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HomeMy WebLinkAboutminutes.council.19961209Aspen City Council Regular Meeting December 9, 1996 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Paulson, Waggaman, Marolt and Richards present. PROCLAMATION - Grassroots 25 Years of Community Access Television Mayor Bennett read a proclamation honoring Grassroots as the oldest continuing community access television. Terry Shafer, Grassroots Board, thanked Council for their years of support. Shafer invited everyone to Grassroots birthday party December 18th at 4 p.m. in their studio. CITIZEN COMMENTS 1. Debbie Overeynder with Sandra Adam, Donna Brown and Julie Forsay, asked if parents, skateboarders and the city could work together on building a skateboard park. Ms. Overeynder said parents having been working on activities to keep children busy and would rather see them stay in Aspen than ride downpvalley to go skateboarding. One mother said skateboarding is a sport and is no different than basketball or hockey. This is also a safety issue. Eric Bredlinger, Aspen Youth Center, told Council the Board of the Youth Center set a skateboard park as a priority. The Board has worked with the kids and have a preliminary design. Amy Margerum, city manager, suggested this topic be added to the work session on recreation Tuesday, December 17th. Ms. Margerum reminded Council the original Rio Grande master plan included a skateboard area. The Youth Center was working on raising funds for the basketball court, which the city then funded. These funds might be applied to a skateboard park. Ms. Margerum suggested the parks and recreation staff work with this group and present Council with some ideas on how this might be accommodated in Aspen. COUNCILMEMBER COMMENTS 1. Councilwoman Waggaman moved to continue the interpretation of Ordinance #1, Housing replacement, to December 16; seconded by Councilwoman Richards. All in favor, motion carried. 2. Councilwoman Waggaman moved to add Resolution #73, Series of 1996, Roundabouts, to the agenda as XIb; seconded by Councilwoman Richards. All in favor, motion carried. 1 Aspen City Council Regular Meeting December 9, 1996 3. Councilman Marolt said he watches Grassroots often and enjoys it. Councilman Marolt said he does not think a lot of public know that Grassroots is open to public participation. 4. Councilman Marolt requested the Council meeting on December 16 start at 4 p.m.; Council agreed on 4:30. 5. Councilwoman Richards said there was a request from the surface transportation policy project to consider funding to help the reauthorization of ISTEA. Councilwoman Richards requested this be added to the December 16th agenda. 6. Councilwoman Richards said the post office corrected the traffic flow signs. Councilwoman Richards asked if staff will contact the post office and have them remind their customers of this change. 7. City Manager Amy Margerum said the next elected officials transpo rtation meeting will be January 9 at 4:30 in Aspen City Hall. There will be a transportation work session January 6. The brown bag lunches for December 23 and 30 are canceled. CONSENT CALENDAR Councilwoman Richards moved to read Ordinances #44 and 45, Series of 1996; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #44 (Series of 1996) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUE OF $96,497; APPROPRIATING GENERAL FUND EXPENDITURES OF $214,927; REDUCING TRANSFERS OF $14,800 FROM THE GENERAL FUND TO THE TRANSPORTATION/PARKING FUND; APPROPRIATING PARKS & OPEN SPACE FUND EXPENDITURES OF $799,111; APPROPRIATING WHEELER FUND EXPENDITURES OF $14,327; APPROPRIATING PARKING IMPROVEMENT FUND EXPENDITURES OF $23,000; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF $3,161,700; APPROPRIATING CEMETERY LANE IMPROVEMENT DISTRICT EXPENDITURES OF $30,000; APPROPRIATING WATER FUND EXPENSES 2 Aspen City Council Regular Meeting December 9, 1996 OF $62,569; APPROPRIATING ELECTRIC FUND EXPENSES OF $132,734; APPROPRIATING TRANSPORTATION/PARKING FUND EXPENSES OF $28,465; RECOGNIZING GIS ENTERPRISE FUND EXPENSES OF $28,047; APPROPRIATING GOLF FUND EXPENSES OF $5,241; RECOGNIZING WATER PLACE HOUSING FUND REVENUE OF $489,937; APPROPRIATING WATER PLACE HOUSING FUND EXPENDITURES OF $489,937 ORDINANCE #45 (Series of 1996) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.64.040(A)(3), REVIEW STANDARDS FOR SPECIAL REVIEW, TO ELIMINATE THE CASH-IN-LIEU PAYMENT WHERE REQUIRED OPEN SPACE HAS BEEN REDUCED FOR HISTORIC LANDMARKS were read by the city clerk Councilwoman Richards moved to adopt the consent calendar; seconded by Councilman Paulson. The consent calendar is: Minutes - November 11,25, 1996 Ordinance #44, Series of 1996 - Appropriations Resolution #72, Series of 1996 - State Rehabilitation Tax Credit Resolution #70, Series of 1996 - Adoption of 1997 Budget Resolution #71, Series of 1996 - Certification of Mill Levy Ordinance #45, Series of 1996 - Code Amendment Open Space Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Paulson, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #41, SERIES