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HomeMy WebLinkAboutminutes.council.20141027Regular Meeting Aspen City Council October 27, 2014 1 SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2 CITIZEN COMMENTS AND PETITION ................................................................................................... 2 COUNCILMEMBER COMMENTS ............................................................................................................ 2 City Manager Comments .............................................................................................................................. 3 BOARD REPORTS ...................................................................................................................................... 3 CONSENT CALENDAR ............................................................................................................................. 3 Resolution #131, 2014 – Contract –Van Replacement ..................................................................... 3 Board Appointments ......................................................................................................................... 3 Minutes – October 13, 2014 .............................................................................................................. 3 Ordinance #33, 2014 – TDR Code Amendment ........................................................................................... 3 Ordinance #31, Series of 2014 ...................................................................................................................... 6 Ordinance #32, Series of 2014 ...................................................................................................................... 7 Regular Meeting Aspen City Council October 27, 2014 2 Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Frisch, Mullins, Daily and Romero present. SCHEDULED PUBLIC APPEARANCES Mayor Skadron presented a proclamation to Stan Clauson, president of the Colorado chapter of the American planning association declaring October community planning month. CITIZEN COMMENTS AND PETITION 1. Tom Marshall told the council he keeps reading about the art museum climbing wall as an attractive hazard. The community is paying for the police to respond and the court costs. He said those fees should be charged back to the climber. The City is paying to monitor this attractive hazard. He suggested getting rid of it and have the museum pay for the cost. Mr. Marshall said regarding parking in the core, raising rates and taking away parking is wrong. It is making the downtown core inaccessible to service, food and clothing deliveries. He asked if we need the increase. 2. Maurice Emmer asked why council rubber stamps proposals without appropriate probing. Staff presented a proposal at last Monday’s work session to spend more money for the tailrace. Council’s questions were not based on reports but oral reactions to an oral presentation. Staff presented on points carefully selected to support request. He related this to the red team blue team concept. He said staff gives a proposal and information to support the proposal but does not give information that might undercut the proposal. He said Council needs to be the red team and without that, bad proposals get adopted. Councilman Romero asked when was the last inspection prior to 2014. The answer was in the 1980’s. Mr. Emmer said there is a report from 2012 in which council was not informed. This lack of information prevented council from comparing this to the report from this year. The 2012 report says there were no problems related to outlets and was marked as good and acceptable. Council was told the May 2014 report described a dire condition of the absence of an outlet and a significant hazard. Significant is only the middle hazard level below high risk. The 2014 report cover letter says “main issues to provide low level outlet”. The overall condition of the reservoir is rated higher than the 2012 report. He suggested Council ought to speak with the inspector directly. Section 5.9.6.2 of the Colorado dam rules gives the inspector total discretion over the drainage arrangements of the dam. When the inspector was contacted by a citizen she said the low level outlet could be met by other ways. There are several means of draining Thomas reservoir. He stated when Council asked if there are any other way to satisfy the need for an outlet the response they were given related to the tailrace. Council never was told about the existing 12 inch outlet or other options the inspector might permit. Mr. Emmer stated it seems council is being played by Staff and urged council to become the red team. 3. Mark Heckel Schwarts said he would like to start a dialog about the evolution of the golf course. It has become a business and a profit center that does not serve the best interest of the citizens who own the course. The season passes