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HomeMy WebLinkAboutminutes.council.19980413Aspen City Council Regular Meeting April 13, 1998 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Vickery and Markalunas present. PROCLAMATION - Child Protection Awareness Week Mayor Bennett and Council proclaimed April 6 through April 12 Child Protection Awareness Week and support and encourage the healthy development of families. Pat Hall, social services, presented dolls for people’s offices as well as blue ribbons to increase awareness of this week. PROCLAMATION - Month of the Young Child Mayor Bennett and Council proclaimed April 1998 as Month of the Young Child and extended thanks and appreciation to all those who work so hard to care for Aspen’s children. Shirley Ritter, Kid’s First, told Council there will be a children’s parade, through town to the park and invited parents and Council to join the parade. CITIZEN COMMENTS 1. Bill Stirling said he feels there were mistakes made with the allowed demolition of 414 North First (the Paepcke house). Stirling said any historically designated building should never be demolished. The HPC may have been acting beyond their jurisdiction. The Council also did not use their power in the 14 day comment period after the HPC decision. Stirling said it would not have been unreasonable for Council to delay any action or permit issuance while they examined the process to see if there had been any irregularities. Mayor Bennett said Council did look at this and it was counsel’s opinion there was no legal way to avoid issuing the demolition permit. Mayor Bennett agreed the city’s approval process is flawed. The city tried the course of reason and negotiation and thought that course offered a great deal of hope. Mayor Bennett said the city was getting hints that if they called off any legal efforts, the owners of the house would enter discussions with the Council. Mayor Bennett said there was a meeting with the owners of the property and the City representatives offered to move the house and thought that might be the solution. The house was demolished. 2. Bill Greenwood said he feels Council should review and vote on any action with the 130 historically designated houses. Greenwood said he feels the HPC 1 Aspen City Council Regular Meeting April 13, 1998 needs supervision. The standards of what can be done to historically designated structures should be greatly tightened. COUNCILMEMBER COMMENTS 1. City Manager Margerum said two work session have been scheduled; one on Independence Pass Plaza project April 28 at 4 p.m. and Downtown Enhancement Pedestrian Plan June 1 at 5 p.m. Council also needs a work session on the Burlingame Ranch to hear the results from the design charette and to discuss the MAA/Ski company housing. This is scheduled for May 18 at 5 p.m. 2. City Manager Margerum pointed out the Yellow Brick business plan on the information item. If Council feels comfortable with the direction the committee is going, that is all staff needs to know. Staff will return with appropriations for the capital plan. Council agreed with the direction in staff’s memo. CONSENT CALENDAR Councilman Paulson moved to read Ordinance #8, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. Richard Roth requested Ordinance #8, Series of 1998, be deleted from the consent calendar. Roth told Council he is working with an organization called “concerned citizens for affordable housing”. Roth said he requested to be notified of any action concerning Aspen Mountain PUD and only found out this was on the agenda last week. Roth said he needs time to gather information to present to Council on this issue. ORDINANCE #8 (Series of 1998) AN ORDINANCE RATIFYING AND APPROVING AMENDMENTS TO SECTION L AND SECTION M OF THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION was read by the city clerk Stan Clauson, community development director, told Council this is first reading and sets a public hearing for May 11, for which notification is provided. 2 Aspen City Council Regular Meeting April 13, 1998 Council removed Ordinance #8, Series of 1998, from the consent calendar and moved it to the end of the agenda. Councilman Markalunas moved to adopt the consent calendar is amended; seconded by Councilman Paulson. The consent calendar is: · Resolution #28, 1998 - Red Brick Contract · Resolution #21, 1998 - Yellow Brick/Moore Playing fields · Resolution #24, 1998 - Approving Assignment Maroon Creek Water Service Agreement · Resolution #23, 1998 - Ice Garden Approval of Bid · Transportation Funding · Request for Funds - HMC Valley Wide Mapping Matching Grant · Resolution #22, 1998 - Road Maintenance Agreement with Maroon Creek Club · Appointment of P & Z Member to DRAC - Tim Mooney · Resolutions #25, 26, 