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HomeMy WebLinkAboutminutes.council.19971215Aspen City Council Regular Meeting December 15, 1997 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Richards, Markalunas, Vickery and Paulson present. CITIZEN COMMENTS There were none COUNCILMEMBER COMMENTS 1. Councilman Markalunas reported the December 11 NWCCOG meeting was very informative and was attended by County Commissioners and State Legislators. 2. Councilman Markalunas said Bob and Georgette Vhrain are no longer with Grassroots television and filming City Council. Councilman Markalunas said they will be missed and he would like them to know the city is grateful for the work they have done. 3. Councilman Markalunas presented to Mayor Bennett, “4 Mayors and a Train” as token of appreciation for the all the work he has done to preserve the valley rail heritage. CONSENT CALENDAR John Worcester, city attorney, requested that Ordinance #45, Series of 1997, Historic Designation, 920 W. Hallam, be considered separately as Councilman Vickery has a conflict of interest. Mayor Bennett requested that Ordinance #44, Series of 1997, Barbee conceptual PUD be pulled to an action item. Councilman Markalunas removed Resolution #90, 1997, IGA - Colorado Water Conservation Board Instream Flows - Castle Creek. Councilman Vickery removed Request for Funds - Burlingame Ranch. Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Paulson. The consent calendar is: 1 Aspen City Council Regular Meeting December 15, 1997 Minutes - December 8, 1997 Housing Budget Resolution #91, 1997 - Purchase of Mascotte and 99 Lode Mining Claims Resolution # 92, 1997 - Authorizing Contribution to Purchase Hummingbird Property Resolution #89, 1997 - Contract Maroon Creek Hydroelectric Plant Turbine Replacement All in favor, motion carried. ORDINANCE #45, 1997 - Historic Designation 920 W. Hallam Councilman Vickery stepped down due to a conflict of interest. Councilwoman Richards moved to read Ordinance #45, Series of 1997; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #45 (Series of 1997) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DESIGNATING 920 WEST HALLAM STREET, WHICH IS LEGALLY DESCRIBED AS THE EAST 1/2 OF LOT M, ALL OF LOTS N, O, AND P, AND A PORTION OF LOT Q BLOCK 4, CITY AND TOWNSITE OF ASPEN, AS “H” HISTORIC LANDMARK PURSUANT TO SECTION 26.76.030 OF THE ASPEN MUNICIPAL CODE was read by the city clerk Councilman Markalunas moved to adopt Ordinance #45, Series of 1997, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #90, SERIES OF 1997 - IGA Colorado Water Conservation Board Instream Flows - Castle Creek 2 Aspen City Council Regular Meeting December 15, 1997 Phil Overeynder, water department director, told Council this agreement is to provide for maintenance of in-stream flows on Castle Creek. Council directed staff to work towards this agreement with the Water Conservation Board. Overeynder told Council this agreement will provide for maintenance of 12 cfs in Castle Creek as a minimum stream flow. This is consistent with the filings the Water Conservation Board made in 1976. Cindy Covell, city’s water counsel, told Council this agreement will allow actual administration of an in-stream flow on Castle Creek. The city will be appointed as the Water Conservation Board’s agent to keep track of what water right is in and out of priority. If the in-stream flow is short, the city can place a call on behalf of the Water Conservation Board. Water rights junior to the in-stream flow would be shut down in order to make water available for the instream flow. Ms. Covell said this agreement states if after the junior water rights are shut down and there is not enough water for the 12 cfs in-stream flow, Aspen would be willing to bypass it’s own senior water to be sure there is always 12 cfs in the stream from the Midland flume to the confluence with the Roaring Fork. Ms. Covell said this is a good start for monitoring and administering in-stream flows. If this can develop a good computer model that will predict if the instream flows, it will help to know how to shut off. Ms. Covell said if it turns out the instream flows are short a lot of the time, Aspen may want to consider a donation to the Water Conservation Board. Councilman Markalunas is concerned about the amount that goes to CWCB and how that 12 cfs would play into the city’s operations. Councilman Markalunas suggested a 8 cfs minimum stream flow until the city gets better data. Overeynder said the city does have estimates on water sheds and stream flows. Ms. Covell said the issue is whether the city is giving up hydroelectric revenue for in-stream flows. The preliminary indications are that very occasionally the city will be. Councilwoman Richards said she does not support lowering the minimum stream flow. This stream flow was established by the Water Conservation Board 20 years ago. Ms. Covell said this agreement will help the Water Conservation Board administer their 1976 water right and will find out when properly administered when that water right comes up short. The city has older water rights and could give a portion of the Midland flume Castle Creek flume water right to the Water Conservation Board and get an additional use for the 1880 water right to be in- stream flow from Court. Ms. Covell said taking a water right to court can be expensive and risky. 