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HomeMy WebLinkAboutminutes.council.19931025Regular Meeting Aspen City Council October 25, 1993 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Waggaman, Paulson and Richards present. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilwoman Richards reminded everyone if they have not received their mail ballot, to pick a ballot up at the office of the Pitkin County Clerk. 2. Amy Margerum, city manager, told Council replacement of the City hall roof was originally scheduled for this year. The bids came in way too high and this project is postponed until 1994. 3. Councilwoman Waggaman moved to add a discussion of the Early Learning Center to the agenda as VIII(e); seconded by Councilwoman Richards. All in favor, motion carried. 4. Amy Margerum, city manager, pointed out minor changes to both the intergovernmental agreement with Pitkin County and Snowmass on transportation and Ordinance #55. 5. Amy Margerum, city manager, told Council last week the streets department was flushing the streets. The temperature dropped at dawn and the streets that were shaded froze. This contributed to 3 or 4 minor accidents. The city apologizes for any inconvenience to pedestrians, bicyclists and drivers. 6. Amy Margerum, ci ty manager, told Council the consultants working on the data processing plan will be here to outline their findings. The meeting is scheduled for November 16 at 4 p.m.; staff and the County Commissioners are also invited. 7. Amy Margerum, city manager, s uggested a joint meeting with the County Commissioners to finalize negotiations on the snow dump site. This is scheduled for November 1 at 1 p.m. right after Council's brown bag lunch. 8. Amy Margerum, city manager, asked Council if they want to change their December Council meetings. Council decided to have their meetings December 6 and 13th. 9. Amy Margerum, city manager, announced the HOV lane on Main street will begin November 3. Staff wants a chance to work the kinks out before ski season. Ms. Margerum said the short-time parking meters will also be installed before this ski season. 1 Regular Meeting Aspen City Council October 25, 1993 Staff is working with the Chamber, CCLC and is sending a letter to the downtown businesses about these meters. Mayor Bennett asked if the color and design have been reviewed by HPC, CCLC or Council. Randy Ready, transportation director, said there are not that many choices on short-time meters. Ready said he will show Council the design choices. Councilwoman Richards suggested that those vehicles that qualify for the HOV lane have a fluorescent window sticker to make it easier for the police to identify. 10. Amy Margerum, city manager, told Council the city Christmas party is December 17 at the Ritz. Since this party is joint with the county, the city will have a separate party for service awards to employees. Council scheduled the service award party for December 7 at 4 p.m. at the Wheeler Opera House. 11. Amy Margerum, city manager, said there have been discussions about the liquid de-icer the city uses on the streets and whether it is harmful to the environment. The city is asking the state water quality control division to do some testing and give the city their opinion. Si Coleman pointed out the city should mention that this is used in freeze/thaw cycles which may exacerbate the build up. 12. Amy Margerum, city manager, pointed out staff has circulated a draft management agreement for the Red Brick School. Council should notify her office if there are concerns. Councilwoman Richards moved to withdraw from the agenda Ordinance #78, 1992, 320 W. Main condominiumization and to table to November 8 Ordinance #54, 1993 - Aspen Ski Company Buttermilk Water Service Agreement; seconded by Councilwoman Waggaman. All in favor, motion carried. CONSENT CALENDAR Councilwoman Richards moved to approve the consent calendar; seconded by Councilwoman Waggaman. The consent calendar is: A . Minutes - October 12, 1993 B . Resolution #77, 1993 - Pitkin County/Snowmass/Aspen Transportation IGA C . Resolution #76, 1993 - Contract - Red Brick School Roof D . Resolution #75, 1993 - Lease; Buttermilk Intercept Lot All in favor, motion carried. ORDINANCE #52, SERIES OF 1993 - Gordon/Callahan Vested Rights Leslie Lamont, planning office, said the applicants are requesting 2 Regular Meeting Aspen City Council October 25, 1993 to permanently vest their allowable floor area for the single family home at 8500 square feet. Ms. Lamont told Council staff has worked hard to obtain a trail easement on this property and to get a new bridge location to get to the trail. The applicant amended their PUD from 4 single family lots to 1 single family lot, and also rezoned the property RR. Ms. Lamont pointed out RR does not provide a floor area cap. The applicants have voluntarily capped the allowable floor area at 8500 square feet. As a quid pro quo, they are asking for permanent vesting. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Paulson said in an age of diminishing resources, the city might consider introduce information about diminishing resources and building large houses that sit empty much of the time. Councilman Paulson suggested this might be included in the energy codes. Mayor Bennett recommended the staff and Council review the energy codes. Councilwoman Waggaman suggested a maximum energy one can use in a building rather than limiting the size of the building. Council agreed to look at this in the future with the adoption of the energy code. Councilwoman Waggaman moved to adopt Ordinance #52, Series of 1993, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #49, SERIES OF 1993 - Kastelic PUD/Subdivision Leslie Lamont, planning office, reminded Council second reading was continued so that staff could work with the applicant on some conditions. Ms. Lamont said this has been worked out. Ms. Lamont made further changes, condition #3, "If the existing residential structure on Lot 1 is damaged or destroyed in whole or in part, any reconstruction shall occur under the applicable provisions of the Municipal Code". Condition #4 addition, "At the time of stream margin review application, the applicant may request to vary the building envelopes depending on then existing site condition. This language shall be reflected on the final plat". Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Doug Allen, representing the Estate, submitted a letter to the record stating their objection to the trail easement on the property. This objection has been constant through the process. Councilwoman Richards moved to adopt Ordinance #49, Series of 1993, 3 Regular Meeting Aspen City Council October 25, 1993 on second reading as amended in conditions 3 and 11; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #55, SERIES OF 1993 - City Reorganization Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #55, Series of 1993, on second reading and to appoint Steve Barwick as Assistant City Manager; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. AFFORDABLE HOUSING ZONE POLICY Tom Baker, housing director, told Council the Housing Board is happy with the AH zone. There are 9 different AH projects with 3 of these public, in the process. Baker said there are some recommen dations from the Board for the AH zone. The Housing Board recommends some waivers in water tap fee. This is a complex issue with implications to the city's budget and the future growth rate. One suggestion is to reduce the water tap fee for all non-mitiga- tion affordable housing whether it is 100 percent affordable housing or an AH zone. Another suggestion is to have a sliding scale for reduction of water tap fees based on category of housing. Baker said communication with the developer is complex and the board suggested a pre-meeting with staff for AH projects. Baker said AH zone projects should be given priority in the building permit process both the free market and AH portions. Baker recommended when AH projects are on P & Z and Council agenda, they be given the first time slots. Baker said there are other recommendations that will be addressed through the land use code and with resident occupied units. Amy Margerum, city manager, agreed the staff is not ready to address the exact formula for waiver of tap fees. Councilwoman Waggaman suggested staff contact developers to find out what incentives would induce them to build AH units. Council agreed to consider all non-mitigation affordable housing for tap fee waivers. Council also agreed with the building department review priority. Council requested more information before the percentage reduction for tap fees waivers is determined. Ms. Margerum recommended these tap fee waivers be retroactive in order to give staff more time to develop the formula. Council agreed. ORDINANCE #56, SERIES OF 1993 - Historic Designation 834 W. Hallam 4 Regular Meeting Aspen City Council October 25, 1993 Councilwoman Richards moved to read Ordinance #56, Series of 1993; seconded by Councilman Paulson. All in favor, motion carried. 