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HomeMy WebLinkAboutminutes.council.19980824Aspen City Council Regular Meeting August 24, 1998 Mayor Pro Tem Richards called the meeting to order at 5:05 p.m. with Councilmembers Vickery, Paulson and Markalunas present. OUTSTANDING EMPLOYEE BONUS AWARD Mayor Pro Tem Richards, Council and City Manager Amy Margerum presented an outstanding employee bonus award to Lee Ledesma, Water Department. CITIZEN PARTICIPATION 1. Katharine Thalberg stated she is very concerned about bears being killed by law officers and by cars. Ms. Thalberg said why wait until a human is killed by a bear before taking effective action. The contributing factors to bear attacks are habituation, food and protection of cubs. Ms. Thalberg pointed out all 3 of these factors are currently relevant to the bear population that has been hanging around Aspen. Food is what has brought the bears to town. The city has asked people to make their trash containers bear-proof. Ms. Thalberg said the drawbacks are there will never be a high enough percentage of compliance and the bears will still be able to smell the garbage. Ms. Thalberg proposed that the city take on the job of trash pickup and pick it up every day. The city must also pass a strictly enforced ordinance to forbid putting out any garbage the night before. Amy Margerum, city manager, said the staff is researching the ability to take over trash pick up or to issue a franchise in order to better coordinate noise, traffic, and to work on the bear problem. John Worcester, city attorney said there is a trash ordinance scheduled for September 28; however, it is not as radical as requiring city pick up or pick up 7 days a week. the ordinance can prohibit putting trash out the night before. Mayor Pro Tem Richards suggested working on this with ACES, staff, trash companies. Councilman Vickery said the city should also look into other types of containers that may be available. 2. Sam Houston told Council he is currently under construction at the Isis theatre. In order to preserve the historic facade, the building has been braced up with I-beams. These braces require the construction trailer be pushed into the sidewalk and the covered walkway into the street. Houston said he has recently learned the use of the parking spaces has to be paid for. Houston said this may amount to $8,000 for the length of construction. Houston said the economics of preserving this theatre are hard and there is little room in the budget for things like this. Houston requested Council approve waiving this parking charge. Mayor Pro 1 Aspen City Council Regular Meeting August 24, 1998 Tem Richards said she is sympathetic; however, she is concerned about the precedent of waiving fees. Mayor Pro Tem Richards said this is a historic preservation which has required bracing. Randy Ready, assistant city manager, pointed out there is a lot of remodeling in the commercial core and all construction jobs are required to pay for parking spaces. Mayor Pro Tem Richards said she is not prepared to take action on this request without hearing from staff. Houston can wait until the special meeting September 3 or the next Council agenda, September 28. COUNCILMEMBER COMMENTS 1. Councilman Vickery said he watched the video tape of the HPC meeting on the expansion of the music tent. Councilman Vickery said all 3 architects appointed to HPC were not present. Councilman Vickery said he passed the tape on to one architect/member and hopes the others will watch the tape before P & Z considers the expansion of the music tent. 2. Mayor Pro Tem Richards requested Council add the P & Z appointments to the Board appointments on the consent calendar. The HPC appointments will be made in September after the interviews are completed. Councilman Vickery moved to add the appointments of Ron Erickson, Robert Blaich and Steven Buettow as regular members and Timothy Semrau as an alternate to P & Z; seconded by Councilman Paulson. All in favor, motion carried. 3. City Manager Amy Margerum told Council P & Z will be considering the music tent expansion on Tuesday, September 22 at 4:30 p.m. This is a public hearing. Council is encouraged to attend that P & Z meeting to have more dialogue early on in the process. The HPC could also be included. 4. City Manager Margerum reminded Council they try and meet annually with Boards and Commissions. The following meetings have been scheduled; lunch with P & Z September 8; breakfast with CCLC September 10 at 8:30 and Wheeler Opera House board 4 p.m. on September 9. Ms. Margerum told Council they also need to schedule a special meeting to consider ballot language. Council scheduled this for September 3 at 5 p.m. 2 Aspen City Council Regular Meeting August 24, 1998 5. City Manager Margerum asked Council add to the consent calendar a request for funds; $1,000 from contingency for Sister Cities to bring Maurice Herzog to Aspen to prepare for the Chamonix conference. CONSENT CALENDAR John Worcester, city attorney, noted Resolution #61 has been changed to have Art Daily appointed as temporary municipal judge for two dates in order to perform two different marriage ceremonies. Councilman Markalunas moved to approve amended Resolution #61, Series of 1998; seconded by Councilman Paulson. All in favor, motion carried. Councilman Vickery said for second reading of Ordinance #36, he would like a report from Dave Tolen on where the budget is on this project, the schedule, how the project is going. Councilman Paulson moved to read Ordinance #36, Series of 1998; seconded by Councilman Vickery. All in favor, motion carried. ORDINANCE N0. 