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HomeMy WebLinkAboutminutes.council.19980622Regular Meeting Aspen City Council June 22, 1998 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Markalunas, Richards and Paulson present. CITIZEN PARTICIPATION There were none. COUNCILMEMBER COMMENTS 1. Councilman Paulson noted Ordinance #1, housing replacement, only goes into effect when there are 3 or more units on the site. Councilman Paulson requested staff address amending Ordinance #1 to go into effect when there are 2 units being torn down and replaced. Mayor Bennett said it might be appropriate to have a work session to review the AH zone and growth management regulations, to 60 percent requirement for affordable housing. Council scheduled this for July 7 at 5 p.m. 2. City Manager Margerum requested Council add an emergency ordinance to the agenda to limit 3-wheeled bicycles and to schedule a second reading for Monday June 29 at 5 p.m. Councilman Markalunas moved to add Ordinance #22, Series of 1998, Limiting Recumbent Tricycles, to the consent agenda; seconded by Councilwoman Richards. All in favor, motion carried. 3. City Manager Margerum requested an executive session at the end of the meeting to discuss negotiations and property acquisition. Council agreed. CONSENT CALENDAR Councilwoman Richards moved to read Ordinances #20, 21, and 22, Series of 1998; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #20 1 Regular Meeting Aspen City Council June 22, 1998 Series of 1998 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL OF LANDMARK DESIGNATION AND A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 930 KING STREET CITY OF ASPEN ORDINANCE #21 Series of 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 24.04.020 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AUTHORIZING AND REGULATING THE USE OF NEIGHBORHOOD ELECTRIC VEHICLES ORDINANCE #22 Series of 1998 AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 15.04.230 OF THE ASPEN MUNICIPAL CODE TO INCLUDE RESTRICTIONS ON THE USE OF RECUMBENT TRICYCLES ON CERTAIN STREETS AND SIDEWALKS OF THE CITY OF ASPEN, COLORADO, AND DECLARING AN EMERGENCY IN ACCORDANCE WITH SECTION 4.11 OF THE ASPEN CITY CHARTER were read by the city clerk Councilman Markalunas moved to adopt the consent calendar as amended; seconded by Councilman Paulson. The consent calendar is: 2 Regular Meeting Aspen City Council June 22, 1998 · Resolution #47, 1998 - Temporary Municipal Judge/Jeremy Bernstein · Management Agreement Yellow Brick School · Resolution #50, 1998 - DEPP Phase III Endorsement · Ordinance #20, 1998 - Historic Designation and Lot Split - 930 King Street · Resolution #51, 1998 - Smuggler Underground Engineering Contract · Ordinance #21, 1998 - Neighborhood Electric Vehicle · Resolution #48, 1998 - Contract for 1998 Trails Improvement Program · Resolution #49, 1998 - Contract for Thomas Raw Waterline · Minutes - May 26, 1998 · Ordinance #22, 1998 - Code Amendment Prohibiting Recumbent Tricycles in certain areas RFTA SUPPLEMENTAL APPROPRIATION Mayor Bennett explained this is a request for $25,000 to purchase security equipment. Councilwoman Richards suggested RFTA giving a reward to people who turn in graffiti-ers in the bus waiting areas. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt RFTA Resolution 98-3 regarding the supplemental appropriation; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #46, SERIES OF 1998 - Farmers’ Market Vending Agreement Mitch Haas, community development department, passed out two letters; one from Matt Wheeler, one from Noori’s. Haas told Council the farmers’ market will operate on Saturdays only for the first year from 9 a.m. to 3 p.m. The street will be 3 Regular Meeting Aspen City Council June 22, 1998 closed from 8 a.m. to 4 p.m. Staff recommends this begin July 11 and go into November, weather permitting. The proposal is to use Hopkins Street between Galena and Hunter. Haas presented a graphic to show how the trucks would be organized on the street in order not to block out the businesses behind the trucks. Haas told Council the farmers need their trucks for refrigeration and insulation. The sidewalks will be used as the circulation for the market with the trucks in the middle of the street. Haas told Council this proposed layout would work on any street with a 50 foot curb to curb width. For a farmers’ market, the Rio Grande parking lot in front of ACRA is zoned public and would require a conditional use review which will take 6 weeks to get approved. There is support from the merchants on Hopkins street and staff feels this will be a good location for at least this first year. Haas told Council he had an informational meeting June 9 with property owners and any interested citizens. The staff memo contains concerns from this meeting. Haas said he feels this layout will alleviate the concerns from the businesses. Haas told Council in the agreement, there was a standard stating at least 60 percent of the produce sold by each vendor will be grown in Colorado. Haas said the group applying