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HomeMy WebLinkAboutminutes.council.19990726Regular Meeting Aspen City Council July 26, 1999 PROCLAMATION - Colorado Cares ............................................ 1 RESOLUTION #63, SERIES OF 1999 - Supporting Wilderness Bill ...... 1 CITIZEN PARTICIPATION ...................................................... 1 COUNCILMEMBER COMMENTS .............................................. 1 CONSENT CALENDAR ........................................................... 2 Request for Funds - Recreation Facility Fact Finding Trip ............ 3 Resolution #61, 1999 - Window Replacement Contract - Yellow Brick ................................................................................. 3 Ordinance #33. 1999 - 308 N. First, Addition to Historic inventory .3 Ordinance #32, 1999 - Code Amendment Conservation District Dimensional Requirements ....................................................... 3 Resolution #62, 1999 - Readoption of Annexation Plan ................. 3 Minutes June 28. July 12. 1999 ............................................. 3 ORDINANCE #29, SERIES OF 1999 - Regulating Delivery Vehicles ....3 ORDINANCE #30, SERIES OF 1999 - Code Amendment Exempting Trash Enclosures from Building Code ............................................ 8 ORDINANCE #31, SERIES OF 1999 - Sale of Revenue Bonds ............ 8 REQUEST FOR FUNDS - Yellow Brick ....................................... 9 TROLLEY LEASE PROPOSAL .................................................. 9 BALLOT LANGUAGE - Bass Park ........................................... 11 BALLOT LANGUAGE - Busway .............................................. 13 14 Regular Meeting Aspen City Council July 26, 1999 Mayor Richards called the meeting to order at 5:05 p.m. with Councilmembers Paulson. Markalunas, Hershey and McCabe present. PROCLAMATION - Colorado Cares Mayor Richards and Council proclaimed July 31 as Colorado Cares day, a day to give back to Colorado, a day in recognition of the hundreds of Aspenites who support the non-profits and who do so much for the community. Ellen Friedman. Aspen Foundation, accepted the proclamation and said they appreciate all the City of Aspen does to support the Aspen Foundation and the non-profits of the community. RESOLUTION #63, SERIES OF 1999 - Supporting Wilderness Bill Mayor Richards moved to add to the resolution "Whereas implementation of wilderness designation will require respect and due consideration to be given to working out issues surrounding private property rights, existing leases, and individual needs for access through these lands": seconded by Councilman Hershey. All in favor, motion carried. Mayor Richards read Resolution #63, Series of 1999, into the record. Councilman McCabe moved to adopt Resolution #63, Series of 1999. as amended: seconded by Councilman Hershey All in favor, motion carried. CITIZEN PARTICIPATION There were no comments COUNCILMEMBER COMMENTS 1. Councilman Hershey thanked the law enforcemem departments and all volunteers whom did an excellent job welcoming the President and First Lady. 2. Councilman Paulson said he was quite impressed meeting President and Mrs. Clinton, who took the time to talk with local elected officials about local issues. 1 Regular Meeting Aspen City Council July 26, 1999 3. Mayor Richards said there were opportunities for community leaders to express support to PreSident Clinton for legislation on issues like urban sprawl and to discuss affordable housing, in which the Ciintons are interested. 4. Councilman McCabe thanked Camilla Auger, chair of the Pitkin County Democratic Party, for her efforts in organizing the president's visit and in making sure the local contingency was taken care of. Councilman McCabe said Mayor Richards did a great job as the city's spokesperson. 5. Councilman Markalunas refaffirmed that Council and the city appreciate all the volunteers who contribute so much time to the community. Councilman Markalunas said without these volunteers the community would be a much poorer place. 