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HomeMy WebLinkAboutminutes.council.19940711Regular Meeting Aspen City Council July 11, 1994 Mayor Pro Tem Reno called the meeting to order at 5:05 p.m. with Councilmembers Waggaman, Richards and Paulson present. COUNCILMEMBER COMMENTS Mary Martin read the following into the record: "I a m here tonight to ask for the resignation of Councilman Terry Paulson for the following reasons: 1. His action in making a wagon mound and placing it on the top of Burnt Mountain for the sole purpose of attempting to control the development of the mountain was dishonest, conniving and contemptible. 2. For Mr. Paulson to believe that he could not only deceive the Ute Tribal Nation and the United States Forestry Service and by doing so, provide a "sacred mountain" declaration that would or could ultimately stop the development of that mountain, is tantamount to fraudulent action and is unbecoming of an elected official of the City of Aspen. As representing a number of Aspen citizens who believe the same as I, I ask for his resignation today and that he specifically, publicly apologize to all parties, the Ute Nation, the Forestry Service and the citizens of the city and county." Councilman Paulson said when he did this action, he was not on the City Council. Councilman Paulson said his intentions were not to establish any fake relic to delay the decision on Burnt Mountain. Councilman Paulson said what he did was personal; there was no intention of creating anything fraudulent. Ms. Martin asked who was responsible for bringing in representatives of the Utes to look at this. Councilwoman Richards said there is an agreement between the forest service and the Ute Nations to look at all forest service lands for sacred sites. Councilwoman Waggaman said she is glad to hear this was done before Councilman Paulson was on Council. Councilwoman Waggaman said she is willing to accept the fessing up to this as enough of a remonstrance for the present. Councilwoman Richards agreed and said this is really between the forest service and the Ute Nation. 2. Tom Hines pointed out that residents of the Cemetery Lane undergrounding district have to pay in full by next Monday or be assessed extra for time payments. If everyone is pays over time, this will cost approxi mately $265 per person; if 50 percent pay over time, it will cost $530 per person. Hines said he knows of no 1 Regular Meeting Aspen City Council July 11, 1994 construction project where 100 percent is paid up front when the project will not even be completed this year. John Worcester, city attorney, said the state statutes states everyone one has 30 days to pay. The bond holders rely on the representations of the city about how this will be paid. Worcester said a lot of this is laid out in the bond documents. Worcester pointed out the city is not paying the contractor up front. Amy Margerum, city manager, said the city has to set deadlines for people to make a decision on how they will finances their undergrounding. COUNCILMEMBER COMMENTS 1. Councilwoman Richards said she would like staff to begin exploring three-way stop signs at Mill and Puppy Smith streets. Councilwoman Richards said this is an extremely dangerous intersec- tion. Amy Margerum, city manager, told Council staff planned to do this when the street work in this area is completed. Ms. Margerum told Council this work was scheduled for this year. The contrac- tors are very busy and the bids were twice what was expected. Council agreed the stop sign should be installed as soon as possible. 2. Councilwoman Waggaman noted there has been a lot of traffic problems on Main street. The police department and transportation department are trying to make it work; motorists should be alert to changes. 3. Mayor Pro Tem Reno said he is stepping down on VII A, Fellman Lot Split, due to a conflict of interest. 4. Amy Margerum, city manager, said Council needs to discuss the superblock project. Councilwoman Richards suggested a morning meeting after the mayor returns. 5. Amy Margerum, city manager, said staff has advertised for new members for the asset management committee. 6. Amy Margerum, city manager, told Council the police department provided mutual aid to Glenwood Springs during the forest fire. Tom Stephenson, police chief, told Council Aspen sent down 4 officers who gave about 30 hours of help to Glenwood Springs and Garfield County. 