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HomeMy WebLinkAboutminutes.council.19990809Regular Meeting Aspen City Council August 9, 1999 Mayor Richards called the meeting to order at 5:05 p.m. with members Markalunas, Hershey, McCabe and Paulson present. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilman Hershey said he and Mayor Richards had an impromptu meeting with citizens from Kyoto, Japan. They discussed the history of Aspen as well as cultural differences. 2. Mayor Richards reported on the Club 20 meeting at which they passed a resolution supporting Governor Owens transportation bill and included specific language acknowledging the overall growth in the state which is driving the demand for transit and highway projects. The resolution asks the legislature to come back with additional revenue sources. 3. City Manager Margerum said there is no truth to the rumor that the roundabout is over budget. Ms. Margerum said the roundabout is within the adopted $6.4 million budget. Stan Berryman, project manager, reported that Centennial has been doing a good job of cost control and CDOT requires documentation. Randy Ready, assistant city manager, said phase III, roundabout operations, was scheduled for August 23 and will now be August 28. Ready said they want to make this changeover on a weekend rather than weekday. Councilman Paulson said citizens have noted that the construction crews could do a better job and in a more timely fashion. Ready said the crews do work Saturdays and are working overtime on their shifts. There are personal and safety concerns because the crew all comes from Silt or farther away. There is a penalty for not having the job done on time. CONSENT CALENDAR Councilman Paulson moved to read ordinance #34, Series of 1999; seconded by Councilman Markalunas. All in favor, motion carried. 1 Regular Meeting Aspen City Council August 9, 1999 ORDINANCE #34 Series of 1999 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.104.100, DEFINITIONS, “SIGN” AND SECTION 26.510, SIGNS was read by Jackie Lothian Mayor Richards noted Karl Ziesler is being added to the appointments for the Aspen Planning Commission. City Attorney John Worcester requested Resolution #65 be amended as the construction fees were understated by $250,000. Councilman McCabe moved to amend Resolution #65, Series of 1999, increasing the construction fees by $250,000; seconded by Councilman Hershey. All in favor, motion carried. Worcester noted the Smuggler Underground District will be going to the voters this fall. Worcester said this resolution schedules a public hearing August 30 and the residents will receive notice from the city what the proposed costs are for each property. The residents, not the city, will pay the costs in the district. Mayor Richards said she would like an analysis on the potential building rights of the proposed annexation if the property were to stay in the county. Mayor Richards said she would also like the history of the vesting and the rights. Mayor Richards said she is concerned about creating additional FAR by putting the parcel within the city. Mayor Richards said she would also like to know whether the applicants have a lot split by right in the county. Mayor Richards asked if the proposed November election will be polling place or mail ballot election. City Attorney Worcester said it will be a polling place election. Councilman Paulson moved to adopt the consent calendar as amended; seconded by Councilman Markalunas. The consent calendar is: 2 Regular Meeting Aspen City Council August 9, 1999 · Resolution #64, 1999 – Calling Special Election – November 2, 1999 · Ordinance #34, 1999 – Land Use Code Definitions – Signs and Window Displays · Resolution #65, 1999 – Smuggler Underground District Bid Award · Resolution #66, 1999 – Sales Contract – Burlingame/MAA Parcel · Resolution #67, 1999 – Annexation Sandunes L.P. · Boards and Commission Appointments Housing – Tim Semrau, Jackie Kasabach LLA – Julie Peters CAB – Anne Uhfelder RFTA - George Detko CCLC - Terry Butler Wheeler - Carol Loewenstern, Jon Busch Asset Mgt. - Helen Klanderud, Robert Meyers and Karl Zeisler Board of Adjustment, - Charlie Patterson Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. RESOLUTION #70,SERIES OF 1999 – Approving TCI Franchise Extension for One Year City Manager Amy Margerum, reminded Council staff has been working with TCI/AT&T on a new franchise for cable services. The existing franchise agreement expires in August. Staff is still negotiating with TCI and recommends extension of the existing agreement for one year. Ms. Margerum noted this extension agreement is written so that an election can be held if a longer franchise agreement can be brought forward. Ms. Margerum said earlier in the year Council approved funding for a study of a potential municipal cable service, which will be done by NMPP. This study will be done this summer. The Aspen Institute Community Forum is interested in telecommunications and will convene a valley-wide group to look at it as a larger issue. Ms. Margerum said TCI has submitted a letter indicating their intent to supply the city with a 550-megahertz system, which is something the city wanted. Ms. Margerum said an issue with TCI is the term of the extended franchise agreement. Jim Niswender, TCI/AT&T manager, said they have been working on a financial analysis to see what it will take to get this into 3 Regular Meeting Aspen City Council August 9, 1999 550 megahertz cable system. Niswender said they are confident they can get this working with a full