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HomeMy WebLinkAboutminutes.council.19970908Regular Meetin~ Asoen City Council Seotember 8, 1997 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Vickery, Markalunas and Paulson present. CITIZEN PARTICIPATION 1. Patti Fox, founding member of Aspen Waldorf school, thanked Council and the city for their management of the Yellow Brick school where the Waldorf School has been housed for the last 6 years. Ms. Fox told Council the Waldorf school has moved to mid-valley and invited everyone to their open house October 4th. 2. Ramona Markalunas thanked Council and staff for their help in securing tax credits for the senior housing project. Ms. Markalunas said Aspen' s project received tax credits amounting to $2.5 million. This was a very competitive process and Aspen's application came in first. COUNCILMEMBER COMMENTS 1. Mayor Bennett urged citizens to keep healthy skepticism when reading the newspapers, especially negative ads. Mayor Bennett suggested if people have questions about the information, they contact someone else, like the city staff, CDOT, or independent engineering firms. 2. Councilman Markalunas said the favorite preoccupation of Aspenites, especially in the off season, is to take one another on about various issues. Councilman Markalunas encouraged citizens to slow down and take time to look at the fall colors. 3. Amy Margemm, city manager, requested a work session on the Burlingame ranch. Council scheduled this for September 30th at 4 p.m. CONSENT CALENDAR Councilman Markalunas removed Ordinance #34, 1997, Amendments to Model Traffic Code. Councilman Vickery removed Resolution #69, 1997, Barbee Annexation. These will be handled under the action items. Councilman Vickery moved to adopt the consent calendar as amended; seconded by Councilman Paulson. The consent calendar is: Regular Meetin~ Asoen City Council Seotember 8, 1997 · Minutes - July 28, August 25, 1997 · Wheeler Board Appointment - Larry Fredrick · Resolution #70,1997 - Johnson Hockey School Agreement · Resolution # 71, 1997 - Amended Water Service Agreement - Centennial Condominium Owners All in favor, motion carried. ORDINANCE #33, 1997 - Code Amendment - FAR Bonus for Historic Structures Amy Amidon, community development department, told Council this code amendment is being brought to Council by HPC. Ms. Amidon said since 1988, the HPC has had the ability to grant FAR bonuses of 500 square feet for outstanding projects. Ms. Amidon said in the last few years, this has become more popular and applicants feel they should get this by right rather than for an especially good project. This code amendment adds some criteria and also requires a work session with HPC before the project is presented so that applicants do not get too far into the design process. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Paulson said it seems odd that when the city has lowered the floor area ratio twice that HPC or Council would be granting FAR bonuses. Ms. Amidon said this bonus is for historic properties only and is to add creativity and flexibility. Mayor Bennett said he shares the concern about increasing FAR; however, if there is one place that justifies this it is in historic preservation. Councilman Vickery moved to adopt Ordinance #33, Series of 1997, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; Vickery, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. DOWNTOWN CORE RESIDENTIAL PARKING Tim Ware, parking department, told Council this issue before Council is from a grandfathered parking permit for a resident in the commercial core. Ware said originally this permit exempted the resident from 90 minute parking and from 3 a.m. 2 Regular Meetin~ Asoen City Council Seotember 8, 1997 to 7 a.m. towing. There have been parking restriction changes since the 1970's when this resident was first granted an exemption from parking restrictions. In 1995 the city adopted residential and paid parking program. Ware said the parking department feels this permit for a resident to park on Spring street should no longer be grandfathered. Ware told Council if all 211 residences in the commercial core were allowed to park outside their residences, this would eliminate a lot of parking in the commercial core. Residents in the commercial core are allowed to have residential parking permits and to choose which zone they want to park in if they do not have off-street parking. Ware said allowing all these residents to park in the commercial core would hamper snow removal and would decrease parking revenues. Ware pointed out the affected person on Spring street is 1/2 block from a residential parking zone. Councilman Markalunas asked how this resident deals with snow removal. Adam Walton told Council he has an arrangement with the streets department when they need to plow snow, they call him and he moves his vehicle. Walton went over the recent newspaper article about his parking permit. Walton told Council the does not park "anywhere" downtown but only on Spring street in front of his residence. The area across the street is HOV parking. Walton said if he were to park in the residential parking zone near his house, once he moves his car it is very difficult to get another space. Parking on Hyman is very congested because of the Aspen Athletic Club. Walton told Council the only other resident in a historic house in the commercial core has a driveway and 2 garages. Walton said he cannot get a curb cut because of his location. His alley is only 18 feet wide. Walton told Council in order to access off the alley he would have to cut down an old crabapple tree and demolish two sheds. Walton said he is the only person in his particular situation. Amy Margemm, city manager, told Council there were hundreds of parking permits issued in the 1970's and 80' s. When the city instituted the paid parking program, all previous permits were invalid. Ms. Margemm said Council should focus on what they would like to see happen in the fitture. Walton said the problems with using the alley for ingress and egress are the narrowness and the large trucks that use this alley. Walton said there are often cars parked illegally in this alley. Walton said getting up to move his car for snow removal is his responsibility and he can take care of it. When there are trucks in the alley, it is difficult to get them moved. 