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HomeMy WebLinkAboutminutes.council.19970414Aspen City Council Regular Meeting April 14, 1997 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Paulson, Waggaman, Marolt and Richards present. PROCLAMATION - Week of the Young Child Mayor Bennett and Council proclaimed April 13 through 19 as Week of the Young Child and urged all citizens to recognize and support the needs of young children in Aspen’s community. Virginia Newton and Meg Berglund of Kid’s First, Shirley Ritter, Little Red School, accepted the proclamation and presented a list of activities that will celebrate the week of the young child. There is a parade of children through town Wednesday, April 16th. PROCLAMATION - National Telecommunicators Week Mayor Bennett and Council proclaimed April 13 through 19 as National Telecommunicators Week and urged all citizens to support their 911 dispatchers. Ginny Bultman, Pitkin County Communications Center, accepted the proclamation on behalf of dispatchers for law enforcement, ambulance, fire throughout the valley. PROCLAMATION - Child Protection Awareness Week Pat Hall, Pitkin County social services, presented Council and staff with dolls telling stories of children in Pitkin County. These dolls are to focus on the needs of children. This event is occurring throughout the state. CITIZEN COMMENTS 1. Rebecca Schickling, parks department, told Council the city has been given a $60,000 GOCO grant towards the pedestrian bridge connecting the Moore and Iselin properties to Buttermilk. John Wilkinson, state trails board district 3, told Council there were 73 applications for this trails money and Rebecca and the Aspen Park Department are to be congratulated. COUNCILMEMBER COMMENTS 1 Aspen City Council Regular Meeting April 14, 1997 1. Amy Margerum, city manager, reminded Council there is a charette for the Independence Place on Wednesday from noon to 4 p.m. 2. Amy Margerum, city manager, requested an executive session to discussion potential litigation. Councilwoman Richards moved to add an executive session for the purpose of discussion potential litigation to the end of this meeting; seconded by Councilman Paulson. All in favor, motion carried. CONSENT CALENDAR Councilwoman Richards moved to adopt the consent calendar; seconded by Councilman Paulson. The consent calendar is: Minutes - March 24, 1997 Resolution #27, 1997 - Contract - Golf Course Remodel Phase I Gasboy Purchase Approval Resolution #26, 1997 - Hunter Creek Route Vehicle Selection Resolution #25, 1997 - Service Changes for RFTA Airport Shuttle Resolution #24, 1997 - Polling Places for May Election Resolution #23, 1997 - Deputy Municipal Judge/Stephen Ehrlich All in favor, motion carried. ORDINANCE #9, 1997 Cap’s Property Commercial GMQS Extension Mitch Haas, community development department, told Council in 1994, Cap’s was granted a GMQS allotment for 810 net leaseable commercial square footage. The application expired in January 1997. Council also granted approval for 2 affordable housing units as well as vested rights. These expired in February 1997. The applicant has submitted a request for a 6 month extension of these approvals. In the past, Council has approved GMQS extensions if they receive the application before 2 Aspen City Council Regular Meeting April 14, 1997 the expiration date of the approvals. In this case there are two sets of expiration dates; the allotment of commercial space and the vested rights. Haas noted payment of a water service line extension as an additional issue. The water department upgraded service to this building with a 4 inch water service line. This was put in during some work on Mill street to avoid tearing up the street at a later date. The upgraded water service is the responsibility of the developer. This $7800 should be paid within 2 weeks of any final approval of the extension request. Haas recommended approval of this ordinance which grants extension of the allotment for the commercial square footage to August 28, 1997 and exemption for the 2 affordable housing units and denial of the extension of vested rights. Stone Davis, applicant, told Council he does not object to paying the $7800 for the water service line. Davis said he thought the vested rights and GMQS allotment went together. Davis said he is having plans drawn this month for the building and would like to keep the vested rights. Davis said he would like the architect to proceed under the old land use code. John Worcester, city attorney, pointed out Council does not approve extensions of vested rights very often. The two exceptions have been when it is in the best interest of the city and when the applicants were involved in a lawsuit. Worcester said vested right is to balance the interests of the developers so they have some reliance on the codes and the interests of the city to make sure amendments to the code get implemented. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman said she feels the applicant has acted in good faith; however, she does not want to create any precedents for other applicants. Amy Margerum, city manager, pointed out the developer will not lose any land use approvals only the availability to develop under the then land use code. Ms. Margerum noted the city has not made changes to the commercial core district so that the laws should be pretty much the same as when the project was first presented. Mayor Bennett said he supports extension of the development rights and does not think the vested rights are important to this property. Councilwoman Richards said she does not want to get into setting precedents with approving vested rights extensions. 3 Aspen City Council Regular Meeting April 14, 1997 Councilwoman Richards moved to adopt Ordinance #9, Series of 1997, on second reading which grants the extension of 810 square feet of net leasable and GMQS exemption for 2 on-site affordable housing units, and denies the request for vested rights; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Marolt, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #42, SERIES OF 1997 - Kastelic Property - WinWin LLC Vested Rights Extension Councilwoman Richards moved to continue this to July 14, 1997; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #10, SERIES OF 1997 - Silver Lining Ranch Annexation John Worcester, city attorney, told Council there are no outstanding issues in this annexation. This has gone through 2 resolutions and there is compliance with the state statutes. