HomeMy WebLinkAboutminutes.council.19970127Asoen City Council Regular Meetin~ January 27, 1997
Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers
Waggaman, Paulson, Marolt and Richards present.
CITIZEN COMMENTS
There were none.
COUNCILMEMBER COMMENTS
1. City Manager Amy Margerum reminded Council of the continued meeting
Tuesday, January 28 at 5 p.m. to hear an overview of the Aspen Mountain Lodge
PUD.
CONSENT CALENDAR
Councilman Paulson moved to read Ordinances #4, 5 and 6, Series of 1997;
seconded by Councilwoman Richards. All in favor, motion carried.
ORDINANCE #4
Series of 1997
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX
MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS
AND VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF
1991, AND EXTENDED BY ORDINANCE NO. 22, SERIES OF 1994,
ORDINANCE NO. 10, SERIES OF 1995, ORDINANCE 38, SERIES OF 1995,
ORDINANCE NO. 6, SERIES OF 1996, AND ORDINANCE NO. 26, SERIES OF
1996, FOR THREE NEW TOWNHOMES AND ASSOCIATED RESIDENTIAL
DEVELOPMENT APPROVALS ON LOT 5 OF THE ASPEN MEADOWS
SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY,
COLORADO
ORDINANCE #5
Series of 1997
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX
MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS
AND VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF
Asoen City Council Regular Meetin~ January 27, 1997
1991, AND EXTENDED BY ORDINANCE NO. 22, SERIES OF 1994,
ORDINANCE NO. 10, SERIES OF 1995, ORDINANCE 38, SERIES OF 1995,
ORDINANCE NO. 6, SERIES OF 1996, AND ORDINANCE NO. 27, SERIES OF
1996, FOR SEVEN NEW TOWNHOMES ON LOT 6 OF THE ASPEN
MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN
COUNTY, COLORADO
ORDINANCE #6
Series of 1997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO APPROVE THE CONCEPTUAL/FINAL SPECIALLY
PLANNED AREA (SPA DEVELOPMENT PLAN AND TO REZONE THE
ASPEN CENTER FOR ENVIRONMENTAL STUDIES (ACES) TO THE
ACADEMIC ZONE DISTRICT, AND TO AMEND CHAPTER 26 OF THE
ASPEN MUNICIPAL CODE TO WIT SECTION 16,18.230(C)(1)
CONDITIONAL USES IN THE ACADEMIC ZONE DISTRICT were read by the
city clerk
Minutes - January 13, 1997
Ordinance #4, 1997 - Aspen Meadows Lot 5 Vested Rights Extension
Ordinance #5, 1997 - Aspen Meadows Lot 6 Vested Rights Extension
Ordinance #6, 1997 - ACES SPA, Rezoning, GMQS Exemption
Resolution #6, 1997 - Contract Software for Community Development
Resolution #8, 1997 - Contract for 1997 Water Treatment Plant Improvements
Board Appointments HPC - Gilbert Sanchez, Jeffrey Halferty,
Jake Vickery, Mary Hirsch and Roger Moyer
P & Z Jasmine Tygre
LLA Terry Allen, Julie Peters
RFTA Margot Pendleton
Board of Appeals George Kelly and Steve Saunders
CCLC Terry Butler
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Asoen City Council Regular Meetin~ January 27, 1997
Councilwoman Richards moved to adopt the consent calendar; seconded by
Councilman Paulson. Roll call vote; Councilmembers, Waggaman, yes; Richards,
yes; Paulson, yes; Marolt, yes; Mayor Bennett, yes. Motion carried.
ORDINANCE #42, SERIES OF 1996 - Vested Rights Extension -
WinWInLLC/Kastelic Property
Councilwoman Waggaman moved to continue Ordinance #42, Series of 1996, to
March 10, 1997; seconded by Councilwoman Richards. All in favor, motion
carried.
ASPEN MOUNTAIN PUD - CONCEPTUAL APPROVAL
Mayor Bennett opened the public hearing.
Councilwoman Waggaman moved to continue this to Tuesday, January 28, 1997, at
5:00 p.m. seconded by Councilwoman Richards. All in favor, motion carried.
ORDINANCE #45, SERIES OF 1996 - Code Amendment Open Space
Amy Amidon, community development department, reminded Council this
amendment proposes to eliminate the cash-in-lieu payment for open space for
historic landmarks. Staff and P & Z recommend this code amendment be denied.
At the Council meeting, staff was directed to explore other options. Ms. Amidon
said staff looked at tying the cash-in-lieu waiver to preserving the historic use of the
building. Ms. Amidon said there are 10 properties this code amendment could
apply to, most of which are houses. Residential uses do not need to be preserved.