for the vendor’s agreement requested “and by the vendor” be added, so the vendor will be the grower. Haas said the Flower Shop on Hopkins would like to be able to set up a table at the farmers market. Haas said this would not fit in the vending agreement unless Council specifically allows for that. Haas said Matt Wheeler, who runs the produce stand at Buttermilk, is not a grower but is a farmer’s representative. Haas said Council will have to amend the agreement to include Wheeler. Mayor Bennett said the original ordinance stated “farmers or their representatives”. Haas noted this agreement limits the farmers’ market to no more than 20 vendors. Mayor Bennett opened the public hearing. Roz, adjacent shop owner, said he feels there will be a lot of noise and pollution from the refrigerated trucks. Roz also stated he feels this is premature and not enough time has been put into this. Roz said the market should be spread out rather than have all the impacts on this one street. Person said he is concerned about the loss of 30 parking spaces for one day for half of the year. He said this will affect all businesses, not just those on Hopkins street. Stephan Isberian, retail business owner, said Saturday is a busy day in Aspen and can total 40 percent of the week’s sales. Isberian said this market may affect his sales. Isberian said he likes the 4 Regular Meeting Aspen City Council June 22, 1998 concept of a farmers’ market as long as it is outside the commercial core. Isberian said people using the farmers’ market will not be taking the bus. Design Workshop, said there are a lot of statistics that show farmers’ markets do bring people into downtown areas and these people shop in other stores as well as at the farmers’ market. Person said if the market is put on the Rio Grande, it will defeat the purpose of having a farmers’ market. The Rio Grande is off the beaten path. A farmers’ market will help bring diversity and vitality back to the central core and offer something to locals and to tourists. Jennifer Craig, potential vendor, said she feels a farmers’ market will add a lot of character to the downtown, rather than being located at the Rio Grande. It will be great for people to be able to buy Colorado produce downtown, rather than driving to Buttermilk or to Paonia. Harley Baldwin, business and property owner in downtown, said a farmers’ market in the downtown is a wonderful idea. Baldwin said there are successful farmers’ markets all over the United States and Europe in towns large and small. Randy Scott, representing downtown retailers, said the city is making is easy for vendors to have access to city streets for retail, which in the past has not been allowed. Scott said this may be opening up Pandora’s box and making it easy for more street vending. Stan Clauson, community development director, said this is a unique opportunity for a particular type of vendors and to enhance downtown. This group of vendors is otherwise unable to have a downtown location. Mayor Bennett closed the public hearing. Mayor Bennett said he does not like the idea of trucks parked all over the farmers’ market. Mayor Bennett said his concept of a farmers’ market is much more pedestrian oriented. Some farmers’ markets have musicians playing in the midst of the market. Councilwoman Richards said the size and presence of the trucks does concern her. Councilwoman Richards suggested making the parking in the alley behind City Hall available for the trucks the days of markets. Councilwoman Richards said she supports the more pedestrian-type farmers’ market. Councilwoman Richards said the city will have to monitor the refrigerated trucks, their noise and any potential pollution. Councilwoman Richards said she feels it is important to experiment with the farmers’ market on the first year while there is support from the businesses on Hopkins. If it does not work in this location, it can be moved next year. Councilwoman Richards said it would be more difficult to start 5 Regular Meeting Aspen City Council June 22, 1998 at the Rio Grande and move into town. Councilwoman Richards noted staff and Council have gone over various locations. City parks do not work well because of clean up after the market. Councilwoman Richards said she likes the location because it invites people back into the commercial core. Councilman Markalunas agreed about the concern about the noise and pollution from the trucks running. Jack Defries, representing the vendors, told Council most of the trucks are insulated and they will not be running throughout the day. The trucks have never been a problem elsewhere. Councilman Markalunas supports the farmers’ market on east Hopkins for this summer. Councilman Markalunas said he would like the trucks to park in the alley behind city hall and to have Hopkins for the food booths and pedestrians. Jack said in order to sell greens they need to have their produce close to the trucks in order to keep the greens fresh. Mayor Bennett said he would like the resolution to state that the layout of vehicles has to be to