HomeMy WebLinkAboutminutes.council.19940912Regular Meeting Aspen City Council September 12, 1994
Mayor Pro Tem Reno called the meeting to order at 5:05 p.m. with
Councilmembers Richards and Paulson present.
PROCLAMATION - Good Roads Day
Mayor Pro Tem Reno and Council declared October 1 and 2 to be Good
Roads day in recognition of the thousands of Aspenites who have
volunteered to work on the revitalization of the town of Indepen-
dence, the revegetation of Independence Pass, and the building of
the road itself. Council presented this proclamation to Bob Lewis,
Environmental Research Group.
CITIZEN COMMENTS
1. Dave Tolen, acting director Housing Office, noted the 1993
housing budget reports are in this packet. Tolen thanked Council
and staff for the work and support of the past two years. Tolen
noted savings in operations of $63,000 and savings in the proper-
ties due to refinancing of the bonds. Tolen presented the city
with a certificate of appreciation.
2. Tom Hines, ACRA, said since the initi al conversation about the
airline situation in Aspen, things have changed for the better.
Hines requested help financing one-third of $100,000 for this
effort with United Airlines. Hines told Council Snowmass Resort
Association and the Skiing Company have said they would fund one-
third of this money. Many businesses in the city have said they
will help to raise $33,000. John Norton, Aspen Skiing Company,
told Council the plan to contract with United for $100,000 to
replace 10 percent of the business that would have been lost in the
upcoming ski season. Norton requested $5,000 towards the $33,000
of the Aspen's communities share.
Councilwoman Richards said her concern is a deluge of rental cars
if there is not adequate air accommodations. The City is spending
a lot of money to have a bus system and intercept lot and it would
be too bad to have this come to naught with rentals cars.
Councilwoman Richards said she feels there is a public purpose
served by contributing to this effort.
Councilwoman Richards moved to contribute $5,000 out of the
contingency fund to ACRA for the purpose of decreasing the number
of rental vehicles into the valley, enhancing tourism into the
valley, and exploring alterna tive transportation; seconded by
Councilman Paulson. All in favor, motion carried.
COUNCILMEMBER COMMENTS
1. Mayor Pro Tem Reno said he has had comments on Bleeker and
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Regular Meeting Aspen City Council September 12, 1994
First streets. An overlay was done and there is a drastic crown in
the road. Mayor Pro Tem Reno requested staff go look at this
intersection.
2. Councilwoman Richards said in the area of co-housing where
Lone Pine road was redone it seems there should be no parking areas
for safety reasons.
3. Councilwoman Richards asked what can be done about c ar alarms,
does this fall within the noise ordinance, can people be ticketed
when their alarms go off for hours. This seems to be a growing
problem. Staff will look into this and report.
4. Amy Margerum, city manager, introduced Stan Clauson the new
community development director. The consolidation of planning,
building and zoning will be implemented.
5. Amy Margerum, city manager, introduced Jim Bennett, city
manager Banff, Canada, who is visiting as part of a International
City Manager exchange program.
6. Councilwoman Richards reminded Council the September 19th
lunch is with the Neighborhood Advisory Committee to tour around
town on bicycles.
CONSENT CALENDAR
Councilwoman Richards moved to read Ordinances #44, 45, 46, 47, and
48, Series of 1994; seconded by Councilman Paulson. All in favor,
motion carried.
