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HomeMy WebLinkAboutminutes.council.20020722Regular Meeting Aspen City Council July 22, 2002 CITIZEN COMMENTS .................................................................................. 2 COUNCILMEMBER COMMENTS.i ............................. ~ ............. ii ............... 5 CONSENT CALENDAR...i.i ......................................................................... 5 [] Resolution #61, 2002 - Vehicle Contract - Kodiak Snowblower ....... 6 [] Resolution #62, 2002 - Contract Unitel for Iselin Facility Data Cabling, Audio Visual ................................................................................. 6 [] Resolution #64, 2002 - Contract Tatanka Historical Association Ute Cemetery ReStoration .................................................................................. 6 [] Resolution #65, 2002 - Appointment of Paul Menter as Finance Director ...................................................................... .................................. 6 [] Resolution #66, 2002 - Authority to Sign Wire Transfer ................... 6 vi Minutes ~ June 24, July 8th as corrected, 2002 .................................... 6 RESOLUTION #63, 2002 - Contract Gould - CemeterY Lane Improvements LOCATION OF RESTORED TROLLEY ..................................................... 7 FIRST READING OF ORDINANACES i.i ........ ,"..i"iiiiil,.i"ii.i."" ......... i.. 8 [] Ordinance #26, 2002 - Lot 5, Rio Grande Subdivision SPA Amendment ...................................................................... ........................... 8 [] Ordinance #27, 2002 - Public Noticing Land Use Code Amendments vi Ordinance #28, 2002- Rez°ning 311 S. First.."i ....... i ........................ 8 [] Ordinance #29, 2002 - Code Amendment - Housing Payment in Lieu ORDINANCE #25, SERIES OF 2002 - Repealing Resolution #34, 2002 - Conveyance of Land to CDOT ....................................................................... 9 ORDINANCE #21, SERIES OF 2002 - Code Amendment Fractional Ownership ..................................................................................................... 13 ORDINANCE #23, SERIS OF 2002 - 635 West Bleeker Hist°ric Lot Split ............................................................................................... ~.... ................. 13 ORDINANCE # I 0, SERIES OF 2002 - Junior Golf Subdivision, Rezoning, PUD Amendment .......................................................................................... 14 RESOLUTION #67, SERIES OF 2002 - Sale of Junior Golf Building and License Agreement ........................................................................................ 15 ARTS GRANTS ............................................................................................ 16 1 Regular Meeting Aspen City Council July 22, 2002 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Paulson, Semrau, McCabe and Hershey present~ CITIZEN cOMMENTS 1. Barry Gordon requested a moratorium against further proliferation of retail spaces in the downtown core on behalf of the Aspen Retail Merchants' Association. Gordon acknowledged the city has been working toward this with the infill project for the last year. Gordon said the merchants do not want the moratorium as part of the infill project. GordOn pointed out Park City is considering adopting zoning that would force real estate offices to vacate first floor spaces because they do not generate sales tax. Gordon said the merchants feel issues get talked about on and on and nothing gets done so that a moratorium is in order. Gordon implored Council to take action now. Mayor Klanderud said the only action Council can take tonight would be direct' staff to prepare some legislation. 2. Mick Ireland reported he attended the NWCCOG conference and the business phenomena in resort communities was discussed. Ireland said downtowns in resort communities have been hollowed out by businesses that are not sales tax producing, like real estate display offices. Ireland noted as the population ages, there will be feWer people particiPating in a retail experience. 3. Toni Kronberg said the sales tax receipts have dropped and that is serious for Aspen. The COuncil needs to think about the image for Aspen and what they are going to market, will this be real estate offices. 4. Kristin Palmer, Ritz/Carlton Club owner, told Council they have been coming to Aspen for 10 years. Ms. Palmer said what has been attractive about Aspen is the retail. Ms. Palmer told Council said there used to be a much wider selection of storeS in which to shop. There is less to do in Aspen, which will hurt tourism. 