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HomeMy WebLinkAboutminutes.council.19981214Aspen City Council Regular Meeting December 14; 1998 Mayor John Bennett called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Richards, Markalunas and Vickery present. 1. Connie Harvey said it is important to make dumpsters bear proof and to do it before the next spring. Ms: Harvey said. homeowners should get a letter about double plastic bagging their garbage. Councilwoman Richards said the city has been talking about forming a bear task force to look into all the issues related to animals in garbage before spring. i. Councilman Paulson requested adding to the consent calendar.. request for funds for the Welcome Home Ute Ski Celebration of $2;000 from Council contingency. Councilwoman Richards moved to add this request for funds to the. end of Council agenda; seconded by Councilman Markalunas. .All in favor, motion carried. 2. Councilman Paulson said he is concerned about the environmental. impacts of using magnesium chloride on the streets until the city knows more about its effects. City Manager Margerum told Council the environmental health department is working on a report, which will be forwarded to Council as soon as it is complete. Mayor Bennett agreed it is time to revisit the issue. The city started using magnesium chloride because it was less harmful than sand. Councilwoman Richards said she would also like to know the quantity being used by the streets departments. 3. Councilwoman Richards requested that staff replace the flags outside city hall. 4. Councilman Markalunas said he is pleased about the purchase of wind power. The city needs to work toward a long range goal of 100 percent renewable energy. Councilman Markalunas said he will be happy to see this maintained about 50 percent. i As en Ci Council Regular Meeting December 14, 1998. 5. Councilman Vickery read from Wallace Stegner's book about the west and what makes places like Colorado special. 6. Mayor Bennett thanked everyone who attended the AACP community plan meeting. 7. Amy Margerum, city manager, told Council the .city has received a second test result on the city's water, .which is l00 percent in compliance with the water standards and is not passing on any giardia. Councilman Markalunas requested Resolution #94 be taken off the consent calendar. Councilwoman: Richards moved to read Ordinances 51, 52, 53; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #51 Series of 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN,. COLORADO, TO BE KNOWN AND DESIGNATED AS THE "CASTLE CREEK CONDOMINIUMS" ANNEXATION ORDINANCE #52 Series of 1998 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE REZONING OF THE CASTLE CREEK APARTMENTS TO RESIDENTIAL MULTI-FAMILY (RMF) WHERE SAID PROPERTY: IS LOCATED AT 855 WEST HALLAM, CITY OF ASPEN, PITKIN COUNTY, COLORADO, PARCEL I.D. 2735-123-00-820 z As en Ci Council Regular Meeting December 14,1998- ORDINANCE #53 Series of 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "ISELIN AND ROTARY PARK" ANNEXATION was read by the city'clerk Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Paulson. Roll call vote: Councilmembers - Paulson, yes; Vickery, yes; Markalunas, .yes; Richards, yes; Mayor Bennett ,yes. Motion carried. • Resolution #90, 1998 -Temporary Municipal Judge/Ron Garfield • Ordinance #51, 1998 -Castle Creek Condominiums Annexation • Ordinance #52, 1998 -Castle Creek Condominiums Rezoning • Resolution #95, 1998 - IGA Pitkin County -Wetlands • Ordinance #53, 1998- Iselin/Rotary Park Annexation • Resolution #91, 1998 -Parking for Single-Family Residential Structures in CC Zone • Resolution #92, 1998 -State Income Tax Credits for Historic Rehabilitation • Resolution #93, 1998 -Accepting Road Dedication Deeds from Maroon Creek. Club RF.SOT, TTION #94, SER_TES OF 1998-Platte River Power Proposal Purchase of Wind Energy Phil Overeynder, water department director, reminded Council in July they issued a letter of intent to purchase wind energy. The only proposal received is from the Platte River Authority. John Worcester, city attorney, 3 Aspen City Council Regular Meeting_ December 14,998 noted this resolution accepts Platte River's proposal to negotiate he final terms. This will give staff the authority to negotiate that final agreement; the agreement will be subject to Council approval. Councilwoman Richards moved to adopt Resolution #94, Series of 1998; seconded by. Councilman Markalunas. All in favor, motion carried. Councilman Vickery. moved to continue Ordinance #44, Series of 1998, to January 11, 1999; seconded by Councilman Paulson. All in favor, motion carried: ORDINANCE #48, .RTR OF 19 8 -Historic Designation 117 N. Sixth Amy Guthrie, community .development department, told Council both P & Z and HPC have recommended. historic designation finding that 3 review standards -architectural importance,.. neighborhood and community character -have been met. This site contains a small miner's cottage. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed he public hearing. Councilwoman. Richards asked if this automatically qualifies for a historic lot split. Ms: Guthrie said it is eligible but would have to go through the land use process. The owner is not interested in a lot split but has developed. a single.family house plan on site. Councilwoman Richards said with a historic lot split,:. there. can be two garages instead of one, which gives a de facto FAR bonus. Councilwoman Richards said Council has. discussed the idea of dividing the FAR between the. two .lots in a lot split or whether as part of the granting of the lot split there should be reduction in the FAR. Councilwoman Richards said she hopes P & Z and HPC discuss these ideas before there are. any. more historic lot splits. Council. agreed they would like staff to look into a code amendment about historic lot splits, reducing FAR and the de facto FAR bonus with 2 garages. Councilman Markalunas moved to adopt Ordinance #48, Series of 1998, on second reading; seconded by Councilman Paulson; -Roll callvote: Councilmembers Markalunas, .yes; Vickery, yes; Richards,. yes; Paulson, yes; .Mayor. Bennett, .yes.. Motion carried. 