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HomeMy WebLinkAboutminutes.council.19910528Regular Meeting Aspen City Council May 28, 1991 ORDINANCE #13, SERIES OF 1991 - Code Amendment Land Use Mayor Stirling said Council has an amended version of this ordinance deleting the original section 1, the new section 1 is open space zone in which the permitted and conditional uses have been amended; section 2 is wildlife preservation zone as amended; new section 3 which has to do with the final development plan of the SPA; new section 4 is exemption by Council with amendment from the first reading. Mayor Stirling reopened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Pendleton asked if fencing is a permitted use in the open space zone. Amy Margerum, planning director, told Council this should have been added as a permitted use. Councilman Gassman moved to adopt Ordinance #13, Series of 1991, on second reading as amended; seconded by Councilman Peters. Roll call vote; Councilmembers Pendleton, yes; Gassman, yes; Tuite, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #14, SERIES OF 1991 - Aspen Meadows Final SPA Mayor Stirling said a number 2 has been expanded in the findings to include "and the proposed land uses as approved herein below are deemed to be appropriate and allowable in their underlying zone district as authorized by an SPA overlay". Amy Margerum, planning director, reminded Council staff originally proposed some language in Ordinance #13 which would make it clear because of the SPA overlay, the uses proposed on the Meadows would be compatible and consistent with the underlying academic zone district. This language was deleted from Ordinance #13 and this finding was added to Ordinance #14 so it is clear to any financial institutions that it was Council's intent that the uses are deemed to be appropriate and allowable in their underlying zone district because there is an SPA overlay. Mayor Stirling opened the public hearing. Heather Tharp said on September 24, 1990, the AVIA sent a memorandum to Council outlining concerns about the commercial aspect of this application. Ms. Tharp requested Council include the recommendations of AVIA prior to approval. Mayor Stirling submitted the AVIA recommendation to the record. Jed Caswall, city attorney, pointed out the ordinance states, "staff approval of final plat". The confusion has been by making reference to "the city", people thought that meant the Council. 3 Regular Meeting Aspen City Council May 28, 1991 Ms. Margerum told Council Section 10 includes an easement around the race track area and states that exact trail locations would be approved by the planning director. The city would get "as built" easements conveyed after the trail construction. This allows staff more flexibility in where the trails will actually go. Kim Johnson, planning office, told Council staff and the applicants took a site visit to look at the 2 proposed trail alignments below the restaurant building and one below the health club. Ms. Johnson said at this point in the design process it is difficult to conclude the exact impact to the site and workability of the 2 trail alignments. Ms. Johnson said both areas would require steep switchbacks and would need to be signed to not allow bike riding on the trails. Whichever trail is chosen, it should be the most useable for citizens and visitors alike. Suzanne Jackson, Design Workshop, presented drawings of alignments. Ms. Jackson told Council the existing trail in the area of the health center goes down at a 14 to 17 percent grade. Trail standards are 6 to 8 percent grades. In order to access the existing trail, because of development of the health club, one would have to make a really long switchback which would necessitate cut and retaining of the landscape. Ms. Jackson showed drawings of a trail starting at a 6 percent grade. Ms. Jackson said the trail should be about 6 feet wide to minimize the cut. Mayor Stirling asked if the applicant is willing to give blanket trail easements for these two trails. Gideon Kaufman, representing the applicant, said the master plan shows a trail location and the applicants feel the trail proposed in the master plan has the advantages of being right along the river; instead of going through the campus, the trail get rights down to the conservation land and is generally superior to the other location. Councilman Gassman moved to locate the trail where it is shown in general on the master plan; seconded by Councilwoman Pendleton. Councilman Gassman said there are two issues; one is topographic, the other is the issue of running the trail through the campus. Councilman Gassman said he is sympathetic to not running the trail through the campus. Councilman Gassman said there is an issue of privacy for the Institute and their programs. Councilman Gassman said it would be difficult to get a trail from the health club to the river. It is very steep; switchbacks cause cuts in the landscape. The trail by the tennis townhouses would be less disruptive of the landscape and it may be able to be used by bicyclists. Councilwoman Pendleton agreed. Councilwoman Pendleton said it seems people would not want to go through the campus but rather go around it. Councilman Peters agreed about the location of the trail and stated he would like to give the designers of the trails 4 Regular Meeting Aspen City Council May 28, 1991 flexibility in order to disturb as little vegetation as possible. Mayor Stirling said the exact location of the trail should be worked out by the staff. Coming between the restaurant and the new tennis townhouses is the new location; the details to be worked out with staff. Councilman Peters suggested some parameters for the final trail location such as minimizing effect to the vegetation and topogra- phy. Mayor Stirling agreed he does not want to see an enormous cut on the hillside but that people can get to the river