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Home My WebLink Aboutminutes.council.20001010Regular Meeting Aspen City Council October 10, 2000 Mayor Pro Tem Paulson called the meeting to order at 5:00 p.m. with Councilmembers Hershey and Markalunas present. PROCLAMATION John Denver Week Mayor Pro Tem Paulson and Council proclaimed October 11 - 15 as John Denver Week. Annie Denver presented a check for $60,000 as a contribution toward the John Denver Sanctuary, located at the south edge of the Rio Grande park, along the Roaring Fork river. Ms. Denver said the parks department has done a wonderful job. The sanctuary will be a beautiful place. Words from John Denver's songs will be etched in large boulders. PROCLAMATION - Margaret Conner Mayor and Council proclaimed October 10, 2000 as Margaret Conner day in honor of her life and contributions to Aspen. CITIZEN COMMENTS Jack Reid, streets department, thanked Council for 11 wonderful years with the city. Reid said Aspen has the best streets and fleet in the state. COUNCILMEMBER COMMENTS 1. Councilman Markalunas commended Councilman Hershey for his insightful support of the RTA. Councilman Markalunas said this valley needs a comprehensive transit system and Hershey's support will help get to that goal. 2. Councilman Hershey requested VI(b) Supplemental Budget Request - House Size, be removed from the consent calendar. 3. Councilman Hershey said this was Aspen High School's homecoming weekend. There were a lot of families watching the sports activities and it was a lot of fun. 4. Councilman Markalunas asked if the structure on Lot Q referred to in Ordinance #49 has any historic significance. Julie Ann Woods, community development department, said the historic officer reviewed it and indicated it is not eligible for listing. Councilman Markalunas said for second reading he would like to make sure this has no historic significance. 1 Regular Meeting Aspen City Council October 10, 2000 5. Councilman Hershey moved to continue VI(g) Resolution # 132, Remote Park Study to 10/23 and to add as the last action item Resolution #133, IGA with Pitkin County on Flanigan Acquisition; seconded by Councilman Markalunas. All in favor, motion carried. CONSENT CALENDAR Councilman Hershey moved to read Ordinance #49, Series of 2000; seconded by Councilman Markalunas. All in favor, motion carried. O N0. 49 RDINANCE (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS P, Q, R, AND S OF BLOCK 21, CITY AND TOWNSITE OF ASPEN, CITY OF ASPEN , PITKIN COUNTY, COLORADO Councilman Markalunas moved to adopt the consent calendar as amended; seconded by Councilman Hershey. The consent calendar is: · Ordinance #49, 2000 - Silverman Doremus Lot Split · Request for funds – City gifts for volunteers and official visitors Approved $1781 from Council contingency · Request for funds - Participation in International All Star Baseball Tournament - Approved $750 from general funds to Council operating funds for Andrew MacCracken · Request for funds - Council Representation at 2000 Tourism Summits - Approved $4,000 be transferred from general fund balance to Council operating funds for one City Council member to represent Aspen · Supplemental Appropriation Request for Deicer Compounds · Minutes - September 11, 25, 2000 Roll call vote; Councilmembers Markalunas, yes; Hershey, yes; Mayor Pro Tem Paulson, yes. Motion carried. 2 Regular Meeting Aspen City Council October 10, 2000 ORDINANCE #45 AND ORDINANCE #46, SERIES OF 2000 - Visitor Benefit Tax and Code Amendment Taxation Title Councilman Hershey moved to continue Ordinance #45 and 46, Series of 2000, to October 23; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #47, SERIES OF 2000 - Stay on Demolition Permits for Properties on Historic Inventory Councilman Hershey moved to read Ordinance #47, Series of 2000; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE NO. 47 SERIES OF 2000 AN ORDINANCE OF THE ASPEN CITY COUNCIL ENACTING A TEMPORARY STAY ON DEMOLITION PERMITS FOR CERTAIN PROPERTIES UNDER CONSIDERATION FOR THE CITY OF ASPEN INVENTORY OF HISTORIC SITES AND STRUCTURES Amy Guthrie, community development department, told Council this ordinance places a stay on demolition permits for properties that were built at least 50 years ago. This stay is an additional 4 months for a total of 12 properties. Councilman Hershey said he supports a stay on any property over 50 years. Ms. Guthrie said properties built after World War II will be rd discussed at the October 23 Council meeting. Jackie Mastrangelo noted that the city put up screens that did not meet the historic guidelines because these screens were less expensive. Ms. Mastrangelo noted cost is an issue private property owners face with historic preservation. Councilman Markalunas moved to adopt Ordinance #47, Series of 2000, on first reading including exhibits A and B; seconded by Councilman Hershey. Roll call vote; Councilmembers Hershey, yes; Markalunas, yes; Mayor Pro Tem Paulson, yes. Motion carried. ORDINANCE $48, SERIES OF 2000 - Petrick Initial Zoning Nick Lelack, community development department, reminded Council there is an action for annexation pending on this parcel. When land is annexed into the city, the city is required to zone the land. The applicant has 3 Regular Meeting Aspen City Council October 10, 2000 requested this be zoned R-15, medium density residential. Lelack showed Council the 4.5 acre parcel between Cemetery Lane and the Red Butte park zone. Lelack said the current zoning in the County is AFR-10, which is single family residential and would allow a duplex and a caretaker unit through the growth management review. Lelack presented a chart comparing the dimensional requirements of county zone AFR-10, city R-15 and city RR zones. Lelack showed the surrounding property uses and zone districts. Lelack recommended R-15 as the most compatible with the surrounding zones. Lelack noted there will be some non-conformities as this structure is already built. A PUD overlay could establish the building with the existing dimensions and take away the non- conforming status; however, if the building were to be razed, it could be rebuilt with that approved mass. P & Z recommended R-15 zoning without the PUD The applicant will confirm the floor area at the public hearing. The maximum in city R-15 zone would be 8,461 for a duplex. The maximum floor area in the county would be 15,000 square feet. Lelack suggested a pre-annexation agreement stating that the existing structure or any other replacement structure on the property shall not exceed the