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HomeMy WebLinkAboutminutes.council.19951023Aspen City Council Regular Meeting October 23, 1995 Mayor Bennett called the meeting to order at 5:05 p.m. in the District Courtroom with Councilmembers Marolt, Waggaman, Paulson and Richards present. CITIZEN COMMENTS 1. Marge Babcock, Little Red Ski Haus, said Ute Cemetery is in pathetic shape and needs attention. Ms. Babcock said this may be a good opportunity for people who have community service to fix up the cemetery. This cemetery is a tribute to Aspen’s history and should be taken care of. Councilwoman Waggaman said the fences are broken and headstones have fallen over. Councilwoman Richards suggested getting the HPC and Historical Society involved. Les Holst said the Aspen Historic Trust gets involved in projects and they would be willing to work with the city on Ute Cemetery. 2. Charlie Broo ks, Aspen Printing, told Council there is going to be a block party on Cooper Avenue this weekend and the street will be blocked off. Brooks told Council he was never informed of this event. Very few business people are in favor of this as it will kill their business. Brooks said there should be a dialogue with the city before this is done. Mayor Bennett noted this is not a city project. Mary Ellen Smiddy, Feet First, told Council this was a special event to close of the streets for one day; streets that may be malled in the future. Ms. Smiddy said she walked around last week handing out information about this event. Ms. Smiddy said she received almost all positive feedback. Ms. Smiddy said some concerns from businesses were having alternative transportation and parking downtown before the streets are closed. Ms. Smiddy said a dialogue needs to take place as to the steps if this does go to the ballot and the citizens approved an expanded mall. Brooks told Council he only received negative reaction to the street closure. He is not in favor of it. Ray Lucchini, Cooper Street Pier, told Council this came on too quickly. He also got only negative responses. Mayor Bennett said Council has no plans for these two streets. There is a citizen petition drive to get a question on a special election ballot to close these two streets. Lucchini told Council he lives on Cooper street. There are a lot of people who live on this block of Cooper street and malling this block would drastically affect them. Councilwoman Richards said the petition drive will go forward regardless of the block party. Councilwoman Richards said it might be valuable to have this block party and see what discussions come out of it and what happens when the block is 1 Aspen City Council Regular Meeting October 23, 1995 closed. Councilwoman Richards pointed out this weekend is during the slow season and it might be a good time to have this block party. Lucchini said every time there is a “no drive” day, his business is down 75 percent. Mayor Bennett reiterated this is merely a one day block party, nothing more. The existing pedestrian mall is very successful. This discussion may be jumping ahead and there has not been a comprehensive look at the downtown. This is a city driven effort, not a Council initiative. Mayor Bennett suggested possible Council action are to let the block party go ahead, to say there should be no block party under any circumstance, or to try for a date later in the season with more preparation. Councilwoman Waggaman said she feels it could be useful to both sides. Ms. Smiddy told Council alot of the business along this proposed block party route have supported the event and have offered prizes for the day. Les Holst said Feet First picked a weekend that they hoped an event on these two blocks would be helpful to the merchants and draw people to town. Ms. Smiddy said Feet First would like to hear the long term concerns about malling these blocks and try to start tackling the problems. Councilwoman Waggaman suggested putting this off until Winterskol and blocking off the streets and see how it works then. Diane Moore, ACRA, told Council they are contemplating asking for a street closure for their Winterskol activities. This might fit well with this plan. Councilwoman Waggaman said this would give the committee more time to notify every business owner and get their signature on a notification letter. Ms. Smiddy agreed with rescheduling this in January. Amy Margerum, city manager, pointed out there are different problems with traffic, streets, police, during January. This will take some planning by the staff. Councilwoman Waggaman moved to rescind Feet First special event permit for October 28th and favorably look into doing this in January; seconded by Councilman Marolt. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Mayor Bennett commended John Worcester, city attorney, for his excellent work and representation of the city in the Amendment 2 case argued in front of the Supreme Court in October. 2 Aspen City Council Regular Meeting October 23, 1995 2. Mayor Bennett thanked Steve Aitken, golf cours e director, for making the city’s golf course as good as possible and for using ecologically sound solutions, increasing the biodiversity and reducing the use of pesticides and chemicals. 