leave everyone else out of the picture. It has gotten to the point that you can’t walk on for a few holes in the evening and you ought to be able to do that at a municipal course. It has taken the life and community out of the golf course. He recommend a citizen committee to address this. The golf course has evolved away from the original purpose. COUNCILMEMBER COMMENTS 1. Councilwoman Mullins thanked the people who submitted proposals for the Old Power House. We received 15 packets. She said she would like to see this building and the Mountain Rescue building well maintained for future use. 2. Councilwoman Mullins congratulated CORE on their 20th anniversary and said the party was a great success. Regular Meeting Aspen City Council October 27, 2014 3 3. Councilwoman Mullins said the regional transportation and bark beetle update meetings were informative and lots of city staff attended. 4. Councilman Daily thanked Mr. Emmer for his comments and said he would like to discuss the issue further. 5. Councilman Romero expressed his condolences to the family and friends of Willard Clapper. 6. Councilman Romero stated he learned blue/red at WestPoint at would like to discuss the tailrace more thoroughly. 7. Councilman Frisch thanked CORE for the great work they and Mona do. 8. Councilman Frisch said his heart goes out to the family of Willard Clapper and it looks like it was a great celebration. 9. Councilman Frisch said regardless on their position of the hydro plant it is important to see if there are other options out there for the low level outlet. 10. Councilman Frisch said the golf course is doing a great job but an exploratory group is a good idea. 11. Mayor Skadron thanked Mr. Emmer for his comments. When it comes to a council hearing the inspector’s report will be in the packet and will be given the scrutiny it deserves at that time. He said Council relies on the expertise on the Staff. City Manager Comments 1. Chris Bendon invited everyone to small group lodging sessions at the fire station Tuesday and Wednesday. They are focused on what to do next with the lodging program. They will be facilitated with a keypad session. BOARD REPORTS 1. Councilman Frisch said Frontiers had a meeting with APCHA in conjunction with the Next Generation Advisory board focusing on live/work rules and category qualifications. 2. Councilman Frisch said he will be attending the CORE meeting on Thursday. CONSENT CALENDAR Board Appointments Duncan Clauss was appointed to the Next Generation Advisory Commission and Philip Golden was appointed to the Local Licensing Authority. Councilwoman Mullins congratulated Philip and Duncan on their board appointments and thanked them for applying. • Resolution #131, 2014 – Contract –Van Replacement • Board Appointments • Minutes – October 13, 2014 Councilman Romero moved to approve the consent calendar; seconded by Councilman Daily. All in favor, motion carried. Ordinance #33, 2014 – TDR Code Amendment Sara Adams, community development, told the Council this amendment would expand the landing sites for TDRs. It is only for residential zone districts and single family homes. The goal is to preserve landmarks by bolstering the TDR program. 24 of the 64 approved TDRs have landed. The market is flooded with TDRs. The 40 approved but not severed equal 10,000 square feet of floor area that could go back onto the landmark properties if we don’t have a viable TDR program. Staff is proposing to expand the number of TDRs that can land on larger lots. Currently, single family homes are allowed to land one TDR. The proposal is to allow up to three TDRs for a single family home on a lot that would support a Regular Meeting Aspen City Council October 27, 2014 4 duplex. The property would still have to work within the current house size allowances. Ms. Adams addressed the question if we would be creating a situation to grant a variance by allowing more than one to land. There has to be a demonstrated hardship or site specific constraint to get a variance. Buying a TDR and not being able to meet the site coverage requirement or height requirement is a self-inflicted hardship and not a criteria for a variance. Ms. Adams said the range of prices have gone from $175,000 up to $240,000 for one certificate. Staff recommends approval. Councilman Romero asked if the original FAR attributed to a duplex came from the idea that density benefited these zone districts and would occur where it should and be a major/minor home configuration. He asked how that relates to this proposal and if the old intent is still relevant. Ms. Adams said the policies from the 1980’s are not in line with what they deal with today. It is about balancing and keeping historic properties is a higher priority today. Councilman Romero asked when the TDR program started. Ms. Adams replied 2004. He agreed that the community priorities have shifted towards preservation. Councilman Daily said he had the same