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HomeMy WebLinkAboutminutes.council.19951211Regular Meeting Aspen City Council December 11, 1995 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Paulson, Waggaman, Richards, and Marolt present. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Mayor Bennett read into the record: “Whereas the citizens of Aspen are getting restless, bored and impoverished and are losing the hard won muscle tone they achieved through all those ski conditioning classes, and Whereas the streets of Aspen are getting dry and dusty and our residents and guests would rather awaken to the sound of a snow plow rather than a street sweeper, and Whereas the ski patrol are resting their poles, the street department is resting on their shovels and all the rest of us have rested too long. Now, therefore, be it resolved that the Mayor and C ity Council of Aspen will herewith form a task force of citizens, visitors, and valley residents to light fires, perform dances, recite incantations, call in markers, do whatever it takes to implore the gods of snow to shower abundant and glorious snow down upon us. Let it snow, Let is snow, Let it snow. Councilwoman Waggaman moved to add this to the agenda; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to adopt the resolution; seconded by Councilwoman Waggaman. All in favor, motion carried. City Attorney Worcester noted the emergency nature of this resolution is self- evident and that is why it is being added to the agenda. RESOLUTION #83, SERIES OF 1995 - 1 Regular Meeting Aspen City Council December 11, 1995 Mayor Bennett read: A resolution of the City Council of the City of Aspen, Colorado, supporting the Pitkin County Commissioners and supporting the traditional democratic election process Whereas controlling our growth and preventing suburban sprawl in the rural and remote areas of Pitkin County helps preserve our valley for future generations, and Whereas restraining development in our wild and scenic areas is a common sense step benefiting nearly all citizens, and Whereas our quality of life and our environment are mutually inter-dependent and both would be harmed by over-development of our rural and remote areas and Whereas the efforts of the Pitkin County Commissioners to protect our rural and remote areas has lead to a recall effort aimed at removing them from office, and Whereas, the recall provisions of the Pitkin County Charter were written to protect citizens from serious malfeasance in office or criminal behavior, not to punish elected representatives for acting in what they believe are the best interests of the community, and Whereas a recall election, if held, would likely be in April of 1996 and a regular county-wide election is already scheduled for November 1996, only 7 months later, and Whereas, a recall election campaign in Pitkin County would be extremely divisive and would seriously undermine our sense of shared community Now, therefore, be it resolved by the City Council of the City of Aspen, Colorado that (1) We respectfully call on the organizers of the recall effort to refrain from using recall procedures for political aims. (2) We further request that citizens not sign recall petitions for anything less than an elected official’s serious offense while in office. (3) We ask citizens who do not agree with governmental decisions made by the Pitkin County Commissioners to express their disagreement next November in a full and fair debate during the regular election campaign or through the referendum process as these are the proper recourses for citizens in a healthy democracy. (4) We urge the citizens of Aspen and Pitkin County to consider the greater community good and to avoid a return of the divisive and destructive politics of recall campaigns. 2 Regular Meeting Aspen City Council December 11, 1995 Councilwoman Richards moved to adopt Resolution #83, Series of 1995; seconded by Councilwoman Waggaman. Councilman Marolt said he was elected by the people and has to live with what they decide. If the voters feel they were wronged by the actions of the county commissioners, he will stand by those citizens. All in favor, with the exception of Councilman Marolt. Motion carried. 3. Councilwoman Waggaman reminded the community that 24 hours of Aspen is in progress and anyone up at 2 a.m. should go cheer the racers on. 4. Mayor Bennett reminded the citizens that anyone who wants to comment on the Entrance to Aspen EIS, the deadline for these comments is December 18th. 5. Amy Margerum, city manager, said CDOT has asked for a representative to the steering committee on a statewide commuter rail. The Council representatives will be Georgeann with Max as an alternate. 6. City Manager Margerum gave Council a proposed schedule of work session for the first two months of 1996. January 16 is proposed to be a Cozy Point work session. If this is all right with Council, staff will invite all interested parties. Councilwoman Richards said she would like to move up the work session with the housing board and real property acquisition. Councilwoman Richards said Cozy Point is in the county and she would like a joint work session with the Commissioners. Mayor Bennett said he would like to stay with Council’s stated priorities; the downtown pedestrian plan, in town transit, and government simplification. Mayor Bennett said Cozy Point has no particular deadline. Ms. Margerum suggested the January 2nd work session be an outline of meetings to fit in with Council’s priorities. The Cozy Point work session will be put off until later. 