3. Mayor Bennett announced this week is the annual energy forum town meeting at the Jerome and encouraged people to attend. 4. Councilman Paulson said there will be a representative from a car-free resort in Switzerland talking about how this has worked in Switzerland. This will be Friday, October 27th. 5. Amy Margerum , city manager, pointed out the term of the Cozy Point Management Agreement has been changed from 3 to 2 years at the request of the city’s bond counsel. 6. Councilwoman Richards moved to table Ordinance #48, Series of 1995, Pearce Equities II Water Service Agreement, to November 13 and Ordinance #47, Amending the Liquor Code to November 27; seconded by Councilwoman Waggaman. All in favor, motion carried. 7. Councilman Marolt said he would like to pull Resolution #70, Cozy Point Management Agreement, from the consent calendar and discuss it as Action item VIII c. 8. Amy Margerum, city manager, brought up the work on Independence Pass and a possible letter to CDOT on this. Councilman Paulson moved to add Independence Pass improvements as the last agenda item; seconded by Councilwoman Waggaman. All in favor, motion carried. 9. Tom Stephenson, chief of police, told Council there has been a bear trap in the west end. Someone has been letting the bears out of the traps. Amy Margerum, city manager, told Council the staff is in the process of writing an ordinance requiring better security for trash receptacles. CONSENT CALENDAR Councilwoman Richards moved to read Ordinances 51 and 50, Series of 1995; seconded by Councilman Paulson. All in favor, motion carried. 3 Aspen City Council Regular Meeting October 23, 1995 ORDINANCE #51 Series of 1995 AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 820 E. COOPER AVENUE, LOT P, BLOCK 111, CITY AND TOWNSITE OF ASPEN, AS “H” HISTORIC LANDMARK PURSUANT TO SECTION 24-7-7-3 OF THE MUNICIPAL CODE ORDINANCE #50 Series of 1995 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING CHAPTER 24 OF THE ASPEN MUNICIPAL CODE TO WIT: SECTION 24-3-101 DEFINITIONS FOR FLOOR AREA, ACCESSORY DWELLING UNIT AND LINKED PAVILION, HEIGHT, LINKED PAVILION AND VOLUME SECTIONS 24-4-501, 24-4-502, 24-4-503, 24-4-504, 24-4-505, AND 24-4-506 AND 24-4-507 DESIGN REVIEW APPEALS COMMITTEE, MEETING SCHEDULE, PUBLIC NOTICING REQUIREMENTS AND FEE REQUIREMENTS SECTION 24-7-301 EXEMPTIONS FROM ORDINANCE 30 AND DEFINITIONS OF MINOR AND MAJOR DEVELOPMENT SECTION 24-7-302 PRE-APPLICATION CONFERENCE SECTION 24-7-304 RESIDENTIAL DESIGN STANDARDS, DEFINITION FOR PRIMARY MASS AND ACCESSORY DWELLING UNIT OR LINKED PAVILION were read by the city clerk Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Marolt. Roll call vote; Councilmembers Marolt, yes; Paulson, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #46, SERIES OF 1995 - 525 W. Hallam Historic Designation 4 Aspen City Council Regular Meeting October 23, 1995 Amy Amidon, community development department, told Council HPC, P & Z, and staff recommend approval of this historic designation along with the $2000 landmark grant. HPC found that 3 standards have been met; standard b, architectural importance, standard d, neighborhood character and standard e, community character. This is a modest structure constructed during the mining era. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #46, Series of 1995, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Marolt, yes; Richards, yes; Mayor Bennett, yes. Motion carried. KRAUT FINAL SALES PRICES AND PARKING LEASE Jim Curtis, representing the housing office, told Council he would like to give them a tour of the project before it opens. Council suggested the first week in December. The project is scheduled to be complete March 15. Councilwoman Richards said she would like to make more category 2 units. Councilwoman Richards suggested taking the prices in alternative 1 and leave them intact and put one more unit into category 2. Councilwoman Richards moved to approve alternative 1 sales price with an additional $11,000 subsidy and have 5 category 2 units; seconded by Councilman Paulson. Curtis said he would like the flexibility to lower the price of a one bedroom and make it category 2 rather than an additional studio unit. Councilwoman Richards withdrew her motion. Councilwoman Waggaman agreed she would prefer to have that flexibility to get the most category 2 units. Councilwoman Richards moved to approve alternative 1 sales price scheme with the change to have one more category 2 unit with the specific subsidy needed to be brought back to Council by the project manager; seconded by Councilman Paulson. Council said they would like to see the subsidy as low as possible. 