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HomeMy WebLinkAboutminutes.council.19951113Aspen City Council Regular Meeting November 13, 1995 Mayor Bennett called the meeting to order at 5:05 p.m. in the District Courtroom with Councilmembers Paulson, Richards, Waggaman and Marolt present. OUTSTANDING EMPLOYEE BONUS AWARDS City Manager Amy Margerum told Council the Water Distribution Team - Jerry Detlefsen, John McDermott, Neal Goldsborough, Don Holbeck, Tom Dunn and Lonnie Whitmire - were nominated for exceeding their goal of reducing unaccounted for water usage. Ms. Margerum told Council the community safety team - Charlie Martin, Rocky Whitford, Shawna Minard and Tina Tveite - were nominated for outstanding teamwork, pedestrian safety week, and working with a short staff. Reed Patterson, City Clerk’s Office, was nominated for taking on extra duties, learning Municipal Court procedures, and working in hazardous conditions. Charlie Bailey, Water Department, was nominated for drafting and finalizing the city’s respiratory protection and confined space entry policies. Two police officers - Dan Glidden and Brian Heeney - were nominated for saving lives. Mayor Bennett and Council presented checks and certificates of outstanding performance to all the employees. CITIZEN COMMENTS 1. Si Coleman asked about Colorado Department of Transportation work on Independence Pass. John Worcester, city attorney, told Council whatever CDOT has done on the Pass is done. Coleman pointed out this is the same agency that is producing the entrance to Aspen and the city should take a close look at anything they produce on the entrance to Aspen. Mayor Bennett said every citizen can voice their comments on the entrance to Aspen EIS and this should be filed with CDOT before December 18th. COUNCILMEMBER COMMENTS 1. Councilman Paulson apologized for Independence Pass and the fact that he should have taken a stronger position on the Pass and the work proposed by CDOT. Councilman Paulson said he feels if he had been stronger, the city would not have had a confrontation with CDOT on the Pass. 1 Aspen City Council Regular Meeting November 13, 1995 2. Councilman Paulson thanked all city staff involved in working on the Independence Pass. Councilman Paulson said the city needs to preserve as well as conserve. 3. City Manager Margerum said RFTA would like to have a transportation development plan work session at 5 p.m. on December 7 and then meet with Snowmass Village and Pitkin County at 5:30. This will replace the meeting scheduled for November 30th. 4. City Manager Amy Margerum told Council staff will report on the recently held neighborhood meetings, which were successful. Barbara Umbreit, community relations officer, told Council there were 8 meetings with over 100 people in attendance. The most often cited concerns were animal control, enforcement of the leash law, dog feces, the need for more street lights, more trails and sidewalks, and more street maintenance. Ms. Umbreit told Council the citizens like the idea of the meetings and staff hopes to hold these on an annual basis. Ms. Umbreit said staff asked for the priorities of those in attendance and the top 5 were more pedestrian safety improvement, mores treet maintenance, better maintenance of City infrastructure, pro-active zoning, and better in-town transportation. Councilman Marolt said the citizens who attended these meetings are not necessarily the ones who attend Council meetings. Mayor Bennett complemented staff on these meetings. Mayor Bennett pointed out of the top 5 priorities, the city is already active in pedestrian safety, street maintenance and infrastructure maintenance. CONSENT AGENDA Mayor Bennett requested the Request for Funds to ACRA be taken off the consent agenda and placed at the end of the regular agenda. Councilman Paulson moved to read Ordinance #32, Series of 1995; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #32 Series of 1995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND 2 Aspen City Council Regular Meeting November 13, 1995 USE REGULATIONS TO ADOPT SCHOOL LAND DEDICATION STANDARDS BY CREATING A NEW DIVISION OF THE LAND USE CODE SECTION 24-7-1004(C)(5) was read by the city clerk Councilman Marolt moved to adopt the consent calendar as amended; seconded by Councilwoman Waggaman. The consent calendar is: · Minutes - October 23, 1995 · Resolution #77, 1995 - Holy Cross Easement for Electric Poles · Ordinance #32, 1995 - Text Amendment - Aspen School District · December Council meetings - December 11 and 18 · Resolution #75, 1995 - Consulting Services/Data Communications network · Resolution #76, 1995 - Hardware/Software Contract/Data Communications Network Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #52, SERIES OF 1995 - Refunding Cozy Point Debt Doug Smith, finance director, reminded Council the first reading of this Ordinance was October 30th. This is to refund the debt incurred in 1994 when the city purchased Cozy Point ranch. The interest on that purchase was 9 percent; this refunding and reissuance of bonds will take the interest to 5 percent. Smith said this will save the city approximately $100,000 per year. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked what the issuance costs would be. Smith said $18,000 for insurance, $45,000 issuance costs and $28,000 for underwriter’s discount for a total of $91,000. Smith told Council the bonds mature in 2005 so there will be almost $1 million in savings. Councilman Marolt said he cannot go along with funding of Cozy Point for any reason; however, this does sound like a good deal. Mayor Bennett suggested the Council not allow the final decision on Cozy Point to go longer than another 24 months. At that time, the plan should be fully in place, or the property put back on the market and sold. Councilwoman Richards said she is willing to look at the options as soon as the fatal flaw analysis is out. 3 Aspen City Council Regular Meeting November 13, 1995 Councilwoman Richards said since the city will recoup the money in the first year, she is willing to go along with the refunding. Councilman Marolt suggested putting the Cozy Point issue on the ballot and letting the voters decide. Steve Jeffers pointed out there is the flexibility to do that in the bond documents. Councilwoman Richards moved to adopt Ordinance #52, Series of 1995, on second reading; seconded by Councilman Paulson. Roll call vote; Council members Richards, yes; Waggaman, yes; Marolt, no; Paulson, yes; Mayor Bennett, yes. Motion carried. Amy Margerum, city manager, told Council the fatal flaw analysis is complete and a copy has been sent to the County Commissioners, Brush Creek and Woody Creek homeowners. After Council has read this, they will set up a meeting with the Commissioners. Councilwoman Waggaman moved that the final determination about Cozy Point be made as soon as possible and no later than 18 months; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #49, SERIES OF 1995 - Code Amendment Historic Landmark Lot Split Mary Lackner, community development department, pointed out she tried to answer all of Council’s questions from first reading in her memorandum in the packet. This code amendment would allow lot splits on lots between 9,000 and 12,000 square feet on historic parcels in the R-6 zone. This is a historic preservation incentive. This would restrict the FAR to that of a duplex. It does create non-conforming parcels. The HPC is the primary review agency; they will look at compatibility with the neighborhood. Jake Vickery, applicant, said there are 6 or 7 parcels that could take advantage of this code amendment. This increases the flexibility of dealing with historic resources and increases the incentives given the historic landmarks. Vickery said he feels this encourages more reasonable and authentic restoration efforts and reduces the amount of demolition. This would also simplify the methods of ownership. The amendment would create more smaller houses and fewer larger houses. Mayor Bennett opened the public hearing 4 Aspen City Council Regular Meeting November 13, 1995 Si Coleman asked how many sites this would affect. Vickery said there are 21 sites but only 6 that have not been developed. Councilman Marolt asked if the parcels that have already been developed can take advantage of this. Vickery pointed out there are no variances associated with the second lot, the lot not containing the historic structure. Vickery said he feels this ties the hands of the HPC. Vickery said staff has recommended that variances be handled by the Board of Adjustment. Ms. Lackner said the HPC will grant variances for the parcel containing the historic structure. The other parcel would not be permitted to acquire variances through HPC. If they need a variance, it will have to be through the Board of Adjustment. Ms. Lackner said staff is not supporting variances through HPC for the new lot as with an empty lot there is a lot of flexibility. Staff is not comfortable giving HPC full reign to give these types of variances. Vickery said this will eliminate a lot of need for variances. John Worcester, city attorney, agreed that the new lot without a structure should be reviewed by the Board of Adjustment; they have the expertise to look at undeveloped lots. Being located next to a historic structure and the small size of the lot may create a hardship. Vickery said the $2000 designation grant and waiving of the park dedication fees were granted to this particular project as part of the landmark designation. Vickery asked if these were still approved. Ms. Lackner said nothing of those landmark designation conditions have changed. Mayor Bennett closed the public hearing. Councilwoman Waggaman moved to adopt Ordinance #49, Series of 1995, on second reading; seconded by Councilman Marolt. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Marolt, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #50, SERIES OF 1995 - Minor Text Amendment to Residential Design Standards David Michaelson, community development department, told Council staff drafted these amendments based on staff and applicant’s responses to the design review standard ordinance. There has been some language clarification, such as volume metric, accessory dwelling units. The name Design Review Advisory Board, has 5 Aspen City Council Regular Meeting November 13, 1995 been changed to Design Review Advisory Committee. The new ordinance requires posting a notice on the property to give 5 days notice of the hearing. Michaelson told Council an exemption has been added for architectural replacement as long as it does not affect the character of the structure. Also these were divided into minor and major development reviews. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richard moved to adopt Ordinance #50, Series of 1995, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Marolt, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #76, SERIES OF 1995 Snyder Annexation John Worcester, city attorney, told Council this initiates the annexation of city- owned property known as the Snyder property. This resolution puts on record the finding and compliance and also sets the date for the public hearing as January 8, 1996. The resolution directs the city clerk to give public notices and also directs the city manager to initiate zoning proceedings for the parcel. Councilwoman Richards moved to adopt Resolution #76, Series of 1995; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #55, SERIES OF 1995 - Text Amendment Resident Occupied/AH Councilwoman Waggaman moved to read Ordinance #55, Series of 1995; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #55 (Series of 1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SECTION 24-5-206.2 TO PROVIDE MORE DESIGN FLEXIBILITY WITH A PLANNED UNIT DEVELOPMENT 6 Aspen City Council Regular Meeting November 13, 1995 OVERLAY, AMEND THE ALLOWABLE FLOOR AREA, AND AMEND THE BEDROOM MIX BETWEEN AFFORDABLE AND FREE MARKET UNITS IN THE AFFORDABLE HOUSING ZONE DISTRICT was read by the city clerk Cindy Houben, county planning director, reminded Council one of the goals in the Aspen Area Community Plan was to have 60 percent of the work force living in the metro area within 23 years. This would require an aggressive affordable housing zoning approach in order to have private sector developers work with the city and county governments. Ms. Houben said in the growth management revisions, staff came up with several different categories; free market units, free market units associated with the AH zone; and affordable housing done at 100 percent which would be deducted, and resident occupied units. Ms. Houben said the affordable housing zone district has been worked on with both city and county P & Z and has been to both Council and the BOCC. There are several areas that need discussion and consensus from Council. Leslie Lamont told Council there are amendments that seem to have consensus from Council, at their work session, and the joint P & Z. These are changes to the resident occupied program. The P & Zs felt a special review procedure should be established for employment requirements, primary residency and income earnings. Ms. Lamont said Council has seen the proposal for the sliding scale to be used for the total floor area allowed within an AH project. The numbers within the sliding scale have not changed. Ms. Lamont said staff is proposing this be a mandatory PUD overlay which would allow better site design; side yard setbacks, dimensional requirements would be set through the PUD review process. The underlying zoning before AH would be used as a guideline. The third issue, category 5, was dropped at the Council work session as not needed. There are also amendments offered by the P & Z. There has always been a 70/30 split in the AH zone for the number of units; there has also been a 60/40 bedroom split. Staff is proposing both the units and bedrooms be 70/30 split. Ms. Lamont said staff has also discussed at what point there are too many regulations for people to use the zone district. P & Z suggested a 70/30 bedroom split as the bottom line but if an applicant comes in with extra incentives in their proposal, they may be allowed a 60/40 bedroom split. Staff is concerned the city will never get a 70/30 split. Ms. Lamont said staff will have to work on special review criteria to give guidance why approval should move off the 70/30 split. 7 Aspen City Council Regular Meeting November 13, 1995 There are also amendments P & Z did not approve. One of these is the developer’s choice. The current policy is if a developer is proposing a project, they get first pick on receivers of deed restricted and RO units. The housing office feels strongly this is an encouragement for developers and locals to work together. Staff has suggested percentage of developer’s choice. Staff does not want to discourage locals from working for a project; however, they do not want to encourage people getting units who are not qualified. Another issue is transferring affordable housing development responsibility off the parcel. Ms. Lamont said the discussions have focused on lots lees than 15,000 square feet on which it is difficult to meet the 70/30 split, the bedroom split and still provide quality units. If a developer were able to transfer units to another parcel, the city may get better site design and better quality units. Affordable units invariably suffer on a tighter site. Councilwoman Richards said without standards, everyone will come in for 60/40 bedroom split. Councilwoman Richards said she does not feel RO will work for 85 percent of the community. Councilwoman Richards said criteria should also be developed for off-site . The idea for free market/affordable units was that the project be mixed and the quality of the affordable units match those of the free market. Councilwoman Richards said another issue is what happens when all the RO units are built. There should be a descending total to see what happens when these units are all built. Councilwoman Richards said she thought there was agreement on anti-speculation if units were sold within the first 3 or 4 years. Councilwoman Richards supports maximum occupancy and top priority for 4 or more years in the community. Mayor Bennett requested a short memorandum outlining what is left of the difference between standard GMQS and AH at this point. They are both 70/30; they both come out of the quota. Mayor Bennett said all development in the future may be AH. Mayor Bennett said he would like additional analysis of the sliding scale square feet for second reading. Mayor Bennett suggested comparisons to existing projects, like