OF 1996 - Code Amendment - Historic Landmark Lot Split Amy Amidon, community development department, reminded Council last year they enacted a historic landmark lot split which applied only to the R-6 zone. Ms. 3 Aspen City Council Regular Meeting December 9, 1996 Amidon said this amendment was to create a lot split, GMQS exemption so that a historic house could be on one small parcel and a new building on the new parcel with the same FAR originally allowed. This should result in smaller masses. Ms. Amidon said this proposal is to extend this to the R-15A neighborhood. Only 3 parcels will be affected, 17 Queen street, No Problem Joe site, and Ernst Kappelli’s land. Staff, HPC and P & Z are in support of this code amendment. Ms. Amidon said the applicant proposed this to apply to 15,000 square foot parcels or larger. Staff recommends a minimum of 13,000 square as one of the parcels is only 13,000 square feet. Ms. Amidon told Council any lot up to 20,000 square feet would have single family FAR divided into two buildings; over 20,000 square feet would have duplex FAR. The new unit will be exempt from GMQS. This is an important incentive for large parcels with a small house. Jake Vickery, applicant, presented a packet of maps; a zoning map of the proposed area showing the R-15A zone; a map showing the conforming and non-conforming lots in this area, with only 4 conforming lots; a map showing the historical resources in the area; photographs of sites and properties in the area; some research about the historic inventory; and a site diagram of 17 Queen street. John Worcester, city attorney, entered into the record this 10 page exhibit of maps and photographs. Vickery told Council all residential zone district except R-15A, R-15B, RMFA and R-30 zones have special provisions for historical structures to help owners with restoration and improvements. Vickery said the advantages of this code amendment are to increase the creativity and flexibility when working with historical resources; it also increases the incentives given to historical landmarks; offsets restoration costs; encourages more authentic restoration; reduces the amount of demolition and creates small houses more in scale with historic renovation. Vickery pointed out that both parcels will have full design review by the HPC. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Paulson moved to adopt Ordinance #41, Series of 1996, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Marolt, yes; Paulson, yes;, Richards, yes; Mayor Bennett, yes. Motion carried. 4 Aspen City Council Regular Meeting December 9, 1996 ORDINANCE #42, SERIES OF 1996 - Vested Rights Extension - WinWin LLC/Kastelic Property Mayor Bennett opened the public hearing. Councilwoman Richards moved to continue the public hearing to January 13, 1997; seconded by Councilman Marolt. All in favor, motion carried. ASPEN MOUNTAIN PUD LOT 3 AND 5 David Michaelson told Council this is an application for the last 2 lots of the Aspen Mountain PUD; Lot 3, Top of Mill and Lot 5, Grand Aspen sites. Michaelson said the hearings started at P & Z March 1996. There is a P & Z resolution of approval dated September 1996. Michaelson said this is a very complex project and had a lengthy review at P & Z. Michaelson said the existing PUD agreement is complicated and there are issues between it and the city’s existing code. An issue at P & Z was what the allocations actually mean. Michaelson recommended Council address some of this project at special meetings so they can focus on the issues; do site visits, and review the existing agreement. Michaelson suggested Council also have a meeting or work session with P & Z to hear their perspective. Michaelson also recommended the project be split into two; Grand Aspen site, which is an urban design issue, and Top of Mill, which is a challenging site. Michaelson pointed out this is a four-step review; this is not the final time for Council to review this. John Sarpa, representing the applicants, agreed with some less formal sessions or special meetings with Council, some on-site, to discuss the history to get some perspective on the issues. John Worcester, city attorney, agreed as long as the meetings are part of the hearing process. Councilwoman Richards said she does not want to split the two projects until Council has an understanding of the unit allocations. Mayor Bennett suggested at the next meeting staff present a more detailed outline of how to proceed with this project. Council agreed to a work session or special meeting January 14, 1997. Councilwoman Richards requested staff see if there can be Grassroots coverage of non-regular meetings on this issue. Doug Niehaus, Aspen Snowmass Lodging Company, told Council the applicants have a contractual obligation to build garages for Summit Place condominiums by January 1997. These have not been started. Sarpa said this is true; however, it does 5 Aspen City Council Regular Meeting December 9, 1996 not have a PUD implication. Sarpa told Council they took out a building permit in October. What