Loading...
HomeMy WebLinkAboutminutes.council.19881212ReQUlar Meeting Aspen City Council December_12, 1988 SCHEDULE PUBLIC APPEARANCES 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 3 CONSENT AGENDA 5 ORDINANCE #45, SERIES OF 1988 - H Designation of Marolt Barns and Ranch House 5 ORDINANCE #48, SERIES OF 1988 - Conversion of Stoves 6 ORDINANCE #49, SERIES OF 198 8 - Business License Fee Increase 6 ORDINANCE #50, SERIES OF 1988 - Liquor Occupation Tax 6 ORDINANCE #51, SERIES OF 1988 - Appropriations 7 ORDINANCE #53, SERIES OF 1988 - Tow Fee Increases 7 RFTA ROUTES 7 WEST FRANCIS PAVING 8 REQUEST TO DEFER WATER TAP FEE - Hamwi 9 REQUEST TO CLOSE STREETS - Show time Comedy Hour 11 RESOLUTION #46, SERIES OF 1988 - 0015 Harbour Lane Annexa- tion 12 REFERRAL OF MOUNTAIN VIEW CONDO MINIUMS 12 REFERRAL OF HUNTER LONGHOUSE 13 DRUG AND ALCOHOL ABUSE POLICY 13 1989 FITNESS/WELLNESS PROGRAM 14 ORDINANCE #56, SERIES OF 1988 - Historic Designation Elisha House 15 ASPEN LIMO PARKING AT GOLF COURSE 15 CITY/COUNTY LAND EXCHANGE 16 CONTRIBUTION TO SNOWMASS ASPEN REPERTORY THEATRE 18 24 Regular Meeting Aspen City Council December 12, 1988 ORDINANCE X57, SERIES OF 1988 - Williams Addition Annexation 18 PARKING STRUCTURE COST ESTIMATES 19 EXTENSION OF PUD - 700 East Main 20 25 Regular Meeting Aspen City Council December 12, 1988 Mayor Stirling called the meeting to order at 5:10 p.m. with Councilmembers Isaac, Tuite, Fallin and Gassman present. SCHEDULE PUBLIC APPEARANCES 1. Mayor Stirling honored Snowmass Village 21st birthday, being celebrated December 16th and proclaimed Snowmass Day in Aspen to recognize Snowmass. CITIZEN PARTICIPATION 1. Georgeann Hayes told Council her statement concerns 1010 Ute subdivision. Councilwoman Fallin left the room due to conflict of interest. Ms. Hayes told Council there are Calderwood property owners adjacent to 1010 Ute present. Ms. Hayes sub- mitted drawings and documents to show the developer of 1010 Ute has misrepresented the project and that P & Z was not able to make a sound judgement when it gave approval for the project. Ms. Hayes told Council she was the renderer of some of the drawings and drew the pictures based on instructions and raw sketches. Ms. Hayes said these drawings convey what the ar- chitect and developer wanted to convey at that time. Ms. Hayes said when these proved not to be good representations, the developer had ample opportunity to return to P & Z. Ms. Hayes told Council the two sections drawings are those brought to her and to the Hoyts showing their houses, the fence and the proposed buildings. Ms. Hayes said it was with these drawings that the neighbors were requested to support of the project, which they did. Ms. Hayes showed the difference between the drawings and the actual buildings. Ms. Hayes said in section 3(m) of the PUD agreement, the developer confirmed that all representations made to P & Z were to be part of the agree- ment. Ms. Hayes said the drawings show that what they are building is not what they agreed to build. Ms. Hayes said these drawings established the first visual impression and established the mind set for everyone. Ms. Hayes requested this be added to the agenda as the time is crucial. The steel has begun to go up on these buildings. Ms. Hayes said the value and livability of their homes is going to be compromised. Ms. Hayes asked this building be red tagged until the matter of misrepresentation has been further studied. Ms. Hayes asked Council if developers should be penalized for misrepresentation, should they be made to change the design of unfinished construction. Should developers be required to put up full height poles at the corners of their buildings. Ms. Hayes asked if downzoning and reduced FARs should be implemented. 1 :Regular Meeting Aspen City Council December 12, 1988 City Manager Bob Anderson said he is not sure the city has a legal right to red tag the building. If the developer met all the regulations, but did not conform to sketches, it is not known how binding this is. Mayor Stirling moved to add this to the agenda as item (p) ; seconded by Councilman Tuite. Mayor Stirling said he would like to have counsel present when this is discussed. Ms. Hayes said she has talked to staff and to city's counsel. Ms. Hayes said that renderings should not be dismissed as cosmetics. They should be honest and developers should live up to them. Councilman Isaac said the applicant or developer should be notified if Council is going to discuss this project. Ms. Hayes said the building will be built by the next Council meeting. Ms. Hayes said this building is 7 feet closer and 9 feet higher than was proposed. Glenn Horn, planning office, said this is a significant problem and suggested continu- ing the meeting until tomorrow. Mayor Stirling amended his motion to continue this meeting to 1 p.m. December 13 with the city's counsel present, a report from the planning department in relation to the description of the difference from the PUD as approved and the actual construction. All in favor, motion carried. 2. Jon Busch reminded Council when the Wheeler Opera House was in the planning stages, Council stated that the repertory and foreign film would remain as a major part of the renovated building and programming. Busch told Council each year he offers his services to the Wheeler Board to help revitalize the Wheeler's film program. Busch said he has offered to book and promote the film series, and they have resisted these offers. Busch told Council the Wheeler Board suggested Busch come before Council and ask for additional funding to present more films. Busch told Council the 1989 film budget is $1500 and 10 films for the entire year. Busch asked Council to honor their commitment to the film programming by granting extra money to present more films at the Wheeler. Mayor Stirling said he would like this pursued and to be an agenda item early in 1989. Mayor Stirling said he would also like to look at the revenues from the real estate transfer tax and see if more money can be allocated. City Manager Bob Anderson suggested Council have a joint meeting with the Wheeler Board. Mayor Stirling moved the Council get together with the Wheeler Board in January 1989; seconded by Councilman Gassman. All in favor, motion carried. 2 Rectular Meeting Aspen City Council December 12, 1988 3. John Kelly, representing the Wares, pursuant to Section 7- 1006 (e) , requested a 180 day extension for a recordation of the PUD plat for 700 East Main. Mayor Stirling left the room due to a conflict of interest. Kelly requested time on the agenda to explain the extraordinary circumstances. Councilman Tuite asked if this can be addressed at the December 19th meeting. Cindy Houben, planning office, told Council the deadline for this project is December 19th and they are concerned about the timing. Councilman Gassman moved to add this to the agenda as VIII(p); seconded by Councilwoman Fallin. All in favor, with the excep- tion of Councilman Isaac. Motion carried. 4. Phoebe Ryerson told Council January 3, 1989, at 10 a.m. there will be a meeting at the community center of an exploration committee for reviving the University without Walls. COUNCILMEMBER COMMENTS 1. Councilman Isaa c said Council received a memorandum about the purchase of the Hamwi employee townhouse by the housing authority. Assistant City Manager Mitchell said this will discussed under action item (b). 2. Councilman Tuite said the city and Council had their Christmas party Saturday night. Councilman Tuite said it appeared the attendance was down. Councilman Tuite said if the employees have a problem with what Council is doing or with the party, he would like to know. 3. Councilwoman Fallin said Council voted to change the 1/2 hour parking to one hour parking and asked when this would be in effect . John Goodwin, chief of police, said the stickers have been ordered. It will just take a day to put these up. 4. Mayor Stirling said there was a Colorado Association of Ski Towns meeting last week. CAST was preparing for the legislative tour, which will be held in Vail in January. Mayor Stirling said the big issue in the legislature this year will be the highway finance proposal. Mayor Stirling said a resort towns and state revenues analysis in preparation. Mayor Stirling said this final document is not ready for release; however, there are some very interesting statistics in this report. Mayor Stirling said the 1998 Olympics were discussed and whether CAST will support this effort. Mayor Stirling said no position was taken by CAST at this time. 5. Mayor Stirling said there will be a meeting with the EPA, Tuesday December 13 at noon before the EPA's community meeting that night to discuss the superfund site. Tom Dunlop, environ- 3 Regular Meeting Aspen City Council December 12, 1988 mental health department, told Council they are intending to review the sample results of the program implemented in Septem- ber. Dunlop told Council there is considerably more high level waste in the sample than was anticipated. The intent of the meeting is to discuss the results with property owners. 