the satisfaction of the community development department. Mayor Bennett noted Council has been discussing a farmers’ market and potential location for over a year. Mayor Bennett said he supports this concept on the issue of vitality for the town. Mayor Bennett said this experiment should be given a chance. The parking will only be not available for several hours on one day of the week. Councilman Paulson said the farmers’ market is about people, not trucks, and the market should be designed with that in mind. Haas will amend the agreement to reflect the concerns about trucks, noise and layout. Councilwoman Richards moved to approve Resolution #46, Series of 1998; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #15, SERIES OF 1998 - Historic Designation 240 Lake Avenue Mitch Haas, community development department, told Council this request for historic designation is for a structure built in 1957 designed by Herbert Bayer of the Bauhaus school of architecture. The HPC unanimously supported historic designation. P & Z supported the designation on condition that HPC look after the historic significance of the structure for any future plans. Haas told Council a property has to meet at least 2 standards for designation. This site meets architectural importance, designer importance, neighborhood and community character. 6 Regular Meeting Aspen City Council June 22, 1998 Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Mayor Bennett said he support this designation; however, does not feel this meets either the community or neighborhood character. Mayor Bennett suggested designating this on architectural importance and designer. Mayor Bennett said this is not a Bauhaus neighborhood or community. Councilman Markalunas moved to adopt Ordinance #15, Series of 1998, on second reading changing the ordinance to state this meets architectural importance and designer standards; seconded by Councilman Paulson. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #18, SERIES OF 1998 - Alpine Cottages Subdivision PUD Rezoning Julie Ann Woods, community development department, told Council this is a request for rezoning to AH 1/PUD to develop 10 deed restricted and 4 free market units. The property is east of town on Cooper Avenue where the Alpine Lodge is currently located. The request is also for consolidated conceptual PUD, subdivision and vested rights. The applicants have received approval for special review for parking as well as density limitations and a variance from the volume provision from P & Z. This lot is zoned R-15/A/PUD and has a LP overlay and is about 37,000 square feet. Ms. Woods told Council for purposes of FAR, the size will be reduced to 29,000 because of easement subtractions and slope reduction. The maximum allowable FAR is 23,253 square feet and the applicant is proposing 23,227 square feet. Ms. Woods said there will be 4 free market lots and one lot containing 10 deed restricted units. There will be 2 four-bedroom, category 4, 2 one-bedroom, category 4, 2 one-bedroom category 3, and 4 four-bedroom RO units. The growth management commission reviewed and recommended exemption from growth management 10 deed restricted units and 4 free market units. P & Z also recommended that the condition from the housing board that the units be open to the public was unfair and the condition be deleted. The applicant is also asking for 7 Regular Meeting Aspen City Council June 22, 1998 partial park dedication fee waiver of $43,000 as the project is 71% affordable. The applicant would pay 29% of the park dedication fee of $12,497. Staff recommends Council approve Ordinance #18 on second reading subject to the conditions 1 through 34 in the staff memorandum. One of these conditions is the request from neighbors to change the street name from Aene court to Camelot court. Tim Semrau, applicant, presented letters from some property owners. Semrau pointed out this project adds 28 deed restricted bedrooms to the community within walking distance of the downtown. Semrau said the Snyder project will have 27 bedrooms and a city subsidy of $1.6 million. This project is at no taxpayer cost. Semrau said the project has been designed so each unit has a garage to help keep the cars out of site. There will be a covered bike area. There will be energy efficiencies in the design. The applicants are attempting to save all vegetation on site. Semrau told Council the applicants have met or exceeded the housing guidelines and have voluntarily set a cap on the purchase price of RO units of $550,000. Semrau said the applicants do not want to accept the condition that all category units must go through the housing lottery. This is not part of the existing housing guidelines and will cause the applicants to negate commitments. Semrau requested Council overturn that condition. Semrau said the 4 RO units will have a good effect on the community. Mayor Bennett opened the public hearing. Helen Klanderud, 1380 Riverside Drive, told Council she is concerned about the traffic generated by this project and the ingress and egress of this particular site, which is right onto Highway 82 and at the top of a slope. Ms. Klanderud said one thing that makes a project more acceptable is that the housing meets the needs of a community. Ms. Klanderud questioned the project not going through the housing office lottery. Ms. Klanderud said she is less willing to tolerate impacts from RO housing. Larry Saliterman, applicant, told Council this project will reduce the trip generation over that of the occupancy of the Alpine Lodge. Ms. Woods told Council the environmental health department has indicated there will be a traffic reduction from that generated by lodge guests. 