Loading...
HomeMy WebLinkAboutminutes.council.19980323Aspen City Council Regular Meeting March 23, 1998 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Richards and Markalunas present. DENVER BRONCO DAY IN ASPEN Mayor Bennett said members of the Denver Broncos and other NFL teams will be in Aspen this week in conjunction with a fund raiser for Aspen Grassroots Experience. Councilwoman Richards moved to declare March 28 as Denver Bronco Day in Aspen; seconded by Councilman Markalunas. All in favor, motion carried. CITIZEN PARTICIPATION 1. Tony Zurcher, granddaughter of Elizabeth Paepcke, said she is here about the demolition of Mrs. Paepcke’s house. Ms. Zurcher told Council she was shocked when she heard about the proposed demolition of her grandmother’s house. Ms. Zurcher said everyone was caught unaware of the proposed demolition and people have reacted with unbelief. Ms. Zurcher said when the house was sold, everyone understood that it’s historic designation required the house to remain whole and not to be demolished. Ms. Zurcher begged reconsideration of the decision to demolish the house as the general public was not aware of what was going on. Ms. Zurcher said the role of government it is to protect its citizens. 2. Bill Stirling said the government officials are supposed to be aware of issues so that the citizens do not have to track every issue. Stirling said he has never known a house that could not have been restored. Stirling said when he was a member of Council, they revamped the historic guidelines and swore they would never see another house torn down. Stirling suggested a 60 day cooling off period to give the owners and designers time to work with the HPC to come up with an alternative design concept that would not involve tearing the house down. Mayor Bennett said he likes the cooling off period. Councilwoman Richards suggested the city consider ways to contribute in order to be part of this process. 3. Helen Palmer said change is a positive thing. However, there is a lot of architecture that contains no nourishment. The Paepcke house contains a lot of spiritual nourishment for this community and represents what citizens consider “Aspen”. 1 Aspen City Council Regular Meeting March 23, 1998 4. Lada Vrany worked for Mrs. Paepcke for over 40 years and has not seen one crack in the house. Vrany said he doesn’t want to see this house torn down. 5. Jon Busch said what has happened with the Paepcke house is indicative of a bigger problem over the last several years in Aspen. Busch said it is important to acknowledge history as well as the people who established Aspen. Busch said he is suspicious of how this came about and the legal staff should look into the process. 6. Charlie Hopton said this house should be saved at whatever cost. Hopton said the owners bought it knowing it was an old building. 7. Sam Caudill said the town has to decide what direction to g o and what kind of legacy to leave our children. Caudill said the city could hire a structural engineer to examine the house for an independent report. Mayor Bennett said what is happening is almost unimaginable. Mayor Bennett said this dialogue should be held with the owners and architects of the house and with the Historic Preservation Commission. Councilwoman Richards said Council did receive a packet of information from the staff and HPC about the public hearing. An announcement was made at a Council meeting. There was no press story about this HPC meeting. There was no report back on HPC’s final decision or of the appeal process. Councilwoman Richards said the HPC has had 6 public meetings on this property. Councilwoman Richards said she would like to find a way to open the process back up and meet with the owners. 8. Ramona Markalunas pointed out community character is important to every one in Aspen and there will be very little community character if historic buildings continue to be destroyed. Ms. Markalunas said there would be very few historic buildings if the city had not created the Historic Preservation Commission in the early 1970s and created the downtown and Main street historic districts. Ms. Markalunas noted 414 North First appears on the historic inventory in 1981, which means it was indestructible. Ms. Markalunas said demolition of the house is a sacrilege. 9. Tom Peirce said the new owners bought this house with the understanding that it would remain. The new owners must know how important this house is to connect to the past. Peirce said the city needs to work to make saving this house possible. 2 Aspen City Council Regular Meeting March 23, 1998 10. Steve Hansen said he feels the design team has done a sensational job and the owners have gone beyond what is required. The owners have complied with every requirement of the city and have gone through a vigorous process. 