6. Mayor Stirling announced that Pat Fallin has been selected to be a member of the jury for the Aspen Design Competition to be held in Tokyo in February. 7. Mayor Stirling said Council has scheduled a meeting January 16 to talk about downtown circulation and parking. Mayor Stirling said there is some interest by the Aspen Skiing Company, if RFTA would be willing to participate, that people would be willing to park in the golf course parking lot and have a shuttle into town. Councilman Tuite said a shuttle may not be needed; there are valley buses and an airport shuttle. Mayor Stirling requested anything that can be done to facilitate this idea. 8. Mayor Stirling said the city manager's comments contain a discussion of the resolution of the Tippler night club issue. Anderson indicates the parties are cooperating generally. Mayor Stirling said there is a responsibility on a property manager's part to inform guests their accommodations are near a night club. 9. Councilwoman Fallin congratulated John Goodwin on his appointment as chief of police. 10. City Manager Bob Anderson told Council he is working on recycling. One of the big needs is for an in-town site as a transfer point. Anderson said staff has looked at some sites. A place on the Rio Grande has the best potential. This will need to go through the proper process. 11. City Manager Bob Anderson said staff have been doing tests on the snow melt. Tom Dunlop, environmental health department, told Council he has taken noise level readings at the closest property boundary at the river bank and in the opposite direc- tion. Dunlop told Council the noise levels were not distinguish- able from background noise at the south site, and at the river they were what the standard allows for in residential areas during the day time and at night time are about 2 decibels over. Dunlop said a noise dampening system has yet to be installed on the snow melter. Phoebe Ryerson asked if the trucks coming and going are counted in the noise level. Dunlop said there is a stationary noise standard used for measuring the snow melter, and a mobile standard for moving vehicles, which is much higher. 12. Councilman Gassman said he was surprised the city is proposing to bill the work for the John Denver special for $160. 4 Regular Meeting Aspen City Council December 12, 1988 Councilman Gassman said he thought Council voted not to bill anything. Mayor Stirling agreed and feels it is inappropriate to bill them. Councilman Isaac said he understood there would not be any additional costs as proposed, and if there were additional costs, they would pay f or them. Council agreed to discuss this under the Showtime Comedy request. CONSENT AGENDA Councilwoman Fallin moved to approve the consent agenda; seconded by Councilman Gassman. The consent agenda is: A. Minutes - November 14, 28, 1988 B. Liquor License Renewals - Golden Horn; Aspen Mtn Spirit.., ------- _.....~..'s C. Liquor License Change of Premises - Crystal Palace D. Hotel Jerome Tea Room Conversion (Alan Richman) E. Mutual Aid Agreement - Sheriff and Police Department F. Investment Pool G. Spring Street Townhomes Condominiumization (Cindy Houben) All in favor, motion carried. ORDINANCE #45, SERIES OF 1988 - H Designation of Marolt Barns and Ranch House Mayor Stirling opened the public hearing. Roxanne Eflin, planning office, told Council along with the historic designation, staff is also recommending approval of the $2,000 designation grant for the historical society ranching and mining museum. Ms. Eflin told Council the barns and lixiviation ruins site have been determined eligible for listing on the National Register of historic places. Ms. Eflin told Council the original site was the Holden smelting and milling company, built in 1891 for treating silver ore by the process of lixiviation. The barn site includes the hillside ruins of the main plant, the main barn served as a sampling works building and includes a platform loading dock. The house served as both the office and the caretaker quarters. Ms. Eflin told Council the two barns and ruins have been rated a 5 and the house has been rated a 4 by the Historic Preservation Commission. Both HPC and P & Z have recommended landmark designation. Councilman Gassman moved to adopt Ordinance #45, Series of 1988, on second reading; seconded by Councilman Tuite. Councilwoman Fallin asked if these buildings have received state or national designation. Ms. Eflin said they have been deter- mined to be eligible. Ms. Eflin said presently there are no state or federal funds available for renovation. 5 Regular Meeting Aspen City Council December 12, 1988 Mayor Stirling closed the public hearing. Roll call vote; Councilmembers Isaac, yes; Tuite, yes; Fallin, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. Councilwoman Fallin moved to approve the historic designation grant of 52,000; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #48, SERIES OF 1988 - Conversion of Stoves Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #48, Series of 1988, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Gassman, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #49, SERIES OF 1988 - Business License Fee Increase Mayor Stirling opened the public hearing. Assistant City Manager Mitchell told Council this increase was included in the 1989 budget. Mitchell told Council the funding for CCLC is not a percentage and is kept at the same monetary level. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #49, Series of 1988, on second reading; seconded by Councilman Tuite. Mayor Stirling said he does not favor this increase as businesses do not receive any benefit from this increase. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Isaac, yes; Gassman, yes, Mayor Stirling, no. Motion carried. ORDINANCE #50, SERIES OF 1988 - Liquor Occupation Tax Mayor Stirling opened the public hearing. Assistant City Manager Mitchell reminded Council this increase was included in the 1989 budget. The ordinance has been amended since first reading to provide for funding to ASAP of 5 percent of the revenues. Tipsy Taxi will continue to be funded at 10 percent. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #50, Series of 1988, on second reading; seconded by Councilwoman Fallin. 6 Re4ular Meeting Aspen City Council December 12, 1988 Mayor Stirling said the proposed revenues are earmarked for programs that are directly tied to the dispensing of alcohol, like Tipsy Taxi, ASAP and the DUI grant. Mayor Stirling said the fees have not been raised for a long time. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #51, SERIES OF 1988 - Appropriations Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #51, Series of 1988, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Isaac, yes; Tuite, yes; Fallin, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #53, SERIES OF 1988 - Tow Fee Increases Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #53, Series of 1988, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Gassman yes; Tuite, yes; Fallin, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. RFTA ROUTES Dwight Shellman, RFTA Board, reminded Council he had reported on the "hook" route along Main. At that time, Council instructed it's RFTA representatives to insist that that route not be discontinued this winter. Shellman said in discussions with RFTA, they requested to get the technical problems solved in order to be able to do a good job with this route. The RFTA board w as persuaded it would be worthwhile to have a good job done on this route. The RFTA Board voted to install the "hook" route in earnest between June 1 and 15th. Shellman said this will miss the winter opportunity. Shellman said there will be benches at the bus stops, "No Parking Here to Corner" signs along Main and Original, and better signs. Shellman said they hope to have an improved intersection at Original and Cooper. The city is seeking an agreement from the highway department for improve- ments at that intersection before June. Shellman said another problem is the intersection at Rubey park and Durant. The choices for that are a stop light or a four-way stop. This will be settled in the interim. 