Loading...
HomeMy WebLinkAboutminutes.council.20031014Regular Meeting Aspen City Council October 14, 2003 EMPLOYEE AWARD RECoGNITION.ii..., .................................. i ..................... 2 CITIZEN COMMENTS... ............. i ................................................................. ~ ............ 2 COUNCILMEMBER COMMENTS ........................................................................ PROCLAMATION - Communities in Motion ...................................................... 3 CONSENT AGENDA ....... : ....... ' ................................................................................. 3 · Resolution #93, 2003 - CIRSA Insurance Policy - Renewal for 2004 ................... 4 · Resolution #94, 2003 - Supporting Climate Stewm-dship ......................................4 · Resolution #95, 2003 - Golf Pro Shop - One year lease extension ....................... 4 · Resolution #96, 2003 - Request for funds - Painting Old Animal Shelter ............. 4 · Resolution #92, 2003 - Qwest Contract Extension ................................................ 4 · Resolution #91, 2003 - Withdraw Ballot Question Puppy Smith Property ........... 4 · Minutes - September 22, 2003 ............................................................................... 4 FIRST READING OF ORDiNANCES ................................................................... 4 · Ordinance #52, 2003 - Land Use Code Amendments ............................................ 4 · Ordinance #51, 2003 - Code Amendment - Residential Multi-Family Replacement Pro~,mn ...................................................................................... , .............. 4 · Ordinance #53, 2003 - Code Amendment - Accessory Dwelling Unit & Carriage Houses ............................................................................................................... · Ordinance #54, 2003 - Code Amendment - Transferable Density Rights ............. 4 ORDINANCE #5, SERIES OF 2003 2 Land Use Code Amendment Infill ... 6 ORDiNANCE #49, SERIES OF 2003- Adopti°n 0fM0dei T~affiC Code.... 6 ORDINANCE #21 & ORDINANCE #22, SERIES OF 2003 - Little Ajax Annexation and Subdivision ........................ i ..................... iii ................. i .................... 7 ORDINANCE #45, SERIES OF 2003 - Aspen Highlands Village PUD Amendment ................................................................................................................... 11 ORDINANCE #46, SERIES OF 2003 - AsPen Electric Subdivision Rezoning Lot 2 ' ........................................................ ~ ............ . ....... ; ........ .,..,..,..,........ 15 ORDINANCE #47, SERIES OF 2003 - Surcharge on MUniCipal Court Violations .................................................... ................................................................... 15 ORDINANCE #48, SERIES OF 2003 - chart House Lot SPlit & GMQS Exemption ...................................................................................................................... 17 ORDINANCE #50, SERIES OF 2003 'L General Obligation Refunding Bonds ............................................................................................................................... 21 RESOLUTION #97, SERIES OF 2003 - cem~iery Lane Phase II Contract22 Regular Meetin~ Aspen City Council October 14~ 2003 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, Paulson, Richards and Semrau present. EMPLOYEE AWARD ~COGNITION Tim Anderson, recreation director, told Council at the Colorado Parks and Recreation Association meeting, Chad Denning was honored as the outstanding young professional in the state. Denning was recognized for his vision, creativity and organizational skills. Anderson said the city is fortunate to have Chad in the organization. CITIZEN COMMENTS 1. Toni Kronberg invited the public to 2 meetings this week, both of which have to do with Rio Grande park. One of these meetings will be to take public comment on the features in Rio Grande park, including possible expansion of the skateboard park. One meeting is October 15th 5:30 p.m., hosted by the parks department. The issue is how storm water management can work with planned park enhancements. Ms. Kronberg told Council in 1991 a group appeared before Council asking for conceptual approval for the recycling center, Theatre in the park. Council directed staff to prepare a master plan for Rio Grande park. This master plan states any future development that is site specific has to go through the SPA amendment process. The meeting on Thursday, October 16, held by the engineering department, is on the engineering design work the for storm water management in Rio Grande park. Ms. Kronberg requested that both plans come together at the Council so they can be looked at as one. Ms. Kronberg showed her idea for a warm water feature to be located on the Rio Grande. COUNCIL~MBER COMMENTS 1. Councilman Torre announced the new show at the Aspen Art Museum, 170 pieces from local artistS, is fantastic and all should go and see it. 2. Steve Barwick, city manager, requested an executive session at the end of the meeting to discuss acquisition of property. 