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HomeMy WebLinkAboutminutes.council.19940228Regular Meeting Aspen City Council February 28, 1994 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Richards, Waggaman, and Reno present. PROCLAMATION - Jane Erb Mayor Bennett and Council presented Jane Erb with a proclamation for her years of service on the Wheeler Opera House Board. CITIZEN COMMENTS 1. Ray Patch, Rocky Mountain Natural Gas, presented Council was a check in the amount of $94,000 for franchise fee on gas sales in Aspen. COUNCILMEMBER COMMENTS 1. Councilwoman Richards said citizens have mentioned a problem with the handicap sidewalk ramps that turn into ice flows and mini- dams during the spring. Councilwoman Richards asked staff to find out how much it would cost to put in drainage systems. Bill Efting, assistant city manager, said the access committee can address this; he will report back to Council. 2. Councilman Reno asked if staff is planning to put up th e flags for Winternational and if there will be a parade for the U. S. Ski Team. City Clerk Kathryn Koch said the flags will go up tomorrow and there is a parade planned for Friday at 4:30 p.m. 3. Amy Margerum, city manager, introduced Leslie Klusmire, t he Aspen to Snowmass transportation coordinator. Ms. Klusmire handed out copies of the first newsletter letting the community know of upcoming meetings and what is being done in each segment of transportation. There is a meeting on March 16 on alignment and one on March 17th with the Colorado Department of Transportation. Ms. Klusmire said there will be an ad in the Wall Street Journal announcing the vendor competition. There will also be a conference for the vendors. 4. Amy Margerum, city manager, sai d the transit council of the Roaring Fork Forum is a small group to act as a clearing house valley wide. The transit council will be one elected official from each jurisdiction as well as one citizen appointment. Council requested this be advertised to see who is interested in this appointment. 5. Councilwoman Waggaman moved to add acquisition of the Snyder property to the agenda as item IX (f); seconded by Councilwoman Richards. All in favor, motion carried. 1 Regular Meeting Aspen City Council February 28, 1994 CONSENT CALENDAR Councilman Reno moved to approve the consent calendar; seconded by Councilwoman Waggaman. The consent calendar is A . Minutes - February 14, 1994 B . Resolution #10, 1994 - Contract Award , Professional Design Services, Neale Avenue Sidewalk C . Resolution #9, 1994 - U. S. West Contract D . Resolution #11, 1994 - Public Notice of Council's Intent to Amend GMQS All in favor, motion carried. ORDINANCE #1, SERIES OF 1994 - Snow Queen Lodge GMQS Exemption Mary Lackner, planning office, told Council this is a request to put a category 3 manager's unit of 850 square feet behind the existing lodge. Ms. Lackner said this is a voluntary deed restricted unit rather than a requirement for the city. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #1, Series of 1994, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #2, SERIES OF 1994 - Cap's Commercial GMQS Exemption and Vested Rights Mary Lackner, planning office, told Council this is approval for 810 square feet of additional net leasable space on the Cap's building site. The applicants are also requesting a GMQS exemption for two on-site deed restricted units. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #2, Series of 1994, on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Waggaman, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #3, SERIES OF 1994 - Stapleton Commercial GMQS Exemption and Vested Rights Leslie Lamont, planning office, told Council the applicants plan affordable housing on site as part of their growth management 2 Regular Meeting Aspen City Council February 28, 1994 employee mitigation for a new office building on Main street. The applicants received an allocation for 2423 square feet in the office zone. The applicants request 1 one-bedroom and 1 three- bedroom unit. There was a disagreement at first reading on the category for the three-bedroom. The housing office has agreed to language in the deed restriction that the three-bedroom unit shall be classified as a category 1 unit with the provision that it may be rented to a qualified category 3 household if a member of that household is employed by the applicant. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno moved to adopt Ordinance #3, Series of 1994, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Reno, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #66, SERIES OF 1993 - Water Service Agreement Aspen Country Day School Councilwoman Richards moved to table this to March 14, 1994; seconded by Councilman Reno. All in favor, motion carried. BOARD OF EQUALIZATION - Ordinance #5, Series of 1994 - Assessment Roll Pitkin Mesa Improvement District Mayor Bennett opened the public hearing. Councilman Reno moved to read Ordinance #5, Series of 1994; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #5 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DECLARING THE ENTIRE COST OF THE IMPROVEMENTS MADE IN THE PITKIN MESA SUBDIVISION IMPROVEMENT DISTRICT, IN THE CITY OF ASPEN, COLORADO, APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND BENEFITING FROM SAID IMPROVEMENTS IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS was read by the city clerk Chuck Roth, engineering department, told Council the public notice requirements have been met; all property owners have been mailed a notice. There was also a notice in the Aspen Times . This is to 3 Regular Meeting Aspen City Council February 28, 1994 pave 980 feet of a dirt road. Jay Hammond, Schmeuser Gordon Meyer, told Council the assessment formula is based on the property's location along the road. The more one uses the road the more one's assessment is. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #5, Series of 1994, on first reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Reno, yes; Paulson, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #6, SERIES OF 1994 - Accept Dedication Right-of-way Pitkin Mesa Drive Councilman Reno moved to read Ordinance #6, Series of 1994; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #6 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF A SPEN, COLORADO, ACCEPTING THE CONVEYANCE AND DEDICATION OF PITKIN MESA DRIVE AS A PUBLIC RIGHT-OF-WAY AND FOR UTILITY EASEMENT PURPOSES was read by the city clerk Councilman Reno moved to adopt Ordinance #6, Series of 1994, on first reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #4, SERIES OF 1994 - Billings Subdivision GMQS Exemption, Vested Rights Councilwoman Waggaman moved to read Ordinance #4, Series of 1994; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #4 (Series of 1994) AN ORDINANCE O F THE CITY OF ASPEN GRANTING GMQS EXEMPTION FOR THE CONSTRUCTION OF ONE AFFORDABLE HOUSING UNIT FOR THE BILLINGS RESIDENTIAL GMQS PROJECT, SUBDIVISION APPROVAL TO CREATE A NEW LOT IN THE ASTOR SUBDIVISION, PUD TO VARY THE MINIMUM LOT AREA REQUIREMENT OF THE NEWLY CREATED PARCEL AND GRANTING VESTED RIGHTS FOR A PERIOD OF THREE YEARS FOR THE DEVELOPMENT LOCATED AT 981, 985, AND 995 KING STREET WHICH IS ALSO KNOWN AS THE ASTOR SUBDIVI SION was read 4 Regular Meeting Aspen City Council February 28, 1994 by the city clerk Councilman Reno moved to adopt Ordinance #4, Series of 1994, on first reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Reno, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #8, SERIES OF 1994 - Residential Allocation 1993 GMQS Billings Mary Lackner, planning office, told Council this resolution allocates the GMQS square footage for residential competition. Ms. Lackner said there was only one application in the 1993 residen tial competition for 1993. Ms. Lackner said if the subdivision for the property is not approved, the allocation will be invalid. Councilwoman Waggaman moved to adopt Resolution #8, Series of 1994; seconded by Councilman Reno. All in favor, motion carried. RESOLUTION #12, SERIES OF 1994 - Disbursement of Funds from Previous City/County Water Trust Amy Margerum, city manager, reminded Council at the February 15 work session with the County Commissioners and the Board of Ruedi Water and Power Authority the disbursement of monies from the water trust was discussed. The city/county water trust has been abolished and the city and county split the monies from that fund. Council needs to decide how the on-going revenues that used to go into that trust will be disbursed. Staff feels the city should set aside these funds for a capital replacement fund. The Water and Power Authority may request these monies for specific projects as they arise. This resolution and attached intergovernmental agreement reflect the agreement abolishing the money that used to be disbursed to the water trust. That money will go to the city's electric fund. This also allows RWAPA to request funds at budget time for specific projects. This retains the 20 percent currently going to RWAPA and does not increase their budget. Councilwoman Waggaman said this should only be 20 percent of the revenues generated when the RWAPA is asking for money, not 20 percent of all revenues collected. John Worcester, city attorney, told Council all that provisions says is that RWAPA can come to Council, request money and the Council will listen. Councilwoman Waggaman said she would like "net revenues" defined as to what period the net revenues apply to. Mayor Bennett suggested deleting this so it does not appear that the city may be obligated to give RWAPA 20 percent of the revenues Councilwoman Richards moved to approve Resolution #12, Series of 5 Regular Meeting Aspen City Council February 28, 1994 1994, with the deletion of the 20 percent clause in Section 2 and adding an annual review of the overall split; seconded by Council- woman Waggaman. All in favor, motion carried. 