7 Regular Meeting Aspen City Council December 12l_ 1988 Shellman said when the buses are in place, it may be time to challenge the community to have "no drive" days and have some feedback from those days. Councilman Isaac asked if the city has adequate buses f or that type of program. Shellman said there are adequate buses. Shellman said an intercept at B uttermilk can also be tried. Mayor Stirling moved to encourage the RFTA board to work on "no drive" days; seconded by Councilwoman Fallin. All in favor, motion carried. Shellman said these will occur after the "hook" goes into operation. Phoebe Ryerson asked why there isn't a bus t o Glenwood Springs. Shellman told Council the Garfield Commis- sioners are interested in discussing extending the bus service. Shellman reported to Council he and Collette Penne went to Mammoth to look at technology an aerial trams. Shellman said the technology is advancing. Shellman said they will be following the developments. Shellman told Council RFTA is about to receive an engineering report on the busway on the shoulder of highway 82. Shellman said RFTA is not getting a lot of encouragement from the highway department on this project. Shellman said as soon as the report is out, he will be reporting to Council. Councilwoman Fallin asked if the city and county are doing anything to alleviate the traffic jams on highway 82. Councilwoman Fallin said she feels the city ought to do staggered work times. City Manager Bob Anderson said the city pays for bus passes and has a van pool operating. Anderson said there are some problems, like employee's day care situations. Shellman said he has heard this concern. Councilwoman Fallin said she feels the city and county should take the initiative in staggered work time. Anderson said the employees would be willing to have staggered time. This would require Council's support in having some offices close early. Councilman Tuite said the parking garage can also be used as an incentive that people with two or more in the car would be able to park free. Councilman Isaac encouraged RFTA to pursue intercept lots down the valley. WEST FRANCIS PAVING Jay Hammond, city engineer, reminded Council they discussed West Francis street, west of Eighth last summer. Hammond showed Council the city' s right-of-way, which ends short of the last houses in the area. Hammond said the staff spoke to Mr. Sharp about obtaining easements and paving this area. Hammond said staff worked with the neighbors and Sharp on acquisition of an easement. Hammond said the easement was valued at $8,000 and the 8 Re4ular Meeting ___ Aspen City Council December 12, 1988 tentative arrangement was to have the neighbors pay half of that and the city would install an additional fire hydrant in the area. Sharp has withdrawn his offer of selling the easement. Hammond said the city's options are to pave the existing right- of-way the city has; to wait Sharp's construction on the property to see if the city can acquire an easement; or the city could condemn an access easement. Hammond said the staff is reluctant to spend a lot of money on this because although the right-of-way is truncated, the adjacent properties do have access. Connie Madsen said this was originally all settled until the city said there had to be a fire hydrant and Sharp withdrew his offer. Carl Bergman said it may be better to wait until Sharp constructs in this area and to let the street happen at the same time. Katie Bergman said the street has been there for 25 years. Mrs. Bergman said there was some property trade, but not all of the neighbors were involved. Mrs. Bergman said if the street is moved where it is supposed to be, it will take away their front yard. After 25 years, it seems the yard should be able to stay there. Councilman Isaac said he feels the second alternative, of not paving the street in 1989, makes the most sense. Councilman Isaac said the city can wait until Sharp comes in with a proposal for building. Councilman Isaac moved to not pave West Francis in 1989; seconded by Councilman Gassman. Councilwoman Fallin suggested this should be reprioritized in 1990. Councilman Isaac encouraged the city and neighborhood to keep negotiating so this works for everyone. Councilman Isaac amended his motion that this be put on the list for paving in 1990. Councilman Gassman said he would rather wait and see what happens. Hammond said the city is planning to pave this under the serial levy tax, which is funded to 1991. Mayor Stirling said there is an air pollution issue with this dust street. It is one of the few that has not been paved. Mayor Stirling said it is not always appropriate for the city to intercede in all neighborhood disagreements. Mayor Stirling said many people have planted in the right-of-way and all do it at risk. All in favor, motion carried. REQUEST TO DEFER WATER TAP FEE - Hamwi (Councilman Tuite left the room due to conflict of interest. ) Assistant City Manager Mitchell told Council the housing author- ity moved ahead on the employee unit based on Council's direc- tion to try and develop projects under the cash-in-lieu. 9 Reaular Meeting Aspen_City Council December 12, 1988 Mitchell told Council Hamwi was not able to f ind f inancing to develop the employee unit. The housing authority negotiated a contract where the housing authority guaranteed purchase of the unit so that the unit could be built. The housing authority will then sell the unit. MItchell said he does not think the housing office will have trouble selling the unit. Councilman Isaac said it was not clear that the housing authority would be buying this unit. Jim Adamski, housing office, told Council Hamwi did not have to build an employee unit. Mitchell said the employee unit could not have been built unless the housing office entered into an agreement to help. Mitchell said the only exposure the city has is loss of interest if the unit cannot be sold right away. Councilman Isaac said it was never made clear that the city's cash-in-lieu funds were going to be spent on this project. Councilman Isaac said he would like to know if the city is getting the best value for their money. Adamski said this unit will house 3 employees and is costing the city the loss of interest. Adamski said this is a 3 bedroom unit, in town on scattered site and it would be impossible to get a unit like that for $155,000. Adamski said this is a model. City Manager Bob Anderson said this is a good concept. Mitchell said a unit like this would cost the city a lot more because they would have to buy the land. Councilman Gassman moved to approve the housing authority's agreement and authorize the expenditure of $153,400 of payment- in-lieu funds; seconded by Mayor Stirling. Mitchell told Council staff will be back in January with detailed procedures on how the cash will be handled and a budget for 1989. Council said they wished staff had told them about this before the fact. Bil Dunaway said the city and housing authority should not be using their money on middle income units. These units are not affordable to the great majority of employees. Councilman Isaac said the city is putting out too much money at the con- struction level for this project. This is not the best use of the city's cash-in-lieu funds. Mayor Stirling said this is a good project as it is dispersed and positive. Mayor Stirling objected to the way this came about. All in f av or, with the exception of Councilman Isaac. Motion carried. Mitchell told Council Hamwi asked for an estimate on his tap fee and was given an erroneous tap fee because of confusion to which service area he was in. The tap fee was $18,000 higher than estimated. Mitchell said based on the estimate, Hamwi obtained financing. Hamwi requests that the tap f ee be deferred until a c/o is issued on the free market units. 