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HomeMy WebLinkAboutminutes.council.19890227Re au i a-r Me e t i n g,____~~_ - - -Asx~e n - C i tw - Co urn c-r-1 - _ - Feb-r ua rv- 2 7 . 1-9$ 9 CI T IZ EN PART I C I PAT ION 1 COUNCILMEMBER COMMENTS 2 CON SENT AGENDA 3 GORDON/CALLAHAN CONCEPTUAL PUD 4 RESOLUTION #7, SERIES OF 1989 - Centennial/Hunter Creek Annexation 5 ORDINANCE #4, SERIES OF 1989 - Ballot Questions 7 ORDINANCE #5, SERIES OF 1989 - Election Precincts 10 ORDINANCE #6, SERIES OF 1989 - Technical Code Corrections ORDINANCE- #7 :- EER3ES- OF- 1-9$-9 - Substantive Code Corrections 10 LEASE AGREEMENT - Marolt Barn 14 CONFLICT OF INTEREST REPORT 15 700 EAST MAIN CLARIFICATION 16 RESOLUTION #5, SERIES OF 1989 - Global Warming 17 19 Regul ar Meeting Aspen City Council I'ebruary 27. 1989 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Fallin, Gassman, Isaac and Tuite present. CITIZEN PARTICIPATION 1. Jon Busch told Council the RNL parking garage study shows a possible future trolley route as a cross town shuttle. Busch said the trolley group is ready to move toward this goal and requests direction from Council. Busch said they would like to have a joint study session with Council and RFTA. Busch told Council the trolley group has assembled a study team. Roger Hunt told Council historically the P & Z has been strongly in favor of trolleys as a cross town shuttle and keeping this as a possibility. Councilman Tuite said there may be groups willing to bear the capital costs of putting trolleys in. RFTA is willing to listen to anyone who wants to provide alternate means of transportation. Mayor Stirling suggested a study session after the continued public hearing March 20 at 6:30. The study session would be to discuss the ballot questions and the trolleys with RFTA. 2. Whit Sterling, representing the Aspen Skiing Company, told Council they are putting on a celebrity race Wednesday, March 1, to benefit diabetes. Sterling said he needs a building permit for temporary structures to put up a tent and a 30 foot balloon on Little Nell. Councilwoman Fallin said the balloon is in the county. Sterling told Council this event was put together in two weeks, which is why he is so late before Council. Councilwoman Fallin moved to approve the temporary tent for this event on Little Nell; seconded by Councilman Tuite. All in favor, motion carried. 3. Leslie Holst told Council he went to the last HPC meeting when the presentation for the hardware store was made. Holst told Council this presentation violated everything the National Historic Preservation people believe in. Holst said one cannot put another story on a historic building. Holst said he was alarmed that the HPC indicated they would allow two condominiums on top of the building. Holst said he feels the HPC is not getting enough direction from Council. Holst said if Council really wants historic preservation, they have to tell the HPC that. Holst said the HPC may not have the information they need to do their job adeq uately. Holst said historical preservation is 4 dimensional; the 3 dimensional building and the dimension of time. Holst proposed Council have a meeting with HPC and perhaps bring someone in to give them more information. Holst said there is an immediate need for a the whole town or an architectural overlay city has some control over what is going. historic overlay over over the town so the Holst said if Council 1 Regular Meeting Aspen Citv Council Februarv 27 , 1989 establishes some powerful parameters, other problems will be solved. Holst requested Council review their policy and spend more time with HPC. Mayor Stirling pointed out there is a historic overlay in the downtown area. Mayor Stirling said the suggestion of putting a historic overlay over the entire town is a good one. Roxanne Eflin, planning office, told Council the hardware building presentation was a pre-application. Ms. Eflin told Council the guidelines adopted are very clear. COUNCILMEMBER COMMENTS 1. Councilman Tuite thanked the streets department for starting to clean up this streets this weekend. 2. Councilman Tuite said it has been reported that the problems with the stoplight at Maroon creek were because the highway department changed the cycle on it. Councilman Tuite requested when the highway department makes changes in the future that they let the city staff know. Councilman Tuite req uested that the staff continue with the testing of traffic at this light. 3. Councilman Tuite asked the status of hiring in the building department. City Manager Bob Anderson said one position has been shifted and the building department is ready to hire someone. Anderson told Council the positions on the building department are hired through the county. The county has a policy of not hiring people over a certain point in the salary range. Anderson said these type of skilled people are hard to be able to afford. Anderson told Council the electrical inspector has been filled, and there are still 3 vacancies. Councilman Tuite said the city has spent a lot of time on the building department and he would hate to see them not be ready for the building season. Anderson said part of the problem is the county salary schedules are a certain level and the county has an inflexible policy. Anderson said the building department director is working on this. 4. Councilman Tuite said he is interested in addressing water conservation to be able to increase the amount of water available. Council agreed they are interested. Councilwoman Fallin said Rocky Mountain Institute has done a study on this, which may help the city. City Manager Bob Anderson said there are a lot of water conservation devices available. Councilman T uite said he would like to see these incorporated in building regulations, not water rates . 