36 (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBSTANTIAL AMENDMENT TO THE APPROVED PLANNED UNIT DEVELOPMENT, SUBDIVISION, AND REZONING OF THE ASPEN COUNTRY INN AFFORDABLE HOUSING PROJECT, 38996 HIGHWAY 82, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Markalunas moved to adopt the consent calendar as amended; seconded by Councilman Paulson. The consent calendar is: 3 Aspen City Council Regular Meeting August 24, 1998 · Resolution #61, 1998 - Temporary Municipal Judge/Arthur C. Daily · Resolution #62, 1998 - US West Contract - Telephone Service · Ordinance #36, 1998 - Aspen Country Inn AH, PUD Amendment · Resolution #63, 1998 - Contract - Removal of Aspen Mountain Water Tank · Board Appointments CCLC - Bill Dinsmoor, Jon Busch, Don Swales and John Starr regular members Liquor Authority - Gary Esary, Bill Murphy and Peter Helburn Board of Adjustment - Jim Iglehart, David Schott Clean Air Board - Jim Wolf Kid’s First - Rachel McCauley · Request for Funds/ Water Infrastructure Snyder and Aene Court · Request for Funds - Sister Cities $1000 · Minutes - July 13, August 13, 1998 All in favor, motion carried. Councilman Vickery moved to continue Ordinances #20 and 32, Series of 1998, to September 28; seconded by Councilman Paulson. Councilman Vickery pointed out Ordinance #20 has been going on for several months and this hearing should be re- noticed and re-posted. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Vickery, yes; Mayor Pro Tem Richards, yes. Motion carried. ORDINANCE #27, SERIES OF 1998 - Amendment to North Spruce Street Water Service Agreement Stan Clauson, community development director, told Council this property was not in the water agreement and ordinance initially passed for North Spruce street. This parcel is 63,031 square feet and went through the County 1041 review. In the county 1041 review, one does not have to present any design or building at the time 4 Aspen City Council Regular Meeting August 24, 1998 of review. The city’s 8040 greenline review requires an actual structure and deals with the aesthetics of the site. Clauson told Council staff met with the applicant, who is amenable to the condition of 8040 and Ordinance #30 reviews. The annexation and rezoning of this property to R-30 will reduce the development potential. In the county, a structure on this parcel would be 15,000 square feet. If the property were annexed and rezoned to R-30, it would allow for a 6,000 square foot house, which is more in line with the city. The applicant agrees to this plan but does not want the provision of water to be contingent on actual annexation. The planning staff recommends approval with the conditions in the staff memorandum Councilman Vickery asked if by providing water service to this property, does it encourage development of the surrounding properties. Phil Overenyder, water department, said the 3 additional lots already have a water extension agreement with the city. Mayor Pro Tem Richards opened the public hearing. There were no comments. Mayor Pro Tem Richards closed the public hearing. Councilman Paulson moved to adopt Ordinance #27, Series of 1998, on second reading; seconded by Councilman Vickery. Roll call vote; Councilmembers Vickery, yes; Paulson, yes; Markalunas, yes; Mayor Pro Tem Richards, yes. Motion carried. ORDINANCE #33, SERIES OF 1998 - Lodge Preservation Special Review Stan Clauson, community development department, told Council this would allow the P & Z to look at individual small lodge lots and provide special review and consider variances for non-conformities that will enhance the ability of small lodges to redevelop. Chris Bendon, community development department, told Council the LP (lodge/preservation) zone sets forth dimensional requirements. This code amendment allows an owner to request variations in the special review process, which is not like other zone districts in the city. Small lodges have non- conformities, which can be maintained but this restricts their redevelopment. Some lodge owners and P & Z requested staff look into creating more flexibility. Bendon said one suggestion was to use a PUD which is better suited to subdivision or larger properties, and is a lengthier and more expensive process. This code amendment would allow the applicant to present to P & Z a better overall design, a design that would be more compatible with the property but may not fit the exact dimensional requirements. 5 Aspen City Council Regular Meeting August 24, 1998 Mayor Pro Tem Richards said her concern is that redevelopment of lodge properties should not be allowed to vary the dimensional of the underlying zone. Bendon said this would apply only if the redevelopment of the property were as a lodge; if it were anything else, the project would have to meet the underlying zone district requirements. Mayor Pro Tem Richards said she is concerned about the review being P & Z only and not Council. Bendon said staff is trying to find an appropriate process for this type of development. Bendon said special review is not a public hearing and the PUD process is quite involved. Staff is trying to work within existing city processes. Mayor Pro Tem Richards pointed out existing small lodges are either in residential areas or on Main street and will have significant impact on neighbors. It seems to be more appropriate to have a modified special review with notice, public hearing, and a final decision by Council. John Worcester, city attorney, reminded Council staff has been working on code simplification and the processes that applicants have to go through. This would add another section of special review. Councilman Markalunas agreed there should be at least notice requirement, if not public