6. Councilman Markalunas said Aspen should consider adopting a thistle for the city flower. The city has been getting a lot of rain this year and the thistles are proliferating. Councilman Markalunas asked that citizens pull of a thistle or "Thrash a Thistle" in memory of Fritz Benedict to help keep these weeds from going to seed. 7. Councilman McCabe said he would like to bring up the ballot issue of a busway across the Marolt property as action item (c). CONSENT CALENDAR Councilman McCabe moved to read Ordinances #32 and #33, Series of 1999; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE No. 32 (Series of 1999) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING TEXT AMENDMENTS TO MUNICIPAL CODE SECTION 26.710.220. "CONSERVATION (C) ZONE DISTRICT. D. DIMENSIONAL REQUIREMENTS", PURSUANT TO CHAPTER 26.310.020. AMENDMENTS TO THE LAND USE REGULATIONS AND OFFICIAL ZONE MAP, OF THE ASPEN MUNICIPAL CODE Regular Meeting Aspen City Council July 26, 1999 ORDINANCE No. 33 (SERIES OF 1999) P~N ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE ADDITION OF 308 N. FIRST STREET, LOT 2. NOLAN LOT SPLIT. CITY AND TOWNSITE OF ASPEN, COLORADO TO THE INVENTORY OF HISTORIC SITES AND STRUCTURES Parcel I.D. #2735-124-21005 were read by the city clerk Councilman McCabe moved to adopt the consent calendar; seconded by Councilman Markalunas. The consent calendar is: · Request for Funds - Recreation Facility Fact Finding Trip · Resolution #61. 1999 - Window Replacement Contract - Yellow Brick · Ordinance #33. 1999 - 308 N. First, Addition to Historic inventory · Ordinance//32, 1999 - Code Amendment Conservation District Dimensional Requirements · Resolution #62, 1999 - Readoption of Annexation Plan · Minutes June 28, July 12, 1999 Roll call vote; Councilmembers Paulson, yes: Markalunas. yes; McCabe. yes; Hershey, yes; Mayor Richards. yes. Motion carried. Councilman Hershey moved to continue the Barbee annexation, Ordinance #12, Series of 1999, to August 23, 1999; seconded by Councilman Paulson. All in favor, motion carried. City Attorney John Worcester requested Council add an executive session to the end of the agenda. ORDINANCE//29, SERIES OF 1999 - Regulating Delivery Vehicles David Hoefer, assistant city attorney, explained that this new regulation would restrict delivery vehicles in the commercial core between 8 p.m. and Regular Meeting Aspen City Council July 26~ 1999 5 a.m. Hoefer said this restriction came about as a result of public complaints. Staff mailed out 500 notices of public meetings on this code amendment Hoefer said between 10 a.m. and 8 p.m. deliveries will be permitted in loading zones and in alleys but not in streets. Hoefer emphasized this only applies to the commercial core, bordered by Durant to the south, Monarch to the west. Main street to the north, and Spring street to the east. Hoefer reminded Council at first reading, they requested an amendment so this does not apply to newspapers or fast food deliveries. This ordinance contains those amendments. Hoefer said this ordinance is a fair approach to deliveries within the city and will contribute to the well being of people living in the commercial core. Bill Dinsmoor, CCLC member, said some areas like City Market and Domino's are not included because their blocks are not zoned CC; however, large delivery trucks still impact the residents in the adjacent areas. Dinsmoor told Council the CCLC has been discussing this code amendment since 1994 and has had public hearings with delivery companies, UPS, FedEx. Many of these companies see the benefit of having unrestricted alleys for faster more efficient deliveries. People living in the commercial core have also asked for an opportunity to have uninterrupted quiet during sleeping hours. Tim Ware. parking department, told Council from an enforcement perspective this is not a large change from what is already occurring during daytime. Delivery is allowed before 10 a.m. and after that alleys and loading zones are encouraged. Enforcement will be split between parking during daytime hours and the police department at night, unless they are called to a crime. Hoefer pointed out the effective date is proposed to be October 1, 1999. Mayor Richards opened the public hearing. Mike Hsulack, Sandy's Office Supply, presented letters for the record from Aspen Florist and a distributor for the florist stating they will not be able to do deliveries during the day, and a letter from Orrison Distributing whose primary concern is additional congestion in the alleys and difficulty in moving through town in an expeditious manner. Hsulack said the delivery companies he contacted were not involved in this ordinance and Regular Meeting Aspen City Council July 26, 1999 no one has come over to Sandy's about this ordinance. Hsulack said he counted commercial vehicles at Mill and Main On a weekend, nOon, in July for 30 minutes and there were 112 commercial vehicles. Of these commercial vehicles, only 20 percent were delivery vehicles. Hsulack said the city is trying to pass an ordinance to deal with the smallest part of the problem. Hsulack said another concern is safety and one reason