5. Councilwoman Fallin presented a plaque from the Mayor of Futtsu, Chiba, Japan. This city will grant the approvals for the new resort. Councilwoman Fallin congratulated the architectural firms that were the gold, silver and bronze winners in the resort competition. Councilwoman Fallin said these firms represented the 2 Regular Meeting _ Aspen Citv Council February 27. 198 city of Aspen very well. Councilwoman Fallin said the people in Japan would like to continue their relationship with Aspen. 6. Councilwoman Fallin said she has had calls about the street situation. People are unhappy about the condition of the streets. City Manager Bob Anderson told Council the streets department has been working 12 hour shifts on picking up dust, maintaining the eq uipment, cutting back the ice pack, and doing side streets. Anderson said the streets department will keep working as hard as they can . 7. Councilwoman Fallin proposed Council adopt an ordinance f or liquor licensees and those applying for liquor licenses. Before peopl a receive thei r 1 iq uo r 1 icense , they must complete a 1 iq uo r servers training. Councilwoman Fallin said the town of Snowmass has such an ordinance. Councilwoman Fallin proposed this training be held f or owners and managers at least once a year. Council supported this and directed the city attorney to bring back legislation. Councilwoman Fallin suggested for a liquor license renewal, licensees have to show proof they have completed training. 8. Mayor Stirling said the real estate transfer tax for 1988 was over the targeted amount. This will enable the city to do the things for the Wheeler that has been discussed. 9. Mayor Stirling said he has been contacted by a citizen who is very concerned about the trees in the city's right-of-way because of the size of the grates, the utility boxes at the base of the trunks, and the lights on the trees. Mayor Stirling referred these letters on to staf f . 10. Mayor Stirling requested containers in city hall for recycling aluminum and for glass. Mayor Stirling said this would be a good participatory idea. 11. Mayor Stirling commended the Snowmass-Aspen organization group for the Winternational. Mayor Stirling said the group did a superb job and proved there will a way and a will in the community to hold this event. 12. City Manager Bob Anderson thanked Council for their condo- lences on the death of his father. 13. City Manager Bob Anderson pointed out several city employees are very key to the Winternational race and work hard on it. CONSENT AGENDA Councilwoman Fallin moved to approve the consent agenda; seconded by Councilman Tuite. The consent agenda is: 3 Regular Meeting -- Aspen Citv Council Februarv 27~ 1989 A. Liquor License Renewal Cantina B. Special Event Permit - C. Minutes - February 13 , All in favor, motion carried. GORDON~CALLAHAN CONCEPTUAL PUD - Crystal Palace; Le Cadeau, St. Mary's Church 1989 Mayor Stirling said he has absented himself from this discussion before because he had a client pursuing the purchase of one of these lots. Mayor Stirling said this has not happened. Mayor Stirling said he does not feel he has a conflict. Fred Gannett, city attorney' s office, agreed there is not a conf 1 ict . Cindy Houben, planning office, reminded Council at their December 19th meeting they approved this PUD with conditions. Ms. Houben said later the applicants came back and requested to re-review this application with Council. The applicants have submitted a new application to the planning office, which has been noticed since there were significant changes made . Council' s concerns were that the entire PUD was not planned and the applicants would come back in the future for further development requests. The applicants have tried to clarify this by coming showing the total development of the parcel. The third lot along the river was controversial, and Council determined it was not appropriate to have another lot on the river f ront . The applicants are requesting an additional lot along the river front and are showing a building envelope for the upper portion of the property. Councilman Gassman said he feels this is a different application and should go back to P & Z . Councilman Isaac said he does not know whether the changes are significant enough to send this back to P & Z . Ms. Houben concluded is the changes are significant. The applicants are adding two new subdivided parcels. In looking at subdivisions, Council looks at the number of lots and the position of those lots. Councilwoman Fallin said she is hesitant to consider an approval without having recommendations from P & Z and would rather have this go back to P & Z . Mayor Stirling agreed with Fallin and Gassman. Stan Mathis, representing the applicant, told Council in the original presentation they did not know exactly where they were headed in the application. Council sterilized a piece of property below the Riverside ditch. Mathis said there were concerns about access and easements. Mathis said he and his clients have worked very hard in getting the property owners together to take care of problems and to show Council a revised plan. Mathis said they can bifurcate their proposal and go forward with the 3 lots already addressed by Council. Mathis said the applicants would like to know if they are on the right track with this proposal. Mathis 4 Re ular Meet' - A en Cit C u c' F r 2 1 said he would like an opportunity to convince Council to change their motion steriliz ing the property below the Riverside ditch by seeing the total application. Sunny Vann told Council P & Z addressed the development of the remainder of the parcel. P & Z attached conditions and this proposal is consistent with that review. Vann said the applicant has acquired two additional