HomeMy WebLinkAboutminutes.council.19950424Aspen City Council Regular Meeting April 24, 1995
Mayor Bennett called the meeting to order at 5:00 p.m. with
Councilmembers Waggaman, Reno, Paulson and Richards present.
PROCLAMATION - Week of the Young Child
Mayor Bennett and Council proclaimed April 24 to 28 as Week of the
Young Child and urged all citizens to recognize and support the needs
of young children in the community. Shirley Ritter told Council there
will be a parade of children from all the child care providers in the
Valley Wednesday, April 26 to help raise awareness for the children.
CITIZEN COMMENTS
There were none.
COUNCILMEMBER COMMENTS
1. Councilman Paulson said he would like Council to write a letter or
meet with the Skiing Company about the demise of the World Cup.
Councilman Paulson said this was an event that has a lot of
community participation. Mayor Bennett said he would like to hear
the Ski Company’s reasons for canceling the World Cup. Mayor
Bennett suggested this be done at a brown bag lunch.
Councilwoman Richard agreed she would like to hear the reasons
as there was a lot of community involvement in World Cup.
2. Councilwoman Richards told Council CAST is opposing the
“takings” legislation. There is a resolution in the packet to endorse this
stand. All the CAST communities are passing similar resolutions.
3. Mayor Bennett told Council he spoke at a Lake Tahoe/Truckee
economic coalition two day seminar. Mayor Bennett said there are a
lot of similar problems in other resort communities, transportation,
housing growth. Mayor Bennett said it is nice to know that Aspen is
looked up to by other resort communities.
4. Acting City Manager Bill Efting reminded Council there is a bus
leaving at 6:30 a.m. Wednesday morning for the growth seminar in
Vail. The bus will be picking participants up along the way.
5. Acting City Manager Bill Efting told Council work will be starting
on Puppy Smith and Mill street next week.
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Aspen City Council Regular Meeting April 24, 1995
6. Acting City Manager Bill Efting said the BOCC would like a joint
work session and has suggested the dates of May 15 or 16th.
7. Councilman Reno moved to have an executive session regarding
litigation at the end of the agenda; seconded by Councilwoman
Richards. All in favor, motion carried.
8. Councilwoman Richards announced there is a CAST meeting in
Glenwood Springs May 19th at 9 a.m. This will be a follow up to the
growth seminar.
CONSENT CALENDAR
Councilwoman Richard moved to adopt the consent calendar;
seconded by Councilman Paulson. The consent calendar is:
·
Resolution #22, 1995 - Deputy Municipal Judge/Art Daily
·
Resolution #23, 1995 - Contract Award - Puppy Smith Waterline
Replacement
·
Community Trust Funding
·
Sidewalk Project Contract Gibson Avenue
·
Resolution #24, 1995 - Opposing “Takings” Legislation
All in favor, motion carried.
ORDINANCE #20, SERIES OF 1995 - Amendment to Sales Tax
Code
City Attorney John Worcester told Council this was always intended to
be part of the sales tax code as amended in 1992.
Mayor Bennett opened the public hearing. There were no comments.
Mayor Bennett closed the public hearing.
Councilman Reno moved to adopt Ordinance #20, Series of 1995, 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 #18, SERIES OF 1995 - Refunding 1987 Sales Tax
Bonds
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Aspen City Council Regular Meeting April 24, 1995
Doug Smith, finance director, told Council the bonds were marketed
two weeks ago. Due to the bond market conditions, the present value
savings increased from $92,000 to $108,765. Smith reminded Council
they chose to keep a debt service reserve of $645,000 that will allow a
release of $1,104,000 from the debt service reserve to be used for
capital projects.
Mayor Bennett opened the public hearing. There were no comments.
Mayor Bennett closed the public hearing.
Councilwoman Richards moved to adopt Ordinance #18, Series of
1995, on second reading; seconded by Councilwoman Waggaman.
Roll call vote; Councilmembers Waggaman, yes; Paulson, yes;
Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried.
Steve Jeffers, Dougherty Dawkins, told Council this is the first stand
alone A rating for a resort community.
RESOLUTION #25, 1995 - Temporary Use Permit Colorado Riff Raft
Mary Lackner, planning office, told Council this is a request to store
raft equipment at the corner of Juan and Aspen streets. Ms. Lackner
said she received one letter of objection to the request. L. J. Erspamer,
applicant, told Council the raft staging is out of the base of the gondola.