4 Asuen City Council Regular Meeting December 14, 1998 ORDINANCE #~3, SER_iE5 OF 1998 Code Amendment Garbage, Trash and Ashes Brian Flynn, environmental ordinance, reminded Council at the earlier consideration ofthis ordinance, Council had asked staff to .address issues brought up by users and trash companies. Flynn told. Council since then CCLC has had several public hearings with local businesses and trash haulers. Flynn told Council the current code requires all garbage,. trash and ashes be deposited in animal proof covered containers or in a dumpster approved by the environmental health department. Flynn said the code also requires that the area around the dumpster be maintained free of trash.. Staff is recommending Section 12.04.020 be amended to require the use of trash compactors in the commercial core, rather than dumpsters. Staff - further recommends 12.04.030 be amended to require the compactors be maintained to be free of trash. Flynn noted staff has added to the amendment that businesses applying for business licenses provide the name of the trash company so the city will know they are in compliance by having a trash company. The ordinance further requires that any trash container approved by the city not encroach on required off`alley`parking or block city right-of-way. Flynn said noted this does not go into effect until November 1999, which will give businesses a year to comply with the ordinance. Flynn said each alley is individual in use and character and it will take time to look at each alley, find places for the compactors that work for the entire alley. Flynn said a benefit from this is that is will maintain a public right-of-way by clearing alleys of obstruction and allow for better deliveries and use by emergency vehicles Flynn said it may reduce the truck. traffic through town because some of the larger compactors need to be picked np once a week rather than daily or several times a week. Flynn said this should secure waste better than in a dumpster. Tom Dunlop, environmental health director, told Council the hope is to have fewer trucks in the downtown core because dumpsters do not have to be emptied as often as dumpsters.. Councilman Markalunas asked if "animal proof' can be construed to also be bear proof, Mayor Bennett asked how animal proof are the trash compactors: Flynn said ourrent users s Ashen City Council Regular Meeting December I4, 1998 have to have either a key or code to open_the compactor. The compactors are bear proof. John Worcester, city attorney, suggested Council clarify the code by adding that all trash containers in the city be "bear proof". Mayor Bennett opened the public hearing. Connie Harvey asked if compactors are more quiet; some people have complained about compactor noise. Flynn said the. newer compactors run almost noiselessly. Mayor Bennett asked about including a decibel level in the ordinance. Dunlop said this could be part of the agreement when the compactors are placed on the city's right-of-way. The design specs can outline the standard decibel level that has to be met. Worcester suggested any discussion of bear. proofing be postponed until this can be addressed for the entire city, Worcester said bears in the commercial core may not have been a problem. Tom. Elder, manager of the Red Onion, said they had a compactor in their alleys for several years and have gone back to a dumpster. One of the main problems with compactors is that not everyone has access and then they just dump the. garbage in the alley. Flynn said compactors now have punch codes, which should alleviate the problem of people losing their keys. John Hamwi, Little Annie's Eating House, said idealistically it is a good goal to get fewer trucks in town. Hamwi said this maybe forcing something on business owners before the technology is in place. Hamwi. said a high volume business., like Little Annie's, would still need frequent pickup even with a compactor. Hamwi said. Brian Flynn has been doing a good. job and he alleys. are in better shape. Hamwi said he feels an 11- month deadline is too soon for this program to go into effect Tony Vagneur, Trash World, said he is concerned. about the language not allowing more than 3 trash pickups per week. Vagneur said he has been told this does not apply to compactors .but it should be made. more clear in the ordinance. Vagneur said there has been more cooperation between businesses and'trash haulers. Trash compactors shouldonly be installed where they make sense. Vagneur said the city has an ordinance that businesses must make a trash area on site: Most businesses call Vagneur. and say the real estate is too valuable for a trash and ask if the trash can be 6 Aspen City Council Regular Meeting December 14, 1998 picked up somewhere else. Vagneur said there are very few dumpsters on private rights-of-way. Mayor Bennett closed the public hearing. .Councilman Markalunas suggested trash pickup be allowed 4 days a week. Mayor Bennett said he is surprised to hear the compactor in the Red Onion alley is not working. Mayor Bennett suggested there should be a successful experiment before enacting an ordinance. Flynn said the compactor in the Brand Building alley services. the whole alley and is successful. Councilwoman Richards said trying to balance. all the objectives of less truck