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HomeMy WebLinkAboutminutes.council.19950925Aspen City Council Regular Meeting September 25, 1995 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Richards, Paulson, Waggaman and Marolt present. CITIZEN PARTICIPATION 1. Norma Dolle, Little Red Ski Haus, said the Council is going to vote on the extension of the Grand Aspen hotel. There was a citizen’s committee that met for 4 hours on the compromise solution. Ms. Dolle said she feels the Little Red Ski Haus business will be jeopardized because of 75 rooms for the M.A.A. at the Grand Aspen for the next 3 years will probably take business away. Ms. Dolle told Council her lodge rented rooms to music students for $15.71/night. Ms. Dolle said she is very proud of her relationship with the M.A.A. Mayor Bennett said the citizen committee came to a consensus. Mayor Bennett said this is the first negative comment he has heard about the process or solution. Councilman Paulson said he would like to know exactly what is the long range housing plan for the music students. Councilman Paulson said he hopes the M.A.A. will form a committee to work on this so that neither the city nor the M.A.A. is put in this position again. Councilwoman Waggaman noted the Grand Aspen will not be taking in any more students than they have in previous years. Les Anderson told Council the solution of the housing problem is at the top of the M.A.A’s list and they have been working to tackle this problem for years. Anderson told Council they have looked at the solution with the Ski Company. So far there have been no answers. 2. Katherine Garland, representing friends of Remo Lavagnino, petitioned Council to dedicate a piece of land at the north end of Spring street in memory of Lavagnino, his 28 years of service on the Board of Adjustment, and his contributions to the community. Karen Chamberlain said this land is currently being used as private land. The city could reclaim it and landscape it. Councilwoman Waggaman said this is a good idea. It could also acknowledge all the volunteers on city boards by recognizing one board member. Mayor Bennett said staff will have to look at the details and report back. COUNCILMEMBER COMMENTS 1. Councilwoman Richards reported that privatization bills should be settled in the next 10 days and should be withdrawn. Councilwoman Richards said Colorado Ski Country was not behind the budget reconciliation bills and the selling of Federal land. 1 Aspen City Council Regular Meeting September 25, 1995 2. Mayor Bennett commended the Aspen sister city committee for the work done for the Sister City festival. There were delegations in town from Chamonix, Davos, Queenstown, and Garmisch with events all week. Mayor Bennett reported he and Councilwoman Richards will be leaving for Shimakappu and will attend an environmental conference. 3. Councilwoman Richards moved to appropriate $1320 for the Sister City Committee to assist with expenses for the celebration; $435 to Energy 2000 to assist Lynn Haines airfare to the Shimakappu environmental conference and up to $1000 of matching funds to assist the Energy 2000 green conference out of Council contingency; seconded by Councilman Paulson. All in favor, with the exception of Councilman Marolt. Motion carried. Councilman Marolt said he would support the expenditure for the Sister Cities. 4. Councilman Paulson nominated Councilwoman Waggaman as interim Mayor Pro Tem; seconded by Councilwoman Richards. All in favor, motion carried. 5. City Manager Margerum announced staff will be holding neighborhood meetings throughout the city to inform citizens about services, ideas, the 1996 budget. Notices of these meetings will be mailed to all registered voters and property owners as well as advertised in the paper. 6. Barbara Umbreit, community relations, told Council the participants in the Grand Aspen demolition extension roundtable were John Sarpa, Kathy McMann, Jeff Dougan (Grand Aspen); Ed Sweeney and Robert Harth (M.A.A.); Michael Behrendt, Heinz Coordes, Bruce Kerr, Joel Davenport, Charlie Patterson (small lodges) and Tim Cottrell, Bill Dinsmoor, Bil Dunaway, Bob Blaich, Penny Evans Carruth, Chuck Corey and Bill Goodnough (at-large). At a 4 hour meeting, this group came up with a solution everyone felt they could live with. The participants were very balanced. Ms. Umbreit said it was a good process. Mayor Bennett congratulated everyone involved. CONSENT CALENDAR Councilwoman Waggaman moved to read Ordinance #47, Series of 1995; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #47 (Series of 1995) 2 Aspen City Council Regular Meeting September 25, 1995 AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO MAKE THE EXPIRATION TERM OF THE SERVER CLASS OF THE ALCOHOL AWARENESS TRAINING COURSE THREE (3) YEARS was read by the city clerk Councilman Marolt said he would like to pull Resolution #63, Engineering Services for the Benedict Trail. This was added at the end of public hearings. Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilwoman Waggaman. The consent calendar is: · Resolution #62, 1995 - Temporary Municipal Judge/Bazil · Resolution #64, 1995 - Elam Asphalt Paving Contract · Ordinance #47, 1995 - Amending Liquor code - Alcohol Awareness Training · Resolution #61, 1995 - Municipal Judge Reappointment/Brooke Peterson · Resolution #65, 1995 - Change Neighborhood Advisory Committee to Pedestrian Bikeway Committee · Ordinance #33, 1995 - Grand Aspen Demolition Extension Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Paulson, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #44, SERIES OF 1995 - Historic Designation 935 E. Hyman Amy Amidon, community development department, told Council this designation was initiated by staff. Staff, P & Z and HPC recommend designation of U. S. location monument Ute #4. Ms. Amidon told Council this has been discussed for the last two years when a property owner wanted to demolish this monument. In 1994, a new property owner proposed a development for the site and wanted to know what preservation incentives were available. This was put on hold and in 1995 the current owners expressed opposition to historic designation and asked if the city were still going forward. Ms. Amidon said there is a potential building footprint of 3200 square feet on this lot, leaving the rock intact. There are also development incentives that can mitigate the impact of maintaining a historic resource, like setback and site coverage variances, FAR bonus, waiver of parking and park dedication fees, landmark designation grant, or having two detached units at the FAR of a duplex on site. Ms. Amidon told Council staff finds that Ute #4 meets 3 of the historic designation standards. Number 1, historic importance, in the summer of 1879, prospectors began to establish a mining camp and during this period Ute #4 was set as a U. S. location 3 Aspen City Council Regular Meeting September 25, 1995 monument, which would be established when there was no other public survey within 2 miles. A number of mineral surveys are tied to the monument. Ms. Amidon said this location may be eligible for the state register of historic places due to its importance of exploration of this valley. Number 2, neighborhood character, the monument is also important because of the activities related to mining history. Ms. Amidon told Council there are drilled holes in the rock from a hard rock drilling competition. Number 3, community character, the monument no longer functions for public use and it is important to preserve its integrity of location. It was chosen for survey work because it was located on a ledge with a view of the surrounding area. This is a geographic feature that has acquired cultural and historic significance and has ties to the people who settled in Aspen. Ms. Amidon told Council there are only 15 national historic landmarks in the state, one of which is Pike’s Peak. Ms. Amidon submitted letters from Philip Cohen and Carl Miller in favor of the designation. Carl Miller is from the national Mining Hall of Fame and Museum in Leadville. Chuck Brandt, representing the applicant, gave Council a photograph of the rock taken this afternoon as well as a recent survey which accurately depicts the rock on site. Brandt said the property owner has no intention of destroying the rock. Brandt said this rock is clearly not a structure nor a site as defined in the Municipal Code. This would be the only designation of a non-structure or site in private ownership in Aspen. Brandt noted out the rock is 12 feet tall and might be considered “steep slopes” and deducted in the FAR calculations. Brandt told Council with approval of the BLM, a U. S. monument may be moved. The rock could be moved to the north edge of the property closer to the curb and within the 10 foot frontyard setback, this would be less impactful on the lot. Brandt said the benefits of moving the rock are (1) it allows the historic designation to proceed and preserves the rock; (2) only the site of the rock would have to be designated; (3) the rock would be in a location that would be easier to see. The benefit to the landowner would be to remove the burden of trying to design a house in a constrained footprint and to receive HPC approvals. Brandt said the mining claims tied to this particular rock are over. Ute #4 was important in the mining days because of its height; this advantage is gone because of 3 story buildings. If the rock were moved, a brass cap would be located when the rock is moved in case surveyor need to know this location. Ms. Amidon said this particular solution has not been discussed by HPC; however, generally they are not in favor of moving historic landmarks. Mayor Bennett opened the public hearing. 4 Aspen City Council Regular Meeting September 25, 1995 Shannon Murphy, landscape architect, said to move a rock of this size would cause major damage to the rock. Larry Frederick said he favors designating this rock. Frederick said the city cherishes its heritage yet constantly finds the pressure to ignore, modify or move that history. Stephen Kanipe, neighbor, said he feels moving the rock would also damage the streets. Phoebe Ryerson said the marker belongs exactly where it is. Ms. Ryerson said she cannot conceive of moving a marker that has mathematical importance. Jeff Halverty, architect, supports the rock in place where it is. It is locus solus and very important to the layout of the town. Removing the rock and replacing it was a plaque takes away from its significance. Linda Smisek, HPC member, supported historic designation of the rock in order to keep its integrity. Les Holst, HPC member, said Aspen is disappearing rock by rock. Holst said this is where Aspen originated. Any attempt to move the rock would destroy it. Holst said this would require creative designing around the rock; it would not eliminate a structure on this site. Bolens said on the 12,000 square feet, the applicant ought to be able to design a structure. Lou Buettner, surveyor, told Council monuments are constantly being lost. In 