5 Aspen City Council Regular Meeting October 23, 1995 Councilwoman Richards amended her motion to state it is not necessary to come back to Council with the subsidy but to let Council know by memorandum; seconded by Councilman Paulson. Council said they would like to see the advertising for this project in both English and Spanish. All in favor, motion carried. Councilwoman Waggaman moved to name the project Benedict Commons; seconded by Councilwoman Richards. All in favor, motion carried. Curtis recommended that the 31 spaces in the garage not used by the tenants be leased to the city for 99 years for no cost. The city will manage the spaces and lease them to the public. Fred Peirce told Council the alternative would be to condominiumize the 31 spaces. This would set up a separate ownership within the project. Peirce said he feels this is more complicated than the lease to the city. Peirce said if the city chooses to sell these spaces, they will have to go through the condominiumization procedure. City Attorney John Worcester suggested the condominiumization work could be done up front and then the city could sell any time. Curtis said they will do the survey work so the only thing left would be the legal documents. Councilwoman Richards moved to approve leasing of the spaces to the city at no annual cost with a 99 year option to purchase the public spaces and that any net profits from parking will be accrued to the city’s housing/day care fund; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #49, SERIES OF 1995 - Code Amendment Historic Landmark Lot Split Councilwoman Waggaman moved to read ordinance #49, Series of 1995; seconded by Councilman Paulson. All in favor motion carried. ORDINANCE #49 (Series of 1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, TO CREATE A PROCEDURE FOR THE CREATION OF HISTORIC LANDMARK LOT SPLITS BY AMENDING SECTION 7-1003(A)(5) 6 Aspen City Council Regular Meeting October 23, 1995 SUBDIVISION EXEMPTION, 8-105(A)(2)(3) GMQS EXEMPTION, 5-201(D) MEDIUM DENSITY RESIDENTIAL(R-6) ZONE DISTRICT, AND SECTION 7- 607 DEVELOPMENT IN AN H HISTORIC OVERLAY DISTRICT OR INVOLVING A HISTORIC LANDMARK was read by the city clerk Mary Lackner, community development department, told Council this would allow a lot split for parcels in the R-6 zone that contain historic landmarks. This would create a subdivision exemption, GMQS exemption, change the minimum lot area and width requirements. The code amendment would also create review standards for the lot split. This request is from an applicant who is looking for a way to change ownership of two parcels. This would create a way other than condominiumization and would not create any more density on the property. Ms. Lackner reiterated the parcel must contain a historic landmark, be 9,000 to 12,000 square feet and be zoned R-6. This would create 1 or 2 non-conforming parcels; no more FAR is being given. This will not be available to parcels with only new development. The 500 square foot bonus is only good for the property with the historic landmark. The FAR of the total development is restricted to duplex FAR that would have been permitted on the original lot. The applicant suggests that this lot split be reviewed and approved by the community development director, rather than Council, and that the GMQS exemption not be deducted from the quota. Ms. Lackner said staff’s concerns are the creation of non-conforming parcels in the R-6 zone; that the site plan review is done only by HPC. Ms. Lackner said the new parcel should not be able to obtain any variances available to historic structures. Jake Vickery told Council there are only 37 properties in the inventory that would qualify under this text amendment and only 21 contain historic landmarks. Vickery showed the property at 123 West Francis and a survey of this property. Councilman Marolt asked what benefit this is to the city. Vickery said retaining historic structures is important to the character of Aspen. Ms. Lackner is supporting this amendment because right now a property owner can subdivide a piece of land which circumvents the subdivision procedures; it does not go through conceptual and detailed review. Ms. Lackner said someone can also create a fee simple lot split and create the historic structure on a small lot. Councilwoman Richards asked if a person could go through the process, get historic variances and then get landmark designation. Councilwoman Richards said she 7 Aspen City Council Regular Meeting October 23, 1995 would like the sequencing addressed. Councilwoman Richards said she is concerned this may cause an acceleration of lot splits. Councilwoman Richards said she would like some examples before second reading. Councilwoman Richards asked staff to look at the value of having a full review versus a community development director sign off. Councilwoman Richards asked if there is a public notice procedure for director sign off. Mayor Bennett said he could consider a variance on the second lot only if both P & Z and HPC agreed. Mayor Bennett said this may an additional inducement to property owners for designation. Councilwoman Richards moved to adopt Ordinance #49, Series of 1995, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Paulson, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #70, SERIES OF 1995 - Cozy Point Management Agreement Councilman Marolt said he would rather do a contract for 1 year. Assistant City Manager Bill Efting said the managers wanted a 5 year contract; the city agreed to 3 years. The city’s bond counsel said they would