The other properties are the Hotel Jerome and the Isis so only the Isis would benefit
from a cash-in-lieu waiver for preserving historic use. This is not part of staff' s
recommendation.
Staff also looked at calculating the 25 percent open space based on what is open
currently versus what it would be if the property were empty. This would result in a
significantly different amount of cash or usable open space. Ms. Amidon said staff
feels this is detrimental to the overall open space program.
Staff also looked at 5 year amortization of the cash-in-lieu and felt this would help
the applicant deal with a large up front cost. Staff is recommending Council adopt
an amended ordinance allowing for this provision. Sunny Vann, representing the
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Asoen City Council Regular Meetin~ January 27, 1997
applicant, said this would be a relief and make it easier to deal with. This will be
done at no interest, which will also help. Vann recommended the city continue to
look at this cash-in-lieu requirement because the cash is such a substantial amount
on top of all other development costs.
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilwoman Waggaman asked about the section outlining how the fee is to be
repaid after 7 years. Clauson said this is typical with impact fee and that fees
collected as mitigation should be designated for specific purpose and spent within a
certain amount of time. These fitnds are for park acquisition and also pedestrian
enhancement improvements. Councilwoman Waggaman asked how this would
work with a payment spread out over 5 years. Clauson said each payment would
have its own 5 or 7 year period.
Councilwoman Richards moved to adopt Ordinance #45, Series of 1996, on second
reading as amended; seconded by Councilwoman Waggaman. Roll call vote;
Councilmembers Marolt, yes; Paulson, yes; Waggaman, yes; Richards, yes; Mayor
Bennett, yes. Motion carried.
ORDINANCE #3, SERIES OF 1997 - Housing Guidelines Amendment
Dave Tolen, housing director, reminded Council the guidelines were amended last
year regarding the priority for purchasing units within a deed restricted complex.
For years individuals who owned properties in a deed restricted complex might
receive priority for a new unit in the same complex if they met the criteria and also
made their unit available. This gave stability within a project and also allowed
people to move into a more appropriate housing unit for them. Tolen said in 1995 a
person closed on a unit in order to get priority on another unit. The housing board
then agreed on a one year residency requirement before a person receives a priority
in a deed restricted complex. The 1996 guidelines were adopted on that basis.
When this came up again on a particular unit, the Board was hard pressed to justify
the one year residency requirement. The housing board suggested the residency be
reduced to 6 months which will preclude anyone from racing to purchase a unit just
to get priority for another unit. Tolen said the Housing Board also suggests this
reduction be subject to special review on a case by case basis.
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Asoen City Council Regular Meetin~ January 27, 1997
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilwoman Waggaman said she would prefer to keep this at one year.
Councilwoman Waggaman said she feels 6 months is not enough to establish
commitment to the community. Councilwoman Richards said there are costs of
closing and moving in, paying a 2 percent resale to the housing office. These will
deter most people from moving in 6 months. Councilwoman Richards said she feels
this will eliminate jockeying for position within a complex. Councilwoman
Waggaman said people rash things too quickly. Every time a situation comes up,
people want the roles change.
Councilwoman Richards said she feels it is worth erring on the side of trying to
make it easier for people to stay in Aspen. Councilwoman Waggaman said people
are not earning things with tenacity anymore. Councilwoman Richards pointed out
when people get a housing unit, they have usually been in the valley for 4 years to
qualify for the highest priority. They also have to sell their unit to someone else
who also qualifies.
Tolen said some of the County Commissioners share Councilwoman Waggaman's
concern. Tolen said he hopes to have a common guideline for the city and county.
Councilwoman Richards suggested taking this back to the housing board to see if
there is a middle position.
Mayor Bennett said he does not feel strongly abom this issue and in this case leans
heavily on the recommendation of the citizen housing board. Mayor Bennett said he
is inclined to take their recommendation out of support for the board.
Jim Curtis, housing board, said he supports this amendment as any in-complex
movement results in an open unit to the public. The public will have the same net
result. Curtis said moving within a complex in such a short time will cost people
money and reflects more of a commitment to stay within the complex in a unit that
suits their needs.
Councilman Paulson said affordable housing has enough hassles and if people want
to move to be happy, why not let them. Another unit will still be opening up for
public lottery. Councilwoman Richards said the housing board feels 1 year is as
arbitrary as 8 months or 15 months. Councilwoman Richards said 6 months should
serve the purpose of not seeing maneuvering for better priced units and not be
Asoen City Council Regular Meetin~ January 27, 1997
unduly burdensome. The guidelines are adopted every year and this can be revisited
annually. Councilman Marolt said he does not believe in any type of priority.
Councilman Paulson moved to adopt Ordinance #3, Series of 1997, on second
reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers
Marolt, no; Paulson, yes; Richard, yes; Waggaman, no; Mayor Bennett, yes.