development rights via the Lipkin transferrable development rights for these parcels. Competition under GMP will not be required. Vann said the applicants are asking Council to look at how this proposal has addressed their concerns, reconsider the prohibition against development adjacent to the river. The applications will then proceed with f final development approval for the 3 lot subdivision, and will go back to P & Z to show them how the proposal complies with the criteria. Councilman Gassman said this is a complicated application. Councilman Gassman said Council has a board whose job is to review land use applications. This is quite a different application from the one the P & Z first saw. Councilman Gassman said he feels the appropriate review agency is P & Z. Councilman Gassman moved to remand this back to P & Z; seconded by Councilwoman Fallin. Mathis said he thought they would have a chance to show why what was done at the last Council meeting was wrong. Mathis said they can answers the questions from the last meeting plus they have taken care of neighborhood impacts . Mayor Stirling said he f eel s the integrity of the project would be lost by bifurca ting this application. Mathis said if Council does not like what they see tonight, it won't do any go to go back to P & Z. All in favor, motion carried. RESOLUTION #7, SERIES OF 19.89 - Centennial/Hunter Creek Annexation Fred Gannett, city attorney's office, told Council there are two resolutions. Resolution #7 is the public hearing on whether the petition for annexation meets the statutory requires. Gannett said Resolution #8 is to nominate Ron Mitchell as an election commis- sioner and to accept the nomination of Michael Kinsley and Debbie Ayres as commissioners. Mayor Stirling opened the public hearing. Councilwoman Fallin moved to adopt Resolution #7, Series of 1989; seconded by Councilman Gassman. Mary Martin asked if the city has resolved the problems of remitting the sales tax from the county to the city, the issue of 5 Regular-Meeting Aspen Citv Council February 27. 1989 roads, and the EPA issue. Mayor Stirling said the city has worked out some agreements with the county. Deputy City Manager Ron Mitchell said based on the last meeting with the EPA, there will not be any action taken to have to remove the material in the asphalted roads. Mitchell said the city will not have any exposure from the standpoint of the superf and site. Mitchell said on the question of revenue transfer, the city is refining their cost estimates on annexation to be completed this year. This will be presented to the county for review and to begin a negotiation process to resolve the revenues transfer. Mitchell said the city will take responsibility for the maintenance of the roads; the county will retain ownership until the EPA superfund site is resolved. Gannett said he did not have time to draft a pre-annexation agreement. Gannett said he will draft an imposition of a term that if it is determined necessary, the county will retain ownership. Ms. Martin asked if legal issues are usually resolved before annexation takes place. Gannett said the difference is that a petitioners' committee have brought the q uestion f orward to Council. Gannett said Council may impose terms and conditions on the process to req uire that certain things be worked out in advance. Gannett said there is a general agreement with the county that the issues are capable of being worked out. Ms. Martin said no one should be denied a right to vote, but this process does not seem legally sound and all the issues have not been worked out. Ms. Martin questioned doing this annexation by emergency ordinance, which is for the health and welfare of the people. Mr. Martin said this does not seem to be an emergency situation. Councilman Tuite said everyone will keep the same liability as before annexation. Mitchell said the EPA has indicated they will not name the city as a responsible party. Gannett said the main area of contention relates to the identification of a site f or dumping the con- taminated soils. The county is negotiating an agreement to provide a site which is not within the annexed territory. The city will not be assuming costs or liability with this proposal. Mitchell said this resolution does not finalization the annexation. There will be an annexation and then Council will adopt the ordinances. Mitchell said hopefully the intergovernmental agreement on roads will be adopted prior to the ordinance. Mitchell said all the revenues except changing the amount of the sales tax division transfer automatically. Ms. Martin said the article in the paper said only property owners in the area will be able to vote. Ms. Martin questioned renters signing the petition for annexation. City Clerk Kathryn Koch said she thought the signors had to be registered voters. Gannett said they have to be landowners who are q ual if ied to vote . Ms . Koch said she checked the petition under the wrong circumstances. Re ul ar M et ' n ~ A Cit Counc ' Fe r r 27 1 8 Councilwoman Fallin withdrew her motion. Mayor Stirling moved to continue the Council meeting to consider Resolutions #7 and 8 at February 28, 1989, at 4:00 p. m. in the police conference room and have the city attorney and city clerk recheck the petition; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #4: SERIES OF 1989 - Ballot Questions Fred Gannett, city attorney's office, told Council this i s draf t information, not intended for first reading, for Council to start considering ballot questions for the May election. Gannett requested Council look at these questions to see if they want them on the ballot. Gannett requested a work session for the questions Council would like refined. Gannett said the first question is a Charter amendment which 1 imits the