11. Gary Beech said preservation is not just about saving boards and bricks. The Paepcke house is much more than just board and bricks and it should be preserved for the community. Councilman Markalunas apologized for not keeping watch on this. Council was not made aware of the appeal process in time to do anything about the decision. Councilman Markalunas said the structures around town serve to remind people in Aspen of their extraordinary heritage. If Aspen does not honor its past, where will generations to come learn of struggles, trials, tribulation and triumphs. Councilman Markalunas said town and world leaders met in the Paepcke house to discuss lofty goals and humanity. Councilman Markalunas said Aspen must not disregard its heritage by allowing the demolition of the Paepcke house. A community’s greatness lies in the recognition and preservation of its past. Councilwoman Richards said she would like to find a way to save this building. Mayor Bennett noted the HPC minutes make it very clear that the house has been altered many times and this house is not a pristine Victorian house. Mayor Bennett said his concern is that this house is the fundamental spirit of Aspen. The Skiing Company was formed at this house; the executive seminars of the Aspen Institute were formed at this house; the Aspen Idea was formed in this house; the International Design Conference was created at this house; the Aspen Center for Physics was created at this house. Mayor Bennett said the city should reach out to the owners of the house to see if there is a win win solution with this problem. Mayor Bennett said there will be a work session Monday March 30th at 5 p.m. The topic will be to review the status of the Brown Paepcke house as well as review historic preservation goals. COUNCILMEMBER COMMENTS 1. Councilwoman Richards moved to add a request for funds to the CARTS (Corridor Alliance for a Rapid Transit Solution) of $500; seconded by Councilman Markalunas. Councilwoman Richards said CARTS has been formed to work on transportation along the I-70 corridor from Denver to Glenwood Springs. High 3 Aspen City Council Regular Meeting March 23, 1998 speed transit has been identified as the long term solution for this corridor. All in favor, motion carried. 2. Councilman Markalunas moved to add a request for funds to Aspen Grassroots Experience of $1500 for the fund raiser and community events; seconded by Councilwoman Richards. All in favor, motion carried. 3. City Manager Margerum requested Council add approval of a letter of support for house bill 1335 to the consent calendar. Ms. Margerum said this bill creates a fixed guideway authority for the I-70 corridor. Councilman Markalunas moved to add a letter of support of HB 1335 to the consent calendar; seconded by Councilwoman Richards. All in favor, motion carried. 4. City Manager Margerum said the County Commissioner have requested a joint work session with council on water policies and have suggested April 7th. Council agreed to April 7 at 4 or 5 p.m. CONSENT CALENDAR Councilman Markalunas moved to read Ordinance #6, Series of 1995; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #6 (Series of 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A GMQS EXEMPTION AND SUBDIVISION APPROVAL AND VESTED PROPERTY RIGHTS FOR THE TIPPLER TOWNHOMES, 535 DEAN STREET, A PARCEL OF LAND SITUATED IN LOTS L, M AND N, BLOCK 97, ASPEN TOWNSITE, LOT 1, TIPPLE WOODS SUBDIVISION AND LOT 2 GANNON’S ENTRY IN THE NW 1/4 OF SECTION 18 TOWNSHIP 10 S. R, 84 W., OF THE 6TH PM CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO was read by the city clerk 4 Aspen City Council Regular Meeting March 23, 1998 Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Markalunas. The consent calendar is: · Minutes - March 9, 1998 · Resolution #20, 1998 - Golf Cart Path Contract · Request for Funds - Traffic Calming/Pothole Relief · Request for Funds - Roller Hockey Boards · Ordinance #6, 1998 - Tippler Townhomes GMQS Exemption, Subdivision & Vested Rights · Request for Funds - CART - $500 · Request for Funds - Aspen Grass Roots Experience $1500 · Letter of Support for HB 1335 Roll call vote; Councilmembers Markalunas, yes; Richards, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #17, SERIES OF 1998 - Morgridge Annexation City Attorney John Worcester told Council when they adopted Resolution #8, Series of 1998, it set a public hearing date on this annexation for this meeting. The public hearing is to determine whether this meets the annexation requirements. Mayor Bennett opened the public hearing. City Clerk Kathryn Koch reported the public notices and publication were in order. Stan Clauson, community development director, said there is one-sixth contiguity with the city limits. The area is urban and developed and a community of interests exists. City services are currently being extended to the property. Clauson said this annexation is consistent with the AACP annexation element. Worcester said the next step is for staff to initiate zoning and to prepare an ordinance for Council to consider. 5 Aspen City Council Regular Meeting March 23, 1998 Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Resolution #17, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. Councilwoman Richards moved to continue the public hearing on Ordinances 1 and 3, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. REQUEST FOR FUNDS - Woody Creek Trailer Park Dave Tolen, housing director, told Council his office and the trailer residents have been working to acquire this property and then sell the property back to the residents, as was done with Smuggler and Aspen Village. Tolen said appraisal work has been done and the housing office is ready to make an offer to the owner of the park. Tolen said the housing office was hoping to sell a piece of property and use those funds to purchase the trailer park. Tolen requested to use money in the housing day care funds on an interim basis and to be paid back either from the sale of the trailer park to the residents or the sale of the county-owned property. Tolen presented a financial analysis of the fund and pointed out this loan leaves the fund with enough money to do all the projects that have been discussed with Council. Councilwoman Richards moved to approve the loan of housing fund to the housing office for the Woody Creek Trailer park buy out of $1.1 million; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #7, SERIES OF 1998 - Bell Mountain Townhomes