6 Regular Meeting Aspen City Council February 28, 1994 VALLEY RESOURCE INTERGOVERNMENTAL AGREEMENT Bob Gish, public works director, introduced Steve Smith, previous coordinator for Valley Resource Management; Kay Benton and Lisa Reed, part-time coordinators for VRM. Valley Resource Management is a consortium of cities and counties from Rifle to Aspen to try and divert as much from the waste stream to recycling as possible. Gish said Council needs to make a formal appointment to the VRM Board. Gish told Council he has been serving informally in this capacity. Gish said during the non-profit funding at the budget hearings, Valley Resource Management was inadvertently left out. Gish requested continued funding of $1920 for 1994. Gish said the intergovernmental agreement is not ready to be reviewed by Council; this will be brought back to Council on a consent calendar. Steve Smith said there has been a grant and matching funds from the governmental entities for this program. He has served as the coordinator. Smith told Council since he began there has been curb side collection, Pitkin County landfill implemented rates for separated versus mixed trash. Smith said the monies have purchased a portable brush chipper which has been a great service to all the members in the valley. This is used to turn Christmas trees into compost and treat tree trimmings. Councilwoman Richards brought up recycle circle, the relocation of the snowmelt and the possibility that the trolley may relocate to this space. Councilwoman Richards said the city owns the land at each end of the Obermeyer building and there may be some possibili- ty of a land trade to add an indoor recycle facility to that building. Councilwoman Waggaman said she feels recycle circle looks much better. Councilwoman Richards moved to appoint Bob Gish to the Valley Resource Management Board and to authorize $1920 from general fund balance to VRM; seconded by Councilman Reno. All in favor, motion carried. Amy Margerum, city manager, told Council staff has been working with Jim Duke on recycle circle. Ms. Margerum said if there is electricity to this location, they may be able to move the large trailer. Staff will continue to work on this. SNYDER PROPERTY Tom Baker, housing office, requested direction from Council on whether to pursue acquisition of this property. Baker told Council the 1994 work program identified property acquisition as an important item for the housing department. Baker said once East 7 Regular Meeting Aspen City Council February 28, 1994 Hopkins, Kraut and Juan projects are complete, the housing office will have exhausted their inventory of land. Current production meets the Aspen Area Community Plan's goal of 19 units per year through 1996. Any property acquired now will be for production beyond 1996. Baker said staff intends be look for property to purchase in 1994. Baker reminded Council the growth management quota system is being amended for the Aspen metro area. This puts a level of uncertainty on both public and private development. Baker said there are many details to be worked out in the Snyder proposal, such as the appropriate purchase price. There are wetlands on the property, and staff has contacted the Army Corps of Engineers on this issue. Baker said from the preliminary pro formas the housing office developed, it appears the city will be subsidizing the affordable units on the property as well as developing free market or resident occupied units. Baker said there is a general concern about the look of the neighborhood as well as the investment in the infra- structure. The neighborhood is concerned about employee housing on this site. The assumption of the housing board for this property is family-oriented units, duplex and single family houses. Baker said staff is working on the impact on the housing/day care fund. The first priority of the housing office is the Billings parcel on King street; the Snyder property is the second priority. The housing office has also talked about purchase of Castle Ridge. Nancy Snell said the adjacent property owners would like the property developed as it is presently zoned, which would be 7 duplexes or 9 single family hone sites. The neighbors are concerned about the infra structure, like sewage, the utilities, parking, street widths, traffic. Laurie Winterman, 317 Park Avenue, said this 3.25 acres is zoned R-15 and the zoning would allow 14 townhome duplexes. The infrastructure does not support the existing density. Ms. Winterman said there is heavy density in this area and no open space or parks. Ms. Winterman requested Council only look at this property in context of the current zoning. Jim Curtis, housing board, reminded Council in 1990 and 1991, the city purchased East and West Hopkins, Juan street and Kraut property. These have been taken through the development process and they will all