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HomeMy WebLinkAboutminutes.council.19900611Regular Meeting Aspen City Council June 11, 1990 PROCLAMATION - Recycle Month 1 PROCLAMATION - Flag Day 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 1 CONSENT CALENDAR 2 LIQUOR LICENSE AUTHORITY BUSINESS 3 ORDINANCE #32, SERIES OF 1990 - DePagter Annexation 3 ORDINANCE #33, SERIES OF 1990 - Merriam Lot Split 4 ORDINANCE #35, SERIES OF 1990 - Volk Vested Rights 4 ORDINANCE #36, SERIES OF 1990 - Historic Designation 200 S. Monarch 4 WATER PROJECT CONTRACTS 5 ORDINANCE ##40, SERIES OF 1990 - PUD Amendment Smuggler Mobile Home Park 6 ORDINANCE #41, SERIES OF 1990 - Gordon/Callahan Subdivision 8 ORDINANCE ##42, SERIES OF 1990 - .Appropriations 9 ORDINANCE #43, SERIES OF 1990 - Code Amendment Cottage Infill 10 ASPEN MOUNTAIN PUD SECTION M AMENDMENT 11 1010 UTE LEASE AGREEMENT . 13 RESOLUTION ##25, SERIES OF 1990 - PUD Golf Course Amendment 14 SCHEDULE BOARD INTERVIEWS 14 AUSTIN PROPERTY 14 16 Regular Meeting Aspen City Council June 11, 1990 Mayor Pro Tem Gassman called the meeting to order at 5:05 p.m. with Councilmembers Tuite, Peters and Pendleton present. PROCLAMATION - Recycle Month Mayor Pro Tem Gassman read the proclamation in which Council proclaimed June 1990 as Aspen recycling month and encouraged the support and participation of all citizens. PROCLAMATION - Flag Day Mayor Pro Tem Gassman read the proclamation in which Council proclaimed June 14th as Aspen's Flag day. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilwoman Pendleton announced that Friday, June 15 is Aspen' s town meeting. The meeting will be at 4 p . m. at the parking garage and will be done in conjunction with the opening of the parking garage. At the town meeting there will be the report and review of the goals. The meeting will break into small groups to amend, delete or add to the goals. There will be a Councilmember in each group as well as a facilitator. There will be a report from each group. There will be a barbecue afterwards. 2. Councilman Peters moved to add to the agenda as IX(j) the Austin property contract and the possibility of continuing the meeting; seconded by Councilwoman Pendleton. All in favor, motion carried. 3. Councilman Peters said the Snowbunny Lane residents have been requesting some type of traffic control due to the number of children in the area. They requested a speed bump; the streets department said these are too hard to plow around in the winter. Councilman Peters said the city should give some response to the residents. John Goodwin, police chief, said he is working on getting a neighborhood meeting together; this issue affects a lot of people and streets in the area. Council requested the police department get in contact with the neighborhood. Councilman Peters entered into the record a letter from Howie Mallory representing the neighborhood. 4. Mayor Pro Tem Gassman said he has noticed RFTA has put in benches at bus stops. Mayor Pro Tem Gassman said one thing that makes cities livable is places to sit around town. Mayor Pro Tem 1 Regular Meeting _ Aspen City Council June 11, 1990 Gassman requested staff bring up putting benches around town to the sidewalk and pedestrian group. 5. Mayor Pro Tem Gassman said he would like to schedule the Aspen Art Museum report as an information item at the next meeting. Carol O' Dowd, city manager, said the report was in Council' s packet and if there are any questions, she will schedule it for the next meeting. 6. Carol O'Dowd, city manager, told Council she will be attending the Colorado Municipal League meeting next week. There will be a housing workshop put on by Colorado Association of Ski Towns. 7. Carol O'Dowd, city manager, reported the design for the cafeteria on the Marolt project has some large venting structures on it. Staff will be looking at this to see if there is a more pleasing way to design the structure. 8. Carol O'Dowd, city manager, requested (g) Water project contracts be moved up so the applicant's counsel can be present. Council agreed to hear it first. 9. Carol O'Dowd, city manager, said the city attorney would like an executive session to discuss pending and potential litigation. Mayor Pro Tem Gassman moved to add (k) request for executive session to the agenda; seconded by Councilman Tuite. All in favor, motion carried. 