1959 the city was re-monumented; in the commercial core, none of the original monuments are left. Buettner said there is no corner left on the original Aspen townsite monumentation set up. Ute #4 has direct ties to one of the corners and if that monument is moved, that tie and that corner is lost forever. Buettner reiterated the rock should not be moved at all. Wilk Wilkerson submitted a memorandum to Council dated August 30, 1995. Wilkerson said many mining claims located in 1880 to 1890’s required a tie to Ute #4 monument. These claims were not allowed to tie to the section corners. Mayor Bennett closed the public hearing. Councilwoman Waggaman said this rock should stay where it is. Council does not approve of moving trees, which are much less permanent than this rock. Councilwoman Waggaman said Council could direct staff not to count the rock as steep slopes. Councilwoman Richards agreed she is willing to waive the FAR reduction issue for steep slopes. Councilwoman Richards pointed out this historic designation is not a sudden discovery for the property owner; it has been in the works for at least 2 years. Councilwoman Richards said she feels it is important as a reference to what Aspen was 100 years ago. Councilwoman Richards said she cannot support the request to move the rock. 5 Aspen City Council Regular Meeting September 25, 1995 Councilman Paulson said he, too, cannot support this. Councilman Paulson said people come into Aspen and have no respect for the community. Councilwoman Richards said this may not fit the definition of site but it is as specific a site as one can get. Councilman Marolt said he feels the rock has to stay where it is. Mayor Bennett said the issues are historic significance and fairness. Mayor Bennett said he was skeptical about the historical significance until he read the background material and visited the rock. Mayor Bennett said it is clear that this rock is a direct tie back to the mining era of Aspen. Mayor Bennett said the chiseled words on Ute #4 are very impressive. Councilwoman Richards moved to adopt Ordinance #44, Series of 1995, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Marolt, yes; Paulson, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #43, SERIES OF 1995 - Amending Election Chapter John Worcester, city attorney, reminded Council they had some concerns about when campaign reporting was due and what period it covered. Worcester pointed out he amended the ordinance to read the reports are due “7 days before the election the campaign treasurer shall file a report”. Worcester said he added language to make it clear this is the final report. Worcester said he deleted language which would allow a campaign to refund excess contributions as there is a state statute that prohibits this. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #43, Series of 1995, as amended on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Richards, yes; Marolt, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #45, SERIES OF 1995 - Deed Restriction Penalties John Worcester, city attorney, reminded Council when they met with the Housing authority the issue of insuring that property owners comply with deed restrictions came up. This ordinance imposes criminal penalties and provides for a fine of $1,000/day for not complying with deed restriction. This allows the city attorney to also file a civil action to enforce the provisions of deed restrictions. 6 Aspen City Council Regular Meeting September 25, 1995 Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards said this does not superseded anyone’s existing deed restrictions but requires following through on those restrictions. Mayor Bennett asked how the attorney’s office will decide if an offense is serious enough to take to court. Worcester said these will probably be recommendations from the housing office. Dave Tolen, housing office, said this would be a measure of last resort. Councilman Paulson moved to adopt Ordinance #45, Series of 1995, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Marolt, no; Waggaman, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #63, SERIES OF 1995 - Engineering Services Contract for Benedict Trail Councilman Marolt said he has talked to residents of that area who feel there should be a lot of public input regarding this trail. George Robinson, parks director, told Council this trail starts behind the Benedict building and goes along the river to the Cooper Street bridge. Robinson said the city has been working on this trail for 5 years, and has been working with residents along the river. Robinson told Council this contract is for design and engineering of the trail; not the construction of the trail. Robinson said staff has worked on different alignments and different strategies. Robinson told Council the city owns quite a few easements along this proposed trail. The trail has been part of the Trails Master Plan for years. Mayor Bennett pointed out this trail has been on the city’s agenda since at least 1991. City Manager Margerum suggested that the engineering firm hold meetings with the residents after they have looked at the site. Councilwoman Richards said Council directed the parks department to go out and get this contract. It is a good idea to get public input from the neighborhoods. Councilwoman Richards said there is a point where this trail has to be built to connect the existing trails west of town. A lot of people have been waiting for this trail link for years. Robinson told Council in order to comply with the