10 Regular Meeting Aspen City Council December 12, 1988 Councilwoman Fallin moved to defer $18,000 of the tap fee; seconded by Councilman Gassman. All in favor, motion carried. REQUEST TO CLOSE STREETS - Showtime Comedy Hour Patsy Malone, personnel director, told Council the Showtime channel is taping a comedy special at the Wheeler, December 27. Ms. Malone said this is a positive move and will be seen by many people in the United States. Ms. Malone requested Council close off a portion of the streets and for permission to put 2 risers next to the Wheeler to put performers on the risers. David Laughren, Avalanche Productions, said they would like to have a crowd of people in the street. Laughren said there will be 2 shows at the Wheeler, which will cost money. Laughren told Council Showtime has optioned this for the next 3 years. Laughren told Council the sponsors will be donating money to some local charities and will have ice sculptures on the mall with money for the Wheeler, Mountain Rescue and Wildwood school. Laughren requested no parking on Mill street and Hyman Avenue between 4 and 10 p. m. and to close the streets f rom 6 to 10 p. m. for the filming. Ms. Malone told Council Avalanche Productions will have police, which they will pay for, at each end of the streets. Laughren told Council he contacted each business in the area. Ms. Malone told Council staff is supportive of this request. Councilman Tuite said this will give the Wheeler more fees from taping a show at the Wheeler. Councilman Tuite moved to approve the street closures and no parking requests as outlined in the special event applications; seconded by Councilman Isaac. Councilman Isaac requested that if there are any actual expenses, these be covered. Councilwoman Fallin said this issue should be discussed separately. All in favor, with the exception of Councilman Gassman. Motion carried. Mayor Stirling requested recommendations from Ms. Malone on costs to the city for these type of events. Mayor Stirling said perhaps there should be a minimal fee. Councilman Isaac moved that Avalanche productions be charged f or any actual costs that the city has to pay for police coverage, clean up or snow removal; seconded by Councilwoman Fallin. City Manager Bob Anderson clarified that these are the costs over and above what would be spent anyway. Councilman Isaac agreed 11 Regular Meeting Aspen City Council December 12, 1988 these are to be any additional costs to the normal city expenses. All in favor, with the exception of Councilman Gassman. Motion carried. City Manager Bob Anderson said for the John Denver special, his interpretation was the city should track any costs over and above normal costs. Anderson said the city hauled snow for the special and sent a bill for 5160. Mayor Stirling moved the city manager to bill for this charge; seconded by Councilman Isaac. All in f avor, with the exception of Councilmembers Fallin and Gassman. Motion carried. RESOLUTION #46, SERIES OF 1988 - 0015 Harbour Lane Annexation Assistant City Manager Mitchell said there was a petition filed by the owners of this parcel. The resolution states this parcel is eligible for annexation and sets a public hearing. Councilwoman Fallin moved to adopt Resolution #46, Series of 1988, and have the public hearing January 23, 1989; seconded by Councilman Tuite. All in favor, motion carried. REFERRAL OF MOUNTAIN VIEW CONDOMINIUMS Glenn Horn, planning _ _ _ _ _ ~ , ~.ri.a I.UUI1(:11 t~~i s i s located on the Centennial side of the Hunter Creek condominiums. It is in a potential annexation site. This parcel is about an acre. The proposal is for 6 free market units and 2 deed restricted employee units. The existing Victorian building will be con- verted into a duplex and sold to employees. Horn said the applicants propose to save the large cottonwoods and to relocate the smaller cottonwoods. The applicants are proposing a sidewalk to link Centennial to Hunter Creek. Horn said there are not a lot of impacts to the city from the proposal. The trails will be improved. The major issue is how this will relate to annexation and how to tie the approval of this project. Horn said it is not fair to any developer to have to go back to the beginning and to compete in GMP in the city due to the fact that the project is annexed. Horn recommended Council decline to comment on the development proposal except to say the city will be willing to assist in the timing of the annexation so that the project will be vested in the county before it comes into the city or to honor the county's land use process. Councilman Isaac asked if this is in the EPA site. Sunny Vann, representing the applicant, told Council this is in the area designated by the EPA study. Vann told Council a condition in 12 Rectular Meeting Aspen CitY_Council December 12, 1988 the county is that prior to the issuance of any building permit, that the applicant meet all EPA promulgated guidelines. Vann told Council the county has a longer, more complex review process and this project will not have vested in the county at the time annexation is proposed to occur. Vann said the annexation statutes provide the flexibility for an applicant to complete the process in the county. Vann asked if Council is comfortable in proceeding with annexation and allowing the county to continue with review and approval of this project. Council said they are comfortable with this approach. REFERRAL OF HUNTER LONGHOUSE Glenn Horn, planning office, told Council this is a proposal from the non-profit organization that runs Hunter Longhouse for a 5 unit addition to the building. Horn told Council there are some site planning concerns being dealt with in the county. These do not have an effect on the city. The major impact of this proposal is that it will help alleviate the employee housing shortage. Horn told Council there is the same concerns about vesting in the county, annexation and the city's process. Horn said the Council should take a flexible approach to see what the timing of the approvals and annexation will be and to coordinate between the two governments. Councilman Isaac said this looks very close to Hunter Creek. Horn said based on the engineering reports, this is okay in terms of flood danger. Council agreed once the city has taken over jurisdiction of this territory not to get involved in the review process. Councilwoman Fallin asked if this will be making decisions for a future Council. Horn said the applicants would like to break ground this spring. Mayor Stirling suggested in the annexation, there should be a clause in the agreement to commit future's Council to this decision. DRUG AND ALCOHOL ABUSE POLICY Mayor Stirling asked why this has taken over a year to come to Council. City Manager Bob Anderson told Council this was circulated among both the city and county staffs, amended, circulated to an advisory committee, department heads and amended again. Councilwoman Fallin brought up the sentence, "The City of Aspen strongly discourages the consumption of alcohol during lunches or other meals if the employee must work thereafter on the same day". Councilwoman Fallin said it should state that the city prohibits the consumption of alcohol. Councilwoman Fallin said a lot of employees have to come back and d rive city vehicles and one drink can impair that ability. Councilwoman Fallin said she does not want to see employees having alcohol on their lunch hour. 13 Regular Meeting Aspen City Council December 12, 1988 Anderson said he does not disagree with that position; however, the employee group felt the issue is impairment and not what the employees do on their lunch hour. Anderson said this change would make it easier to enforce. Anderson pointed out the city does not pay f or employees' lunch hour. Councilwoman Fallin said people still have to come back and function as an employee. Patsy Malone, personnel director, said the legal department was more comfortable with the original wording. Councilman Gassman said he does not feel this is asking much. Councilman Tuite said he does not want to step on someone' s rights to have a glass of wine. Councilman Tuite said he would like to have a legal opinion on this. Councilwoman Fallin moved to insert, "the City of Aspen prohibits the consumption of alcohol"; seconded by Councilman Gassman. All in favor, with the exception of Councilmembers Isaac and Tuite. Motion carried. 