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HomeMy WebLinkAboutminutes.council.19941212Aspen City Council Regular Meeting December 12, 1994 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Reno, Waggaman, Paulson and Richards present. CITIZEN PARTICIPATION 1. Caroline MacDonald said she appeared before Council 18 months ago to note some out-of--date requirements in the conditional uses in the Code. Ms. MacDonald pointed out it was impossible to change uses from a restaurant to an interim business if the requirements could not be lifted. They would be twice subjected to parking and employee housing mitigation with the current code. Ms. MacDonald said she asked for preservation of use and flexibility of historical structures on Main street, not zoning changes in the Office zone. Ms. MacDonald said they asked for an update on antiquated historical uses on Main street. Ms. MacDonald said in March 1993, Council directed staff to look at these requests. Ms. MacDonald said they would like clarification from the city attorney about retaining their restaurant conditional use. Stan Clauson, community development director, said staff felt Council directed them to look into additional uses for the office zone on main street. Staff was also asked to look into hierarchy and preservation of uses. Clauson said there is no mandate in the Aspen Area Communication Plan for hierarchy of uses and staff feels that would be a significant departure from the current zoning ordinances. Clauson said the conditional use for this particular restaurant remains intact unless it is replaced by another conditional use. John Worcester, city attorney, said one issue is what happens to the conditional use they have for the existing restaurant since it is not currently being used as a restaurant. Worcester said this can always reopen as a restaurant. If the applicants are successful in getting another conditional use, and then they want to revert back, they would have to go through the conditional use process again. Clauson said staff maybe able to find a way to add conditional uses to landmark structures. Scott MacDonald said if a use is changed, and then they want to go back to the original use, they have to pay all the mitigation costs. Councilwoman Waggaman asked if there was mitigation for the original conditional use of a restaurant. MacDonald said they bought a parking spot, and they live on-site. This was in 1987 just as the codes were changing. Councilwoman Waggaman said there should be a review if this use changed back to a restaurant from a retail use. Councilwoman Richards said if the MacDonalds would like to apply for a conditional use for a retail use, the planning office has said they would entertain that application and consider a change to the code for the application. Councilwoman Richards said the MacDonalds seem to be asking for the ability to keep approval for more than one use. Councilwoman Richards said it would not be fair to the neighbors to change the use without neighborhood review. No location in town has more than one use guaranteed to their site. Councilwoman Richards said there is nothing to prevent the MacDonalds to apply for a retail use. Worcester said the core of the argument is whether or not there can be a hierarchical uses where one use is a lesser use than the other. Uses have different impacts from the 1 Aspen City Council Regular Meeting December 12, 1994 neighborhood standpoint. The Code currently requires a person go back every time they want to change a use so that the impacts can be addressed. Councilwoman Richards said she is not interested in changing the code to create a new hierarchy. Ms. MacDonald said instead of selling the restaurant, as business owners in the town who also live on their property, they would like some type of accommodation in order to stay part of the community. Mayor Bennett said he would have to hear from staff, HPC and P & Z whether the idea of hierarchical uses is a good one or not. MacDonald said businesses need to be able to change with the times and with their social needs. Councilwoman Richards said there is a large difference between a sit down restaurant with 50 seats and a fast food restaurant with in and out traffic. Councilwoman Richards pointed out staff and Council have a list of priorities of code changes from the AACP to examine and to adopt. 2. Doug Clayton, Ajax Tavern, requested special permission to place a tent on the gondola plaza for a culinary event on New Year's Eve. Clayton told Council he was just informed by the planning office that this would require a public hearing on Council's part. Amy Margerum, city manager, told Council she will investigate this and report back to Council. 3. Dan Kitchen thanked Council for their $1500 contribution to Sierra Club for their showed Council some pictures of elk trying to get around property fences. Property owners should be educated on how to design fences to allow elk to get around. COUNCILMEMBER COMMENTS 1. Councilman Paulson said he heard heart that there is not heat in some of the housing units at the Alpina Haus. Amy Margerum, city manager, told Council she will have the housing and building departments to check on this and report back to Council. 