Army Corps of Engineers, part of the process is to look at different locations for the trail. Councilwoman Waggaman said this is a critical and sensitive area. Council-woman Waggaman said the city cannot make any judgment about putting in this trail until there is an engineering report. Mayor Bennett said it is important to let the public 7 Aspen City Council Regular Meeting September 25, 1995 have input and access to the engineers during this phase. Robinson said this is the design, engineering phase, not a construction contract. The engineers will contact the Army Corps of Engineers and the Division of Wildlife. Councilwoman Richards pointed out the city voters approved a sixth penny sales tax specifically to fund trails and open space. Councilwoman Richards moved to approve Resolution #63, Series of 1995, with the express understanding there will be neighborhood design meetings to go along with the process; seconded by Councilwoman Waggaman. All in favor, with the exception of Councilman Paulson. Motion carried. Councilwoman Richards moved to take Ordinance #46, Series of 1995, off the table; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Richards moved to continue Ordinance #46, to the next regularly scheduled meeting; seconded by Councilwoman Waggaman. All in favor, motion carried. RESOLUTION #57, SERIES OF 1995 - West Buttermilk Water Policy Compliance Phil Overeynder, water department, reminded Council this item was tabled from the last meeting in order to find this request for water extension in compliance with the Aspen Area Comprehensive Plan. Overeynder pointed out staff’s memorandum identifies areas where the proposal for water service to West Buttermilk is or is not consistent with the city’s water policies. Overeynder pointed out one area where this is not consistent with the request from the homeowners’ association is to defer some of the tap fees toward the construction of the $1.2 million infra structure improvements. Stan Clauson, community development department, told Council this is an existing subdivision of 55 parcels, most of which have been developed. The only concern would be a resubdivision or redevelopment of the area. Clauson said the West Buttermilk area was included in the AACP population count. Clauson said part of the AACP encourages employee dwelling units, which may affect the water service requirements. Clauson noted the AACP identifies several areas as potentials for intercept parking lots as part of the transportation system. Clauson said it would be appropriate to specify the Buttermilk area has some relevance to the transportation system. 8 Aspen City Council Regular Meeting September 25, 1995 Alan Marcus, Buttermilk homeowners association, told Council there are only 6 or 7 undeveloped lots. Everything there has been zoned and built out so an additional subdivision does not seem possible. Marcus said he has been negotiating with the city for years to get water extension. There is a fire hazard at West Buttermilk. Marcus said there is a home improvement district and they hope to be able to fund this through a bond issue. Mayor Bennett asked about tying the water extension to the homeowners legally not opposing an intermodel center. Marcus said he feels these are two separate issues. Marcus said the residents are not against the transportation plan as long as it is fair and sensible. Councilwoman Richards said she would support tying these together and would not prohibit individuals from their own views on transportation. Councilwoman Richards said the city extends water only as it serves the goals of the overall community. Mayor Bennett explained the city’s water policy requires extension of water be analyzed in the light of the Aspen Area Community plan, which calls for an intermodel center at Buttermilk. The AACP also endorses consistency with the Aspen to Snowmass transportation plan, which also calls for an inter-model center at Buttermilk. Marcus said he cannot speak for every homeowner; however, in the past the homeowners have worked with the Ski Company for the expansion of the Buttermilk lot. They realize there is a problem at Buttermilk which must be addressed. Marcus said the water department staff is in favor of this request to tie the loop into the airport business center, which is not tied to transportation. Councilwoman Waggaman said she feels this water extension would foster growth more quickly. When the city gives every area water that wants to be developed, more areas will decide they want to be developed. West Buttermilk is a totally rural area and may not be appropriate for city water. Councilwoman Waggaman said the city is using up their water and not getting anything back. Councilman Marolt said water and transportation issues have to be kept totally separate. Councilman Marolt said any water rights associated with West Buttermilk should be transferred to the city in return for service. Overeynder said there are no water rights associated with this application. Councilwoman Richards said she supports passing this resolution to extend water service on a preliminary basis. Councilwoman Richards said she does not support the tap fees for construction of the main lines. This should be where the pay back to the city does occur. Councilwoman Richards said she feels the city has enough water for this extension. It is important that compliance with the AACP be part of the resolution. Councilwoman Richards said if there is growth as a result of this 9 Aspen City Council Regular Meeting September 25, 