Erspamer said he buys his employees bus passes, some employees ride
their bicycles to work. During the busiest times there may be 6 cars on
site. Councilwoman Richards asked if there were any complaints from
the operation last summer. Ms. Lackner said nothing was submitted to
the Community Development Department.
Mayor Bennett opened the public hearing. There were no comments.
Mayor Bennett closed the public hearing.
Erspamer said he has 8 buses, 9 vans, 6 or 7 trailers and 26 rafts. Most
of the rafts are deflated. Council complimented Erspamer on his
application. Council suggested moving this staging area to the
intercept lot or Buttermilk parking lot in the future.
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Aspen City Council Regular Meeting April 24, 1995
Councilwoman Richards moved to approve Resolution #25, Series of
1995; seconded by Councilman Paulson. All in favor, motion carried.
REQUEST FOR FUNDS - ACRA Airplane Consultant
Diane Moore, ACRA president, told Council this funding request is for
a portion of Bill Reynolds salary and is a one time request. Ms. Moore
said air service into the community is very important. This has been
discussed at brown bag lunches with Council. Bill Reynolds told
Council work needs to continue to improve Pitkin County’s airport as
well as find other carriers to come to Aspen.
Councilwoman Richards moved to approve the request for funds for
ACRA of $8,000 from the contingency fund; seconded by Councilman
Reno. All in favor, motion carried.
REQUEST FOR FUNDS - City ADU Survey
Dave Tolen, housing office, told Council P & Z has requested a survey
of all the accessory dwelling units approved in the city to see if and
how they are being used. P & Z wants this information before they
will address any more ADUs. Tolen said he has discussed this survey
with several local consultants and feels that it will cost no more than
$10,000 . Councilwoman Richards suggested contacting state
universities to see if there are interns available to do this work.
Councilwoman Richards also recommended that before the survey
goes out, Council reviews the survey questions to make sure the city
gets the information they are looking for.
Councilman Reno moved to approve a funding request for city ADU
survey of no more than $10,000 from the housing day care fund, and
that Council’s comments be taken into account; seconded by
Councilwoman Waggaman. All in favor, motion carried.
ORDINANCE #22, SERIES OF 1995 - Land Use Code Amendments
Councilwoman Waggaman moved to read Ordinance #22, Series of
1995; seconded by Councilman Paulson. All in favor, motion carried.
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Aspen City Council Regular Meeting April 24, 1995
ORDINANCE #22
(Series of 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ASPEN AMENDING THE ASPEN MUNICIPAL CODE TO WIT,
CHAPTERS:
18-3.3 HOUSING REPLACEMENT REQUIREMENTS
24-3-101 DEFINITIONS: BUILDING ENVELOPE, SATELLITE
DISH ANTENNA, FENCE, SITE SPECIFIC DEVELOPMENT
PLAN
24-5-201, 24-5-202, 24-5-203, 24-5-205, 24-5-206, 24-5-206.1, 24-5-
206.2, 24-5-207, 24-5-208, 24-5-209, 24-5-210, 24-5-211, 24-5-212,
24-5-213, 24-5-214, 24-5-215, 24-5-216, 24-5-217, 24-5-218, 24-5-
219, 24-5-220 INDIVIDUAL ZONE DISTRICT, CONDITIONAL
USES
24-5-506 DOMESTIC ANIMALS
24-5-511 SUPPLEMENTAL REGULATIONS: LANDSCAPE
MAINTENANCE
24-5-512 SUPPLEMENTAL REGULATIONS: SATELLITE DISH
ANTENNAS
24-5-702 CALCULATION OF AFFORDABLE HOUSING
IMPACT FEE
24-7-503 8040 GREENLINE REVIEW
24-7-504 STREAM MARGIN REVIEW
24-7-804 SPECIALLY PLANNED AREA INSUBSTANTIAL
AMENDMENTS
24-7-907 PLANNED UNIT DEVELOP MENT INSUBSTANTIAL
AMENDMENTS
24-7-1001 SUBDIVISION: PURPOSE
24-7-1003 SUBDIVISION EXEMPTIONS: LOT SPLITS AND
LOT LINE ADJUSTMENTS
24-7-1004 SUBDIVISION REVIEW STANDARDS
24-7-1005 SUBDIVISION AGREEMENT: CONDOMINIUM
PLAT RECORDATION
24-5-106 AMENDMENT TO SUBDIVISION DEVELOPMENT
ORDER
was read by the city clerk
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Aspen City Council Regular Meeting April 24, 1995
Kim Johnson, planning office, told Council this ordinance contains
many amendments, both substantial and insubstantial. One streamline
amendment addresses smaller satellite dishes available. The current
code has a P & Z review; this amendment would allow dishes of 24
inches or less to go only through a building permit process.