5 Regular Meeting Aspen City Council October 25, 1993 ORDINANCE #56 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 834 W. HALLAM STREET, LOTS K AND L, BLOCK 10, HALLAM'S ADDITION, CITY OF ASPEN, AS "H", HISTORIC LANDMARK PURSUANT TO SECTION 24-7-703 OF THE MUNICIPAL CODE was read by the city clerk Councilwoman Richards moved to adopt Ordinance #56, Series of 1993, on first reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #57, SERIES OF 1993 - Oxley Lot Split & GMQS Exemption Councilwoman Richards moved to read Ordinance #57, Series of 1993; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #57 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING SUBDIVISION EXEMPTION, GMQS EXEMPTION APPROVAL AND VESTED RIGHTS FOR THE OXLEY LOT SPLIT (EAST ONE-HALF OF LOT B, LOTS C, D, E, AND F, BLOCK 21, ORIGINAL ASPEN TOWNSITE) was read by the city clerk Mary Lackner, planning office, told Council this is located at 617 W. Smuggler and the request is to create 2 parcels. One parcel is vacant. Staff recommends approval. Sunny Vann, representing the applicant, said the conditions are acceptable as drafted. There may be more conditions added for second reading. Councilwoman Richards moved to adopt Ordinance #57, Series of 1993, on first reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #58, SERIES OF 1993 - Reschedule Deadline for Of- fice/Commercial GMP Competition Deadline Councilwoman Waggaman moved to read Ordinance #58, Series of 1993; seconded by Councilwoman Richards. All in favor, motion carried. 6 Regular Meeting Aspen City Council October 25, 1993 ORDINANCE #58 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE GROWTH MANAGEMENT DEADLINE FOR COMPETITION IN THE NEIGHBORHOOD COMMERCIAL (NC), COMMERCIAL LODGE (CL) AND SERVICE/COMMERCIAL/INDUSTRIAL (SCI) ZONE DISTRICTS TO CHANGE THE DATE FROM NOVEMBER 15 TO DECEMBER 31 FOR 1993 COMPETITION ONLY was read by the city clerk Leslie Lamont, planning office, reminded Council earlier it became evidence that if the superblock were to compete in the 1993 GMP competition, the deadline date needed to be moved. Council approved moving the date to November 15. Staff is recommending the deadline be extended to December 31 as the proponents of the superblock were unable to hire planning consultants on such short notice. This deadline will keep the competition within 1993. There is no known competition in this category. Mayor Bennett pointed out the superblock is a proposal of wide community importance which is why Council is entertaining this extension. Councilwoman Waggaman said the city will be better able to develop the affordable housing on the Kraut property if it is known what is happening with the superblock. Si Coleman said he does not feel a project of this importance should be rushed. It should not receive special treatment and prejudice the general public. Ms. Lamont said this will still go through an extensive planning and public review. A specially planned overlay is a 4 step review process. Ms. Lamont told Council the GMP application is only for the net leasable commercial square footage; it will not include the garage. Mayor Bennett said the superblock is part of the community plan, which started 3 years ago. Councilman Paulson said he feels the intercept lot should be in place before Council looks at a parking garage. Councilman Paulson said he is concerned about delaying the GMQS deadline. Councilwoman Waggaman moved to adopt Ordinance #58, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Paulson, no; Richards, yes; Mayor Bennett, yes. Motion carried. EARLY LEARNING CENTER ROOF Cindy Wilson, assistant city manager, said Councilmembers Richards and Reno attended a meeting about the ELC last week. The ELC takes up about 33 percent of the space in the yellow brick school. The current plan is that the ELC is responsible for the maintenance and operation of the entire building, which has put a strain on the 7 Regular Meeting Aspen City Council October 25, 1993 ELC's budget. Because of the zoning requirements, the ELC is restricted in getting tenants. They are trying to find tenants for the building. Ms. Wilson said one issue that came up in the meeting about the ELC was a waiver on the tap fee the school board owes the city in return for repair of the roof at the yellow brick school. Ms. Wilson told Council the Child Care Advisory Committee is in the process of reviewing all the grant requests from all child care organizations. The ELC has a grant in the process; however, it does not address the roof at all. Councilwoman Richards said there were assumptions going into the ELC on numbers of students and tuition. The attendance is about 30 percent less than projected. Councilwoman Richards said her suggestion about trading the roof repair for the water tap fee was an attempt to get this project moving and the various parties all taking responsibility. Council- woman Richards said other issues are the split in the tax money between day care and housing; questioning whether money should be put in a 10 year trust when there are problems now. Ms. Wilson said the school board has been operating on the assumption that the ELC would fill the whole building. The school board offered the ELC a ten-year lease, which the ELC Board decided not to sign. The ELC Board has been trying to negotiate with the School Board for the last 2 years on the