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HomeMy WebLinkAboutminutes.council.19921109Regular Meeting Aspen City Council November 9, 1992 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Peters, Pendleton, and Richards present. OUTSTANDING EMPLOYEE BONUS AWARD Mayor Bennett and Council presented Rob Thomson, engineering department, with a plaque and check. Thomas was nominated by all city departments for overseeing the construction of city hall. CITIZEN COMMENTS 1. Robert Babb requested a work session with Council to open up a dialogue with the community concerning alcohol and drug laws and messages sent to the community in the enforcement of these laws. Babb said he is representing members of the business community, high school counsellors, students, Aspen Counselling Center, Youth Center, parents, ASAP. About 12 members of the audience were present to support this request. Mayor Bennett suggested this work session be held after the new Chief of Police is appointed. Babb said it may be appropriate to discuss these issues before a Chief is appointed. Mayor Bennett pointed out the next six weeks are almost totally filled with budget, transportation and the holidays. Councilman Peters agreed he would rather wait until the Chief is appointed. Councilwoman Pendleton said this dialogue will go help to establish exactly what a healthy community is. Councilwoman Pendleton suggested this group find out what the status quo is with the current chief and be able to report that back to Council. Councilwoman Richards said she feels it would be valuable for ASAP to have a work sessions with all the liquor servers in the community. Councilwoman Richards said she feels the communications need to be more face to face than through Council. Councilwoman Richards said she is willing to have a work session with this group but some background work should be done first. Babb said this group will also try and meet with the Commissioners and the Town of Snowmass Village. Councilwoman Pendleton said a venting session is needed to find out where everyone is coming from. Councilman Peters said he does not want to insinuate Council into the hiring process; this is the purview of the city manager and a process has been set up for this. Councilman Peters agreed with a work session next year after the Chief has been hired. Mayor Bennett suggested two Council be appointed to work with this community group. Councilwoman Richards suggested the Liquor Licensing Board convene a meeting with all the retail owners and servers in town and invite the parents and community to attend. Sue said this group is looking for consistent 1 Regular Meeting Aspen City Council November 9, 1992 enforcement of all laws regarding sale of possession of alcohol and drugs; this is not targeted solely at underage children. Mayor Bennett said if this is a meeting to talk about philosophy, it should be a broad community meeting, more than just ASAP and Council. These are large community issues and there is a large segment of the community that may not agree with ASAP. Mayor Bennett said this issue is more than enforcement. Council scheduled this work session for Wednesday, January 13, at 5 p.m., location to be determined. 2. Jim Breasted brought up the lack of plowing of bike paths in town. Mayor Bennett said Council agonized over this during budget; it costs $76,000 and the city did not have the money. Mayor Bennett suggested Breasted meet with staff if he has any ideas about how some of this can be accomplished. Councilwoman Richards pointed out there are some stairs and paths that are very icy and suggested a pail of gravel and shovel with signs that this is a cooperative venture. Councilwoman Richards also suggested neighborhood meeting to see what other ideas there might be. COUNCILMEMBER COMMENTS 1. Mayo r Bennett commended Dallas Everhart and the finance department staff for winning the distinguished budget award. 2. Mayor Bennett recommended Council suspend the rules and add a resolution discussing state amendment #2. Councilman Peters moved to suspend the rules and add Resolution #61, Series of 1992, to the agenda before public hearings; seconded by Councilwoman Pendleton. All in favor, motion carried. 3. Councilwoman Pendleton reported she and Stan Berryman went to a transportation commission statewide hearing last week. There were 11 commissioners and the state engineer at the meeting. Bob Mosten, district engineer for district 7, made a presentation of the highway priorities made at an earlier meeting in Grand Junction. Councilwoman Pendleton reported she outlined the city and county's priori ties for 1993 and 1994 and pleaded with the commission that any extra 1993 funds be used on highway 82. Councilwoman Pendleton said she requested funds from fiscal year 1994 be used on highway 82. Councilwoman Pendleton told Council the transportation commission will be reconvening in December or January to decide whether to reallocate or divert the funding for fiscal year 1994. Councilwom- an Pendleton said it is imperative the city and county make a 2 Regular Meeting Aspen City Council November 9, 1992 presentation and have all 3 political bodies represented at this meeting. Councilwoman Pendleton said there is also the discussion on whether highway 82 should be a national highway system or not. Councilwoman Pendleton said the community should start working on state elected officials for FDA funding and get highway 82 as a federal demonstration project. This may be the best avenue of funds. 