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HomeMy WebLinkAboutminutes.council.19950109Regular Meeting Aspen City Council January 9, 1995 ANNUAL MEETING ASPEN PUBLIC FACILITIES AUTHORITY Chairman Bennett called the meeting to order at 5:05 p.m. with members Reno, Waggaman, Richards, Paulson and Koch present. Richards moved to approve the minutes of the Annual Meeting of the Aspen Public Facilities Authority of January 10, 1994; seconded by Reno. All in favor, motion carried. Bennett said this entity was created in order to do the bonds on the Rio Grande parking facility. There was no other business. Waggaman moved to adjourn at public facilities authority; seconded by Paulson. All in favor, motion carried. COUNCIL MEETING CITIZEN PARTICIPATION 1. Danny Abbott said he feels the paid parking program is a bad idea. Abbott said he had to take a child to the doctor’s office in a residential zone and could not park. Mayor Bennett explained that one can park for 2 hours in a residential zone without a permit and without paying. Abbott told Council he lives in the city but is out of the permitted district and cannot get a permit. Abbott told Council skiers going to Highlands are parking on 6th, 7th and 8th and taking the bus to Highlands. This is leading to overcrowding in the area. 2. Bill Greenwood asked how many police officers are enforcing traffic on Main street. Tom Stephenson, chief of police, said every officer on duty is enforcing the traffic laws at all time. Stephenson said one officer per shift has been focusing on crosswalks on Main street. Mayor Bennett suggested another light may be warranted on Main street. Bill Efting, assistant city manager, said staff could try a “pedestrians have right of way” in the crosswalk. 3. Perry Harvey, chair ACRA, and Diane Moore, director ACRA, told Council they want to form a parking committee composed of representatives of city business people to monitor how paid parking is affecting downtown businesses. Harvey said concerned businesses can contact this committee. Mayor Bennett said the more constructive criticism and praise for this new plan, the better the plan will work. Mayor Bennett said Council has been making suggestions and ideas to make the system more user friendly. Council endorsed this committee. 4. Margaret Mitchell read a letter to Council about eliminating paid parking on Saturdays to benefit locals, skiers and families. Ms. Mitchell said the Ski Club lessons and races run on Saturdays and eliminating the parking would help with 1 Regular Meeting Aspen City Council January 9, 1995 traffic, circulation and attitude. Saturday parking could be an amenity granted to the community. Ms. Mitchell pointed out parking restrictions have always been overlooked on Saturdays. COUNCILMEMBER COMMENTS 1. Councilman Reno said he has received calls about vehicles being stored in the residential areas of town that are not permit parking. Tom Stephenson, chief of police, said the police department will investigate. 2. Councilwoman Richards said Council received a letter about a continuing problem in the west end traffic mitigation and people running the stop signs. Councilwoman Richards suggested using a video camera to help monitor stop sign abuse. 3. Councilwoman Richards brought up the new 3-way stop sign at Mill and Puppy Smith Streets. The signs seem to make it much easier to exit from Puppy Smith Street. Councilwoman Richards requested staff remove the Christmas garlands on the light poles to make the stop signs easier to see. 4. Councilwoman Richards asked if the BOCC is going to attend the work session on water. John Worcester, city attorney, suggested they should be invited to any subsequent meetings but not this work session. 5. Councilman Paulson noted there is an EIS meeting January 17 on the entrance to Aspen at the Aspen Institute. Councilman Paulson urged interested persons to attend. 6. Amy Margerum, city manager, said she forwarded to Council a memorandum about a change in the no smoking ordinance. Ms. Margerum said this is not a high priority for Council; if Council feels differently, they should let staff know. 7. Amy Margerum, city manager, reminded Council about the January 10th work session on Ordinance #35, floor area ratios and design guidelines. 8. Amy Margerum, city manager, asked for 2 Council members to work on the yellow brick school. Councilmembers Waggaman and Richards will be the representatives to meet on the school with Councilman Reno as an alternate. 9. Amy Margerum, City Manager, said there is a request from the County Commissioners to schedule a meeting once a month. Councilwoman Richards said she would be willing to do this only if there are issues on which to meet. This meeting should be canceled if there is nothing to discuss. Councilman Reno said he feels Council already has too many meetings. Council agreed to tentatively 2 Regular Meeting Aspen City Council January 9, 1995 schedule this for the first Tuesday of the month and to cancel it if there are no issues. 