7. City Manager Margerum requested Council schedule a special meeting to pass a final resolution on the EIS comments. This meeting will be December 18 at 9:30 a.m. CONSENT CALENDAR 3 Regular Meeting Aspen City Council December 11, 1995 Councilman Marolt asked that Resolution #82 regarding the lease for Willoughby Park be taken off the consent calendar. Councilman Paulson moved to adopt the consent calendar as amended; seconded by Councilwoman Waggaman. The consent calendar is: · Minutes November 13, 27, 1995 · Resolution #81, 1995 - Contract for Street Signs All in favor, motion carried. RESOLUTION #78, 1995 - 1996 Budget Rob Umbriet, budget director, told Council there have been 3 changes to the budget since the public hearing. These are 3 additions to the Asset Management Plan; pedestrian downtown design $60,000, a portion of the climbing wall at the Red brick $10,000 and police radar speed display units $6,000. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Resolution #78, Series of 1995, adopting the 1996 budget; seconded by Councilman Paulson. All in favor, motion carried. Mayor Bennett thanked staff for the job they did in making this a much easier and clearer process for the Council. RESOLUTION #79, SERIES OF 1995 - Certifying the 1996 Mill Levy Rob Umbriet, budget director, told Council this Resolution adopts the mill levy at 5.401 mills, the same as 1995. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Resolution #79, Series of 1995; seconded by Councilman Marolt. All in favor, motion carried. ORDINANCE #53, SERIES OF 1995 - Fee Increases for 1996 4 Regular Meeting Aspen City Council December 11, 1995 John Worcester, city attorney, reminded Council this ordinance does not impose new fees on city services but it codifies existing fees into the Municipal Code and is also an attempt to match the cpi increases. Since first reading in the public right-of- way construction license fee has been amended to state in Section 16, “the public right-of-way license fee may be waived or reduced at the discretion of the community development director upon a showing of hardship or a situation where the fee may be excessive for the work proposed”. Council was concerned that the $250 fee may be excessive in some instances. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #53, Series of 1995, as amended; seconded by Councilwoman Waggaman. Councilwoman Richards pointed out part of being able to keep the property tax mill levy low is when users pay the actual costs of the services they are getting, like golf course, recreation. Roll call vote; Councilmembers Marolt, yes; Paulson, yes; Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #54, SERIES OF 1995 - Text Amendment GIS Updating Mary Lackner, community development department. told Council the ordinance changes the submission requirements under subdivision, building permits and work within public right-of-ways to allow for updating the GIS. The current information on GIS was done from a 1991 flyover. Staff is asking for this information to be given in digital format so it can be put on GIS. Ms. Lackner pointed out at first reading Council had some concerns about minor development. This has been defined in the building permit section as development to mean works that changes less than 20 percent of the existing footprint of the building. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Paulson moved to adopt Ordinance #54, Series of 1995, on second reading as amended; seconded by Councilwoman Richards. Roll call vote; 5 Regular Meeting Aspen City Council December 11, 1995 Councilmembers Richards, yes; Waggaman, yes; Paulson, yes; Marolt, yes; Mayor Bennett, yes. ORDINANCE #55, SERIES OF 1995 - Text Amendments to Resident Occupied/AH Cindy Houben, county planning director, reminded Council this is a code amendment for the affordable housing district and to the housing authority guidelines for resident occupied units. Ms. Houben reminded Council at first reading Council had several suggestions for the ordinance. Ms. Houben said staff developed criteria to look at the distinction between a 60/40 project and a 70/30 project. The standard is to have 70 percent affordable housing; however, if a project meets certain criteria, the project may be able to be reduced to 60 percent affordable housing. Ms. Houben said the ordinance has been amended to include lots as well as units for affordable housing. Ms. Houben said Council questioned the difference between the affordable housing zone district and the growth management quota system. Ms. Houben said in the past there has been a separate system for the GMQS allocations and exemptions. Any number of exemptions were allowed and no fewer then 30 percent of the annual allocations could be given out in any year. The meant