1989 FITNESS/WELLNESS PROGRAM Mayor Stirling strongly objected to the taxpayers paying for hunting and fishing licenses. Mayor Stirling moved to delete those as eligible programs; seconded by Councilwoman Fallin. Mayor Stirling said for the citizens to pay for programs that have to do with cruelty or death to animals is wrong morally and ethically. City Manager Bob Anderson told Council this was included at the request of employees who live down valley and who do not take advantage of health clubs, golf or skiing. Mayor Stirling said there is a wide range of possibilities for the program. Councilwoman Fallin said hunting and fishing are used as a source of food, and the fitness/wellness program does not allow food sources to be paid for. Chuck Roth told Council there are employees who are more outdoor-type workers and who do hunt. Roth said hunting and fishing are strenuous and a lot of work. Roth said the employee committee voted unanimously in favor of paying for these licenses. Councilman Isaac said hunting is a popular and legal sport and does raise a lot of money for the department of wildlife. Patsy Malone, personnel director, told Council the first year will be a trial period. Councilwoman Fallin and Mayor Stirling in favor; Councilmembers Gassman, Isaac and Tuite opposed. Motion NOT carried. 14 Rectular Meeting Aspen City Council December 12, 1988 ORDINANCE #56, SERIES OF 1988 - Historic Designation Elisha House Councilman Tuite moved to read Ordinance #56, Series of 1988; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #56 (Series of 1988) AN ORDINANCE DESIGNATION 320 WEST MAIN STREET, ALSO KNOWN AS THE SMITH-ELISHA HOUSE AND CARRIAGE HOUSE, AS H, HISTORIC LANDMARK PURSUANT TO DIVISION 7, SECTION 7- 701 OF THE LAND USE CODE was read by the city clerk Councilman Gassman moved to adopt Ordinance #56, Series of 1988, on first reading; seconded by Councilman Tuite. Roxanne Eflin, planning office, told Council P & Z and HPC have both reviewed this and recommend approval. Mayor Stirling asked about the issue raised by Welton Anderson. Ms. Eflin told Council staff is working on this. The Elisha house is going through a change of use to office, and this will effect afford- able housing. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Gassman, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ASPEN LIMO PARKING AT GOLF COURSE Bob Regulski, Aspen Limo, told Council he needs a place to park and stage buses. Most of their buses are in Rifle to bring employees back and forth. Regulski said he needs to park vehicles close to the airport and to Rubey park. Regulski said he does not want to park on the city streets. Regulski said he would like to use the Red Roof parking lot for these buses. Bill Efting, leisure services director, told Council he let the buses park at the golf course for 5 days earlier to see what kind of calls he would get. The people who run the Nordic center were not crazy over the buses being parked there. Efting said insurance and snow removal will have to be worked out by staff if Council approves of this idea. Efting told Council they are willing to pay some amount of rent to park at the golf course. Councilman Tuite said Aspen Limo has the right to put these buses on the city streets. Councilman Tuite said he would like to make an incentive that these buses are available. Regulski said he would have up to 6 buses at the parking lot. Councilwoman Fallin said she does not like the alternative of having the buses parked around town and taking up a lot of parking spaces. Mayor Stirling said there are not other businesses that can use the 15 Regular Meeting Aspen Citv Council December 12, 1988 city streets for storage. Councilman Tuite pointed out that taxi stands are provided throughout town. Mayor Stirling said he would support this if there is a fee. Mayor Stirling asked about the Iselin lot. Efting said that lot is more visible. Efting said if there is a fee, he would like it earmarked to nordic trails or golf course improvements. Councilman Gassman said he has a problem using public facilities to subsidize a private business. Councilman Gassman said if the city is going to rent space to businesses, they should rent it at market value. Regulski told Council he rents space at the airport. The vehicle charge is 5500 per vehicle per month. Regulski said they have a bus facility in Glenwood Springs. Regulski said if he could find a place to rent in Aspen, he would. Councilman Isaac said he feels it is a better idea to move the buses out of town and not have them starting up on the city streets. Mayor Stirling moved to direct the city manager to work with Aspen Limo starting as soon as they want, and a fee of 5500 per month for 0 to 6 buses; seconded by Councilwoman Fallin. Mayor Stirling said he would like Aspen Limo to agree to no longer park on the city streets. Mayor Stirling agreed to earmark the money for Nordic trails; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Gassman. Motion carried. CITY/COUNTY LAND EXCHANGE Assistant City Manager Mitchell recommended Council direct staff to prepare necessary documentation to have the county release the city from any reverter clauses that deal with the Oden or stable properties, that the city will carry f orward their obligation on the indebtedness of the Oden parcel; that the city will come to an agreement with the library that the library can be constructed on the Oden parcel; that the county will agree to provide some appropriate site f or the courthouse annex, if they decide to do that; that the library board will take on the additional indebt- edness from now to the end of the Oden purchase, and if possible to reimburse the city for the 5190,000. Mitchell said the last is not a specific requirement but is something to negotiate with the library. City Manager Bob Anderson said this is a policy question. Simone Ganett said it is important that there is language that refers to the performing arts center. In the original land exchange agreement, the property that the library and parking garage is now using was originally designated for a performing arts center until 1992. Ms. Ganett said she is in the process of creating the Aspen International Performing Arts Foundation and 16 Regular Meeting Aspen Citv Council December 12, 1988 would like to make a presentation to Council in the summer about the use of the snow dump property for a performing arts center. Councilman Isaac said one point states the city provide the county with an appropriate site for a courthouse annex. Council- man Isaac said this may be premature. Tom Baker, planning office, pointed out the conceptual SPA identifies the area around the jail and on top of the parking plaza as possible sites f or the courthouse annex. Baker said he can make that language more generic. Councilman Isaac said he would rather keep the land in city ownership and have it used for joint offices. Mitchell said the conceptual SPA may be sufficient for now. When the county knows w hat they want, they will come back with a specific proposal. Baker told Council the preferred location with access directly to the plaza is the northeast corner. This is partially on city- owned and partially on county-owned property. Baker requested language in the documents that the county would allow the youth center to be located on this property. Skip Berhorst told Council they would like to have a schematic design for the youth center done soon and then initiate a fund drive. Depending on the success of the fund drive, they would start the building in the spring. Baker said this does not have to happen in tandem with the library. Baker said this is a good site for community facilities. Berhorst told Council they have reviewed this location with the P & Z, who is comfortable with the location. P & Z felt this was the best site in looking at 4 alternatives around the parking structure. Mayor Stirling moved to direct the city manager to begin all the work on the city/county land exchange as soon as possible to accommodate the process the city is in, to include the county release the city from the reversion clause for both the Oden and stable parcels; that the city releases the county from potential indebtedness on the Oden parcel; the city allows the library to be constructed on the Oden parcel; the city provide the county with an appropriate site for the courthouse annex; that the library board take responsibility for paying the remainder of the Oden parcel note as of January 1, 1989, or the date to be adjusted; that the parcel potentially designated for a youth center be part of these discussions; that the issue of the Oden property and its original designation as a performing arts site be sorted out; seconded by Councilwoman Fallin Mayor Stirling said he is not including the pay back of $190,000 by the library board as picking up the not is sufficient. Chuck Vidal, library board, told Council they have not participated in any of these discussions. Vidal told Council the library board has a limited budget. The