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HomeMy WebLinkAboutminutes.council.19951218Aspen City Council Regular Meeting December 18, 1995 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Marolt, Waggaman, Richards, and Paulson present. PROCLAMATION - Kathryn Koch Mayor Bennett read a proclamation recognizing City Clerk Kathryn Koch and her 25 years of service to the city of Aspen. CITIZEN PARTICIPATION 1. Debra Moore presented a petition to Council requesting the city limit the hours of operation at the snow dump. 2. W. R. Walton requested Council to do something about the noise of delivery trucks at 3 and 4 in the morning. Walton said he attended a Commercial Core and Lodging Commission meeting and asked them to do something. Walton also attended a neighborhood meeting about this issue. Walton told Council he has run out of patience and would like something done. Mayor Bennett said Council has not heard of this issue since the last time Walton brought it up. There have been efforts by staff and the delivery company. Tom Stephenson, police chief, told Council he has met with both Walton and the delivery company. Stephenson said the delivery company goes all over the western slope and has a schedule to keep. Stephenson said he talked to the truck drivers about not banging their palettes. Stephenson said Walton would like no nighttime deliveries, and that is not an option right now. Amy Margerum, city manager, said the staff has spent hours trying to alleviate this situation. It is a complex situation which affects many businesses in the commercial core. CCLC is still working on this. Ms. Margerum said she does not think there will ever be a quiet commercial/residential downtown. 3. Albie said there is recently a problem with a young boy who bought a knife in town, took it to school, and was suspended. Albie said there should be an ordinance outlawing the sale of knives to juveniles. Tom Stephenson, police chief, pointed out knives can be purchased outside the city limits of Aspen as well. Stephenson said he would talk to any stores that sell knives about this issue. 4. Eric Casper told Council he would like to have a cigar smoking bar but the current city ordinance does not allow this. Casper told Council he has met with the 1 Aspen City Council Regular Meeting December 18, 1995 Clean Air Board and they have drafted an ordinance to permit this. City Manager Amy Margerum told Council this ordinance is being reviewed by staff and will be on the first Council meeting in January. CONSENT CALENDAR Councilwoman Richards moved to add Ordinance #58, Series of 1995, to the consent calendar; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to read Ordinances 48 and 58, Series of 1995; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #48 (Series of 1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING AND APPROVING AN AMENDMENT TO AN AGREEMENT FOR THE EXTRATERRITORIAL EXTENSION AND DELIVERY OF MUNICIPAL WATER SERVICES TO THE MAROON CREEK RANCH SUBDIVISION AND ASSOCIATION AREAS ORDINANCE #58 (Series of 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 406 E. HOPKINS AVENUE, LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE OF ASPEN, AS “H” HISTORIC LANDMARK PURSUANT TO SECTION 24-7- 703 OF THE MUNICIPAL CODE were read by the city clerk Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Paulson. The consent calendar is: · Resolution #84, Series of 1995 - State Historic Tax Credits · 1996 Housing Department Budget Resolution · Ordinance #48, Series of 1995, Water Agreement Pearce Equities II · Resolution #85, 1995 - 1996 1/2 Cent Transit Sales Tax Budget · Resolution #86, Series of 1995 - Software Contract Eden Systems · Request for Funds - Valley-Wide Smart Growth Conference - $1500 Contingency 2 Aspen City Council Regular Meeting December 18, 1995 · Ordinance #58, 1995 - Isis Theatre Historic Designation Roll call vote; Councilmembers Paulson, yes; Richards, yes; Marolt, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #57, SERIES OF 1995 - Appropriations Rob Umbreit, budget director, told Council this ordinance has not changed since first reading. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #57, Series of 1995, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Paulson, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #56, SERIES OF 1995 - Snowmelter Relocation Final SPA Review David Michaelson, community development department, told Council P & Z reviewed and approved the SPA plan in November. The conditions of approval are listed in Council’s packet. The snowmelter is located in the Rio Grande master plan adjacent to the existing recycling facility. The applicant is requesting to relocate 100 feet south. Michaelson reminded Council they directed staff to prepare a master plan for the entire Rio Grande area, which was approved in 1993. This master plan divided the site into two areas; the recycling facility and ball fields and from the river up to the snowmelt location. Michaelson said the proposed snowmelt location was included in all previous master plan scenarios. The master plan did not include specific details for specific uses. Staff interpreted this to mean that any plan presented would go through a two-step review process. Michaelson said the SPA criteria includes compatibility and mixture of uses. Staff has used the existing SPA plan to define that compatibility. The plan recognized that the existing location on the lower bench above the bike path was inappropriate. Michaelson said staff