with as little damage to the ecosystem as possible. Charles Collins asked if this trail would meet the guidelines in the pedestrian plan. Ms. Johnson said staff is trying to get as shallow a grade as possible and to meet the grade requirements. Ms. Margerum said the pedestrian walkway guidelines are not binding but are general parameters. Collins asked if there will be a designated easement to a new bridge across to the Rio Grande trail. This trail easement is on the master plan. The motion reads, the final plat shall particularly note (1) an easement for a trail link around the race track trail to 7th street and around the race track and ( 2 ) the trail between the tennis town homes and the restaurant as depicted on the master plan. Exact trail locations must be approved by the planning director and an as built easement shall be executed and conveyed after trail construc- tion taking into account minimization of damage to vegetation and topography, allocating a secondary importance to maintaining a maximum grade. All in favor, motion carried. Condition #12 has ben reworded to convey all water rights, titles and interests to the city and the city will lease back to the developer interests to raw water for irrigation use within the development in an amount equal to that amount of water conveyed to the city. Larry Ballenger, water department, told Council he would like condition #11 to read, "there shall be no interconnections of non-treated water systems to potable water systems". The applicant had no problems with that language. Kaufman told Council the applicants and city's water counsel have reached agreement on #12, however, there is wording that is different from the traditional agreement. John Musick, city's water counsel, told Council the applicant will be conveying the water rights free and clear to the city. The city will lease those water rights back to the applicant. The applicant will pay the operation, maintenance and replacement costs in a pro rata basis with the other users of the ditch, who are the city and the forest service. The applicant will pay $100 for a carriage 5 Regular Meet__ina Aspen City Council May 28, 1991 costs charge. This is charged to all similar users of ditch rights by the city. The water rights leased back to the applicant will not be restricted by the normal 1 imitations in the city' s raw water lease, which are they can be interrupted in times of shortage of supply for minimum stream flow purposes or municipal water supply or hydroelectric. Those 3 provisions will be deleted from the lease at the applicant's request. Musick said the water right is sufficiently junior that by the time this water right would have had to have been curtailed for the above purposes, they would be well into all senior water rights owned by the city and above all minimum stream flow requirements. Musick said this is an unneces- sary restriction to the applicant and does no violence to the city. Musick proposed paragraph #12 to read, "Pursuant to Section 23- 53(g) of the Municipal Code, developer shall convey all rights, titles, easements and interests to the Si Johnson ditch and water right, water wells and all appurtenant water rights on the Aspen Meadows property to the city. The city shall in exchange lease back to the developer or its successors in interests raw water on those sources for irrigation use within the development in an amount equal to an amount of water conveyed to the city by managing all of the Si Johnson ditch water right owned by the city for delivery to the historic area of use. Developer shall pay to the city its pro rata share of O, M, and R plus $100 per year. The lease shall not be restricted by emergency needs of the city or municipal supplies, minimum stream flows or hydroelectric power development". Musick told Council Ballenger needs the ability to manage the entirety of the ditch at all times for all customers in the west end. Mayor Stirling moved to accept that language and rewording for #12; seconded by Councilman Tuite. Musick said this water right is very junior but is important to the city because the city owns a portion of the water right and bears all the costs of maintenance of the ditch by itself. By this agreement, they will be sharing in a portion of the O and R, which they have historically not done. Ballenger told Council he is working with the parks department to develop a plan to utilize all the city water rights in ditches for irrigation. All in favor, motion carried. Ballenger told Council on Section #13 staff recommends the language should read, "The developer shall install at its own costs the water distribution system for the development meeting no less than minimum design engineering materials and construction standards in the city for domestic, municipal and fire protection purposes and shall convey same to city upon completion, inspection and accep- tance by the city. The developer shall convey to the city a 6 Regular Meet_ina Aspen City Council May 28, 1991 permanent 20 foot easement extending 10 foot both sides of the center line to the newly constructed and of the newly constructed water line and a construction easement for an additional 5 feet on each side of the center line. Along with a similar 20 foot easement for the future installation of a connector main to the existing city main in Black Birch drive". Councilman Peters asked why these should be conveyed to the city when they are mostly on private property. Ballenger said with the connector to Black Birch, this will become a connector system serving the main core city system. Mayor Stirling asked if the applicant is prepared to pay for the loop into Black Birch. Kaufman said the applicants are not. Harvey said this has not been brought up and is not part of any of their financial calculations. Mayor Stirling moved to direct the staff to reword paragraph #13 to generally reflect Ballenger's comments; seconded