3 Aspen City Council Regular Meeting December 15, 1997 Councilman Paulson said he does not support lowering the stream flows. Councilman Markalunas said background information on what it takes to maintain minimum stream flow for fish is lacking on most of the city’s streams. Councilman Markalunas said 12 cfs may be an arbitrary number. Mayor Bennett said he would rather err on the high side in order to maintain aquatic habitat. This agreement can be changed or deleted within 60 days. Councilman Paulson moved to approve Resolution #90, Series of 1997; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #40, SERIES OF 1997 - Appropriations Sheila Steinauer, budget director, told Council the only items added since first reading are payouts for the asset manager and community relations officer and finishing for the golf course offices. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #40, Series of 1997, on second reading as amended; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #41, SERIES OF 1997 - North Spruce Street Water Extension Phil Overeynder, water department director, reminded Council Resolution #5, 1993 sets out policy for extensions of water outside city limits. Agreements are negotiated to make sure extensions are consistent with that policy. The ordinance then implements the water service agreement. Overeynder said this water extension is for 3 lots that border the Williams Ranch area north of the city. Williams Ranch was annexed and water extended in 1995. Overeynder said as part the Williams Ranch agreement, there is a separate water service area, pumped above the 8040 greenline. Overeynder said this extension could serve up to 2 more lots for a total of 5 lots in the area. Overeynder said an important issue in any water extension is if there is enough water to go around to meet all the needs within the city service area and still meet in stream flow demands. Overeynder told Council 994 ECU’s were to be connected 4 Aspen City Council Regular Meeting December 15, 1997 from recent water service agreements. Because of lower than anticipated water consumption they can serve all water demands and still make further commitments for water service. This particular agreement is for 10.8 ECU’s. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked if all 5 lots have homes. Camilla Auger, representing the applicants, told Council this is for existing houses. There is a vacant lot with an approved dwelling which is not built. Ms. Auger said the purpose of this extension is to get water to the top lot as their well has failed. Councilwoman Richards asked if this extension of water will enable larger homes to be built on these lots. Overeynder said this agreement allows for 10.6 ECU’s, which is based on typical lot size and developments. Mayor Bennett said it seems approving water to this area will open it up to further development. Ms. Auger said this agreement is to get city water to existing houses. Overeynder said the agreement states approval is for what exists on each of the lots currently. If Council annexes the territory, it will open up possibility for development. Councilwoman Richards said she would like to know if this creates an opening for expansion up Hunter Creek or Smuggler mountain. Ms. Auger suggested passing this ordinance restricted to the existing houses. Overeynder pointed out this contract refers to the exact ECU’s of the water requirements of the developed lots. John Worcester, city attorney, suggested that paragraph 1 on page 3 be amended by deleting the end of it. Worcester said the correct ECU’s should be initialed by all parties. The ordinance should also be amended to deal with only 3 owners and that staff does not have approval to add new properties. Councilman Markalunas moved to adopt Ordinance #41, Series of 1997, on second reading, subject to amendments as suggested by the city attorney; seconded by Councilman Vickery. Roll call vote; Councilmembers Markalunas, yes; Vickery, yes; Paulson, yes; Richards, abstain; Mayor Bennett, yes. Motion carried. ORDINANCE #42, SERIES OF 1997 - 1998 Fees 5 Aspen City Council Regular Meeting December 15, 1997 John Worcester, city attorney, reminded Council staff reviews the fees and recommends increases annually to bring the city service on a par with actual costs. Staff looks at the fees to see if they provide sufficient revenues to cover the costs. This year staff looked at the fees to make sure they cover the costs and to try and limit the increases to 4 percent. This year there are fewer increases than last year. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Mayor Bennett suggested not approving the increase in planning fees. These fees are already high. Mayor Bennett pointed out in August 1996, one of the top 3 priorities of Council was to simplify the land use code. This has not been done and Mayor Bennett said he does not feel comfortable increasing the fees. Council agreed. Councilwoman Richards moved to adopt Ordinance #42, Series of 1997, and hold the planning department fees the same as 1997; seconded by Councilman Markalunas. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Vickery, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #43, SERIES OF 1997 - Tennis Townhomes Extension of Vested Rights Amy Guthrie, community development department, told Council this is a 1 month extension for Lot 6 of the Aspen Meadows. The applicant was held up because HPC did not have a quorum. The applicants requested a month in order to get their building permit in order. Staff has no problem with this extension. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #43, Series of 1997, on second reading; seconded by Councilman Paulson. Gideon Kaufman, representing the applicant, requested Section 1 #3 be changed from “at the time of building permit application” to “Prior to building permit being issued”. Councilwoman Richards amended her motion to include that change; seconded by Councilman Paulson. Roll call vote; Councilmembers Vickery, yes; Markalunas, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. 