recommendation has implications to the 17 Regular Meeting Aspen Citv Council December 12, 1988 library of about $400,000. Mayor Stirling said he is only asking they pick up the remaining note. Vidal said the remaining note is $225,000. Mayor Stirling said he would like participation from the library in some way. Vidal told Council the library is not through asking the city for things to make the library work, which things will hopefully not cost the city money. Councilman Tuite said he would be willing to forgive the notes if the library will keep the old building in the public use sector. Vidal said there may be a way to deal with that concern if the city has latitude in dealing with other requirements. Ms. Ganett said it is important there is language in this m otion to talk about the performing arts use on the snow dump land f acility. Baker said the conceptual SPA plan designates arts usage on the snow dump site. Mayor Stirling said he does not feel it is appropriate to mix this as the properties are not related. Anderson said a more appropriate time to deal with this would be when a proposal is actually before Council. All in favor, motion carried. CONTRIBUTION TO SNOWMASS ASPEN REPERTORY THEATRE Mayor Stirling said Council made a contribution to SARI when they made a presentation saying they will operate winter and summer. SARI is asking Council to affirm the grant even though they are not operating this winter. Councilwoman Fallin moved to allow the grant to stand because SARI is planning for 1989 and will bring a performance to the Wheeler in the summer of 1989; seconded by Councilman Tuite. Councilwoman Fallin amended her motion to state should SART not bring anything in for the summer of 1989 or to cancel the summer season, the grant either not be given or it will be returned; seconded by Councilman Tuite Mayor Stirling said he presumed the grant was made based on their operating two full seasons. Mayor Stirling said it is appro- priate to make an adjustment and no grant should be given until the city knows they are going to operate this summer. Council- woman Fallin pointed out SART's request stated they would bring one play to the Wheeler. The grant should be contingent on their bringing a play to the Wheeler. All in favor, motion carried. ORDINANCE #57, SERIES OF 1988 - Williams Addition Annexation Councilman Isaac moved to read Ordinance #57, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. 18 Regular Meeting Aspen City Council December 12, 1988 ORDINANCE #57 (Series of 1988) AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF ASPEN AS REFERRED TO AND DESCRIBED IN THAT PETITION FOR ANNEXA- TION OF TERRITORY TO THE CITY OF ASPEN CERTIFIED BY THE CITY CLERK ON JULY 28, 1988, COMMONLY KNOWN AS THE WILLIAM ADDITION was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #57, Series of 1988, on first reading; seconded by Councilman Isaac. Assistant City Manager Mitchell said staff felt it was better to go through the first reading of an ordinance since this was started in 1986. Mitchell said staff is hopeful on getting a reading back from the county on their maintaining ownership of the roads before second reading. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. PARKING STRUCTURE COST ESTIMATES Assistant City Manager Mitchell told Council based on preliminary estimates, there will be a cost problem on the parking structure based on the existing design. Mitchell reminded Council the bonding approved was $6,500,000. There might be a cost overrun of $250,000. Council request to review the alignment of Spring street, which is generating the additional costs. Mitchell said P & Z recommended an alignment of Spring street which moves away from the parking structure. If Council prefers that alignment, the will have to look at other areas to cut costs. Steve Newman, RNL, showed the original alignment of Spring street, 20 feet away from the garage. Moving this alignment causes development of the site over to the bike path and realign- ment of the ball field. Spring street would go through the goal posts of the existing ball field. Newman said this change is an additional $250,000 to the project. Newman handed out a sheet identifying 5390,000 worth of costs savings as alternatives. Newman told Council they are estimating they will have to haul the excavation material out of the hole for the garage 10 miles. 75,000 cubic yards of dirt is being excavated. Newman said he would like the city or county to try and identify a site within 5 miles that could use this fill. This would save the project 570,000. Councilman Gassman said the Council should decide where they want Spring street. Councilman Gassman said Council did not know moving Spring street would cost $300,000. Councilman Tuite asked 19 Regular Meeting Aspen City Council December 12, 1988 if the location of Spring street can be phased in. Councilman Tuite said the cost saving alternatives are cutting out important aspects, like landscaping and brick pavers. Councilman Gassman said he feels the city ought to put Spring street back where it was. Councilman Gassman moved to put Spring street back where it was; seconded by Councilman Isaac. Newman said Spring street is a critical component of getting vehicles to the parking garage. It will have to be extended and paved as part of the work. Councilman Gassman said the design is supposed to connect the river and Rio Grande to downtown, and the Spring street realignment moves this away. Councilman Isaac said moving the ball field changes the rest of the Rio Grande site. Newman said this would also necessitate cutting down cottonwood trees. All in favor, motion carried. EXTENSION OF PUD - 700 East Main Mayor Stirling left due to a conflict of interest. John Kelly requested an extension of the period of time in which to record the PUD plat on 700 East Main, under section 7-1006(e). Kelly read, "failure on the part of the applicant to record the plat in a period of 180 days following approval by the city shall render the plat invalid and reconsideration and approval of the plat by the commission and City Council will be required before its acceptance and recording unless an extension or waiver is granted by the City Council for a showing of good cause". Kelly, representing Ardith Ware and authorized by the other owners, told Council the clients entered into an option to sell the property about a year ago. The Fine Group put the project through the process and received approval for 17 free market units and one employee unit. Kelly told Council after the approvals were granted, Fine exercised his option but failed to close. Kelly told Council his clients took what steps they could to try and preserve the land use application. Kelly told Council Fine filed a lawsuit in Federal district court based in part on copyrights. Kelly said this has put into question his clients ability to use portions of the plat. Kelly said his clients need time to get specialized legal help to determine what their rights are. Kelly said there are unique circumstances and the issue comes down to fairness. Kelly said other extensions of this type have been granted to o___~_ rL„~cc;~~ ~~~ the c;~ty. Kelly said his clients deserve the same consideration and to keep this open for another 6 months. 