concern about the original floor area concepts. He came to the same conclusion that we are adapting to the growth of the TDR program. He does not see it doing any damage or violating the impacts of the residential community. He said it is an evolving process and is comfortable with the proposal. Councilwoman Mullins stated that to land 3 TDRs on a 9,000 square foot lot would require variances and unlikely to be granted. She asked about the same for the R15 and R30 zones. Ms. Adams stated it would be the same situation where it would have to fit within the setbacks and still meet the requirements of the zone districts. Councilwoman Mullins asked why not consider landing TDRs within the urban growth boundary. Mr. Bendon said he would love to but it is a conversation with the county. They do have a similar program. Councilwoman Mullins said that might be the next step and we should look in to it with more detail. Mr. Bendon stated that the TDR purchase does not qualify them to receive a variance. It will be more attractive to property owners who have the space. Councilman Frisch asked if any property is allowed to bring one TDR. Ms. Adams said generally speaking any lot, with stipulations. Councilman Frisch asked if an applicant is willing to extinguish square feet and want to earn some TDR to sell, they don’t give up the right to not build until the TDR is sold. If it does not get sold they have not recouped any money. We could see people come back who haven’t sold then decide to tear down the historic structure or add on. Ms. Adams stated they could do that at any time and would not need to come back to Council to change that. He said he is concerned about people saying a duplex should be bigger so there is a need to up zone. The goal to protect historic properties and the TDR is a tool created to do that. Is this the best tool to protect historic properties. He is not sure if it’s the best but it’s the only one out there. He said three will not work or him and is not sure about two either. He said maybe we should add a second one and any more would require a bigger discussion. He said they do need to land somewhere. He asked if TDRs are the best program we have to get to the ultimate goal. Mayor Skadron stated he has some reservations. He said he would be more comfortable if he had a sense of the total square footage we are talking about. Ms. Adams replied it is not a static calculation. Mayor Skadron said his concern is that potential build out is something unforeseen. Mr. Bendon said the possibility for TDRs is not unlimited. People could come in and tear off older additions and sell the TDR. There is a cap on the number of TDRs that can land on the receiver site. There is significant interest in obtaining the right to obtain a TDR. The program is doing what it is intended to do. Mayor Skadron stated it doesn’t change the zoning parameters. Mr. Bendon said all development, even with TDRs it has to fit into the zoning parameters. If you can’t find a place to put it you can’t find a place to put it. Mayor Skadron said this will result in more pressure to use a variance. Ms. Adams said a variance is about having a hardship on the lot or a site specific constraint. Buying a TDR and wanting to Regular Meeting Aspen City Council October 27, 2014 5 put it on your property is not a hardship or site specific constraint. She said the TDR program is pretty healthy but could use some help. Councilman Romero asked if there is language in the draft ordinance that having a TDR will not create a reason to ask for a variance. Ms. Adams said that is one of the review criteria for landing a TDR. Councilman Frisch said out of the 24 given no one showed up to ask for a variance. Mr. Bendon said variance is a technical legal term. It is justified when the application of the City’s rules have restricted the property that all value has been removed. It is a tough standard to prove. Councilman Frisch said it is important to support the program and to protect the underlying goal. He is not sure allowing more solves the problem. Mayor Skadron said his concerns were the pressure for a variance, the effect on existing zoning, and the total square footage that would be addressed. Councilwoman Mullins said the land use code is the safety net. If you can’t get within the envelope then you can’t use it. She said there will be additional pressure but she would support allowing two not three. It is a risk worth taking to support the program and have faith in the land use code and Council. Mayor Skadron asked if this will have an effect on C1 and CC for a future argument that there are TDR that need to be landed. Mr. Bendon said there is no option for these to land downtown. Mayor Skadron opened the public comment. 