is concerned with screening to protect the view from the park and residences and landscape concerns. Michaelson said the berm defines the visual edge of the Rio Grande site. There is a landscape plan in process with the city parks department. Staff notes it is important to recontour this to as natural as possible and to revegetate it to soften the impact of the berm. Michaelson said there 3 Aspen City Council Regular Meeting December 18, 1995 is no topography between the existing berm and the residents of Oklahoma Flats. The proposed site has a berm which should cut the headlights between the snowmelt and residents across the river. The access is towards the parking area. Staff notes the revegetation schedule is reasonable for June 1996. Michaelson suggested a condition of approval be modified to require the road eliminated as soon as the landscaping is complete. There will be some trail relocation along the river and the landscaping plan should not affect the trail relocation. P & Z recommended approval. Michaelson suggested adding to condition #7, “The road should be eliminated completely and revegetated as part of the landscape plan in progress.” Mayor Bennett opened the public hearing. Gary Moore, resident in Oklahoma Flats, said they would like to see the hours of use of the snowmelter changed and restricted between 8 p.m. and 6 a.m. Moore said melting the snow seems to be a waste of time and money. Mayor Bennett said Council and P & Z spent several years and lots of meetings on the Rio Grande master plan and snowmelting and/or dumping. The Rio Grande master plan entailed eliminating the dump, the impound lot, and detritus from years, reclaiming the area along the river as a park, and moving the snowmelter south on the property about 100 feet. Jack Reid, streets department, said the city installed a snowmelter in 1988. At that time, all snow was trucked to the Rio Grande and dumped there. The snowmelter can melt a truck load of snow in 10 minutes or less. In previous years all snow from the streets was melted at the Rio Grande. In the 90’s, Council deemed that an inappropriate use of the Rio Grande. Land was purchased 4.2 miles from town in order to dump snow. The mile difference means it takes more trucks and more time to clean the streets. CDOT and Pitkin County have stated the city is not allowed to haul snow to that snow dump except between midnight and 7 a.m. It takes an average of 18 to 22 trucks per night to haul to the snow dump. If the city is running the melter, a lot more loads can be hauled down there and be melted rather than driven the 8.5 round trip miles to the snow dump. All daytime hauling has to be taken to the snowmelter. Reid said using the snowmelt machine only during the day will have a budget impact. The city would need to lease 2 or 3 additional trucks to haul snow to the dump Moore suggested the melter can be used 4 Aspen City Council Regular Meeting December 18, 1995 at night; however, trucks should not be allowed to dump there during the night. Reid said the city is not piling any snow at the Rio Grande. Councilwoman Richards said there are many factors to balance in this. Residents on Main street complain about the noise of trucks on Main street. These trucks also generate PM 10 and use gas. Councilwoman Richards said the cost not to store snow on Rio Grande to the community is $120,000 annually plus the cost of buying the land for the snow dump. Councilwoman Waggaman said with a berm, this snowmelter will be much better buffered than before. Debra Moore said the petition she presented earlier is asking for a compromise in the use and operation of the snowmelter. The petition requests a reduction of noise in this area. Mayor Bennett said there are two separate issues; the location, which has been settled by the adoption of the SPA plan, and the hours of operation. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #56, Series of 1995, on second reading with the amendment of language on condition #7 and the clear understanding Council would like to have an analysis of cost related to hauling and using the snowmelt and that the winter season of ‘96 is used as a test case to find out how the berming and noise goes; this will be reviewed in the spring; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Marolt, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #59, SERIES OF 1995 - Isis Theatre GMQS Exemption for Affordable Housing Councilwoman Richards moved to read Ordinance #59, Series of 1995; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #59 (Series of 1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE PROPOSED AFFORDABLE HOUSING UNITS IN ASSOCIATION WITH THE REMODEL AND RENOVATION OF THE ISIS THEATER (LOTS L, M, N BLOCK 87) CITY AND TOWNSITE OF ASPEN was read by the city clerk 5 Aspen City Council Regular Meeting December 18, 1995 Dominic Linza told Council he has been running the Isis theatre for over 30 years. Linza requested Council approve this ordinance so that the property can be kept as a theatre and something the community can enjoy. Kitty Linza told Council the applicants are the first people who were interested in maintaining this as a theatre. David Michaelson, community development department, told Council this is a growth management exemption for affordable housing for the Isis theatre. This property is proposed for renovations, which would include expanding available theatre seating from 380 to 880. This has been reviewed by HPC. The joint growth management commission met