7. Amy Margerum, city manager, announced there will be a public meeting about the yellow brick building July 18th. There will be public comments between 5 and 6 p.m. CONSENT AGENDA 2 Regular Meeting Aspen City Council July 11, 1994 Councilwoman Richards moved to read Ordinance #33, Series of 1994; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #33 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 132 W. MAIN STREET, LOT M AND THE WEST FOUR FEET OF LOT N, BLOCK 58, CITY AND TOWNSITE 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 read Ordinance #32, Series of 1994; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #32 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING THE UNIFORM ELECTION CODE OF 1992, AS AMENDED, FOR THE NOVEMBER 8, 1994, COORDINATED ELECTION was read by the city clerk Councilwoman Richards moved to adopt the consent calendar; seconded by Councilman Paulson. The consent calendar is: A . Minutes - June 13, 1994 B . Resolution #58, 1994 - Clarification of Lacet (East Cooper) Subdivision C . Ordinance #33, 1994 - 132 W. Main Street Landmark Designation D . Resolution #57, 1994 - Calling Special Election E . Ord inance #32, 1994 - Adopting Uniform Election Code F . Resolution #59, 1994 - Contract Approval Construction Neale Sidewalk G . Resolution #61, 1994 - Water Line Easement David Robinson All in favor, motion carried. ORDINANCE #28, SERIES OF 1994 - Fellman Lot Split Mayor Pro Tem Reno stepped down due to potential conflict of interest. Mary Lackner, planning office, told Council this is located at East Hopkins and Cleveland and is a proposed lot split to allow one single family and one duplex. This application meets the lot split criteria. There are conditions in the ordinance. Councilwoman Richards opened the public hearing. There were no 3 Regular Meeting Aspen City Council July 11, 1994 comments. Councilwoman Richards closed the public hearing. Councilwoman Richards asked if this is going to result in a monster house. Gideon Kaufman, representing the applicant, said there is already a permit in for the single family house. Councilwoman Waggaman asked about the accessory dwelling unit. Kaufman said the single family unit applicant can chose payment-in-lieu or an ADU. The applicant for the duplex unit has no choice. Ms. Lackner said there will be two free market units and ADU for each. Councilwoman Richards asked if "grade" has been determined. Kaufman said there is an aerial photograph from 1970 which they will use to establish grade. Councilwoman Waggaman moved to adopt Ordinance #28, Series of 1994, on second reading; seconded by Councilman Paulson. Councilman Paulson encouraged everyone with lot splits to look to smaller homes. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, yes. Motion carried. Kaufman pointed out there is a requirement from Council to provide ADUs, yet ADUs are conditional uses approved by P & Z. An applicant could be caught in a bind by this requirement. Council said this was a good suggestion and asked staff to look into it. ORDINANCE #25, SERIES OF 1994 - Smuggler Superfund Site Institu- tional Controls Tom Dunlop, environmental health department director, told Council these institutional controls are part of the ultimate settlement documents to reach closure with the EPA on the Smuggler superfund site. The institutional controls define prohibited activities within the site when permits are issued; the procedure for issuing permits, performance standards; when the soil must be tested; and inspection and maintenance programs. Dunlop recommended Council approve this ordinance. Pitkin County adopted the consent decree, which is the formal settlement document between the county and the federal government. The county also adopted institutional controls. Dunlop reminded Council when this came up, the Smuggler caucus recommended this be continued until the consent decree could be agreed to by the EPA and county. Dunlop said he discussed this with the caucus representatives today who agreed to passage of this ordinance, requesting this be tabled or that the ordinance not go into effect until after final judicial approval of the consent decree. Dunlop said the latter is acceptable to staff and would 4 Regular Meeting Aspen City Council July 11, 1994 like Council to take action on this ordinance so that it does not continue to appear on the agenda. Tim Whitsitt, county attorney, reiterated the county has passed the institutional controls. The county does not yet have a final consent decree. There is a difference of opinion between the county and the Smuggler caucus on how best to finalize the consent decree. Whitsitt said the county does not feel the Council should get too involved in trying to pressure the EPA. Whitsitt told Council the EPA has indicated they are in agreement with the principles of the decree except for a very small technicality. Whitsitt said the institutional controls will not be enforced until there is a signed consent decree. John Worcester, city attorney, suggested Council add language to the ordinance that this will not be effective until the consent decree is entered into the court docket. Dunlop said the Smuggler caucus felt the ordinance should not take effect until after the public comment period. Worcester said this would be effective when the judge signs the consent