3 Regular Meetin~ Asoen City Council Seotember 8, 1997 Mayor Bennett said the Council' s predicament is treating every resident equally and fairly. Mayor Bennett said he does not feel Council can single out one resident for a downtown parking permit that no other resident has. Councilman Paulson said this resident has owned this house for 25 years, which makes him one of the longest owners in the downtown core. This residence is right on the perimeter of the downtown core. Councilman Paulson said he feels this instance is an exception. Councilman Vickery said he, too, is sympathetic to this situation. Councilman Vickery said Walton is a long time local and may be a victim of time and progress. This house has a benefit to town in its historic preservation. Councilman Vickery said cars and parking on the lot may detract from this structure. Councilman Vickery said this is a low intensity, residential use in a commercial core and does set Walton apart. This is a transitional property. Councilman Markalunas agreed Walton is the victim of time. Councilman Markalunas said the historic value of this property is important to Aspen. Councilman Markalunas said he would like Walton to explore access to this property off the alley. Councilman Markalunas moved that Council grant an extension for one year, one car, on the proviso that Walton investigate and explore access to parking off the alley; seconded by Councilman Vickery. All in favor, motion carried. Council said this should be brought back to Council in one year. The permit will expire in one year. ORDINANCE #35, SERIES OF 1997 - Code Amendment Farmer's Market Councilman Paulson moved to read Ordinance #35, Series of 1997; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #35 (Series of 1997) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, TO AMEND CHAPTER 26 OF THE ASPEN MUNICIPAL CODE TO PERMIT FARMERS' MARKETS AS A CONDITIONAL USE IN THE PUBLIC (PUB) AND PARK (P) ZONE DISTRICTS was read by the city clerk Mitch Haas, community development department, told Council the ordinance would allow farmers' markets and would also add a definition of farmers' markets to the 4 Regular Meetin~ Asoen City Council Seotember 8, 1997 code. Haas noted currently none of the city' s zone districts would allow a farmers' market. Haas said conditional use is reviewed on a case by case basis and impacts of such a use could be looked at for each request. Haas said staff feels the park and public zone would give the city more control over any potential sites. Haas noted another reason for conditional use is that these uses can deteriorate into flea markets rather than farmers' markets. Conditional use review would insure an agricultural focus. Haas told Council this code amendment was reviewed by DEPP, CCLC, HPC, P & Z, parks and planning departments. All Boards have supported the idea of a farmers' market. Haas said staff also looked at special event permits and temporary use permits and decided a code amendment would be the best solution. One issue that has been discussed is the closing public streets for a farmers' market. Haas noted there is a city policy prohibiting retail sales in public rights-of-way. The CCLC feels strongly about maintaining this policy. Haas told Council an encroachment license is delegated to review by the engineering department and does not include any public review. There are concerns from various city and emergency agencies. Once again, staff felt that a code amendment would be the best. The code amendment would add conditional uses in the Park and Public zones. Mayor Bennett said he is extremely supportive of this idea. Mayor Bennett said he has always felt a farmers' market is a community meeting place and would allow people to feel connected to the community. Anything that builds the sense of community in Aspen should be supported. Mayor Bennett said some of the conditions may kill the idea. Mayor Bennett noted that a Council priority is to simplify the government; this list of conditions does not simplify the process. Mayor Bennett suggested taking this as an experiment to see what happens with a farmer' s market at the Silver Circle or the Rio Grande. Mayor Bennett urged staff to check with other cities, if they have not, to see how they handle farmer' s markets. Mayor Bennett said rather than having "an applicant", the city take a proactive approach and state they want a farmers' market and see what can happen out of that. Councilman Markalunas supports the concept of the farmers' market in town as residents make many trips to the fruit stand at Buttermilk and this may cut down some atttomobile trips. Councilman Markalunas suggested that 2 days a week could be the weekend days so that there is more parking available in the downtown area. Regular Meetin~ Asoen City Council Seotember 8, 1997 Councilman Vickery agreed with the concept of a farmers' market and suggested it may be expanded to other zone districts. Councilman Paulson asked how sales tax will be collected. Haas said this will be done through the business license process. Haas said the boards that reviewed the farmers' market were concerned that the produce be "primarily Colorado grown". Amy Margerum, city manager, asked the rationale behind the 2 days a week restriction. Haas said the thinking was that parks are used for many other uses and if someone were using a park for the majority of a week, the other uses would be displaced. Haas said the 2 days a week can be modified but should be modified for a specific application. Charlie Tarver said parks are open space and they should not be used for commercial activity. Tarver asked if there would be mitigation for traffic, for employees, for PM 10, as other commercial uses would have to provide. Tarver asked if these spaces will be rented for the farmers' market use. Haas said the conditional use process has 10 standards, one of which is mitigation that will be dealt with for each specific application. Haas noted this use would be like an organized sport, taking up a park 14 hours a week. Haas said charging rent could be done as part of a vending agreement. Mayor Bennett said traditionally farmers' markets are not run by entrepreneurs but by the growers themselves. Mayor Bennett suggested the definition be amended by adding "direct sale by farmers" to make sure this is not a super market opening