prefer a 2 year lease. This has been amended to a 2 year lease. There is a 90 day out clause in the contract. Councilman Marolt said he is concerned about the city subsidizing an equestrian center. Councilwoman Waggaman said she supported this on the presumption there would be support from other entities or that the city could build affordable housing on the land. Councilman Marolt said the city bought the property and is now looking for the fatal flaw; this should have been processed before the city made the purchase. Councilwoman Richards said this project is viable; there is a lot of community support. It is not a subsidized equestrian center but is a valuable piece of property that would have a lot of growth pressure on it. Councilwoman Richards said she is interested in seeing the property well managed while Council is making other decisions. Mayor Bennett said the city is now getting $30,000 annually from the operation. Councilman Marolt said this should be have purchased by the Town of Snowmass or Brush Creek village. There are properties closer to Aspen that Council should have been concentrating on. 8 Aspen City Council Regular Meeting October 23, 1995 Councilwoman Richards moved to adopt Resolution #70, Series of 1995, with the amendment of a 2 year rather than 3 year term; seconded by Councilman Paulson. All in favor, with the exception of Councilman Marolt. Motion carried. COZY POINT RANCH IMPROVEMENTS Bill Efting, assistant city manager, told Council the city has learned a lot about ranch management in the last year. The new management agreement states that any improvements made stay on the facility; this was not the case in the original agreement. The improvements listed, fencing and culverts, etc, are important in running an equestrian facility. Efting told Council he toured the property with both the old and new management representatives. Efting said the fact that the old barn is a working barn adds to the value of the property. Efting told Council according to the original contract, the partners can take out the fencing, culverts, improvements to the barn. Efting said the facility is full, people want to come out there. Some of this is due to the improvements. Efting said the city staff are not ranch managers but are more prepared than there were a year ago. Efting said if the original managers were to take the improvements, the city would spend as much trying to replace them. Efting said he will get copies of the bills including hours of labor. Councilwoman Waggaman said the improvements put in by the former managers improved the ranch and it was their sweat equity. Mayor Bennett asked if there is anything on the improvements list that the city specifically said no to. Efting said no. Councilwoman Richards said the new managers will return $60,000 to the city over the next two years. These are capital improvements that will help the ranch operate. Councilwoman Richards moved to approve the purchase of the Cozy Point improvements in an amount not to exceed $41,941 after substantiation of costs and labor; seconded by Councilman Paulson. All in favor, with the exception of Councilman Marolt. Motion carried. NON-COMPLIANCE HEARING ALPINA HAUS/COPPER HORSE John Worcester, city attorney, reminded Council Savanah Limited Partnership’s subdivision agreement required they mitigate employee housing. As a part of this agreement, there were deed restrictions placed on the Alpina Haus and Cooper Horse. These properties were subsequently sold with these deed restrictions. Worcester said the housing office has been trying to get these properties into 9 Aspen City Council Regular Meeting October 23, 1995 compliance. The warranty deeds make reference to the procedures that Council has to follow under that agreement. Worcester said the first step of these procedures is that Council must make a finding that they are not in substantial compliance with the requirements of the PUD agreement. Worcester said the housing office has some evidence of that non-compliance so Council can make that determination. Worcester will then issue a written order to the Alpina Haus and Copper Horse owners that they are in non-compliance. Worcester will then ask for a formal hearing. Dave Tolen, housing director, told Council the deed restrictions on these properties became effective when the certificate of occupancy was issued for the Ritz. Tolen told Council he contacted the owners of the properties and asked them to begin showing compliance with the requirements of the deed restrictions on maximum rents, leases. Despite several phone calls and registered letters, there has been no cooperation from the owners of these properties. Not a single tenant has been qualified, there has been no evidence they are charging the proper rents, which are at or below category 1, nor that 6 month minimum leases are being given or provided to the housing office. Tolen told Council this issue was heard by the Housing Board, at which time they received a letter from the owners of the Alpina Haus/Copper Horse saying they wished to bring the units into compliance and that they needed some time. They requested a local