decree. Councilwoman Waggaman said Council should be in accord with and support of the Smuggler caucus because of all the work they put into this. Mayor Pro Tem Reno opened the public hearing. There were no comments. Mayor Pro Tem Reno closed the public hearing. Worcester suggested a new Section 3 to read, "This ordinance shall become effective 5 days following the date of the filing of an approved consent decree by the court in the case entitled United States Environmental Protection Agency versus Smuggler Durant et al, U. S. District Court for Colorado". Councilwoman Waggaman moved to adopt Ordinance #25, Series of 1994, amended to include the change to Section 3 as outlined by the city attorney; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Mayor Pro Tem Reno, yes. Motion carried. ORDINANCE #34, SERIES OF 1994 - Poppies Bistro Cafe Rezoning, GMQS Exemption & Vested Rights Councilwoman Richards moved to read Ordinance #34, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #34 (Series of 1994) AN ORDI NANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING A MAP AMENDMENT FOR REZONING FROM THE R-6 ZONE DISTRICT TO THE (O) OFFICE ZONE DISTRICT FOR THE POPPIES 5 Regular Meeting Aspen City Council July 11, 1994 BISTRO CAFE (LOTS K AND L, BLOCK 10 CITY AND TOWNSITE OF ASPEN) was read by the city clerk Mary Lackner, planning department, reminded Council earlier this year the planning director made an interpretation about whether the floor area ratio of this structure should be calculated as a duplex or single family structure. Council felt that instead of a duplex floor area ratio they would prefer to see the property rezoned. Ms. Lackner said the applicants want to add a 1,000 square feet two bedroom employee unit to this building. The applicants are also seeking historic designation, which will take place concurrently with second reading of the rezoning. Staff recommends approval of this rezoning. Sunny Vann, representing the applicant, pointed out there is an alley behind this property which goes nowhere. The rest of the alley was vacated for the forest service. Vann said the applicants can locate this unit on the second floor, get a variance from the Board of Adjustment or can vacate the alley. Vann said the simplest procedure would be to vacate the alley and the applicants will submit an application for that vacation. Mayor Pro Tem Reno asked about the parking requirements. Ms. Lackner said one space per bedroom will be required. This will be a condition of the GMQS exemption. Vann said the applicant does not need the vacation of the alley for parking or for FAR, just for the rear yard setback. Councilwoman Waggaman asked when this property gets a historic designation, will they be taking extra FAR allowed to a designated building. Vann said the original proposal would have taken advantage of the 500 square foot bonus permitted by the HPC. By rezoning this to office, the FAR changes, and the applicants will not need to apply for a bonus. Councilwoman Richards said she would like to see that the parking is for currently registered vehicles rather than old, stored vehicles. Councilwoman Richards said this will be a 3900 square foot project when finished and may be contradictory to the direction in which Council is moving, to make structures smaller. Vann said this will be historically designated and any renovation will be reviewed by the HPC. Councilwoman Richards moved to adopt Ordinance #34, Series of 1994, on first reading; seconded by Councilwoman Waggaman. Councilwoman Richards said there is a request from staff that this unit be designated resident occupied. Vann said the quid pro quo from the applicant's standpoint is historic designation; they have not agreed to deed restrict the unit. Councilwoman Richards said she feels the rezoning is a concession and the underlying floor 6 Regular Meeting Aspen City Council July 11, 1994 area ratio is going up and will radically change the Poppie's building. Councilwoman Richards said she does not want to approve this if the unit is being short termed over the winter. Council asked the applicant address this being designated RO by second reading. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Paulson, yes; Mayor Pro Tem Reno, yes. Motion carried. PURCHASE OF 210 MIDLAND AVENUE Dave Tolen, housing office, reminded Council this has been before them. Council has had a site visit. The city is under contract for this 3.2 acre parcel for $2.7 million. Tolen said Council may wish to wait for a full Council before voting on this issue. The contract expires tomorrow; however, the owners may extend the contract if that is how Council proceeds. Tolen presented a conceptual plan of the parcel showing 24 units and the existing ponds. This conceptual plan is to compare financial feasibility, the price of this land with some recent projects of the housing office. This plan is for larger family- oriented units with garages and yards at higher prices than West Hopkins but with the same per bedroom subsidy. Tolen said design options are as low as an 11 unit project by additional use of public funds, like open space money, increasing the prices for the units, and mixing in free market units. There is a pro forma in the Council packet with the 24 unit option and a subsidy of $60,000 per bedroom and also a mix of free market and affordable with zero public subsidy but at a higher density; and an 18 unit project including a $600,000 contribution from the open space fund. Tolen said he believes this is a good purchase for the city at $2.7 million. Tolen said staff will have to start neighborhood meetings before a development plan is submitted to the city for approval. Several issues have already been brought up and staff should find out if there are any other issues to deal with. Issues already brought up are density, what are the appropriate number of units; what is the appropriate access to the property and who does it impact; what is the traffic generated by the project; what open space could be made available for the neighborhood use; what can be done to preserve the existing ponds; infrastructure improvements. Tolen said these can be dealt with in neighborhood meetings. Tolen told Council the housing office is doing actual vehicle counts from employee housing projects; Centennial, Williams Woods, Midland Park, Castle Ridge and Twin Ridge. These all have points of access where no other traffic goes in or out. This information will be available by the end of the month. 7 Regular Meeting Aspen City Council July 11, 1994 Mayor Pro Tem Reno asked if the pro formas include improvements outside the project like streets, utilities, sewer, etc. Tolen said there is $300,000 for utility hook ups and improvements outside the property. There is also substantial on-site site improvements. Mayor Pro Tem Reno asked if staff knows how much open space money may be contributed to this project. Tolen said this depends on whether it is from the county open space fund or a combination with the city's open space fund. Mayor Pro Tem Reno opened the public hearing. Laurie Winterman, 317 Park Avenue, said quality of life is important and the reason many people moved to Aspen. Council has consistently down zoned the size of homes and numbers allowed to be built over the past two decades. Ms. Winterman said the problem with this proposed project is what Council has worked so diligently for over the past years. In the past few years, density, height and setback limits have been tossed out the window for affordable housing. Ms. Winterman pointed out there are 50 units proposed at Williams Ranch 3 blocks from this parcel. This area is more built out than anywhere in the entire city. There is a lot of proposed affordable housing projects going on. Council has to review the density in this area. Nancy Snell said this neighborhood needs improvements; it is getting more and more run down. Ms. Snell said this neighborhood is becoming dangerous and getting more and more crowded. John Kelly, 111 Park Avenue, suggested Council get neighborhood comments before they purchase the property. Kelly said he was told that burying the utilities in this area is 10 years down the road. Kelly pointed out this area gets no improvements and just keeps getting more and more density. Jill Pearl said she is concerned about improvements in this area and would like to see these taken care of. Larry Winterman said the city should be trying to keep growth down. No matter whether these projects are private sector or affordable housing, it is still growth and increasing the density. Winterman said when people park on both sides of Park Avenue, the bus has a tremendously difficult time getting through. Winterman said between the proposed Williams Ranch and this project, it will add another 400 cars to the area. Marty Ames, adjacent property owner, said she favors a low density employee housing project. Ms. Ames said Council should follow their own rules. Evan Gull, Ardmore Court, said this is an appropriate site for affordable housing but not at the density proposed. Gull said the residents have supported the efforts of the city and county government to reduce density; however, it is not appropriate to take the results of 8 Regular Meeting Aspen City Council July 11, 1994 that, which is higher costs, and translate that into a situation where the only way to deviate from the rules is to use the governmental body to do so. Don Sadowski said there are a lot of problems in this area, the streets are narrow, there is no place for the cars to park. Mayor Pro Tem Reno closed the public hearing. Tolen agreed this is a difficult area and Midland and Park streets are difficult to deal with. Traffic density, access and neighbor- hood improvements are