1. Steev Wilson said he has created several and extinguished a few. He did ask for a variance to put a TDR on a site downtown and Council did not allow him to do it. It is just moving square footage around. It is hard to get someone with an addition to take on the program with one. 250 square feet does not get you much. 750 square feet may be enough to take on the permit hurdle but 500 would help. He is fully in support of Staff’s recommendation. 2. Ms. Adams received a letter from Steve Founder who is generally not supportive. 3. Alan Richman said there are a lot of tools available. Many deal with how to make the development compatible with the landmark. The TDR program allows you to maintain landmarks at the original scale. It is important and worth supporting. Mayor Skadron closed the public comment. Councilwoman Mullins stated she can support two TDRs as opposed to three. She said we are not increasing square footage just moving it around town. We rely on land use code to maintain what is allowed. 500 square feet may be more practical than 250. It may be more attractive for the amount of effort. She would like to see two TDRs and track closely how it is working. Mayor Skadron said there are good arguments made but has questions about the resulting total impact this can have. He stated he is not supportive. Councilman Frisch stated he is supportive of two. Councilman Romero also agreed with two. Regular Meeting Aspen City Council October 27, 2014 6 Councilwoman Mullins moved to approve option B for Ordinance #33, Series of 2014; seconded by Councilman Daily. Roll call vote; Councilmembers Frisch, yes; Daily, yes; Mullins, yes; Romero, yes; Mayor Skadron, no. Motion carried. Ordinance #31, Series of 2014 – Double Basements Code Amendment Chris Bendon, community development, said this ordinance would set a depth for a one level basement. Staff suggest a depth between 12-15 feet. This would be a measurement from the floor of the basement to finished grade. It is not floor to ceiling height. Below 12 feet would feel somewhat compromised and above 15 become un-necessary. There is currently a floor area exemption for crawl spaces. It has a limit of a five foot six inch ceiling. This provision was added about one year ago and Staff feels it is working successfully. There is also the question of what to do with steep sloped properties. These are already troublesome to develop. Staff suggests the 15 foot provision is probably ok with steep slope sites. There is enough space to make up for it. If it is lowered to 12 foot he suggested an accommodation for sites with steep slopes. Councilwoman Mullins asked with the crawl space would a 12 foot basement be excavating to accommodate a 17.5 foot basement. Mr. Bendon said these spaces are not the full footprint of the basement. They need to be limited to what is necessary for the mechanical equipment. They are not the full basement level. Councilman Daily said the 15 foot is most flexible and there will still not be a second level. He said that is the primary goal. He asked if finished grade would imply game playing opposed to natural grade. Mr. Bendon said natural grade is the topography prior to development. Finished grade is the grade surrounding the house post development. If measuring from natural grade you would have to accommodate that in the basement. Finished can be manipulated to allow for a flat basement level. Councilman Daily said it allows a certain flexibility that makes sense. Councilman Romero stated he is comfortable with the crawl space exemption. He asked how the 15 foot would accommodate most of the steep slopes. Mr. Bendon said they wanted to keep it simple and understandable. They could come up with a complex way to treat sloped sites but though that at 15 foot there is enough flex to design a flat basement or a step or two. 15 feet is probably ok but down to 12 feet, sloped sites will be much more complex. Councilman Romero asked at what slope does it not count towards floor area. Mr. Bendon replied 30 and up. Councilman Romero said the impacts are not just during the construction. Creating a living quarters two to three times the size of the adjacent homes creates an impact in the long run. There are additional services and maintenance. The exemptions allowed today for basements are a fairly robust program in itself. Councilman Frisch said they are on the right track. The overall goal is to have the least disruptive, shallowest dig possible that still honors a normal size basement. The crawl space is important. There is some economic pressure to not dig deeper than you need to. He is happy with 15 feet it is simpler and keep the crawl space. Mayor Skadron agrees with Staff’s recommendation and crawl space exemption. He asked if the ordinance goes far enough. While you can no longer go deeper vertically you can go horizontally. You could have a house with a basement from lot line to lot line. Mr. Bendon replied you can go from set back to set back. Regular Meeting Aspen City Council October 27, 2014 7 Councilman Frisch said there is a fair bit of room from the dimensions of the ground floor to the setback. Mr. Bendon said it is not a new phenomenon. They have seen basements that are bigger than the footprint of the house. The amount of construction impact from wider is much different than impact of deeper. Councilman Frisch said it is an issue worth talking about. There will be pressure to go wider. Councilwoman Mullins said it gets back to initial concern of construction impacts. If 12 foot was the max what kind of adjustment would be given for sloped sites. Mr. Bendon said he would suggest 15 foot when the median grade is 20 percent or greater. Mayor Skadron opened the public comment. 