6 Aspen City Council Regular Meeting December 15, 1997 RESOLUTION #88, 1997 - Adopting the Aspen Downtown Enhancement and Pedestrian Plan Bob Nevins, community development department, said after 20 months of meeting bi-weekly, the DEPP task force recommends the adoption of plan 2 as the preferred alternative for the downtown area and to request authorization to proceed with phase 3 of the plan. Nevins said the 22 member task force has studied the downtown area Main street to Durant; Aspen to Original - a 24 block area. The task force developed goals and objectives. In phase 1 an inventory and analysis of existing downtown conditions was prepared. Phase 2 looked at several alternatives to improve the downtown area. Alternative 1 was a modest proposal with sidewalk linkages and minor adjustments to the mall. Alternative 3 was a comprehensive and aggressive plan proposing the expansion of the malls. The task force selected alternative 2 as the one which met the goals and best balanced the resident needs with the visitor needs. Nevins said the plan focuses on the public right-of-way, from building face to building face. Nevins said the task force has not addressed policy considerations or private spaces. Nevins said the plan includes a light rail alignment down Monarch ending at Rubey Park with Rubey Park becoming more of an intermodal center. The plan incorporates the Galena street trolley; it looks at Independence Place Plaza with its various uses; the pedestrian and bikeway plan and tries to incorporate missing links on the edges of downtown; and suggested safety improvements. Nevins said the task force recommends retaining and enhancing the existing pedestrian malls and to accentuate the existing street grid in town. Nevins said the Mill and Galena plaza ends should be finished off. Two gateways into town should be created; one at the hotel Jerome at Mill and Main, and the other at the eastern end of town at Original and Cooper. Nevins said the task force looked at developing a street hierarchy to orient the visitor to let them know the different streets and uses, like commercial core streets, secondary commercial streets, and residential/lodging streets. The task force has recommended parallel parking on commercial streets to allow extending the sidewalks and give more pedestrian room. Nevins noted currently there are 1600 on-street parking spaces downtown. The task force recognizes the importance of the relationship between parking and commercial activity in the downtown area. 7 Aspen City Council Regular Meeting December 15, 1997 Phase 3 is design/development, to get into more detail as to what the streets will look like, street furnishings, paving types, cost estimates for these improvements. The task force will look at potential funding and phasing options and improvements to the land use code. Nevins said different types of funding possibilities are utilization of open space cash-in-lieu fund; working with city departments to look at their improvement programs and see where they can be combined; joint venture with private property owners. Councilman Vickery asked what phase 3 of the contract entails. Nevins said the original funding for the study was $105,000, including add-services to $110,000. Nevins said staff is not requesting additional funding but to stay within the existing contract. Phase 3 is $27,000 and will complete the contract. Nevins said the task force has discussed an added service of additional survey work. Adopting this resolution gives authority to go ahead with phase 3. Councilwoman Richards asked if phase 3 will include policy considerations such as open space requirements, vertical zoning, affordable housing density. Nevins said it will. Nevins told Council this plan has been approved by P & Z and HPC with the caveat that any detailed plans or diversions from this concept go back to both boards for review. Councilwoman Richards said this is an excellent document and represents a lot of hard work of staff and DEPP and a good look into where the community wants to be in the future. Councilwoman Richards said the work and physical designs should be fully integrated with other city departments. Council agreed this is an excellent plan and thorough job. Councilman Markalunas moved to adopt Resolution #88, Series of 1997; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #44, SERIES OF 1997 - Barbee Conceptual PUD Councilman Paulson moved to read Ordinance #44, Series of 1997; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #44 (Series of 1997) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL PLANNED UNIT DEVELOPMENT APPROVAL FOR THE BARBEE PROPERTY, LOTS 1 AND 2 OF BLOCK 11, AND LOTS 1-9 OF 8 Aspen City Council Regular Meeting December 15, 1997 BLOCK 5, CITY AND TOWNSITE OF ASPEN, PLUS ADDITIONAL METES AND BOUNDS DESCRIBED PROPERTY WITHIN THE CITY OF ASPEN AND PITKIN COUNTY AS REPRESENTED, PARCEL NO. 2735-131-00-100 was read by the city clerk Chris Bendon, community development department, said this proposed development is 10 units in the 70/30 affordable/free market mix for the AH1 zone. This site is located at the base of Shadow mountain, south of Koch Lumber park. The property includes a portion of Shadow mountain, proposed to be a conservation parcel. Staff and P & Z are recommending Council approve this conceptual PUD with conditions. Bendon showed Council the site, the existing Barbee house, the surrounding projects, Shadow mountain, the 8040 elevation line, the city limit line. The portion of the property in the city is