traffic, reducing noise;.. freeing up space for delivery vehicles as well as running a business in the commercial core, this ordinance may have not yet struck the right balance. Councilwoman Richards said the work done by staff and CCLC so far has been good; there should be morework done on the bear issue. Councilwoman Richards said businesses need control over the frequency of their trash pickup depending on the. time of year and the level of business. John Hamwi said Little Annie's would be willing to be an experiment if the city would rent or lease a compactor for the space in their alley. Councilman Paulson asked if there is arecycling-aspect with compactors. Flynn said compactors generally discourage recycling. Recycling would, require more containers in the alley. Councilman Paulson said he would prefer to find a way to encourage recycling. Dunlop said private property. owners could contract with recycling companies to rent a space in the alley for containers. Councilwoman Richards said she does not feel this code amendment is cohesive enough to pass. Mayor Bennett said there are some elements of the ordinance he would be willing to adopt, like proof of trash service and requiring that downtown trash receptacles be bearproofed. Mayor Bennett said the trash compactor experiments seem to be successful at 50 percent, which is,not enough to enact laws for all the. businesses in the downtown area. Mayor Bennett said he would like recycling to be part of the complete plan. Mayor Bennett suggested taking up Little Annie's on their offer of an As n Ci Council Reg~Iar Meeting December 14, 1998 experiment. Mayor Bennett said he feels the basic idea is a good. one; however, this code. amendment seems to need more work. Councilman Markalunas said recycling should be mandatory. The city/county landfill is quickly filling up. The odor problem in alleys needs to be addressed.. There should be more flexible pickup.: Councilman Markalunas agreed staff and CCLC should be commended for heir work and they should continue refining the ordinance.. Councilwoman Richards moved to continue Ordinance #3, Series of 1998, to March 8, 1999; seconded by Councilman Paulson. All in favor, .motion carried...... O INN ; #54, SERTFB OF 1998 =Burlingame Annexation Councilman Paulson moved to read Ordinance #54, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #54 Series of 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE. CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE BURLINGAME RANCH ANNEXATION was read.. by the city clerk John Worcester, city attorney, told Council this is an annexation of the city-owned property west of town. Worcester showed`a map of the proposed areas to be annexed. Annexation is entirely within Council's discretion.. This property was purchased by the city with the idea of affordable housing in mind. Connie Harvey said she agreed with Stephanie Sulllivan; that it would be nice to work out the issues before the city proceeds with annexation. The property has to be zoned within 90 days. of annexation and the uses are a big issue. This property is extremely sensitive environmentally. Joy Caudill also agreed with Ms. Sullivan's letter. Ms. Caudill said various s Ashen Cit~Council Regular Meeting ' December 141998 groups have been working on the plan for this property in order to keep development out of the bowl area. Worcester noted this action is not to rezone the property; however, state statutes require this be zoned within 90 days of annexation. The issue is whether within 90 days the city will .know where the affordable housing will be located. Worcester said he would recommend against AH zoning at this point as the city requires private developers when come in with an AH rezoning to define the entire project before rezoning. Staff has concluded to rezone any parcels not identified with the affordable housing RR, rural residential, which is the closest zone district to that in the county. Cindy Houben, community development department, told Council the Board of County Commissioners has concerns relative to future annexations on the southside of the parcel. There is a ridge line which delineates the Owl Creek side versus the side towards highway 82. Pitkin County requests the city look at a subdivision of a 35 acre parcel off to the Owl Creek side, which would still allow a development right on that parcel but it would remain in the county. Councilwoman Richards asked if the city could chose which parts of the parcel they want to annex without subdivision. Worcester said there is no legal impediment to annexing less than the entire parcel with the consent of the owner. This would not create a de jure subdivision. Ms. Houben said. this separation and subdivision would alleviate county concerns about further annexation up Owl Creek valley. Mayor Bennett said the city has no plans to start annexing into Owl Creek. Worcester noted there is an annexation petition from an owner. south of this proposed annexation in Owl Creek who cannot continue his process until the city annexes the entire parcel. Mayor Bennett asked if there are deadlines for this annexation. Worcester. said all land use approvals are contingent upon annexation. The MAA plans on breaking ground in the spring. Jim Curtis said if there is a change in the outside perimeter. of this annexation, the process would have to start over, which would take at least 90 days. Councilwoman Richards said she would like to accommodate. the county's concerns on this annexation. Julie Ann Woods, community development director, said if Council's intent is to 9 Ashen Ci Council Regular Meeting December 14, 1998 sell off a single family parcel quickly, it would be better to do it through. . the county .under a 35 acre