1995 extension, it should be in compliance with the goals of the AACP. Councilman Paulson said he supports this resolution. Councilwoman Richards moved to approve Resolution #57, Series of 1995, for water service to West Buttermilk with the specific condition that a cooperation clause on transportation goals of the Aspen Area Community Plan be inserted to the satisfaction of Council; seconded by Councilman Paulson. All in favor, with the exception of Councilmembers Waggaman and Marolt. Motion carried. Councilwoman Richards moved to add to the end of the agenda a discussion for funding the city’s effort to the EIS; seconded by Councilwoman Waggaman. All in favor, with the exception of Councilman Marolt. Motion carried. RESOLUTION #67, SERIES OF 1995 - Agreement to Purchase Yellow Brick School Councilwoman Richards moved to go into executive session for the purposes of potential property acquisition and negotiations; seconded by Councilman Paulson. All in favor, motion carried. Council went into executive session at 8:05 p.m. The School Board joined Council in executive session at 8:20 p.m. Councilwoman Richards moved to come out of executive session at 8:35 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Richards moved to adopt Resolution #67, Series of 1995, authorizing the city manager to enter into an agreement to purchase the Yellow Brick School for day care, education and community uses, amending paragraph 17 to state “resells any portion of the property”; seconded by Councilwoman Waggaman. Councilman Marolt said he feels the school board turns to the other governments and citizens any time they need money and yet does not support programs of the other governments, like the airport expansion. Chuck Brandt, school board, said the Board has never discussed community issues or other ballot issues as a sitting board. Brandt and Jeanette Darnauer both said they would be willing to discuss this issue with Councilman Marolt. Councilwoman Richards thanked staff for all the hard work in putting this together with the School Board. Councilwoman Richards also thanked the school district for working diligently on this contract. Councilwoman Richards said this is a very unique deal, brings city resources to bear that will benefit every child in the school district and is a win/win/win situation. Long term child care will be supported in this valley. Councilwoman Richards said this offer fulfills the intent of the vote several years ago. The renovation of the Red Brick school has been very 10 Aspen City Council Regular Meeting September 25, 1995 successful. The school district has given this building rent free for 5 years to try and take care of child care and community uses and should be acknowledged for this. Councilwoman Richards said this contract fulfills the long term goals of the Aspen Area Community Plan and the in-town school sites community. This is an example of true collaborative planning between districts. Councilwoman Richards said this deal will use dedicated funding sources for their dedicated purposes; open space, child care and some general fund money. All in favor, with the exception of Councilman Marolt. Motion carried. REQUEST FOR FUNDS - Transportation/EIS City Manager Amy Margerum gave Council copies of requests for proposals that outline the issues staff feel needs to be addressed prior to the conclusion of the draft EIS. The city asked for a 90 extension to the end of the comment period of December 18. Ms. Margerum said the city needs technical help to get additional information. The concept Council approved has a lot of unanswered questions. In order to further alternative H into the EIS, these questions need to be answered. The city has received a memorandum from Ralph Tripani, CDOT, outlining his needs in order to put alternative H into the EIS. Staff also needs help in critiquing the existing draft EIS, looking at the modeling and some assumptions that have been made. Staff would like to hire technical experts for this. Staff would also like to go ahead with some graphic design help and printing in order to publish some information for the community. Ms. Margerum told Council she does not know how much this will cost. The contract will come back to Council in the next month. Staff estimates about $60,000 will be needed for this. Councilman Marolt said he feels in this process, there will never be a consensus and the agony keeps being prolonged. Councilman Marolt said he would like finality to this subject. Councilman Marolt said the governments and community have to decide what is right and not just keep having studies. Ms. Margerum said staff will try not to duplicate any efforts on this. Ms. Margerum said this end of comment period should give some finality. Councilman Marolt moved to authorize staff to spend up to $60,000 with the condition any contract come back to Council for approval; seconded by Councilwoman Richards. Councilman Marolt said this is the final round, the last procedure. 11 Aspen City Council Regular Meeting September 25, 1995 Councilwoman Waggaman said she feels that alternative H is the best solution aesthetically and she would like to have staff help with the advertising of that alternative. Councilwoman Richards said she feels this is a very necessary expense. Councilwoman Richards suggested asking Snowmass and the Pitkin for funding from the 1/2 cent sales tax to help fund this. All in favor, motion carried. Councilwoman Richards moved to adjourn at 9:10 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 12