Loading...
HomeMy WebLinkAboutminutes.council.19980511Regular Meeting Aspen City Council May 11, 1998 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Vickery, Richards and Markalunas present. PROCLAMATION - Arbor Day Mayor Bennett and Council proclaimed May 18 as Arbor Day in Aspen and urged all citizens to support efforts to care for trees and woodlands and to support Aspen’s community forestry program. The parks department will celebrate Arbor day with an experimental planting of new varieties of trees at the Rio Grande. The city will also give away trees to the first 200 city residents. These trees are to be planted on private property to improve Aspen’s urban forest. OUTSTANDING EMPLOYEE BONUS AWARDS City Manager Amy Margerum, Mayor Bennett and Council awarded the following city employees for outstanding work in the second quarter; Steve Barwick - Assistant City Manager; Karen Gardner - Environmental Health Department; Richard Pryor and Jeff Harmon - police department; Rob Fabrocini - police department; and a team award to the Wheeler staff - David Samuelson, Wayne Pleasants, Chris Hipp, Martha Horan and John Nettles. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilwoman Richards reported she attended the RFTA board meeting. They have requested the city look at putting a new bus shelter in front of the old library building on Main street. 2. Councilman Markalunas commended the street department for their extraordinary effort in cleaning the streets. The town looks very good. Councilman Markalunas said the streets department is conducting their annual spring clean up pick up. The streets department has also done a good job in getting the crosswalks painted. 1 Regular Meeting Aspen City Council May 11, 1998 3. Councilwoman Richards moved to add Resolution #41, Series of 1998, Water Place Housing, Unit #21, to the consent calendar; seconded by Councilman Markalunas. All in favor, motion carried. 4. City Manager Margerum told Council as part of the upcoming franchise negotiations with TCI cable, there will be a public hearing May 28. Ms. Margerum said she would like a quorum of Council present. CONSENT CALENDAR Councilwoman Richards moved to read Ordinance #12, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE NO. 12 Series of 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING AND APPROVING REVISED AGREEMENTS FOR THE EXTRATERRITORIAL EXTENSION AND DELIVERY OF RAW WATER TO ASPEN HIGHLANDS BASE AREA DEVELOPMENT AND ASSOCIATED AREAS FOR IRRIGATION AND SNOWMAKING USES Councilman Vickery moved to adopt the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: · Resolution #38, 1998 - Mall Restaurant Leases · Resolution #39, 1998 - Hines-Highlands Water Service Agreement · Resolution #40, 1998 - James B. Moore Water Service Agreement · Ordinance #12, 1998 - Aspen Highlands Raw Water Agreement Amendment · Minutes - April 13, 27, 1998 · Resolution #41, 1998 - Sale of Unit #21, Water Place Housing Roll call vote; Councilmembers Richards, yes; Vickery, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. 2 Regular Meeting Aspen City Council May 11, 1998 ORDINANCE #8, SERIES OF 1998 - Aspen Mountain Section M Amendment Stan Clauson, community development director, told Council the first phase of this project was the Ritz hotel; this phase is lots 3 Grand Aspen and lot 5 Top of Mill site. There is a timetable for development for these parcels and the applicant is requesting extension of the dates of development submission, building permits, etc. for lots 3 and 5. Clauson told Council staff has received a letter from Richard Roth stating that Savanah Limited Partnership has not fulfilled its housing obligations for phase I of the Aspen Mountain PUD, specifically the development of the Bavarian Inn property. John Sarpa, Savanah Limited Partnership, reminded Council in 1990 a hearing was held to determine whether the Section M deadline dates should be extended. At that time, Council found there were sufficient reasons to grant an extension. There were also extensions for the ice rink. Sarpa said there are reconstruction credits for buildings which were located on the site of the ice rink and were torn down. These reconstruction credits have a 5 year life span. In 1990 at the Section M extension of dates, there was an extension granted for the certificate of occupancy for the ice rink from October 1991 to October 1993. Sarpa said in 1994, Savanah began working on phase II and in 1995 hired a development staff to put together an application for phase II. Savanah had some pre-application meetings with staff and then made an application in January 1996 for phase II. There were about 8 months of P & Z meetings and the project was going to Council. In 1997, the Ritz Carlton pulled out of the hotel management, which was disruptive to Savanah. During this time, Savanah received feedback from staff and P& Z about the application. Sarpa told Council since then the applicant has been revising the submission. Sarpa reminded Council the Grand Aspen was scheduled to be demolished in October 1995. An extension was granted