn, representing the applicant, told Council they did not want to set this up so that the applicant would have to go through a land use process for some of these event. Horn suggested "subject to special event permit review" be added. Councilman McCabe suggested moving fire station and police station to permitted rather than conditional uses. John Worcester, city attorney, told Council conditional uses are reviewed to make sure it is appropriate for the area. Ms. Ohlson said a conditional use is one meeting before P & Z to look at the request and if necessary add any conditions. Councilman Markalunas said maintenance facilities should be conditional uses but he agreed police and fire station should be permitted uses. Worcester pointed out the ordinance should be amended to include the standard separation and non- litigation clauses. Councilman Hershey moved to amend Ordinances #35 and 36, Series of 2000, to include the separation and non-litigation clauses; seconded by Councilman Markalunas. All in favor, motion carried. Mayor Pro Tem Paulson opened the public hearing on Ordinances #35 and 35, Series of 2000. There were no comments. Mayor Pro Tem Paulson closed the public hearing. Councilman McCabe moved to adopt Ordinance #35, Series of 2000, amending the permitted and conditional uses to include "subject to special events review" and to add police and fire station to permitted uses; seconded by Councilman Hershey. Roll call vote; Councilmembers Markalunas, yes; Hershey; yes; McCabe, yes; Mayor Pro Tem Paulson, yes. Motion carried. Councilman Markalunas moved to adopt Ordinance #36, Series of 2000, as amended; seconded by Councilman Hershey. Councilman McCabe asked if this zone will accommodate a gondola. Ms Ohlson answered the SKI zone covers all uses that are appurtenant to skiing. 5 Regular Meeting Aspen City Council September 11, 2000 Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Markalunas, yes; Mayor Pro Tem Paulson, yes. Motion carried. ORDINANCE #37, SERIES OF 2000 - Red Brick PUD Amendment Joyce Ohlson, community development department, said the city owns this building located on east Hallam zoned Public, which serves as an arts and recreation center. The PUD was approved in 1993. P & Z recommends these two changes to the PUD. Ms. Ohlson told Council this building is proposed to be listed on the historic inventory. The two requested amendments to the PUD are to build a conference room on the west end of the building by enclosing a loading dock. This will also create a storage area for the tenants of the Red Brick building. The second amendment is a canopy along the west gymnasium wall. The existing canopy does not function well. This is becoming a structural problem with the snow shedding causing cracks in the building. It is also a safety issue and the canopy will prevent snow loads from landing on people. Tim Anderson, recreation director, told Council they have worked with the neighbors, the Arts Council, and have had recommendations from HPC. The canopy will be translucent material. Anderson told Council there is funding for the canopy through the asset management plan. Funding is not available for the conference room. Councilman Markalunas said he would like to see a sidewalk built along Aspen street to make this a better pedestrian corridor. Councilman Markalunas asked if the HPC addressed the façade along the south side of the gymnasium. Anderson said they did look at the pedestrian connection and will follow up on that. Mayor Pro Tem Paulson opened the public hearing. Liz Bokram, managing director of Aspen Theatre in the Park - a tenant in the Red Brick, supports this amendment as both the conference and storage spaces are needed. Ms. Bokram said they agree the sidewalk is important. Councilman Markalunas moved to table Ordinance #37, Series of 2000, for 30 minutes in order to wait for public input; seconded by Councilman Hershey. All in favor, motion carried. 6 Regular Meeting Aspen City Council September 11, 2000 ORDINANCE #38, SERIES OF 2000 - Code Amendment NC Zone Uses Kolor Wheel Nick Lelack, community development department, reminded Council they granted Kolor Wheel two temporary uses to remain in business in the NC zone. This temporary use is for 600 square feet containing a studio, small office and small retail. P & Z had a public hearing and unanimously recommended approval. Lelack told Council the purpose of the Neighborhood Commercial (NC) zone is "to allow small convenience retail establishments as part of a neighborhood, that are designed and planned to be compatible with the surrounding neighborhood, to reduce traffic generation, and mitigate traffic circulation and parking problems, and to serve the daily or frequent trade or service needs of the neighborhood". Lelack said staff does not believe that Kolor Wheel serves the daily or frequent trade or service needs of the neighborhood. Lelack said the NC zone is to allow small, convenience retail establishments to meet people's daily needs. The second issue is that this be consistent with the AACP; staff does not believe this is consistent. Lelack pointed out the AACP calls for adding more NC zones to undeveloped commercial land in the city. Allowing "paint your own ceramics, arts and crafts studio" may impact what is allowed in this zone district in the