issue of capital repair and replacement. When the ELC realized they were not going to fill the whole space, they knew they had financial concerns. The School Board feels the ELC should be responsible for the entire building. David Laughren, ELC Board, told Council the School Board does not have an answer as to their commitment for the building. There is another meeting between the ELC, School Board and city representa- tives. The School Board has said they would be happy to see the ELC in the yellow brick building for 10 years with a 10 year option; however, the School Board does not feel they have the funds available to support the ELC. The School Board feels they have done as much as they can by giving up the yellow brick building to the ELC. Laughren said it may be easier to get tenants for the yellow brick school with a new roof and a lease. Several potential tenants have declined because they are worried about the instabili- ty of the situation at the yellow brick school. Laughren pointed out all the uses have to be education oriented. Laughren said besides the roof the yellow brick building is structurally sound. Laughren said the yellow brick building could support itself if they could get tenants to fit the uses. Mayor Bennett suggested looking at rezoning this building to public so that there could be more potential users. Laughren said he is sure there are uses for this building that would not disturb the 8 Regular Meeting Aspen City Council October 25, 1993 neighborhood. Laughren said the ELC spent $9,000 on a rezoning application to narrow this to a child care center earlier this year. Amy Margerum, city manager, said the school district wants to maintain the zoning at R-6; they are hesitant to rezone it to public because it would limit the resale. Councilwoman Richards said trading the water tap fee for the roof would be a way to use a community resource to support community goals on site of the yellow brick school. Councilwoman Richards suggested the balance of the water tap fee might go into a long term capital fund for the yellow brick building. Councilwoman Richards said she feels that a message from the voters on amendment 1 was to begin to share resources between governments and to find ways to make things work. Councilwoman Richards said one condition of a tap fee waiver is a long term lease for the ELC. Mayor Bennett said he is not inclined to waive the entire water tap fee but would waive 50 percent of it and have the school put up half of the roof repair. Mayor Bennett said the school should sign a water service agreement. The tap fee waiver should be tied to a signed 10 year lease between the school district and the ELC. The lease should include definition of future responsibility for boiler and structural repairs. Mayor Bennett said this property ought to be rezoned to public, which is what the use has been for the last 30 years. Amy Margerum, city manager, said the city has just approved a contract to have the roof on the red brick school fixed. The contractor has said he can do both projects. Ms. Wilson suggested the city put the offer together in writing so the school board can deliberate it at their next meeting. Council agreed their points are those outlined in Cindy Wilson's memo; signing a pending water service agreement; tying the fee waiver to negotiation and signing a 10 year lease with a 10 year renewal clause; requiring the lease to include definition of responsibility for boiler and structural repairs in the future, what proportion of those repairs are paid for by the landlord; providing the waiver to become invalid and the tap fee fully due if the ELC moves out of the building or if the building is sold; adding the half and half provision to the dollar for dollar tap fee waiver;and adding looking into rezoning the building to public. Councilwoman Waggaman moved to adjourn at 7:20 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathr yn S. Koch, City Clerk 9 Regular Meeting Aspen City Council October 25, 1993 CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 2 ................................ ............... ORDINANCE #52, SERIES OF 1993 - Gordon/Callahan Vested Rights 2 .. ORDINANCE #49, SERIES OF 1993 - Kastelic PUD/Subdivision 3 ....... ORDINANCE #55, SERIES OF 1993 - City Reorganization 4 ............ AFFORDABLE HOUSING ZONE POLICY 4 ................................ . ORDINANCE #56, SERIES OF 1993 - Historic Designation 834 W. Hallam 4 ................................ .................... ORDINANCE #57, SERIES OF 1993 - Oxley Lot Split & GMQS Exemption 5 ................................ ................. ORDINANCE #58, SERIES OF 1993 - Reschedule Deadline for Of- fice/Commercial GMP Competition Deadline 5 .................. EARLY LEARNING CENTER ROOF 6 ................................ ..... 10