by Council to October 1998. Just this year, the demolition of the Grand Aspen was again extended to October 1999. Sarpa said there are 20 reconstruction credits associated with units torn down on the ice rink. Sarpa said in earlier considerations of reconstruction credits, it was decided that there is no way to determine how to use reconstruction credits until there is a development plan. The city decided to hold off on those reconstruction credits until the Grand Aspen was torn down; these credits are to expire one year 3 Regular Meeting Aspen City Council May 11, 1998 after the demolition of the Grande Aspen. Sarpa requested the 20 reconstruction credits for the ice rink be treated the same way. Sarpa said this amendment also relates to the extension of dates for issuance of a building permit and issuance of certificate of occupancy. Sarpa pointed out the staff states the project should have final approval in 8 months. Sarpa said this may not be enough time for the city to review an entirely new project. The applicants think this will take 18 months. The dates for building permit and certificate of occupancy are based on the final review approval date. Staff and the applicants agree on the extension date for lot 3 on July 1, 2000 for a building permit and 15 months later for a certificate of occupancy. Sarpa reminded Council during 1990, 1991 and 1992, Savanah spent a lot of time on the Meadows approval process. This was a factor in delaying the submission for phase II of the Aspen Mountain project. Clauson said for lot 3 staff does not feel there is any public interest at stake on the timing of this project. Lot 5 is the Grand Aspen hotel and there is an adopted demolition date for that hotel. This site is visible and important to the town and the application date should be as soon as possible. Sarpa noted that if the approval for lot 3 is a mixed project, one building permit and one certificate of occupancy does not make sense. Sarpa said once the Council has approved a plan for this site, it would make sense to put the specific dates for completion in the agreement. Councilwoman Richards said developing the specific timeline should be part of the P & Z review. Mayor Bennett opened the public hearing. Richard Roth, Concerned Citizens for Affordable Housing, passed out exhibits 1 through 6 which were too large for Council’s packet. Roth said they would like to bring closure to the affordable housing requirements for phase I of this project. Roth noted that for phase II, the developer claimed that no affordable housing needs to be built because Savanah provided more housing than required for phase I. Roth said there is a shortfall of affordable housing for phase I. Roth told Council the agreement asked that Savanah house 60 percent of the employees generated by the approval of the PUD. These are 46 employee at the Alpine Haus; 43 employees at the Copper Horse; 3.5 employee at the Grand Aspen Hotel; 37 employees at Ute City Place; 69 employee credit at Hunter Longhouse for a $250,000 loan, a total of 198.5 employees. In February 1990, the electorate voted to amend the PUD agreement. Option A included language that the developer shall, in good faith, 4 Regular Meeting Aspen City Council May 11, 1998 process a land use application for affordable housing suitable for .8 acres known as the Bavarian Inn. This option was adopted by the voters of Aspen and become part of the PUD. Roth showed pictures of the affordable housing units, Alpina Haus housing 46 employees; Copper Horse, required to house 43 employees, housing 14 to 16 employees; Grand Aspen housing 3.5 employees - when the hotel is demolished, the employees will have no place to live; Ute City Place required to house 37 employees and housing 37 employees; Hunter Longhouse loan of $250,000 and credit for housing 69 employees. Roth pointed out an article in the Aspen Time Daily (exhibit 1) December 14, 1989 which states, “If the City Council reapproves the Ritz Carlton, the developers of the project said they will buy the Bavarian Inn to provide housing for 90 to 100 workers”. Exhibit 2 is a quote from the property owner Mohamned Hadid stating, “We understand that Aspen faces a series shortage of affordable housing and have always believed we have a significant responsibility to help address this issue. At next week’s City Council meeting, we intend to set forth a plan for a major housing project in Aspen for between 90 to 100 individuals. This project, which is in addition to our existing commitments, to provide housing can be accomplished by development of the Bavarian Inn. Exhibit 3 is from the Aspen Time Daily December 18, 1989 proposing the development for another 90 to 100 people. Exhibit 4 is the ballot language. Exhibit 5 is a brochure sent to the voters by the Aspen Mountain proponents stating that Option A will result in employee housing for about 288 workers with 90 additional people on the Bavarian Inn site. Exhibit 6 highlights Option A on the brochure stating the developers will build new employee housing on the Bavarian Inn site. Roth said