5. Becky Dumeresque supports Barry Gordon's proposal and supports trying to bring the vitality back to Aspen. Ms. Dumeresque said the community has become blah; there are not people in the malls in the evenings. 2 Regular Meeting Aspen Ci,ty Council July 22, 2002 6. Jay Magidson said he is against micromanagement of individual types of businesses. Magidson said a large problem is the 60% mitigation requirement for affordable housing in commercial development. There has been no commercial development in years and no more affordable housing because of this requirement. Mayor Klanderud said the city is looking at the codes that may interfere with rather than facilitate what Council is trying to accomplish. 7. Tom Alpern said he feels his mobile vending business adds to the character of the town. Alpem said he does not feel a moratorium will ad&ess the problem. 8. Andrew Kole said the moratorium is a bad idea and would be bad public relations for Aspen. Kole said real estate is Aspen's business right now. Kole noted that fun is not going from store to store; fun is people having fun and people do not need a store to have fun. 9. Ernie Fyrwald said he was in retail for 28 years and is now in real estate. Fyrwald told Council he was involved in the downtown enhancement pedestrian program. Fyrwald suggested the city look at turning the alleys into storefronts so that there could be smaller retail spaces. The alley could create new 300 to 500 square foot spaces, which could offer a more unique retail space. 10. Jerry Bovino said Barry Gordon is coming up with creative ideas to help create changes to get Aspen to be better. Bovino said it would be great to have people working together and do it with a 10-point plan, from welcoming guests at the airport to improving the retail experience. 11. Albert Sanford, gallery owner, said everything in Aspen gets mired in controversy. Sanford pointed out there is a proposed increase in property taxes, which affects commercial properties, the lessees and the business. 12. Heidi Friedland pointed out there is a group looking at maximum store sizes, which could be important in shaping what is going on in the commercial core. 13. Ruth Kruger noted these real estate offices will only be in town until the fractional fee projects are sold out. The fractional fee projects will bring 3 Regular Meeting Aspen City Council July 22~ 2002 people into town. People who own these units will come to town and will come several times a year. More people in town should help businesses. Councilman Hershey said Council cannot change the zoning on 12 square blocks on a whim and do it too quickly. Councilman Hershey said a rushed solution is no solution. Councilman Hershey pointed out there are factors outside of Aspen's control that are affecting the commercial environment. Real estate is currently driving Aspen's economy. Councilman Hershey said one concern is that if real estate offices are zoned out of the commercial core, they will move into adjacent C-I and Office zones and force out doctors, dentists and other offices. Councilman Hershey said it may lead to more problems if Council were to dictate to landlords to whom they could rent their businesses. Councilman Hershey opposes a moratorium or emergency ordinance. Councilman Hershey agreed to look at this either with the in fill recommendations or separate from infill. Councilman paUlson said he would like Council t° address this item at the end of the meeting and direct staff to draft a moratorium or emergency ordinance. Councilman Paulson moved to add this to the agenda under action items. Motion DIES for lack of a Second. Councilman McCabe agreed a thoughtful look at the prOblem is in order. Councilman McCabe also agreed there are ramifications in taking quick, unthought out action. Councilman McCabe said various groups are looking at the vitality of the town, the economic sustainability committee, the infill group, and the CCLC. This is complicated with no quick answer. Councilman Semrau said there haVe been many valid Points made, including that things do not happen quickly in Aspen. One reason for that is Council listens to everyone. Another reason is that the first rule of government is to do no harm. Councilman Semrau said when things are done quickly, there can be unintended consequences. Councilman Semrau agreed everyone is interested in revitalizing the commercial core. This is a debate of how the changes will be discussed and when will they be instituted. Councilman Semrau said he does not believe a moratorium would be useful. Councilman Semrau supports a public process to make changes and also to direct staffto see what they can do to speed up the process and to include suggestions limiting 1st floor commercial space to retail establishments, changing the 4 Regular Meeting Aspen Ci.ty Council ,July 22, 2002 zoning to allow commercial spaces in alleys, and a debate about limking store sizes. Councilman Semrau requested this be expedited, Mayor Klanderud supports those suggestions. Staffand Council can decide whether this should be part of or separate from the infill recommendations. Mayor Klanderud noted there are criteria on which Council may adopt action by emergency ordinances and the conditions do not exist to declare a moratorium or to take action on an emergency basis. Mayor Klandemd said there are other actions that can be taken by the retailers, like having one night a week where stores stay open late. COUNCILMEMBER COMMENTS 1. Mayor Klanderud congratulated everyone who made Race for the Cure a successful event. 