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HomeMy WebLinkAboutminutes.council.19990208spen City Council Regular Meeting February 8, 1999 A Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Markalunas and Richards present. OUTSTANDING EMPLOYEE BONUS AWARD Mayor Bennett and Council presented Glenn Schaffer of the police department with an outstanding employee bonus award. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilman Markalunas noted a column in a local newspaper remembering the Isis Theatre. Councilman Markalunas said the column does justice to the Isis, what a community institution and healthy place it was, and encourages everyone to appreciate the Isis. 2. Councilman Vickery said he recently spent time in the housing office and was encouraged by the staff and the new level of professionalism. It is a difficult job with many customers and many needs. Councilman Vickery said Council, the housing board and housing office need to take time to share ideas and to communicate. 3. Councilman Markalunas recognized Aspen’s only centenarian, Margaret Connor. Councilman Markalunas read from Mrs. Connor’s memories in Aspen, The Quiet Years, that Aspen was the best place to live. 4. Councilman Vickery said he is interested in moving along projects like the Ecological Bill of Rights and guidelines for green construction. CONSENT AGENDA Councilman Paulson moved to adopt the consent calendar; seconded by Councilman Markalunas. The consent calendar is: 1 spen City Council Regular Meeting February 8, 1999 A · Resolution #9, 1999 - 1/2 cent Transit Sales and Use Tax Budget · Transportation Funding Requests · Resolution #10 1999 - Raw Water Agreement Mocklin Homeowners · Resolution #11, 1999 - Appointment of Finance Director Tabatha Miller · Resolution #12, 1999 - Authorization to Initiate Securities Transactions · Parking Day Pass Usage by Businesses in Commercial Core · Supplemental Budget Request - AACP Update Completion · Minutes - January 11, 25, 1999 · Request for Funds - $1500 contingency Elk Mountain Grand Traverse All in favor, motion carried. ORDINANCE #2, SERIES OF 1999 - Code Amendment SCI Definitions Chris Bendon, community development department, reminded Council P & Z is concerned about general degradation of the SCI zone and uses in the district that may not be within the original intent of the zone district. The suggested amendments were presented to Council in 1998; a work session was held with P & Z and Council. The ordinance has been revised and one main issue that has not been resolved is architect’s offices in the SCI zone. Another concern with the SCI zone district was the extent of retail; the ordinance allows for 25 percent of the floor area of a business to be devoted to retail use, anything beyond that would be a conditional use. Bendon pointed out a specific provision for affordable housing which would upgrade the FAR. These would allow smaller apartments in the lower categories as a conditional use to maintain the relationship with the adjoining uses. Bendon said another issue is compliance; how to deal with uses that become non-conforming uses or those not allowed in the first place. Bendon reminded Council there was an interpretation made by Council that allowed architects under the definition of artist’s studio. Bendon said all architect’s offices are legal uses. Bendon pointed out some 2 spen City Council Regular Meeting February 8, 1999 A uses have been there longer than the zoning has been there and these uses may not be permitted or conditional uses under the existing or new code. Council’s direction was to allow these uses to remain and not do any enforcement that would cause businesses to vacate the premises. Bendon said there are several options for dealing with architect’s offices; staff’s preference would allow these uses to continue as a non-conforming use and would cap the amount of square footage in the SCI devoted to the use of architect’s offices. Those currently in the SCI would continue to use that space for the rest of their business; they could transfer that business to another user; they could vacate and the owner could lease that space to another architect. Bendon said under the current non-conforming regulations, once a space if vacated for a year, it cannot be reinstated. There would be a natural attrition of that use. This is how all non- conforming uses are treated. Other options are to grandfather a percentage of the zone devoted to architects; do not increase the extent of the impact but allow the use to transfer around. Another option is to allow the use and limit the size of a studio. These two options are more staff intensive and require staff to monitor the zone closely. Bendon told Council he has scheduled a meeting with all SCI users to go these code amendments prior to the public hearing. Vince Gallucio, SCI tenant, said the first options of grandfathering architects and not allow them expansion seems reasonable. Councilman Vickery told Council he has discussed this code amendment with Harry Teague, architect and tenant in the SCI zone. Councilman Vickery said he feels the city should be encouraging the current businesses in the SCI to stay there. There is a design center in this area. Councilman Vickery said his concern about the SCI zone is sustainability; the list of permitted uses is too broad to offer significant protection from outside pressure. Gallucio said allowing uses like