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HomeMy WebLinkAboutminutes.council.19981123Aspen City Council Regular Meeting November 23, 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 AWARDS Third Quarter awards were presented to Kevin Dunnet (Parks); Sandee Boyer (Police) Betsey Kipp (Environmental Health); Jannette Whitcomb (Environmental health); Community Development Team (Mitch Haas, Chris Bendon, Sara Thomas and Bob Nevins); Dream Team (Sheila Steinauer, Kathryn Koch, Fred Dick, Lee Ledesma, Kathy Tolle, Lysa Usher, Ryan Malloy, Carolyn Herwick, Brian Nichols, Steve Barwick, Patsy Malone) and Wheeler Opera House Staff PROCLAMATION World Cup Council proclaimed Friday, November 27 an unofficial ski holiday for all to celebrate the return of World Cup to Aspen. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilman Markalunas reminded everyone today is the 35th anniversary of the assassination of John F. Kennedy and to think of what Kennedy meant to this nation. 2. Amy Margerum, city manager, introduced Tom Newland the new executive director of the Roaring Fork Railroad Holding Authority. Newland said there will be open houses held November 30 and December 1 in Basalt and Glenwood Springs to review the building alternatives for a transportation system in this valley. RFRHA hopes to have a decision by December 18 on the favored alternative. CONSENT CALENDAR Councilman Paulson moved to read Ordinances 47, 49 and 48, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE NO. 49 1 Aspen City Council Regular Meeting November 23, 1998 Series of 1997 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING SECTIONS 2.12.010, 2.12.020, 2.12.030, 2.12.040, 2.12.050(b), 2.12.050(d), 2.12.050(g), 8.12.370, 8.20.020(k), 8.36.020(d), 8.44.020(c), 24.08.020, 26.04.060, 26.04.070, 26.04.080, and 25.08.090(d) TO INCREASE LAND USE APPLICATION FEES, HISTORIC PRESERVATION APPLICATION FEES, ZONING PROCESSING AND ENFORCEMENT FEES, ASPEN MUNICIPAL GOLF COURSE USER FEES, ASPEN ICE GARDEN USER FEES, JAMES E. MOORE POOL USER FEES, MISCELLANEOUS LEISURE AND RECREATION DEPARTMENT USER FEES, ANNUAL ALARM AND FALSE ALARM FEES, MISCELLANEOUS DOG LICENSING FEES, AND TOWING FEES. ORDINANCE #47 (Series of 1998) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUE OF $963,372; APPROPRIATING GENERAL FUND EXPENDITURES OF $713,046; TRANSFERRING $61,000 FROM THE GENERAL FUND TO THE WATERPLACE HOUSING CAPITAL PROJECT FUND; RECOGNIZING WHEELER FUND REVENUES OF $208,918; APPROPRIATING WHEELER FUND EXPENDITURES OF $618,781; APPROPRIATING PARKS & OPEN SPACE FUND EXPENDITURES OF $425,673; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF $2,526,062; APPROPRIATING WATER FUND EXPENSES OF $140,000; ELECTRIC FUND EXPENDITURES OF $22,240; TRANSFERRING $17,132 TO THE TRANSPORTATION FUND; RECOGNIZING GOLF FUND REVENUES OF $5,100; APPROPRIATING GOLF FUND EXPENDITURES OF $5,100; APPROPRIATING RED BRICK CAPITAL PROJECT FUND EXPENDITURES OF $41,562; APPROPRIATING WATER PLACE HOUSING CAPITAL PROJECT FUND EXPENDITURES OF $61,000. ORDINANCE #48 (Series of 1998) 2 Aspen City Council Regular Meeting November 23, 1998 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL FOR LANDMARK DESIGNATION OF 117 NORTH SIXTH STREET, LOTS G, H AND I BLOCK 18 CITY OF ASPEN, PARCEL ID NO. 2735-124-45-003 were read by the city clerk Councilman Vickery requested item (j) Approval of Housing Funds for Purchase of Existing Units be removed from the consent calendar. Councilman Markalunas moved to adopt the consent calendar as amended; seconded by Councilman Paulson. The consent calendar is: · Request for Funds - World Cup White Circus ($1500 contingency) · Request for Funds - Roaring Fork Outdoors ($3000 1999 grants budget) · Request for Funds - Grassroots TV Fundraising Event ($11,235 general fund balance) · Resolution #87, 1998 - Highline Lease - Wheeler Opera House · Resolution #86, 1998 - Building Maintenance Contract Wheeler · Ordinance #47, 1998 - Appropriations · Ordinance #49, 1998 - Fee Ordinance · Ordinance #48, 1998 - Historic Designation 117 N. 6th · RFRHA Request Railbank Aspen Branch · Minutes - November 9, 1998 All in favor, motion carried. APPROVAL OF HOUSING FUNDS FOR PURCHASE OF EXISTING UNITS 3 Aspen City Council Regular Meeting November 23, 1998 Lee Novak, housing office, told Council this building is a 10 unit apartment on Park Avenue occupied by local employees, many of