2. Councilwoman Richards reported that the Colorado Association of Ski Towns is preparing for a conference on growth to be held in Grand Junction in February. CAST received a state grant from the Department of Local Affairs for planning purposes. 3. Councilman Reno said he will not vote on the 1995 budget and mill levy because he was not involved in the process. Councilman Reno said he is not opposed to anything but feels he should abstain. City Attorney John Worcester agreed with this. 4.. Councilman Reno said he would like Council in the next few weeks to take a hard look at where the community wants to go with transportation and paid parking. Councilman Reno said the key to success is to get the community behind any plan. Councilman Reno said there are enough people who will pay the price to park; there will still be cars, and there will not be a lessening of pollution. Councilman Reno said the ski season is not the right time to start a new program like this. Councilman Reno said he 2 Aspen City Council Regular Meeting December 12, 1994 would like to see a comprehensive transportation proposal including paid parking put to the voter in May. Councilman Reno said he is not sure about the logistics of the intercept lot and traffic leaving town. Councilman Reno said he is against reinstituting the HOV lane for this winter. The time saved is not enough for the problems caused by it. Councilman Reno said he would prefer to do this when there are fewer tourists and also after the electorate has had a chance to vote on it. Councilman Reno said there is a strong feeling that the city has not allowed the citizens buy into the paid parking plan. Mayor Bennett said there was 3 years of meetings; two years of the Aspen Area Community Plan and one year of the transportation implementation committee. Mayor Bennett said 3 years of public participation and meeting is an extraordinary effort of public involvement. Mayor Bennett said he feels people would rather pay $.50 and park near where they need to do business. Mayor Bennett said he feels this plan will be good for businesses and for tourists. Mayor Bennett said he would prefer to have an election on this plan after it has been tried for at least one year. Mayor Bennett appealed to the community to give paid parking a try before it is condemned. Councilman Reno said free downvalley buses may remove up to 3,000 cars from town. This will go a big way towards reducing this problem. Councilman Reno said he does not feel paid parking will cut down on this problem. Councilwoman Waggaman said the paid parking program is as equitable as can be designed. Councilwoman Waggaman said the program needs to be tried in order to be understood. She is willing to take this to an election; however, it needs to be tried first. The question is choice before trying it or choice after trying it. Councilwoman Richards said there is no easy way out; people will feel divided no matter what Council does. Councilman Paulson said when he ran he said paid parking is an \answer to congestions. Councilman Paulson said after the last 18 months, he feels paid parking is not the answer. Council agreed to discuss this and transportation at the December 19 brown bag lunch. 5. Amy Margerum, city manager, requested an executive session to discuss potential property acquisition. Council set this for 7:30 p.m. after the Board interviews December 19th. Ms. Margerum requested a joint work session with the County on the growth management quota system. Council scheduled this for January 4 at 5 p.m. 6. Councilwoman Waggaman moved to add to the consent agenda Ordinance #73, 1994, water service agreement with the Aspen School District; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to remove Resolution #92, 1994, Cozy Point Designate Uses & Future Development from the consent calendar; seconded by Councilman Paulson. All in favor, motion carried. 3 Aspen City Council Regular Meeting December 12, 1994 Councilwoman Richards moved to remove request to vacate portion of alley block 26 at the request of the applicant; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to read Ordinances #72 and 73, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #72 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN AMENDMENT TO THE LITTLE NELL FINAL SPA DEVELOPMENT PLAN FOR THE PURPOSE OF ADDING APPROXIMATELY 121 SQUARE FEET OF NET LEASEABLE COMMERCIAL AREA ON THE OUTDOOR DINING PATIO FOR THE AJAX TAVERN RESTAURANT AT THE LITTLE NELL COMPLEX STREET (LOT 1 OF THE LITTLE NELL SUBDIVISION) IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO ORDINANCE #83 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL OF A WATER SERVICE AGREEMENT BETWEEN THE CITY OF ASPEN AND THE ASPEN SCHOOL DISTRICT Councilwoman Richards moved to adopt the consent calendar; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Reno, yes; Paulson, yes; Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. 