by Councilman Gassman. All in favor, motion carried. Mayor Stirling said #14 has been reworded to reflect a decision by Council not to have any retention for storm drainage runoff in the environs of the Meadows. Mayor Stirling pointed out the old #19 was deleted. Mayor Stirling said this property has a great range of wildlife in its eco-system from deer to foxes and a great variety of birds. Mayor Stirling said turning this over to the director of ACES is not acceptable. Caswall pointed out the determination shall be made by the city in consultation with the ACES director. Ms. Johnson said in #24 staff felt expansion of flat grassy areas should be minimized. If the applicant were to consider an addition to Anderson park or some other open space, this would be considered an SPA amendment, requiring further review. Kaufman said the applicants feel going through an SPA amendment is a major production. One reason manicured areas is included as a permitted use in open space is it is an appropriate use on the Meadows. Kaufman said they would like the flexibility to be able to increase the gardens or open space rather than have the city consider what is appropriate for their gardens. Ms. Margerum said the focus of the plan has been to keep as much of the Meadows property in its natural vegetated state as possible. Mayor Stirling said the mounds are a great amenity to the academic campus. Council decided to leave #24 as written. Condition #28 is the condition about access to the property. David McLaughlin, Aspen Institute, said all of this effort has been to keep the Meadows for the purposes for which it is intended, whether they are educational or intellectual. McLaughlin pointed out the applicants are about to go through fund raising of about $18 million to make this a world class center. The status quo of this area is very important. McLaughlin said it is the intent of the applicants to keep the campus not as a park but as an intellectual 7 Regular Meeting Aspen City Council May 28, 1991 cultural center and one that is an attribute to the community. Kaufman said the applicants' commitment is that the status quo would be preserved. Kaufman said one big problem is who enforces the trespassing or SPA agreement on access. Kaufman said it should be left the way it is in terms of access. Kaufman said the applicant will be picking up the insurance. There are easements to Picnic park that are permanent and perpetual; there are easements around the campus. Kaufman asked that the status quo be preserved for the institutions and their particular use for this property. Robert Harth told Council the M.A.A. entered this process with the intent of maintaining the status quo. Si Coleman said this process has been based on the stipulation this is an essential public service being provided. Public access needs to be assured; there cannot be an essential public service without guaranteed access. Councilman Peters agreed this is the central reason for Council being involved in this, for buying the riparian area, for waiving employee housing mitigation. Councilman Peters said this community feels like it owns this property and has a right to join in. Councilman Peters said the original language proposed by the planning office is what should be in the ordinance . Councilman Gassman questioned what status quo means in this instance. Caswall said the property owner has allowed the public pretty much free use of this property and intends to continue this policy; however, the property owners can exercise their rights and exclude persons they do not want to be on the property. Mayor Stirling said he is prepared to see short term use of this property throughout the year; one reason is because of Council's determina- tion certain buildings are essential public buildings which has given the applicant relief from certain requirements. Mayor Stirling said he would like the language stated such that the public felt they had some stake in this and to tie it to essential public facilities. Kaufman said this is an academic campus where as a secondary use the public gets to be there. Councilman Peters reiterated the Institute is not going through GMQS; everyone else goes through GMQS. Council has deemed this is a public facility. Kaufman said this is not the library or the Courthouse; this is still private property. Kaufman said everyone can argue about what "reasonable" means. Kaufman suggested the language read "public pedestrian access, excluding buildings, will continue to be allowed, etc". Ms. Margerum said this is a good compromise. Councilman Peters moved that condition #28 be worded that public pedestrian access, excluding buildings, shall be allowed . subject to reasonable regulations as established by the owners thereon, etc. Motion DIES for lack of a second. 8 Regular Meeting Aspen City Council May 28, 1991 Mayor Stirling moved to amend #28 to read "public pedestrian access, excluding buildings, will continue to be allowed at reasonable hours subject to reasonable regulations as established by the owners .; seconded by Councilman Gassman. All in favor, with the exception of Councilman Peters. Motion carried. Ms. Margerum pointed out conditions 29, 30 and 31 have been added as a result of the HPC hearing last week. Roxanne Eflin, planning office said condition #29 regards paving and landscaping materials around the tent and rehearsal hall. HPC was concerned about too much use of asphalt. Condition #30 is that the developer shall submit exact specifications for the overhead doors to the rehearsal hall. Councilman Gassman said he has reservations about adding conditions to something Council and the applicant have been working on for years. Harry Teague said he thought these were to be covered by HPC rather than Council . Ms . Margerum said HPC does not approve projects by ordinance, which is why they were placed in this ordinance. The applicant will still be