fiber optic backbone. This will also allow high speed internet service to be brought into the valley, as well as two-way ability. Councilman Hershey moved to adopt Resolution #70, Series of 1999; seconded by Councilman McCabe. All in favor, motion carried. RESOLUTION #68, SERIES OF 1999 – Ballot Language John Worcester, city attorney, told Council there are several proposed ballot questions. Council still has another regularly scheduled meeting at which to th adopt these questions before the September 8 ballot deadline Mayor Richards noted there were no open space funds used to purchase Burlingame Ranch so that should be deleted from the whereases in the resolution.. The intention was to use Burlingame for open space and housing but to put open space in the question confuses the question. Councilman Markalunas said he feels the Burlingame Ranch does have some open space acquisition. Worcester pointed out this refers to a factual statement and only housing/day care funds were used to purchase the property. Councilman Markalunas agreed that “open space funds” could be deleted. Mayor Richards agreed the intention is to leave the majority of Burlingame Ranch to open space. Amy Margerum, city manager, suggested the phase “with the intention of using the property for affordable housing and open space” and delete “acquisition”. Mayor Richards said in the excess revenue question, Council discussed pedestrian improvements throughout the city, not just in the downtown. Mayor Richards suggested putting in the question that this will not change the city’s budgeted amount of sidewalk construction each year; that these excess revenues will be used in conjunction with that budgeted amount. Councilman Hershey said if the city had not purchased Burlingame Ranch, a private developer would have subdivided and built several houses. There are water table concerns from adjacent property owners; however, there could have been a lot more houses. Councilman Hershey said this question limits the size of house. Mayor Richards asked about including the height pole restriction. Councilman Markalunas suggested requiring xeriscaping. Worcester said this does not need to be in the ballot question for Council to 4 Regular Meeting Aspen City Council August 9, 1999 impose this in the deed restriction. Worcester cautioned against making the ballot language too lengthy. Mayor Richards suggested this could be included in the resolution so that any adjacent property owners would have an indication of the possible restrictions. Councilman McCabe suggested using the fire barrier as the division between landscaping and xeriscaping. Mayor Richards said it is reasonable for property owners to have some lawn outside their house. Mayor Richards suggested “mandatory” occupancy for the ADU be in the ballot question. Jim Curtis told Council as part of the 1041 application to Pitkin County, all the restrictions will be covered. Curtis suggested he prepare a draft of this application as an information item for Council. Mayor Richards asked if Council is comfortable with limiting the house to 5000 square feet with the ability to go up to 7500 square feet with the purchase of a TDR. Councilman Paulson said he is not comfortable; it is a disservice to the neighborhood as this will be the largest house in the area. Councilman Hershey said any of the existing houses can be torn down and rebuilt larger. Mayor Richards said she is comfortable. Councilman Paulson suggested two TDRs for 1,000 square feet each. Councilman McCabe agreed. Worcester said he can change the question to “up to 7000 square feet” and deal with the exchange of TDRs in the deed restrictions. Councilman Hershey said he is concerned that voters may not be clear that this is a sale of only a portion of the Burlingame Ranch. Mayor Richards suggestion “a 37 acre portion” used to purchase “the 219 acre Burlingame Ranch” to show this is not the entire property. Mayor Richards said “and open space” should not be included in the question because the property was bought with day care funds, not open space funds. Worcester told Council this question will authorize the city to sell this property; however, it will not require the city to sell it. Councilman Markalunas said it is important to convey to the voters that not all of Burlingame will be developed but that the city purchased it for conservation values also. Mayor Richards said she agrees; however, this question should not be confused that this property was bought with open space funds. Councilman Paulson suggested including how large the conservation easement of this 37 acre parcel will be so that people can make that comparison “and the remaining X acres of conservation”. Council agreed. 5 Regular Meeting Aspen City Council August 9, 1999 Question 2 is the authorization to spend $158,275 in excess property taxes for pedestrian improvements. Mayor Richards suggested changing the ballot title to “linking residential areas throughout the city” and deleting the word “downtown”. Mayor Richards recommended incorporating her earlier comment that these will be in additional to already budgeted funds. Ms. Margerum said she is concerned about the language, “as approved by affected neighborhoods” as there is no process for this approval. Ms. Margerum said Council discussed asking the neighborhoods what their priorities would be. Council agreed to change it to “recommended by neighborhoods”. Question No. 3 concerns the Smuggler Area Undergrounding District. Mayor Richards asked if there is a way in the question to state that solely the