exemption. Councilman Paulson asked if the floor area ratio for this proposed 35 acre parcel would be smaller in the city or county; Worcester noted if the lot were in the city's jurisdiction, the house could be deed restricted to a certain size. Councilman Paulson said he would like to start with zoning that allows the minimum building. Joy Caudill urged Council to get reports from the County Wildlife officer on the deer and elk migration patterns on the property. Councilman Paulson said he would prefer to only annex what. they city has identified as property they will need for affordable housing projects. Worcester .suggested passing this ordinance and having staff work on the concerns before second reading. Council can then deny the ordinance at second reading. t Councilwoman Richards moved to adopt Ordinance #54, Series of 1998, , on first reading; seconded by Mayor Bennett . Roll call vote: Councilmembers Richards, yes; Vickery, yes; Markalunas, yes; Paulson, no; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to direct staff to proceed with annexation application. for the entire Burlingame parcel except for the 35 acres parcel or as much: land is necessary on the.West Buttermilk side to remain in the county and to satisfy the county's concerns; .seconded by Mayor Bennett. All in favor with the exception of Councilman Paulson, motion carried. Lysa Usher, transportation department, noted that the west end neighborhood is one area in town. that does nothave direct bus service.. The city and RFTA had hoped to provide shuttle or dial-a-ride service; however, RFTA. has not been able to hire enough drivers to expand their service for the second winter season. Council budgeted $62,000 for this in 1997. The same amount is budgeted for this winter. This trail program will cost $42,000 and if Council decides to continue it through the season, the total would be about $67,000. Ms. Usher. said this is an agreement io Aspen Ci Council Regular Meeting December 141998. worked out with High Mountain Taxi to allow a shuttle route circulating through the west end for the next 10 weeks to see if there is_a demand for this service. The vehicles will be taxi passenger vans with service from 7:30 a.m. to 12:30 a.m., every half hour during peak times and hourly the rest of the time. The cost will be $24/run and. will be paid for from the transit program. Ms. Usher said the planned route on Smuggler :street was chosen because Hallam and Bleeker are only two blocks from. Main street, where there is bus service. Council discussed the route and suggested the bus go Weston Smuggler and east on Hallam in order to cover more residences. Council expressed concern that there are no outside ski. racks on the vans and that the driver will have. to stop and .help every skiperson with their skis. This could slow down the service. Councilman Paulson moved to suspend the rules and extend the meeting to 9:20 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Ms. Usher reiterated this is an experiment to see if the ridership and interest are there in the west end. The hours of operation and the length of the experiment can be altered. Councilwoman Richards moved to go forward with a 10-week experiment and to continue with the loop as discussed by Council, using both Smuggler and Hallam-and have staff carefully monitar the route and if more vehicles are needed to make it work, this can be expanded; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 9:35 p.m.; seconded by Councilman Vickery . All in favor, with the exception of Mayor Bennett . Motion carried. RF~iTF.ST FOR S-Welcome Home Ute Ski Corporation Councilman Paulson told Council Susie Chaffee started a program called Earth Voices, which is reintroducing Ute Indians back to their former home land. Six years ago the city dedicated Ute Cemetery Park and a114 ii Aspen City Council Regular Meeting December 14, 1998 Ute tribes were in Aspen; this had not happened for the last 100 years. Councilman Paulson said Ms. Chaffee put together a $5200 budget and he would like to give. $2,000. to get this program started in Aspen. Councilman Markalunas suggested this be matched by the Ski Company or some other businesses in Aspen. Ms. Chaffee has contacted Grassroots Aspen for help on this program. Councilwoman Richards said she would like to make sure the suggested activities are approved by the Tribal Elders and that the city is not supporting an activity that is insulting. If this is to be ari on-going grant, after this year it should be reviewed by standards that other -grant requests go through. Councilman Paulson moved to appropriate $2,000 to Welcome Home Ute Ski Corporation to be taken from 1998 Council contingency, conditioned the city receiving full disclosure; is this a certified non-profit corporation, what other activities are involved, are there any fund raising or commercial activities from this group.; seconded by Councilwoman Richards. All iri favor, motion carried. Councilwoman Richards moved to go into executive session at 9:25 p.m. for the purpose of discussing litigation; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas moved to come out of executive session at 9:29 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Markalunas moved to approve Resolution #96, Series of 1998, approving a settlement and .release in Schinderman vs. the City of Aspen case; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to fund $30,000 from Council's contingency toward production of a film on Aspen's character and history and $1,000 for play equipment for the children's drop in program at the Red Brick center; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas moved to adjourn at 9:.35 p.m.; seconded by Mayor Bennett. All in favor, motion carried.