10. Davis Farrar, town of Carbondale, told Council the Roaring Fork Valley Forum is trying to look at a regional solid waste master plan. The sub-committee has sent out RFPs to make recommen- dations on solid waste disposal and recycling options. The study is to analyze existing solid waste streams; where it is coming from and what is it composition, in preparation for a long term solid waste in the area. The second part is waste reduction strategies. The Roaring Fork Forum is asking local governments to sign a resolution of support and staff commitment and a financial commitment consisting of a contribution on pro rata share defined by population. Farrar said for Aspen's share, they took into account the seasonal population and averaged it out. Councilman Tuite objected to Aspen being the second largest contributor. Farrar told Council when people are on vacation they have 3 times as much garbage. CONSENT CALENDAR Councilman Tuite moved to approve the consent calendar; seconded by Councilwoman Pendleton. The consent calendar is: A. Hotel Jerome Encroachment License 2 Regular Meeting Aspen City Council June 11, 1990 B. Minutes - May 11, 14, 29, 1990 C. Recycling Resolution D. Aspen Rugby Club Vending Agreement All in favor, motion carried. LIQUOR LICENSE AUTHORITY BUSINESS Councilman Tuite moved to approve the special event permits for Aspen Theatre; Aspen Rugby Club; Mountain Rescue; seconded by Councilwoman Pendleton. All in favor, motion carried. Jed Caswall, city attorney, requested Council withdraw the liquor license renewal for O'Leary's. Caswall said he is not satisfied they have legal possession to al 1. the premises licensed, specifi- cally the deck. Caswall told Council there is time to deliver them notice and consider this at the next Council meeting. Councilman Tuite moved to approve the renewals for Takah Sushi, Home Plate, Aspen Art Museum; seconded by Mayor Pro Tem Gassman. All in favor, motion carried. Councilman Tuite moved to approve the liquor license transfer for the Hotel Jerome; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #32, SERIES OF 1990 - DePagter Annexation Jed Caswall, city attorney, told Council John Musick has been handling the water agreement, which is a pre-condition of annexa- tion. Caswall said the water agreement was based on the under- standing that a residence on the property built subsequent to the subdivision would be deed restricted and a waiver of water tap fees would be appropriate. Caswall told Council the applicants have been proceeding under the assumption that the house would not be deed restricted yet they would get the benefit of the waiver of the water tap. John Musick, city's water counsel, reminded Council the city Code requires all annexed properties connect onto the water system. There is a well serving the existing dwelling. It was anticipated both the existing house and the new unit would connect onto the water system. Musick told Council he was advised that the applicants do not wish to deed restrict the new unit to employee housing. Musick told Council if the home is ever sold as a non- deed restricted home, at that time the water tap fees would be due and payable. This is not inconsistent with the Code. Musick told Council this property is within 100 feet of the city water service. Councilman Peters said he recalls Council's discussion was that the DePagters would be able to keep their old house on the well until 3 Reaular Meeting Aspen City Council June 11, 1990 they sold it. Councilman Peters said he thought they were to be able to put the new house on the well until it was sold, also. Mayor Pro Tem Gassman suggested this be continued until the next Council meeting and that an agreement be worked out that allows delay on the hook up to the city. Caswall said the goal is to act in a uniform fashion without discrimination. Caswall suggested staff draft some policies and procedures that can be adopted by Council. Caswall said the agreement will delay the tap fees until the DePagters sell the home; connection onto the city water system will also be delayed. Council agreed. Mayor Pro Tem Gassman moved to continued the public hearing to June 25, 1990 seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #33, SERIES OF 1990 - Merriam Lot Split Kim Johnson, planning office, told Council this is for a lot split and lot line adjustment located on Roaring Fork road. Staff recommends approval with 4 conditions. The applicant has worked closely with ACES and has included a land dedication to ACES and has set aside a conservation easement to give an additional buffer to ACES. Mayor Pro Tem Gassman opened the public hearing. There-were no comments. Mayor Pro Tem Gassman closed the public hearing. Councilman Peters moved to adopt Ordinance ##33, Series of 1990, on second reading with the 4 conditions outlined by the planning office; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Tuite, yes; Mayor Pro Tem Gassman, yes. Motion carried. ORDINANCE #35, SERIES OF 1990 - Volk Vested Rights Mayor Pro Tem Gassman opened the public hearing. There were no comments. Mayor Pro Tem Gassman closed the public hearing. Councilman Tuite moved to adopt Ordinance #35, Series of 1990, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Tuite, yes; Peters, yes; Mayor Pro Tem Gassman, yes. Motion carried. ORDINANCE #36, SERIES OF 1990 - Historic Designation 200 S. Monarch Mayor Pro Tem Gassman opened the public hearing. Councilman Tuite moved to table Ordinance #36, Series of 1990, to July 9, 1990, at the request of the application; seconded by Councilman Peters. All in favor, motion carried. 4 Regular Meeting Aspen City Council June 11, 1990 WATER PROJECT CONTRACTS John Musick, city's water counsel, told Council staff and the Commissioner were questioned about precedent that would be burdensome on them in the approval of Maroon Creek Development Company. The county felt that nothing the city did would control what they did. Musick said on the capital question one is what is the lowest cost of line just to serve Aspen Buttermilk Associates. Musick said it would save about $40,000 to construct the utility just for ABA. The line being constructed to serve MCDC is the most efficient use of time and money. The second question is whether the city should continue to proceed with phase one when there is a possibility that the.old line under Highway 82 would still be there and still be unavailable for use because of its age. Musick said if phases one and two are constructed, most of the 82 line will be looped out and no longer needed to be relied upon. Musick said by phase one and two the city will have accomplished an entire looping of the old 82 line for about $1,900,000. The payments by MCDC and ABA are intended to recover about $1,500,000. This does not include contributions that will come from West Buttermilk development and their 34 units. Musick said if MCDC decides to back out of a phased purchased into the system and the city has spent about $550,000 is there is a source of revenue to recover that. Musick said the only source of revenue is connec- tions from the ABA and West Buttermilk homeowners. Projections by the water department are that there is approximately enough, money to meet that rebate requirement. Musick said there is no guarantee that ABA will hook on or that every resident will hook on. Councilman Peters asked if the storage tank is required for fire protection and will the city get themselves in a position where they will have to provide storage. Bob Gish, city engineer, said he has been assured there will be pumps in place to be adequate. Councilman Peters said when the project was first presented it was pointed out this was a way to get water to the Airport Business Center and have development pay for it. The argument was made that it was going to be a loop system to provide additional safety. Councilman Peters said in the absence of participation by MCDC, there is not a loop system but a dead end system. Musick agreed whenever there is a dead end line regardless of the redundancies built in, there is going to be a bubble. Musick pointed out Council is proceeding in the right direction at other people's expense to build the loop system that is needed for the airport. Councilman Peters said what was appealing about this proposal was that the city could acquire some water rights from Maroon Creek and provide for minimum streams flows and perhaps a hydropower out of those rights. Councilman Peters said these are not on the table 5 Regular Meeting Aspen City Council June 11, 1990 right now and he does not want to support the agreement without that element. Musick said this is something that MCDC and ABA will have to commit to. Councilman Peters said there is a value to those water rights that might offset the additional costs the city may have to put into the system. Musick said there are some things that need to be worked out with easements and water taps. Councilman Tuite said the minimum from MCDC is the water rights and the easements. Kevin Patrick, representing ABA, said they cannot wait much longer without having to put in their own system. Patrick said they would like to be able to approve the bids provided the easements can be obtained. Patrick said they have committed to giving the city their water rights. Mayor Pro Tem Gassman moved to award the contract contingent on executing the agreements as drafted with Maroon Creek and Aspen Buttermilk