3. Mayor Klanderud said at the ACRA marketing committee meeting, the group continues to discuss possibilities for increased funding for 2 Regular Meetin~ Aspen City Council October 14, 2003 marketing. The group is looking at what is needed and how much it will cost. PROCLAMATION - Communities in Motion Mayor Klanderud and Council proclaimed October 16 as Communities in Motion day and urged citizens to try public transportation one trip at a time, one day at a time. Mayor Klanderud said the city needs to support and to promote public transportation. Councilwoman Richards reported at Mammoth she presented information about the formation of the regional transit authority, which was well received. CONSENT AGENDA Councilwoman Richards requested moving Resolution #91, Series of 2003, Withdrawal Ballot Question Puppy Smith Property to the consent calendar. Mayor Klanderud said she has some questions about the conditions of the agreement with ACES. Steve Barwick, city manager, told Council this issue will return for Council input and approval. Councilwoman Richards moved to add Resolution #91, Series of 2003, to the consent calendar; seconded by Councilman Paulson. All in favor, motion carded. Councilman Paulson moved to approve the consent calendar as amended; seconded by Councilman Semrau. The consent calendar is: Regular Meeting Aspen Ci.ty Council October 14, 2003 Resolution #93, 2003 - CIRSA InsUrance Policy - Renewal for 2004 Resolution #94, 2003 - Supporting Climate Stewardship Resolution #95, 2003 - G°lfPro Shop ~ One year lease extension Resolution #96, 2003 - Request for funds - Painting Old Animal Shelter · Resolution #92, 2003 - Qwest Contract Extension · Resolution #91, 2003 - Withdraw Ballot Question Puppy Smith Property · Minutes - September 22, 2003 All in favor, motion carried. FIRST READING OF ORDINANCES Ordinance #52, 2003 - Land Use Code Amendments · Ordinance #51, 2003 - Code Amendment - Residential Multi-Family Replacement Program ·Ordinance #53, 2003 - COde Amendment - Accessory Dwelling Unit & Carriage Houses ·Ordinance #54, 2003 - Code Amendment - Transferable Density Rights Councilman Semrau moved to read Ordinances #51, 52, 53, and 54, Series of 2003; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 51 (SERIES OF 2003) AN ORDINANCE OF THE CITY CO~CIL ©F THE CiTY OF ASPEN APPROVING AMENDMENTS TO THE ~SiDENT MULTi-FAMILY I-IOUSING REPLACEMENT PROGRAM, CHAPTER 26.530 OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE. 4 Regular Meeting Aspen City Council October !4~ 2003 ORDINANCE NO. 52, (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COU2qCIL APPROVING AMENDMENTS TO THE' FOLLO~G C~APT~RS AND SECTI°NS OF THE CITY OF ASPEN MUNICIPAL CODE: 26.104.100 - DEFINITIONS; 26.222 - DESIGN ~EW APPEAL COMMiSSiON; 26.304 - COMMON DEVELOPMENT REVIEW PROCEDURES; 26.310 - AMENDMENTS TO THE LAND USE CODE AND O~FICiAL ZONE DISTRICT MAP; 261410 ' RESIDENTIAL DESIGN STANDARDS; 26.415 - DEVELOPMENT I~OLV~G THE HSPgN ~EN~RY OP HISTORIC LANDMARK SITES AND STRUCT~S OR DEVELOPMENT IN AN "H', HiSTO~C OVERLX¥'Dis?mCT; 26.430.030 - SPECIAL REVIEW; 26.435.040 ~ STREAM MARGiN REVIEW; 26.575.150 - OUTDOOR LiGIiT~G; 26.5Y3:. i 30 ~-~i~I~ESs TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT ORDINANCE NO. 53 (SERIES OF 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AMENDMENTS TO THE FOLLOWING C~PTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE IMPLEMENTING A REVISED ACCESSORY DWELLING UNIT AND CARRIAGE HOUSE PROGRAM: 26,104.100 - DEFINITIONS; 2&5~0 Z AcceSs0RY DWELLING UNITS AND CARRIAGE HOUSES. ORDINANCE NO. 54 (SERIES OF 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE IMPLEMENTING A TRANSFERABLE DEVELOPMENT RIGHTS PROGRAM: 26.104.100 - DEFINITIONS; 26.208.010 - CITY COUNCIL POWERS AND DUTIES; 26.210(B) - COMMUNITY DEVELOPMENT DIRECTOR JURISDICTION, AUTHORITY, AND DUTIES; 261535 ~ TRANSFERABLE DEVELOPMENT RIGHTS; 26~710.040 - MEDiUM-DENSITY RESIDENTIAL (R-6) ZONE DISTRICT; 26.710.050 -MODERATE- Regular Meeting Aspen City Council October 14~ 2003 DENSITY RESIDENTIAL (R- 15) ZONE DISTRICT; 26.710.060 - MODERATE-DENSITY RESIDENTIAL (R-15A) ZONE DISTRICT; 26.710.070 - MODERATE-DENSITY RESIDENTIAL (Ri 15B) ZONE DISTRICT; 26.710.080 - LOW-DENSITY RESIDENTIAL (R-30) ZONE DISTRICT. Councilwoman Richards moved to adopt Ordinances #51, 52, 53, and 54, Series of 2003, on first reading; seconded by Councilman Torre. Roll call vote; Councilmembers Torre, yes; Paulson, yes; Semrau, yes; Richards, yes; Mayor Klandemd, yes. Motion carried. ORDINANCE #5~ SERIES OF 2003,- Land Use Code Amendment Infill Mayor Klanderud stated at the most recent work session, Council decided not to pass the infill legislation as written but to move forward with individual code amendments on sections where there is Council agreement. Chris Bendon, community development department, noted the first readings Council just adopted are code amendments from the infill discussions. Community development department is having a brown bag session on transferable density rights on October 30th. Measurement of demolition and roof heights has not been presented for first reading. Councilman Semrau moved to adopt Ordinance #5, Series of 2003, on second reading; Motion DIES for lack of a second. ORDINANCE #49, SERIES OF 2003 -Adoption °fM0dei Traffic Code David Hoefer, assistant city attorney, told Council the state of Colorado updates the model traffic code every 7 years. This ordinance adopts the 2003 Model Traffic Code, dealing with traffic and parking in the city and provides traffic regulations that are consistent throughout the state. Hoe£er noted there have been no changes from the current regulations. Mayor Klandemd opened the public heating. There were no comments. Mayor Klanderud closed the public heating. Councilwoman Richards moved to adopt Ordinance #49, Series of 2003, on second reading; seconded by Councilman Torre. 6 Regular Meetin~ Aspen City Council October 14, 2003 Councilman paUlson said he would be interested in looking at an amendment to the MTC so that bicyclists do not have to come t° a ful! stop at stop signs. Hoefer said the Police department generally gives warnings to cyclists. Hoefer said he could prepare that amendment if Council desires. Roll call vote; Councilmembers Semrau, yes; Richards, yes; Torre, yes; Paulson, yes; Mayor Klandemd, yes. Motion carried. ORDINANCE #21 & ORDINANCE #22, SE~ES OF 2003 ~ Little Ajax Annexation and Subdivision Joyce Allgaier, community development department, reminded Council there was a public hearing in July with much public input. The applicants went back to rethink the development proposal and to discuss with Council possible city involvement in affordable housing on this site. Staff has done an analysis of the costs and subsidies compared to Burlingame Parcel D. Staff feels the city's money would be better invested in a project of their own. Ms. Allgaier said if Council is not interested, the applicants would go through