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Home My WebLink Aboutminutes.council.19990111spen City Council Regular Meeting January 11, 1999 A Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Markalunas, Vickery and Richards present. CITIZEN PARTICIPATION 1. Sean Sunkel, Grassroots TV, thanked Council for their support of Roots Jam ‘99. This event was an overwhelming success with over 50 companies donating to the event. Sunkel said it was a ton of fun and a great community event. Sunkel said he hopes to make this an annual event. 2. Bill Stirling told Council the property being known as Bass Park is listed for sale for $3.5 million. The property is in the office zone. The appraisal analyzes all the various permitted and conditional uses, as well as what could be done with a lot split exemption. Bill Stirling said the city has made offers on this property since at least 1982. Stirling urged Council to get into a dialog with the seller if they are interested in keeping Bass Park a park. COUNCILMEMBER COMMENTS 1. Councilman Markalunas noted the Aspen Times in 1949 predicted a banner year for Aspen with the advent of skiing. Councilman Markalunas noted this year, 1999, marks the 50th anniversary of the rebirth of Aspen and suggested the year be marked with a renewal of the Aspen Spirit as epitomized by the Paepckes. 2. Councilman Vickery said the business s ustainability component of the AACP did not get adequate participation from the business community. Councilman Vickery appealed to the business community to come forward and participate in the development of the business sustainability part of the AACP. 3. City Manager Amy Margerum told Council the Aspen School Board would like to have a joint meeting with Council and the BOCC to talk about traffic, Moore development and future housing requirements. Council said they would schedule work sessions at the end of the meeting. CONSENT CALENDAR 1 spen City Council Regular Meeting January 11, 1999 A Councilman Paulson moved to adopt the consent calendar; seconded by Councilman Markalunas. The consent calendar is: · Resolution #1, 1999 - Posting Notices of Public Meetings · Resolution #2, 1999 - 1999 1/2 Cent Sales & Use Tax Budget · Resolution #3, 1999 - Contract - Ajax Electric - Lighting Remodel Yellow Brick · Resolution #4, 1999 - Contract Power Motive Corporation Pothole Patcher · Minutes - December 7, 14, 1998 All in favor, motion carried. ORDINANCE #44, SERIES OF 1998 - Code Amendment - Historic Preservation Procedures Amy Guthrie, community development department, told Council between first reading in October and this hearing, staff sent public notice to all property owners affected by this amendment. The code amendment affects 87 properties that are listed on the historic inventory but not landmarked. Currently these 87 properties have a one-step HPC review, but no public hearing. This issue has been discussed both in the 1993 AACP and the current historic component of the AACP. Ms. Guthrie told Council this code amendment has 3 goals; require public notice of any development; provide sufficient protection of these properties by allowing HPC to provide better review standards; improve the process by bringing the process to HPC at the earliest stage. Ms. Guthrie told Council P & Z is concerned about non-conforming structures. If a building is over the allowed floor area, an owner may demolish the building and rebuild within a year and not conform with the Code. P & Z asked Council to direct staff to look at this issue. Ms. Guthrie noted the code has been amended to increase the time that Council has to call up an HPC decision. This has been increased to 30 days. 2 spen City Council Regular Meeting January 11, 1999 A Staff will put a notice of approval of partial or total demolition in Council’s mailboxes and at that time Council will have 30 days to consider HPC’s decision. John Worcester, city attorney, said if Council calls up an HPC decision within the 30 days, no building permit can issue until Council makes a decision. Council does not have to act within the initial 30 days but has an additional 30 days in which to make that decision. Ms. Guthrie told Council staff will be working on redoing the HPC inventory; each property will be photographed; each property will be reviewed by HPC, P & Z and Council. Mayor Bennett opened the public hearing. Dave Stapleton said he is confused about what this code amendment means, what will be designated historic, how the determination will be made, who will make the determination, will the owners have any say. Ms. Guthrie said this ordinance does not affect any specific property. Mayor Bennett noted this ordinance removes the distinction between landmark and non-landmarked properties; it is a process change. Bill Lane said he feels it important to historic preservation to consider the people who lived in structures as well as the architectural importance. Mayor Bennett said this, too, is now being taken into account. Bill Stirling said the purpose of historic preservation is to preserve forever the Victorian architecture in Aspen and to maintain the village scale of the town. Stirling said it does make it more onerous to be an owner of a Victorian structure than anything else in town. Stirling said Council should subject every lot in the historic townsite to review. The village scale is threatened by huge houses that do not get any review other than the building permit process. Stirling suggested Council consider increasing the incentives to historic property owners; the $2,000 historic grant has not been increased for years. Aspen’s historical legacy sets Aspen apart from many other resort communities. The city should look at all the incentives in order to encourage people to own and keep up Victorians. Councilwoman Richards suggested HPC look at these suggestions. There have been conflicting goals, like increased floor area ratio for historic projects. 