bound by these condi- tions as a result of final HPC review. Councilman Gassman moved to delete conditions 29, 30 and 31; seconded by Mayor Stirling. All in favor, motion carried. Councilman Peters moved to affirm the location of the lodging units; seconded by Councilwoman Pendleton. Mayor Stirling asked if building 7 invades the existing fox mounds. Fred Smith showed where the relocated dirt pile will be and showed a cross section of the buildings and the new mounds. All in favor, with the exception of Mayor Stirling. Motion carried. Councilman Gassman moved to locate the tennis townhouses where the existing parking lot is across from the tennis courts; seconded by Councilman Tuite. All in favor, motion carried. Councilman Gassman moved to approve the location of the new trustee houses; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilwoman Pendleton moved to locate the parking garage under- neath the tennis court; seconded by Councilman Tuite. All in favor, with the exception of Councilman Peters. Motion carried. Mayor Stirling said Sections 3 and 4 are findings. Section 5 deals with the new proposed Meadows Road. 9 Reqular Meeting Aspen City Council May 28, 1991 Ramona Markalunas said many residents are concerned with the process that was used leading to this final approval. The Council took the lead in the process to assist the developer and the consortium in arriving at a conceptual plan based on a contrived master plan. Many hearings were had and the public has endured long, long meetings at which they were allowed few chances to make comments. Questions about the access road were left to the final approval. Ms. Markalunas questioned putting a trail on an existing Meadows Road and replacing an existing trail on pristine open space with a new access road cut across the largest piece of open space in the community. Ms. Markalunas questioning getting smaller delivery trucks just for the Meadows. Ms. Markalunas asked if the new access road will meet the city street design standards. Ms. Markalunas said people will have difficulty maneuvering on the proposed Seventh street access with several driveways opening directly onto the street in a very short distance. Ms. Markalunas asked if the city has a plat showing the four residential lots, a plat showing the new location of the tennis courts and the new parking structure. Ms. Markalunas asked about a written traffic plan and is the developer committed and bonded to accomplish that traffic mitigation plan. Ms. Markalunas told Council many long time property owners have not been properly notified of the public hearings on this matter. Ms. Markalunas asked what the build out on this property is. Ms. Markalunas asked if the developers are financially capable of carrying through this development. Ms. Markalunas asked if the open space is dedicated and perpetually zoned open space or can it be amended for development. Ms. Markalunas asked if it is appropriate for a substandard access road in the midst of the only residential neighborhood the city really has. Ms. Markalunas requested Council get answers to some of these questions before they approve the final SPA. Charles Collins read a memorandum discussing the non-conformities of a certain lot on North street and questioning the design standards in the subdivision regulations. Collins showed the triangular parcel which has a house on the north side. Collins said the background of the properties on North street between Seventh and Eighth street is complicated with a long history of variances and requests to vacate North street. The alignment of the proposed Seventh street access road includes a three-way stop sign. The private parcel in question is zoned R-15 and is situated at the northeast corner of Eighth and North street. A 1986 variance was granted to build a residence on the non-conforming lot, which is approximately 6,756 square feet and to reduce the side yard setback along North street from 16'8" to 6'8". Collins said the applicant proposed to convey a part of the racetrack into this parcel to replace the area required for the road. This has several negative impacts. One is, it would push the access road further out by turning the property into another 10 Regular Meeting Aspen Citv Council Mav 28, 1991 one and one more subdivision parcel would be created. Collins said it was proposed by the applicant to have an easement granted across the property to the road, which under the present conditions would be a 40' easement. Collins told Council this was interpreted by the planning director as a step that does not create a new non- conforming lot. Collins said by definition an easement is "a property right given by the owner". Dedication of a public right- of-way generally applies a real transfer of property in fee simple whether it is in full conveyance or nit, it means signing away all rights and in this case, the land cannot be used by the owner. Collins said Section 3-101 states that the term subdivision includes land which is divided into separates interests. Section 9-101 does not allow non-conformities to be enlarged or expanded. Section 9-107 states no portion of a lot required as a building site shall be used as a site for another structure, in this case a road is structure. Section 9-107 also states that no entrance in a lot shall be conveyed to avoid, circumvent or subvert any provision of this chapter. Collins said the granting of an easement on this property is just that and any consideration for approval must go to the Board of Adjustment. Collins said another issue on the road has to do with meeting design standards as outlined in the subdivision section. The renewed standards for subdivision are extensive and specific and are an important part of planning and developing and encompass all underlying zone districts. Collins said when the new access road was proposed, it was evident that it violated many design standards