10. Amy Margerum , city manager, requested a work session date for Cozy Point. Council scheduled this for February 21 at 5:00 p.m. 11 Amy Margerum, city manager, said staff needs to discuss with Council the Entrance to Aspen planning process. Council scheduled this for Tuesday, January 10 at 8:00 a.m. Councilman Reno moved to continue Ordinance #61 and 66 to January 23 and Aspen Valley Bank to February 13, 1995; seconded by Councilwoman Richards. All in favor, motion carried. CONSENT CALENDAR Councilwoman Waggaman moved to adopt the consent calendar; seconded by Councilman Paulson. The consent calendar is: 1. Minutes -- December 12, 19, 1994 2. Resolution #1, 1995 -- Posting of Public Notices 3. Resolution #2, 1995 -- Adopting Official City Map All in favor, motion carried . ORDINANCE #70, 1994 - 624 E. HOPKINS HOUSING MITIGATION AND VESTED RIGHTS Kim Johnson, planning office, reminded Council at the last meeting Council discussed the housing mitigation, cash-in-lieu, and purchasing housing out of the metro area. Ms. Johnson told Council the applicant has found some housing down valley. The housing board is supportive of purchasing this property, upgrading the units, deed restricting them and selling the units in category 2. This would require additional cash mitigation to fulfill the entire requirement. Ms. Johnson said P & Z forwards a 3 to 3 vote for all cash mitigation. Ordinance #70 approves an all cash mitigation. Bill Poss, applicant, said it is difficult to build commercial or office space in town and this is a tight project financially. Poss told Council the applicants went to the housing office. They found 2 units within the Aspen Area plan to purchase. The housing office would like the applicants to look for units closer to the metro area. Dave Tolen, housing director, told Council the board was encouraged that these units would be sales units and they can be sold in category 2. This helps to balance their location. The housing board asked if the applicant could explore construction of deed restricted units in conjunction with the Maroon Creek club. 3 Regular Meeting Aspen City Council January 9, 1995 Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman said she approves having the units actually available. Councilman Reno encouraged a creative solution, like working with the schools or larger businesses on a joint project. Councilwoman Richards said this may be a good idea but it may be too late for this project. Councilwoman Waggaman moved to table Ordinance #70, Series of 1994, to January 23 for further investigation; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #69, SERIES OF 1994 - Subdivision Design Standards Bob Gish, public works director, told Council the land use code does not currently provide for any variations in the subdivision design standards, like road widths, curb and gutter. Staff recommends that design variations be permitted through a special review process. Mayor Bennett opened the public hearing. Si Coleman asked if this would require an architectural review committee. Mayor Bennett said this allows an applicant to come before the planning department and request some engineering variations. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #69, 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 #72, SERIES OF 1994 Ajax Tavern/Little Nell SPA - Amendment Kim Johnson, planning office, told Council this request incorporates 121 square feet of restaurant preparation area outside the restaurant on the patio next to the gondola. This will only be used during the ski season. Ms. Johnson said this change necessitates further parking requirement, which can be met by securing parking spaces in the Little Nell garage or paying $3600. P & Z forwards a recommendation of approval with conditions. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno moved to adopt Ordinance #72, Series of 1994, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers 4 Regular Meeting Aspen City Council January 9, 1995 Paulson, yes;’ Reno, yes; Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #73, SERIES OF 1994 - Water Service Agreement Aspen School District Phil Overeynder, water director, told Council this ordinance implements a new water service agreement with the Aspen School District to recognize the existing elementary school built in 1991 and amends an earlier agreement. This includes payment of outstanding tap fees of $128,000. The School District has agreed to dedicate water rights. Staff feels the water rights are adequate to meet the requirements of the water policies. John Worcester, city attorney, pointed out this service was provided before the AACP was adopted. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno moved to adopted Ordinance #73, Series of 1994, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Reno, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #54, SERIES OF 1994 - GMQS Amendments Stan Clauson, community development director, reminded Council they requested the number of lodge units available be amended to a maximum of 253, 11 units per year allocation. There was clarification of the exemption section on lotteries, revision to annual development allotment to delineate the number of resident units versus other AH units. The exemption section has been revised to allow 100 percent exceptional affordable projects to borrow up to 10 years allocation. Councilman Reno noted promoting environmental standards calls for completely avoiding stream margin and 8040 greenline issues. Councilman Reno asked if it would be better to rezone properties in those type of areas because they would be undevelopable. Clauson said there are a variety of ways a development might address promoting environmentally sustainable development and within a given site it may be possible to direct development to avoid stream margin or 8040. Councilman Reno said these properties do not have a choice of avoiding these reviews. Mayor Bennett said it would be more onerous to down zone these properties. Councilman Reno said he would like it noted there may be properties were stream margin or 8040 greenline cannot be avoided and maybe these properties should not be penalized by not being able to score in these areas. Councilwoman Richards moved to adopt Ordinance #54, Series of 1994, on second reading; seconded by Councilwoman Waggaman. Roll call vote; 5 Regular Meeting Aspen City Council January 9, 1995 Councilmembers Paulson, yes; Reno, yes; Waggaman, yes; Reno, yes; Mayor Bennett, yes. Motion carried. Leslie Lamont, planning office, told Council projects that are in the works and that submitted based on the old code will be continued to be reviewed and process under the old code. The new GMQS date for residential for 1995 is February 20. TRANSPORTATION PARKING ISSUES Mayor Bennett said he feels an ballot question on this issue would be better in November because it would give paid parking the summer experience. Jim Curtis said he supports taking this to a public vote in order to lessen the controversy. Curtis supported the November vote in order for the city to make some minor adjustments in the parking program and to see how this work and to see how paid parking affects traffic and congestion in the summer season. Charlie Tarver, business owner, thanked Council for sticking by paid parking and said something needs to be done about the levels of traffic in town. Paid parking is one step towards a comprehensive plan to deal with cars and traffic. Tarver told Council he asked the first 40 people in his store about paid parking; 22 were locals, 18 were guests and only one had problems with the program. Tarver urged Council if they had to have an election on this issue to wait until November. Mayor Bennett said the Aspen Area Community Plan started in 1990 and paid parking was included in the AACP since 1991. The final version of the Community Plan was issued in 1992 and there was 12 months of implementation meetings. Council and staff talked to 50 different groups in town on the AACP and parking plan. The plan was delayed because of the intercept lot. Bill Greenwood said it is important to have a vote and to have it in May. Councilwoman Richards said Council and the implementation committee discussed changes to the parking program that could be made. Councilwoman Richards said she feels these improvements need more than just 3 or 4 months to be worked out. Councilwoman Richards said there are hundreds of park and ride spaces to be built by CDOT in the next few years. All of this will have an impact on traffic and parking and how paid parking fits into a larger community plan. Councilwoman Richards said she would hate to focus the entire May election on paid parking rather than on the candidates. Councilwoman Waggaman said the first day of paid parking feels good downtown, less crowded and less milling around. Paid parking may be a way to capture the way it used to be which is more peaceful. Councilwoman Waggaman said she would prefer to wait until November to vote on paid parking in order to make changes to the parking program, like hours, days, etc. Councilwoman Waggaman agreed with the thought that if paid parking is not on the May election, it will be a major election issue for candidates. 