ORDINANCE #44
(Series of 1994)
AN ORDINANCE RECOGNIZING GENERAL FUND REVENUE OF
$119,000; APPROPRIATING GENERAL FUND EXPENDITURES OF
$134,627; APPROPRIATING PARKS AND OPEN SPACE FUND
EXPENDITURES OF $5,131; APPROPRIATING
TRANSPORTATION/MALL FUND EXPENDITURES OF $10,000;
APPROPRIATING PARKING IMPROVEMENT FUND EXPENDITURES OF
$9,773; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES
OF $3,434,000; REDUCING PREVIOUSLY APPROVED CITY SHOP
FUND EXPENDITURES OF $11,500; TRANSFERRING PREVIOUSLY
APPROVED EXPENDITURES OF $11,500 FROM THE CITY SHOP FUND
TO THE GENERAL FUND; APPROPRIATING WATER FUND EXPENSES
OF $126,500; APPROPRI ATING ELECTRIC FUND EXPENSES OF
$30,000; APPROPRIATING TRANSPORTATION/PARKING FUND
EXPENSES OF $209,000; APPROPRIATING TRUSCOTT PLACE
HOUSING FUND EXPENSES OF $10,000; APPROPRIATING MAROLT
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Regular Meeting Aspen City Council September 12, 1994
RANCH HOUSING FUND EXPENSES OF $5,000
ORDINANCE #45
(Series of 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A
SUBDIVISION EXEMPTION AND GMQS EXEMPTION FOR A LOT SPLIT
FOR 918 EAST COOPER AVENUE (LOTS M AND N, BLOCK 117,
CITY AND TOWNSITE OF ASPEN AND LOTS M, N, O AND P, BLOCK
35, EAST ASPEN ADDITION) ASPEN, COLORADO
ORDINANCE #46
(Seri es of 1994)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, VACATING PORTIONS OF GALENA STREET ADJOINING
THE CUL-DE-SAC AT ITS NORTH TERMINUS CONTAINING APPROXI-
MATELY 2,537 SQUARE FEET ALL WITHIN THE CITY OF ASPEN,
PITKIN COUNTY, COLORADO
ORDINANCE #47
(Series of 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A
REZONING FROM AF-2 PUD TO OPEN SPACE (OS) TO THE
PUBLICLY OWNED ZOLINE OPEN SPACE SECTION 2 & 11,
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.,
HIGHWAY 82, ASPEN, COLORADO
ORDINANCE #48
(Series of 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 520
WALNUT STREET, LOT 8 AND THE NORTH HALF OF LOT 9, BLOCK
3, WILLIAM'S ADDITION TO THE CITY OF ASPEN, AS "H",
HISTORIC LANDMARK PURSUANT TO SECTION 24-7-703 OF THE
MUNICIPAL CODE were read by the deputy city clerk
Councilwoman Richards moved to adopt the consent calendar; seconded
by Councilman Paulson. The consent calendar is:
A . October (Columbus Day) Council Meeting Date
B . Ordinance #44, 1994 - Appropriations
C . Ordinance #45, 1994 - Phillips/Gordon Lot Split
D . Resolution #69, 1994 - Allowing City to Invest in CSAFE
E . Request to Submit application - Youth Center
F . Ordinance #46, 1994 - Vacate Portion of Galena Street
G . Resolution #70, 1994 - Contract Main Street Sidewalk
Construction
H . Ordinance #47, 1994 - Zoline Rezoning
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Regular Meeting Aspen City Council September 12, 1994
I . Ordinance #48, 1994 - 520 Walnut Historic Designa tion
J . Resolution #71, 1994 - Contract City Hall Brick Renova
tion
Roll call vote; Councilmembers Reno, yes; Richards, yes; Paulson,
yes. Motion carried.
ORDINANCE #41, SERIES OF 1994 - Aspen Institute Bonds
Steve Barwick, assistant city manager, told Council these bonds of
$7 million, will not be a direct obligation of the city. The
repayment requirements will be the Aspen Institute's and the bonds
will not affect the city's long range bonding capability. This is
to help a local institute save of money using the city's bonding
power. Dave Bellack, assistant city attorney, told Council there
is a requirement in order to insure the city has the tax exempt
status for the bonds that a separate public hearing be held, which
was published separately from the public hearing on the ordinance.
This is a requirement from the IRS.
Mayor Pro Tem Reno opened the public hearing the tax equity and
fairness reform act of 1986 public hearing on Ordinance 41,
pursuant to the notice published in the Rocky Mountain News on
Monday, August 29, 1994. There were no comments. Mayor Pro Tem
Reno closed the TEFRA public hearing.
Mayor Pro Tem Reno opened the public hearing on Ordinance #41,
Series of 1994. There were no comments. Mayor Pro Tem Reno closed
the public hearing.
Councilwoman Richards moved to adopt Ordinance #41, Series of 1994,
on second reading; seconded by Councilman Paulson.
Councilman Paulson requested the applicants rethink the bike path
going down the hillside to the conservation land. Councilman
Paulson said he would hope this will not scar the hillside and
leave a gaping wound.