2. Councilman Semrau told Council at the last Housing Board meeting, changes to resident occupied guidelines were discussed. Nothing was decided and this will be discussed again August 7th. 3. The next Obermeyer COWOP meeting is Wednesday August 7th fi.om 2 to 5 p~m~ CONSENT CALENDAR Councilman Hershey pulled VI(h), Location of Restored Trolley. Councilman Panlson asked if action on the Tatanka contract Should be delayed until after the open house on Ute Cemetery Thursday. Amy Guthrie, community development department, said the open house is Thursday, JulY 25th at I 1 .m. at the cemetery. Ms. Guthrie said this money is a grant and is to restore the grave markers. There have been no negative comments about restoration of the markers. Mayor Klanderud said the hope is to get this done by Veteran's day. Mayor Klandemd pulled the July 8th minutes for correction to the motion regarding Resolution #59, Series of 2002, page 14, last paragraph. The motion indicates a 10-foot driveway. Mayor Klanderud said the discussion was a 10 foot paved driveway with 3 feet of gravel on each side. Mayor Klanderud said the right-of-way should be 20 feet and the gravel portion should only be 10 feet. Council agreed. Regular Meetin~ Aspen City Council July 22, 2002 Councilman Semrau requested Resolution #63, Series of 2002, Cemetery Lane Contract, be pulled, from the Consent calendar. Councilman Hershey moved to approve the consent calendar as amended; seconded by Councilman McCabe. The consent calendar is: ~ Resolution #61, 2002 - Vehicle COntract - Kodiak Snowblower :~ Resolution #62, 2002 - Contract Unitel for Iselin Facility Data Cabling, Audio Visual c~ Resolution #64, 2002 - Contract Tatanka Historical Association Ute Cemetery Restoration c~ Resolution #65, 2002 - Appointment of Paul Menter as Finance Director ~ Resolution #66, 2002 - Authority to Sign Wire Transfer ~ Minutes - June 24, July 8th as corrected, 2002 RESOLUTION #63~ 2002 - Contract Gould - Cemetery Lane Improvements Councilman Semrau pOinted out the memorandum referring to $2 million in interest accrued to date and that Council has discretion where to spend the $1 million in interest. Councilman Semrau asked specifically what this means and how it relates to phase I and phase II. Jeff Woods, parks director, reminded Council at a work session earlier this year, staffpresented various funding sources. One of these was $1,036,000 from the bond and staff asked if they could spend up to $1.2 million if needed for Cemetery Lane. Steve Barwick, city manager, said there was a $14 million bond; some of the money has been spent, some is accruing interest. The $1,000,000 is not a detailed figure. There are some arbitrage concerns; some money may have to be returned to the federal government. Barwick said $200,000 has been allocated to the Iselin project. There is probably another $200,000 for Cemetery Lane Improvements. Councilman Semrau said he would like to know if there are any discretionary funds for phase II of this project and if there are any funds that canbe applied to the Iselin project. Mayor Klanderud noted the bid came in 6 Regular Meetin~ Aspen City Council July 22, 2002 under proposed budget. C~ouncilman Semrau said spending $1.2 million for phase I commits the city to phase II. Woods told Council staff is applying for grants as well as lottery funds to help pay for phase II. Woods noted the price of $890,000 for phase I is within budget and below staffs estimate. Councilman McCabe said in projects like this, Council shOuld know what the arbitrage deadline is and the arbitrage costs to factor into decision making. Councilman Hershey moved to approve Resolution #63, Series of 2002; seconded by Councilman Paulson. All in favor, motion carried: LOCATION OF RESTORED TROLLEY Councilman Hershey said he supports locating a restored trolley so the public can see it; however, it may not be legal to put a restored trolley on public Spaces with the trolley question on the November ballot. Councilman Hershey said this may be perceived as campaigning in favor