there was always 30 percent of the base allocation available for residential development. During the Aspen Area Community Plan, Duncan and Associates reviewed the GMQS system and did a growth and balance paper. This paper noted that most of the growth came from the exemption section. The planning staff looked at all the exemptions and felt that some of these are no longer applicable; some should be maintained but should be deducted from the annual allocation. There are some exemptions that do not require deduction. There is now one accounting system for all this growth so that the exemptions are not allowing development to exceed the 2 percent goal of growth per year or 30,000 cap in the metro area. Ms. Houben said the new system intends to require a new standard of 60/40 for all new subdivisions. Ms. Houben said an exemption should get a higher ratio of affordable housing or a better quality of housing. Ms. Houben said the community still feels the growth management system is valuable for this community and no one was willing to just give it up. Ms. Houben reminded Council in order to establish a pool of resident occupied units and stay 6 Regular Meeting Aspen City Council December 11, 1995 within the goals, these units were taken out of the AH category. People who would qualify for RO units are employees of the community and there is no public subsidy except for density. This should give developers more incentive. Ms. Houben said this is limited to 184 total units, which staff and Council felt was a reasonable number of resident occupied units. Ms. Houben said Council indicated they were not wild about the concept of TDRs (transfer of development rights). Staff suggests deleting it from this ordinance and addressing a specific code amendment when needed. Council agreed. Councilwoman Waggaman said she does not want to be unprepared when the concept is presented to Council and adopt something not carefully thought out. Councilwoman Richards said she would like to see the same amount of care go into developing a TDR program with the county. Ms. Houben said this concept is to address a lot that is too small to contain both the free market and affordable component. Staff wants to develop a mechanism to split these two types of development. Dave Tolen, housing director, pointed out a comparison of the sliding scale in the Council’s packet which shows 5 previously developed sites and compares the old and new guidelines. Tolen said in 4 cases the sliding scale would not have made any difference. The only exception was the co-housing, which is on a site larger than 15,000 square feet. This development is very close to the upper limit of the sliding scale. Mayor Bennett asked if there is still discretion for Council to say AH projects are too dense. John Worcester, city attorney said this would does not become a guaranteed right to floor area. Tolen said in the original discussions with the housing board about resident occupied units, the compromise was the price for the RO units would be set by the developer but that subsequent resales would be capped at 4 percent annually. There was also an anti-speculation provision, which is in the first 3 years of ownership, a seller would not realize any appreciation. Tolen said in a sale of an RO unit within the first 3 years, there would be sales and closing costs associated and the seller would lose money on the transaction. Tolen said Council may reconsider allowing a seller to recover some of these costs. Tolen said the housing Board feels there is no guarantee that a seller will get maximum price. Mayor Bennett said he would favor allowing a person to at least recoup their costs. Councilwoman Richards agreed there should be a way to at least recover one’s costs and suggested referring this to 7 Regular Meeting Aspen City Council December 11, 1995 the housing office for definition of “selling costs” and an equitable way to recover these costs. Councilwoman Waggaman suggested also looking at the appreciation of 4 percent and having it 4 percent or cpi, whichever is less. Ms. Houben pointed out the criteria for allowing 60/40 is the same criteria for exceptional projects for multi-year allocations under growth management. Ms. Houben said criteria states that no RO units are in the project; that the project only contains category units. Councilwoman Waggaman said if no projects come forward under this criteria because no RO units are allowed, that this be reconsidered. Mayor Bennett said the criteria is reasonable and all of the criteria should be met in order to qualify for 60/40. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #55, Series of 1995, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Marolt, no; Waggaman,. yes; Richards, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to request that the housing authority review the question of equity in recouping basic costs to sell a unit within the first 3 years non- appreciation period; seconded by Mayor Bennett. All in favor, motion carried. ORDINANCE #32, SERIES OF 1995 - Text Amendment School District Fees Mary Lackner, community development department, told Council the School District is requesting legislation within the land use code to require land dedication fees for all new subdivisions within the city. The county has passed similar legislation for land in Pitkin County within the school district. The School District is trying to find funding mechanisms for capital improvements. Ms. Lackner pointed out existing regulations allow the city to look at impacts to schools in annexation, rezoning, and GMQS competition. Land use applications are referred to the School District; sometimes the School District does request exaction fees. This text amendment defines a formula to calculate a fee on all new subdivisions. This is more consistent and equitable than what has been done in the past. This also 8 Regular Meeting Aspen City Council December 11, 1995 allows developers a fee based on land value and how many students would be generated by the subdivision. Ms. Lackner reminded Council in order to comply with the Aspen Area Comprehensive Plan, all new subdivisions need a 70/30 split of units in order to increase the affordable portion of new subdivisions. This fee would affect the affordablity of AH units. However, affordable units do have an impact on the school. This fee is an equitable and is based on a percentage of the cost of land associated with their units. The county decided not to exempt AH units from this fees. Staff and P & Z recommend approval of this. Ms. Lackner told Council the applicant is seeking a fee waiver of $3995.00 for this application. Augie Reno, school board, said they would like this fee to be consistent with the city and county. Reno said there is a requirement for an annual report and the School District would like this to be a yearly letter responding to where the money is and how the money is spent. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked if this fee can be deductible. City Attorney John Worcester said this is not a tax and he cannot tell whether as a closing fee it could be deductible. Councilman Marolt said he does not feel people are moving into Aspen and impacting the schools and that this impact fee is out of order. Alan Richman said this is to insure that as growth occurs, this growth pays for the capacity of the school. Councilwoman Richards said she would Council to meet with the School District and talk about auto disincentive. Reno said the School Board is discussing what they want to achieve. Mayor Bennett suggested one or two Councilmembers meet with the School Board to discuss transportation and auto disincentives. Councilwoman Richards said this money is going to capital improvements. The schools in this state are financed by property tax, which has been capped. Worcester said the ordinance contains a 2 percent administrative fee. The county adopted a 1 percent fee. The city’s rationale for keeping 2 percent is that the rate of funding generated in the city will be minimal and the city should be able to collect 2 9 Regular Meeting Aspen City Council December 11, 1995 percent. There is not a lot of land in the city this would apply to and the amounts would be very small. Councilwoman Richards moved to adopt Ordinance #32, Series of 1995, on second reading including instruction to amend the intergovernmental agreement that the annual report requirement be less burdensome; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Marolt, yes; Richards, yes; Mayor Bennett, yes. Motion carried. Councilwoman Waggaman said she is against waiving the planning office fee. Council agreed. 1996 RFTA OPERATING AND CAPITAL BUDGETS Dan Blankenship, RFTA, told Council Resolutions 10 and 11 are the adoption of the 1996 RFTA budget and appropriating resolutions for that budget. Resolution 12 is revenue and expenditure adjustments to balance the 1995 budget. Blankenship said operating revenues for 1996 is projected at $8.4 million with like expenditures and a surplus of $1,751. This budget assumes funding commitments from down valley governments of $140,000. These have not yet been confirmed. If the money is not approved, the shortfall will come from the 1/2 cent sales tax. Blankenship told Council the Eagle County Transportation Authority has given assurances that 90 percent of the money collected in the Roaring Fork Valley from the 1/2 cent sales tax will be dedicated to RFTA in the first year. This should generate at least $135,000. Blankenship said they anticipate about 2 percent increase in levels of service. Because of fare increases, ridership may grow more slowly in 1996 and has been projected at 7.5 increase Blankenship pointed out some funds have been carried over from 1995 to complete capital projects. Councilwoman Richards said there has been a commitment to the elected officials to start a process of getting RFTA on a balanced budget, which should begin early in 1996. Councilwoman Richards said there are some exciting, new ideas coming out of the TDP and she would not like to lock in current service levels for 1996. Mayor Bennett objected to paid parking being linked with the increase to RFTA ridership as an absolute; there should be some moderation. Blankenship agreed. It 10 Regular Meeting Aspen City Council December 11, 1995 is difficult to determine what is