is not settled is whether the applicant or Summit Place will build it. RESOLUTION #73, SERIES OF 1996 - Roundabouts Mayor Bennett said CDOT is studying what kind of intersection is needed at Brush Creek and Highway 82. Their consultant concluded the roundabout would work better than a signalized intersection. Mayor Bennett said the Town of Snowmass Village voted unanimously that CDOT not consider a roundabout for this intersection. Mayor Bennett presented a resolution endorsing a roundabout for the intersection of Brush Creek and Highway 82. This resolution requests CDOT to continue its research for this intersection. Councilman Marolt said he does not understand why the city has to make a choice between the two least desirable intersections that exist. Councilman Marolt said he does not feel a roundabout at this intersection would work. Councilman Marolt said he feels in order to do anything about the traffic situation in Aspen, separated grade intersections are the solution. Mayor Bennett said in 1993 and 1994, the EOTC agreed unanimously after studying the Brush Creek intersection that they did not want a grade separation. Mayor Bennett said CDOT is not considering a grade separation for this intersection. Mayor Bennett said the EOTC asked for designs of a grade separation; when these were presented to the EOTC, there was no support for it. Amy Margerum, city manager, said it is up to CDOT to come up with the final design. This resolution asks for the research to be done to show Council what the differences are. Council could amend this resolution so as not to preclude any design at this time. Councilwoman Waggaman agreed this intersection needs to be studied thoroughly. Councilwoman Richards moved to adopt Resolution #73, Series of 1996, as amended with the language as deleted; seconded by Councilwoman Waggaman. Councilwoman Richards said she is not sold on roundabouts but feels the community deserves a full investigation of different type of solutions, not just what has worked in the past. Councilwoman Waggaman said she feels the purpose of this is to not allow the Town of Snowmass’s resolution to bring everything to an end. Mayor Bennett noted this resolution requests CDOT continue their research. Randy Ready suggested language in the last paragraph, last sentence, “with the 6 Aspen City Council Regular Meeting December 9, 1996 planned valley-wide rail line, and to return for a final discussion with the EOTC before a decision regarding this intersection is made”. Mayor Bennett suggested the sentence read, “We also urge CDOT to ensure that the final solution chosen by fully compatible . . . Councilwoman Richards amended her motion to include that language; seconded by Councilwoman Waggaman. Councilman Marolt said he feels better about the resolution with this amended language. All in favor, with the exception of Councilman Marolt. Motion carried. Councilwoman Richards moved to adjourn at 7 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 7 Aspen City Council Regular Meeting December 9, 1996 PROCLAMATION - Grassroots 25 Years of Community Access Television .......... 1 CITIZEN COMMENTS ................................ ................................ .......................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 1 CONSENT CALENDAR ................................ ................................ ........................ 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.64.040(A)(3), REVIEW STANDARDS FOR SPECIAL REVIEW, TO ELIMINATE THE CASH-IN-LIEU PAYMENT WHERE REQUIRED OPEN SPACE HAS BEEN REDUCED FOR HISTORIC LANDMARKS were read by the city clerk ................................ ................................ ................................ ........ 3 Councilwoman Richards moved to adopt the consent calendar; seconded by Councilman Paulson. The consent calendar is: ................................ .................... 3 Minutes - November 11,25, 1996 ................................ ................................ ........ 3 Ordinance #44, Series of 1996 - Appropriations ................................ .................. 3 Resolution #72, Series of 1996 - State Rehabilitation Tax Credit ......................... 3 Resolution #70, Series of 1996 - Adoption of 1997 Budget ................................ .. 3 Resolution #71, Series of 1996 - Certification of Mill Levy ................................ . 3 Ordinance #45, Series of 1996 - Code Amendment Open Space .......................... 3 ORDINANCE #41, SERIES OF 1996 - Code Amendment - Historic Landmark Lot Split ................................ ................................ ................................ ........................ 3 ORDINANCE #42, SERIES OF 1996 - Vested Rights Extension - WinWin LLC/Kastelic Property ................................ ................................ ............................. 5 ASPEN MOUNTAIN PUD LOT 3 AND 5 ................................ ............................. 5 RESOLUTION #73, SERIES OF 1996 - Roundabouts ................................ ............ 6 8