ora ballot initiative. Ed Sadler, asset manager, told Council when the trolley is ready for public display, the civic center master plan will be farther along. Council can assess where the trolley could be displayed. Councilman McCabe said if it is displayed on public property, then Council can put a timeline on this. Mayor Klandemd said she thought this was to be on display prior to the November election and to be removed after the election. Mayor Klandemd agreed the concern of placement on public property before the election is troublesome. Councilman Paulson asked about releasing the $20,000 to pay the restorer. Sadler said if the Aspen Railway Company gives the city a letter stating they have an alternate location on private property, staff can release the funds. Council agreed the trolley could be placed on private property and requested the city attorney's office issue an opinion about the election issue before any public place is chosen. Regular Meeting Aspen City COunCil July 22~ 2002 FIRST READING OF ORDINANACES ~ Ordinance #26, 2002 - Lot 5, Rio Grande Subdivision SPA Amendment o Ordinance #27, 2002 - Public Noticing Land Use Code Amendments o Ordinance #28, 2002 - Rezoning 311 S. First a Ordinance #29, 2002 - Code Amendment -Housing Payment in Lieu Councilman Hershey moved to read Ordinances #26 through 29, Series of 2002; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE NO. 26 (SERIES OF 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE RIO GRANDE SPECIALLY PLANNED AREA TO INSTALL FOUR pARKING SPACES, LANDSCAPING, AND A NEW CURB CUT OFF OF EAST BLEEKER STREET ON LOT 5, RIO GRANDE SUBDIVISION/SPA, CITY OF ASPEN, PITKIN COUNTy, COLO~DOi ORDINANCE NO. 27 (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING TEXT AMENDMENTS THAT AMEND MUNICIPAL CODE gECT~ON 2612221 DESIGN REVIEW APPEALS COMMITTEE, SECTION 2&308, VESTED RIGHTS; SECTION 2&310, AMENDMENTS TO LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP; SECTION 26~3 !4, VARIANCES; SECTION 26.316, APPEALS; SECTION 2&425, CONDITIONAL USEi SECTION 261430, SPECIAL REVIEW; SECTION 26.435, ENVIRONMENTALLY SENSITIVE AREA; SECTION 26.440, SPECIALLY PLANNED AREA; sEcTION 26.445, PLANNED UNIT DEVELOPMENT; SECTION 26.450, TEMPORARY UsE; sECTION 26.480, SUBDIVISION; SECTION 261~00, COWOpi SECTION 26.5201 ACCESSORY DWELLING UNITS; SECTION 26.575, WIRELESS TELECOMMUNICATION FACILITIES AND EQUIPMENT; 8 Regular Meeting ASpen City CoUncil July 22, 2002 AMENDING THE PUBLIC NOTICING REQUIREMENTS FOR PUBLIC HEARINGS, CITY OF ASPENi PITK1N cOUNTY, COLORADO ORDINANCE NO. 28 (Series of 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO GRANT APPROVAL FOR THE ~ZONING FROM R-15 TO R/MF OF A PROPERTY LOCATED AT 311 SOUTH FIRST STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTy, COLORADO ORDINANCE NO. 29 (Series of 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL ©FTHE CiTY OF ASPEN, COLORADO, GRANTING APPROVAL TO AMEND SECTION 26.710.090(B)(7) OF THE MUNICIPAL CODE ALLOWING THE ABILITY TO PAY CASH-IN-LIEU AS AN ACCEPTABLE FORM OF · AFFORDABLE HOUSING MITIGATION IN THE R/MF ZONE DISTRICT Councilman McCabe moved to adopt Ordinances #26, 27, 28 and 29, Series of 2002, on first reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #25~ SERIES OF 2002 - Repealing Resolution #34, 2002 - Conveyance of Land to CDOT Councilman Paulson moved to read Ordinance #25, Series of 23002; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE NO. 25 Series of 2002 AN ORDINANCE REPEALING ASPEN CITY COUNCIL RESOLUTION NO. 34 DATED APRIL 22, 2002, AND DIRECTING THE OFFicERS OF THE CITY OF ASPEN TO REFRAIN FROM CONVEYING CITY OWNED PROPERTY TO THE COLo~O DEPARTMENT OF 9 Regular Meeting Aspen City Council July 22, 2002 TRANSPORTATION PURSUANT TO THAT MEMORANDUM OF UNDERSTANDING DATED JULY 27~ i9981 UN'LESS sUCH CONVEYANCE IS APPROVED BY A VOTE OF THE ELECTORS OF THE CITY OF ASPEN Councilman Hershey moved to adopt Ordinance #25, series of 2002, on first reading; seconded by Councilman McCabe. David Hoefer, assistant city attorney, told Council the public heating cannot be held July 29th' as the ordinance was not published. If the ordinance is published this week, the earliest public hearing date would be August 1st. Hoefer said if Council determines the proposed initiative ordinance is not a legislative act subject to the initiative process, Council should take action on this issue prior to the expiration of 20 days. Hoefer reminded Council a finding has to be made within 20 days of the certification by the city clerk, which was July 9th. Bert Myrin presented a memo from Otten, Johnson, Robinson, Neff& Ragonetti addressing the legislative versus adminiStration issue. Myrin said the petitioners are asking for an approval or denial of the transfer of