hearings on trek development. Charlie Kaplan, representing the developer, reminded Council the original proposal for this site was an affordable housing/free market mix. This project received conceptual approval and the applicants were before Council for final approval. At that time, there was opposition and the applicants felt it was a good time to look at other options, like an affordable only project. The applicants were going to work with other developers for potential buy- downs and also to work with Friends of Shadow Mountain to make a donation to the open space and bring all the community goals together. Kaplan reported none of these has come to fruition. Kaplan said this is the city's chance to buy down an affordable only project in the city. Kaplan noted their other options are to do at least 2 free market houses total 10,000 square feet on site or to return to the pending application, which is a mix of free market and affordable housing. Kaplan presented options A through D. Option A is category mix of 5, 6, and 7 of 13 three bedroom unit and 1 two-bedroom unit; $3.4 million cost per bedroom $83,000. Kaplan told Council they were asked to look at a $2.6 m/Ilion project, which they could not do. Option A is the lowest cost with the highest category units. Option B is $4 million with 4 one-bedroom 7 Regular Meeting Aspen City Council October 14, 2003 category 3, 4 three-bedroom units category 4 and 8 three-bedroom units, category 7, cost per bedroom $100,000. Option C is category 4 only, 15 three-bedroom and 1 two-bedroom unit, cost $4.7 million; cost per bedroom $100,000. Option D is category 3 only with the same configuration as option C $130,000 cost per bedroom. Kaplan pointed out the cost per bedrooms has not changed in the last 6 months. The original proposal was 44 bedrooms at a category 3.5 and a cost orS112,000 per bedroom. Kaplan said it is unfair to compare this project to Burlingame Parcel D. These proposed units are larger three-bedrooms. On a per bedroom basis, the comparison is closer as the developers are including all their costs. Kaplan said affordable housing units out of town and those in town are not comparable. Kaplan said the hard costs of building this project are low and commensurate with Burlingame. Councilman Semrau noted the subsidy for Burlingame Parcel D is $70,000Poedroom andthis wouldbe $120,000/bedroom. Councilwoman Richards asked the selling price for categories 5, 6, and 7. Kaplan said category 5 two-bedroom is $339,200; category 6, three-bedroom is $397,000; and category 7 three-bedroom is $436,100. Councilwoman Richards noted the buying down of units at Obermeyer by the Residences at Little Nell is collapsing 2 affordable housing units into 1 to make a lower price. This project is requesting city subsidy to keep free market units off the upper portions of the site. This seems to be using affordable housing money to preserve open space. Councilwoman Richards said she has difficulty subsidizing the highest category of income earners and putting in a lot of taxpayer's money toward that. Sunny Vann, representing the Residences at Little Nell, told Council they have entered into an agreement with Obermeyer on the buy down of affordable housing units. Vann told Council they looked at the category 3 only option, cost $6 million and the subsidy was too high. Vann noted there is no approval as yet for the Little Ajax project, and the developers of The Residences are under contract for property at the Airport Business Center. Vann said the plan is to use the ABC property also as mitigation for another of their developments. 8 Regular Meetin~ Aspen City Council October 14, 2003 Councilman Semrau asked how much of the site is above the Midland trail. Kaplan said 40%. Councilman Semrau asked if there is a land cost figure, which may help to create the value of the open space above the trail. Councilman Semrau said the land above the trail is not a priority for the Open Space Board, who would be willing to make a minimum contribution. Councilman Semrau asked if Council is Willing to make up the cost of open space with housing dollars. Councilwoman Richards agreed there should be a larger contribution from open space monies. Mayor Klanderud opened the public hearing. Fonda Patterson said missing information is the size of the building. There are neither measurements nor any dimensions. What are the heights of the buildings and what is the footprint. Jack Johnson applauded the applicants, as few are as willing to work with their neighbors. Johnson encouraged Council to work with this applicant and to encourage them to stay in this process. Donna Fisher said she couldn't comment on a project with none of the particulars known. Ms. Fisher said this seems to be too many bedrooms for its location. Mayor Klan.derud closed the public hearing. Councilman Semrau said the issue is whether Council is willing to put public money to subsidize this affordable housing project. This is not a discussion about the PUD requirements. Ms. Allgaier agreed Council should focus on whether they want to participate financially in this development to make it 100% affordable housing. The applicant will still need to complete the land use review no matter the make up of the project. There is no less of a review if there were to be one type of project or another. Councilwoman Richards said the two projects seem to be 10,700 square feet above and below the trail of free market space or 24,000 square feet of affordable housing below the trail. Councilman Semrau noted this started with a mixed-use project that met the goals of the AACP. Council asked if the applicant would look into a different project to save the open space above the trail. Councilman Semrau said the pieces that would have made this work were buy-in from other developers, a contribution from the Friends of Shadow Mountain, and open space monies. These have not panned out. Councilman Semrau said in fairness to the applicant, Council Regular Meeting Aspen Citw Council October 14~ 2003 needs to make a decision. Councilman