for streets and related improvements, especially those that pertained to road safety and public heath. Collins told Council the planning office was notified of these discrepancies. The applicant requested the city amend the code a list of variations permitted in Section 7-804(d)(2) under SPA review. Collins told Council Sections 1-14 and 2-65 restrain the discretionary power of city officers and list the duties of the city engineer. Collins pointed out that setting variations on design standards including street improvements which affect road safety and public health is not permitted. Collins said the terms local and collector are defined in the code. Collins said it is evident that the new Seventh street access alignment provides for the distribution of traffic within the neighborhood and is a collector street. Collins said the purpose of street standards is to provide for road safety, avoid adverse environmental impacts and to demonstrate general reasonableness and suitability. Collins told Council Section 7-1004(c)(2)(b) states the development shall not be designed to create special patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public cost. This redundant and poorly designed access road does not meet these conditions. 11 Regular Meeting Aspen City Council May 28, 1991 Collins said the road comes to an intersection which has a grade of 7.7 which is almost double the 4 percent allowed in the street standards. The street has 3 curves without the required distance within the curves. The road will also have 4 driveways or curb cuts. Collins said this is not a good design and is certainly not safe. Collins said the code was amended to allow design changes to be incorporated in the variations listed under the SPA; however, the point in discussion is not within the SPA. The SPA line stops and there is no provision in the code for any official to change the standards spelled out in the code. Councilman Peters moved to reconsider the location of the new Seventh street access and reconsider Meadows road as the primary access to the Aspen Meadows; seconded by Mayor Stirling. Councilman Peters agreed the road is poorly designed, is redundant and is a waste of resources. Councilman Peters said this is an acquiescence to the wishes of a few property owners. Councilman Peters said there are a few property owners who will realize a windfall because their front yards are going to be extended by 30 to 60 feet. Mayor Stirling said both options were approved by Council in early 1990. The existing road and/or a new Seventh street was passed on to P & Z who brought it back conceptually to Council. Either option was available to Council. Mayor Stirling said objections come from a group on Eighth street that does not want the road there and another group on Seventh street that does not want the road there. Mayor Stirling said the essential issue is whether a new road is needed or not to gain access to the Meadows. Mayor Stirling said with all the traffic mitigation programs it does not seem necessary to put in a new road . This new road would take out thousands of square feet of the oval. Ms. Margerum told Council staff has responded to Collins in writing that staff does not consider his arguments valid that a road or an easement over a property does not increase the non-conformity of that property. John Schumacher noted the road issue was extensive- ly debated and discussed at P & Z with many hours of input from both sides. Schuhmacher encouraged Council to go forward with their original approval. Ann Ibbotson supported Collins and Councilman Peters. Jim Adams noted in a planning office memorandum of 1989 the staff said if the units at the Meadows were going to be short-termed, that Seventh street would definitely be the logical access. Perry Harvey said this access was approved by Council at conceptual review and by P & Z and conceptual and final review. The appli- cant's professional engineer has gone through the design and done studies that show that Seventh is the access that is the best for the community. John Schuhmacher said he feels the safety on Seventh can be worked out. With the new access to Main street into 12 Regular Meeting Aspen Cites Council May 28, 1991 town, Seventh street has been pointed out for years as the logical way to enter the Meadows. Jan Collins said planning staff has not responded to the issue that the road is not in the SPA. Ms. Margerum said the remainder of the road is within the city' s right- of-way and that's where the variations are. George Vicenzi said putting in a new road that parallels the existing right-of-way on North street is a waste of open space in the riding rink and it also pushes those houses that will be north of the road out. Vicenzi said it seems more logical to travel down Seventh, left on the existing right-of-way and continue either on the new road or down the old Meadows Road. This way there will not have to be a new road into the track and the new home sites will not be on the other side of the road. Ms. Markalunas said there will be at least 8 driveways on the short stretch of Seventh Street extended. The driveways will be among the trees and probably kill the trees . Ms . Markalunas said this road is not for the community' s benefit ; it is totally for the benefit of the development, Kaufman said the location of the road was decided by Council at conceptual and also by P & Z. Kaufman said Council took a lot of things into account when they chose the location of the road. This was not an arbitrary act; they looked at the impacts on Eighth street, Seventh street, and all the studies that have been done. There was testimony from a professional engineer saying the road is safely designed. When Council talked about varying standards for the subdivision, they never discussed compromising safety. The road preserves needs for aesthetics and for community appeal and also for safety. Kaufman