Motion carried.
MAROLT PARKING PLAN
Dave Tolen, housing office, said they have been managing Marolt for 5 years.
One of the most difficult issues has been parking. The housing board has been
working with staff on possible solutions. When the Marolt project was originally
approved it was with the condition that on-site parking be limited; it has 50 parking
space for 100 units. Parking is a problem in the winter months when there are as
many as 200 residents. There have been problems on the access road and fire lanes.
There is also a problem with spillover to surrounding projects.
Tolen told Council last year they began more aggressive parking enforcement. A
on-site sticker cost $75 per month. "No parking signs" were installed on the access
roads and the police department has helped enforce this. Tolen said they obtained
off site parking spaces at the music campus. Tolen said the city has provided 25
off-site spaces at the golf course. Tolen said they will also discuss with the BOCC
use of the airport intercept lot for off-site parking. Tolen said staff is working on
better parking enforcement on site.
Tolen said the steps from last year have been somewhat successfill; however,
adjacent properties, like the hospital, health & human services and along Doolittle
Drive, are getting an overflow of cars. The parking enforcement for these properties
is difficult and time consuming. This gives the perception of Marolt as a bad
neighborhood. Managers of these properties have asked Marolt management for
help. Tolen said one intent of limiting parking at Marolt was to discourage frequent
attto travel at the property and on the community.
Tolen said the success of this depends both on limiting parking and on offering
alternatives to residents who would be willing to store their cars off-site. There are
two possibilities on that; the music school and golf course parking. Tenants may
also rent a parking space at Benedict commons.
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Asoen City Council Regular Meetin~ January 27, 1997
Tolen said the parking management plan will include paid parking at Marolt;
$75/month. In order to improve the enforcement, an access gate is proposed for
people with parking stickers. Tolen said the spaces at the golf course will be made
available and an incentive will be offered at $100 reduction in the last month' s rent.
Tolen said this is a experiment. Tolen recommended installing extra lighting in the
Marolt lot to increase security. This should be made consistent with the PUD plan
which called for downcast lighting.
Tolen also requested 25 additional spaces for car storage at the Marolt site. These
would be experimental with no additional asphalt or paving or costs. Tolen showed
where these proposed spaces would be located. The intention of these spaces
would be storage except for a verifiable emergency. The manager would retain the
keys; the spots would not be plowed. There will be no financial incentive for
people parking on these storage spaces at Marolt. Tolen said some people on the
housing board feel that any space on Marolt being restricted to parking is
inconsistent with PUD approvals and promises made when the project was
approved. Tolen said they also feel that until every attempt is made to explore
parking disincentives, it is not appropriate to add parking on the property. The
majority of the housing board feels adding these storage spaces is a practical way to
manage the atttomobile and reduce its impact. This will help the project be a good
neighbor and that tenants who park illegally will store their car at the Marolt.
Jim Curtis, housing board, reminded Council Marolt was an experiment. The
housing office has been dealing with this property since 1989. Curtis said
everything at Marolt runs very smoothly except the winter parking. Curtis said he
feels there is a 50 car shortfall in the winter time. These cars wind up at the
hospital, Castle Ridge, city streets and senior housing complex. Curtis said he
would like to experiment with the winter of 1997-98 to find the balance of the
parking options that work for management of the property, the neighbors, and the
residents. Curtis said his concern is if this on-site parking is not done, the housing
office will be back in the next to years to request this amendment.
Stan Clauson, community development director, said most of these changes are
insubstantial amendments. However, the addition of more parking is of some
consequences and inconsistent with the initial approvals for this project Clauson
said the Marolt Project was intended to be as near to car-free as could be. Clauson
told Council this can be improved in the marketing of the project, the enforcement,
and alternate parking off-site. Clauson said this project was intended to be an
affirmative experiment and needs to be marketed this way. Clauson reminded
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Asoen City Council Regular Meetin~ January 27, 1997
Council this was a controversial project and Council has tried to minimize the
atttomobile. Clauson said staff would like to see how these other alternatives work
before adding parking on site. Terry Kapelli, housing office, pointed out that very
few tenants return to Marolt or make a reservation to lease a unit. It is difficult to
market to this type of tenants.
Councilman Marolt agreed with the incentive to not park on the property.
Councilman Marolt said he does not have problems with the extra on-site parking
storage. Councilwoman Waggaman said the purpose is to keep cars off the street.
Councilwoman Waggaman said tenants will say they don't have a car when in
actuality they do. Moving cars around uses up a lot of driving. Councilwoman
Waggaman said she would prefer an off-site parking area. Councilwoman Richards
said she likes the $75/month parking fee and a gate or token system for parking at
Marolt. Councilwoman Richards said a big problem with seasonal tenants is that
they are not as committed to the goals of the community as are long term tenants.