not building this employee housing is an egregious violation of the PUD and the Council should do something to insure that the developer’s representations are turned into affordable housing. Roth noted that the audit of the Ritz was to be done by a CPA; this has not been done. Roth said the rents at the Copper Horse are higher than those agreed upon. Roth said the audit done by the housing office states there are 333 employees at the Ritz; the management of the Ritz stated there were 476 employees. Michael Gassman, former Council member, stated phase I is not finished. There are housing commitments that have not been met and Council should not be reviewing 5 Regular Meeting Aspen City Council May 11, 1998 phase II until phase I is finished. Frank Peters, housing board member, said he feels it is clear that the Bavarian Inn was promised as additional housing mitigation for phase I of this project. Peters said as a housing board member it is frustrating that the housing units never get ahead. Bill Stirling, former Mayor, said Option A passed because of the incentive of the Bavarian Inn given to the voters. John Worcester, city attorney, said the ballot language is clear that the developer shall in good faith process a land use application for affordable housing on the Bavarian Inn site. The applicant has not yet done that however, Worcester noted the ballot question does not tie this requirement to the hotel phase. Worcester said Council may state they will not address an application for phase II unless it also contains an application for the Bavarian Inn. Worcester said there is nothing in the ballot language to tie this to phase I. The ballot language refers to the Aspen Mountain PUD (including the Ritz Carlton Hotel), which implies the PUD is more than just the Ritz Carlton hotel. Sarpa said the auditor for the Ritz employee count was not chosen by Savanah; the results were reviewed by the housing board and by Council. Sarpa said the number of housing units credited for the Alpina Haus and Copper Horse was determined by the previous owner and has not changed. Sarpa said at the time of approval, a high priority for housing was dormitory-type units. The Alpina Haus and Copper Horse have been sold; the deed restriction runs with them; however, Savanah does not have a legal responsibility for what the new owner does. Sarpa said the applicants will make a full application for employee housing on the Bavarian Inn site only when they know what is suitable. Sarpa said the applicants are currently redesigning both phase II and the employee requirements for that phase. Sarpa said the commitment from the applicants was to buy the Bavarian Inn and was over above the 198.5 employees to be housed. Roth said the Concerned Citizens for Affordable Housing wants to bring closure to this issue. Roth requested Council not take any action on phase II until the city is sure that the applicant is in 100 percent compliance with phase I. Amy Margerum, city manager, noted that at the time of approval, staff made it clear to Council that the Copper Horse would not be able to house 43 people. Sarpa said these issues are not germane to extension of the dates. Sarpa said there are a lot of issues to be discussed and they should be discussed in conjunction with the land use submission. 6 Regular Meeting Aspen City Council May 11, 1998 Clauson recommended Council table this issue to allow staff to come back with an extension recommendation to incorporate a condition that the Bavarian Inn application be processed at the same time as lots 3 and 5. Mayor Bennett closed the public hearing. Councilman Vickery said he would like to know if there is an audit going on, when that audit will be complete and when Council will get the results. Councilwoman Richards said she would like this tabled for 2 weeks so that the Council can come to a full understanding of when and how things will occur in the PUD. Councilwoman Richards said she is not sure just processing an application will satisfy the promise of “in addition as the owners we have agreed to build new employee housing”. Councilwoman Richards pointed out there are a lot of facts to be sorted out; no one has mentioned that the applicants loaned the Lazy Glen trailer owners money to buy their property or that 40 people have been housed at the Bavarian Inn. Mayor Bennett said he wants to know what the phase I commitments are and what the phase II commitments are. Mayor Bennett said he would also like to know the relationship of the housing issue to the Section M amendment extension of dates. City Manager Margerum outlined the 4 issues; (1) the audit, which has been brought to the attention of the housing board and the staff will report back on what is happening. This impacts the phase I phase II issue; (2) the enforcement issue, the Alpina Haus and Cooper Horse are enforcement issues and Council needs a report from the Housing Board on this; (3) the ballot language for the Bavarian Inn, what “in good faith” means, what is the timing of this. Staff has discussed this at length and has said there is no