whom have expressed interest in staying in their units. The purchase price is $2,325,000; sales proceeds are expected to be $1,310,000 and payment from Houston & Goldsmith at $234,500 for 3 mitigation credits. The total cost to the housing fund is $780,500 and this will put 20 bedrooms into the housing pool. Houston/Goldsmith will use their units as mitigation for a project in the commercial core. Mayor Pro Tem Richards complemented the housing office for working with the private sector to create housing without growth. Councilman Vickery moved to approve the housing funds to purchase these existing units; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #84, SERIES OF 1998 - 1999 Budget Sheila Steinauer, budget director, told Council staff has prepared a 1999 and 2000 budget using a 4 percent formula increase. The City Charter requires a public hearing on the budget. Ms. Steinauer told Council expenditures are estimated to exceed revenues in 1999 because of increases in capital spending, land acquisitions and carry forward of unfinished projects. There are accumulated balances in all city funds, so this is not a concern. The 1999 sales tax is budgeted at a 3 percent increase and there is no increase projected for 2000. Sales tax is 33 percent of total city revenue. The enterprise fund revenues are 37 percent of the total city revenue and are budgeted at a 1 percent decrease over 1998. Supplemental requests total $870,000 with one time adjustments 24 percent of this. 33% of the supplemental requests are covered by revenue and 43 percent are on-going expenses. The asset management plan is down 4 percent from 1998. The general fund has a $1 million balance in 1999; debt on Cozy Point will be transferred to the parks fund. Ms. Steinauer noted the 1999 mill levy is 5.367 mills, which is lower than previous years due to a temporary property tax credit of .034 mills. Mayor Pro Tem Richards opened the public hearing on the 1999 budget and mill levy. There were no comments. Mayor Pro Tem Richards closed the public hearing. 4 Aspen City Council Regular Meeting November 23, 1998 Mayor Pro Tem Richards asked about the increase in Wheeler revenues. Nida Tautvydas, Wheeler director, said they plan on increasing the spectrum of performing arts programs at the Wheeler to round out what is currently offered.. This will not be in competition with other local non-profit groups. Ms. Tautvydas told Council they plan on eliminating one night of film monthly to offer more performing arts which will increase revenues at the Wheeler. Councilman Vickery moved to continue Resolution #84, Series of 1998, to December 7; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #85, SERIES OF 1998 - 1999 Mill Levy Sheila Steinauer, budget director, told Council the 1997 collection will be above that allowed by Amendment 1 and the city will issue a temporary property tax credit. Mayor Pro Tem Richards suggested if the property tax collection continues to be above amendment 1 limits, staff look into using the excess revenues to purchase trees or give customers electricity credits, some type of investment for the entire community. Ms. Steinauer said the 1999 mill levy will be 5.367 mills, down .034 mills because of the temporary tax credit. Mayor Pro Tem Richards opened the public hearing. There were no comments. Mayor Pro Tem Richards closed the public hearing. Councilman Markalunas moved to adopt Resolution #85, Series of 1998, approving the 1999 mill levy of 5.367 mills; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #88, SERIES OF 1998 - Castle Creek Condominiums Annexation City Attorney John Worcester reminded Council the city purchased this property, located at the southeast end of Castle Creek bridge, about a year ago. At their October 13th meeting, Council adopted Resolution #76, 1998, to start the annexation procedure. Mayor Pro Tem Richards opened the public hearing. City Clerk Kathryn Koch reported this hearing has been noticed and certified letters sent to the county and school district. The property is at least 1/6 contiguous and a community of interest exists between the city and this area. Julie Ann Woods, 5 Aspen City Council Regular Meeting November 23, 1998 community development director, said the property has not been subdivided to accomplish this annexation and the annexation is consistent with the AACP. Mayor Pro Tem Richards closed the public