20 Regular Meeting Aspen City Council __ December 12, 1988 Kelly pointed out the Council is not losing control of the project by granting an extension. The city will either get what has been approved or a better project. Kelly said there is a potential purchaser who will commit to coming in with an amended plan within 90 days and will agree to add two additional employee units to the plan, reducing the free market units to 15. Kelly said they will agree the square footage or the number of units will not increase. Kelly said Council does not have anything to lose by granting this. Kelly said morally and legally his clients should be given the same consideration that other people have been given. Kelly said a denial could force the Fine plan back in. Kelly said his clients have had a hard time with this project and deserve a break. Cindy Houben, planning office, told Council the 1973 Aspen Area comprehensive plan designated this site as permanent population area where local housing could be built. Houben told Council in the processing of this application, staff made a pitch to P & Z that thi s plan still had a lot of validity because of its location. Kelly pointed out the project went through the process and received approval. Kelly said the proposed agreement is if they get the amended plan, the applicants will give more employee housing and not make anything any bigger. Kelly said the affordable housing ordinance has not been enacted. Kelly said his clients were put in this position involuntarily. Councilman Isaac asked what is prohibiting Kelly's clients from selling the property without the extension. Kelly said the property would not have any land use approvals. There is a saleable project right now. Kelly said the clients have shown good cause. Councilman Gassman moved to approve 180 days extension for the filing of the PUD plat for the 700 East Main project; seconded by Councilwoman Fallin. Ms. Houben asked if this included the conditions of adding two additional employee units. Councilman Gassman added this to his motion; seconded by Councilwoman Fallin. Councilman Tuite asked what employee housing would be required under the existing ordinances. Ms. Houben said under existing ordinances, they would do what was originally proposed; one unit on site and $685,000 cash-in-lieu payment. Joe Edwards said two units would be subtracted from the cash-in-lieu and would be built on site. The remainder of the cash-in-lieu would remain intact. This payment-in-lieu was based on the housing authority's formula. Edwards said they are proposing to build 3 small one-bedroom units on site. Edwards told Council they have contacted 3 patent lawyers and no one can find a case where this has ever happened before. Edwards said the drawings were filed by Mr. Fine under an option contract with his clients. Fine had 21 Regular Meeting Aspen Citv Council .-December 12, 1988 the obligation to pay f or this, abandoned the contract and left, and is now suing for the value of the drawings. Edwards said in order to enrol the support of staff and Council, they have proposed to make the project more like the policy towards which Council is moving, more on-site housing. Councilman Isaac said every time the Council gets into a PUD amendment process, they get in trouble. Councilwoman Fallin pointed out the discussion should be on the extension, not the amendment. Councilmembers Fallin and Gassman in favor; Councilman Isaac opposed. Councilman Tuite said he would like to hear from the planners before he votes. Ms. Houben said in the proposed amendment, the square footage will remain the same, which will result in larger free market units. Ms. Houben said the staff does not know if Ordinance #47 will pass. If it were to pass, the project would require 5 or 6 employee units on site. Edwards said the clients will agree to a condition stating within 90 days they must file an amendment that contains at least 2 additional employee units. Councilwoman Fallin said she would like to start with another motion. Councilman Gassman said the discussion is for an extension. When there is an amendment, Council can decide whether to approve it or disapprove it. Councilman Gassman said Council does not have to design the project in a motion. Councilman Tuite said if Council does not like the amendment, the old project reverts back. Councilman Gassman said the representations made are part of the record. Kelly said f airness requires his clients be given at least one 6 month extension when everyone else has gotten extensions. Councilman Tuite amended the motion to grant an extension for six months subject that the project increase the number of employees unit from 1 to 4 and the applicants come within 90 days with a revised plan. Motion DIES for lack of second. Kelly said his clients should be entitled to some time for this project. Councilman Gassman said Council has voted f or exten- sions on projects that have enormous impact on the community without asking for concessions. Councilw oman Fallin said the issue is to grant a 6 month extension and not to plan the project. Councilman Tuite said granting the extension keeps alive the old project. Kelly said it is not f air not to treat his clients the way other people have been treated. Councilman Gassman restated his motion to extend for 180 days the time for filing a PUD plat for 700 East Main with the condition that an amended plat will include 3 employee housing units 22 Regular Meeting Aspen City Council December 12, 1988 instead of one to be built on site; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. Councilman Isaac moved to suspend the rules and extend the meeting 5 minutes; seconded by Councilman Tuite. Councilmembers Isaac and Tuite in favor; Councilmembers Fallin and Gassman opposed. Motion NOT carried. Meeting adjourned at 9:05 p.m. Kathryn Koch, City Clerk 23 Continued Meeting. Asp~r~ Citv Council December 13, 1988 Mayor Stirling called the meeting to order at 1:18 p.m. with Councilmembers Isaac, Tuite and Gassman present. 1010 UTE AVENUE SUBDIVISION Gideon Kaufman told Council the owner of lot 9, Mr. DeBose, has not been notified and is not represented at this meeting. Kaufman said his client's presence is not a waiver of his rights under the PUD agreement or the Code. Kaufman said he is co n- cerned that his client has not been made aware of what the allegations are. Mayor Stirling said citizens brought to Council's attention certain alleged deviations from the original conceptually approved planned unit development and the final plat. Mayor Stirling said the specific examples relate to setback and height . Council remanded thi s to the planning office and to the attorney's office, and continued this issue so that the owners and developers could be apprised. Paul Taddune, special counsel, told Council there is a provision in the PUD agreement which provides "that in the event the City Council determines that the owner is not acting in substantial compliance with the terms of this agreement" and the PUD agreement outlines the rights and obligations of the owner, "the City Council shall notify the owner in writing specifying the alleged non-compliance and asking that the owner remedy the remedy the alleged non-compliance". Taddune pointed out there is a procedure set forth for a hearing. Taddune said this meeting should be a fact finding as staff needs time to look into this further. Glenn Horn, planning office, told Council this subdivision was approved in June 1987. The subdivision started construction last winter. Horn reminded Council this was a land lot subdivision; therefore, in the review process, the developer was not required to show specific plans of what each house would look like. Horn said staff was concerned about the way the subdivision was proceeding, especially when excavation began on the ridge of the property. During the review process, staff was very concerned about development along the ridge and recommended that the ridge not be disturbed. This recommendation was not adopted by P & Z or Council but the impacts of development on the ridge were to be mitigated. Horn said staff was also concerned about impacts of the subdivision on Calderwood and the adjacent neighborhoods. Horn said the neighbors played a role in the review process. There were negotiations between the developer and Calderwood residents and an agreement was reached. The neighbors felt comfortable with the development based on the representations made during the process. The neighbors did not object during final reviews of this project. 