residents of the neighborhoods will pay the bonds. Councilman Hershey suggested “a repayment cost of up to $1,350,000 to be incurred by that district”. Council agreed. Questions No. 4 through 7 concern Bass Park. Mayor Richards reminded Council Bass Park was bought with affordable housing money and $100,000 of open space fund. Mayor Richards said if the voters do not vote for an increase in sales tax to keep this 100 percent park and vote no for affordable housing, there will be no funding source for this property. Steve Barwick, assistant city manager, noted there are 4 options dealing with Bass Park; 100 percent park, 50 percent park and 50 percent affordable housing; sale of the property; 100 percent affordable housing. Barwick said the question needs to state that the fall back position is also 100 percent affordable housing so that if all 4 questions fail, housing will be allowed on Bass Park. Ms. Margerum suggested this be in the last of the 4 questions, Shall the city be authorized to develop the entire site of Bass Park as an affordable housing project (if none of the above ballot questions pass, this is also the default use for the property)”. People could vote for this question if affordable housing is what they want. Ms. Margerum said if that statement is in all 4 questions, it will be confusing. Councilman Hershey asked if all 4 questions pass, is it the one with the most votes that will be the option. Worcester said that is correct. Worcester reminded Council according to state law, Tabor questions must proceed city non-Tabor questions. Mayor Richards suggested a preamble with a history of Bass Park, how large it is, where it is located, why the city purchased it, for how much, out 6 Regular Meeting Aspen City Council August 9, 1999 of what funds. Worcester said he cannot do a preamble of the Tabor questions. He can get this language into the city questions. Worcester said he has to start the TABOR questions with the format set out in the constitution. Worcester said the TABOR questions may only give the voter the chance to say “yes” or “no”. Councilman Markalunas said he feels it is important to keep the language on Bass Park as simple and concise as possible. It is important to educate the public, but the ballot question should not be too cumbersome. Mayor Richards suggested when the ballot is published in the newspaper, that a map or description of Bass Park be included. Question No. 4 is authorization of a .21% sales tax for 5 years. The ballot language is set by State Constitution. Question No. 5 is .105% sales tax for 5 years for half a park. These are TABOR questions and their format is also set by state constitution. Question No. 6 is authorization to sell Bass Park. Ms. Margerum suggested adding “authorized to sell Bass Park if the price is reasonable” or “at the price the city paid for it”. The only offer might be less than the city paid and the city would be subsidizing private development. Mayor Richards said she is concerned about the city’s ability to act as a reviewing agent on this development when it goes through the process. Worcester said some of this can be covered in the contract to buy and sell and make it clear there are no representation regarding land use approvals. Councilman Hershey asked about not selling the entire park, keeping some of if for open space. Lee Novak, housing office, said Council can addresses many housing issues, like density, during the RFP process for selling the property. Novak suggested Council not add too much to the ballot language. Mayor Richards suggested getting authorization to sell for preference for an affordable housing project rather than an AH project. Novak said the more flexibility the city gives itself to sell the property, the better. Mayor Richards suggested “Shall the City be authorized to sell Bass Park on the free market to recoup the $3.4 million affordable housing funds that were spent. Property would go through a request for proposals process with a preference for AH development or park preservation”. Councilman Markalunas suggested just asking for authorization to sell Bass Park. Mayor Richards said she wants the original purchase price in the question. Councilman Hershey agreed many voters think the city has always owned 7 Regular Meeting Aspen City Council August 9, 1999 this property. Mayor Richards said the purchase date should also be in the question. Mayor Richards said the request for proposal process with a preference toward affordable housing project or free market project that preserves the park land also be in the question. Question No. 7 is authorization to develop the entire Bass Park as an affordable housing project. Mayor Richards suggested asking this question as a preference, as an alternative to raising taxes this property should be 100 percent affordable housing. Worcester said if any of the questions are in conflict with each other, the question with the most votes will prevail. Mayor Richards said she would like a description of Bass Park with 18,000 square feet, location, purchased in February 1999, with $3.3 million housing day care and $100,000 open space fund; if sales tax increase is not approved, the default will be to develop this as 100 percent affordable housing. Worcester suggested referring to the other 3 issues, if none of the above 3 questions pass . . . Council requested question #7 100 percent affordable housing, be placed in front of authorization to sell. Mayor Richards asked if questions 4 or 5 can have an additional paragraph stating “if these questions do not