PUD, Subdivision & Vested Rights Councilman Markalunas moved to read Ordinance #7, Series of 1998; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #7 (Series of 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION AND CONSOLIDATED CONCEPTUAL/FINAL PLANNED UNIT DEVELOPMENT (PUD) APPROVAL, INCLUDING A VARIANCE TO 6 Aspen City Council Regular Meeting March 23, 1998 THE MAXIMUM HEIGHT LIMIT AND THE MINIMUM OPEN SPACE REQUIREMENT, AND VESTED PROPERTY RIGHTS FOR THE BELL MOUNTAIN TOWNHOMES, 720 E. COOPER AVENUE, LOTS K,L,M,N,O,P. AND Q, BLOCK 105, TOWN OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO was read by the city clerk Stan Clauson, community development director, said one issue is the relationship of this project to the Independence Pass Plaza. Clauson said this approval and project represents a fallback if the Independence Pass Project does not move forward. Clauson reminded Council the Independence Pass Project is moving forward; however, the applicants feel they must pursue this project with the history of the Independence Pass. Clauson said when the Fireside Lodge was approved in 1997, Council expressed concern about the change in use provisions and small lodge conversions, which allowed a lodge to convert to a residential property without mitigation if it could be showed that conversion had less employee generation impact than the original use. Staff is working on this issue with P & Z and has delayed the small lodge lottery in order to work through this process. The Bell Mountain project has timing issues; they have been in the process since before Council’s direction regarding this mitigation issue. Clauson noted this project does include voluntary ADUs. Mitch Haas, community development department, said issues outlined in the staff memo are the LP allocations and the project request beyond those allocations; the PUD request for a variance of the height and open space requirements of the zone district. Staff supports both these variance requests. Mayor Bennett asked if staff has researched the dates of applications and Council’s request of change in direction. John Worcester, city attorney, told Council most case law in Colorado states the applicant is entitled to rely upon the law in existence at the time of the application. Worcester said even in states that recognize the pending ordinance doctrine would not recognize a request from Council to close a loophole to be a pending ordinance. Haas said there are 5 ADUs included at just under the maximum size at 694 square feet. Councilman Markalunas said he does not believe that ADUs should be relegated to below grade spaces. The applicant told Council the height variance allows the ADUs to be half in and half out of below grade spaces. Councilwoman Richards said at second reading she would like the applicants to address how these ADUs will be used; will they be rented by the property owners or sold by the housing office or rented through the housing office. 7 Aspen City Council Regular Meeting March 23, 1998 Council thanked the applicant for including ADUs even though they are not required. Councilwoman Richards moved to adopt Ordinance #7, Series of 1998, on first reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Richards, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. SCHEDULE BOARD INTERVIEWS Council set Tuesday April 14th at 4 p.m. to interview candidates for boards and commissions and to interview the joint RFTA candidates with the BOCC on Tuesday, April 7 at 4:30 p.m. Councilman Markalunas moved to go into executive session for the purpose of discussing property acquisition at 7 p.m.; seconded by Councilwoman Richards Councilwoman Richards moved to come out of executive session at 7:25 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas moved to adjourn at 7:25 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. DENVER BRONCO DAY IN ASPEN ................................ ................................ ... 1 CITIZEN PARTICIPATION ................................ ................................ ................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 3 CONSENT CALENDAR ................................ ................................ ........................ 4 Minutes - March 9, 1998 ................................ ................................ ..................... 5 Resolution #20, 1998 - Golf Cart Path Contract ................................ .................. 5 Request for Funds - Traffic Calming/Pothole Relief ................................ ............. 5 Request for Funds - Roller Hockey Boards ................................ .......................... 5 Ordinance #6, 1998 - Tippler Townhomes GMQS Exemption, Subdivision & Vested Rights ................................ ................................ ................................ ...... 5 Request for Funds - CART - $500 ................................ ................................ ....... 5 Request for Funds - Aspen Grass Roots Experience $1500 ................................ .. 5 Letter of Support for HB 1335 ................................ ................................ ............. 5 RESOLUTION #17, SERIES OF 1998 - Morgridge Annexation ............................. 5 REQUEST FOR FUNDS - Woody Creek Trailer Park ................................ ............ 6 ORDINANCE #7, SERIES OF 1998 - Bell Mountain Townhomes PUD, Subdivision & Vested Rights ................................ ................................ ................... 6 SCHEDULE BOARD INTERVIEWS ................................ ................................ ..... 8 8 Aspen City Council Regular Meeting March 23, 1998 9