property to CDOT as approved by Council in April. The petitioners feel the voters should be asked abOut this. Myrin said Council needs to decide to whom it feels more obligated, the community or CDOT. Myrin said the easiest course of action for Council is to adopt the ordinance as written and not transfer the property. Herb Klein said the memorandum from Bart Johnson of Ragonetti addresses the administrative versus legislative issue. Council should read that memorandum before making a decision on that issue. Klein said it is clear that policy issues are subject to initiative. Klein said the voters are asking Council to reconsider their policy on the issue of giving this land to CDOT. Klein said one concern is whether or not the Council is contractually bound. Klein stated the Council cannot be contractually bound to do something not in the best interest of its citizens. Bill Stirling noted Council's 3 choices are (1) to pass an ordinance just handed out and supported by the petitioners' committee; (2) defeat the ordinance and look at the legal opinion from Johnson whether this is an a.dministrative or legislative process. Stirling said in light of the number of s~gnatures on the petitions, it would be unwise for Council to decide whether 10 Regular Meeting Aspen City Council jUly 22, 2002 this is an administrative or legislative action; (3) defeat the ordinance and schedule a special election. Mayor Klanderud said there are several versions of the ordinance. Stirling reiterated the petitioners' committee requests Council adopt the ordinance they have just handed out. This ordinance strikes "Unless such conveyance is approved by a vote of the electors of the City of Aspen" in the opening paragraph. The petitioners' committee also requests the first 2 whereases and the last 2 whereases be deleted, as they were not in the circulated petition. Mayor Klanderud said whichever petition is addressed by Council needs to be substantially the same as the ordinance circulated with the petitions. Councilman Semrau said deleting "unless approved by a vote of the electorate", the petitioners are asking Council not to convey the property forever no matter what any vote in the future may be. Mayor Klanderud said this wording change may do a disservice to voters who signed the petition believing they would have the opportunity to vote on this issue in the future. Councilman Hershey agreed a ballot is different from a petition. Richie Cohen said this is an attempt to delay the process and to undermine the possibility of any funding from CDOT. Cohen said the city could convey the land and get this in the works. Cohen said this issue should be put to the voters; however, the city cannot kill the chance to get state funding for the highway. Denny Vaughn said the Friends of Marolt Open Space support the petitioner's ordinance. Vaughn said the opinion from Ragonetti on administrative versus legislative should be read by Council before making a decision. Vaughn said all the votes about the highway over the last 10 years have been very specific. Vaughn said if Council promises a vote on this issue, they should stand by the results. Toni Kronberg requested Council pass Ordinance 25 as presented by the petitioners. Kronberg said the definition of resolution is that it is non- binding and temporary and an ordinance is a law. Mick Ireland pointed out Pitkin County is a co-participant in the EIS and entrance to Aspen process. Pitkin County has already taken some steps in reliance on the 1996 vote and the Memorandum of Understanding. Ireland noted if the city decides not to meet that agreement, there is no going back. Ireland said CDOT will not 1 Regular Meeting Aspen City Council July 22, 2002 build something a community does not want. CDOT has other things to do with its money. CDOT has been amenable to input from the community. Stan Clauson said the entrance to Aspen cries out for new infrastructure. The existing entrance inconveniences drivers every day of the week. Clauson said the present EIS was produced with significant citizen input and was a balanced response, looking at all alternatives, alignments, and technology. Clauson said conveying this land to CDOT was done after careful consideration. Clauson urged Council to defeat this. Jack Johnson, petition circulator, urged Council not to consider the 3rd draft of the ordinance just presented. Myrin told Council they have acted as quickly as possible. Vaughan said the EIS and the ROD are not the same; they reached different conclusions. The EIS said there should be a highway alignment across the Marolt with rail. The ROD said there should be a highway alignment with 2 lanes for buses until rail is possible. The EIS did not adopt buses and the EIS did not adopt the phasing