William Woods. One scale may not fit all locations. Mayor Bennett said he would like to hear more about the 70/30 and 60/40. Developer’s choice he would agree with the housing office and there should be minimum qualification guidelines. Mayor Bennett said he would like more information on transfer of development rights, what that means to the other parcel, does that replace the development rights or add to them of the other parcels. Ms. Houben said the difference is that under AH one does not have to compete with other developments for GMQS. 8 Aspen City Council Regular Meeting November 13, 1995 Councilwoman Waggaman said she agreed with the anti-speculation clause. There should be special review for applicants who do not exactly fit the criteria. Developer’s choice is an incentive and should be allowed. Councilwoman Waggaman said she would support the 60/40 split as long as there is criteria to back this up. Councilman Marolt said transfer of development rights is important to make the program work. Councilman Marolt said he would agree with elimination of the deed restrictions after 5 years. Ms. Lamont said the elimination of deed restriction was for category 5 units, which have been deleted. Councilmembers Richards and Paulson said they would like to know where this program is headed. Councilman Paulson said he feels people who sell deed restricted units ought to pay an impact fee or something when they sell to help other employees get into affordable housing. Councilwoman Richards pointed out the city’s affordable housing units all appreciate at 3 percent or less. This will apply to the private sector. There is no tax subsidy going into the AH units built by the private sector. Councilman Marolt said employee housing is a subsidy that will never get paid back to the taxpayers. Mayor Bennett pointed out the tax payers voted for employee housing tax. Councilwoman Waggaman said the employers benefit from this employee housing more than employees. Councilman Marolt said the housing program is coming together and is making sense. Councilwoman Richards moved to adopt Ordinance #55, Series of 1995, on first reading; seconded by Councilman Paulson. Councilwoman Richards suggested having the changes and amendments available so staff can go through these at second reading and either add them to the memo or not. Council agreed. Roll Call vote; Councilmembers Paulson, yes; Waggaman, yes; Marolt, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #54, SERIES OF 1995 - Text Amendment GIS Updating Councilwoman Richards moved to read Ordinance #54, Series of 1995; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #54 9 Aspen City Council Regular Meeting November 13, 1995 SERIES OF 1995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 24-7-1004, 24-7-1005, 24-3-101, 7-106 AND 19-90 TO REQUIRE DEVELOPMENT APPLICATIONS FOR BUILDING PERMITS, AND SUBDIVISION PLATS TO CONTAIN CERTAIN INFORMATION IN DIGITAL FORM FOR USE WITH THE CITY’S GEOGRAPHIC INFORMATION SYSTEM was read by the city clerk Mary Lackner, community development department, told Council this is a staff initiated code amendment changing the submission requirements for subdivision, building permits and work within rights-of-ways will be submitted digitally. This will enable city staff to update the geographic information system. Ms. Lackner told Council streets, utility poles, street lights are being installed and the city is not capturing that new information. Ms. Lackner said small additions to houses will not be required to supply this information. Mayor Bennett suggested “if required” be added to make it clear that small additions do not need to go through all of this. Councilwoman Richards moved to adopt Ordinance #54, Series of 1995, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Waggaman, yes; Marolt, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. BOARD INTERVIEWS Council requested all vacancies be advertised for another month. REQUEST FOR FUNDS - ACRA Mayor Bennett said the request is to consider a $2,000 contribution to the ACRA to assist Business Express airlines setting up business to Aspen. Mayor Bennett said the recent election of the airport was very emotional and voters rejected the questions. Mayor Bennett said he is willing to contribute more than $2,000 if it helps to get new airlines coming into Aspen this winter. Councilwoman Waggaman said she feels this is a community effort; the contribution to Business Express will be refunded next year if it is successful. Councilwoman Waggaman said the city contributing money may encourage other businesses to do so. The ACRA is trying to get $45,000 for Business Express and $45,000 for advertising in order to get passengers. 10 Aspen City Council Regular Meeting November 13, 1995 Councilwoman Richards pointed out this is a businessman’s share based on the size of the business. Councilwoman Waggaman said everyone takes advantage of the Chamber and it is voluntary membership. Councilwoman Waggaman said the ACRA decided to ask only members to contribute. Councilman Marolt said all people in Aspen benefit from the tourists. Without this tourist business, people would not have the income and the tax revenue. Councilman Marolt said the airport keeps the town going and the airport has to be taken care of sometime. Councilwoman Richards moved to approve $2,000 from Council contingency for the purpose of marketing air service through the ACRA; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to adjourn at 7:10 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 11