be complete in the next year. The housing board is now looking at what to do in the next 2 or 3 years. Curtis said the housing board is looking at properties that comply and are consistent with the community plan. The AACP emphasizes housing in the metro area. Curtis said this proposed project would be bigger than others done by the housing office. It would be an opportunity to build single family houses. Staff is bringing this to Council 8 Regular Meeting Aspen City Council February 28, 1994 at a conceptual level so they can tell staff if they object philosophically. Curtis said the zoning code gives incentives for things the community would like to encourage, like affordable housing and gives disincentives for things the community would like to discourage. One thing the community would like to discourage is extremely large second homes. Flossie Gull said she feels this proposed high density is inappro- pri ate for the Snyder parcel. Dan Sadowski said he, too, has strong concerns about the density. This is a very funky neighbor- hood and is on the knife edge of critical mass. Sadowski said any develop ment has to be tied into major improvements of the infra- structure. Baker told Council the housing day care fund does not have enough cash in it to do this project and would have to take out a short term loan. Mayor Bennett said the threshold issues are the short term loan, what the options for the loan are and how it gets paid off. Another issue is the new GMQS rules and how the rules will affect both private and public developers. Mayor Bennett suggested Council make a list of questions for staff and the housing office to answer. Councilman Reno asked whether Council even wants to pursue this issue. Amy Margerum, city manager, told Council the new growth management quota may be 8 units per year, 4 of which would be set aside for the exemptions. Councilwoman Waggaman said she does not fee it appropriate to rush into this. Councilwoman Waggaman said she would like to have the property for affordable housing but not at the proposed density. Councilwoman Waggaman said she is inclined to not pursue purchase of the Snyder parcel at this time. Councilman Paulson said he is not interested in sacrificing the character of Aspen to get more housing. Mayor Bennett said the city is in the midst of revising the growth management quota system and all growth will count as growth, including affordable housing units. Councilwoman Richards moved to go into executive session to discuss price for a potential contract offer on the Snyder property; seconded by Councilwoman Waggaman. Councilman Reno said there is no way the city will get land at a reasonable price by showing eagerness and quickness to purchase land. Councilman Reno said the city should take their time and look at the purchase rather than rush into it. Councilwoman Richards and Mayor Bennett in favor; Councilmembers Paulson, Waggaman and Reno opposed. Motion NOT carried. 9 Regular Meeting Aspen City Council February 28, 1994 Mayor Bennett said he feels this is a valuable piece of land for open space, housing or both. Mayor Bennett agreed the city has a tendency to chase properties and drive the price up. Councilwoman Richards asked staff to report on other potential parcels that may be purchased to help meet the affordable housing goals. Baker said the community plan identifies several parcels. These will be pursued as they become available. Councilwoman Richards moved to adjourn at 7:50 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 10 Regular Meeting Aspen City Council February 28, 1994 PROCLAMATION - Jane Erb 1 ................................ ........ CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 2 ................................ ............... ORDINANCE #1, SERIES OF 1994 - Snow Queen Lodge GMQS Exemp tion 2 . ORDINANCE #2, SERIES OF 1994 - Cap's Commercial GMQS Exemption and Vested Rights 2 ................................ ......... ORDINANCE #3, SERIES OF 1994 - Stapleton Commercial GMQS Exemption and Vested Rights 2 ............................... ORDINANCE #66, SERIES OF 1993 - Water Service Agreement Aspen Country Day School 3 ................................ ........ BOARD OF EQUALIZATION - Ordinance #5, Series of 1994 - Assessment Roll Pitkin Mesa Improvement District 3 .......... ORDINANCE #6, SERIES OF 1994 - Accept Dedication Right-of-way Pitkin Mesa Drive 4 ................................ ......... ORDINANCE #4, SERIES OF 1994 - Billings Subdivision GMQS Exemption, Vested Rights 4 ................................ .. RESOLUTION #8, SERIES OF 1994 - Residential Allocation 1993 GMQS Billings 5 ................................ ............. RESOLUTION #12, SERIES OF 1994 - Disbursement of Funds from Previous City/County Water Trust 5 .......................... VALLEY RESOURCE INTERGOVERNMENTAL AGREEMENT 6 .................... SNYDER PROPERTY 6 ................................ ................ 11