concept. Stifling noted the city's growth management plan references "if there are changed conditions", these can be looked at. The changed conditions in this case are votes in 1999 and 2001. Stirling said whether Council adopts Ordinance #25 or not, it is imperative to put this to a special election. Councilman McCabe moved to disallow the petitioner's ordinance because it is not proper subject matter for either the initiative or referendum process, the initiative ordinance seeks to repeal an action of City Council; the proper process for that is an referendum, not an initiative; the electors have the power to require reconsideration by any ordinance and this action was done by resolution, not ordinance; seconded by Councilman Hershey. Councilman Paulson asked if this petition was certified and Council is denying it, what does that mean. Hoefer said this is a legal decision; Council is stating in their opinion this petition does no++t qualify legally and does not meet jurisdictional requirements to go forward. Councilman Paulson said the city could have killed this before it got started rather than allowing the petitioners go through all these steps. Mayor Klanderud said no promises were made on either side. Councilman Paulson said the simplest way out of this is to have a special election. Councilman Semrau said the petitioners have raised a legitimate question' that should be answered at an election. Councilman Semrau said he would 12 Regular Meeting Aspen City Council July 22, 2002 rather see this on the November ballot than a special election. Councilman Paulson said Council is proposing to put their own question on the ballot rather than that in the petition. Councilman Semrau said he honors the citizens raising this question and supports asking thc most straightforward question to answer the issue that has been raised. Councilman Semrau said the voters should decide this issue. Councilman Semrau said adopting Ordinance #25 goes against allowing thc voters to chose. Mayor Klanderud said the question proposed by the petitioners is different from a simple, straightforward question. Mayor Klanderad pointed out there were 802 signatures certified as city voters as well as many other signatures submitted with the petition. Mayor Klandemd stated she does not favor a special election but would rather see this on the November ballot if there is a way to harmonize the state statutes and the city Charter. Mayor Klandemd said it is premature is to convey property to CDOT before an election on the preferred alignment. Mayor Klandemd agreed there are changed conditions. Mayor Klandemd noted that rail is a less imminent possibility than it was in 1996. Councilman Hershey withdrew his motion to adopt Ordinance #25; Councilman McCabe withdrew his second. Roll call vote on Councilman McCabc's motion; Councilmembers Hershey, yes; Semrau, yes; Paulson, no; McCabe, yes; Mayor Klanderud, no. Motion carried. City Manager Steve Barwick asked if CDOT presents the paperwork for the conveyance of property, should this be signed. The direction from Council in adopting Resolution #34 to sign these documents still stands. Council said the former direction that the language should be reviewed with Herb Klein also stands. ORDINANCE #21, SERIES OF 2002 - Code Amendment Fractional Ownership Councilman McCabe moved to continue to August 26th; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE #23, SERIS OF 2002 - 635 West Bleeker Historic Lot Split 13 Regular Meetin~ Aspen City Council July 22, 2002 Amy Guthrie, community development department, told Council this is a request for a lot split is for a 9,000 square foot property in the west end with a historic house on it. It will be Split into two parcels. The historic house will not have to be relocated. Mayor Klanderud opened the public hearing. A representative of the neighboring landowner stated they do not have an objection to the lot split but do have a concern about trees on the site between the two properties. Ms. Guthrie stated the design of a new house will have to be reviewed by HPC at a public meeting, which will be noticed. Alison, applicant, said they have no building plans at this point. Mayor Klandemd closed the public hearing. Councilman Hershey moved to adopt Ordinance #23, Series of 2002, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Hershey, yes; Paulson, yes; Semrau, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #10, SERIES OF 2002 - Juni°r Golf Subdivision, Rezoning, PUD Amendment James Lindt, community development department, told Council this application has been submitted by the city golf department and Aspen Junior golf to create a new lot where the former golf pro shop sits. The subdivision is for the city to be able to sell the building