Semrau said if it is important to preserve the open space, how much is it worth and from where is the money coming. Councilman Semrau said the Open Space Board has indicated they will contribute $600}000, which is half the estimated Value of the upper portion of the site. Ms. Fisher reiterated she does not want a project of so many bedrooms in this location. Ms. Fisher said she would prefer just the lower portion developed; however, if that is not an option, she would rather see fewer people on site. Martha Madsen said West Hopkins is a highly used pedestrian/bicycle way. It is a concern to put a lot more traffic and to create a lot more hazards on that street. Jack Johnson said this is no longer a rural area. Mayor Klanderud reiterated this is not the PUD presentation but is for Council to decide whether they want to be a partner in this project and to buy down the units to meet affordable housing needs and to protect open space. Councilwoman Richards said she has a problem putting city affordable housing funds into a project selling three-bedroom units for over $400,000. Councilwoman Richards said the public tax money should go to the people with the greatest needs and for type units that the private sector is not creating. Councilwoman Richards suggested the contribution from open space funds be increased. Mayor Klandemd said she is committed to preserving the trail through this property. There are other parcels along Shadow Mountain that are of concern to the neighbors and to the community. The city does not have the funds to purchase all this open space and needs help from Friends of Shadow Mountain. Councilman Semrau said the only proposal that makes sense is category 4 with a larger open space contribution and a housing subsidy of $3.4 million. If Council does not want to consider that, the developer should be allowed to go his way. Councilman Semrau said he feels category 4 mix is justified to subsidize. Councilman Semrau said the open space funds could be increased to $1.2 million. Jeff Woods, parks director, told Council the open space board indicated they could make a $600,000 contribution; AVLT said they will contribute $150,000 to $200,000 and there are tax credits of up to $250,000 which makes about $1 million. Woods said the city could use support from the community for this open space purchase. 10 Regular Meeting Aspen City Council October 14, 2003 Councilwoman Richards said she can support Option C, category 4 only, with $1.3 million from open space funds and a $3.4 million subsidy from the housing funds with the caveat that when this goes through the land use approval, each unit that may be deleted there is no increase from the housing funds. Councilwoman Richards stated the highest categories are appropriate for in town location. This is a large mount of money and it does accomplish a series of community goals. Mayor Klanderud agreed she could support that option. Councilman Paulson said he would like to make sure this trail does not get shrunk to a path that a Nordic snow cat cannot get through. Kaplan said the proposed width of the trail is 10 to 12 feet. Joe Wells reminded COuncil the trail to the west of this property is above the house on that property. Wells said their proposal is to start at the Midland connection and then traverse the property to connect to the trail to the west. COuncilman Semrau stated an $85,000 subsidy/bedroom is acceptable; however, Council does not know what will happen through the PUD process. This is two separate transactions; open space purchase and a housing subsidy. Councilman Semrau suggested stating the city is willing to pay $1.3 in value for the open space and a subsidy of $85,000 per bedroom for category 4 units. Councilman Semrau moved to direct stafft° enter into negotiations with the owners of this property establishing $1.3 million purchase of the open space above the trail and a $3.390 million housing subsidy for category 4 units, for approximately 47 bedrooms; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Semrau moved to continue Ordinances #21 and 22, Series of 2003, to November 24; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #45~ SERIES OF 2003 - Aspen Highlands Village PUD Amendment Sarah Oates, community development department, told Council sign guidelines were developed for Highlands Village when the project was in the county. When Highlands was annexed into the city, it was discovered that Regular Meeting Aspen City Council October 14, 2003 Highlands sign guidelines did not jive with the city sign code. The larger differences are the size of commercial signs, allowing sandwich boards and neon signs. Ms. Oates noted there is an issue with political signs in both the city and the proposed Highlands sign codes P&Z denied this code amendment for various reasons and their minutes are attached. Mayor Klandemd asked about the restriction on temporary political signs, one sign per property. Mayor Klandemd noted if someone wanted to support several different candidates or issues, it would not be permitted under this amendment. Mayor Klanderud said these restrictions also exist in the current city sign code. John Worcester, city attorney, told Council he has researched this and has found cases to support the Mayor's contention. Worcester recommended the section in the city's code as well as this one be amended. Bob Daniel, representing Highlands, told Council the majority of commercial spaces at Highlands do not face a street, they are internal facing and have different sign requirements. Daniel said the tenants receive sign guidelines so they understand what they can do. Mayor Klanderud opened the public hearing. Tim Reed, Highlands resident, told Council they have been trying to get a fence built around their units, and this has been tied to cleaning up their front lawns. Reed said the denial of the fence is punitive. Reed said the request for the sign code will help publicize the Highlands, which they do not have a problem with; however, having more traffic without safety for children is a concern. Reed