future. Lelack reiterated staff does not believe this code amendment meets the two criteria required for a code amendment. Lelack told Council staff feels this would be more appropriate in the SCI or CC zone districts. Lelack said it is important to preserve the NC zone for what it is intended. Lelack noted P & Z directed staff to draft a definition of "paint your own ceramics, arts and crafts studio" to narrowly define this type of business to preclude high-end ceramic art studios from locating in the NC zone. Lelack told Council this code amendment has been written to allow " paint your own ceramics, arts and crafts studio" as a conditional rather than permitted use. Kathy Shulman, applicant, showed Council some examples of paint your own ceramics and a scrapbook of happenings at Kolor Wheel. Ms. Shulman said this has been a very positive business, there have been a lot of kids using the service. Ms. Shulman said the rents in the CC zone district are too 7 Regular Meeting Aspen City Council September 11, 2000 high for this type of business, and getting to the SCI zone district is inconvenient and not as safe. This business is located on bus routes and next to a market. Ms. Shulman said she has enjoyed making a different in the community. Mayor Pro Tem Paulson opened the public hearing. Katie Sullivan told Council she is in favor of this code amendment. It is a community service, it appeals to kids, and it is established in this location. Joshua Saslove, owner of the building, said this space is leased to someone who has created an atmosphere that is safe for children, a place for them to be imaginative. Mayor Pro Tem closed the public hearing. Councilman Hershey said this community has lost a lot of what makes it unique; this business is unique. Councilman Hershey agreed the SCI zone district is not in the best location for kids. Councilman Markalunas said he would support this as a conditional use. Councilman McCabe said he feels this sets a bad precedent. The SCI zone is located near a market, a Laundromat, video store, has public transportation access and parking. Councilman McCabe said he feels there are places in the SCI zone that would be perfect for this use. Mayor Pro Tem Paulson said he supports this code amendment as they have been in business for 1-1/2 years and it seems an appropriate use for the NC zone. Councilman Hershey moved to adopt Ordinance #38, Series of 2000, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Hershey, yes; McCabe, no; Markalunas, yes; Mayor Pro Tem Paulson, yes. Motion carried. ORDINANCE #40, SERIES OF 2000 - Code Amendment Clean Air Board Jannette Whitcomb, environmental health department, told Council this code amendment will eliminate references to the Clean Air Board in the Municipal Code. The Clean Air Board was disbanded earlier this year as P & Z, RFTA and RTA are addressing air issues. Ms. Whitcomb said staff is committed to clean air and will continue to enforce smoking, restaurant 8 Regular Meeting Aspen City Council September 11, 2000 grills and fireplace laws. Council has adopted the ecological bill of rights, which addresses improving air quality. Mayor Pro Tem Paulson opened the public hearing. There were no comments. Mayor Pro Tem Paulson closed the public hearing. Mayor Pro Tem Paulson said this does not mean the city has clean air, it is just eliminating obsolete references from the municipal code. Councilman McCabe moved to adopt Ordinance #40, Series of 2000, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Hershey, yes; Markalunas, yes; McCabe, yes; Mayor Pro Tem Paulson, yes. Motion carried. ORDINANCE #44, SERIES OF 2000 - Petrick Annexation Councilman Hershey moved to continue to October 23; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE #37, SERIES OF 2000 - Red Brick PUD Amendment Councilman Hershey moved to take Ordinance #37, Series of 2000, from the table; seconded by Councilman Markalunas. All in favor, motion carried. There were no further public comments. Councilman Hershey moved to adopt Ordinance #37, Series of 2000, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Markalunas, yes; Mayor Pro Tem Paulson, yes. Motion carried. RESOLUTION #120, SERIES OF 2000 - Eligibility of Burlingame/Bar/X Ranch for COWOP Councilman Hershey moved to continue this to September 25; seconded by Councilman Markalunas. All in favor with the exception of Mayor Pro Tem Paulson, motion carried. REQUEST FOR FUNDS - Childcare 9 Regular Meeting Aspen City Council September 11, 2000 Steve Barwick, city manager, told Council this request is for $25,000 to come out of the housing/day care funds as a loan. This money will be provided on a case by case basis to cover costs incurred from the asbestos removal at the Yellow Brick school. Councilman Markalunas moved to approve request for funds of $25,000 from the housing/daycare funds as a loan; seconded by Councilman McCabe. All in favor, motion carried. RESOLUTION #125, SERIES OF 2000 - Amendment to Ballot Language John Worcester, city attorney, told Council there are amendments to two ballot questions. The first is to the excess property tax question. Originally this question asked to retain excess property taxes for the years 1999 to 2003. The amount of excess property tax revenues for 1999 will be $9,000 and the second year will go up to $500,000. Staff