Amy Margemm, city manager, said the experiment of using the golf course parking
lot for long term storage has not been tried yet. This should be tried before more
parking is added to the Marolt. Ms. Margemm encouraged Council to give this
experiment more time especially since it would be very hard to take the parking out
of Marolt once it is added. Ms. Margemm said this project is very close to town
and the trails. This car flee experiment works during the summer.
Councilwoman Richards encouraged staff to talk to the County Commissioners
about using the intercept lot as long term car storage. Councilman Paulson said it
seems like the Council is always leaning towards the car. People should not be
burdening the community with their cars. Councilman Paulson said there is a great
bus service here and people should use it. Councilman Paulson said he is opposed
to adding parking to the Marolt property.
Curtis said the housing office is trying to create a project that serves its fitnction and
works for the community and the neighborhood and works smoothly.
Councilwoman Richards said she would like this project to fillfill the original PUD
agreement, which is that parking will be off-site.
Council agreed with the paid parking at Marolt, the access gate for parking at
Marolt, off-site parking at the golf course and a rebate for parking there, exploring
other off-site parking places but not adding 25 spaces at Marolt until these other
things have been tried to see what the results are.
Asoen City Council Regular Meetin~ January 27, 1997
Councilman Paulson moved to attthorize the housing office to make all changes
proposed in their memorandum with the exception of the Marolt on-site car storage;
seconded by Councilwoman Richards. All in favor, with the exception of
Councilman Marolt. Motion carried.
RESOLUTION #7, SERIES OF 1997 - Cities for Climate Protection
Councilman Marolt said his concern is that this program looks like it may generate
more staff. Councilman Marolt said he does not have anything against the concept
but he does not want this to cost money. Councilwoman Richards said she supports
this resolution because the goal of beginning to monitor greenhouse gasses being
produced by communities is very important. For an awareness and for people to
look at what they are doing to the world is valuable. Councilwoman Richards said
this is a first step and the community should see where there may be efficiencies.
Mayor Bennett said the preponderance of the evidence seems to indicate there are
greenhouse gases. The sane thing is to reduce greenhouse gas emissions while it is
being flirther studied. Councilwoman Waggaman said Aspen is already taking a
leadership role in creating energy efficiency. Councilwoman Waggaman suggested
any action as a result of this resolution should be brought back to Council for
review.
Councilwoman Richards moved to approve Resolution #7, Series of 1997, Cities for
Climate Protection; seconded by Councilman Paulson.
Councilwoman Waggaman suggested adding it is not Council's intent to add to the
existing staff levels. Councilwoman Richards accepted that in her motion; seconded
by Councilman Paulson. All in favor, with the exception of Councilman Marolt.
Motion carried.
Councilwoman Waggaman moved to go into executive session for the purpose of
discussing real property acquisition at 7:45 p.m.; seconded by Councilman Marolt.
All in favor, motion carried.
Councilman Paulson moved to come out of executive session at 8:45 p.m.; seconded
by Councilman Marolt. All in favor, motion carried.
Councilwoman Waggaman moved to continue the meeting to Tuesday, January 28
at 5 p.m.; seconded by Councilman Marolt. All in favor, motion carried.
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Asoen City Council Regular Meetin~ January 27, 1997
Kathryn S. Koch, City Clerk
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Asoen City Council Regular Meetin~ January 27, 1997
CITIZEN COMMENTS ..........................................................................................1
COUNCILMEMBER COMMENTS .......................................................................1
CONSENT CALENDAR ........................................................................................1
Minutes - January 13, 1997 .................................................................................2
Ordinance #4, 1997 - Aspen Meadows Lot 5 Vested Rights Extension ................2
Ordinance #5, 1997 - Aspen Meadows Lot 6 Vested Rights Extension ................2
Ordinance #6, 1997 - ACES SPA, Rezoning, GMQS Exemption .........................2
Resolution #6, 1997 - Contract Software for Community Development ...............2
Resolution #8, 1997 - Contract for 1997 Water Treatment Plant Improvements ...2
Board Appointments ............................................................................................2
ORDINANCE #42, SERIES OF 1996 - Vested Rights Extension -
WinWInLLC/Kastelic Property ...............................................................................3
ASPEN MOUNTAIN PUD - CONCEPTUAL APPROVAL ................................... 3
ORDINANCE #45, SERIES OF 1996 - Code Amendment Open Space .................. 3
ORDINANCE #3, SERIES OF 1997 - Housing Guidelines Amendment ................. 4
MAROLT PARKING PLAN ..................................................................................6
RESOLUTION #7, SERIES OF 1997 - Cities for Climate Protection ......................9
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