terms of Council to 2 four year terms. Councilwoman Fallin moved that the question be amended to read 2 four year terms consecutively; seconded by Councilman Gassman. Councilwoman Fallin said she does not feel someone who served on Council in the 60's or 70's should be precluded from running again. Mayor Stirling said he feels to limit the voters from being able to vote for anyone is a limitation of choice. Councilman Gassman agreed this takes responsibility away from the voters. It is up to the electorate to be responsible. Councilman Isaac asked if this effects the Mayor's position. Gannett said it does not, and asked Council if they want a similar question that would address the Mayor. All in favor, motion carried. Councilwoman Fallin said she would not want to 1 imit the Mayor to 2 two years terms when Council can serve 2 four year terms. Gannett said Council did not direct him to draft a q uestion with respect to the Mayor's term. Councilwoman Fallin said she feels the Mayor should serve a 4 year term, like Councilmembers. Councilman Isaac said it is not fair to limit Councilmembers' terms and not limit the Mayor at all. Councilman Isaac moved that the Mayor's term be limited to 4 consecutive two year terms; seconded by Councilwoman Fallin. Mayor Stirling said this again takes away the prerogative of the voters and limits choice. Councilwoman Fallin said not putting this on the ballot is limiting the voters choices to make a 7 Rectular Meetin4 _ Aspen Ci~v Council - Febr-ua-r,y 27. 1989 decision. Councilwoman Fallin said she is seconding this motion on the basis that it will be a separate question. Councilmembers Isaac and Fallin in favor; Councilmembers Gassman, Tuite and Mayor Stirling opposed. Motion NOT carried. Si Coleman asked if this applies to incumbents. Gannett said he has not addressed this issue. Gannett said he feels this takes effect the day it is passed unless there is other language put in the Charter amendment. Councilwoman Fallin moved to accept the amended question #1 relating to Council terms; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Council decided this should effect people elected in 1987 . Question #2 is the issuance of a general obligation bond not to exceed $3,600,000 for the purposes of renovation and expansion of the Red Roof Inns. Gannett said the question sets out the terms of $3,600,000 for 20 years at 10 percent. Gannett told Council he is working with the city's bond counsel and the housing office. Gannett said an issue than needs to be pinned down is whether this is a lease or a lease/purchase. The concern of the city's bond counsel is that if the city is taking money that will be used for other purposes than the construction of this project, there may be a need to identify this in the question. Another issue is the improvements, that the improvements shall not exceed 75,000 square feet, no more than 100 additional rooms and accessory facilities. Gannett said that language was taken from the August ballot question and has been interpreted to mean 100 rooms exclusive of the accessory facilities. Gannett said this bond issue is for approximately 33 percent of the improvements approved. Bit Dunaway said this question i s not promising that the bonds proceeds will be used for employee housing. City Manager Bob Anderson said the city is taking the money from the Red Roof and putting it to another use . However, if anyone else were buying it, it would be considered being used for employee housing. Gannett said he will add at the end of the question "for employee/M.A.A. housing". Gannett said in order to sell this issue in the most optimal manner, the city has to clear up the details of who is going to guarantee the rents. Gannett pointed out one of the federal housing guidelines req uire that these not be guaranteed by employers. The bond counsel in Denver is working on this issue. Gannett said another issue that needs to be refined is the lease or lease/purchase option. Councilman Isaac brought up the name of the Red Roof Inns, which is being used by a chain doing business 8 Re ular Meetin - - A en Cit -Counc' F r r 2 1989 in the midwest. Gannett said he is calling it "formerly known" in order to keep some consistency with previous ballot q uestions. Councilman Gassman moved to put question #2 on the ballot as it is amended; seconded by Councilman Tuite. All in favor, motion carried. Gannett said question #3 is whether Council wants to bring the Marol t question back on and have a new question on the use of the Marolt property. Gannett said this would remove one issue from the litigation, which is the accuracy of the question. Gannett said this is only a small part of the lawsuit against the city. Gannett said an issue in dispute is what plat was in effect. Council deferred action on this question until March 20th. Gannett said question #4 deals with amending the real estate transfer tax. Gannett said the Council can amend their present ordinance to create a separate fund for a 5 percent graduated real estate transfer tax. Gannett said the Council can also create a new and separate real estate transfer tax. Gannett said this money is to fund space for housing purposes. Councilwoman Fallin said she feels Council needs more time to formulate the question and to explain to the voters how the money is going to be used. Council- man Gassman agreed. Mayor Stirling said it is premature to talk about $12,000,000 bonding potential without understanding some of the other approaches. Mayor Stirling said Council has just started discussions of rezoning parcels or allowing increased density. Mayor Stirling said until Council knows what the need for housing is, there is a lot more work to be done before asking for a 5 percent real estate transfer tax. Councilman Tuite said