said this has been a long process full of public hearing and was a process Council undertook. There was a master plan, the applicants have complied with that master plan. It would be inappropriate at this late date to go back and change because the applications have established the road is safe and it works in this location. Councilman Gassman said concerns of Councilman Peters and Mayor Stirling and the public are valid and important, but they are not new. Councilman Gassman said Council had all this information when they made the original decision. Councilman Gassman said he has not heard anything to make him change his mind. All opposed, with the exception of Councilman Peters and Mayor Stirling. Motion NOT carried. Ms. Margerum pointed out there was a change in #2. When the condition was written there was a parcel of land between the old Meadows road and the new Meadows road, which would have remained in private ownership. Since that time, the applicants have indicated they will give all this land to the city for the right-of-way for the new road. There will not be any private land between the old and new Meadows road. The legal access is not needed any more. Harvey said it is their intention the old and new easements be 13 Regular Meeting Aspen City Council May 28, 1991 contiguous. Harvey said if this cannot be done, they will grant whatever easements are necessary. Council agreed to leave #2 in reworded about the trail vacation. Harvey said in #7 the applicants wanted the final sentence to read that "in the event an actual site or unforeseen technical consider- ation require a variation from utility alignments on the plat, that the actual utility location corridors will be inspected and approved by the city engineer and planning director prior to the issuance of an excavation permit". This means they are approved as on the plat. The applicants would like some assurance that small variations can be handled by the staff. Ms. Margerum said the existing language says staff will see the exact utility corridors prior to them being put in. If there are some problems on site, they will be brought to staff's attention. If the last sentence is removed, staff will only be called if there is a problem. Council agreed to the way it is written. Harvey asked that #9 be deleted in its entirety after last week's action on storm water. Council agreed. Harvey said at the end of #13, the language decided by P & Z should read "the least disrup- tive method should be identified and employed". Ms. Margerum said it is fine to change it back to the P & Z final resolution. Kaufman requested a finding be put back in the ordinance that the new Meadows road is a local street. This finding was originally placed in the record. Councilman Gassman moved to designate Seventh street as a local street rather than a collector; seconded by Councilwoman Pendleton. Charles Collins read the definitions of a local and collector street. Collins said Seventh street must be a collector street because of the definition. Mayor Stirling said a local street dead ends in an area, which is what this street does. All in favor, motion carried. Ramona Markalunas pointed out this street is carrying commercial traffic to the Meadows. Harvey showed a map of the home sites and the driveway locations. Harvey told Council staff has recommended for lot 10 the driveway be on the west side. Harvey said it may be better for this to be on the east side. Harvey pointed out there is a drop into the property and it may be safer for the driveway to be on the east side. Council agreed to take condition #17 out. Ms. Margerum said on #18, staff had a concern with the amount of time allowed for the applicants to record the final plat. The Code allows 180 days following the adoption of the ordinance. There is 14 Regular Meeting Aspen City Council May 28, 1991 language in the agreement between the applicant and the city regarding the purchase of the conservation land which binds the applicant to record the final plat in order to receive money for the land. Ms. Margerum said this is probably enough incentive for the applicant to get the final plat recorded. Council agreed. Section 6 are findings under the growth management quota system. New language added is "no GMQS residential scoring and considered reflected the waiver of the 6 month minimum lease requirement as set forth in the applicable regulations". Ms. Margerum said if Council wants to waive the 6 month minimum lease requirement, which is allowed in SPA, that Council make a f finding when the project was scored under residential GMQS, they were aware of the 6 month minimum lease waiver. Councilman Peters said he would agree with this if it is for the benefit of the Institute and other non- profits. Ms. Margerum said this has been an element of the master plan and conceptual SPA throughout the process. Mayor Stirling moved to accept this finding; seconded by Council- woman Pendleton. All in favor, with the exception of Councilman Peters. Motion carried. Mayor Stirling said section 7 is where Council is going to discuss the 6 residential allocations for 1990 and the 8 residential allocations for the future. Mayor Stirling asked if there is agreement for the 6 allocations in 1990 and for making a future allocation of the 8 units. Council agreed. Section 8 is findings regarding the essential public facilities, the new tennis courts, rehearsal facility, renovated lodge and administration building. George Vicenzi said the discussion last week of a year round rehearsal performance hall with no limitation is contrary to the initial public hearings on the master plan. Vicenzi said it is reasonable to limit the use of the performance center; this is an SPA process, it is not a commercial zone and special conditions can be placed on approval. Vicenzi said this is the largest commercial operation being expanded in the Meadows area. The commercial operation