1 ~~ Continued Meeting Aspen City Council December 13, 1988 Horn told Council when excavation took place on the ridge, staff went to the site and asked the excavator to hold up while staff looked at the plans. Horn said staff concluded at that time that it was consistent with the PUD agreement and final plat approved by the city. Horn told Council about a month later, P & Z raised an issue about development of the ridge and that the excavation was not consistent with the review process. P & Z schedule a site visit, looked at the ridge line, looked at representations made. P & Z concluded they did not want to pursue action in this development. The issue did not focus on lot 9 or the impacts on the Calderwood subdivision. Horn told Council P & Z had recom- mended that representations made during the process become a condition of the PUD agreement. Horn said he does not doubt that the activities taking place at 1010 Ute are consistent with the PUD and final plat documents. Horn said the issue is if the PUD agreement was consistent with representations that were made during the review process. Horn said the drawings that were presented were conceptual drawings of what buildings might look like on site. Horn said there is a legal issue as to how binding conceptual drawings are. Council should look at the drawings to see if they show there has been some misrepresentation. Georgeanne Hayes said the adjacent property owners would like to find out what went wrong in the process. Ms. Hayes said Calder- wood subdivision residents were shocked and overwhelmed by the impacts the buildings had on them. Ms. Hayes said she is q uestioning how much weight the original conceptual drawings should have on a project. Ms. Hayes said conceptual drawings are where people get their mind set on what the project is going to look like. Ms. Hayes told Council she was the renderer on this project . Ms . Hayes said 3 of the drawings she has were f or the public record. Ms. Hayes presented some of the conceptual drawings to Council. Ms. Hayes said perhaps there should be something in the city's rules which require a developer to come back to P & Z and change the renderings if the plans change. Horn told Council P & Z wanted to see renderings of what the development on the ridge would look 1 ike . It was a condition that the applicant come back at the preliminary stage with renderings for the ridge line. This was when the language was written regarding the height restrictions f or lots 13, 14, and 15, that they not exceed the .ridge line by more t hen 12 feet. Gideon Kaufman said there was a perspective shown to P & Z . Ms. Hayes' drawing was not shown to P & Z . Kaufman said Council should not make decisions on a perspective that was not shown to P & Z. Mayor Stirli ng said the second rendering was not shown to P & Z. 2 Cont-inued Meeting Ashen City Council December 13, 1988 Ms. Hayes showed a representation based on the preliminary PUD subdivision submittal, sheet 10-A, dated March 4, 1987. Ms. Hayes said the neighbors were given these drawings to show their house, the fence, the relationships of lots 9 and 10. These drawings were in the PUD submittal to P & Z. Ms Hayes said to the neighbors they represented a concept of what the developer was going to do. The developer asked the property owners to support the development on the strength of these drawings. Ms. Hayes claimed the buildings that were ultimately built are very different from the conceptual drawings. Ms. Hayes said the neighbors feel they have been used by the process. Ms. Hayes said the buildings are 8 feet taller, 7 feet closer than they were lead to believe. Ms. Hayes showed a painting that is f or public view in the model at 1010 Ute. Kaufman said a developer goes through a process, and the reason things do not look the same from start to finish is because of this process. Kaufman said the process is set up for change and for the city to make improvements. Kaufman said through this process lots were relocated. Kaufman reminded Council the first plan was for the trail not to go on the side of Calderwood. The applicants wanted the trail on the other side. The trail change was dictated by P & Z and Council and not be the developer. Kaufman said the first drawing was done at the time of conceptual GMP to get the feel of the property. It was never represented that these buildings were going to be built. Kaufman said the second drawing was never shown to the public. Kaufman said the houses on the ridge have all abided by the height shown by the developer on the plans. Kaufman said the final drawing was a drawing for sale purposes, not for presentation to Council. Kaufman said there is a difference between conceptual process and conceptual drawings and trying to hold a developer fine tuned to those drawings. Kaufman said there was no misrepresentation made by the developer . Dick Fallin, architect for the project, showed the documents that were approved by the city. Fallin showed the site plan, indicat- ing Ute Avenue, tennis courts, the lots, the ponds, the road, and surrounding areas. Fallin said this drawing was used as a base drawing for grading plans, landscaping plans, and to prepare sales plans. Fallin showed a drawing illustrating the building envelope of each lot. The building envelopes remained consistent throughout the approval process except for lot 9 which was adjust because of trail decisions. Fallin showed a landscape plan showing the extent of the landscaping around the common areas. Fallin said the houses are being completed by the individual owners. Fallin said one of the major issues in the approval process was how high the buildings should rise above the existing grade line 3 Continued Meeting Aspen City Council December 13, 1988 of the ridge. Fallin said normally one can build to the midpoint of a roof slope perpendicular to an existing grade 25 feet with a maximum of 5 feet above the midpoint. Fallin said lots 13, 14, and 15 were impacted by the ridge line and through the PUD approvals, the maximum height on those 3 lots was limited to 12 f eet above the existing grade. Fallin said the applicants analyzed their site for the trail location. Fallin said 1010 Ute is in close proximity to the Gant and to Calderwood and, the developer felt to bring the trail within the site would unnecessarily congest the traffic in that area. The applicants proposed the trail run along the edge of the river, which was city property. The developer was willing to construct the trail. The trail committee decided they would rather see the trail go through the project . Fallin r eminded Council the applicants presented 4 trail options, two of them showing cross sections along the trail. Fallin said the cross section drawing Ms. Hayes presented was used to show the trail options and to illustrate some of the difficulties in construct- ing these trails, how the trail, landscaping and f encing would be treated. Fallin said the Calderwood residents wrote letters to the city stating they support the original trail option along the river because it offered more privacy to their subdivision. Fallin said drawing #1 was used in the GMP process to illustrate where the project was and where the entry point would be. Fallin said drawing #2 was never shown to the city; it was an in-house study. Fallin said two-story houses were talked about in the process. There was a limitation put on the lots on the ridge; the caretaker unit was limited to one story. Fallin said drawing #4 was only used as a sales document. Fallin said he does not feel the drawings were misrepresentations. Molly Campbell, the Gant, told Council they participated in the process and found the developer to be receptive to their thoughts and ideas. Ms. Campbell said she feels the representations made were correct. Lee Pardee, 1010 property owner, told Council the developer and architectural review committee in this subdivision have been very stringent. Pardee said there will be significant 1 andscaping . Councilman Isaac said the issue is if the developer followed the constraints of the building standard and met all the criteria laid out in the PUD agreement. Councilman Isaac said Council does not have enough information to red tag the buildings. City Manager Bob Anderson said each lot does have a building permit. Anderson said he believes the buildings are being built within the PUD standards. Horn agreed the building permits are consis- tent with the PUD document and final plat. Councilman Tuite said he is concerned about the representations made throughout the 4 Continued Meetincr Asuen Citv Council December- _13 1988 process. Councilman Tuite said he cannot tell if the building on lot 9 is exceeding the representations that were made. Councilman Isaac moved to direct staff to recheck the PUD agreement, minutes, and building plans to see if they meet everything that was laid out and report back December 19; seconded by Councilman Tuite. Taddune reminded Council the emphasis was on land subdivision not an architectural project. Taddune suggested in the future Council could pre-approve the architecture when they approve the subdivision. All in favor, motion carried. Kaufman said if the building envelopes shown on the f final drawings and approved by the city are where these houses were put and people received building permit and built their house, there is not a legal basis to discuss this any further. Anderson said he interpreted the motion to have staff verify that everything is legal. Councilman Tuite said he is also interested in the process and a review of the process and how things changed in the process. Council adjourned at 2:45 p.m. Kathryn S 'Koch, City Clerk 5