Associates; seconded by Councilwoman Pendleton. The agreements provide for the city getting all water rights from both parties, they do not provide any free taps. Councilman Peters said he would agree phased payment would be allowable if the water rights were part of the package. Mayor Pro Tem Gassman said he is assuming the water rights will be part of this agreement. Lacking these, the deal is off. Gish said Council is looking at 3 different water agreements; Red Mountain, Meadowood and Buttermilk. Councilman Tuite asked about the new four lane highway and this project. Musick said there may have to be financial contributions to the relocation of the water line based on interpretation of the easement. That has nothing to do with this discussion. The. highway department may take the position the city has already moved the water line and has liquidated their damages. Most of the line that is being constructed is outside the corridor of the right of way. All in favor, motion carried. ORDINANCE #40, SERIES OF 1990 - PUD Amendment Smuggler Mobile Home Park Councilman Tuite left the room due to a conflict of interest. Leslie Lamont, planning office, told Council in the last 10 years there have been various amendments for Smuggler.. The planning office has a recent policy not to do insubstantial amendments to PUDs . Staf f asked the Smuggler Mobile Home park to bring in a full picture of the park. Staff looked at the inconsistencies in the park. Ms. Lamont said this ordinance is an attempt to formalize everything in one document and get away from insubstantial amendments to the PUD. These amendments will reduce the height of a service building from 25 to 15 feet; height of residential units 6 Regular Meeting Aspen City Council June 11, 1990 will remains at 15 feet; minimum lot size reducing to 2400 square feet which will bring 70 percent of the lots into conformance. The front yard setbacks from the road curve to the front property 1 ine , there is an 8 foot limited common area reserved for parking and then the front yard starts. The rear yard setback is 5 feet. The sideyard setbacks always have one side yard as a 0 lot line. The second side yard minimum is 10 feet. The FAR is a minimum FAR of 2, 000 square feet with 500 square feet exempt for a garage or shed. This is typical of residential zone districts. Ms. Lamont. told Council many people have requested the ability to do basements. The residents want an overall floor area above and below grade of 2,000 square feet but in order to preserve the open space and views, for each square foot above grade equals 1 foot of floor area and for each square foot below grade equals 1/2 foot floor area. The parking remains the same. Ms. Lamont pointed out Smuggler has more strict parking regulations than the rest of the residential zone districts based on square footage rather than bedrooms. There shall be no accessory buildings built into the required setbacks. The P & Z voted unanimously to approve this. Brooke Peterson, representing the applicant, told Council the residents wanted an ordinance to contain clarifications of the building department's past policy which has been to allow basically stick built remodels to be made in the park as long the-floor and one wall remained. Peterson requested the ordinance contain language about remodels. Peterson said this is 100 percent deed restricted project and requested the city refund the fees paid to the planning office for the processing of this application. Peterson told Council a resident was also charged a $3,000 water tap fee and requested refunds of those fees as this is deed restricted project. Mayor Pro Tem Gassman moved to read Ordinance ##40, Series of 1990; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #40 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A PUD AMENDMENT FOR THE SMUGGLER MOBILE HOME PARK PLANNED UNIT DEVELOPMENT was read by the city clerk Councilman Peters moved to adopt Ordinance #40, Series of 1990, on first reading; seconded by Mayor Pro Tem Gassman. Mayor Pro Tem Gassman requested staff research the issues on tap fee waivers and planning fee waivers for second reading. Council- man Peters said this is becoming more than a mobile home park and it seems absurd to require people to maintain a wall o.f a mobile home. 7 Regular Meeting Aspen City Council June 11, 1990 Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Mayor Pro Tem Gassman, yes. Motion carried. ORDINANCE #41, SERIES OF 1990 - Gordon/Callahan Subdivision Leslie Lamont, planning office, told Council this is PUD/subdivis- ion review and lot line adjustment for