is right in the middle of a residential area. Vicenzi said the M.A.A. committed to plowing the parking lot if there are going to be winter performances, and this should be part of the agreement. Vicenzi said the residents are also concerned about conference use of the property. There should be some limitation put on the use of the rehearsal facility. Connie Harvey asked what is to keep institutions from selling out and moving. Ms. Harvey said the city has given a lot in conces- sions to try and keep the organizations. Kaufman told Council there will be rights of first refusal among the other non-profit organizations if one wishes to sell. There would also be amend- ments to the SPA if uses are changed. Councilman Peters said it is 15 Regular Meeting Aspen City Council May 28, 1991 late in the process to limit year-round use. Councilman Peters pointed out when the rehearsal facility was first proposed, it was proposed as a non-insulated summer-only facility. Councilman Peters said he would like to see more definition about how the facility will be used for the benefit of the community. Mayor Stirling moved to add a condition to #2, "As needed, the M.A.A. would be required to plow the parking lot to help insure the parking lot does not spill over onto the neighborhood streets"; seconded by Councilman Gassman. All in favor, motion carried. Section 9 is a series of GMQS exemptions and specifying what is being granted. Harvey said this does not reference the reconfigu- ration of the seating in the music tent to add additional 400 seats. Ms. Margerum said this not new square footage. Council requested this say "backstage" tent expansion. Mayor Stirling moved to suspend the rules and continue to 10:30 p.m.; seconded by Councilman Tuite. All in favor, with the exception of Councilmembers Gassman. Motion carried. Harvey said in Section 10 the applicants would like to see as one of the findings that it is appropriate to apply zoning to the property because there is no current zoning. Ms. Margerum said she does not feel this is necessary or appropriate. No comments on section #11. Charles Collins brought up variations from subdivi- sion. The text amendments pertain to design standards and not to subdivision approval requirements. Caswall said the reason for the addition of the word subdivision, the SPA allows variations in uses and the 6 month minimum deed restriction is in the subdivision section of the code. This is put in to clarify there is variation being granted in the subdivision condition. Harvey said there has been concern that the four single family units blend into the west end and that there not be a wall of buildings. The curving nature of the road makes the lots vary so they are not on a straight grid pattern. The sideyard setbacks have been varied to create a see through. HPC was concerned that a building wall not be created. Harvey said they do not want to bring the buildings closer to the road. Harvey noted that 25 feet of setback is about adequate for turning ratio. Ms. Margerum said the reason they are sited where they are is to have less intrusion on the race track area. Mayor Stirling said the curvature of the road is sufficient to give the lots variation. Joe Wells brought up the two RMF parcels and the applicants tried to minimize the boundaries of the lots so that as much remains in academic as possible. The property line will be very close to the back of the covered parking structures and may require a 15 foot setback. Wells requested a variation to have the property line 16 Regular Meeting Aspen City Council May 28, 1991 within 5 feet of the structures in order to minimize the amount of land within the RMF zoning. On lots 5 and 6, there is more than 35 percent open space on this parcel it does not technically comply with the definition of open space. There is no public right-of-way for this land to be visible from, so the parcels cannot meet the definition. Ms. Margerum said if this is all right, it will be added as a condition. A. J. Zabbia told Council they prefer only showing existing easements on the plat, most utilities will not be in the ground by the time the plat is recorded. It will also prevent confusion of having the easement change after the plat is recorded. Section 14 is findings for the condominium component. Section 15 is findings regarding 6 month rental restrictions. Section 16, 17 and 18 are general comments. Section 19 contains the issue of vested rights which follows the state statutes. Harvey said on the single family homesites, there is only 3 years from the date of this approval. Harvey said an applicant is allowed to ask for an exemption if the conditions that apply to the project have been met and that any public and private improvements required have been installed. Harvey said not all these houses will be built in 3 years; no other subdivision has requirements on when houses have to be built on subdivided single family homesites. Harvey said he would either like a permanent existence granted to the single family lots or to work with staff and make a finding that if the new access road and utilities that apply to those lots are installed, that the conditions have been met. Ms. Margerum said all development in the city is treated under the vested rights. Caswall pointed out there is some conflict between the state statues and the city's land use code. Caswall suggested the city follow the state statutes allowing local governments to enter development agreements providing that property rights shall be vested for a period exceeding 3 years where warranted due to circumstances. Council agreed Harvey can work with staff on an agreement for the time. Mayor Stirling moved to direct the planning office and attorney to work with the applicant to clarify this to the satisfaction of both; seconded by Councilwoman Pendleton. Kaufman said the non-profits will be doing their best to raise the monies for their improvements in the 3 years. If this is not possible, they may have to come in and ask for an extension. All in favor, motion carried. Councilman Gassman moved to approve Ordinance #14, Series of 1991, as amended with the amendments to be reviewed by Council at the next meeting; seconded by Councilwoman Pendleton. Roll call vote; 17 Regular Meeting Aspen City Council May 28, 1991 Councilmembers Pendleton, yes; Tuite, yes; Peters, no; Gassman, yes; Mayor Stirling, yes. Motion carried. Councilman Tuite moved to table Ordinance #20, Series of 1991, Messiah Lutheran Church GMQS Exemption and Vested Right; Ordinance 21, 1991 - Christiana Lodge GMQS Exemption; Ord.