A request from P & Z and Council is to place a high priority for
existing tenants in the case of Ordinance #1 replacement housing. A
landscape maintenance requirement has been incorporated which sets a
standard for any development application that presents a site plan and
requires the landscaping to be maintained for at least 3 years. A
definition of building envelope has been incorporated and establishes
what should be inside the building envelope. Ms. Johnson said the
stream margin review has been amended and patterned after the Hallam
Lake environmentally sensitive review and requires a mandatory
setback from the river’s edge.
Councilman Reno brought up 7-1001(H) and asked if “natural and
scenic features” are defined anywhere. Ms. Johnson said it is not. In
the past in land use applications there has been significant features such
as trees or topography on a lot, which would direct sensitive
development. Ms. Johnson said there is no place in the subdivision
code that mentions this type of issues. Council suggested, “important
Scenic features, such as . . .” to give people a direction.
Councilwoman Richards suggested this be included in the definition or
glossary of terms. Councilwoman Waggaman brought up the
percentages outlined in the PUD insubstantial amendment as asked if
staff is giving themselves enough latitude. Ms. Johnson said the
percentages are not changes, what is changing is whether something is
considered a technical change or simply a change. Councilwoman
Richards said she supports making the process easier and giving the
community development director more authority; however, a PUD has
already changed the shape and size of what is allowed by code. An
adjacent property owner would not have to be notified for insubstantial
changes. Council requested staff reflect on this before second reading.
Clauson said these changes are generally very technical in nature.
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Aspen City Council Regular Meeting April 24, 1995
Councilman Reno brought up sight distance protection at corners and
said this should be more flexible as setbacks from streets are different
for each lot. Mayor Bennett agreed and said he would like this to be
flexible or a measurement that deals with the safety issue at a corner,
measuring from the corner not the lot line.
Councilman Richards brought up the housing replacement requirements
and suggested this should be a separate ordinance rather than a section
in a code amendment. Councilwoman Richards said occupancy needs
to be appropriate to the new unit. Council agreed they would like to
see a separate agenda item on this as it should not be part of a general
code amendment.
Councilwoman Waggaman said she would like to see some examples
on calculation of affordable housing impact fee so that it is more
comprehensible. Councilwoman Waggaman brought up no
development other than approved native vegetation planting taking
place below the top of the slope or within 15 feet of the top of slope or
high water line. Councilwoman Waggaman said she is concerned
about people building decks or something innocently and would like to
alert property owners near rivers. Ms. Johnson said staff could
summarize this paragraph for public notice. Councilman Reno said it
reads as the vegetation has to be approved by the city. Council
suggested staff rewrite this paragraph for second reading.
Mayor Bennett asked why 18” satellite dishes need a building permit.
Ms. Johnson said she assumed there may be building permit required to
attached these dishes to structures. Council suggested this be changed
to “building permit if required”. Councilwoman Waggaman said in 5-
201.C conditional uses about visual impact of satellite dishes it states
this shall be reduced to the highest degree “practicable” and this may
give people more latitude.
Councilwoman Richards moved to adopt Ordinance #22, Series of
1995, with the changes discussed to be reviewed at second reading;
seconded by Councilwoman Waggaman. Roll call vote;
Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Reno,
yes; Mayor Bennett, yes. Motion carried.
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Aspen City Council Regular Meeting April 24, 1995
Councilwoman Richards moved to go into executive session for the
purpose of discussing potential litigation; seconded by Councilman
Reno. All in favor, motion carried.
Councilwoman Richards moved to come out of executive session;
seconded by Councilman Paulson. All in favor, motion carried.
Councilwoman Waggaman moved to adjourn at 7 p.m.; seconded by
Councilman Paulson. All in favor, motion carried.
Kathryn S. Koch, City Clerk
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