time line in the ballot and it was being proposed by the applicant to be part of the phase II application; (4) what is the relationship of all this to the Section M amendment. Ms. Margerum said the issue of 198.5 employee units is a moot issue; it is a done deal and is not relevant to this. The audit and enforcement issues are more relevant. Ms. Margerum said the 198.5 employee units is part of the PUD agreement and staff has never had the advice they may go back and challenge this number. Ms. Margerum pointed out staff felt the housing mitigation of 198.5 was inadequate and Council agreed; however, the public approved this. Ms. Margerum said the issue is the commitment made with respect to the Bavarian Inn, which is one reason why the public approved this development. Mayor Bennett said Council also needs to know what legal binding effect, if any, exists from that number. 7 Regular Meeting Aspen City Council May 11, 1998 Councilwoman Richards moved to continue Ordinance #8, Series of 1998, to May 26, 1998; seconded by Councilman Markalunas. Councilman Vickery said there are a lot of issues; the issues brought up and the Section M amendment are 2 distinct issues. Sarpa said the Bavarian Inn units were above and beyond that required by the PUD. The applicant agreed to process a land use application for affordable housing suitable for that site over and above 198.5 units. Councilman Vickery asked if the applicants anticipate using any units on the Bavarian Inn for mitigation of phase II. Sarpa said yes. All in favor, motion carried. ORDINANCE #9, 1998 - Appropriations Sheila Steinauer, budget director, told Council there have been two changes since first reading; $8,000 for removal of a gas tank on the Mill street mall and $10,000 for the electric fund for additional street lights. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #9, Series of 1998, on second reading as amended; seconded by Councilman Markalunas. Roll call vote; Councilmembers Richards, yes; Vickery, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #11, SERIES OF 1998 - Holy Cross Franchise John Worcester, city attorney, told Council this is to extend the Holy Cross franchise subject to approval by the city electorate. This election will be June 30. Worcester noted the major change in this ordinance since first reading is it is a 5 years franchise, one year terms automatically renewed unless the city gives 6 month notice prior to the renewal date. The city can terminate the agreement with 6 months notice. This is a 3 percent franchise fee. Holy Cross added a new franchise of 1 percent for a community enhancement fund. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 8 Regular Meeting Aspen City Council May 11, 1998 Councilwoman Richards moved to adopt Ordinance #11, Series of 1998, as amended on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Vickery, yes; Markalunas, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #13, 1998 - Code Amendment - Farmer’s Market Councilman Markalunas moved to read Ordinance #13, Series of 1998; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE No. 13 SERIES OF 1998 AN ORDINANCE OF THE CITY OF ASPEN, COLORADO TO AMEND SECTIONS 15.04.350, 26.04.100, 26.28.140, 26.28.150, 26.28.160, AND 26.28.170 OF THE ASPEN MUNICIPAL CODE TO REVISE THE DEFINITION OF THE TERM “FARMERS’ MARKET” AND TO PERMIT FARMERS’ MARKETS AS A PERMITTED USE IN THE COMMERCIAL CORE (CC), COMMERCIAL (C-1), SERVICE/COMMERCIAL/INDUSTRIAL (S/C/I), AND NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICTS PROVIDED A VENDING AGREEMENT HAS BEEN OBTAINED PURSUANT TO SECTION 15.04.350(B) OF THE MUNICIPAL CODE was read by the city clerk Mitch Haas, community development department, told Council he reviewed this with all city departments that may have issues with a farmer’s market. Haas said he included everything that will be required so that any applicant will know what to expect and what they need to do. Haas said P & Z voted unanimously to recommend the proposal to Council. Haas said the concerns of various departments is why the ordinance is so lengthy. Haas said the zone districts where a farmer’s market would be allowed are intended to serve locals rather than tourist-oriented. The proposal includes time limitations to 2 days a weeks from 8 a.m. to 2 pm. There are also guidelines for produce sold at a farmer’s market, 60 percent should be Colorado grown, which is easy to verify. This would require HPC review only for streets in the historic overlay district. Any proposal should be in harmony with DEPP and AACP. Haas said applications from individual vendor’s will not be taken. Approval for a farmer’s market will come 9 Regular Meeting Aspen City Council May 11, 1998 from Council and will include notice requirements. Haas noted that added to the definition is “established by an organization of farmers/producers to provide . . ” Mayor Bennett said he is supportive of the concept of a farmer’s market; however, he cannot support an ordinance this long and complicated when the city is trying to simplify the code. Mayor Bennett said