four lots in the Gordon/Cal- lahan subdivision. The lot line adjustment only affects lot 9 of the Callahan subdivision and the Gordon parcel will be subdivided into lots 2A, 2B and 2C. The applicants are also requesting vested rights. Ms. Lamont reminded Council there. was a work session May 16th on this project. Ms. Lamont told Council by .second reading she and the applicant will pin down the exact FAR for each lot, which can be reflected in the ordinance. The lot line adjustment for lot 9 also amends the Callahan subdivision plat. Ms. Lamont pointed out the neighborhood advisory committee reviewed the plan and the .site and is recommending Council support the trail easement versus money for the bridge. The Riverside subdivision had a neighborhood meeting and have declined to support any effort for a trail. Staff is still recommending the bridge versus the trail. Kathy Welgos, resident of Riverside drive, told Council they are very concerned about the development and feel there was little regard from the developer about their existing neighborhood; the developer has built up to their back yards, have taken the highest points of the lots and built to the maximum height allowable. The privacy has been taken away. The access to the Aspen Club is also being taken away. Ms. Welgos said the Riverside neighborhood did not want a trail easement. going through the property ending up onto their streets. Ms. Welgos said the residents would like to see a green belt or open space on the bordering property line of the Callahan subdivision and Riverside drive. John Elmore, applicant, pointed out this property only borders on one lot of Riverside. This house is set way back from that lot. Elmore said the sub- division referred to is a different one. Mayor Pro Tem Gassman moved to read Ordinance #41, Series of 1990; seconded by Councilman Tuite. .All in favor, motion carried. ORDINANCE #41 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A FINAL PUD/SUBDIVISION, LOT LINE ADJUSTMENT AND VESTED RIGHTS LOT 9 OF THE CALLAHAN SUBDIVISION AND LOTS 2A, 2B AND 2C OF GORDON SUBDIVISION, ASPEN COLORADO was read by the city clerk 8 Regular Meeting _ Aspen City Council June 111 1990 Councilman Tuite moved to adopt Ordinance #41, Series of 1990, on first reading; seconded by Mayor Pro Tem Gassman. Councilman Peters brought up the TDR issue and asked what kind of discretion Council has in applying TDRs. Jed Caswall, city attorney, said he does not feel Council has any discretion in~this and has to accept them as presented. Caswall said there was no restriction on where or when those free market units could be utilized. Imposing conditions now would take substantial value away from the recipient or successors. Councilwoman Pendleton requested by second reading there be information on the trails and bridges, where the subdivision is located in relation to the lots and the other trails. Councilman Tuite said the applicant ,has been good about working with the neighbors to the north and the east. Councilman Tuite urged the applicant to meet with the Riverside subdivision before the public hearing. Elmore reiterated he does not border with any of~these houses. Roll call vote; Councilmembers Tuite, yes; Pendleton, yes; Peters, yes; Mayor Pro Tem Gassman, yes. Motion carried. ORDINANCE #42, SERIES OF 1990 = Appropriations Councilman Peters moved to read Ordinance #42, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #42 (Series of 1990) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $652,750; RECLASSIFYING PREVIOUSLY APPROVED REVENUES WITHIN THE GENERAL FUND $121,500; APPROPRIATING GENERAL FUND EXPENDITURES OF $553,350; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $17,500; RECOGNIZING LAND FUND REVENUES OF $50,000; APPROPRIATING TRANSPORTATION FUND EXPENDITURES OF $5,000; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $32,700; RECOGNIZ- ING GRADUATED REAL ESTATE TRANSFER TAX FUND REVENUES OF $1,600,000; APPROPRIATING GRADUATED REAL ESTATE TRANSFER TAX FUND EXPENDITURES OF $2,208,000; APPROPRIATING PARKING IMPROVEMENT CAPITAL PROJECT FUND EXPENDITURE OF $160,000; RECOGNIZING TRUSCOTT PLACE FUND REVENUES OF $573,730; APPROPRIATING TRUSCOTT PLACE FUND EXPENSES OF $615,865; TRANSFERRING $50,000 FROM THE TRUSCOTT PLACE FUND TO THE MAROLT FUND; RECOGNIZING MAROLT FUND REVENUE OF $6,292,000; APPROPRIATING MAROLT FUND EXPENSES OF $6,342,000; TRANSFERRING $160,000 FROM THE WATER FUND TO THE PARKING IMPROVEMENT CAPITAL PROJECT FUND was read by the city clerk 9 Reaular Meeting Aspen City Council June 11, 1990 Councilwoman Pendleton moved to adopt Ordinance #42, Series of 1990, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Tuite, yes; Mayor Pro Tem Gassman, yes. Motion carried. ORDINANCE #43, SERIES OF 1990 - Code Amendment Cottage Infill Leslie Lamont, planning office, told Council this ordinance is a proposed code amendment to implement the cottage Infill program. This is a spinoff from Ordinance #1, 1990, and is designed to enable someone to do a detached accessory dwelling unit combined with a single family home or duplex. It is recommended that this ADU be capped at 850 square feet. Staff is recommending a maximum 400 square foot bonus; if anyone goes beyond that it comes out of the allowable floor area for the main unit. This code amendment is proposed for all zone districts except MPH and R-15B. Ms. Lamont pointed out these will remain a conditional review by the P & Z. The code amendment will give P & Z the ability to vary dimensional requirements to facilitate these units in a compatible and efficient manner on site. The amendment varies front, side and rear yard setback and could extend the minimum distance between buildings on the lot. In the R-6 zone, the rear portion of an accessory building can only be 12 feet. This ordinance eliminates this for a detached ADU in order to have units above a garage. Ms. Lamont-said staff is relying on P & Z to be able to use special review criteria to find a unit is compatible and subordinate to the principle structure. Ms. Lamont said ADUs should not be used to meet growth management requirements as they would not be compatible with multi-family buildings. When a lot or site is historically designated or the lot is in a historic overlay zone, that project would also have to go through HPC, who will look at dimensional requirements. There will also be a conditional use review by P & Z. Ms. Lamont told Council P & Z had a lot of concerns but wanted to get the ordinance started. P & Z has requested a joint work session before second reading. Roxanne Eflin, planning office, told Council their concerns are primarily standards for review. They did not want to appear subjective. Ms. Eflin told Council one goal is to develop a handbook to guide people through the process and the architectural compatibility issues. Councilman Tuite asked why this is limited to 850 square feet. Ms. Eflin said this is one issue P & Z is concerned about. Ms. Eflin told Council this figure is derived from a typical one bedroom or small two-bedroom unit. Councilman Tuite said he is also concerned about eliminating the 12 foot height limit in the R-6 zone. Ms. Eflin said parking as a concern has come up often. Staff's idea 10 Regular Meeting Ashen City Council June 11, 1990 was to allow for a height variation, if necessary, so one could still have a garage on site. Councilwoman Pendleton said in this ordinance everything seems to be up to special review. Councilwoman Pendleton said this should be more compact or precise. Councilwoman Pendleton said she would like to see a rough draft of the guide book and more details before second reading. Councilman Peters said this was modeled after the carriage houses and is an attempt to allow P & Z to legitimize those types of uses. Councilman Peters said he office zone should be included in this code amendment. Council decided to have a work session July 16th at 5 p.m. and not have first reading until after the work session. ASPEN MOUNTAIN PUD SECTION M AMENDMENT Amy Margerum, planning director, told Council staff has been working with Hadid Aspen Holdings trying to tighten up the schedule for the remaining elements of the PUD. The dates will be included as a Section M amendment to the PUD, which does provide for the ability to amend the schedule. Ms. Margerum said the Top of Mill, ice rink/park and renovation of the Grand Aspen are included in the PUD; however, they have not gone through conceptual or final approval by the city. These parcels will require a full hearing process and an amendment to the PUD. These parcels will be subject to the applicable land use codes in effect at the time. Ms. Margerum told Council is was decided to keep these as firm dates because there is a method to amend the schedules. The deed restriction for lot 6 is incorporated by reference. The amendment also clarifies the definition of a building permit. This amendment reiterates the certificate of occupancy for the ice rink and park be granted prior to the c/o for the Ritz hotel. The applicant is concerned they may not have all the final landscaping and improvements, which have to be completed in the next .year. There is a provision which allows the