companies want to delivery in the middle of the night is safety. If trucks are forced to deliver at 6 a.m. it will still be dark, kids are going to school. This will be creating a safety issue. Hsulack said nighttime delivers also cut down on congestion. There will also be an environmental impact from trucks circling blocks and idling. Felix, Louis Swiss Pastry, said his company delivers to hotels at 4 or 5 a.m. in the morning. Mayor Richards said this will be an issue with any bakery delivering early morning. Mayor Richards noted that the AACP is calling for more in-fill and residential development in the commercial core. The community has taken a direction of encouraging people to live in the downtown core. John Starr, CCLC, told Council his commission has had dozens of meetings on this issue, has had between 20 and 25 delivery drivers discuss this. Starr said the CCLC and delivery companies came to a consensus that this is a code amendment that both sides can live with. Mayor Richards said there has been a defined problem of delivery trucks in alleys that has come up repeatedly in complaints and citizen surveys. John, city market manager, said the proposed schedule would seriously affect City Market who has deliveries 6 nights a week. There is only a small window for the market to get these groceries from the truck to the market floor when the store is not crowded with customers. Mark, Rollins Dedicated Carriage Service, told Council they deliver office supplies to Sandy's 5 nights a week. The schedule and drop for Aspen is part of a route and they cannot wait until after 5 a.m. Terry Butler, CCLC member, presented a summary of what the CCLC has done over the last 3 years on this issue. This includes a list of all delivery people who were included and commented. Ms. Butler said she lives Regular Meeting Aspen City Council July 26, 1999 downtown; there are almost 200 residents in the downtown area. These people live adjacent to alleys and deal constantly with noisel Ms. BUtler said businesses and residents will have to make some compromises. Ms. Butler said she feels 5 a.m. is too early; however, this is a compromise. W. R. Walton submitted a letter to the record. Walton tOld Council he is most affected by deliveries to Sandy's Office supply. Walton said the community has to work together; deliveries should be made after 5 a.m. Walton said his house has been in this location 132 years, much longer than most commercial businesses. Walton said there are over 200 people living in the downtown area. If the city is to encourage more people in the downtown, the noise has to be kept at a minimum. Jori Busch, CCLC member, said they have worked on this problem since 1994. Busch said other cities and resorts do have controls over delivery times. Hsulack said Telluride passed a delivery vehicle ordinance and has already repealed it. Hsulack said some delivery companies have said they will not deliver in areas with restrictions. Mike, Domino's Pizza, said they are not in the commercial core; however, this ordinance could be expanded to take in other districts. Mike said his business is part of a statewide route that is unchangeable. Mike said he is more than willing to be part of the solution, whether it means turning off the trucks or something else, they will try it. Their deliveries are made off Original street and take about 45 minutes. It is better to take these deliveries at 3 a.m. rather than 10 a.m. when the streets are very busy. Peter, Aspen Mountain Supply, told Council he has been doing business in the valley for 14 years, Peter said this ordinance may fill up the loading zones and alleys and make it harder for trucks to park. Gary Davis, United Stationers, told Council they have a designated state route and it is not economically feasible to change towns around. John Starr, CCLC, noted that the Aspen Area Community Plan wants to expand the residences in the commercial core. Starr said the vitality of the downtown area on the weekends is lacking and people need to be encouraged to move downtown. Mayor Richards asked if street-side delivery was discussed and eliminated, or did the CCLC just discuss alley delivery. Starr said part of the problem is parking spaces and street accessibility. Randy ReadY, assistant city 6 Regular Meeting Aspen City Council July 26, 1999 manager, reminded Council there is a small amount of time to clear snow from the streets. Mayor Richards closed the public hearing. Councilman McCabe supports the ordinance as people living in town have the right to peaceful enjoyment of their property. Councilman McCabe