this is a speculation tax pure and simple. Councilman Tuite said he would like to see real estate sales pay their share for the city to be able to buy space for of f ordabl e housing. Councilman Tuite said he does not want this tax tied to the RETT on the Wheeler and the arts. Councilman Tuite said he would like this for a shorter time than through 1998. Councilman Gassman said he is in favor of this proposal; however, by putting this together in a few weeks may be jeopardizing the success of it. Councilman Isaac agreed Council needs to get more input from the community before this goes to the electorate. Mayor Stirling said Council also needs to discuss other taxing alternatives, like a county-wide property tax. Council requested this be brought back on the March 13th agenda. Joe Edwards said all the community housing that the county built involved situations where the county had acquired the land. Edwards said aoq wiring the land is critical and the city will need the funds to acquire land. Edwards encouraged Council to move forward as quickly as possible. Edwards said the voters will not 9 Regular Meeting Aspen City Council February- 27. 1989 be against an anti-speculation tax. Councilman Isaac said he would prefer this real estate transfer tax separate from the existing RETT. Councilman Isaac said he would 1 ike it specified so that it is only for the purpose of buying land or to repay the land fund for community housing. Councilman Isaac said he would like a sunset provision on this. Mitchell suggested this could also be used to purchase existing housing or buy deed restrictions. Mary Martin said the city should be zoning a percentage of land for community housing. Gannett said the final ballot question is the authority to enter into a long term lease on the Marolt property. Council agreed to discuss this when they discuss the Marolt barn 1 ease . ORDINANCE #~. SERIES OF 1989 - Election Precincts Councilwoman Fallin moved to read Ordinance #5, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE # 5 (Series of 1989) AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF FIVE (5) PRECINCTS FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON MAY 2, 1989, AND SETTING FORTH THE DESCRIPTION OF THOSE PRECINCTS was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #5, Series of 1989; seconded by Councilman Isaac. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #6. SERIES OF-1989 - Technical Code Corrections ORDINANCE #7,- SERIES- OF 1-9$9 - Substantive Code Corrections Mayor Stirling said Council will schedule a special public hearing March 20, 1989, at 5:00 p. m. to consider these two ordinances. Alan Richman, planning office, said the code rewrite was a major effort and staff knew during the rewrite they would have to come back with corrections. Ordinance #6, which is the technical ordinance, contains omissions, inconsistencies and things that did not work. Richman told Council there are 50 minor changes in this ordinance. Ordinance #7 contains the substantive changes. Richman told Council this ordinance does not deal with historic incentives, which will be coming forward as a separate ordinance. Richman said the staff learned a lot from the Aspen Mountain Lodge project, about the PUD amendment process and ways of tightening up the regulations and the variations that the regulations allow. Richman said the technical corrections can move quickly; the substantive 10 Regular- Meeting- - - Aspen City Council February- 27. 199 items will require a lot of debate. Richman told Council the growth rate changes are not in these ordinances. Richman reminded Council on March 6th there is a study session scheduled to discuss growth rates. Richman said in the substantive changes demolition of existing dwellings in the CC, C-1 and office zone is a conditional use. Construction of a duplex in the RMF, C-1 and office is a condi- tional use. The concept of external FAR increase in the RMF zone district from 1:1 to 1.1:1 is included. P & Z has attached a requirement that 2/3 of the additional floor area has to go to additional size of the affordable housing units. Richman told Council the entire section on demolition and relocation of historic landmarks has been repealed and entirely rewritten. Richman said there are more realistic and pertinent review standards. There are changes to the HPC appeal and call up provision. The city attorney is recommending some limitations on who can appeal an HPC action. There is a call up provision created where Council can bring an action up to discuss it and to understand what went on. Richman said the ordinance adds maintenance requirements for all structures on the historic inventory. Richman told Council P & Z has suggested a one-time $10,000 low interest loan for this maintenance. P & Z did not feel it was appropriate to put main- tenance requirements on structures unless the city is willing to back it up with incentives. Richman said another change is the proposed limits on the PUD/SPA variations now permitted in the code, dealing with questions of height and FAR f or PUD and height, FAR and density for SPA. Richman told Council P & Z felt uncomfortable with eliminating the ability to vary altogether. P & Z also felt uncomfortable leaving it the way it was. P & Z recommended "minimal" or "modest" increases are those which would be allowed. P & Z said when a variation is granted, there has to be direct compensation in the project . Richman said he feel s a number , rather than minimal or modest, might make more sense. P & Z felt a number would be a target and people would design to it. Richman said staff has come up with much stronger PUD/SPA amendment procedures. The city has been given the ability to review a project according to current regulations. Richman said the