4. Councilwoman Pendleton said regarding paid parking and a voucher system, the Council has only had their first presentation. The program is not written in stone, there will be a lot of public hearings. Councilwoman Pendleton requested the citizens "cool it"; the community has to do something about the air quality problems and the transportation problems. There will be sacrifices for everyone and not until after a lot of discussion. 5. Amy Margerum, city manager, reminded Council of their meeting with the Sister Cities committee November 10th at 4 p.m. 6. Amy Margerum, city manager, requested Council change their meeting dates in December from December 14 and 28 to December 7 and 14. Council agreed. 7. Amy Margerum, city manager, noted at the recent work session with RFTA, their 1993 budget did not get discussed. Ms. Margerum suggested this be included in the November 17th budget session when Council is meeting with the BOCC. Council agreed. 8. Amy Margerum, city manager, said the next Roaring Fork Forum meeting is December 10. Several weeks ago Council passed a resolution supporting the transportation oversight committee. The purpose of that committee is a committee of the RFF which will represent the entire valley to coordinate with Harvey Atchison and the Mt. Sopris planning process for the highway 82 corridor. They have requested Council appoint a member to that committee. This name needs to be forwarded to Pitkin County. CONSENT CALENDAR Mayor Bennett requested Resolution #60, Appointment of Japanese Spokesperson, be removed an placed at the end of the agenda. Councilman Peters moved to approve the consent calendar as amended; seconded by Councilwoman Pendleton. The consent calendar is: A . Minutes - October 13, 1992 B . City Hall Meeting Rooms Furniture C . Resolution #59, 1992 - East Water Plant Engineering Contract D . Resolution #58, 1992 - Pitkin Mesa Construction Contract E . Resolution #57, 1992 - Contract Engineering Services 3 Regular Meeting Aspen City Council November 9, 1992 Pitkin Mesa F . Rio Grande Process Subdivision Approval G . Resolution #56, 1992 - IGA Rio Grande H . Resolution #55, 1992 - East Cooper AH PUD Develop ment Plan All in favor, motion carried. LIQUOR LICENSE TRANSFER - Home Plate City Clerk Kathryn Koch reported the application is complete and the applicants are present to answer questions. Councilman Peters moved to transfer the Home Plate beer and wine license to Dean Street Inc.; seconded by Councilwoman Richards. All in favor, motion carried. NEW LIQUOR LICENSE - Mama Marias Councilman Peters moved to table this to November 23, 1992; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #61, SERIES OF 1992 - Amendment #2 Mayor Bennett said the County Commissioners have said they will join Aspen in the opposition to the passage of amendment #2. Councilwoman Richards moved to adopt Resolution #61, Series of 1992; seconded by Councilwoman Pendleton. All in favor, motion carried. Jed Caswall, city attorney, said he is not convinced the city wants to join in a lawsuit. Caswall said he is going to Denver to meet with Denver and Boulder to discuss strategies for the governmental entities involved. Caswall said the 3 cities may have their own lawsuit rather than join in the one brought by individuals. ORDINANCE #57, SERIES OF 1992 - 1000 E. Hopkins Vested Rights Kim Johnson, planning office, reminded Council this ordinance will extend the vested rights for one year from the original approval to June 1995. Originally Council expressed concern that the property needed substantial repairs before they approved the extended vested rights. Ms. Johnson told Council staff inspected the premises in the last 10 days. The repairs are complete. The memorandum details the upgrade to the property. A maintenance agreement contract has been established with local company. Rick Neiley, representing the applicant, told Council the property has received a temporary c/o. There are some issues that have to 4 Regular Meeting Aspen City Council November 9, 1992 be cleared up before a final c/o. The applicants have committed to the creation of a parking plan. Neiley requested the ordinance be amended to create a period effective 4 years from June 10th. The project has been delayed several months, and a large amount of money has been invested in it. Councilman Peters said his inclination is to approve it as written. It would be in the public's interest to grant another extension if applied for next year. A one year extension is appropriate given the history of this project. There should be some performance before the vested rights is extended more. Councilwoman Pendleton agreed she would rather wait and look at another extension next June. Councilwoman Richards agreed. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Pendleton moved to adopt Ordinance #57, Series of 1992, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Richards, yes. Motion carried. ORDINANCE #58, SERIES OF 1992 - Historic Designation 434 W. Smuggler Councilman Peters moved to continue this to January 25, 1993, at the request of the applicant; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #61, SERIES OF 1992 - Historic Designation 529/531 E. Cooper Roxanne Eflin, planning office, recommended adoption of this ordinance. The structure meets all 6 of the landmark designation criteria. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #61, Series of 1992, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Richards, Yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #70, SERIES OF 1992 - Pitkin Mesa Improvement District Amending Ordinance #29, 1992 John Worcester, assistant city attorney, told Council the original ordinance on this improvement district contained a provision that 100 percent of the homeowners had to dedicate the roadway to the 5 Regular Meeting Aspen City Council November 9, 1992 city. One homeowner has indicated they will not sign an easement to the city. The remaining homeowners have asked the city proceed with the district. Worcester noted not all homeowners have signed the easement and the city will hold the contracts approved on the consent agenda until all homeowners have done so. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #70, Series of 1992, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. CITY SHOP MASTER PLAN Roxanne Eflin, planning department, recommended Council endorse the master plan as proposed. Final adoption is scheduled at a P & Z meeting next week. This master plan represents phase one of a multi-phased plan to renovate and develop the parcel to meet the needs of the streets department and also to protect the historic and environmen tally sensitive aspects of the site. When the Blue Ribbon Committee was formed, they studied all the city-owned property and concluded the city shop as the number 1 priority. The Committee determined it was not financially feasible to relocate the shop and that the existing site be studied for expansion and renovation. Council approved a budget to master plan the site. Ms. Eflin told Council a citizen committee was formed to work with staff and the consultant. Jack Reid, streets superintendent, told Council there were meetings to establish goals, criteria and a mission statement. There was a neighborhood meeting, which also included the HPC and members of the Blue Ribbon Committee. Ms. Eflin noted an assessment needs was done. Reid told Council he was skeptical at the outset that this would work; however, the plan was developed based on a needs assessment and a utilitarian outlook. Reid told Council the plan for this building will make it functionally adequate for a long time. Reid said there are some satellite storage issues that need to be addressed over the next several years. Dave Gibson, architect, said the streets department's mission is to conserve resources, to serve the city and citizens, and to operate efficiently. Gibson said after the mission statement was devel- oped, there was a 4 day on-site meeting with employees of water, parks, golf, electric and shop depart ment to create a program. There were needs identified that solutions for are not contained in the plan. This site is for heavy maintenance and heavy equipment. 6 Regular Meeting Aspen City Council November 9, 1992 Gibson said the site presently contains a 3,000 square foot open- air metal building and a 4,000 square foot historic building. This building is being used for maintenance. Gibson said interest ed citizens were invited, by mail, to the presentations. Gibson showed sketches that tried to fit the 1800 square feet of adminis- tra tion, 6000 square foot city shop, heated storage and covered storage, on to the site to see if it works and if it could be expanded in the future. Gibson said the historic building is best used for heated storage; no structural changes will have to be made and it is the right size. The maintenance building with the crane needs to be a large building, and this is best located towards the back of the site to minimize the mass. The covered storage will be located toward the hill and the administration building toward the street. Gibson said the thought was to keep a historic small scale along the street with the most industrial buildings toward the back of the site. Gibson pointed out a future expansion zone. Gibson said if the highway right-of-way is eliminated, there is a 60 foot area that is part of the site and that becomes buildable. Gibson said the circulation pattern is very compact. Gibson told Council comments were incorporated from the citizens; there was a request