1. Jerry Cavaleri said it seems like allowing people to build below grade addresses the issue of big additions. Disallowing square footage below grade will push it above grade. We should incentivize people to build below grade. With houses where the main floor is on grade, restricting to 12 feet only gives 10 feet. 15 feet makes more sense. The crawl space exemption is good and maybe restrict double basement to non-living space. It would be great if TDRs can land on basements. 2. 3. Steev Wilson told the Council the first paragraph, subgrade with no exposure shall be excluded from FAR needs struck. He asked how stepped floors in basements will play in general with multi-level subgrade spaces above and where the 15 feet begins and ends be defined. He is also concerned with how crawl spaces will interact with adjacent basements laterally. He said option one, 15 foot across the board will be easier to apply. He is also worried about 20 percent grade and suggested knocking it down to 12. Mayor Skadron said Mr. Wilson is getting into the specifics too much. Mr. Bendon said this is new territory and will probably be back in front of Council in a year or two evolving this further. There will be situations like Mr. Wilson brought up. He suggested changing the language in paragraph one from “subgrade stories” to “subgrade areas”. He said this language is the best that we have for where we are right now and suggests Council adopt the language tonight. 4. Mr. Bendon received an email from Tim Murray who prefers a nine foot depth. Sam Barney with Hansen agrees the impacts need addressed. They should regulate the impacts instead of the depth. Dillon Johns said the amount of cost to dig below 15 feet is prohibitive. Mayor Skadron closed the public hearing. Councilwoman Mullins said she was going to push for the 12 foot limit but after discussion the more simple ordinance will be easier to evaluate. They can look at modifications in the future. Councilman Romero moved to approve Ordinance #31, Series of 2014 with option one as amended; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Romero, yes; Mullins, yes; Daily, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. Ordinance #32, Series of 2014 – Authorizing the Issuance of 2014 Park and Recreation Bonds Don Taylor, finance, told the Council this will authorize the issuance of approximately $5,375,000 in parks and recreation bonds. It will also generate approximately $531,000 in premiums based on the coupons. The total amount to be raised is $5,906,000. It is set as emergency ordinance. The interest rates are great right now. There was a pricing call today and the expectation is if it passes tonight the Regular Meeting Aspen City Council October 27, 2014 8 bonds would be sold tomorrow. The true interest cost would be 2.25 percent. There is also an advanced refunding component. A portion of the 2005 park and recreation bonds outstanding at higher coupon rates will be reissued and result in savings of $176,000. Councilman Frisch stated he is in support. He is not thrilled about the emergency and in the future would like to issue without being an emergency. Councilman Romero asked what portion will be used to take out old money. Mr. Taylor said it is $1,431,000 including the premium. Councilman Romero said the process for the emergency is simply to get into the bond market in a quick and timely fashion as a fiscal management tool. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Ordinance #32, Series of 2014; seconded by Councilman Daily. Roll call vote; Councilmembers Mullins, yes; Romero, yes; Frisch, yes; Daily, yes; Mayor Skadron, yes. Motion carried. Jim True, attorney, requested City Council go into executive session pursuant to 24.6.402(a), (b) and (e): discussions with counsel regarding litigation and negotiations involving litigation and the purchase, acquisition, lease, transfer, or sale of any real, personal or other property interest. Councilman Romero moved to go into executive session at 7:55 pm; seconded by Councilwoman Mullins. All in favor, motion carried. Councilman Daily moved to come out of executive session at 8:50 pm; seconded by Councilwoman Mullins. All in favor, motion carried. Councilman Romero moved to adjourn at 8:50 pm; seconded by Councilwoman Mullins. All in favor, motion carried. Linda Manning City Clerk