code amendment also contains a shortened PUD process consolidating conceptual and final review into a single stage when staff, P & Z and Council find it appropriate. Any of these bodies hav a the opportunity to say the short process will not work. Richman said the amendments deal with the commercial q uota. Richman said staff has had a problem since dropping "net leasable commercial". Richman said staff has looked at what net leasable 11 Regular Meeting -Aspen City Counc~_ Februarv- 27 . _ 1989 means and has been able to cut back the square footages accord- ingly. Richman said the substantive changes make strides in areas that are important to Council; PUD regulations and historic preservation. Councilwoman Fallin moved to read Ordinance #6, Series of 1989; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE # 6 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING TECHNICAL CORRECTIONS TO THE ASPEN LAND USE REGULATIONS was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #6, Series of 1989, on first reading; seconded by Councilman Isaac. Mayor Stirling asked about the copyright materials. Fred Gannett, city attorney's office, told Council the idea is here that if a person submits an application to the city, any materials submitted are available for the city to use in any purpose in preserving representations made including, but not limited to, recording the in county clerk's office. Gannett said this is a technical issue. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. Councilman Isaac moved to read Ordinance #7, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE # 7 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING SUBSTAN- TIVE CORRECTIONS AND POLICY CHANGES TO THE ASPEN LAND USE REGULATIONS was read by the city clerk Councilman Isaac moved to adopt Ordinance #7, Series of 1989, on first reading; seconded by Councilman Tuite. Council agreed with the conditional use of demolishing existing dwelling units in the CC, C-1 and office zones change and the construction of a duplex being a conditional use. Richman said the l.l:l FAR is a bonus available by review of P & Z . This would allow l arger size units to be constructed and is only available in cases of replacement housing. Richman told Council P & Z discussed a 10 or 15 percent bonus. P & Z felt comfortable with only 10 percent bonus and only agreed to it 12 Regular- Meetin4 Aspen City- Council - - February ~7: 198 because the majority of the bonus will go towards employee housing. Richman said the city has to not lose the neighborhood issues in exchange for the housing issues. Council requested staff look at some variation of this according to lot size by the public hearing. Richman suggested staff spend more time on the amendment that historic structures be maintained with the possibility of an interest free loans. Councilman Isaac said he is interested in this but would like to know more about the criteria of who can apply. Mayor Stirling said he feels this is a good idea, too. Councilman Tuite said he believes this to be a cheap way of keeping a community mix. Council requested this amendment be pursued with more detail. Councilman Gassman said Council has just gone through a PUD amendment without any limitations. Councilman Gassman said this amendment is shifting the arguments so that Council will be discussing what "modest" or "minimal" variations are. Councilman Gassman stated he is very opposed to having any bonus over the underlying zoning. Richman said there is a minority report from P & Z, which agrees that variations in density, height and floor area do not ever benefit the community and should not be permitted. The majority of P & Z felt to achieve the kinds of benefits for the community, the city needs to have something to offer. Richman said some P & Z members felt if the variation capabilities are dropped, the PUD or SPA might as well be dropped. Richman said the only thing that would be left in PUD is the ability to cluster. Richman said given the difficulties of going through the process, there would be little activity in PUD. Mayor Stirling said he is not happy with minimal or modest increases, nor is he happy with total discretion. Richman said staff favors the idea of a ceiling; minimal or modest are in the eyes of the applicant. The next change is the authority to apply new regulations or new developments that may not be clearly reflected in the code. Richman said the key language is "compatible with currently community conditions" and applies to portions of the development which have not been built or propose to be amended. Mayor Stirling said he feels this is a useful amendment, but Council needs to be careful about the language. Another change is to have a shortened PUD process. Richman said this is for special projects and for minor projects. Richman said because of the nature of PUD on the zoning maps, some small projects are required to go through 4 steps. Mayor Stirling said as long as Council reserves the right to require the full review, this would be all right. Richman said the last change addresses the commercial office square footage in the growth management quota system. Richman told 13 Regular- Meetinct Aspen City -Council - Februarv 27 . 198 Council the code currently talks about the area of the building. Richman said this change looks at leasable space. Richman said it also reduces the quota from 24,000 to 20,000 square feet. Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling said the public hearing will be at 5:00 to 6:30 p.m. on March 20 , 198 9. LEASE AGREEMEAI~ - Marolt Barn Rick, representing the historical society said they would prefer a long term lease. If Council is not willing to grant that, they do not have an objection of taking this to the electorate. Councilman Tuite said he feels ownership is cleaner but is willing to go to a long term lease without a vote. Fred Gannett, city attorney's office, advised Council that anything over a 5 year lease seems to be a disposal of land and should go to the voter. Gannett said the Charter section talks about "disposal of land" , which has been defined numerous ways. Gannett said a long term lease of 50 to 75 years is disposal. Council agreed this should be a long term lease and it should go to the vote. Gannett said two issues are if the lease satisfactorily addresses Council's concerns and what the liquidated damages should be, what the amount should be and what kind of notice should be required. Councilman Gassman said he feels 75 years is a long term for a lease. Gannett said what matters is how much time the city will give the historical society to terminate and what kind of figure they will pay. Gannett said the historical society proposes to raise $250,000 to renovate the structure and would be hesitant to do that without a long term lease. Gannett suggested the city give 50 percent of whatever the historical society raises not to exceed $100,000 for liquidated damages. Council also gives the historical society a time frame in which to raise this money and to put it into the property. If they fail to raise it or put it into the property, that provision would evaporate. Gannett said the historical society would like to see a declining balance. Rick told Council phase one is restoration of the exterior of the building, including structural repairs to the west cantilever roof, the roof trusses, rebuilding the loading dock and windows, rebuild- ing the leanto, underground the electric to the building. Council suggested the lease be amended to allow the parking of farm vehicles. Councilman Isaac asked if there is a definition of the area to be leased. Gannett said the historical society is having a survey, which will be attached as a reference. Roxanne Eflin, planning office, told Council the lease area will incorporate the barn structures and the area of the lixiviation ruins. Graeme 14 ReQUlar Meetin4- _ _ . _. -. _ _.p,~pe~ y~C~uncil _ _ _I'e-br-uarv ~7 . 198-9 Means said the area will be between 2 and 3 acres. Mayor Stirling asked why they are taking so much beyond the barn. Means said for a buffer zone around the barn and to include the ruins site. Ms. Eflin said they felt it was important to have land around the barn for viewing of the barn and for protection from the highway department. Ms. Eflin said because this structure is eligible for the National Register, the highway department must mitigate any impact to the site. City Manager Bob Anderson suggested fitting this leased site in with the department of highway EIS maps. Councilman Gassman said he would like to keep the leased area as small as possible. Mayor Stirling said Council needs to look at the size of the ground for the lease, the clause to perform, the length of the lease, and to look at the EIS overlays. Councilman Gassman moved to continue the discussion to March 13, 1989; seconded by Councilwoman Fallin. All in favor, with the exception of Mayor Stirling. Motion carried. Mayor Stirling said he is concerned about invading the open space with anything. Mayor Stirling said he would rather see the buildings restored but not used like a museum. CONFL ICS- OF- IN2EREST REPORT Roxanne Eflin, planning office, told Council P & Z and HPC reviewed Ordinance #50, 1989, and recommended minor amendments to the code. Ms. Eflin said the HPC revised their by-laws. Ms. Eflin reminded Council in December they met with 5 city boards. Ms. Eflin said these boards all voiced the opinion that there was no conflicts on their boards. Ms. Eflin said at P & Z some members of the board make presentation before the board; the HPC does not. Ms. Eflin said the HPC did a review and did not feel they are in conflict with Ordinance #50, 197 9. Ms. Eflin said the public's perception of conflict of interest was the driving force behind this review. Ms. Eflin said the boards took a comprehensive look at the issue and made some good changes. Ms. Eflin recommended Council initiate a formal code amendment process by sending this changes back to P & Z for a public hearing. Councilman Gassman objected to member's firms presenting work before their boards. Councilman Gassman said the public is providing an education for board members. Ms. Eflin said the boards feel they can monitor themselves, and if not, Council bring it to Council to deal with. Mayor Stirling agreed no projects should be presented by members of member firms on the board. Mayor Stirling moved to amend Ordinance #50, 197 9, to incorporate some recommended changes and bring back to Council as an ordinance as soon as possible, to consider that projects cannot be presented 15 Regular Meeting- - - - - _Aspen -Cites -Co-umcl-- _ _ Fe~ruar~t ~7 . 19$9 by members or member firms, and that no family members of any Council can serve on any board Councilman Tuite said there are not a lot of people applying for the boards and commissions. This is still a small community. Councilman Tuite pointed out that the public is not paying for anyone's education; these are volunteer boards. Councilman Tuite said this is spiting themselves for an appearance. Mayor Stirling said he feels the perception is as important as the reality of a conflict. There was not support for a member's firm not presenting a project before a board. Councilmembers Isaac and Fallin said they would support a member not presenting a case before their board. Glenn Horn asked if Council is concerned about board members making presentations before other boards. Gannett told Council he has been asked to prepare an opinion on whether a former staff member has the ability to move into the private sector and whether there ought to be a cooling off period. Gannett said this is not addressed in the Colorado State Statutes nor in the city's ordinance. Mayor Stirling moved to direct staff to come back to Council no later than the first meeting in April with an ordinance addressing the recommended changes of HPC and P & Z and to limit presentations by members; seconded by Councilwoman Fallin. All in favor, motion carried. 