1995 BUDGET RESOLUTION #89, SERIES OF 1994 AND RESOLUTION #90, 1995 MILL LEVY Rob Umbriet, budget director, reminded Council they spent the last 3 months reviewing the budget. Umbreit pointed out the total revenue budget is $31 million which is 4.8 increase over 1994 revenue budget. Sales tax is $9.5 million, budgeted at no increase over 1994. Umbreit said for 1994 sales tax is running 1.5 percent over budget, an increase of 6.5 percent. Umbreit said the revenue budget is conservative. The budget for operating expenses is $17.9 million, which is a 4 percent increase over 1994. The debt has increase to $7.5 million, an 11 percent increase over 1994, adding land purchase of Cozy Point, Snyder property and Zoline note. The largest increase in the 1995 budget is capital and 4 Aspen City Council Regular Meeting December 12, 1994 asset management which goes up to $5 from $3.9 million. The total operating budget is $30.9 million. The cash balance is projected to increase by $1.9 million of which $1.2 is a loan to the housing office to build the Kraut project. The increase from operating revenue, debt and capital is $800,000, which spread out over a $30 million budget is not a large amount. Umbreit told Council the cash balances in each fund are healthy. Umbreit told Council the mill levy is set at 5.401 mills which cannot be raised without an election. $82,000 goes to a small debt issue, $379,000 to operation and the rest of $1.5 million goes to asset management. The property tax revenue is only 1 percent higher than 1994 because there was almost no change in the assessed valuation. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards thanked staff for all the work put into the budget. It was a good process; the asset management program is working and the state of repair of city assets' is on a good schedule. Councilwoman Richard's moved to adopt Resolution #89, Series of 1994, Adopting the 1995 Budget; seconded by Councilwoman Waggaman. All in favor, Councilman Reno abstained, motion carried. Councilwoman Richards moved to adopt Resolution #90, Series of 1994, the 1995 Mill levy; seconded by Councilwoman Waggaman. All in favor, Councilman Reno abstained, motion carried. Mayor Bennett said he feels Aspen can feel proud and can acknowledge their fortunate state in the world with a balanced budget and a healthy financial outlook. ORDINANCE #68, SERIES OF 1994 -Fee Increases John Worcester, city attorney, reminded Council several years ago they requested staff look at user fees annually or bi-annually to keep up with inflation. This ordinance raises user fees throughout the city an average 4 percent. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Paulson asked if raising these fees by the inflation rate every year will increase the fees past inflation. Mayor Bennett suggested this be addressed during the 1996 budget deliberations. The fees might be tied to wage inflation instead of overall CPI. Steve Barwick, assistant city manager, said a financial task for the next year or two years will be to try to come up with a local measure of inflation. Council agreed they are interested in having staff take a look at a local index. Aspen City Council Regular Meeting December 12, 1994 Councilwoman Richards moved to adopt #68, Series of 1994, on second reading; seconded by Councilwoman Waggaman. Roll Call vote; Councilmembers Paulson, yes; Waggaman, yes; Reno, abstain, Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #71, SERIES OF 1994 -Appropriations Rob Umbreit, budget director, told Council this has been amended since first reading to include an increase to streets labor budget of $23,000 to cover retirement costs; first quarterly payment for the Snyder property, revenue $18,000 in the Wheeler fund and expenses of $13,000 most of which is for the reimbursable program; a grant for the Wildwood School; Ruedi fund offsetting revenue and expenses to distribute electricity; in transportation and parking $25,000 for SMART cards to be sent out to registered voters. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richard moved to adopt Ordinance #71, Series of 1994, on second reading as amended; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Waggaman, yes; Reno, no; Mayor Bennett, yes. Motion carried. ORDINANCE #65, SERIES OF 1994 - 204 E. Durant PUD Overlay and Variance Mary Lackner, planning office, told Council this is adding a PUD overlay to 204 E. Durant and is also request for a 0 sideyard setback. The project was redesigned in order to keep a large spruce tree on site. There are 5 issues of concern; the main issue is rental and sale of the affordable housing units. The applicants originally proposed that the employee units would be sold with a free market unit each. Council objected. The new proposal is that the affordable units be owned by