architects will increase the rents. Councilman Markalunas noted the memorandum states much of Aspen’s character rests on its being a functioning town. Councilman Markalunas said this is an area of town that has provided service to the community for decades. Councilman Markalunas supports option 1 as recommended by staff. Mayor Bennett quoted from the memorandum, “critical to that feeling of townness is the layering of land uses and the way in which they support and enhance each other. Much of the 3 spen City Council Regular Meeting February 8, 1999 A attention is placed on new growth as the major factor in affecting change, it is also the loss of locally-oriented businesses”. Mayor Bennett said the SCI zone was created over the concern of losing local businesses. Mayor Bennett said vacuum or car repair are more “locally serving businesses” than are architect’s offices. Mayor Bennett said option #1, grandfathering the existing businesses and not allowing addition or expansion of that use, seem to make sense. Mayor Bennett said the architects that are there are a vital part of the community but their market share of the SCI zone should not be allowed to expand. Councilman Paulson said he wants to return to what the zone was originally intended for and he supports option #1. Bendon said this ordinances tries to sort out uses that could be located in other commercial zone districts in town and uses that have no other appropriate location in town. Bendon said there are some off-site impacts that render these types of businesses to the SCI zone district; some businesses have no off-site impacts associated with them and they can locate in other zones. Councilman Vickery said the building by the river is in somewhat a separate category, adjacent to the park and the river, and could be a sub-zone of SCI. Tom McCabe, Aspen Repair, said years ago the city decided to make SCI 9 percent of the commercial zones as it is valuable and should be set aside to preserve a segment of the community. McCabe asked if this is important to the community to maintain. McCabe said the AACP set as a goal to try and keep more local serving businesses in the community. Councilman Vickery said he would like to amend some of the permitted and conditional uses. Mayor Bennett said Council has spent hours in work session with staff and P & Z on this list. Councilman Vickery said he would like “value added” commercial. Bendon said a certain percentage of retail is allowed and a business could manufacture goods and sell them on site as long as the retail component was not overwhelming. Councilman Markalunas said he supports messy vitality and space for the small locally serving business. Councilman Markalunas moved to adopt Ordinance #2, Series of 1999, on first reading amending the ordinance by eliminating item 11 in paragraph b; seconded by Mayor Bennett. Harry Teague, architect, told Council he owns 1200 square feet of space in the SCI zone. The 750 square foot limitation would put his space in conflict with the code. 4 spen City Council Regular Meeting February 8, 1999 A Teague said he also rents more space. Teague said grandfathering uses has to be considered carefully; does it mean the specific people are grandfathered in, the amount of space is grandfathered in, or is it the use. Teague said there are some inappropriate uses that will be allowed in the SCI right next to the river, like automobile repair and dry cleaning. Mayor Bennett noted all 3 of the options presented by staff allow grandfathering of existing uses . None of the options would allow expansion of the total square footage allowed for architect’s uses in the SCI zone. Mayor Bennett said this code amendment is not aimed at limiting traffic, or at uses that are compatible to the river, this is not part of SCI or the core reason that zone was created. The purpose of SCI is to preserve local serving businesses. The city created this zone specifically to keep businesses that locals can use for necessities of life in a small town, including vacuum and car repair. Mayor Bennett said the city is not trying to make architects disappear from the SCI zone but also does not want architects to take over the entire area and then there are no local serving businesses left in town. Mayor Bennett requested for second reading more information on option 2, what happens if someone loses their lease, can they move into another space. If the total square footage devoted to architects, would that make a move all right. Mayor Bennett asked if staff can make option 2 simple for staff to follow and to enforce. Mayor Bennett also asked for a summary of uses in the two buildings along the Rio Grande. Councilman Markalunas said Aspen needs the nuts and bolts businesses to keep town going and there needs to be an area for these businesses. Teague said when he bought his space, it was a residence and asked if he has the right to sell this unit as a residence. Mayor Bennett said residence is not a legal use. Bendon said only affordable housing is allowed in the zone. Mayor Bennett said Council is trying to balance the overall community good and have to look at all uses and sectors of need. Roll call vote: Councilmembers Paulson, yes; Markalunas, yes; Vickery, no; Mayor Bennett, yes. Motion carried. RESOLUTION #13, SERIES OF 1999 - Ballot Questions John Worcester, city attorney, presented 4 proposed ballot questions. These do not need to be finalized