did not want voters to think they were approving a total of $125,000 rather than up to $1.5 or $2 million dollars. Staff is recommending the years for excess property tax revenues be 2000 to 2004 and will provide the Iselin Park project with those excess revenues. The second change is to the Bass Park question. Worcester told Council that Bass Park cost $3.4 million, not $3.33 million, and a small portion of the cost came from the sixth penny. Hal Clark told Council this land has been a park since 1971 and the city leased it as a park from 1986 until they purchased it in 1999. Clark said Bass Park was purchased by the city with funds loaned from the housing fund as the other funds did not have the money. The city's intent was to have an election to determine how the property should be used and the voters turned down all 4 options. Clark said he supports the ballot question; however, the $100,000 from the sixth penny should be acknowledged in the question. Worcester said the Charter requires a vote when the use of public open space is changed. Worcester said the city could argue Bass Park was never purchased as open space but was purchased in order to get it off the free market until Council decided what to do with the property. Worcester said Council was not of a single mind what to do with the property when it was purchased. 10 Regular Meeting Aspen City Council September 11, 2000 Councilman Markalunas suggested the question be amended to include that the open space fund will be paid back the $100,000. Charles Fagan noted the Charter uses the term "acquired", which does not necessarily mean purchased. Fagan said there has been a lease on Bass park since 1971. Fagan said there is a reasonable argument that the property was acquired as open space at that time. Fagan said if more than half of Bass park is used for affordable housing, this would have to go to a vote. Councilman Markalunas said he feels that acquisition means actually getting a title. Councilman Hershey moved to adopt Resolution #125, Series of 2000; seconded by Councilman Markalunas. Worcester suggested amending the question to read, "If the November 2000 ballot question to increase open space or this question fails, it is the intention of the City Council to develop Bass Park for affordable housing and to reimburse the parks and open space fund the $100,000 the fund paid towards the original purchase of the property" . Councilman Hershey amended his motion to include the suggested language; seconded by Councilman Markalunas. Finance Director Tabatha Miller pointed out the property cost $3.44 million and the cost should be changed in the question. Councilman Hershey amended his motion to note that $3.34 is the affordable housing fund; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Hershey moved to go into executive session at 7:30 p.m. for the purpose of discussing litigation; seconded by Councilman McCabe. All in favor, motion carried. Councilman Hershey moved to come out of executive session at 8:10 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas moved to adjourn at 8:10 p.m.; seconded by Councilman Hershey. 11 Regular Meeting Aspen City Council September 11, 2000 Kathryn S. Koch, City Clerk 12 Regular Meeting Aspen City Council September 11, 2000 CITIZEN PARTICIPATION ................................ ................................ ....... 1 COUNCILMEMBER COMMENTS ................................ ........................... 1 CONSENT CALENDAR ................................ ................................ ............. 2 · RFTA Budget Resolution #3-2000 ................................ ....................... 3 · Resolution #123, 2000 - Bar/X Annexation ................................ .......... 3 · Resolution #124, 2000 - Contract Pedestrian Safety Improvements Main Street ................................ ................................ .............................. 3 · Reso lution #122, 2000 - Ruedi Hydroelectric Plant Control Upgrades . 3 · Resolution #121, 2000 - Amendment to RTA - IGA ............................ 3 · Resolution #126, 2000 - Extension of Time to file Molly Gibson Plat . 3 · Request for Funds - Sister Cities $3,000 from 2000 and $3,000 from 2001 contingency to develop Latin American Sister City ......................... 3 · Minutes - August 28, 2000 ................................ ................................ ... 3 ORDINANCE #25, SERIES OF 2000 - Code Amendment Ditches ............. 3 ORDINANCE #35, SERIES OF 2000 - Ski Base Zone ............................... 3 ORDINANCE #37, SERIES OF 2000 - Red Brick PUD Amendment ......... 6 ORDINANCE #38, SERIES OF 2000 - Code Amendment NC Zone Uses Kolor Wheel ................................ ................................ ................................ 7 ORDINANCE #40, SERIES OF 2000 - Code Amendment Clean Air Board 8 ORDINANCE #44, SERIES OF 2000 - Petrick Annexation ........................ 9 ORDINANCE #37, SERIES OF 2000 - Red Brick PUD Amendment ......... 9 RESOLUTION #120, SERIES OF 2000 - Eligibility of Burlingame/Bar/X Ranch for COWOP ................................ ................................ ...................... 9 REQUEST FOR FUNDS - Childcare ................................ .......................... 9 RESOLUTION #125, SERIES OF 2000 - Amendment to Ballot Language 10 13