pass, the property will be developed as 100 percent affordable housing”. Worcester said that can be added; however, there is another option to sell the property. Mayor Richards asked that staff work another paragraph to outline the affordable housing. Councilman Markalunas cautioned against questions being too lengthy and too wordy. Bill Stirling suggested the voters may want to know what the subsidy for 100 percent affordable housing project will be so that can be part of the information in making a choice. Novak said that is important information; however, it is difficult to know the range of subsidy when the density is not known. Ms. Margerum suggested the question state “subsidized by the housing/day care fund”. Council agreed. Question No. 8 is a Charter amendment to require replacement of open space when it is sold or converted. Mayor Richards said the city Charter states that any sales or transfer of use of public property requires a vote of the public; however, the city Charter does not require replacement land. The county Charter has this restriction, and this is also a recommendation from the AACP update committee. 8 Regular Meeting Aspen City Council August 9, 1999 Amy Margerum, city manager, pointed out it is difficult to buy open space on a small parcel basis and it may be difficult to buy something that is exactly equivalent. Ms. Margerum suggested allowing selling small pieces to go towards the purchase of a larger parcel. It is not always easy or practical to find another piece of exactly equivalent open space. Mayor Richards suggested “equivalent to or greater than” or “used towards a larger piece of property”. Mayor Richards asked if the question should be specific to properties bought with open space fund or gifted to the city as open space so that it may not apply to all municipal property. Council agreed. Councilman Hershey noted the city is meeting with the Pitkin County Commissioners and Snowmass Town Council to discuss potential transit ballot language. Mayor Richards suggested Council have this discussion to see if there is compromise ballot language before the meeting tomorrow. Mayor Richards said last week Council had a discussion to talk about the different ballot languages and their ramifications. Mayor Richards said the compromise was to put forward a ballot asking for authorization to use Marolt property for busways as the only transit question on the November ballot. This would mirror as closely as possible the May 1996 ballot language asking authorization to use the Marolt property for light rail. If a compromise had been reached, the initiative petition drive would be abandoned. Councilman McCabe said the petition will go forward. Ms. Margerum said Council did not intend to put a petition transportation question and a city- sponsored question both on the ballot. Council has discussed on putting a TABOR question for bonding for uses. Councilman McCabe said the petition language is written to try and avoid the “no build” option. Councilman Paulson said there have been several votes and the citizens do want something in the means of transportation. Ms. Margerum said all options should be given to citizens on one ballot. If the petition question passes in November, another vote will be needed next November for authorization to cross the Marolt open space. Mayor Richards said in 1996, the use of Marolt was approved for two-lanes of realigned highway 82, a parkway, and one light rail corridor. The busway was not on the ballot because Council felt that option was too wide open. Councilman McCabe said the petition language is written to echo the record of decision language which states that if funding or community support for 9 Regular Meeting Aspen City Council August 9, 1999 the rail is not there, initially the system will be developed as dedicated bus lanes. This is not an either or, but a first phase. Councilman Paulson said he feels a compromise would be to put the best question forward, when the funding choices are ready. Councilman McCabe said the petition ballot language is fairly complicated in order to avoid future complications. Councilman McCabe said he does not feel having all the details about the bus is that important. Councilman McCabe said a deluxe bus system from Buttermilk to Rubey park would cost half as much as a rail system. Councilman Paulson said he is concerned about the congestion in this community and he does not feel all the information is available in order to make a choice. Richie Cohen said he feels is if one were to vote against the proposed initiative question and the rail is voted down, the open space proponents may say only rail may go across Marolt and the busway will be on the S curves. Mayor Richards said the entire Council shares a concern about in-town congestion. The Council is also in favor of mass transit. Mayor Richards said Council’s proposed bus bonding question was to be a companion piece to the initiative question. Mayor Richards said Council is proposing busway language, that they will not consider reopening a busway to a four-lane. Mayor Richards said information from the Corridor Investment Study may show that a dedicated bus way system for the valley may be the conclusion. Waiting until November 2000 for a ballot can incorporate whatever the valley-wide study produces. Mayor Richards said the initiative question is premature. Mayor Richards said whichever system is chosen there should not be a rush to judgement. Jim Curtis said he thought Council’s previous agreements were they all believe in mass transit for the valley, they all support increased communication and cooperation with mid and down valley, that no Council supports a “no build” option nor an unrestricted four-lane highway. Curtis said he would like ballot question to be comparable. Toni Kronberg said ballot questions should be kept as simple as possible and the voters should have as much information as possible. If the voters have to wait another year to get all costs, they can make an informed decision. Ms. Kronberg said the community has been working on this for 20 years, and they can wait another year. This will also give time to work with down valley communities. 