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HomeMy WebLinkAboutminutes.council.19970811Asoen City Council Regular Meetin~ August 11, 1997 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Vickery, Markalunas, Richards and Paulson present. CITIZEN COMMENTS 1. Denise Reich handed out previous Council minutes and requested clarification on the park at the end of North Spring street. Ms. Reich said this area has not been rezoned park, it has not been vacated. The city is treating it as a park. Ms. Reich said this causes her a lot of problems; 34 feet of her property is taken away for access. Ms. Reich presented photos of cars parked illegally. Ms. Reich said she has no access to parking. Ms. Reich presented letters from city staff about this property. Ms. Reich said this is an 18 to 20 foot street. There is a fire hydrant with "no parking" signs in front of it. Ms. Reich said she has one parking spot. Ms. Reich said when she rents her property, it has to be advertised as one car only. Ms. Reich showed the Moore house which has two families living in a single family unit with 4 cars. There were 5 cars this weekend and when people have visitors, they park on Ms. Reich' s side. Ms. Reich said she is then completely parked in. Ms. Reich said if this area is a park, the city needs to vacate it and declare it a park. Ms. Reich told Council she went to the tax evaluation people and they lowered her value $544,000 because she has no parking. Ms. Reich said she would like clarification what Amy Margemm meant about 2 parking spaces in the earlier minutes. Ms. Reich said she has a letter from Stan Clauson that the berm and railroad ties would be taken out. Ms. Reich said the snow builds up and people park even farther up on the street. Ms. Reich said Remo Lavagnino wrote a letter to the city in 1983 noting the terrible parking problem in this area. Ms. Reich said with this park, the city has taken one-half of her property, which is the access, and completely annihilated it. This road is very congested. All visitors to this area park at the end of the road. Ms. Reich said first the city told her she had a parking space and then told her that the city has never given a special spot on a city right-of-way to anyone. Ms. Reich said she wants it clarified if the city is vacating the street as a park. Ms. Reich asked if this will be rezoned as a park. Ms. Reich said she wants the city to know what a tremendous impact not being able to use her property is. Amy Margemm, city manager, reminded Council at the request of Ms. Reich, the city did not designate this as a park, because she did not want it designated as a park. This is public, not private, property and the city planned on putting a bench Asoen City Council Regular Meetin~ August 11, 1997 on the property. It will not be on maps or have a sign as a park but the city did not rezone it park at Ms. Reich' s request. The city tried to keep this low key. Ms. Margerum told Council the city moved the right-of-way back to create two parking spaces so that cars could park in front of Ms. Reich' s house. These are not private parking spaces; the city does not do that anywhere on the city streets. Ms. Margerum pointed out the no parking area across the street was also done at the request of Ms. Reich because of the narrowness and the fire hydrant. The city put up a "no parking" sign. Ms. Margerum said a visitor to the Moore property did park across the street, in a legal parking space. The police were called; however, this is a legal parking space. Ms. Margerum said the city tried to create more parking spaces but these are not private spaces. Ms. Reich said the city put it 9 feet longer and the park is growing. It was 25 feet and now it is 34 feet. Ms. Reich said the city cannot take one half of someone' s access to their property. Ms. Margerum said the city has not done that. Mayor Bennett suggested the city designate and rezone this as a park. Ms. Reich said the access are her rights as a property owner and the city cannot take them away. Mayor Bennett said the city has not taken any property nor any access to her property. This right-of-way is public property. Mayor Bennett said he is not clear what else the city can do. Ms. Reich requested the park be moved back 25 feet. Ms. Margerum said she will check on the boundaries of the park. There is a car parked in the stream margin and it has been ticketed. Ms. Reich said this is not a park, it is not a street, yet she cannot use it to access her property. Mayor Bennett said it is a park. Councilman Paulson said this is more of a parking problem than a park problem. Councilman Markalunas said Ms. Reich' s problem is symptomatic of a problems being experiencing all over Aspen; there are too many atttomobiles. The city has to try and get a handle on the number of cars in the town. Everywhere in Aspen the streets are filling up with atttomobiles. Ms. Reich asked if the city can take the park back so that when people park, they are not blocking her driving. Councilwoman Richards said before taking any action, she would like a map of what is going on in the area, what is legal, where the park is, where the parking spaces area. Councilwoman Richards said on-street parking should not block anyone's driveway on any street in Aspen. Paula Mayer, resident of North Spring, told Council when she left the Council meeting a year ago, she was under the impression that Ms. Reich had been given a concession by the city for two parking spaces on the street and was meant to be her 2 Asoen City Council Regular Meetin~ August 11, 1997 private parking area. Ms. Mayer said at the same meeting, she told Council that this area is