Roll call vote; Councilmembers Reno, yes; Paulson, yes; Richards,
yes. Motion carried.
ORDINANCE #34, SERIES OF 1994 - Poppies Bistro Cafe Rezoning
Councilwoman Richards moved to table Ordinance #34, Series of 1994,
to September 26; seconded by Councilman Paulson. All in favor,
motion carried.
ORDINANCE #39, SERIES OF 1994 - 409 E. Hopkins GMQS Extension
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Regular Meeting Aspen City Council September 12, 1994
Leslie Lamont, planning office, reminded Council the applicants
have requested extension of the 1990 growth management commercial
allocation. In December 1993, Council granted a 6 month exten sion.
The applicants are requesting another extension. Their building
permit is well within the process and they requested this prior to
the expiration of their GMQS allocation. Ms. Lamont said due to
staff situations, this building permit process has been very slow.
This request is for a 90 day extension to November 22, 1994.
Tom Smith, representing the applicant, told Council they have been
informed the building permit is ready so they will be able to
complete this project. Council said they would like staff to
investigate on how to speed up the building permit process.
Mayor Pro Tem Reno opened the public hearing. There were no
comments. Mayor Pro Tem Reno closed the public hearing.
Councilwoman Richards moved to adopt Ordinance #39, Series of 1994,
on second reading; seconded by Councilman Paulson. Roll call vote;
Councilmembers Reno, yes; Richards, yes; Paulson, yes. Motion
carried.
ORDINANCE #42, SERIES OF 1994 - E-911 Surcharge
Tom Stephenson, police chief, told Council this ordinance revises
the intergovernmental agreement adopted in 1990 to allow the E-911
surcharge from $.50/month to $.70/month per line. Stephenson said
there are increased expenses not originally budgeted. Brent
Finster, communications director, told Council the state statute in
effect in 1990 had a cap of $.50/month. The cap has since been
increased. Finster said the statute does not allow this surcharger
to pay for labor. Councilwoman Richards asked if this does allow
for capital costs. Finster said it does.
Mayor Pro Tem Reno opened the public hearing. There were no
comments. Mayor Pro Tem Reno closed the public hearing.
Councilwoman Richards moved to adopt Ordinance #42, Series of 1994,
on second reading; seconded by Councilman Paulson. Roll call vote;
Councilmembers Reno, yes; Richards, yes; Paulson, yes. Motion
carried.
ORDINANCE #43, SERIES OF 1994 - Land Use Code Amendment Architec-
tural Projections
Leslie Lamont, planning office, told Council this ordinance would
amend the definition of yard and of architectural projects. An
architectural projection is a non-functional or ornamental feature
of a building and is allowed to extend into required side yard
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Regular Meeting Aspen City Council September 12, 1994
setbacks by 12 inches; a building eave, which protects the building
from the elements and necessary to the functioning of the building,
is allowed to extend 18 inches. Ms. Lamont said this amendment is
to allow architectural projections can also extend 18 inches into
the required side yard setback. Mayor Pro Tem Reno asked if this
has anything to do with what counts and what does not count in
allowable FAR. Ms. Lamont said no. Mayor Pro Tem Reno asked if
awnings would be limited to 18 inches. Ms. Lamont said if awning
are retractable, they do not count.
Mayor Pro Tem Reno opened the public hearing. There were no
comments. Mayor Pro Tem Reno closed the public hearing.
Councilwoman Richards moved to adopt Ordinance #43, Series of 1994,
on second reading; seconded by Councilman Paulson. Roll call vote;
Councilmembers Reno, yes; Richards, yes; Paulson, yes. Motion
carried.
ORDINANCE #37, SERIES OF 1994 - 834 W. Hallam Historic Designation
Councilwoman Richards moved to table Ordinance #37, Series of 1994,
to September 26th; seconded by Councilman Paulson. All in favor,
motion carried.
ORDINANCE #50, SERIES OF 1994 - Chapter 24 Text Amendment - Parking
for Multi-family
Councilwoman Richards moved to read Ordinance #50, Series of 1994;
seconded by Councilman Paulson. All in favor, motion carried.