6 Regular Meeting Aspen City Council January 9, 1995 Councilman Paulson said the country has succeeded in overpopulating itself until people are interfering with each other’s space. Councilman Paulson said the AACP addresses limiting population in the Roaring Fork Valley. Councilman Paulson said if the community cannot deal with paid parking, how can they deal with limiting population. Councilman Paulson said all the destruction of the earth is tied together. Councilman Paulson agreed there should be an election as soon as possible. Councilman Paulson said people will not do things on their own. Councilman Paulson said he does not want to see the parking program watered down until it has little effect. Councilman Reno said his thrust behind taking this to the electorate was to let the citizens come to their own conclusion about what is best for Aspen rather than have government force the changes. Councilman Reno said between now and whenever there is an election, the Council should come out and support the recommendations of the implementation committee and when these recommendations may be put in place. Councilman Reno agreed paid parking will be an issue in May whether it is on the ballot or not. Councilman Reno said he would like to see the city sell the idea of paid parking harder than they have been. Councilman Reno said Council does not need to decide at this meeting at which election to put the paid parking question to the electorate. Councilwoman Richards moved that the election shall be set for the paid parking plan and that Council will set the date by the next two Council meetings; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #3, 1995 - Denver Rio Grande Right-of-Way John Worcester, city attorney, told Council this approves the intergovernmental agreement to purchase the Denver Rio Grande right-of-way. Worcester reminded Council this has been an issue of debate for the last 6 or 8 months. In June Council decided not to approve the agreement because it provided for equal votes between all governmental entities regardless of the shares. The city would be putting in 23 percent of the purchase price with only 1 vote. Worcester said this agreement has been amended to require a consensus of a quorum that is present at a meeting when any issue is discussed. Councilman Reno moved to adopt Resolution #3, Series of 1995; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #1, SERIES OF 1995 - 303 E. Main GMQS Exemption Councilwoman Richards moved to read Ordinance #1, Series of 1995; seconded by Councilwoman Waggaman, All in favor, motion carried. 7 Regular Meeting Aspen City Council January 9, 1995 ORDINANCE #1 (Series of 1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING THE HOUSING MITIGATION PROPOSAL AND VESTED RIGHTS FOR A PERIOD OF THREE YEARS FOR GROWTH MANAGEMENT EXEMPTION, SPECIAL REVIEW, AND MOUNTAIN VIEW PLANE REVIEW FOR THE 303 EAST MAIN STREET PROJECT LOCATED ON LOT A AND THE WEST HALF OF LOT B, BLOCK 80, CITY AND TOWNSITE OF ASPEN, COLORADO was read by the city clerk Kim Johnson, planning office, told Council the site constraints and historical landmark designations have bound this small parcel. The original housing proposal was for housing on-site. Because of internal access and adequate natural light and air, P & Z and housing were not satisfied with the on-site unit. Ms. Johnson said rather than have the applicant redesign the project and go through HPC and P & Z again, the housing office and P & Z forwarded a recommendation to allow the applicant to purchase off site housing and to deed restrict it to category 1. A two bedroom unit will mitigate the entire requirement for this project. If a unit cannot be located, then cash-in-lieu would be acceptable. There will be almost 3,000 square feet of new net leasable; however most of which is in the basement and is exempt from mitigation. There is a residential free market unit above grade. Ms. Johnson pointed out the ordinance states that the housing office will review and accept any unit to be deed restricted. If this is to be cash-in-lieu, that will be referred back to Council. Councilwoman Richards moved to adopt Ordinance #1, Series of 1995, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Paulson, yes; Reno, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. BOARD APPOINTMENTS Mayor Bennett moved to reappoint Sara Garton to P & Z, to reappoint Rick Head to Board of Adjustment, to reappoint Don Erdman and Martha Madsen to HPC, and appoint Steve Saunders to the Board of Appeals, and to appoint Ray Patch to the Liquor License Authority; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to adjourn at 8:45 p.m.; seconded by Councilman Reno. All in favor, motion carried. 8 Regular Meeting Aspen City Council January 9, 1995 Kathryn S. Koch City Clerk 9