until March 8. At the next Council meeting the parks capital 5 spen City Council Regular Meeting February 8, 1999 A improvement plan bond and an franchise extension question will be presented. These questions are being presented early so Council can raise questions. The first question is authorization for an increase in sales tax to purchase Bass Park. Worcester said there are outstanding issues in structuring this question, how much and for how long the sales tax increase should be; how much of the property may be employee housing and whether the open space fund should be reimbursed by the housing day care fund. The second question is extension of the existing .45 affordable housing day care sales tax. The issue here is how long this tax should be extended. It was originally a 10 year tax. The third question is authorization to sell approximately 37 acres of Burlingame ranch for the development of a free market home. The fourth question is seeking authorization to convert part of the golf course property to expand Truscott for more affordable housing. Mayor Bennett said on the Bass Park question, Council and staff were going to form a task force to give some guidance on this issue; how much of the property should be for affordable housing, should it all be a g.o. bond or some payment from the housing fund. Councilman Markalunas said he supports putting this issue on the ballot. Councilman Paulson also supports it and would like the .34 cent sales tax for 3 years and not impact the housing fund financially. Councilman Paulson said he wants housing on less than half of Bass Park, like perhaps 3/8 of the property. Councilman Vickery said he supports mixed use of the property with some housing. The task force may look at whether a free market unit is needed to make the financing work. Councilman Vickery supports asking for the .34 cents sales tax. Councilman Markalunas said he is concerned about putting this question on the ballot along with the extension of the existing .45 cent housing day care tax. Councilman Markalunas noted it needs to be made clear this is extension of an existing tax. Mayor Bennett said he favors a smaller tax, like .16 cents for 3 years and funding the rest of the purchase in another way. Tabatha Miller, finance director, noted the sales tax will be tied to paying off the debt and 3 years is very conservative. Mayor Bennett said he would like some feedback from a task force on this. Mayor Bennett said there should be a statement on why housing is needed on this property in order for the city to afford it. 6 spen City Council Regular Meeting February 8, 1999 A Steve Barwick, assistant city manager, pointed out the current housing day care tax was a 10 year tax. If this were to be a 10 year tax, the expiration date would be 2010. Barwick said a 10 year tax makes it difficult to bond against. Barwick said this question could wait until the November election. Mayor Bennett said he prefers a vote in May as this is a city tax. Council decided it is premature to put the authorization to sell 37 acres of Burlingame Ranch on the May 1999 ballot. This has not gone through the county subdivision process, nor has Council had a chance to look at what the footprint or FAR cap might be. On question number 4, Council suggested a language change from “Aspen Municipal Golf Course” to “Open Space”, also that the property be referred to as “commonly known as the street sweeping area” or something to identify it as separate from the golf course. Council also suggested that the question might have some language stating that the money will go back into the golf course fund. Councilman Markalunas moved to go into executive session to discuss potential litigation at 7:25 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilman Markalunas moved to come out of executive session at 8:03 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilman Markalunas moved to adjourn at 8:05 p.m.; seconded by Councilman Paulson. All in favor, motion carried. OUTSTANDING EMPLOYEE BONUS AWARD ................................ ................. 1 CITIZEN PARTICIPATION ................................ ................................ ................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 1 CONSENT AGENDA ................................ ................................ ............................. 1 Resolution #9, 1999 - 1/2 cent Transit Sales and Use Tax Budget ......................... 2 Transportation Funding Requests ................................ ................................ .......... 2 Resolution #10 1999 - Raw Water Agreement Mocklin Homeowners ................... 2 Resolution #11, 1999 - Appointment of Finance Director Tabatha Miller .............. 2 7 spen City Council Regular Meeting February 8, 1999 A Resolution #12, 1999 - Authorization to Initiate Securities Transactions ............... 2 Parking Day Pass Usage by Businesses in Commercial Core ................................ 2 Supplemental Budget Request - AACP Update Completion ................................ .. 2 Minutes - January 11, 25, 1999 ................................ ................................ ............. 2 Request for Funds - $1500 contingency Elk Mountain Grand Traverse ................. 2 ORDINANCE #2, SERIES OF 1999 - Code Amendment SCI Definitions .............. 2 RESOLUTION #13, SERIES OF 1999 - Ballot Questions ................................ ...... 5 8