for no flat roofs, there was a request to break up the facade, a request for fenestration, and to try and minimize the mass of the mainte- nance building, walking and bike paths, more landscaping, less curb cut. The master plan proposes to put the fuel tanks in an above ground vault and to landscape it. Gibson said this evokes a New England mill site and is an up-to-date facility inside. Mayor Bennett said this process has been a great team effort. Mayor Bennett asked about energy efficiency in the design and equipping the building. Reid told Council they will use waste oil heaters, which is used engine oil, to augment the heating system. Councilwoman Pendleton moved to endorse the master plan for the city shop; seconded by Councilwoman Richards. Councilman Peters requested Council consider carrying forward some of the fund balance in the asset management plan for this project. Amy Margerum, city manager, told Council staff will come back with several financing options. All in favor, motion carried. ORDINANCE #72, SERIES OF 1992 - Mocklin Rezoning Councilwoman Richards moved to read Ordinance #72, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. 7 Regular Meeting Aspen City Council November 9, 1992 ORDINANCE #72 (Series of 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM MODERATE-DENSITY RESIDENTIAL (R-15A) TO RESIDENTIAL MULTI-FAMILY (R/MFA), LOCATED AT 0202 LONE PINE ROAD, ASPEN, COLORADO was read by the city clerk Leslie Lamont, planning office, told Council this is a 3.5 acre parcel located on the east side of town. Ms. Lamont pointed out the land use code does not require the submittal of a development plan when rezoning is requested. Any future development or change in future uses would require growth management. Ms. Lamont outlined the parcels; a third parcel is on the south side of Gibson avenue and is zoned R-30/PUD and will remain that. The request for rezoning is for the 2 parcels on the north side of Gibson, which has a two-story building containing 8 apartments. This has been determined to be a legal non-conforming building. Ms. Lamont gave Council the annexation map for the 1989 annexation as well as the surrounding zoning and rezonings that occurred in 1989. Ms. Lamont told Council Mocklin requested a rezoning to RMF in 1989, which was denied. Ms. Lamont told Council the community center has been rezoned to AH. Williams Woods, which is in the county, has been developed as PMH. Ms. Lamont reminded Council the city has been approached about an annexation to the east of Centennial, Williams Ranch. P & Z has recommended approval of the rezoning finding that the rezoning will make this existing non-conformity a non-conforming use on the city. P & Z also found there have been changed conditions in the neighborhood which warrants support of the rezoning, and that the rezoning to RMF/A is compatible with the surrounding neighborhood. Ms. Lamont pointed out the conditions of approval in the memorandum reflect what P & Z wanted forwarded to Council. The conditions of approval in the ordinance have been worded differently. Ms. Lamont said one condition is that the applicant pay sewer service and water tap fees before second reading of the ordinance. Ms. Lamont requested second reading of the ordinance be scheduled January 11, 1993, in order to give the applicant time to work this out with the water department. Councilwoman Richards asked if the community plan addresses whether this is an appropriate site for housing or for recreation. Ms. Lamont said the housing committee identified this for affordable housing and the open space committee identified this for purchase 8 Regular Meeting Aspen City Council November 9, 1992 for open space. The two groups met and the draft community plan recommends this area for purchase of open space. Sunny Vann, representing the applicant, told Council this property was rezoned as a requirement of the 1989 annexation. Mocklin objected to the recommended zone district category. Staff initially recommended both parcels be RMF/A and changed their recommendation at the last minute that this remain R-15A until a specific development plan was submitted for the property. Vann said staff did not object to the concept of RMF/A but wanted to delay until a plan was available. Vann told Council all multi- family parcels within the Hunter Creek annexed area were rezoned to RMF/A with the exception of the Mocklin parcel. Vann told Council the non-conforming status of the building has caused hardships on the applicant. These hardships are not borne by similar parcels in the immediate area. The non-conforming use sections limit the applicants ability to repair the building; he cannot make structural improvements to the building. There is a prohibition against expansion of the building. This requested rezoning is not in conflict with the land use regulations, is consis tent with the adopted comprehensive plan and is compati ble with the surrounding land uses. Vann said this area is predomi- nantly multi-family. Vann said the