earlier this month and recommended approval of the units. The project was originally proposed for 4 affordable and 1 free market units. HPC and the housing office worked to get this massing smaller. There was a reduction in employee mitigation requirements from 11 employees to 5 employees because of the type of business. The project received an FAR bonus from 1.5:1 to 1.8:1; 60 percent of the additional FAR has to be used for employee housing. The applicants plan to use 95 percent of the additional square footage for employee units. The applicants have requested reduction in trash and utility areas as well as minimum open space. Sunny Vann, representing the applicant, told Council the waiver of parking was approved by HPC. This is an incentive under historic landmarks and recognizes the inability to provide on-site parking in the downtown core. HPC asked the applicant to explore an off-site housing solution. Vann said they have tried to do that; however, the financial implications would kill the project. HPC recognized the trade offs in this project and granted conceptual approval. Vann said the applicants will restore the original store front. There will be a lobby inside for people to wait. There will be 4 theatres, which will provide kind of movies as well as to provide for Filmfest, Ski Club, and also to book other types of movies which cannot be booked currently into Aspen. Councilwoman Richards asked if the historic designation could link this to permanently being a theatre. Vann said it does not; however, their use requires less employee mitigation. Their P & Z approval has a condition stating if the use is changed, the owner would have to come back and mitigate the additional housing. Vann said they will also have an audit to see if they are meeting their employee mitigation. 6 Aspen City Council Regular Meeting December 18, 1995 Councilwoman Richards pointed out this is another development of residential uses in a commercial zone and mixing people’s houses and noise. Councilwoman Richards asked about the traffic mitigation for more than twice the seats. Councilwoman Richards suggested seeing if something can be worked out with the parking garage. Vann said the space as a theatre, underground and with no windows, does not easily lend itself to other uses without total redesign. Also any change in use will have to be reviewed by the city. Councilwoman Richards moved to adopt Ordinance #59, Series of 1995, on first reading; seconded by Councilman Marolt. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Paulson, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. APPLICATION TO CLOSE PORTION OF CLEVELAND STREET Chuck Roth, staff engineer, told Council staff received an application to close a public right-of-way, not vacate right-of-way of Cleveland street between East Hyman and Cooper. The applicant would not receive title to the property but would be permitted to create a park, which would be dedicated to the city. The city would maintain this park. Roth said staff recommends against approving this request. Roth told Council he requested this proposal be noticed on the property and notices were mailed out to property owners within a 400 foot radius. Roth told Council he received 13 letters, 6 in favor, 6 opposed, 1 neutral. Roth said some concerns are loss of traffic circulation, adverse impacts on other streets by re-routed traffic, the streets department would not be able to plow around the streets, and the precedence. Roth noted the parks master plan did not identify this as a need in this area. Chuck Brandt, representing the applicant, said in closure rather than in vacation the street remains in city control and city ownership. There would be 4 parking places to abut the north end of the park. There are also additional parking places created parallel to east Cooper. These would offset the loss of parking along Cleveland street. Brandt said the applicant would construct the park at his cost, remove the asphalt pavement, bring in topsoil, install an automatic irrigation system, sod and landscaping. Brandt showed a rendering of the proposed park. Brandt said if this is approved, it will be done in conjunction with the parks department and the neighbors to make sure there are no adverse impacts on the neighborhood. 7 Aspen City Council Regular Meeting December 18, 1995 Brandt told Council the applicant will also maintain the park for some number of years. Brandt said there is some traffic inconvenience to westbound traffic. There will also be some impact to the street plowing. Brandt told Council none of the utilities in the street will be impacted. There will be access through the park. Brandt said access for emergency vehicles will still exist through the alleys or Cooper street. Brandt said in the Aspen Area Community Plan has numerous references to the city’s need to acquire additional open space and to expand existing parks. This generally fits in the with AACP. Brandt said the pedestrian and bikeway system discusses reducing the use of automobiles and increase pedestrian and bicycle route. This proposal is consistent with the AACP, the parks and open space plan, and the pedestrian plan. Brandt said one issue is whether this is a public or private benefit. Brandt said this is a proposal to convert one public use, a street, to another public use, a park. The private benefit is that it is nicer to be next to a park than a busy street. Brandt said one public benefit is that a park is established in an area where there are