requested mitigation for safety from the increased traffic. David Oakes said having neon signs at Highlands would detract from the character. Aspen is the only ski resort that does not allow neon signs, which is part of what makes Aspen unique. Adam Gillespie, representing some homeowners, told Council their concern is the aesthetics of Highlands Village. There are for sale signs and used cars signs on vehicles. These homeowners would like a more specific provision in the guidelines prohibiting these types of signs. Daniel noted 6.4(j) states "signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way or public space where the apparent purpose is to advertise a product (e.g. a "for sale, sign), service or activity or direct 12 Regular Meeting Aspen Ci,ty Council October 14~ 2003 people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental t° the primary use of the vehicle or trailer"i Gillespie said this language should be clarified, as it is not strong enough. Daniel said this might be a matter of enforcement. Gillespie said this does not prohibit for sale signs and residential yard sale signs prevalent in that area. Daniel said this sign code is part of the Highlands' covenants. Si Coleman asked what basis there is for having a different set of laws for this area that is different from the commercial core. Daniel answered these requirements existed before the area was annexed into the city. When the city annexed, they stated they would amend their code to coincide with the adopted provisions at Highlands~ Daniel noted this was not caught when the property was annexed. John Worcester, city attorney, told Council the city stated at annexation they would acknowledge and accept all approvals of the county. Councilwoman Richards stated one concern is the requirement for no more than two temporary event signs. Councilwoman Richards said many businesses may have posters for various events at once. Councilwoman Richards said this should be an individual business decision. Councilwoman Richards said it seems to be restraint of free trade by not allowing more than one real estate company on the for sale signs. Councilwoman Richards agreed there should be no neon signs allowed. Councilwoman Richards said she has sympathy for the neighbors on the fence issue. Councilwoman Richards said it is valuable to have families in the area. Councilwoman Richards said for sale signs in cars in private driveways is not the city's business. Councilwoman Richards said she cannot agree with prohibiting yard sale signs. Councilman Paulson noted the allowed wall signs would be much larger than those allowed by city sign code. Mayor Klanderud closed the public hearing. Councilwoman Richards suggested this be tabled until there is one comprehensive sign code that deals with all the legal and human concerns. Councilman Paulson agreed. Julie Ann Woods, community development director, told Council Hines Highlands is trying to close out this project. This is one outstanding issue. Currently there are many illegal signs at Highlands Village. Mayor Klanderud said Highlands is a unique situation. 13 Regular Meetin~ Aspen City Council October 14, 2003 The county approved the development and the city did agree to accept the project from the county. COuncilman Paulson said there should be one code for the entire town. Worcester reiterated when annexation was discussed, Highlands concern was the land use approvals they had that may not be consistent with the city's land use code. The city agreed to do wha~ it took to conform their project to city's code. Daniel said if neon is the sticking point, they would be willing to delete that. Daniel said Highlands is not asking the city to change their code but is asking the city to acknowledge the specific guidelines at Highlands Village as relates to signs. Councilman Semrau moved to adopt Ordinance #45, Series of 2003, deleting neon signs and adding that except for the differences in the graph box, the Highlands sign code will be revised if and when the Aspen sign code is revised and they will match; seconded by Mayor Klanderud. Daniel said he can look into the specific complaint about the fence, or lack thereof. Mayor Klanderud agreed that complaint cannot be affixed to this code amendment. Daniel told Council existing retailers have entered into leases with certain sign guidelines and if the existing city sign code is imposed on new retailers, there will be unfair trade. Councilman Torre said these guidelines allow too much signage. Councilman Torre suggested tabling this so Council can see how many non-conforming signs there are, and what may not fit with the city code. Daniel reiterated current tenants put their signs up in good faith and under the sign guidelines. Mayor Klanderud suggested a site visit to determine what already exists, what would be acceptable to Council, Councilwoman Richards said she would like to see the city's and Highlands' sign code as consistent as possible. Councilman Semrau withdrew his motion; Mayor Klanderud withdrew her second. Councilman Semrau moved to continue Ordinance #45, Series of 2003, to November 24; seconded by Councilwoman R/chards. All in favor, motion carried. 14 Regular Meeting Aspen City Council October,,,14, 2003 ORDINANCE #46, SERIES oF 2003 - Aspen Electric Subdivision Rezoning Lot 2 Sarah Oates, community development department, reminded Council this property was annexed to the city in July. The subdi~sion had been partially in the city and partially in the county. The~e were no additional development rights due to annexation. State statutes requires zoning the property within 90 days. Staff is recommending R-15/PUD, which is consistent with surrounding zoning. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klandemd closed the public hearing. Councilwoman Richards moved to adopt Ordinance #46, Series of 2003, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Torre, yes; Paulson, yes; Richards, yes; Semrau, yes; Mayor Klandemd, yes. Motion carried. ORDINANCE #47, SERIES OF 2003 ~ Surcharge on Municipal Court Violations David Hoefer, assistant city attorney, pointed out since the last meeting, staff amended the ordinance so the surcharge for traffic tickets is $2 to $8. Hoefer said having a surcharge for substance abuse can be positive to get help for defendants who tend not to re-offend when they have had help. Loren Ryerson, chief of police, Stated this money is not for the police department but will be used to fund services for the community, like victim assistance and substance abuse programs that have no revenue sources. Mayor Klanderud pointed out one of the allowed places for this money is local law enforcement and suggested that be deleted. Mayor Klandemd opened the public hearing. Si Coleman said this town goes to great lengths to keep faith with law enforcement. Coleman said passing this ordinance will degrade that level of respect. Coleman said it is bad to expect the police department to find means of revenue generation. Coleman urged Council to find money to fund these type of programs other than a court surcharge. 15 Regular Meeting Aspen City Council October 14~ 2003 Bob Nix submitted a letter and stated this is an abuse of the legislative process and has nothing to do with home rule. Council has the power to pass an ordinance having to do with substance abuse separately. Brad Osborne told Council he works with the substance abuse issues. Osborne reminded Council Tipsy Taxi got started and was funded with fines out of District Court and has developed into a great program. Osborne said substance abuse issues are not easy to fund. Osborne pointed out Council has review and approval over any funds that will be disbursed out of this fund. Toni Kronberg said there are many valuable services for which this money can be used. The police department gives tickets for safety reasons not to raise money. This charge will raise a small amount of money. Ms. Kronberg said she hopes Council supports this legislation. Coleman stated for a small amount of money, the city will be sacrificing their principles. Nix said this is a witness assistance law, not a perpetrators help. Council should pass another law if that is what they are interested in. David Oakes said the city needs to spend money to provide help to substance abusers. Oakes said this would benefit the community because people would not be drinking and driving. Oakes said substance abusers are victims. Mayor Klanderud closed the public hearing. Mayor Klanderud stated there is a long history of substance abuse task force, Valley Partnership for Drug Prevention, working with the hospital to try and provide a detox center. The detox center in Glenwood Springs is in financial trouble. This detox center relies on funds from cities and counties based on usage of that facility. Mayor Klanderud noted the issue of what to do with substance abuse has been discussed for over 30 years. Mayor Klanderud said the state is instituting a $12 surcharge fund January 1, 2004, on speeding tickets for brain injury fund. MaYor Kl~derud said dealing with substance abuse requires more revenue than the projected $6700. Mayor Klanderud said she would prefer the Council find money in their budget to set aside for detox. Councilwoman Richards noted that this surcharge would be on all municipal offenses, which could add stigma to traffic offenders who had nothing to do with substances. Councilwoman Richards said the potential damage to the public trust is not worth the amount of revenue. Councilwoman Richards agreed Council should find money in the budget for victim's assistance. 16 Regular Meetin~ Aspen City Council October 14, 2003 Councilman Paulson said he cannot support this ordinance and does not want to see the police department turn into a revenue generator. Councilman Semrau agreed this is not appropriate legislation and the city should look at their budget to set aside money to start to substance abuse and start by budgeting $10,000 in the 2004 budget. Councilman Paulson moved to adopt Ordinance #47, Series of 2003, on second reading; seconded by Councilman Semrau, Roll call vote; Councilmembers Semrau, no; Paulson, no; Torre, no; Richards, no; Mayor Klanderud, no. Motion NOT carrie& Councilwoman Richards moved to suspend the rules and extend the meeting to 10 p.m; seconded by Councilman Paulson. All in favor, with the exception of Councilman Semrau. Motion carried. ORDINANCE #48~ SERiES OF 2003 - Chart House Lot Split & GMQS Exemption James Lindt, community development department, told Council this application from Balderson & Cabell LLC is for a lot split and GMQS exemption for a lot split for property at 2 l 9 East Durant into two lots in order to construct a single family residence and a duplex. These structures will conform to the dimensional requirements of the LTR zone. Access will be on the south side of the property, from Dean Avenue. Lindt told Council this application meets the review standards for a lot split, which does not require compliance with the AACP goals, Lindt said the request for a GMQS exemption does not meet the review standards as the fathering parcel is located outside the original Aspen townsite according to the 1881 incorporation plat, which plat is part of Council's packet. Lindt told Council the land use requires a lot be completely within the original Aspen townsite in order to be eligible for a GMQS exemption for lot split. Lindt recommended Council approve the lot split and deny the GMQS exemption. Lindt told Council there is one development right associated with the fathering parcel and the applicant would be able to develop one structure. It would require going through growth management competition to develop any other structures. Start Clauson, representing the applicant, pointed out large cottonwood on the north side of the property. There is a grade differential between the trees 17 Regular Meetin~ Aspen City Council October 14, 2003 and the entrance to the existing restaurant. There is no sidewalk in front of this, which is one reason for accessing the new project from the south off Dean Street. The applicants