applicant to secure the construction of the improvements and landscaping in an escrow fund equal to 125 percent of the estimated costs of the improvements. Attached is a letter from the applicant outlining periodic reviews of the entire PUD which are required in the PUD. Staff agreed to meet every 6 months to review the status of the PUD. The next meeting will be October 1, 1990. Staff will inform Council if there are problems or concerns regarding the overall PUD. Sandy Stuller told Council she used the record made on non-com- pliance hearings and tried to extract the disputes on how the PUD is interpreted in order not to repeat the uncertainties. There is another question, which is how does the city determine they are progressing well enough during the interim periods. Ms. Stuller said staff will get narratives with the construction schedules, and 11 Regular Meeting Aspen City Council June 11, 1990 the city engineer will do a walk through on the project, compare their progress with the construction and development schedules and report back to Council. Ms. Stuller told Council by executing this agreement, they are stating they will forego any enforcement based on the non-compliance found last November. Bob Hughes, representing the applicant, told Council they are dismissing a lawsuit. Hughes pointed out on the possibility of escrowing for completion of the ice rink would it be appropriate to state 125 percent of what it takes to complete the project as opposed to the whole project, something demonstrable the engineer- ing department can identify. Councilman Tuite asked why some of the dates are so far into the future. Hughes said this is driven by what the PUD agreement already says. Councilman Tuite pointed out the point of GMP was to give approvals, get projects built to see how they effect the city. There are approvals in this schedule for the next 7 years. Harvey told Council he met with staff and went through the land use code and GMP. The 5 year limitation on reconstruction credits and what is already spelled out in the PUD for 3 years after c/o on the Ritz for demolition of the Grand, and created this schedule. Councilman Tuite said he does not like the idea that there are still 6 to 7 more years of construction on this town left. Councilwoman Pendleton agreed and thought there was less than 2 years for demolition of the Grand Aspen. Ms. Stuller said there will be 3 different reviews going on. One is the 6 month review with the planning office; the second is the deadlines in the PUD agreement for each of the projects; the third requirement is that construction schedules be submitted to the building and engineering department to make sure the building department is ready to review the plans and so the engineering department can look at the construction logistics which will be received every 3 months. The engineering department will also walk through the project to verify where they are and report to Council . The applicants told Council they are on schedule. Ms. Margerum said staff recently received the final building permit application for the hotel, which is being reviewed. One issue is the concern about pedestrian access on the front of the hotel. The building department has requirements for emergency access dictating the retail being pushed internal to the hotel. Ms. Margerum said this has changed the street level character and staff is trying to work on an alternative to pull the retail back onto the street. Ms. Stuller told Council the cranes will be there through the entire development. 12 Regular Meeting Aspen City Council June 11, 1990 the mall and feeds the fountain at Mill and Hyman. Baker said lot 12 may have a fireplace violation of Ordinance 86-5. Baker told Council the lots that have been completed and landscaped have also taken care of adjacent city property. There are two lots along the ridge line that remain unlandscaped. Councilman Gassman moved to approve the 1010 Ute encroachment license; seconded by Councilman Peters. All in favor, motion carried. RESOLUTION #25, SERIES OF 1990 - PUD Golf Course Amendment Leslie Lamont, planning office, told Council this is an application to amend the golf course PUD to enlarge an existing maintenance facility. In 1986 the city proposed an enlargement of about 9,000 square feet; this is a 2, 000 square foot addition which is intended to serve as storage for fertilizer, chemicals and equipment. At P & Z there was a lot of concern from neighbors that the site had not been upgraded since 1986. In response, the applicant did an equipment identification and area location program