zoned R-15 and conservation. The portion of the property in the county is AFR10 and R-15. Bendon said the proposed uses are residential and conservation with a conservation easement to encumber portions of lot 1. Bendon showed the lot configuration for 10 units, 3 free market, 3 ROs and 4 category units. AH1/PUD allows a 70/30 affordable/free market mix. Within the 70 percent affordable, 30 percent of the units can be RO units. Bendon noted an extra parcel that will be used only for access and carports for the category units. The four category units are in a duplex configuration with ownership of the property beneath the units. Mayor Bennett said he has concerns about the mix of units. The free market and RO represent 60 percent of the units and almost 80 percent of the floor area of the project. Mayor Bennett said this does not seem to be in the spirit of the city’s affordable housing zone. Bendon said according to the city’s land use code, both 70 percent of the units and the bedrooms have to be affordable. Bendon said the housing guidelines cover FAR and state that category units have to be a certain size depending on the category. RO units have a maximum FAR of 2200 square feet with allowances for basement and garage space. The free market units get the remainder of the FAR with any other conditions placed on it. The free market units are proposed at 4500 square feet on fairly large lots. Bendon noted the FAR is based on the fathering parcel and in this case there is over 100,000 square feet of FAR to divide up between the residences. Sunny Vann, representing the applicant, told Council this property was left to 3 members of the Barbee family in an undivided interest and the house was left to 9 Aspen City Council Regular Meeting December 15, 1997 Mary Barbee. Mary Barbee would like to keep the house, and needs to create a lot of that structure. Vann noted one cannot subdivide in the city unless there is the right to build so there could not be a subdivision just for Mary Barbee’s house. John Barbee would like to be able to live on the property. The Barbees need to create 3 free market lots and so come up with 7 affordable units. The parcel for Mary Barbee is larger so that she can own the hillside behind her house. A specific building envelope for the house will be designated and the lot will be encumbered with a conservation easement. Vann said in order to develop the remainder of the property, the Barbee sought a partner. In order to keep this affordable, the Barbees entered into a partnership with Aspen Pitkin Employee Housing, a non-profit organization. The Barbees will convey a portion of the property to APEH, who will develop the 70 percent affordable housing. APEH and the Barbees will share some development costs. Vann said the RO units will be small homes at the rear of the site tucked against the base of the mountain. The category duplex units are a buffer against Koch park. Vann said one of the RO lots will be given to APEH as a cushion to help defray the costs of construction of the 2 duplex units. The other two RO lots are earmarked for 2 members of the Barbee family, if they qualify with the criteria. The category 4 units are designed to make sure this is a break even project. Vann said the free market units will be limited to 3 bedrooms. The category 4 units will be 1400 square feet 3 bedrooms units and the RO units are required to be a minimum of 3 bedrooms. Vann said this proposal complies with all dimensional requirements of the AH zone district. The only area a variance in the PUD process will be requested is for each side of the duplexes to have it’s own land and the lots will be smaller than 3,000 square feet. Vann said the intent of this proposal is to solve the Barbee’s problems, provide a reasonable return, comply with the AH guidelines, and provide a mechanism for APEH to develop the project and have it pay for itself. Reid Haughey, APEH director, told Council the commitment of the APEH board is whatever savings they can accrue will go toward the project. APEH and the housing office have developed pro formas. Vann said the Barbee family has pledged proceeds from a second RO lot to help offset the costs of development on the AH portion of the project, in the event this is required. Councilwoman Richards told Council when the housing board reviewed this, they did discuss greater density; however, the owners were not interested in more 10 Aspen City Council Regular Meeting December 15, 1997 density. The Housing Board also questioned whether one of the RO lots could be a category duplex. Councilwoman Richards said the housing board is questioning whether the current AH regulations garner too many RO units; however, this is in the process and the guidelines have not yet changed. Councilwoman Richards questioned the appropriateness of disconnecting the funding of the AH and RO portions of the project. Vann said this proposal is what works for the Barbee family. Most people develop their own projects, and in this case it was not possible and they had to find partners. The subsidy is giving up a portion of the property for development at no compensation as the quid pro quo for 3 free market lots. Councilman Markalunas pointed out the Barbees have owned this property for many decades. They have had opportunities to sell this property for development. The proposal is to give quite a bit of the parcel as a conservation easement. Councilman Markalunas said this is a good project and he supports it going forward. Jeff Woods, parks director, agreed this is critical open space was part of the vision to have a trail from Little Cloud, across this property and over toward