no public parks. A landscaped area is provided in a densely populated area. Traffic could be diverted from a residential area with fewer encounters between automobiles and pedestrians. Brandt brought up precedence of this request. This is a request to close a street and make a park. Each application will be considered on its own merits. Brandt said Ute Avenue between the Alps was closed in the early 70’s. The second precedence is the city malls. Brandt pointed out that closure is not permanent and this street can be reopened. Brandt read a letter into the record from Taylor Gamblin in favor of the proposal.. Geraldine Heyman, 1007 E. Hyman, told Council she is against the project. Ms. Heyman said the stop signs in this area need to be rearranged in order not to have traffic zooming through the area. Ms. Heyman there are existing encroachments on the city alleys that should be looked at. Ms. Heyman said there is a better place for a city park at the end of the alley by the Chateau Eau Claire. Ms. Heyman said 8 to 10 parking spaces will be taken away in an already congested area. Penny White said she is opposed to the park. She will be living with 3 dead-end streets or alleys. Ms. White said a park on highway 82 does not seem to be a very 8 Aspen City Council Regular Meeting December 18, 1995 safe area. Bob Langely said he favors the park but would like the park designed by the city. Langely said he would like to see crosswalks indicated on highway 82. Basil Smilias, 1000 E. Hyman, said 10 parking spaces will be lost. Closing of the street seems to be for private gain. This house was built lot line to lot line without a yard. There is Freddie Fisher park on Cooper and Riverside. Joyce Murray, next door neighbor, said she would like to see this open space. There is not enough open space in this area. Stephan Kanipe, 1015 E. Hyman, agreed the highway 82 traffic would present a big hazard. Kanipe said this would be passive open space. Sherry Geller urged Council to install a complete barrier between this park and highway 82. Ms. Geller said parking next to the park should be minimized so that people will walk to the park. There is also concern about people using the park parking in other’s driveways. Rick Boyd, Cleveland street, said he uses Cleveland to turn off 82 and get to his house. The city should not close off this street. Mark Tye, 935 E. Cooper, said the applicant should have had a neighborhood get together so that there could be more input on this idea and design. Tye told Council he discussed this idea with people all over town and opinion was pretty evenly divided. Tye said the current design is self-serving and not to the best interest for the neighborhood. Stan Clauson, community development director, said this type of street closure has been done with success as a traffic calming device. However, in Aspen staff has great concerns about the grid, which is an important part of the urban fabric. Clauson suggested this be tabled in order for staff to work with the neighborhood to determine if there is a public benefit perceived by the neighborhood and a design that will fit in with the neighborhood. Councilwoman Richards said she feels there is some merit to this concept. Councilwoman Richards agreed this would not be a safe place to play. The city is looking at pedestrian improvements along Cooper avenue. Councilwoman Richards said she is especially concerned about traffic patterns. Councilwoman Richards said she wants to see this used as an active park with volleyball nets, swings, that type of active uses. On-going maintenance is a concern. A surety bond to reclaim the park to a street should be investigated. Councilwoman Richards said she doe not see a driving need or public purpose for this park. 9 Aspen City Council Regular Meeting December 18, 1995 Councilman Marolt pointed out Cleveland street south of Cooper has been closed and this has caused a lot of congestion on Durant street. Councilman Marolt said he does not like to interrupt the traffic flows within the grid. Councilwoman Waggaman said a major concern is traffic access. Councilwoman Waggaman said she does not want to see a lot of staff time and money spent on studying this. if it is tabled. Councilwoman Waggaman asked staff to look into reclaiming the end of Hyman street. Councilman Paulson said he favors open space wherever it can be found; however, this is too self-serving and not to the greatest public benefit. Mayor Bennett said this issue may be best left with the neighborhood. There are a lot of issues within this request. Mayor Bennett said the major issue is whether a small park benefits the neighborhood. Mayor Bennett said the park should be designed by the city. Mayor Bennett suggested the neighborhood be polled, all the streets between the river and Cooper and the south side of Cooper. Brandt said he will take this issues back to his client and report back to staff. Clauson said he would proceed to draft some ground rules on how to proceed. Councilwoman Richards moved to table the applications with the express instructions to staff to begin neighborhood meetings or contacts with the applicant paying the costs, the neighborhood to be between the Roaring Fork and Highway 82, including the south side of Cooper and the east side of Original; the neighborhood meetings could include any pedestrian users of this area; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Richards moved to adjourn at 8:15 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 10