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Paulson moved to adopt Ordinance #10, Series of 1997, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Paulson, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #11, SERIES OF 1997 - Silver Lining Ranch, Rezoning, GMQS Exemption, SPA approval Mitch Haas, community development department, told Council this request is to rezone the property annexed in Ordinance #10. The proposed zoning is academic and conservation with an SPA overlay. This will enable the applicants to create a permanent home for Kids Stuff foundation, a non-profit foundation that brings groups of children with life threatening diseases to Aspen. The facility will contain education rooms, housing, dining and recreation areas. 4 Aspen City Council Regular Meeting April 14, 1997 Haas told Council P & Z reviewed this twice in March and granted final approval for the conditional use and 8040 greenline and stream margin review. P & Z also recommended Council approve the SPA with dimensional requirements and conditions. Haas pointed out where the academic portion of the property, which will contains most of the development, is and where the conservation zone is. The conversation zone is the lower bench and contains floodplain and riparian habitat. The conservation land will have stable and a swimming pool; other than that, it will be maintained in it’s natural state. The SPA will cover both zones. Staff feels the SPA will give flexibility and allow for multiple uses on the property. Haas said the GMQS exemption is required for the on-site housing. Staff and P & Z agree this proposal meets a requirement for exemption under essential public facilities associated with a non-profit group. Andrea Jaeger, applicant, told Council she has been running the Kids Stuff Foundation programs through hotels in town. The Benedicts have donated property for this ranch. David Brown, architect, showed Council the site plans and rendering of the project. Brown told Council they have tried to keep the building on the upper bench. The parking and entrance will be off Ute Avenue. The applicants have made representations they will enforce a van system and will be using that to minimize traffic. Brown said they are willing to comply with the P & Z conditions. This is essentially a big house with a living room and dining room. There will be 20 kids at a time with at least 3 staff dwelling on project. Alan Richman said one of the condition is the applicant enter into an SPA agreement. Richman suggested the application and P & Z resolution could serve as that agreement. Richman said the applicants cannot get a building permit without meeting the conditions of the P & Z resolution. John Worcester, city attorney, volunteered to draft the SPA agreement as it is a condition of approval and should be met. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards said she is supportive of this project. Councilwoman Richards asked how the exemption from GMQS fits into the allotments. Clauson said this will not come out of the exemption pool; it is a Council exemption based on being an essential public facility. Councilwoman Richards said she appreciates this project not being asked to be exempt from the affordable housing requirements. 5 Aspen City Council Regular Meeting April 14, 1997 Councilwoman Richards asked about the comments from the parks department regarding the Nordic trail and the corral. Haas said the conditions were part of the P & Z stream margin and 8040 greenline reviews. Councilwoman Richards asked if there will be a sidewalk. Richman said they are required to join a sidewalk district. They will pave the driveway and turn around and will coordinate the access with the fire department. They do not plan to do anything to change the character of the cul-de-sac. Haas noted a P & Z condition is to look at the parking and PM 10 again in a year. Councilwoman Richards asked if the building has been reviewed under the design review standards. David Brown, architect, noted from the street one will be looking at the narrow end of the building. The mass is broken up from that vantage. There is a covered porch all around the building. Haas pointed out this is right next to the Aspen Club, which is a very large building. Councilwoman Waggaman asked about the trail easement along the river. Haas said the parks department does not want a trail easement along the river; the master plan calls for it on the adjacent property. If the trail needs to be relocated, there is a temporary easement along the property. Brown said the river trail just misses this property. Councilwoman Waggaman said she is concerned about Ute avenue and the traffic generated by this project. Haas noted Ute avenue is closed beyond this project. Richman said the access to the other lots in Stillwater subdivision will be off Highway 82. One lot will be open space. Councilwoman Waggaman asked about development on the mountain side of Ute avenue. Haas said there is not much development left on that side. Councilwoman Waggaman asked about any mitigation for the construction of this project this summer. Brown said they plan on fabricating the wall panels off site which cuts down construction time. Councilwoman Waggaman said she would like them to emphasize workers car pooling. Councilman Marolt said the neighbors on Ute avenue were very vocal about traffic to the Aspen Club. Councilman Marolt asked about the traffic management for this project. Haas said the children at the facility will be required to use the van pool service. Ms. Jaeger told Council this facility will not run every week. There will be about 14 sessions. People are not constantly driving up and down Ute avenue; a lot of activity will take place on the Ranch. Ms. Jaeger said the point is for the ranch to fit into what Aspen