to Aspen Junior Golf. Lindt reminded Council the city electorate approved the sale of this parcel several years ago~ The city will grant an access easement for parking for this building. Applicant has requested rezoning to Public so that Junior Golf can lease a portion o£the building to a non-profit organization. Lindt told Council P&Z had some concerns about the unknown of the possible lessee. There is a condition that the community development department will have to sign off on a business license to make sure any lessee meets the public zone district requirement for providing a public service. Applicant has also requested a PUD amendment to establish dimensional requirements for the new lot and proposes those dimensional requirements 14 Regular Meeting Aspen City Council July 22, 2002 be the existing conditions of the lot. Any future development would require a PUD amendment. Lindt recommended approval of this ordinance. Mayor Klanderud opened the public hearing. Toni Kronberg stated this is a great asset to Aspen Junior Golf and asked Council approval. Ms. Kronberg noted she was not allowed to speak during citizen comments. Mayor Klandemd closed the public hearing. Councilman Paulson moved to adopt Ordinance #10, Series of 2002, on second reading; seconded by Councilman Semrau. Mayor Klandemd asked why the city is selling this asset rather than leasing it to Junior Golf. Steve Barwick, city manager, said this was to get Cash back into the Tmscott project. Mayor Klanderud said She is concerned about the non-profit lessee and its impacts on the parking and the area. Emie Fyrwald, representing Junior Golf, pointed out there is a provision that the sub-lessee will not exceed 50% of the floor space and that it will be youth oriented sports. Tim Anderson, recreation director, said the $200,000 from the sale of this building was to complete the work on the new golf building. If the building is not sold, the citY will have to front the money for the pro shop. This is a 3-year payoff from Junior Golf. Mayor Klandemd said if Junior Golf had all the caSh available, it WoUld make sense. However Junior Golf only has $50,000 and it makes more sense to enter into a lease with Junior Golf. Barwick said a lease would give the city a stream of income rather than a 3-year payoff for the Junior Golf building. Fyrwald said a lease would be acceptable to junior golf as long as things like maintenance, rental costs, etc. can be worked out. Fyrwald said they would rather focus on the golf program than fund raising. Roll call vote; Councilmembers McCabe, yes; Semrau, yes; Hershey, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #67, SERIES OF 2002 - Sale of juni°r Golf Building and License Agreement Regular Meeting Aspen Ci,ty Council July 22, 2002 Councilman Hershey moved to continue Resolution #67, Series of 2002, and come back to Council with a lease agreement; seconded by Councilman Semrau. All in favor, motion carried. ARTS GRANTS Kathryn Koch, representing the Arts Grants Committee, presented the 15 requests from Arts Group for the $100,000 extra money Council has granted. The letter from the city soliciting these grants stated they were "one-time only projects or capital equipment and not operating funds". There were a total of $141,000 requests and the Committee recommended granting $91,000. CoUncil can return the difference to the Wheeler fund balance or grant the additional $9,000. Councilman Semrau stated several of these did not fit within the capital equipment, like computer programs or web pages. Some of the projects look like they were going to happen anyway, not a one-time project. Councilman Semrau moved to give an additional $5,000 to the Aspen Santa Fe ballot and to delete Jazz Aspen, MAA and Anderson Arts Ranch. Motion DIES for lack ora second. Councilman Hershey moved to approve the grants as recommended by the committee and to increase Aspen Santa Fe Ballet to $10,000 and to give the other $4,000 back to the Wheeler fund; seconded by Councilman Paulson. The grants are Anderson Ranch 8,000 Aspen Art Museum 2,000 Aspen Choral Society 5,000 Aspen Community Theatre 1,500 Joint Request 11,800 (MAA, Theatre in the Park, Aspen Community Theatre) Aspen Dance Connection 2,500 Aspen Santa Fe Ballet 10,000 Aspen Filmfest 3,000 Aspen Theatre in the Park 12,500 Aspen Writers' Foundation 5,000 Jazz Aspen Snowmass 8,000 Aspen Music Festival 13,200 16 Regular Meeting Aspen City Council July 22, 2002 Living Arts Foundation 2,500 Wyly Community Art Center 4,000 Councilmembers Paulson, Hershey and Mayor Klandemd in favor; Councilmembers Semrau and McCabe opposed. Motion carried. Councilman Semrau moved to adjourn at 8:45 p.m.; seconded by Councilman Hershey. All in favor, motion carried. K~S. Koc , City C erk