70fl- EAST- MA3N- CLARIFICATION (Mayor Stirling 1 of t due to a conf 1 ict of interest) . Fred Gannet, city attorney's office, said this was put on the agenda by Marty Pickett on behalf of her client, Mr . Fine, regarding the extension granted on December 12, 1988, and Council's intent. Gannett said the motion on the floor was to extend for 180 days time for filing a PUD plat for the 700 East Main with the condition that an amended plat would include 3 employee housing units instead of 1 to be built on site. Gannett said there was discussion on the size of the employee units, whether an amended plat had to be f filed within a specific time period and if so, what it was. Gannett said these issues relate to how planning and the owners look at this. Gannett said it appears Council gave an open-ended extension for 180 days, that they are to f it e a plat or an amended plat within that time, and whatever they file is to show 2 additional units. Councilwoman Fallin said her sense of the motion was it was a 180 day extension. Council agreed. Cindy Houben, planning office, said the applicant had discussed coming back to the city with an amendment showing the employee units prior to the 180 days to make sure they had the amendment. That's where the 90 days came in. Gannett said he would like them to bring back a plat showing either the amended units or some language obligating them to produce it 16 Reau3a~-_Meetincr Aspen City Co ncil - _ - - - Fed-r~~._rv 27 . 198.9 within a time certain. Gannett said the motion infers there are two plats to be filed. Councilman Gassman said that is not what the Council meant. Councilman Gassman said if there is not an amended plat, then the approvals expire. Gannett said in order to file an amended plat, one has to file a plat. Gannett said this is semantics, but lawsuits have been filed in this project based on semantics. Gannett said it should be clear from Council that there is a plat to be f filed and that plat shows the new conf figura- tion of 15 free market units, 3 employee units, each to be ap- proximately 600 square feet. Ms. Houben said an amended plat takes approval from the P & Z and the Council. Ms. Houben asked if Council means there has to be an completed, amended plat within the 180 days. Gannett said the problem in this case is that no plat has ever been f fled. Councilman Gassman said amended plat may not have been the correct terminology. Councilwoman Fallin said the applicants were asking for an extension to file their plat and Council got into redesign- ing the project and amending a plat that did not exist. Gannett proposed the motion that 700 East Main project have 180 days from December 12, 1988, to file with the planning department an ap- plicant to amend the plat process and submit a final plat. Gannett said the applicants got an extension to file a plat and PUD agreement. Councilman Gassman said that is what they should file within 180 days. Council said they want something filed within 180 days. Whatever the applicants were supposed to have done by December 12, Council gave them another 180 days to do. Ms. Houben said the extension was conditioned upon getting 2 additional units. Dorothy Mikkelson, one of the owners of the property, asked why Mr. Fine has the right to request anything from Council. Ms. Mikkelson said Fine's rights expired last summer. Gannett said Fine has no interests in the property and does not have the ability to obtain a clarification. Gannett said the only people who have the ability to ask for any change are the owners of the property and the person who has signed a contract to purchase the property. Councilman Isaac asked what the owners are requesting. Joe Edwards said the owners are requesting nothing. Gannett said if the owners are requesting nothing, then he has a sense of the record. Councilwoman Fallin moved to suspend the rules and extend the meeting for 10 more minutes to take care of item (m) ; seconded by Mayor Stirling. All in favor, with the exception of Councilman Gassman. Motion carried. RESOLU~'30AT-~ ~#$;-~ SERIES-~ OF- 1-9$-9 - Global Warming Mayor Stirling said he used the word styrofoam in the resolution, _ which is a brand name originated by the Dow chemical company for a particular product . Mayor Stirling recommended using another 17 Requia~ Meeting- - - _Ae:pe~n -City -Council - _ _ February 27-. 1-989 term for Styrofoam, like plastic foams containing fully halogenated chloroflurocarbons. Mike Lins, Dow Chemical Company, told Council most manufacturers are in the process or are changing over to non- fully halogenated chloroflurocarbons. Mayor Stirling moved to approve Resolution #5, Series of 1989, with the amendments to the word styrofoam where it appears; seconded by Councilwoman Fallin. Councilwoman Fallin asked if the product will be labeled so that people will know which ones are non-fully halogenated chlorofluro- carbons. Lins said they will not be labeled. Si Coleman suggested the resolution state "plastic foam products". Mayor Stirling requested staff put in the best wording to get the desired results. Lins told Council there is some work to have a chemical in these products which will make it dissolve. Lins said some of the plastic foam products can be recycled. All in favor, motion carried. Council adjourned the meeting at 9:20 p.m. Kathryn Koch, City Clerk 18