Ute trail. Woods said a trail easement should be included in the final PUD approval. Mayor Bennett said before second reading he would like to know if the city has ever approved a project that is category 4, RO and free market. Mayor Bennett said he would like to know a justification for approving a project like this. Vann said the city’s regulations state it is the developer’s choice as to the selection of the categories and the mix within the basic parameters. Mayor Bennett said Council’s message on these type of projects has always been that they want a mix of units throughout the project. Mayor Bennett said in this project affordable housing is subsidizing other affordable housing and the free market units are exempt with no cash going to affordable housing. Mayor Bennett said this is a departure from any project approved in the past. Vann said the Barbees are subsidizing the affordable housing through the donation of land. The issue is whether the categories are what the city is willing to accept. Councilman Vickery asked what the applicant means by “devaluing the free market lots in order to build the project”. Vann said this is not the best location for free market lots; the lots are very narrow; the residential design standards impose numerous restrictions. The majority of the flat portion of the property is going to the affordable housing. Councilman Vickery said it is important to him that RO units are resident occupied. 11 Aspen City Council Regular Meeting December 15, 1997 Councilman Paulson moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Vann said the applicants have heard Council’s concerns. This project is the best solution for this piece of property that meets all the objectives. Councilwoman Richards moved to adopt Ordinance #44, Series of 1997, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Vickery, yes; Richards, yes; Mayor Bennett, yes. Motion carried. REQUEST FOR FUNDS - Burlingame Ranch Councilman Vickery asked if all of parcel B is being paid by the MAA. Dave Tolen, housing director, said all costs are being covered by MAA. Tolen said these costs will get preliminary answers to proceed with the development stage of Burlingame Ranch. Tolen said a neighborhood group is meeting including the Caudills, Connie Harvey, Soldner, representatives of the Maroon Creek Club, and the landowners - Zolines, city and Aspen Valley Land Trust. The mission of this meeting is to find if there is agreement to plan the land together. Money has been spent on consultants - wildlife and traffic - to answer access questions. There will be a work session with Council on January 20th at which time staff will know whether to go ahead full scale master plan or a more limited plan. Councilwoman Richards said she would like these questions also to also be able to go towards the work necessary for annexation. Councilman Vickery moved to approve the expenditure of $100,000 from the housing/daycare funds for predevelopment expenses for Burlingame Ranch; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas moved to go into executive session at 9:15 p.m. for the purpose of discussing potential litigation; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 9:45 p.m.; seconded by Councilman Paulson. All in favor, motion carried. 12 Aspen City Council Regular Meeting December 15, 1997 Councilman Markalunas moved to come of executive session at 9:55 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to adjourn at 9:55 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 13 Aspen City Council Regular Meeting December 15, 1997 CITIZEN COMMENTS ................................ ................................ .......................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 1 CONSENT CALENDAR ................................ ................................ ........................ 1 Minutes - December 8, 1997 ................................ ................................ ............... 2 Housing Budget ................................ ................................ ................................ .. 2 Resolution #91, 1997 - Purchase of Mascotte and 99 Lode Mining Claims .......... 2 Resolution # 92, 1997 - Authorizing Contribution to Purchase Hummingbird Property ................................ ................................ ................................ .............. 2 Resolution #89, 1997 - Contract Maroon Creek Hydroelectric Plant Turbine Replacement ................................ ................................ ................................ ........ 2 ORDINANCE #45, 1997 - Historic Designation 920 W. Hallam ............................. 2 RESOLUTION #90, SERIES OF 1997 - IGA Colorado Water Conservation Board Instream Flows - Castle Creek ................................ ................................ ................. 2 ORDINANCE #40, SERIES OF 1997 - Appropriations ................................ .......... 4 ORDINANCE #41, SERIES OF 1997 - North Spruce Street Water Extension ........ 4 ORDINANCE #42, SERIES OF 1997 - 1998 Fees ................................ .................. 5 ORDINANCE #43, SERIES OF 1997 - Tennis Townhomes Extension of Vested Rights ................................ ................................ ................................ ...................... 6 RESOLUTION #88, 1997 - Adopting the Aspen Downtown Enhancement and Pedestrian Plan ................................ ................................ ................................ ........ 7 ORDINANCE #44, SERIES OF 1997 - Barbee Conceptual PUD ........................... 8 REQUEST FOR FUNDS - Burlingame Ranch ................................ ...................... 12 14