3 spen City Council Regular Meeting January 11, 1999 A Scott Hicks said the city should be going in the direction of efficiency and faster process rather than adding more burdensome requirements. Hicks said maintaining the historic character of the town should be the responsibility of the city and not all on the property owners. Mayor Bennett said a good issue is protecting the historic heritage while not burying property owners in regulations. Mayor Bennett closed the public hearing. Councilman Markalunas moved to adopt Ordinance #44, Series of 1998, on second reading amending the ordinance with a language change to include expeditious notice to Council on demolitions to give Council two meetings in order to consider a call up of HPC’s decision; seconded by Councilman Vickery. Councilman Vickery said he is most interested in properties that are not on the inventory and that qualify to be on the inventory. Councilman Vickery said he would like to see the function of the HPC made more authoritative, more defensible, and that the HPC function better with increased level of service to the community. Councilman Paulson said he would like to see more effort to notify Council of HPC approved demolition than just a note in Council boxes. Amy Margerum, city manager, suggested if Council members are going to be out of town for any length of time, they notify the manager’s office on issues about which they may want to be notified. Councilwoman Richards said it should be up to Council members to let the manager know how they could be reached. Councilman Vickery suggested staff look at areas immediately adjacent to the city and to areas that have just been annexed to see if there are potential historic buildings that may be affected in the future. Councilwoman Richards said this code amendment may break down a perceived barrier to having one’s property landmarked. Worcester read the language as amended, page 35 (a) “within 3 days of HPC decision notice of the HP decision will be provided to Council in the form of a proposed resolution”. Paragraph (b) will be changed, “within 30 days after the date Council decides to call up a decision or an appeal is filed, the Council shall hold a public hearing after publishing notice”. Worcester noted 4 spen City Council Regular Meeting January 11, 1999 A it is in the interest of an applicant to make sure Council is notified because they will not get the development approval until after the 30 days. Councilman Vickery said he would like staff look into a code amendment about rebuilding a demolished structure to the current standards, not what size the building was. Council agreed they would like this added to the community development work program. Roll call vote: Councilmembers Markalunas, yes; Richards, yes; Paulson, yes; Vickery, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #53, SERIES OF 1998 - Iselin/Rotary Park Annexation John Worcester, city attorney, told Council this is the final step in annexation city-owned property. There have been two resolutions passed; notices mailed to the County and School District and the resolution published in the paper. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked if staff has a idea what this will be zoned. Jeff Woods, parks director, said this will be zoned park and open space. Councilman Vickery moved to adopt Ordinance #53, Series of 1998, on second reading; seconded by Councilwoman Richards. Roll call vote: Councilmembers Paulson, yes; Richards, yes; Markalunas, yes; Vickery, yes; Mayor Bennett , yes. Motion carried. Councilwoman Richards moved to adjourn for 10 minutes at 6:20 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. ASPEN PUBLIC FACILITIES MEETING John Bennett, president, called the meeting to order with members Rachel Richards, Terry Paulson, Jake Vickery, Jim Markalunas, Kathryn Koch and Tabatha Miller present. 5 spen City Council Regular Meeting January 11, 1999 A Ms. Richards moved to approve the minutes of the last annual meeting, January 12, 1998; seconded by Markalunas. All in favor, motion carried. There was no further business brought before the Committee. Markalunas moved to adjourn at 6:25 p.m.; seconded by Vickery. All in favor, motion carried. Mayor Bennett reconvened the Council meeting. Councilwoman Richards moved to go into executive session at 6:25 p.m. for the purpose of discussing real property acquisition and negotiations; seconded by Councilman Markalunas. All in favor, with the exception of Councilman Paulson. Motion carried. Councilwoman Richards moved to come out of executive session at 8:25 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas moved to adjourn at 8:25 p.m; seconded by Councilman Vickery . All in favor, motion carried. Kathryn S. Koch, City Clerk 6 spen City Council Regular Meeting January 11, 1999 A CITIZEN PARTICIPATION ................................ ................................ ......... 1 COUNCILMEMBER COMMENTS ................................ ............................. 1 CONSENT CALENDAR ................................ ................................ .............. 1 Resolution #1, 1999 - Posting Notices of Public Meetings .......................... 2 Resolution #2, 1999 - 1999 1/2 Cent Sales & Use Tax Budget ................... 2 Resolution #3, 1999 - Contract - Ajax Electric - Lighting Remodel Yellow Brick ................................ ................................ ................................ .......... 2 Resolution #4, 1999 - Contract Power Motive Corporation Pothole Patcher 2 Minutes - December 7, 14, 1998 ................................ ................................ . 2 ORDINANCE #44, SERIES OF 1998 - Code Amendment - Historic Preservation Procedures ................................ ................................ ................ 2 ORDINANCE #53, SERIES OF 1998 - Iselin/Rotary Park Annexation ......... 5 ASPEN PUBLIC FACILITIES MEETING ................................ ................... 5 7