this is the type of regulation that gives bureaucracy a bad name. Councilwoman Richards agreed and said she does not want people to have the idea that a farmer’s market is so complex. Councilman Vickery said he does not want to see simplification at the expense of clarity. Councilman Vickery said what people like in the code is a reasonable clear, organized, predictable laws so when they make an application they know what needs to be done. Council suggested a pamphlet of items required, like sales tax, health inspection, etc. instead of having all this in the ordinance. Councilwoman Richards moved to adopt Ordinance #13, Series of 1998, on first reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Richards, yes; Markalunas, yes; Vickery, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #14, SERIES OF 1998 - Code Amendment - Small Lodge Conversion/Housing Mitigation Councilwoman Richards moved to continue to May 26, 1998; seconded by Councilman Vickery. Stan Clauson, community development director, told Council staff would like to incorporate changes in the recommendation after conversations with the housing office. Mayor Bennett said it was his intention this conform with discussions Council had with the small lodges where they agreed with the ADU solution. All in favor, motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 9:20 p.m.; seconded by Councilman Vickery. All in favor, motion carried. RESOLUTION #37, SERIES OF 1998 - Formation of Smuggler Area Underground District Mark Hesselschwerdt and Jeffrey Shoaf presented a petition with signatures of 79 percent of the homeowners in the Smuggler area requesting creation of an 10 Regular Meeting Aspen City Council May 11, 1998 underground district. There is a map of the proposed district in Council’s packet. John Worcester, city attorney, told Council the petitioners would like to get this on the November ballot which makes a very tight time line. One of the most important issues is to get the exact costs to underground the secondary line in order to let homeowners know what their costs will be. Councilwoman Richards said the applicants should check the requirements of the Mocklin subdivision to see if he was to pay any cost toward undergrounding. Councilwoman Richards pointed out there is also an election in May 1999 if this does not make the November ballot. Amy Margerum, city manager, said the Smuggler neighborhood area money was to go toward street lights and bus shelter. These will be partially funded from the electric and transportation departments. Ms. Margerum said the rest of the neighborhood money could go toward the costs of engineering and finalizing expenses for the underground district. Mayor Bennett said the city can fund the remainder out of fund balance. Councilman Vickery moved to approve Resolution #37, Series of 1998, to order public utilities serving the Smuggler area to prepare a cost and feasibility report for the underground conversion of their service lines and to further to authorize expenditures of up to $15,000 from general fund to supplement the other funds available for engineering; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Markalunas moved to adjourn at 9:15 p.m.; seconded by Councilman Vickery. All in favor, motion carried. Kathryn S. Koch, City Clerk 11 Regular Meeting Aspen City Council May 11, 1998 PROCLAMATION - Arbor Day ................................ ................................ ............. 1 OUTSTANDING EMPLOYEE BONUS AWARDS ................................ ............... 1 CITIZEN COMMENTS ................................ ................................ .......................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 1 CONSENT CALENDAR ................................ ................................ ........................ 2 Resolution #38, 1998 - Mall Restaurant Leases ................................ ................... 2 Resolution #39, 1998 - Hines-Highlands Water Service Agreement ..................... 2 Resolution #40, 1998 - James B. Moore Water Service Agreement ..................... 2 Ordinance #12, 1998 - Aspen Highlands Raw Water Agreement Amendment ..... 2 Minutes - April 13, 27, 1998 ................................ ................................ ............... 2 Resolution #41, 1998 - Sale of Unit #21, Water Place Housing ........................... 2 ORDINANCE #8, SERIES OF 1998 - Aspen Mountain Section M Amendment ..... 3 ORDINANCE #9, 1998 - Appropriations ................................ ................................ 8 ORDINANCE #11, SERIES OF 1998 - Holy Cross Franchise ................................ 8 ORDINANCE #13, 1998 - Code Amendment - Farmer’s Market ............................ 9 ORDINANCE #14, SERIES OF 1998 - Code Amendment - Small Lodge Conversion/Housing Mitigation ................................ ................................ ............. 10 RESOLUTION #37, SERIES OF 1998 - Formation of Smuggler Area Underground District ................................ ................................ ................................ .................. 10 12