27, Series of 1998 - Approval of Fleet Purchases · Resolution #29, 1998 - Utility Easement for Holy Cross - Burlingame All in favor, motion carried. RESOLUTION #30, SERIES OF 1998 - Smuggler Area Pedestrian Safety Improvements Nick Adeh, engineering department, reminded Council earlier this year staff made a presentation to Council about safety and pedestrian improvements preferred by the Smuggler area residents. These improvements were then taken from concept to design. The cost of these improvements is about $320,000 for 1998. Four intersections will be improved. There will be some improvements to be completed in 1999. Adeh said the roundabout at Mill and Gibson has been put off because of the cost. Councilman Vickery said he agrees with the deletion of the roundabout. 3 Aspen City Council Regular Meeting April 13, 1998 Councilman Markalunas moved to adopt Resolution #30, Series of 1998; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #8, SERIES OF 1998 - Aspen Mountain PUD Section M Amendment Stan Clauson, community development director, told Council Section M of the PUD agreement contains the dates for performance of various portions of the Aspen Mountain PUD. Clauson reminded Council they recently extended the demolition of the Grand Aspen hotel to October 1999. This ordinance extends other dates to allow for an approval process in order to have an appropriate replacement for the Grand Aspen hotel and also to review the development of the Top of Mill site. Clauson said in September 1995, a letter was received requesting extension of various deadlines for lots 3 and 5 of the Aspen Mountain PUD. This request went to P & Z but was stopped before Council because of ownership changes and development changes. Clauson said the 1995 request was never acted on and the extension dates need to be reviewed. Clauson said in March, staff received letters with justification for extending development deadlines. Clauson reiterated the demolition for the Grand Aspen hotel is October 1999 and the issuance of a building permit is also October 1, 1999. It will be necessary for Savanah Limited Partnership to apply for final approval of their development, receive these approvals and obtain a building permit by October 1, 1999. The applicants originally requested a deadline of October 2000 and staff felt it was in the city’s and public interest to have a more timely redevelopment process. The certificate of occupancy deadline is May 1, 2002. Clauson said the ordinance also has dates for Top of Mill, which is extended for building permit issuance for July 1, 2000 and certificate of occupancy to October 1, 2001. Section L of the PUD agreement deals with reconstruction credits and the time table for using these reconstruction credits in new development. Clauson said staff has deleted a statement that 18 previously demolished residential units shall have 1 year from the date of issuance of the demolition permit. Clauson said this has been changed to any reconstruction credits accruing to lots 3 and 5 are extended until 1 year from date of issuance of demolition permit. Clauson said staff has added a sentence to make certain that conferring the right to use reconstruction credits doe not impinge on the land use process and what it might require. The added line is, 4 Aspen City Council Regular Meeting April 13, 1998 “These credits shall not confer any exemption from affordable housing requirements as may be identified during the approval process”. John Sarpa, Savanah Limited Partnership, said the request to extend the dates is to give the applicant and the city time to do appropriate reviews. Sarpa said the extension of dates is not meant to affect any of the substantive part of the project. Sarpa said the date to receive a building permit for the Grand Aspen site presumes SLP would have 10 months from final approval to building permit. Sarpa said the applicants do not have a problem with that; however, there is only 8 months from now to complete a 4-step review process. Sarpa said the applicants do not feel this project can be approved in 8 months with all the community input and all the issues with P & Z and Council. John Worcester, city attorney, said the reason for the October 1, 1999, building permit issuance is that the city did not want a big hole at the base of the mountain for a year. City Manager Margerum pointed out the applicant has not submitted a revised application. Sarpa told Council the applicants have rethought the redevelopment of the Grand Aspen site, have thrown out the old plans and have started over. This has taken extra time; the applicants are doing economic feasibility studies. Sarpa said the applicants would like a study session with Council and with P & Z in order to present the new ideas. Sarpa