attorney to represent them. Tolen said at the July 1995 housing board meeting of the Housing Board with no information being received, the Board voted to find the owners of the units in non-compliance. Tolen told Council since July, there has still be no information provided by the managers. Tolen said of all the properties the housing office oversees, he has never had such a lack of response. Worcester said based on this information, he would ask that Council find the owners in non-compliance. Councilwoman Waggaman moved that there is sufficient cause to believe that the owners of the Alpina Haus and Copper Horse lodges have not acted in substantial compliance with the deed restrictions placed upon those properties and the terms of the first amended and restated PUD/subdivision agreement for the Aspen Mountain subdivision dated October 3, 1988, in the following: (1) tenants have not been qualified by the Aspen/Pitkin County Housing Authority (APCHA) prior to occupancy; (2) occupancy standards and/or restrictions are not being met; (3) minimum six month leases are not being provided to tenants; (4) copies of leases are 10 Aspen City Council Regular Meeting October 23, 1995 not being provided to the APCHA as required by the housing guidelines, and further that the City Attorney be directed to issue to the respective owners of the Alpina Haus and Copper Horse lodges a written order specifying the non-compliance and requiring the owners to remedy the same within such reasonable time as the City Attorney may determine; and, thereafter take whatever steps are reasonable necessary, including litigation, to ensure compliance with the deed restrictions; seconded by Councilwoman Richards. Councilwoman Richards said she would like tenants who have been over paying rents for a period of time to receive reimbursement. Worcester said he will do that as part of this action. Worcester said he does not represent the tenants but whatever he can do to get these properties into compliance will take this into account. Worcester said this motion allows him to put the property owners on notice the city will legally determine non-compliance. All in favor, motion carried. INDEPENDENCE PASS IMPROVEMENTS Mayor Bennett asked if anyone objected to encouraging CDOT to proceed with scaling and bolting if possible. No Council objected. The Council will ask CDOT to keep blasting at the Narrows to a minimum, no blasting of the inside wall until the outside wall is designed, retain the historical significance of stone walls. Mayor Bennett said he would like to pass a resolution to CDOT saying the Independence Pass needs more study and to strongly ask for more rock bolting but take no further action until there can be full community hearing including the local and state historical societies. Councilman Paulson said these issues were thoroughly discussed with the highway department, who promised hearings. However, nothing came about and there were no hearings. Councilwoman Richards moved to endorse Mayor Bennett and Bill Efting drafting a letter to the effect of the above outlined; seconded by Councilman Marolt. Councilman Paulson said he would rather have a resolution because it has more effect than a letter. Councilman Paulson said CDOT did not even respond to the last letter. 11 Aspen City Council Regular Meeting October 23, 1995 Councilwoman Richards withdrew her motion. Councilman Paulson said the highway department wanted to proceed with this work after the pass is closed this year so he would like Council to take action as soon as possible. Councilwoman Richards moved to draft a resolution as follows: Whereas, the City of Aspen supports the Independence Pass Foundation in its concerns relating to the Narrows of Independence Pass Now, therefore, be it resolved by the City Council of the City of Aspen, Colorado, 1. The City of Aspen urges the Colorado Department of Transportation to proceed with scaling and rock bolting this fall, if possible. 2. We encourage the Colorado Department of Transportation not to do any blasting this fall 3. We encourage the Colorado Department of Transportation to analyze the historic significance of the stone walls and to invite local and state historic society comment on these, and 4. We urge the Colorado Department of Transportation to hold public hearing on the Narrows issue and to involve the U. S. Forest District and Restoration Team and all other interested parties in Aspen and Pitkin County on this historic and sensitive issue; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Richards moved to go into executive session at 8:10 p.m. for the purpose of discussing potential litigation; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Richards moved to come out of executive session at 8:15 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Waggaman moved to authorize the city attorney to intervene in the natural gas rate increase with KN Energy at not to exceed $2500; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to adjourn at 8:16 p.m.; seconded by Mayor Bennett. Motion carried. 12 Aspen City Council Regular Meeting October 23, 1995 Kathryn S. Koch, City Clerk 13