hearing. Mayor Pro Tem Richards opened the public hearing. Curt Sanders, representing the Hotel Jerome, told Council they have been working with staff with redeveloping the Cortina Lodge in mind. Sanders said the Cortina is in the O, office, zone with an HP overlay on 6,000 square feet. The Cortina has 15 units of about 230 square feet. The Hotel Jerome would like to increase density and upgrade the units. Sanders said there is not a lot of incentive to upgrade and redevelop the units without a code amendment to allow more flexibility and an increase in density. Ms. Margerum said this ordinance should be clarified so that it is clear the only properties to which this applies is LP overlay that want to redevelop. Mayor Pro Tem Richards said this ordinance should include some type of public notice and public meeting. Clauson suggested an amendment to the code that when a project is not having a public hearing before a city board, one would then be required. Mayor Pro Tem Richards closed the public hearing. Councilman Vickery said he feels lodge preservation is very complicated and any development should be at Council level. Mayor Pro Tem Richards said she would 6 Aspen City Council Regular Meeting August 24, 1998 like to know more about the potentials of varying the underlying zoning for lodge properties. Mayor Pro Tem Richards said if this can be amended by the special meeting September 3, Council could consider it then; otherwise it should wait until the ordinance is more comprehensive. Councilman Vickery moved to continue Ordinance #33, Series of 1998, to September 3; seconded by Councilman Paulson. Councilman Vickery said currently one has to complete HPC before they can schedule at P & Z and to streamline the process, the reviews might be reorganized to happen more simultaneously. All in favor, motion carried. ORDINANCE #34, SERIES OF 1998 - Code Amendment Wireless Telecommunications Mitch Haas, community development department, told Council this code amendment regulates the development and maintenance of wireless telecommunication services facilities and equipment. Haas said this complies with the Federal Communications Act. The city’s code does not address these type of facilities and this amendment would ensure that facilities are designed to provide operation and protect the safety and character of the town. Haas told Council he had people in the industry look over this ordinance and make suggestions. Mayor Pro Tem Richards opened the public hearing. There were no comments. Mayor Pro Tem Richards closed the public hearing. Councilman Paulson moved to adopt Ordinance #34, Series of 1998, on second reading; seconded by Councilman Vickery. Roll call vote; Councilmembers Vickery, yes; Markalunas, yes; Paulson, yes; Mayor Pro Tem Richards, yes. Motion carried RESOLUTION #64, SERIES OF 1998 - Calling Special Election November 1998 John Worcester, city attorney, said this will call a special election as there is an initiative petition begin circulated. If enough signatures are collected, Council may adopt the ordinance or refer it to the electorate. Council has to call a special 7 Aspen City Council Regular Meeting August 24, 1998 election at least 60 days before the election and this is the last regular meeting at which to do that. Councilman Vickery moved to approve Resolution #64, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas moved to authorize City Attorney Worcester to file a brief before the Colorado Supreme Court in the Telluride affordable housing case; seconded by Councilman Paulson. All in favor, motion carried. Councilman Paulson moved to go into executive session to discuss acquisition of property at 7:05 p.m.; seconded by Councilman Vickery. All in favor, motion carried. Councilman Markalunas moved to come out of executive session at 8:25 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilman Markalunas moved to adjourn at 8:25 p.m.; seconded by Mayor Pro Tem Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 8 Aspen City Council Regular Meeting August 24, 1998 OUTSTANDING EMPLOYEE BONUS AWARD ................................ ................. 1 CITIZEN PARTICIPATION ................................ ................................ ................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 2 CONSENT CALENDAR ................................ ................................ ........................ 3 Resolution #61, 1998 - Temporary Municipal Judge/Arthur C. Daily ................... 4 Resolution #62, 1998 - US West Contract - Telephone Service ........................... 4 Ordinance #36, 1998 - Aspen Country Inn AH, PUD Amendment ....................... 4 Resolution #63, 1998 - Contract - Removal of Aspen Mountain Water Tank ...... 4 Board Appointments ................................ ................................ ............................ 4 Request for Funds/ Water Infrastructure Snyder and Aene Court ......................... 4 Request for Funds - Sister Cities $1000 ................................ ............................... 4 Minutes - July 13, August 13, 1998 ................................ ................................ ..... 4 ORDINANCE #27, SERIES OF 1998 - Amendment to North Spruce Street Water Service Agreement ................................ ................................ ................................ .. 4 ORDINANCE #33, SERIES OF 1998 - Lodge Preservation Special Review .......... 5 ORDINANCE #34, SERIES OF 1998 - Code Amendment Wireless Telecommunications ................................ ................................ ................................ 7 RESOLUTION #64, SERIES OF 1998 - Calling Special Election November 1998 . 7 9