attached to the resolution. This outlines what equipment will be stored where. in an attempt to keep this in the public record. Rich Coloumbe, golf course superintendent, told Council they currently only have a one-bay garage to service up to 50 pieces of equipment and between 14 and 60 employees. Coloumbe said the entryway will be widened from 18 to 30 feet and expand to a two- bay garage and have a chemical storage area. Five parking areas have been created. The equipment will be more hidden than before. They will plant vegetation. Coloumbe said these proposed changes will make the operation smoother and safer. Councilman Tuite moved to approve Resolution #25, Series of 1990; seconded by Councilwoman Pendleton. All in favor, motion carried. SCHEDULE BOARD INTERVIEWS City Clerk Kathryn Koch reported on P & Z and one on the Board of directed staff to advertise for deadline for HPC and the housing put on the July 9 agenda. there are two new vacancies; one Appeals and Adjustment. Council these vacancies and to extend the board. Council requested this be AUSTIN PROPERTY Dave Myler requested Council schedule a time to review and ratify the contract to purchase the Austin property. 14 Regular Meeting _ Aspen City Council June 11, 1990 Mayor Pro Tem Gassman asked what happens if this is not on schedule. Ms. Stuller said the city should initiate a non-com- pliance hearing. Councilman Peters urged Council' to incorporate some hard measure of compliance as this goes along. Councilman Peters said it has been his thought that the ice rink was to be a park and public space; there seems to be some attempt to preserve the potential for commercial use in the park. Ms. Margerum told Council staff has decided to leave that decision as part of the approval process for the ice rink/park. Councilman Peters dis- agreed with the finding of P & Z that food service is necessary for the site. Harvey reminded Council that the open space for the PUD was in excess of the underlying zoning. The intent of the ice rink is to create a community activity center. Ms. Stuller agreed that the uses will be approved through the land use process. Councilman Tuite asked if the applicants have extended the city's time line to commit the money for the mountain. Harvey said the applicants have agreed and the documents are out for signature right now. Harvey said the city requested two years and that is in the agreement. Ms. Margerum said the first report from the engineering department is due in July. Councilman Peters said linkage to compliance is missing. Councilman Peters said there has to be some overview whether or not the steps are being taken. Ms. Stuller said page 6 identifies that construction and development schedules are two different activities and states; "that in no event shall any action or failure to act by the city engineer, chief building official or any planning official constitute an extension, amend- ment or waiver of the development schedule herein provided for". Councilman Peters said he would like to know that the project is behind schedule as early as possible. Councilman Peters moved to approve the section M amendment to the first amended planned unit development subdivision agreement of the Aspen Mountain subdivision, with a change in wording on the escrow and completing the ice rink and park; seconded by Councilwoman Pendleton. All in favor, motion carried. 1010 UTE LEASE AGREEMENT Jed Caswall, city attorney, pointed out that by adopting this agreement, the city and the developer are closing the PUD. The staff has inspected the actual construction and compared it to the specifications and is satisfied construction meets the plan. Caswall opined the city has obtained everything they can in the agreement and encouraged Council to approve it. Tom Baker, planning office, told Council there are no substantial non-com- pliances issues. There are no issues with housing, engineering, fire and water. The parks department is concerned that future water consumption be monitored on site as the water goes through 13 Regular Meeting _ Aspen City Council June 11, 1990 Mayor Pro Tem Gassman moved to continue the meeting for the discussion of purchasing the Austin property to June 18th at 4:45 p.m.; seconded by Councilman Peters. All in favor, motion carried. Mayor Pro Tem Gassman moved to go into a brief executive session to discuss pending and proposed litigation; seconded by Councilman Peters. All in favor, motion carried. Council went into executive session at 8:40 p.m. Council recon- vened and adjourned the meeting at 9:00 p.m. ~ ~~ Kathryn Koch, City Clerk 15