said he would like to try this code amendment. Councilman Markalunas said the founding document of this country calls for the right to life, liberty and the pursuit of happiness. The right of life is not mere existence but the right to peaceful existence and to have a good night's rest. Business should not intrude on that right. Councilman Markalunas supports the adoption of this ordinance. Councilman Hershey said often in solving one problem, another problem is created. Councilman Hershey said this ordinance may create more traffic in the alleys. Councilman Hershey said he is concerned about enforcement of this ordinance. Councilman Paulson supports this ordinance and suggests CCLC be in charge of reviewing exemptions or locations where strict adherence may not work. Councilman Paulson said he would like tO encourage businesses look at other ways of delivery, like bicycles and electric cars. Mayor Richards supports this code amendment and would be willing to change the allowable delivery time to 9 p.m. from 8 p.m. Mayor Richards agreed CCLC should look at hardship cases for deliveries. Mayor Richards suggested tabling this and let staff address these amendments. Council agreed with changing the hour to 9 p.m., exemptions for exigent circumstances and looking at allowing small vehicle deliveries. Councilman Markalunas Moved to continue Ordinance//29, Series of 1999, with instructions to CCLC to draft language to exempt small vehicles that would have no impact, to look at review criteria for street side deliveries when no other type of delivery is available, and to look at changing the allowable delivery time to 9 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Regular Meeting Aspen City Council July 26, 1999 ORDINANCE #30, SERIES OF 1999 - Code Amendment Exempting Trash Enclosures from Building Code Brian Flynn. environmental health department, reminded Council last spring a wildlife protection ordinance was passed which required trash containers be bear resistant. Flynn told Council he want not aware of the building code requirements in order to build a simple bear resistant container, which would increase the cost of the trash enclosures and also burden the building deparrmem. This proposed amendment modifies the definition of wildlife resistant dumpster enclosure by exempting any enclosure under 120 square feet from requiring a building permit. The proposed amendment also will not allow attachment to a historic structure, or in the public right-of-way and that the enclosure be adjacent to an alley whenever possible. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman McCabe moved to adopt Ordinance #30. Series of 1999, on second reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Paulson, no; Hershey, yes' Markalunas, no; McCabe. yes; Mayor Richards. yes. Motion carried. ORDINANCE #31, SERIES OF 1999 - Sale of Revenue Bonds Tabatha Miller, finance director, told Council this ordinance has been written as an emergency ordinance so that the bonds may be sold immediately. The bonds have already been marketed with an average interest rate of 5.38 percent. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Markalunas moved to finally adopt Ordinance #31, Series of 1999; seconded by Councilman McCabe. Roll call vote; CounCilmembers Markalunas, yes; McCabe, yes; Hershey, yes; Paulson, yes; Mayor Richards; yes. MOtion Carried. Regular Meeting Aspen City Council July 26, 1999 REQUEST FOR FUNDS - Yellow Brick Tim Anderson, recreation director, reminded Council over the last year staff has been working with a citizens' committee on needed improvements at the Yellow Brick school. A year ago Council approved $218,000 for new lighting in the common areas, new carpet, painting and ceiling improvements. This recommendation is for monies for the entry remodel, boiler system improvements and improvements to the basement area in order to be able to lease the space and to generate revenue. Anderson told Council when the area is ready for tenants, utility costs can be charged back to tenants on a per square footage basis. The existing boiler will be left in place and added on for efficiency and to give ancillary power. This money will be a loan to the housing/day care fund of $149,500. The money will be paid back out of rents. Anderson told Council there are two options; either rents alone at revenues of $130,500 or rents plus payment of utilities by the tenants, which gives revenue of $153,400. Mayor Richards supports the latter as a capital reserve fund can be built up for the building. Councilman Markalunas requested the awnings over the