said this is a large and complex project and would like a deadline that is realistic. Sarpa said in the reconstruction credits the applicants suggest a wording change to “any reconstruction credits to be reconstructed on lots 3 and 5”. Sarpa said that makes it clear these are reconstruction credits to be built on lots 3 and 5. Sarpa said if the final approval for lot 3 has more than one building, it will be impractical to have one deadline because there will be several building permits and several certificates of occupancy. Sarpa said this can be dealt with but Council should be aware of this. Richard Roth asked if the city has responded in writing to their first proposal. Ms. Margerum said the proposal addressed by P & Z never came to city Council. It was pulled by the applicant before it got to Council. Staff has been waiting for a proposal from the applicant in order to submit something in writing to Council. Roth said he does not see what the rush to adopt this on first reading at this meeting is; Roth requested another 2 weeks to prepare for a presentation to Council. Worcester said approval of this sets approval of this and schedules a public hearing. This public hearing will be May 11, which is a month away. Councilman 5 Aspen City Council Regular Meeting April 13, 1998 Markalunas said he does not feel any public purpose will be served by putting off this first reading. Councilman Markalunas moved to adopt Ordinance #8, Series of 1998, on first reading; seconded by Councilman Vickery. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; Vickery, yes; Mayor Bennett, yes. Motion carried. ASPEN PUBLIC FACILITIES AUTHORITY President John Bennett called the meeting to order with members Paulson, Vickery, Koch and Markalunas present. John Worcester said the Cozy Point ranch is owned by the authority which was done to help refinance the property. Resolution #1 gives the City Manager permission to accept a settlement from CDOT for condemnation of a portion of this property. This settlement amount is half way between the city’s appraised value and CDOT’s appraised value. Worcester recommended the Authority accept this settlement. Markalunas moved to adopt Resolution #1, Series of 1998, of the Aspen Public Facilities Authority; seconded by Paulson. All in favor, motion carried. Councilman Paulson moved to go into executive session at 6:35 p.m. for the purpose of discussing property acquisition, negotiations and potential litigation; seconded by Councilman Vickery. All in favor, motion carried. Councilman Markalunas moved to come out of executive session at 8:00 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilman Paulson moved to adjourn at 8:00 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Kathryn S. Koch, City Clerk 6 Aspen City Council Regular Meeting April 13, 1998 PROCLAMATION - Child Protection Awareness Week ................................ ......... 1 PROCLAMATION - Month of the Young Child ................................ ..................... 1 CITIZEN COMMENTS ................................ ................................ .......................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 2 CONSENT CALENDAR ................................ ................................ ........................ 2 Resolution #28, 1998 - Red Brick Contract ................................ ......................... 3 Resolution #21, 1998 - Yellow Brick/Moore Playing fields ................................ . 3 Resolution #24, 1998 - Approving Assignment Maroon Creek Water Service Agreement ................................ ................................ ................................ ........... 3 Resolution #23, 1998 - Ice Garden Approval of Bid ................................ ............ 3 Transportation Funding ................................ ................................ ........................ 3 Request for Funds - HMC Valley Wide Mapping Matching Grant ....................... 3 Resolution #22, 1998 - Road Maintenance Agreement with Maroon Creek Club . 3 Appointment of P & Z Member to DRAC - Tim Mooney ................................ .... 3 Resolutions #25, 26, 27, Series of 1998 - Approval of Fleet Purchases ................ 3 Resolution #29, 1998 - Utility Easement for Holy Cross - Burlingame ................. 3 RESOLUTION #30, SERIES OF 1998 - Smuggler Area Pedestrian Safety Improvements ................................ ................................ ................................ .......... 3 ORDINANCE #8, SERIES OF 1998 - Aspen Mountain PUD Section M Amendment ................................ ................................ ................................ ............. 4 ASPEN PUBLIC FACILITIES AUTHORITY ................................ ........................ 6 7