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Home My WebLink Aboutminutes.council.19981109Aspen City Council Regular Meeting November 9, 1998 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Richards, Markalunas and Vickery present. ENVIRONMENTAL HEALTH DEPARTMENT “TURKEY TALK” Jannette Whitcomb, environmental health department, told Council their department is joining Clark’s and City Markets to educate the consumers on food safety associated with cooking poultry. The environmental health department is giving out meat thermometers as well as safety tips. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilwoman Richards noted the change in date for the AACP community meeting to December 10 at the Aspen Youth Center. 2. Councilman Markalunas said the driving conditions are hazardous and all citizens should drive with extreme care. Councilman Markalunas said when people hear street equipment, they should go out and move their car to make plowing easier for the streets personnel. 3. Amy Margerum, city manager, said Council needs to reschedule the budget wrap up and the EOTC meetings. Council said they will do this at the end of the meeting. CONSENT CALENDAR Councilwoman Richards moved to read Ordinance #46, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #46 (Series of 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SMUGGLER HUNTER TRUST SUBDIVISION AND REZONING OF LOT #2 1 Aspen City Council Regular Meeting November 9, 1998 OF THE SMUGGLER HUNTER TRUST SUBDIVISION TO THE PARK (P) ZONE DISTRICT, 2 WILLIAMS WAY, CITY OF ASPEN, PITKIN COUNTY, COLORADO was read by the city clerk Councilman Markalunas removed Resolution #81, Meadows Trustee Street Name from the consent calendar. Councilman Vickery removed Resolution #83, Approving Purchase Contract 0002 Williams Way from the consent calendar. City Manager Amy Margerum requested Council add Wheeler Opera House Mission statement to the consent calendar. Councilman Vickery moved to add the Wheeler Opera House Mission Statement to the consent calendar; seconded by Councilman Markalunas. All in favor, motion carried. Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Vickery. The consent calendar is: · Ordinance #46, 1998 - Smuggler Hunter Trust Subdivision & Rezoning · Resolution #79, 1998 - MAA Banners · Resolution #80, 1998 - Snyder Project Street Name (Kathryn’s Way) · Resolution #82, 1998 - Supplemental 1/2 Sales Tax Expenditure · Minutes - September 3, October 26, 1998 · Mission Statement - Wheeler Opera House Roll call vote; Councilmembers Markalunas, yes; Vickery, yes; Richards, yes; Mayor Bennett, aye. Motion carried. RESOLUTION #81, 1998 - Meadows Trustee Street Name Mayor Bennett left the room due to a conflict of interest. Councilman Markalunas objected to “Meadows Trustee” as a street name because it does not have a historical context, nor is it named after a person. Councilman Markalunas suggested when the city is naming streets, they consult with the Historical Society. 2 Aspen City Council Regular Meeting November 9, 1998 John Sarpa, representing the Meadows Trustee Townhomes, told Council when the property changed hands, everyone thought the street was “Meadows Road”. It was changed by the property owners to “Meadows Trustee” in 1995. This name is on everyone’s property records and filed with the post office. It would be a hardship to change it again. Council agreed in the future the city should refer change of street names to the city’s historical preservation officer or to the historical society. Councilman Vickery moved to adopt Resolution #81, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas said he would like to see some criteria for designating street names in the future. ORDINANCE #39, SERIES OF 1998 - Tipple Lodge Subdivision Exemption Mitch Haas, community development department, told Council he worked with the applicant to make changes since Council’s last. The units will still be retained as lodge units for short term rental, “short term” defined as less than six months in duration. Condition (b) includes the kitchen in lodge room provisions of the code. Condition (c) allows the owners to manage or to authorize a representative to manage their units. The city attorney has gone over the language and it meets with his satisfaction. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Mayor Bennett said these changes address his concerns from the last meeting. Councilwoman Richards moved to adopt Ordinance #39, Series of 1998, on second reading as amended; seconded by Councilman Markalunas. Roll call vote; Councilmembers Vickery, yes; Markalunas, yes; Richards, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #71, SERIES OF 1998 - Burlingame Annexation John Worcester, city attorney, reminded Council at the public hearing September 28th, staff went through findings necessary for this annexation step. 3 Aspen City Council Regular Meeting November 9, 1998 Mayor Bennett re-opened the public hearing. Jim Curtis told Council some adjacent property owners have expressed concern about placing the court before the house and that no other actions take place before the work session on the Burlingame project December 1. Amy Margerum, city manager, said the county also requested Council not make any final decision until after that joint work session. This action only finds that the annexation meets the legal requirements. Mayor Bennett closed the public hearing. Councilman Markalunas moved to adopt Resolution #71, Series of 1998; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #72, SERIES OF 1998 - Iselin and Rotary Park Annexation John Worcester, city attorney, showed Council a map of the areas proposed to be annexed. City Clerk Kathryn Koch reported that the public hearing has been published and that letters were sent to the county and school district. The property is at least one/sixth contiguous. The property has not been divided into separate parcels for the purpose of annexation and the annexation will not take away any land from the school district. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Resolution #72, Series of 1998; seconded by Councilman Vickery. All in favor, motion carried. THIRD QUARTER FINANCIAL REPORT Tabatha Miller, finance department, noted this report include a $426,492 refund from the city’s insurance company as reductions in actual rates from past years. Staff is suggesting half this amount be used for departmental projects at the discretion of the city manager and the other half be available in the general fund for Council. The report also include $61,500 for additional Water Place housing 4 Aspen City Council Regular Meeting November 9, 1998 expenses. Steve Barwick, assistant city manager, told Council the Water Place housing project was over budget by 1.5 percent. The project had a razor thin contingency of 1.5 percent. More money was spent on the project like tree mitigation to make it a high quality project. Councilman Markalunas complimented the good management of the project. Councilman Vickery agreed this was exemplary project management to come in just $61,000 over budget. Council said the entire staff deserves commendation. Ms. Miller noted the city also received $40,000 refund from worker’s compensation. Staff suggests that half of this go to the general fund for Council projects and $20,000 be given to employees as recognition of their efforts. Councilwoman Richards said she would like to see the additional department projects proposed out of the $210,000. Ms. Miller said the overall financial picture is better than at the beginning of the year. Every fund will be in a good position. Councilwoman Richards said she would like the monthly financial statements to show the RETT income. Ms. Miller told Council staff has just entered into a contract with a company that specializes in sales tax audits and will be entering into that process soon. Councilman Markalunas moved to approve third quarter financial statements; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #83, 1998 - Approving Purchase Contract 0002 Williams Way Councilwoman Richards said this property was purchased by Pitkin County in order to build Williams Woods affordable housing project. Originally, the County thought they could get access through Hunter Creek, but that did not happen and the County bought this land and house. The County made a commitment to Hunter Creek that they would provide open space for this area. The portion of property the city is buying is deeded open space; however, it is private open space. The county traded this parcel to the Aleys in exchange for a parcel on Smuggler mountain. The Aleys are interested in selling the open space portion of the parcel to the city to create a public park. Amy Margerum, city manager, pointed out in the deed this is described as a “passive park” to be used by small children and families and will be equipped with picnic tables and play equipment. During the 10 years no basketball, skateboarding or volleyball will occur. Maxwell Aley noted the new contract negotiated with the 5 Aspen City Council Regular Meeting November 9, 1998 city does not have any parking spaces reserved by the owner, which makes it a better contract for the city. Councilman Vickery asked the remaining development potential. Ms. Margerum said this deal does not add or subtract any development potential to the lot. Aley said this deal reduces the FAR for multi-family housing. Councilwoman Richards noted the open space negotiated by the county did not preclude using that portion for FAR for the other lot. The parcel total size would have been counted for FAR. Under this contract, the city is purchasing the land for open space and it cannot be used for FAR. Councilman Marklaunas said this house does have historical significance and it is not on the historic inventory. Councilwoman Richards moved to adopt Ordinance #83, Series of 1998, approving a purchase contract for 0002 Williams Way; seconded by Councilman Markalunas. Julie Ann Woods, community development director, told Council there is an easement included to allow lot 1 to continue to be 27,000 square feet for development purposes. Councilman Vickery said he does not have a problem buying open space but is concerned about what happens to the rest of the property. Councilman Marklaunas said he would like to see the historical aspect of the house on lot 1 protected. Councilman Markalunas disclosed this house was his grandfather’s. Councilman Vickery agreed and said he would like to make placing this on the inventory part of the contract. Aley said the house is made up of a structure from the 1890’s, a house moved there and a modern part connecting the two structures. City Attorney Worcester suggested this be tabled and brought back coincidental with second reading of Ordinance #46, which subdivides and rezones the property. Councilwoman Richards withdrew her motion; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Vickery moved to continue Resolution #83, Series of 1998; seconded by Councilwoman Richards. All in favor, Councilman Markalunas abstained. Motion carried. Councilman Vickery said he would like a report from the city’s historic preservation officer on this structure. Councilman Vickery said he would also like to know the FAR on lot 1. 6 Aspen City Council Regular Meeting November 9, 1998 Councilwoman Richards moved to adjourn at 6:20 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Kathryn S. Koch, City Clerk 7 Aspen City Council Regular Meeting November 9, 1998 ENVIRONMENTAL HEALTH DEPARTMENT “TURKEY TALK” .................... 1 CITIZEN COMMENTS ................................ ................................ .......................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 1 CONSENT CALENDAR ................................ ................................ ........................ 1 Ordinance #46, 1998 - Smuggler Hunter Trust Subdivision & Rezoning .............. 2 Resolution #79, 1998 - MAA Banners ................................ ................................ . 2 Resolution #80, 1998 - Snyder Project Street Name (Kathryn’s Way) ................. 2 Resolution #82, 1998 - Supplemental 1/2 Sales Tax Expenditure ......................... 2 Minutes - September 3, October 26, 1998 ................................ ........................... 2 Mission Statement - Wheeler Opera House ................................ .......................... 2 RESOLUTION #81, 1998 - Meadows Trustee Street Name ................................ .... 2 ORDINANCE #39, SERIES OF 1998 - Tipple Lodge Subdivision Exemption ........ 3 RESOLUTION #71, SERIES OF 1998 - Burlingame Annexation ............................ 3 RESOLUTION #72, SERIES OF 1998 - Iselin and Rotary Park Annexation ........... 4 THIRD QUARTER FINANCIAL REPORT ................................ ........................... 4 RESOLUTION #83, 1998 - Approving Purchase Contract 0002 Williams Way ...... 5 8