recommendation of the community plan does recommend this be purchased for open space. Vann pointed out there is nothing in the rezoning which would preclude the city from negotiating for purchase of the property. Vann told Council any future development of this property would be subject to all of the city's land use regulations; it would require subdivision, most likely a growth management application, and perhaps other special reviews. Vann said the annexation of the Hunter Creek area and the rezoning of all other existing multi- family structure to multi-family was a changed condition that triggered the appropriateness of this rezoning. Vann stated the proposed rezoning complies with all existing land use regula tions. Staff and P & Z have supported the RMF zone as appropriate at this location. There is no requirement for a development plan for this property at this point. Councilwoman Richards asked the current allowed density and the density allowed under the requested rezoning. Ms. Lamont said the current density would be a duplex without a subdivision and growth management application, and there could be 7 or 8 lots. In order to tear down the existing building, Mocklin would have to replace 50 percent of the housing units. Ms. Lamont said there could be 42 units before the slope, affordable housing, open space and parking reductions. Vann reiterated the rezoning approves no develop ment of the property at all; it allows someone to apply. The rezoning 9 Regular Meeting Aspen City Council November 9, 1992 would remove the non-conforming status. Councilman Peters said the real issues are compatibility, not non- conformity, and the overall community issues. Councilman Peters said he will support this to public hearing with some reservations. Councilman Peters pointed out there is R-6 across the street in both directions. Councilman Peters said he is hesitant about proceeding with this rezoning in advance of the Aspen Area Comprehensive Plan. Mayor Bennett said he would like to see reasons for this upzoning. Councilwoman Pendleton agreed she would support this as far as a public hearing. Mayor Bennett said the mandate he has heard from the community plan is that they are not interested in a lot of upzoning. Councilwoman Pendleton moved to adopt Ordinance #72, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Peters, yes; Pendleton, yes; Mayor Bennett, no. Motion carried. ORDINANCE #73, SERIES OF 1992 - Ratifying Aspen Mountain Lodge Section M Amendments Councilwoman Pendleton moved to read Ordinance #73, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #73 (Series of 1992) AN ORD INANCE RATIFYING AND APPROVING A SECTION M AMEND MENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION was read by the city clerk Jed Caswall, city attorney, pointed out he prepared a proposed findings and order that reflect Council's hearing of October 26th on the request to extend the c/o date for the hotel and to adjust several other dates. Caswall pointed out a change in the PUD can only be done by ordinance since the PUD was initially adopted by ordinance. Councilman Peters moved to adopt Ordinance #73, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #60, SERIES OF 1992 - Appointment of Japanese Spokesper- son Mayor Bennett requested the title be changed from Spokesperson for Aspen to "Director of the Japan Office of the City of Aspen". 10 Regular Meeting Aspen City Council November 9, 1992 Council agreed. Councilwoman Richards moved to approve Resolution #60, Series of 1992, as amended to "Director of the Japan Office of the City of Aspen"; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilwoman Pendleton moved to adjourn at 7:15 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 11 Regular Meeting Aspen City Council November 9, 1992 OUTSTANDING EMPLOYEE BONUS AWARD 1 ............................... CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 2 ................................ ......... CONSENT CALENDAR 3 ................................ ............... LIQUOR LICENSE TRANSFER - Home Plate 4 ........................... NEW LIQUOR LICENSE - Mama Marias 4 ............................... RESOLUTION #61, SERIES OF 1992 - Amendment #2 4 .................. ORDINANCE #57, SERIES OF 1992 - 1000 E. Hopkins Vested Rights 4 .. ORDINANCE #58, SERIES OF 1992 - Historic Designation 434 W. Smuggler 5 ................................ .................. ORDINANCE #61, SERIES OF 1992 - Historic Designation 529/531 E. Cooper 5 ................................ ................. ORDINANCE #70, SERIES OF 1992 - Pitkin Mesa Improvement District Amending Ordinance #29, 1992 5 ..................... CITY SHOP MASTER PLAN 6 ................................ .......... ORDINANCE #72, SERIES OF 1992 - Mocklin Rezoning 7 ............... ORDINANCE #73, SERIES OF 1992 - Ratifying Aspen Mountain Lodge Section M Amendments 10 ................................ ...... RESOLUTION #60, SERIES OF 1992 - Appointment of Japanese Spokesper son 1 0 ................................ .............. 12