is. Ms. Jaeger said the safety of the children on Ute avenue is important. Ms. Jaeger said the concerns is for kids to have a good time for a moment in their life. Ms. Jaeger 6 Aspen City Council Regular Meeting April 14, 1997 said complaints will do nothing for the program she is trying to establish. Ms. Jaeger told Council they sent letters to all the neighbors and asked for their thoughts. Ms. Jaeger told Council only medical organizations will have use of this facility when it is not in use for the children; this is not a free for all. The Kids Stuff foundation offices will be there; there are 3 year round employees. Richman told Council there have been 3 public hearings on this and there has been almost no opposition. Ms. Jaeger reiterated there will only be 20 children per session. The Aspen Club has hundreds of participants a day. Councilman Marolt said this could change into some other use. Richman pointed it this is a conditional use and they do not have the right to do whatever they want on this property. Councilman Paulson asked if Nordic skiing will be party of the program. Ms. Jaeger said it will be when the ranch is complete and the children can exercise close to their quarters. Mayor Bennett said when Council reviewed the Aspen Club, Council heard from dozens and dozens of citizens. Mayor Bennett said he has not received any negative comments about this project. Mayor Bennett said he does not want to limit the numbers of children that might take advantage of the ranch. Councilwoman Richards moved to adopt Ordinance #11, Series of 1997, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Marolt, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #13, SERIES OF 1997 - Puppy Smith Street Vacation John Worcester, city attorney, told Council this vacation request is for that portion of Puppy Smith street that is within ACES. Tom Cardamone, ACES director, told Council this street has been under their control for years. Cardamone said the city would like easements for utilities, which is fine. Worcester noted the map attached to the ordinance lacks detail showing how the vacated street will go to the abutting property owners. Cardamone said the Given Institute owns 40 feet on the southwest corner. Cardamone said the map indicates this vacation would go right through the pillar. Cardamone requested getting an additional 10 feet so the pillars are on the ACES property. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing.. 7 Aspen City Council Regular Meeting April 14, 1997 Councilwoman Richards requested staff look at the Given Institute trail down to the ACES property. Cardamone said this exists as a pedestrian right-o-way bur it would be nice to get it cleaned up. Councilman Paulson moved to adopt Ordinance #13, Series of 1997, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Marolt, yes; Richards, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #22, SERIES OF 1997 - Colorado Riff Raft Temporary Use Permit Chris Bendon, community development department, told Council L. J. Erspamer is requesting a temporary use permit for storage of raft equipment and vehicles on Lawn street. Bendon said they have been using this for the last 2 summers. The city has received no complaints and has letters of support from neighboring property owners. Bendon said staff recommends approval of this with the 9 conditions listed in the resolution. Tim Whitsitt, representing the applicant, said this raft company has been in business for 20 years. Colorado Riff Raft has a good relationship with the Ski Company. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to approve Resolution #22, Series of 1997; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Richards moved to go into executive session for the purpose of discussing potential litigation; seconded by Councilman Marolt. All in favor, motion carried. Council went into executive session at 6:55 p.m. Councilwoman Richards moved to come out of executive session at 8:20 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Waggaman moved to adjourn at 8:20 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. 8 Aspen City Council Regular Meeting April 14, 1997 Kathryn S. Koch, City Clerk 9 Aspen City Council Regular Meeting April 14, 1997 PROCLAMATION - Week of the Young Child ................................ ...................... 1 PROCLAMATION - National Telecommunicators Week ................................ ....... 1 PROCLAMATION - Child Protection Awareness Week ................................ ......... 1 CITIZEN COMMENTS ................................ ................................ .......................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 1 CONSENT CALENDAR ................................ ................................ ........................ 2 Minutes - March 24, 1997 ................................ ................................ ................... 2 Resolution #27, 1997 - Contract - Golf Course Remodel Phase I ......................... 2 Gasboy Purchase Approval Resolution #26, 1997 - Hunter Creek Route Vehicle Selection ................................ ................................ ................................ ............. 2 Resolution #25, 1997 - Service Changes for RFTA Airport Shuttle ...................... 2 Resolution #24, 1997 - Polling Places for May Election ................................ ....... 2 Resolution #23, 1997 - Deputy Municipal Judge/Stephen Ehrlich ....................... 2 ORDINANCE #9, 1997 Cap’s Property Commercial GMQS Extension .................. 2 ORDINANCE #42, SERIES OF 1997 - Kastelic Property - WinWin LLC Vested Rights Extension ................................ ................................ ................................ ..... 4 ORDINANCE #10, SERIES OF 1997 - Silver Lining Ranch Annexation ................ 4 ORDINANCE #11, SERIES OF 1997 - Silver Lining Ranch, Rezoning, GMQS Exemption, SPA approval ................................ ................................ ........................ 4 ORDINANCE #13, SERIES OF 1997 - Puppy Smith Street Vacation ..................... 7 RESOLUTION #22, SERIES OF 1997 - Colorado Riff Raft Temporary Use Permit 8 10