8 Regular Meeting Aspen City Council June 22, 1998 Semrau told Council the free market houses will be 3,000 square feet. Semrau told Council he has a waiting list of 20 people interested in purchasing these units. Semrau pointed out the community plan indicates that RO units are designed as an economic engine to make a mixed project work. This project has 6 category units. Dave Tolen, housing office, told Council the housing board passed a resolution in favor of this project including the proposed prices. The more restrictive RO guidelines have not yet gone into effect. The housing board recommended the category units be allocated by lottery. The housing board is looking at a proposal that of any development 1/3 of the units be allocated to the developer and the balance to the housing lottery. Ms. Klanderud noted that there are two off season when the Alpine Lodge is not full. This will be a year round housing development and it will be growth. Two people spoke about the need for RO units in town and with room for children. Mayor Bennett closed the public hearing. Councilwoman Richards noted that the city has a policy of charging city housing projects park dedication fees. Councilwoman Richards said she cannot support waiving this park dedication fee. Councilwoman Richards said she supports a developer being able to work with and provide housing for people interested in housing and helping the project forward. Councilwoman Richards said abuses in that type of arrangement can occur. Councilwoman Richards said the housing board voted for no developer priority so the process would be unbiased in front of the P & Z. Councilwoman Richards noted that city projects do not have RO units to lower the subsidies; city projects are all category units. Councilwoman Richards said she is concerned about the long, unbroken facade along Highway 82. Semrau pointed out on renderings that the building will be broken up into 5 facades and compared to the Bleeker project, it has a smaller facade. Councilwoman Richards said another issue is whether this is a good enough value for the community in exchange for the rezoning and the density. This is trading off 4 free market lots to only get 6 category units. Councilman Paulson asked about the moving of trees. Semrau said trees can be moved only in spring and fall. They moved 14 trees in order replant and save them before construction starts. Semrau said they will do additional landscaping and will have garages. Right now a big parking lot is visible from Highway 82. Councilman Paulson suggested an annual car or parking fee. Councilman Paulson asked about 9 Regular Meeting Aspen City Council June 22, 1998 the historical significance of Aene Court. Semrau said it is the name of someone in the Ferguson family and the neighbors have requested that the name be changed. Councilman Paulson said he would prefer some other name than “Camelot”. Councilman Paulson said he does not agree to waiving the park dedication fees. Councilwoman Richards noted the housing office recommends capping RO units at $375,000 which will capture the majority of needs in the community. Councilwoman Richards said the housing board did not reduce the percentage of RO allowed to a project; however, they did recommend lowering the price cap. Councilwoman Richards said she does not support the amount of this project that is RO with 4 free market lots. It seems like a lot of development to get 6 category units. Councilman Paulson agreed. John Worcester, city attorney, reminded Council the housing guidelines have not been changed and Council is reviewing this project under the existing guidelines. Councilman Markalunas suggested a “communal car” where a development owns a car for residents to use for errands rather than everyone having to own a car. Councilman Markalunas said this may be a bonus for a project. Councilman Markalunas said in the past the Historical Society asks that they be conferred with on any change of street names. Councilman Markalunas said he does not feel “Camelot Court” is appropriate for Aspen. Councilman Markalunas agreed there is a need for RO housing; however, he would like to see more category housing in this project. Councilman Markalunas said he would be willing to look at a sliding scale for tap fees for category units to help encourage more category units. Mayor Bennett noted P & Z and the housing board differed on whether a private developer