experiencing flooding problems. Ms. Mayer said the road is now higher than her driveway and the snowmelt runs down her driveway and into her bedrooms. Ms. Mayer said the snow has to be pushed closer the riverbank in order to keep it from running into the Mayer' s house. Ms. Mayer said there is a drainage problem; the topography has changed and the road has changed. Mayor Bennett asked that this be part of the same staff review. COUNCILMEMBER COMMENTS 1. Councilman Markalunas said traffic and speeding have increased this summer. Councilman Markalunas said everyone can do something to help the problem. Pedestrians should use crosswalks; skateboaders should not skate on sidewalks and mall; bicyclists are vehicles and should observe the roles of the road; motorists should slow down and enjoy Aspen. Speed limits and stop signs are for everyone, including people in a hurry. 2. Councilman Markalunas said the bears are getting active and suggested staff tell people to secure or enclose their garbage. 3. Councilman Markalunas reminded everyone there will be a work day on the railroad August 16th, meet at the Buffalo Valley Inn at 9 a.m. 4. City Attorney John Worcester requested Council add Resolution #61 to the consent calendar to call a special municipal election November 4. This resolution does not set any ballot questions. A special election has to be called 60 days before the November 4th election; Council has until September 9th to set the ballot question. Councilman Markalunas moved to add Resolmion #61, Series of 1997, to the consent calendar; seconded by Councilwoman Richards. All in favor, motion carried. CONSENT CALENDAR Councilwoman Richards moved to read Ordinance #33, Series of 1997; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #33 3 Asoen City Council Regular Meetin~ August 11, 1997 (Series of 1997) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.72.010 .D. 1 .a, "REVIEW STANDARDS FOR ALL DEVELOPMENT IN THE "H" DISTRICT OVERLAY DISTRICT, AND FOR ALL DEVELOPMENT INVOLVING HISTORIC LANDMARKS was read by the city clerk Councilman Paulson moved to adopt the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: Ordinance #33, 1997 - Code Amendment FAR Bonus HPC Resolution #57, 1997 - Contract to Purchase Snow Cat - Kassbohrer Resolution #58, 1997 - Short term loan - Water Place Housing Resolution #59, 1997 - Reauthorization Annexation Plan Resolution #60, 1997 - Quit Claim Deed - Treeman Property Resolution #61, 1997 - Calling for a Special Election November 4, 1997 Roll call vote; Councilmembers Vickery, yes; Markalunas, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #27, SERIES OF 1997 - Aspen Meadows Extension of Vested Rights, Lots 5 Amy Amidon, community development department, told Council this is related to the trustee townhomes. There are 8 historic and 3 new townhomes in this project. IN 1991, the project received approval to build 3 new 2500 square units and build out the 8 existing units to 2500 square feet. Ms. Amidon recommended Council not approve extension of vested rights. The 3 new units are under construction; the existing units have not been expanded to the 2500 square feet. Staff feels it is not in the city' s best interest to have this project carry forward. Ms. Amidon pointed out this is a 128,000 square feet parcel and was rezoned to RMF. The floor area in RMF is 1:1; however, through the SPA process, there was an agreement reached 4 Asoen City Council Regular Meetin~ August 11, 1997 that 27,500 would be the appropriate build out and is smaller than what the lot size would allow. Ms. Amidon said staff determined there would be no flirther reductions for slope. Ordinance #30 would penalize this site because of steep slopes and staff was concerned that this may mean they would never be able to add on to the existing trustee townhomes. This appears not to be the case. Not extending the vested rights mean the applicants cannot do the original project; however, it does not preclude small additions to the trustee townhomes. John Sarpa, homeowners association, told Council they are working with HPC on a more modest change and have had a conceptual review for the new expansion. Sarpa said these expansions are within the current footprint and is to enclose the patios. Sarpa said at that time, it was not clear to what extent the vested rights for the old project would affect this new design. Sarpa agreed not extending the vested rights will not affect their present plan. Chris, townhouse owner, said the have just received the rights from the Institute as individual owners and they would like adequate time to explore the options for the townhouses. John Worcester, city attorney, said what the homeowners propose could be accomplished with a minor plat amendment. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Worcester suggested this item be continued until the homeowners get approvals from HPC or minor plat approvals. Councilman Markalunas said there is a trail out there that is being obstructed by construction material and requested the homeowners get the trail cleared up. Sarpa said the homeowners are not in control of this particular property. Sarpa said he would be glad to go to the property owner with the city and express the neighbors willingness to be able to use this path. Stan Clauson, community development director, told Council this is a sanitation district easement and is intended to be replaced by a new trail to be developed as part of the tennis townhome development. When the new trail is finished, there will not be a direct connection to the base of the trustee townhomes. The owners of the trustee townhomes requested the trail not go through the front of their property. Councilman Vickery moved to continue Ordinance #33, Series of 1997, to October 14, 1997; seconded by Councilman Markalunas. All in favor, motion carried. Asoen City Council Regular Meetin~ August 11, 1997 ORDINANCE #28, SERIES OF 1997 - Aspen Meadows Extension of Vested Rights, Lot 1A Amy Amidon, community development department, told Council this is part of the lodge component of the Aspen Meadows and is the one small part of the development that has not been completed. The applicants would like a 3 year extension of vested rights in order to do a fitnd raising campaign. Ms. Amidon said this was identified in the SPA as an essential public facility. Staff recommends approval of the extension. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #28, Series of 1997, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Vickery, yes; Markalunas, yes; Richards, yes Paulson, yes; Mayor Bennett, yes. Motion carried. COZY POINT OPERATION AGREEMENT Jeff Woods, parks department director, reminded Council Cozy Point property has been run by management agreement for two years. By mutually agreement, the current contract will end a couple of months early. Woods said the fitture of Cozy Point is not known and it will take time to decide whether to sell it or develop the property. Staff has gone out on an emergency basis and found two operators interested in running the facility. The proposed operators were interviewed by staff last week. Woods said this is not a long term management strategy. Having an interim, stable agreement was the top criteria. Woods recommended Kathy Honey who is currently running 15 of the horses at Cozy Point. Woods told Council the agreement is not finalized; staff and the operator are working on the details and trying to avoid the pitfalls of the past two years. Woods said Ms. Honey' s proposal is to pay the city a percentage of the net rather than a monthly fee. John Worcester, city attorney, told Council the agreement contains a new section regarding payment. Ms. Honey suggested 20 percent of net profits to come to the city as rent. Worcester said it will be difficult to decide what net profits are. It is easier to use "gross receipts" and that is what the agreement contains. Worcester said the city can negotiate the percentage of gross receipts with the operator. Worcester said other issues he has not negotiated is now to deal with the city' s 6 Asoen City Council Regular Meetin~ August 11, 1997 equipment inventory. The operator could leave a deposit that would be refitnded at the end of the agreement. Worcester said he also wants to finalize possible children' s programs at the equestrian center. Worcester requested Council approve the basic agreement recognizing there are still some terms to be negotiated. Amy Margemm, city manager, told Council it is more important to put the money back into Cozy Point than to get rental income. Using gross receipts will give the city the advantage of sitting down every month and going over what is happening and where to put the money back into the ranch. Staff wants the ability to spend time negotiating the final lease. Woods told Council through this process, staff has found there is a great love for the facility from the horse community, who is concerned about the long term fitture of Cozy Point. Councilman Vickery questioned the amount of insurance for injury of $600,000 to two or more people. Worcester said this amount ties into the governmental immunity act which states cities are immune to anything above that. Mayor Bennett noted the RFTA board has investigated offering more insurance. Worcester pointed out this is the operator' s insurance. Worcester said the Council could pass an ordinance granting more money to injured persons. Worcester said when the city requires more insurance, these costs usually get passed onto the city. Councilwoman Richards suggested staff finding out what the additional annual cost of increased insurance would be. Councilwoman Richards moved to attthorize the city manager to negotiate a final interim contract for Cozy Point' s operations in substantially the form as presented to Council; seconded by Councilman Markalunas. All in favor, motion carried. Councilwoman Richards moved to adjourn at 6:10 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 7 Asoen City Council Regular Meetin~ August 11, 1997 CITIZEN CON4N4ENTS ..........................................................................................1 COUNCILMEMBER CON4N4ENTS .......................................................................3 CONSENT CALENDAR ........................................................................................3 Ordinance #33, 1997 - Code Amendment FAR Bonus HPC ................................4 Resolution #57, 1997 - Contract to Purchase Snow Cat - Kassbohrer ..................4 Resolution #58, 1997 - Short term loan - Water Place Housing ............................4 Resolution #59, 1997 - Reauthorization Annexation Plan .....................................4 Resolution #60, 1997 - Quit Claim Deed - Treeman Property ..............................4 Resolution #61, 1997 - Calling for a Special Election November 4, 1997 ............4 ORDINANCE #27, SERIES OF 1997 - Aspen Meadows Extension of Vested Rights, Lots 5 ..........................................................................................................4 ORDINANCE #28, SERIES OF 1997 - Aspen Meadows Extension of Vested Rights, Lot 1A .........................................................................................................6 COZY POINT OPERATION AGREEMENT .........................................................6