have said they will work with the parks department to evaluate the trees to either save them or to install a sidewalk and replant cottonwoods. Clauson said any encroachments will be eliminated. The two lots would be conforming. There would be a 3600 square foot duplex and a 3240 square feet single-family residence, meeting current code. Clauson told Cotmcil the current building was built for restaurant use. The lessees defaulted on their lease, leaving the property owners holding the property. Clauson said the issue is whether this lot is eligible for an exemption from growth management. Clauson told Council the lot split provision and the growth management provisions go back 30 years. At that time lots that were contiguous and in the same ownership were merged. If one had 4 standard lots in the same ownership, they were merged. There were some exemptions added to the code, like a single lot split and also a development right on the newly created lot. Clauson acknowledged the development right was associated with the word townsite; however, that term was not defined until 2000. The map of 1881 is one that shows the townsite. Clauson said the 1896 Willitts map is the first thorough attempt at surveying the city and shows the subject property. In 1880 the Chart House property was not shown and was in the Eames addition. In 1896 the Chart House appears as part of the town of Aspen. Clauson showed the 1959 Buchanan map, which was a resurvey of the entire city. This map looked at all lots and blocks that existed and became the official city map. The Eames addition, including the Chart House property, is shown on the Buchanan map. Clauson said stafftold him that no GMQS exemptions were permitted for properties outside the Old Aspen Townsite as shown in the 1881 map. Clausen said 934 West Francis street, which is not in the townsite, was granted a lot split and GMQS bXemPtion in i99'1. ClauSon told Council the definition of townsite was clarified to say that it was only what appears in 1880 is eligible for a GMQS exemption. Clauson said this property is located in the LTR zone, and staff would prefer to see lodging on this property. Clauson said the property owners would like to find a lodging use for this property; however, the owners are not 18 ,.Regular Meetin~ Aspen City Council October 14, 2003 developers and would have to find a development partner. Clauson pointed out that at least 5 fractional fee ownership projects, constituting about 130 units, are somewhere in the process. This property is 12,000 square feet, the same size as the recently approved Dancing Bear project. It is a small lot to be developed as a lodge. Clauson said it seems reasonable to allow the applicant to develop the property not as a lodge if they cannot find a parmer. Clauson requested approval of a lot split, a GMQS exemption and a vested right to allow the applicants as a fall back to use the property as residential. Marcie Balderson, property owner, told Council they purchased this property 40 years ago in order to move the Chart House restaurant. Ms. Balderson said they ran the restaurant for many years, then sold the business and kept the property. Ms. Balderson said the most recent lessee wanted to put in a different type of restaurant and the owners decided against this and the lease was terminated. Ms. Balderson told Council they have spent time and money investigating a lodge on this parcel; however, a lodge of this size would not be able to compete with places like the St. Regis and Hyatt. John Worcester, city attorney, asked if Clauson feels the definition of townsite is incorrect or should be amended. Clauson said the distinction is between standard lots and blocks and areas that are metes and bounds. The concept is that lot and block areas should be granted GMQS exemptions. The Eames addition has the same qualities as the original Aspen townsite. Worcester asked if Clauson agreed that the current land use code refers to the original townsite, which is defined in the code. Clauson said in the sense that it talks about the 1880 plat. Worcester said the original plat also includes a legal description of the boundaries of the original townsite, which can be platted On a map today. Clauson noted there are measurements on other maps; there are 4 acknowledged townsite lines that vary in their position. Worcester reiterated the boundaries of the original townsite are defined by legal metes and bounds. Worcester said because the land use code reads the way it does, the applicant would have to process a code amendment regarding GMQS exemption. Worcester stated it is clear in the land use code that if land is partially in and partially outside of the original townsite, it is not eligible for a GMQS exemPtion. Worcester told Council there was a code interpretation in 1999 where staff stated Original Townsite means the 1880 maps and this was codified in 2000. 19 Regular Meeting Aspen City, Council October 14, 2003 Mayor Klanderud opened the public hearing. Dick Butera said the concept ifa resort keeps building lodge rooms, people will come, is a faulty concept. Butera said people come for other reasons before room availability. Butera asked if it is fair to force someone into a business that cannot compete with others already in business like the Hyatt or Little Nell. This site is too small for a meaningful lodge. Butera noted this parcel is halfway in thc townsite as shown on the 1880 map. Butera said the Baldersons maintained a restaurant tradition for years and years. Charlie Paterson said forcing a hotel on this particular property is an unfair burden on a long time property owner, especially in this economic downturn. Paterson said the question is whether thc city needs another unoccupied building in Aspen. Paterson suggested letting the free market forces take their course. Adam Goldsmith, adjacent property owner, said a residence would be in his best interest rather than a too tall building. Goldsmith said Council should keep in mind rights of the landOWners as well as the surrounding neighbors. Mayor