10 Regular Meeting Aspen City Council August 9, 1999 Tim Semrau said if this issues goes on for another year, there will be more distrust and more misinformation. Charlie Tarver said if a rail supporter votes yes, he will be voting for something on which he does not have the final financial information. If a rail supporter votes no, he will be voting against he believes in. Councilman McCabe said the costs for a bus system from the Rubey Park to the airport are in the record of decision; these costs are final. Councilman McCabe the CIS will show whether valley wide rail is financially feasible. Councilman McCabe said he is willing to go with a bus system first and consider rail later in the future. Councilman Hershey said he does not feel there is a tax base to support a rail system. Councilman Hershey said there is no city the size of Aspen or the entire valley in population that has a rail system. Councilman Hershey said Aspen sales tax or property taxes will be paying for this system. The preliminary costs show that a bus cost $3 million less per year to operate. Councilman Hershey said a rail system is not adaptable nor flexible. Mayor Richards said she suggested that if the busway goes forward, that it needs to be as efficient, as convenient and as fast as a rail system. Mayor Richards said she would like a ballot question to go along with the initiative question so the voter can chose a fully funded rail system or a busway that is full funded and that the community is ready to move forward. Mayor Richards said the compromise single question is simpler and urged Council go consider that for the ballot. Councilman Markalunas said he feels the initiative petition ballot language will fool the public into thinking they are getting something that they are not. Councilman Markalunas said the question is a four-lane disguised as a bus lane. Councilman Markalunas said he would like to see the initiative petition withdrawn and a question put on the ballot to give the voters all choices. Councilman Paulson moved to support having the city attorney write ballot language to support a true busway to be put on the next agenda; seconded by Councilman Markalunas. All in favor, with the exception of Councilmembers McCabe and Hershey. Motion carried. REQUEST FOR TAP FEE WAIVER – Aspen Ski Club 11 Regular Meeting Aspen City Council August 9, 1999 This has been tabled as the applicants were not informed this item was on the agenda. Councilman Markalunas moved to go into executive session for the purpose of discussing potential litigation at 8:15; seconded by Councilman McCabe. All in favor, motion carried. Councilman Hershey moved to come out of executive session at 8:40 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Councilman Paulson moved to adjourn at 8:40 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Kathryn S. Koch, City Clerk 12 Regular Meeting Aspen City Council August 9, 1999 CITIZEN PARTICIPATION ................................ ................................ ....... 1 COUNCILMEMBER COMMENTS ................................ ........................... 1 CONSENT CALENDAR ................................ ................................ ............. 1 ORDINANCE #34 ................................ ................................ ................... 2 Series of 1999 ................................ ................................ .......................... 2 · Resolution #64, 1999 – Calling Special Election – November 2, 1999 . 3 · Ordinance #34, 1999 – Land Use Code Definitions – Signs and Window Displays ................................ ................................ ..................... 3 · Resolution #65, 1999 – Smuggler Underground District Bid Award .... 3 · Resolution #66, 1999 – Sales Contract – Burlingame/MAA Parcel ...... 3 · Resolution #67, 1999 – Annexation Sandunes L.P. .............................. 3 · Boards and Commission Ap pointments ................................ ................ 3 Housing – Tim Semrau, Jackie Kasabach ................................ ................. 3 LLA – Julie Peters ................................ ................................ ................... 3 CAB – Anne Uhfelder ................................ ................................ .............. 3 RFTA - George Detko ................................ ................................ ............. 3 CCLC - Terry Butler Wheeler - Carol Loewenstern, Jon Busch ............... 3 Asset Mgt. - Helen Klanderud, Robert Meyers and Karl Zeisler .............. 3 Board of Adjustment, - Charlie Patterson ................................ ................. 3 RESOLUTION #70,SERIES OF 1999 – Approving TCI Franchise Extension for One Year ................................ ................................ ................ 3 RESOLUTION #68, SERIES OF 1999 – Ballot Language .......................... 4 REQUEST FOR TAP FEE WAIVER – Aspen Ski Club ............................ 11 13