current size or dimensional requirements of the approved zone district. Mitch Haas, representing the applicant, told Council the applicant applied for annexation into the city as the city zone would allow a duplex with an ADU for each side. Haas said the applicant could go through the GMP process in the county and get approval for a duplex and a caretaker unit. The total increased density in the city would be one ADU. Art Phillips, neighbor, said he would rather not see this property change from a single-family dwelling. Phillips told Council the property owners paid to have the road engineered and brought into the city. The previous property owner did not pay for any of this road. Phillips told Council there is a petition signed by adjacent residents opposing this annexation. Petrick told Council he has a petition of support from some adjacent property owner. Neil Hirsh, lot 8 Pitkin Mesa, said the north driveway was never approved and is not a legal access. Petrick said he has not heard about the north driveway. Petrick told Council there is a garage with room for 2 cars stacked on each side and there will be 2 parking spaces on left and in back of 4 Regular Meeting Aspen City Council October 10, 2000 the building. An adjacent neighbor said there has been problems with rocks coming down. This is a safety issue for parking. Haas said one of the applicant's intentions is to stabilize the slope. Haas said the prior owner did excavation. Lelack said Council can address the driveway issue at the annexation hearing. Councilman Hershey said his concern is the applicant has gotten the benefit of building in the county and now wants the advantages of city zoning. Councilman Hershey said this is not fair to the neighbors unless the applicant can address their concerns. Petrick told Council he has offered to extend the retaining wall. Petrick said he will meet with neighbors to see if this will accommodate their concerns. Haas noted the applicant has proposed two ADUs because they thought the city would want the additional ADUs. The applicant can live with only 1 ADU. Hirsch requested Council require the outside of the building be finished. Petrick accepted that request. Councilman Markalunas asked how this got through the 1041 review. Haas said this project was approved in 1989 and the county did not change the review standards until 1994. Councilman Markalunas recommended this go to public hearing to see if conditions can be made to make this a better situation for the neighborhood. Councilman Markalunas recommended revegetation and completion of the exterior façade. Councilman Markalunas moved to adopt Ordinance #48, Series of 2000, on first reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Hershey, yes; Markalunas, yes; Mayor Pro Tem Paulson, yes. Motion carried. SUPPLEMENTAL BUDGET REQUEST - House Size Study Julie Ann Woods, community development department, requested $4,000 to complete the house size control project. This will be testing the proposed code language with actual case studies as well as drafting final code language. Councilman Hershey said he opposed the initial expenditure. To date this has cost $23,000 and he does not support another $4,000 expenditure. 5 Regular Meeting Aspen City Council October 10, 2000 Councilman Markalunas moved to approve the supplemental request for $4,000 for house size study; seconded by Councilman Paulson. All in favor with the exception of Councilman Hershey, motion carried. RESOLUTION #133, SERIES OF 2000 - IGA with Pitkin County on Flanagan Purchase David Hoefer, assistant city attorney, told Council this resolution would approve an intergovernmental agreement between the city and Pitkin County to fund a proposed land acquisition. The Flanigan land is located on Smuggler Mountain and is approximately 37 acres. The proposal is to split the cost with the Open Space and Trails board $630,000 each. The contribution is conditioned upon the passage of the 1/2-cent sales tax question on the November ballot. Hoefer noted the two governments will agree to develop a management plan for the preservation of the property. John Kelly, representing Flanigan, told Council they have been working hard on this agreement and will produce a survey of the property . Kelly showed Council where this property is located. Council agreed they are interested in participating in the purchase and in seeing the land preserved as open space. Councilman Hershey moved to approve Resolution #133, Series of 2000; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Hershey moved to adjourn at 6:30 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Kathryn S. Koch, City Clerk 6 Regular Meeting Aspen City Council October 10, 2000 PROCLAMATION - Margaret Conner ................................ ........................ 1 CITIZEN COMMENTS ................................ ................................ .............. 1 COUNCILMEMBER COMMENTS ................................ ........................... 1 CONSENT CALENDAR ................................ ................................ ............. 2 · Ordinance #49, 2000 - Silverman Doremus Lot Split ........................... 2 · Request for funds – City gifts for volunteers and official visitors Approved $1781 from Council contingency ................................ ............. 2 · Request for funds - Participation in International All Star Baseball Tournament - Approved $750 from general funds to Council operating funds for Andrew MacCracken ................................ ................................ 2 · Request for funds - C ouncil Representation at 2000 Tourism Summits - Approved $4,000 be transferred from general fund balance to Council operating funds for one City Council member to represent Aspen ............ 2 · Supplemental Appropriation Request for Deic er Compounds .............. 2 · Minutes - September 11, 25, 2000 ................................ ........................ 2 ORDINANCE #45 AND ORDINANCE #46, SERIES OF 2000 - Visitor Benefit Tax and Code Amendment Taxation Title ................................ ....... 3 ORDINANCE #47, SERIES OF 2000 - Stay on Demolition Permits for Properties on Historic Inventory ................................ ................................ .. 3 ORDINANCE $48, SERIES OF 2000 - Petrick Initial Zoning ..................... 3 SUPPLEMENTAL BUDGET REQUEST - House Size Study .................... 5 RESOLUTION #133, SERIES OF 2000 - IGA with Pitkin County on Flanagan Purchase ................................ ................................ ....................... 6 7