a homeowners association who would manage the leasing and renting of these units. Another issue is the sidewalk on the southern boundary on Aspen street adjacent to the large spruce tree and staff recommends it be moved flush with the curb to avoid additional disturbance of the tree. Staff and P & Z recommend approval of the zero lot line on the western property boundary as it does not interfere with any adjacent properties. The right-of--way on South Aspen street is 75 feet and that is where the O lot line is going. The fourth issue is that the reconfiguration of this project to accommodate the spruce tree resulted in a 200 square foot loss in the affordable housing unit reduced from 600 square foot one bedroom to a 400 square foot studio unit. This unit also lost its on-site parking space. P & Z did approve special review of the loss of parking. Ms. Lackner said staff and P & Z recommend approval of this PUD overlay and variance with conditions. Ordinance #65 establishes the PUD for the property; Ordinance #49 is the subdivision approval for the property. 6 Aspen City Council Regular Meeting December 12, 1994 Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked if the housing authority rules will apply to the affordable units. Sunny Vann, representing the applicants, said the deed restrictions will be full Aspen/Pitkin County Housing Office deed restrictions with the difference that the fee title to the units will be held by the condominium association as opposed to a free market unit holder. Vann said the renters will meet the city's qualifications and will be determined by the owners. Vann said previous tenants will be given right of first refusal as long as the owners are satisfied. Vann said these units are attached to the free market units and the owners will have a choice of occupants. This is like requirements of the housing replacement program and the units will be rented in accordance with the housing guidelines. Vann said these units must be rented but the owners will have the ability to interview occupants, to make sure the life styles are compatible. Councilman Paulson moved to adopt Ordinance #65, Series of 1994, on second reading subject to conditions; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Richards, yes; Paulson, yes; Waggaman, no; Mayor Bennett, yes. Motion carried. Councilwoman Waggaman said she opposes this because applicants always make a compromise out of affordable housing units, not free market units. ORDINANCE #49, SERIES OF 1994 - 204 E. Durant GMQS Exemption & Subdivision Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #49, Series of 1994, on second reading amending condition #14 to state, "but shall be sold or rented through a homeowner's association to qualified individuals", and changing condition #15 to read "existing tenants of the property shall have first priority at renting or purchasing the affordable dwelling units, such right not to be unreasonably withheld as determined by the Housing Office; and changes in category of units category 2 for unit 4 and to category 1 for units 2; seconded by Councilman Reno. Roll call vote; Councilmembers Paulson, yes; Reno, yes; Richards, yes; Waggaman, no; Mayor Bennett, yes. Motion carried ORDINANCE #59, SERIES OF 1994 - 709 W. Main Historic Designation Amy Amidon, planning office, told Council the house on site was built in 1896. Staff, HPC and P & Z recommend approval finding that it meets standards of architectural importance and the standard of neighborhood character and community character. The applicants are also requesting the $2,000 historic grant for maintenance and repair. Ms. Amidon told Council there is a lawsuit pending regarding the east property boundary. Ms. 7 Aspen City Council Regular Meeting December 12, 1994 Amidon said staff is recommending landmark designation of lot G, which is not in dispute and a shed which straddles a property line is the subject of the lawsuit. The ordinance states the shed piece will be included in historic designation if the lawsuit is found in the applicant's favor. Mayor Bennett opened the public hearing. Tom Smith, representing the adjacent property owners, expressed their concern about the historic designation and the on-going litigation. Smith said he feels the way staff re- drafted the ordinance will take care of those concerns. Smith noted this property is already in the historic overlay and his clients do not feel the property warrants further designation. Councilman Reno said he has always felt that the historic designation standards are too broad; however, if the applicant requests historic designation, that should be a reason for designation. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #59, Series of 1994, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Reno, yes; Waggaman, yes; Paulson, yes; Richard, yes; Mayor Bennett, yes. Motion carried Councilwoman Waggaman moved to grant the $2,000 to the applicant; seconded by Councilwoman Richards. All in favor, motion carried ORDINANCE #54, SERIES OF 1994 - GMQS Amendments Cindy Houben, planning office, reminded Council there have been changes since first reading and staff is recommending this be continued until January in order to get comments on the changes. Ms. Houben said the metro map will be referred to in the text and the description of the neighborhood boundaries will be in the text. Ms. Houben said the number of lodge units available in the competition over the next 23 years has been adjusted to 253 from 250. The number of units available on an annual basis has been reduced to 11 units in the metro area. The lottery language has been clarified. Ms. Houben said the criteria for exception projects has been reworked. The role and authority of the growth management commission has been included. Mayor Bennett opened the public hearing. Councilwoman Waggaman moved to table the public hearing to January 9, 1995; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #64, SERIES OF 1994 -Poppies Vested Rights Mary Lackner, planning office, told Council this is vested right for 3 years. There are no issues. Aspen City Council Regular Meeting December 12, 1994 Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman moved to adopt Ordinance #54, Series of 1994, on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Waggaman, yes; Reno, yes; Paulson, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #63, SERIES OF 1994 -Charlie & Winston Lot Split Kim Johnson, planning office, told Council this12,000 square foot is located at 305 West Hallam. The applicant is seeking to divide it into two 6,000 square foot lots. Ms. Johnson said the proposal meets the criteria for lot splits. Ms. Johnson noted staff is recommending saving as many trees as possible. Marty Pickett, representing the applicant, told Council they have no problems with the conditions. There are no development plans at present. Mayor Bennett opened the pubic hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno moved to adopt Ordinance #63, Series of 1994, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Reno, yes; Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #67. SERIES OF 1994 -Real Estate Transfer Tax John Worcester, city attorney, told Council this ordinance does what the voters authorized at the November election, to extend the real estate transfer tax unti12004. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman moved to adopt Ordinance #67, Series of 1994, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Richards, yes; Waggaman, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. COZY POINT CAPITAL IMPROVEMENTS Bill Elting, assistant city manager, told Council the appropriation ordinance contained $25,000 for Cozy Point expenditures for 1994. This would leave $16,700 between the applicants requested amount and funds appropriated. This does not count the $8300 already spent on the gas improvements. The original request was $56,017. Elting said staff went out and inspected the improvements. Most of the improvements were necessary in order to open the ranch. Elting said the improvements to the house are also a wage and benefit for the ranch employees. There is little work still to be done. Elting said 9 Aspen City Council Regular Meeting December 12, 1994 he feels the work was done is an expeditious manner as possible. Connie Harvey said there are some expenditures Roaring Fork Partners is undertaking that they are not asking for reimbursement. Tim McFlynn, Roaring Fork Partners, noted staff's recommendation is to pay these capital improvements out of the capital reserve fund which will be created if revenues exceed expenses. Before revenues exceed expenses, the loan would get repaid. McFlynn requested for calendar year 1994, Council appropriate these capital improvements. Councilwoman Waggaman agreed with staff's recommendation that repairs to the houses are a different cost from the capital costs. Councilwoman Waggaman said she would like to fund these out of the capital reserve fund when there is money in that fund. Councilman Reno said it is very important when the city is in a partnership, that all parties know what is going on before any money is spent. McFlynn said the partners were working with the goal of getting the riding operation open. Councilwoman Richards moved to split the repairs and improvements to the existing house with Roaring Fork Partners and that the city pay one-half of the amount of $13,839 from the housing/day care fund and to reimburse the Roaring Fork Partners $36,193.18 for general improvements to the arena and to pay for it from the balance of money appropriated in 1994 budget, the remaining Council contingency fund and the remaining left from the general fund; seconded by Councilwoman Waggaman. All in favor, motion carried. Elting told Council staffwill be looking at condemnation and appraisal costs in 1995. Councilwoman Waggaman moved to adjourn at 8:45 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S. Koch, City Clerk 10