ORDINANCE #50
(Series of 1994)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE,
LAND USE REGULATIONS, TO PROVIDE A PLANNING AND ZONING
COMMISSION SPECIAL REVIEW TO PERMIT PARKING ON GARAGE
APRONS IN MULTI-FAMILY PROJECTS SUBJECT TO NEW REVIEW
CRITERIA ESTABLISHED IN SECTION 24-5-302(A) AND SECTION
24-7-404(B) was read by the deputy city clerk
Councilwoman Richards moved to read Ordinance #49, Series of 1994,
seconded by Councilman Paulson. All in favor, motion carried.
ORDINANCE #49
(Series of 1994)
AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS
EXEMPTION FOR THE CONSTRUCTION OF FOUR AFFORDABLE
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Regular Meeting Aspen City Council September 12, 1994
HOUSING UNITS AND FOUR FREE MARKET DWELLING UNITS UNDER
THE MULTI-FAMILY HOUSING REPLACEMENT PROGRAM,
SUBDIVISION APPROVAL AND VESTED RIGHTS FOR A PERIOD OF
THREE YEARS FOR THE 204 EAST DURANT PROJECT WHICH IS
LOCATED WITHIN BLOCK 77, LOTS K, L, M, N, AND O, CITY
AND TOWNSITE OF ASPEN was read by the deputy city clerk
Mary Lackner, planning office, told Council the code amendment
would allow multi-family projects to stack parking in front of
their structures. This would be a P & Z special review. One
concern is that this stacked parking is not blocking other unit's
parking. Special review will also look at landscaping to break up
auto dominance.
Ms. Lackner said there is a large spruce tree at 204 East Durant,
which the applicant requests to relocate. Ms. Lackner said this is
a multi-family replacement project and is meeting Ordinance #1
requirements for housing replacement. P & Z said it would be
alright to lose the tree. Staff feels because this is a corner
lot, the building should be redesigned to keep the tree. The parks
department comments trees like this only have a 20 percent survival
rate when they are relocated.
Doug, representing the applicant, told Council the architects have
worked hard to preserve 4 trees on the site. The building has been
set back 25 feet from the property line in order to preserve 2 of
the trees on the front of the property. Doug said the affordable
housing units are one on top of the other with stacked parking.
Doug Allen, representing the applicant, said this will be quality
affordable housing and in order to meet the design, they have to
remove one spruce tree.
Councilman Paulson asked if the present tenants are being given
first right of refusal. Allen said there are more tenants than new
units. There are 6 units and 10 bedrooms. The new project will be
4 units and 5 bedrooms. Amy Margerum, city manager, said generally
the housing office gives priority to displaced tenants. Ms.
Lackner told Council staff will have comments on the marketing plan
for the affordable units by second reading.
Councilwoman Richards said trees of this caliber are very important
and she would like to see it saved in its present location.
Councilwoman Richards said for second reading she would like to
know if the plan can be varied in order to retain the spruce trees.
Mayor Pro Tem Reno agreed he would like keeping the tree brought
up at second reading.
Councilwoman Richards moved to adopt Ordinance #50, Series of 1994,
on first reading; seconded by Councilman Paulson. Roll call vote;
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Regular Meeting Aspen City Council September 12, 1994
Councilmembers Reno, yes; Richards, yes; Paulson, yes. Motion
carried.
Councilwoman Richards moved to adopt Ordinance #49, Series of 1994,
on first reading, with specific direction to the applicants to
pursue redesign in order to save the tree with existing con straints
or to pursue PUD in order to vary setbacks and a reloca tion program
for the tree; seconded by Councilman Paulson. Roll call vote;
Councilmembers Reno, yes; Richards, yes; Paulson, yes. Motion
carried.
RESOLUTION #72, SERIES OF 1994 - Ballot Language
Amy Margerum, city manager, pointed out the city's ballot language
has to be certified by September 13. The county has until
September 19 to certify their ballot language; Council may wish to
amend or delete some questions depending on whether the transit
questions are added to the county-wide ballot. Ms. Margerum said
these questions may stand alone or they can be pulled after the
Decision Makers meeting September 14th if the county-wide election
does not go forward.
Councilwoman Richards said letting questions 3 and 4 stand alone
would give city voters a way to tell the council whether they are
on the right track or not. Ms. Margerum said staff has heard that
a decision from the electorate can help speed up the EIS process
for highway 82. Councilwoman Richards said question number 4
should state "to facilitate the relocation of existing Highway 82"
as it does in the body of the question. Councilwoman Richards said
"or other funding sources" should be dropped from the body of the
question. This relocation of existing highway will be funded in
whole or in part by CDOT.