in a city park. Councilman Markalunas said he does not want a situation where every single farmer is driving his produce to the farmers' market. Mayor Bennett said the definition can be amended to "direct sale by farmers' and/or their representatives of primarily Colorado grown produce". Councilman Vickery moved to adopt Ordinance #35, Series of 1997, on first reading with the wording changes as discussed; seconded by Councilman Markalunas. Council requested for second reading that staff have information about how other cities conduct their farmers' markets. Roll call vote; Councilmembers Vickery, yes; Markalunas, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #66, SERIES OF 1997 - Ballot Question 6 Regular Meetin~ Asoen City Council Seotember 8, 1997 Barbara Umbreit, community relations director, said this is an exciting opportunity to get citizens more involved in government through this process. Ms. Umbreit said the asset planning committee has suggested that the excess property tax, $77,000, be divided between the 7 neighborhoods for each to come up with neighborhood projects. Ms. Umbreit listed the guidelines; that the decisions will be made at the neighborhood meetings and that the neighbors must come to a consensus. If the project would impact someone not present at the meeting, they will be notified by staff to make sure they do not oppose the project. The project costs should include all costs and also consider maintenance of the project. These projects will be included in the asset management plan so the city can consider replacement, if necessary. Ms. Umbreit showed Council the 7 neighborhoods and told Council the meetings will be well publicized. Amy Margemm, city manager, reminded Council amendment 1, the tax payers bill of rights, imposed a limitation on the amount of revenue that a government can take in. Aspen went to the voters and asked to be relieved from limitations on sales tax but kept the limitation on property tax. The amount of revenue can only go up based on growth and inflation. Ms. Margemm said the city can either refitnd excess revenues or go to the voters with a specific project. Staff is proposing a specific project. The question in the resolution is "Shall the City of Aspen be attthorized to spend, without increasing taxes, an estimated $77,662 in excess 1996 property tax revenues for neighborhood improvement projects to be suggested to the City by local neighborhood groups?". Council said they liked the brevity and clarity of the question. Councilman Paulson moved to adopt Resolution #66, Series of 1997; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #34, SERIES OF 1997 - Amendments to Model Traffic Code Councilman Paulson moved to read Ordinance #34, Series of 1997; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #34 (Series of 1997) 7 Regular Meetin~ Asoen City Council Seotember 8, 1997 AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE 1995 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES", BY THE AMENDMENT AND ADDITION OF SUBSECTIONS was read by the city clerk David Hoefer, assistant city attorney, told Council staff is proposing 6 amendments to the Model Traffic Code; 4 of these are minor language amendments and are very insignificant. One of the more significant changes is giving the parking officers the ability to issue tickets if vehicles are not properly registered. There will be a $100 fine which will be dismissed when the vehicle owner presents proof of legal registration. The other change is to make it an offense for fraudulent use of parking resources, like changing parking passes. Councilman Markalunas moved to adopt Ordinance #34, Series of 1997, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Vickery, yes; Paulson, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #69, SERIES OF 1997 - Barbee Annexation David Hoefer, assistant city attorney, told Council this is the first step in a series of steps for annexation. This step sets the public hearing and directs the city clerk to publish and mail notices of that hearing. The resolution also directs the staff to initiate zoning procedures. Councilman Vickery moved to adopt Resolution #69, Series of 1997; seconded by Councilman Paulson. All in favor, motion carried. Councilman Markalunas moved to go into executive session for the purposes of discussing potential property acquisition at 8 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilman Markalunas moved to come out of executive session at 9:02 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilman Paulson moved to approve the purchase of 937 West Hallam with the conditions to be approved by the city attorney and finance director and to appropriate $100,000 as described by the housing office, subject to due diligence, and to bring the contract back at the next Council meeting; seconded by Councilman Vickery. All in favor, motion carried. Regular Meetin~ Asoen City Council Seotember 8, 1997 Councilman Markalunas moved to adjourn at 9:05 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 9 Regular Meetin~ Asoen City Council Seotember 8, 1997 CITIZEN PARTICIPATION ...................................................................................1 COUNCILMEMBER COMMENTS .......................................................................1 CONSENT CALENDAR ........................................................................................1 Minutes - July 28, August 25, 1997 .....................................................................2 Wheeler Board Appointment - Larry Fredrick ......................................................2 Resolution #70, 1997 - Johnson Hockey School Agreement .................................2 Resolution # 71, 1997 - Amended Water Service Agreement - Centennial Condominium Owners .........................................................................................2 ORDINANCE #33, 1997 - Code Amendment - FAR Bonus for Historic Structures2 DOWNTOWN CORE RESIDENTIAL PARKING .................................................2 ORDINANCE #35, SERIES OF 1997 - Code Amendment Farmer's Market ..........4 RESOLUTION #66, SERIES OF 1997 - Ballot Question ........................................6 ORDINANCE #34, SERIES OF 1997 - Amendments to Model Traffic Code .........7 RESOLUTION #69, SERIES OF 1997 - Barbee Annexation ..................................8 10