should have the right to sell units through a lottery or not. Mayor Bennett said there are no regulations existing to restrain a private developer and the city cannot invent regulations. Mayor Bennett said Council has to be fair to everyone and to follow the rules and regulations. Mayor Bennett said he would like to see the cap on RO units lower; a recommendation on this will be coming out of the housing board soon. Mayor Bennett said he will support this project because it fits the regulations under the city’s existing codes. Mayor Bennett noted there are 28 bedrooms in the deed restricted portion of the project and 57 percent of these are RO. If category 4 is counted with RO this is 93 percent of the bedrooms and that is not counting the free market part of the project. Mayor Bennett said the city needs to tighten up the AH regulations. Mayor Bennett said this is a very dense project. The Council has 10 Regular Meeting Aspen City Council June 22, 1998 indicated they want more density in some areas for affordable housing; however, this is giving up a lot for high category housing. Councilwoman Richards said this is a request for upzoning to AH. Councilwoman Richards noted that the city’s code states the category housing must be a minimum of 40 percent. The regulations do not state an applicant has 30 percent RO by right. Councilwoman Richards said she would approve this project with more category units and less RO units. Worcester said he interprets the code to allow a developer to present a project which meets the minimum requirements of “70 percent has to be affordable housing”; affordable housing is defined as both category and RO. The code also states that RO units may comprise 30 percent of unit mix and free market development may comprise up to 30 percent. The applicant has to meet a minimum threshold of 70 percent affordable housing. Worcester said it is the developer’s choice of how they meet the 70 percent affordable housing. The other choice is up to 30 percent is free market and a developer could provide less than 30 percent free market units. Semrau said they have met all the city regulations. It is expensive to build projects in Aspen and this project is meeting a need of the community. Councilman Paulson asked if there is a trail in this project to connect to Ardmore Court. John Krueger, parks department, told Council this project does not connect to Ardmore Court. Councilwoman Richards said she believes a rezoning action is discretionary, particularly with an allocation of the limited pool of free market units. Councilwoman Richards said she would prefer to table this until Council can get amplified opinions from the housing authority’s attorney and the city attorney. Councilman Paulson moved to table Ordinance #18, Series of 1998, to July 13; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to go into executive session at 8:15 p.m. for real property acquisition and negotiations; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to come out of executive session at 9:00 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilman Markalunas moved to adjourn at 9 p.m.; seconded by Councilman Paulson. All in favor, motion carried. 11 Regular Meeting Aspen City Council June 22, 1998 Kathryn S. Koch, City Clerk 12 Regular Meeting Aspen City Council June 22, 1998 CITIZEN PARTICIPATION ................................ ................................ ................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 1 CONSENT CALENDAR ................................ ................................ ........................ 1 Resolution #47, 1998 - Temporary Municipal Judge/Jeremy Bernstein ................ 3 Management Agreement Yellow Brick School ................................ ..................... 3 Resolution #50, 1998 - DEPP Phase III Endorsement ................................ .......... 3 Ordinance #20, 1998 - Historic Designation and Lot Split - 930 King Street ........ 3 Resolution #51, 1998 - Smuggler Underground Engineering Contract .................. 3 Ordinance #21, 1998 - Neighborhood Electric Vehicle ................................ ........ 3 Resolution #48, 1998 - Contract for 1998 Trails Improvement Program ............... 3 Resolution #49, 1998 - Contract for Thomas Raw Waterline ............................... 3 Minutes - May 26, 1998 ................................ ................................ ...................... 3 Ordinance #22, 1998 - Code Amendment Prohibiting Recumbent Tricycles in certain areas ................................ ................................ ................................ ........ 3 RFTA SUPPLEMENTAL APPROPRIATION ................................ ........................ 3 RESOLUTION #46, SERIES OF 1998 - Farmers’ Market Vending Agreement ...... 3 ORDINANCE #15, SERIES OF 1998 - Historic Designation 240 Lake Avenue ..... 6 ORDINANCE #18, SERIES OF 1998 - Alpine Cottages Subdivision PUD Rezoning ................................ ................................ ................................ ................. 7 13