Councilwoman Richards moved to adopt Resolution #72, Series of
1994, amending question number 4 as outlined above; seconded by
Mayor Pro Tem Reno.
Councilman Paulson said he does not want to put the relocation of
existing Highway 82 to the voters.
All in favor, with the exception of Councilman Paulson. Motion
carried.
BOARD AND COMMISSION INTERVIEWS
Council requested the city clerk's office readvertise for all
position and set the deadline for applications of November
ORDINANCE #51, SERIES OF 1994 - Bell Mountain Lodge GMQS Extension
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Regular Meeting Aspen City Council September 12, 1994
Councilwoman Richards moved to read Ordinance #51, Series of 1994;
seconded by Councilman Paulson. All in favor, motion carried.
ORDINANCE #51
(Series of 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX
MONTH EXTENSION OF THE 1993 LODGE GMQS ALLOTMENT GRANTED
BY ORDINANCE 3, SERIES OF 1993 FOR 720 EAST COOPER
AVENUE, ASPEN, COLORADO was read by the deputy city
clerk
Leslie Lamont, planning office, said this allotment was for 22
lodge units as part of the redevelopment of Bell Mountain Lodge.
This allotment will run out in February 1996; the allotments last
for 3 years. The applicants have requested a 14 month extension to
April 1997. Staff recommends a 6 month extension to August 22,
1996. The Code only allows a 6 month extension; however, the
applicants may request an additional extension after the initial 6
month extension. The applicant requests a 14 month extension due
to working with the city on the superblock or Independence Place.
Councilman Paulson asked how this allocation and extension would
relate to Independence Place. Ms. Lamont said if Independence
Place goes forward and there is a conversion to single family
townhouses, this approval would be used as part of conversion.
This is not approving the conversion. Councilwoman Richards
questioned GMQS extensions 2 years before they are ready to expire.
Councilwoman Richards said she understands that the Bell Mountain
group has delayed the project to see how Independence Place was
progressing; however, that will only be the case for so long.
Councilwoman Richards said she would only favor a 6 month exten-
sion. Ms. Lamont said in order to get a building permit by
February of 1996, the applicants will have to start on drawings;
figure out if they need to amend the approved plans to a different
type of project.
Councilwoman Richards moved to adopt Ordinance #51, Series of 1994,
on first reading; seconded by Councilman Paulson. Roll call vote;
Councilmembers Reno, yes; Richards, yes; Paulson, yes. Motion
carried.
Councilwoman Richards moved to adjourn at 7:15 p.m.; seconded by
Councilman Paulson. All in favor, motion carried.
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Regular Meeting Aspen City Council September 12, 1994
Kathryn S. Koch, City Clerk
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Regular Meeting Aspen City Council September 12, 1994
PROCLAMATION - Good Roads Day 1
................................ ..
CITIZEN COMMENTS 1
................................ ...............
COUNCILMEMBER COMMENTS 1
................................ .........
CONSENT CALENDAR 2
................................ ...............
ORDINANCE #41, SERIES OF 1994 - Aspen Institute Bonds 4
..........
ORDINANCE #34, SERIES OF 1994 - Poppies Bistro Cafe Rezon ing 4
...
ORDINANCE #39, SERIES OF 1994 - 409 E. Hopkins GMQS Exten sion 4
..
ORDINANCE #42, SERIES OF 1994 - E-911 Surcharge 5
................
ORDINANCE #43, SERIES OF 1994 - Land Use Code Amendment
Architec tural Projections 5
................................ .
ORDINANCE #37, SERIES OF 1994 - 834 W. Hallam Historic
Designation 6
................................ ...............
ORDINANCE #50, SERIES OF 1994 - Chapter 24 Text Amendment -
Parking for Multi-family 6
................................ ..
RESOLUTION #72, SERIES OF 1994 - Ballot Language 8
...............
BOARD AND COMMISSION INTERVIEWS 8
................................
ORDINANCE #51, SERIES OF 1994 - Bell Mountain Lodge GMQS
Extension 8
................................ .................
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