increase and what is due to paid parking. Mayor Bennett noted that the city is projecting 0 percent increase in sales tax revenue increase for 1996. The county and RFTA are projecting 4 percent. Mayor Bennett said the RFTA board has decided to take an average of the city and county projections in the future. Mayor Bennett said the would like to see this type of approach with all policies for RFTA. Mayor Bennett suggested more frequent, information conversations between RFTA and the Council in this coming year to discuss comments on city service, ideas about city service, etc. Councilwoman Waggaman moved to approve RFTA Resolutions 95-10 and 95-11; seconded by Councilwoman Richards. All in favor, motion carried. RFTA 1995 SUPPLEMENTAL BUDGET RESOLUTION Dan Blankenship, RFTA, told Council there have been some unanticipated revenues in fare boxes and Ski Company revenues. Because of this revenue, this resolution reduces prior year operating surplus required to balance the budget by $60,000. The resolution also authorizes an increase in operating expenditures of $49,000 for total operating expenditures in 1995 of $7.8 million. The increased operating expenditures enables higher levels of RFTA service, additional hours and miles of service. There is also decrease in capital expenditures because not all projects were completed. Some of the unused capital revenue will go into the 1996 capital projects fund. Councilwoman Waggaman objected to a budget increase just because there were unexpected revenues. Blankenship said he hopes RFTA’s expenditures will be less than expected. Blankenship said there will be a lot of overtime in December because there is a shortage of drivers. Blankenship said it is his intention to come in on budget, but he feels they will need this cushion. Blankenship said many of the line items in RFTA’s budget are variable, like the price of gas. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt the 1995 supplemental budget resolution 95-12; seconded by Councilman Marolt. All in favor, with the exception of Councilwoman Waggaman. Motion carried. 11 Regular Meeting Aspen City Council December 11, 1995 ORDINANCE #57, SERIES OF 1995 - Appropriations Councilwoman Richards moved to read Ordinance #57, Series of 1995; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #57 (Series of 1995) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $2,889,921; APPROPRIATING GENERAL FUND EXPENDITURES OF $3,254,884; TRANSFERRING $45,000 FROM THE GENERAL FUND TO THE TRANSPORTATION/PARKING FUND; APPROPRIATING PARKS AND OPEN SPACE FUND EXPENDITURES OF $150,000; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF $167,000; APPROPRIATING CEMETERY LANE IMPROVEMENT DISTRICT FUND EXPENDITURES OF $207,224; APPROPRIATING ELECTRIC FUND EXPENSES OF $48,000; APPROPRIATING TRANSPORTATION/PARKING FUND EXPENSES OF $45,000; APPROPRIATING WATER PLACE HOUSING FUND EXPENSES OF $189,981; AND ESTABLISHING A “WATER PLACE HOUSING FUND” was read by the city clerk Rob Umbriet, budget director, told Council this is the second appropriation ordinance of the year. Most of the items in this ordinances have been previously approved by Council. Some of these expenses are covered by revenue. Councilwoman Richard moved to adopt Ordinance #57, Series of 1995, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Marolt, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes; Motion carried. ENTRANCE TO ASPEN DEIS COMMENTS Councilwoman Waggaman moved to continue this to December 12, 1995, at 4 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. 12 Regular Meeting Aspen City Council December 11, 1995 RESOLUTION #82, SERIES OF 1995 - Lease of Willoughby Park John Worcester, city attorney, reminded Council in 1991, the electorate passed a ballot question authorizing the city to lease Willoughby Park to the Aspen Historical Society for a ski museum. Worcester told Council he has been negotiated a lease with the Historical Society and the Aspen Valley Ski Club for the past 3 or 4 years. Resolution #82 approves that lease. Councilman Marolt questioned whether it was appropriate to give up the use of the land at the base of Aspen mountain for the next 100 years. This is a prime area for skiing and is the best access to the mountain and to the lifts. City Manager Amy Margerum said in the negotiations for the Ritz, it was determined that the developers would pay to build a new ski club for the community’s use and also to combine it with a ski museum. Councilwoman Waggaman said the ski museum representatives wanted the museum close to skiing. Councilwoman Richards moved to approve Resolution #82, Series of 1995; lease for Willoughby Park; seconded by Councilman Paulson. All in favor, with the exception of Councilman Marolt. Motion carried. Councilwoman Richard moved to go into executive session at 8 p.m. for the purpose of discussing litigation; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to come out of executive session; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to continue the meeting to December 12, 1995, at 4 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Council left Chambers at 8:25 p.m. Kathryn S. Koch, City Clerk 13