entryways be redesigned to something more appropriate for the neighborhood and the style of the building. Mayor Richards requested continuity between the canopies and the parkway be designed for outside the building. Councilman Hershey moved to approve $149.500 expenditure with scenario #2, recovery of expenses and charging utilities; the money split 50/50 day care/housing and Council's general fund reserves: seconded by Councilman McCabe. Anderson said this will be a 3-year pay back. Roll call vote; Councilmembers Hershey, yes: McCabe, yes; Paulson. yes; Markalunas, yes: Mayor Richards, yes. Motion carried. TROLLEY LEASE PROPOSAL Randy Ready, assistant city manager, told Council this proposal is an opportunity to lease the most deteriorated of the 6 trolleys. The Pikes Peak Historical Railway Society contacted the city with an offer for a 12 year lease for one trolley car; they will pay all expenses for transportation. restoration, operation, and at the end of 12 years the city has the option to Regular Meeting Aspen City Council July 26, 1999 repossesS this trOlley car. The 12 year lease period will not be effective until the trolley car has been restored. Pikes Peak Railway company is prepared to put up to $500,000 into restoration. They have seen the cars and are aware of what they are getting. Mayor Richards said the city should have a guarantee on the condition in which the trolley car will be returned. John Worcester, city attorney, pointed out the lease says the car will be in the same state of repair and operating condition as when restored, normal wear and tear accepted. Councilman Markalunas said he feels this will be a good opportunity for someone to preserve one of Aspen's trolleys. Councilman Markalunas said a restored trolley would add a lot of ambience to Aspen Councilman Markalunas said the city should make an effort to restore a trolley and bring it back into town to use as an information booth. Councilman Paulson said he would like a provision that the city can get the trolley back in less than 12 years if Aspen's trolley system is operation. Amy Margerum, city manager, said this was a deal breaker but staff could try to see if they can add a provision to buy the trolley back. Council requested staff try and negotiate a provision to allow the city to purchase the cars back earlier than 12 years. Councilman Hershey said he does not feel the loss of one trolley precludes the construction of a trolley system in Aspen. Ms. Margerum also suggested asking the lessee to renovate an additional car for the city of Aspen. Councilman McCabe said the community has done nothing about the trolley system for years and years. This was not a priority in Council's recent retreat. Councilman McCabe said he would prefer to lease it out and have it refurbished and used by the lessee. Councilman Hershey moved to approve the lease as written; seconded by Councilman McCabe. Councilman Markalunas requested an amendment to include negotiating a prorated buy back provision. Councilman Hershey amended his motion to direct staff to negotiate a buy back provision but it should not be a deal breaker; seconded by Councilman McCabe. Roll call vote: Councilmembers Hershey, yes: Paulson, no; McCabe. yes: Markalunas, yes: Mayor Richards, yes. Motion carried. 10 Regular Meeting Aspen City Council July 26, 1999 BALLOT LANGUAGE - Bass Park Amy Margerum, city manager, reminded Council the city purchased Bass Park in February for $3.4 million out of the housing/day care fund. The sixth penny contributed $100,000 towards purchase of the park. Council passed a resolution at the time of purchase to put this issue on the November ballot and suggested 3 questions for the electorate; 1, a sales tax increase in order to have the entire site as open space; 2, approved a mixed use project on the property housing and open space; 3, granting the authority to sell the project back on the free market. Ms. Margerum pointed out the housing long range plan does not include Bass Park as a project. If Council includes Bass Park as a housing project, they will have to change the priorities around or find partners for the project. Mayor Richards told Council the previous Council felt that $3.4 million was too expensive for an 18,000 square foot park. The parks department did not have this property on their list of priorities for open space. Council wanted to give the electorate a choice on whether to preserve this as open space; this would require an increase in sales tax. Council decided not to include this in the recreation bond issue because of all the work that had gone