hearing. Councilman Paulson moved to adopt Resolution #88, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #43, SERIES OF 1998 - Historic Designation 735 W. Bleeker. Councilman Vickery left the room due to conflict of interest. Julie Ann Woods, community development director, said the applicant is requesting historic designation and grant for 735 West Bleeker. HPC recommended approval 6 to 1 and P & Z recommended approval unanimously. The issue at HPC had to do with development potential, which is a separate issue. Ms. Woods told Council the HPC found that this property meets 3 of the 5 criteria for designation; architectural importance, neighborhood character and community character. This is a typical miner’s cottage surrounded by mature evergreen trees and a white picket fence. Mayor Pro Tem Richards asked if there is enough lot area for the applicant to apply for a historic lot split. Ms. Woods said the R-6 zone would not allow for a lot split. The applicant has discussed a code amendment that may allow a historic lot split in the R-6 zone district. Ms. Wood said the way the historic building sits on this lot would force an east/west configuration if the lot was split. Mayor Pro Tem Richards said she is concerned about historic lot splits increasing the FAR because with two lots, one is able to get two 500 square foot exemptions for garages. Mayor Pro Tem Richards said during the 930 King street discussion, Council suggested the FAR exemption for garages may be split between the two lots. Council also discussed for the value of having two lots and being able to sell two houses, there may be a reduction in FAR rather than just dividing it between the two houses. Mayor Pro Tem Richards suggested staff investigate these two issues. Mayor Pro Tem Richards asked if there is a separate building right on this lot. Ms. Woods answered there is another building right because R-6 allows for two detached units. The applicant have requested this and are providing two ADUs, which they plan on having occupied. Mayor Pro Tem Richards said she would like 6 Aspen City Council Regular Meeting November 23, 1998 staff to make sure the criteria for bonus FAR on lot splits is truly met rather than just given automatically. 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 #43, Series of 1998, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; Mayor Pro Tem Richards, yes. Motion carried. ORDINANCE #46, SERIES OF 1998 - Smuggler Hunter Trust Subdivision and Rezoning Chris Bendon, community development department, said this is a rezoning for property located at 2 Williams Way. Bendon showed the where the property is sited, the property is 1 acre, bisected by Williams Way and the house is on the north side of the property. The proposed subdivision is part of the southern parcel. The minimum lot size in RMF/A is 27,000 square feet which directs where the subdivision line will be drawn in order to have the north lot remain a conforming lot. The southern lot will be less than 27,000 square feet and it will be conveyed to the city as a park and will be zoned P, park. The other portion of the southern lot has an open space easement, which conveys floor area to the northern portion but does not allow any development on that portion of the lot. Bendon said this open space encumbrance does not restrict the amount of development but restricts it to the property north of Williams Way. The FAR on the northern portion is less because of the conveyance of the rest of the parcel. Bendon noted Council questioned whether the house is protected as a historic resource. The house is not on the inventory and is not landmarked. The city’s historic preservation officer looked at this and determined the house is eligible for the inventory. The applicant has not pursued placing the house on the inventory. Staff and P & Z recommend approval of subdivision and rezoning. Maxwell Aley said he understands the city has the right to place this property on the inventory anytime they want without the consent of the owner. Aley said the owner of this property does not want to voluntarily consent to place this on the inventory. City Attorney John Worcester agreed the city’s land use code allows a process where Council may place properties on the historic landmark even though the owner does not wish to have their property landmarked. Councilman Vickery said the 7 Aspen City Council Regular Meeting November 23, 1998 historic designation should not be a condition of the real estate contract at this late date; however, he would like to have this property landmarked. Councilman Vickery said he would like a report from staff on the historical significance of the property. Mayor Pro Tem Richards said she would like the city to work with the new owner to see if they will be willing to place the structure on the inventory. Mayor Pro Tem Richards supports reducing the floor area allowed to this property. Council directed staff to start the process immediately to put this structure on the historic inventory. 