Klanderud entered into the record a note from Susan O'Neal, SouthpOint CondOminium, opposing the exemption. Mayor Klanderud closed the public hearing Worcester reiterated if Council is interested in granting an exemption, they will need to do a code amendment to allow it. Mayor Klanderud aSked about the request for vested rights. Clauson said this would be for the development plan as shown. Mayor Klanderud said COuncil is not forcing this property into a lodge if the GMQS exemption is not approved. Lindt said if Council approves the lot split and not the GMQS exemption, the applicants will have the ability to build a single-family residence on one lot and then to compete in the growth management competition. Councilwoman Richards pointed out many affordable housing units in town have been the result of GMQS projects. Every time there is an exemption to GMQS, that creates second home development, demand for new jobs without affordable housing mitigation. The GMQS ComPetiti°n is to get well-designed projects, compatibility with the neighborhood and to meet the mitigation requirements. Councilwoman Richards said she does not see a reason to give an exemption. Councilwoman Richards noted the second home industry is part of the reason for Aspen's declining tourist industry. Councilwoman Richards said Council needs to balance the community of 20 Regular Meetin~ Aspen City Council October 14, 2003 the past with the community of the future. Councilman Paulson agreed he cannot support the GMQS exemption. Councilwoman Richards moved to adopt Ordinance #48, Series of 2003, giving an GMQS exemption; seconded by Councilman Paulson. Councilman Semrau said the GMQS competition is not onerous and does not preclude use of this property as residential. Clanson told Council the reason for requesting vested rights is to allow a fall back position as the property owners pursue a lodging partner. If they do not have a vested right, they would have to rush to get a building permit if there were to be a zoning code change. Worcester pointed out there is no site-specific development plan to which a vested rights could be attached. The applicants are asking for protection from a zoning change. Roll call vote; Councilmembers Paulson, no; Torte, no; Semrau, no; Richards, no; Mayor Klanderud, no. Motion NOT carried. Councilwoman Richards moved to adopt the alternate Ordinance #48, Series of 2003 giving a subdivision exemption for a lot split to create lots I and 2; seconded by Councilman Semrau. Councilman Paulson said he finds it unfortunate what is happening in this community and that tradition cannot continue. Roll call vote; Councilmembers Richards, yes; Semrau, yes; Panlson, yes; Torte, no; Mayor Klanderud, yes. Motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 10:45 p.m.; seconded by Councilman Paulson. All in favor, with the exception of Councilman Semrau. Motion carried ORDINANCE #50, SERIES OF 2003 ~ General 06ii~fiti~fi R6~ndihg Bonds Paul Menter, finance director, told Council these $7.9 million bonds went to market October 1st. The bonds cover refunding the Marolt, Truscott and the Red Brick bonds. The savings were $1.02 million. 21 Regular Meeting Aspen Ci,ty Council October 14~ 2003 Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Panlson moved to adopt Ordinance #50, Series of 2003, on second read~ng; seconded by Councilman Paulson. Roll call vote; Councilmembers Torre, yes; Richards, yes; Semrau, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #97, SERIES OF 2003 - Cemetery Lane Phase Ii Contract Ed Sadler, assistant city manager, reminded Council several months ago they approved a contract to move the sewer line. Sadler said staff and the contractor, BTE, worked to get the price within budget, which they were not able to do. Sadler noted there are two alternative contracts and the big difference is the bridge across the river~ The price with the bridge is $328,000 higher and they are both higher than budget. Sadler said the trail can use the existing bridge but pedestrians would have to cross the road to access the bridge. Sadler said there is money available in the parks fund to do the alternative with the bridge. Councilman Semrau asked why this is over the original budget. Jeff Woods, parks director, told Council the original budget did not foresee moving and reinforcing the sewer, which cost $125,000. Woods said this type of project is difficult to estimate the costs. There were 7 bidders initially and most dropped out because of the technical challenges of the project. Councilman Semrau said he would like to approve the project with the higher cost in order to get it complete and for safety reasons. Councilman Semrau requested in the future staff quantify the degree of uncertainty in projects. Councilwoman Richards agreed the project should be completed correctly. Councilwoman Richards noted the cost differential over 20 years is about $8,000/year. Councilman Paulson asked about the grove of trees in Stein Park. Scott Chism, parks department, said these would need to be eliminated, as the pedestrian bridge will have to parallel to the vehicle bridge. There will be significant replanting. Councilman Torre asked about using the existing bridge. Woods told Council the engineers said it would be more expensive because the bridge is in need of extensive work to widen it. Councilman Paulson moved to approve Resolution #97, Series of 2003, with the bridge; seconded by Councilman Torre. All in favor, motion carried. 22 Regular Meeting A, spen City Council October 14, 2003 Councilman Semrau moved to go into executive session at 10:35 p.m, pursuant to C.R.S. 24-6-402-4(a), acquisition of real property and 24-6- 402(4)(b) conference with counsel to discuss sensitive materials; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Torre moved to come out of executive session at 11:20 p.m.; seconded by Councilman Semrau. All in favor, motion carded. Councilman Semrau moved to adjourn at 11:20 p.m.; seconded by Councilman Torre. All in favor, motion carried. Kathryn Koch, City Clerk 23