very important. Tolen pointed out this city's AH zone would permit more than 24 units on this site as would the county's PMH zone. Tolen said this project should be looked at in terms of what is around it, not necessarily what is allowed on site. Tolen said a contextural model of the surrounding land uses and buildings would be very important. Tolen reiterated this drawing is only for feasibility purposes and to compare a proposed project to others already done by the housing office. Tolen said the underlying zoning in the county is R-15, which would allow 9 free market homes on the site. Councilwoman Richards noted the city is spending $6.5 million a year in transit services to try and bring people up to town to work without their automobiles. The day the city stops spending this money, nothing has been bought. When the city puts money into land for affordable housing, this is a community asset which will remain for the next 100 years. Councilwoman Richards said there is a cost to the community of not having year round residents. Councilwoman Richards pointed out if this is a park, there will need to be parking. If there is no parking as part of the park, there will be overflow onto the already crowded streets. Councilwoman Richards agreed better site designs will evolve from neighborhood meetings. The wetlands will have to be preserved by wetlands jurisdictional agreements. Councilwoman Waggaman agreed the east end needs infrastructure improvement. Councilwoman Waggaman said this is an appropriate site for affordable housing and favors developing it to the highest density appropriate for the area. Councilwoman Waggaman said some land should be park for the community to use, not just for the residents of the development. Councilwoman Waggaman suggested rather than all three-bedroom units, there be a mix of units to get a more interesting group of people. Councilwoman Waggaman agreed the city has to follow their own rules. Councilman Paulson said he would like to see the city purchase this rather than it go to private developers who have not shown a responsibility in trying to lessen the scale of building in Aspen. Mayor Pro Tem Reno said what he would like to see in density may 9 Regular Meeting Aspen City Council July 11, 1994 push the subsidy to where it is too large for a housing project. Mayor Pro Tem Reno said he would be willing to look at some free market units. If 10 or 12 units is acceptable to the neighborhood, this would increase the subsidy $800,000, which is too much. Mayor Pro Tem Reno said he would like to see the city offer to purchase the land for less money for fewer units. Councilwoman Waggaman agreed the subsidy should be no more than $60,000 per bedroom. Councilwoman Waggaman said she would like to see what open space funds are available for this project. Councilwoman Richards said there is about $3 million in the housing day care fund for the purpose of creating housing. Councilwoman Richards said this seems like a good place to use that asset. Mayor Pro Tem Reno said he would rather buy down existing proper- ties for affordable housing. Councilwoman Waggaman agreed at a subsidy of no more than $60,000 per bedroom as in other projects. Councilwoman Waggaman said she also favors open space and perhaps selling off one, two or three free market lots. Councilwoman Richards moved to table this to July 25, 1994; seconded by Councilman Paulson. All in favor, motion carried. REQUEST FOR FUNDS - Election Equipment Kathryn Koch, city clerk, requested $12,500 from asset management fund balance. Ms. Koch explained this is for an election tabula- tion system to be shared with Pitkin County. The city and county have shared election equipment since 1975. The counting machine is beyond repair. This tabulation system consists of a card reader, software, a computer, training and installation. Councilwoman Waggaman moved to approve the 50 percent purchase of election equipment for $12,500 to be funded from asset management fund balance and to include this in the next appropriation ordinance; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to adjourn at 7:30 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 10 Regular Meeting Aspen City Council July 11, 1994 COUNCILMEMBER COMMENTS 1 ................................ ......... COUNCILMEMBER COMMENTS 2 ................................ ......... CONSENT AGENDA 2 ................................ ................. ORDINANCE #28, SERIES OF 1994 - Fellman Lot Split 3 .............. ORDINANCE #25, SERIES OF 1994 - Smuggler Superfund Site Institu tiona l Controls 4 ................................ .... ORDINANCE #34, SERIES OF 1994 - Poppies Bistro Cafe Rezoning, GMQS Exemption & Vested Rights 5 ............................ PURCHASE OF 210 MIDLAND AVENUE 7 ................................ . REQUEST FOR FUNDS - Election Equipment 10 ......................... 11