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 #46, Series of 1998, on second reading; seconded by Councilman Vickery. Roll call vote; Councilmembers Paulson, yes; Vickery, yes; Markalunas, yes; Mayor Pro Tem Richards, yes. Motion carried. RESOLUTION #83, SERIES OF 1998 - Approve Purchase Contract 0002 William Way David Hoefer, assistant city attorney, reminded Council they staff to obtain this parcel for park purposes. Hoefer said he feels it will be a valuable asset to the city. Hoefer said during negotiations the historic inventory for this parcel was not discussed. Councilman Markalunas reminded staff that when this park is named, it should be in a historical context named for a person or some historical connection. Councilman Markalunas moved to adopt Resolution #83, Series of 1998; seconded by Councilman Paulson. All in favor, motion carried. Councilman Vickery moved to go into executive session for franchise negations and litigation; seconded by Councilman Vickery. All in favor, motion carried. Council went into executive session at 6:30 p.m. Councilman Vickery moved to come out of executive session at 8:15 p.m.; seconded by Councilman Vickery. All in favor, motion carried. Councilman Markalunas moved to adjourn at 8:15 p.m.; seconded by Councilman Paulson. All in favor, motion carried. 8 Aspen City Council Regular Meeting November 23, 1998 Kathryn S. Koch, City Clerk 9 Aspen City Council Regular Meeting November 23, 1998 OUTSTANDING EMPLOYEE BONUS AWARDS ................................ ............... 1 PROCLAMATION World Cup ................................ ................................ ............... 1 CITIZEN COMMENTS ................................ ................................ .......................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 1 CONSENT CALENDAR ................................ ................................ ........................ 1 Request for Funds - World Cup White Circus ($1500 contingency) ..................... 3 Request for Funds - Roaring Fork Outdoors ($3000 1999 grants budget) ............. 3 Request for Funds - Grassroots TV Fundraising Event ($11,235 general fund balance) ................................ ................................ ................................ ............... 3 Resolution #87, 1998 - Highline Lease - Wheeler Opera House ........................... 3 Resolution #86, 1998 - Building Maintenance Contract Wheeler ......................... 3 Ordinance #47, 1998 - Appropriations ................................ ................................ . 3 Ordinance #49, 1998 - Fee Ordinance ................................ ................................ . 3 Ordinance #48, 1998 - Historic Designation 117 N. 6th ................................ ....... 3 RFRHA Request Railbank Aspen Branch ................................ ............................ 3 Minutes - November 9, 1998 ................................ ................................ ............... 3 APPROVAL OF HOUSING FUNDS FOR PURCHASE OF EXISTING UNITS ... 3 RESOLUTION #84, SERIES OF 1998 - 1999 Budget ................................ ............ 4 RESOLUTION #85, SERIES OF 1998 - 1999 Mill Levy ................................ ........ 5 RESOLUTION #88, SERIES OF 1998 - Castle Creek Condominiums Annexation . 5 ORDINANCE #43, SERIES OF 1998 - Historic Designation 735 W. Bleeker. ....... 6 ORDINANCE #46, SERIES OF 1998 - Smuggler Hunter Trust Subdivision and Rezoning ................................ ................................ ................................ ................. 7 RESOLUTION #83, SERIES OF 1998 - Approve Purchase Contract 0002 William Way ................................ ................................ ................................ ........................ 8 10