into the bond issue. Tabatha Miller, finance director, presented the options of increasing the mill levy or sales tax with payment periods of 3 ~o 20 years. The longer the payment period, the larger the cost. Mayor Richards said if the voters do not approve a sales tax increase for open space, the fall back position will be an affordable housing project as that is the fund that purchased the property. Councilman Markalunas said the city should make sure the voters are aware of the consequences of each choice. Ms. Margerum presented the Housing Project Summary, which indicates if Council does all projects that have been discussed - 7~ and Main, Aspen Mass. Burlingame, Snyder, Trusco£t, Forest Service and MAA Seasonal Housing - the fund will not cover all these projects and this does not include Bass Park. Mayor Richards noted Pitkin County will be asking for a 20 year extension of their open space sales tax. Council should be sensitive to this when l! Regular Meeting Aspen City Council July 26, 1999 wording any question on Bass Park funding. Mayor Richards pointed out that the mill levy is the onlY source of income for many districts, like schools~ CMC, ambulance, fire. Councilman Paulson said he does not want to compromise any future issues the city may put forward for funding, like transportation. Councilman McCabe said he favors affordable housing with a private partnership on Bass park. For the ballot, Councilman McCabe said he would support a sales tax. 7 years in duration. Councilman Markalunas said when Bass park was on the real estate market, citizens came m Council and begged the city to purchase this property to preserve the open space. Councilman Markalunas said for all park. he would put on a longer time sales tax. Councilman Hershey said he would favor sales tax for 7 years. Councilman Paulson favors a sales tax for 7 years. Councilman Hershey moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Mayor Richards said she would prefer a sales tax for 3 years, get the sales tax over and pay less interest on the purchase. Council agreed to a ballot question for 100 percem open space with a sales tax of .21% for 5 years. Council agreed to a question to allow the city to sell Bass Park on the free market if the sales tax questions do not pass. Council agreed to a question to raise the sales tax .105% for 5 years for a half open space/half affordable housing project on Bass Park. Lee Novak, housing office, said parks staff feels the open space should be the eastern side of the property in order to make it more usable. Mayor Richards said the ballot question can describe this as the western half of the property as that used for affordable housing. Mayor Richards said it should be described to the voters that if all questions fail. this will become an affordable housing project. The property was purchased with housing/day care funds. Council cannot put a question on about 100 percent affordable housing, because that is the fall back position. If the voters were to turn that question down, nothing could I2 Regular Meeting Aspen City Council July 26, 1999 be done with the project. Mayor Richards suggested the funding source be detailed in the ballot questions and not have a question on 100% affordable housing. Amy Margerum, city manager, asked if there is to be a 100% affordable housing project, will that preclude the corner store concept. Councilman Markalunas said because of the proximity to the commercial core. it would not serve the community to include any commercial space Mayor Richards said she is not interested in seeing free market units on this space. Councilman Markalunas said he would like to see the site developed without parking. There could be more units without parking. Council will bring ballot language back at the next regular meeting. BALLOT LANGUAGE - Busway Councilman McCabe said he has been working on ballot language in order to bond for light rail. Councilman McCabe proposed a work session on this ballot language. Councilman McCabe said he and Councilman Hershey are also working on the possibility of an initiative but would rather wait until Council can address ballot issue on transportation and the light rail project. Council scheduled a work session Tuesday, August 3 at lp.m. Mayor Richards requested staff draft a Charter amendment for the November ballot that any open space land sold. the city has to have replacement land. Councilman Markalunas moved to continue the meeting to July 27: seconded by Councilman Hershey. All in favor, motion carried. Council left Chambers 9:30 p.m. Kathryn S. Koch. City Clerk 13