# 22, 1991 Square Footage Code Amendment; Ord.# 23, 1991 - Pitkin County Bank Vested Rights to the new Council section of the agenda; seconded by Councilman Peters. All in favor, motion carried. Councilman Tuite moved Final PUD, Rezoning; umization; Ordinance 8 Ord. 10, 1991 - 1001 Parking Permits; Ord. first part of the ages favor, motion carried. to table Ord. 6, 1991 - Holden/Marolt Museum Ord. 7, 1991 - Whitcomb Duplex Condomini- 1991 - 1000 East Hopkins Subdivision & PUD; Ute Subdivision Final PUD; Ord. 12, 1991 - 16, 1991 - Revision Bicycle Auction to the ida; seconded by Councilman Peters. All in ORDINANCE #18, SERIES OF 1991 - Institutional Controls Smuggler Superfund Site Councilman Peters moved to read Ordinance #18, Series of 1991; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #18 (Series of 1991) AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN RELATING TO THE MUNICIPAL BUILDING CODE BY ADDING REGULATIONS AND PERMITTING PROCEDURE FOR EXCAVATIONS AND DEVELOPMENT IN THE SMUGGLER MOUNTAIN HAZARDOUS WASTE SYSTEM was read by the city clerk Councilwoman Pendleton left the Chambers dues to a conflict of interest. Councilman Tuite moved to adopt Ordinance ##18, Series of 1991, on first reading; seconded by Councilman Gassman. Councilman Peters said the issues that will induce him to vote for this are the consent decrees and whether or not these are a viable tool for the homeowners. Councilman Peters said before this is finally passed, Council ought to know exactly how they are going to monitor and demand compliance with the plan for controlling toxins and dust. Councilman Peters said this clean up project has not gotten off to a good start. Councilman Tuite said the city has a right to throw the institutional controls out, then all agreements are off. 18 Regular Meeting Aspen City Council May 28, 1991 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 1 CONSENT CALENDAR 2 ORDINANCE #13, SERIES OF 1991 - Code Amendment Land Use 3 ORDINANCE #14, SERIES OF 1991 - Aspen Meadows Final SPA 3 ORDINANCE #18, SERIES OF 1991 - Institutional Controls Smuggler Superfund Site 18 ORDINANCE #17, SERIES OF 1991 - Tagert Lot Split Amendment 19 SCHEDULE BOARD INTERVIEWS 19 ORDINANCE #19, SERIES OF 1991 - RFTA IGA Agreement 20 REQUEST FOR FUNDS - Aspen Child Care Center 20 REQUEST FOR FUNDS - Early Learning Center 20 REQUEST FOR FUNDS - City Attorney 21 22 Regular Meeting Aspen City Council May 28, 1991 Mayor Stirling called the meeting to order at 5:07 p.m. with Councilmembers Gassman, Pendleton, Peters and Tuite present. CITIZEN COMMENTS 1. Lil Lively requested that the Air Show request be taken off the consent calendar. Ms. Lively said the request includes flying flags to honor American soldiers and she would like to discuss this. Mayor Stirling moved to remove the Air Show request from the consent calendar and put this on the June 10 agenda; seconded by Councilman Peters. All in favor, motion carried. Assistant City Manager Bill Efting told Council he will get more information for this agenda. 2. Dan Blankenship, general manager of RFTA, requested Council add Ordinance #19 for a first reading. This ordinance ratifies the intergovernmental agreement for transit with the town of Carbon- dale. Mayor Stirling moved to add Ordinance #19, Series of 1991, to the agenda as IX(d); seconded by Councilman Tuite. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Peters commended the police department for manning the school crossing on Main street. Councilman Peters said this is good policy and will increase safety and slowing down of cars. Councilman Peters moved to request the city manager and police department come back to Council with some recommendations on how to make the town more safe for pedestrians and bicycle including increased patrols, radar traps, lowering speed limits by no later than June 24; seconded by Councilman Tuite. All in favor, motion carried. 2. Councilman Peters said he received a compliment from a citizen about the phone that was installed in Herron park. Councilman Peters suggested installing phones in parks that have a high risk and that do not have phones. 3. Councilwoman Pendleton announced the second annual town meeting will by Friday June 7th at the parking garage plaza. Councilwoman Pendleton said the planning director will do an update on the area comprehensive plan at 4:30. The town meeting will start at 5 p.m. 1 Regular Meeting Aspen Cty Council May 28, 1991 4. Councilwoman Pendleton brought up the joint meeting with the Commissioners on the EPA. Councilwoman Pendleton said she feels frustrated on this issue and has drafted a letter to Director of Hazardous Waste Management Division. Councilwoman Pendleton said the letter requests there be an on-site EPA person to answer questions. Councilman Peters agreed the EPA should be communicat- ing with the community more effectively. Councilman Peters suggested the city and county consider hiring someone to monitor compliance with the record of decision with regard to monitoring air quality, controlling dust on site, exposure to citizens, etc. Mayor Stirling moved to direct the city manager and attorney to work with Councilmembers Peters and Pendleton on a redraft of this letter and send it to the BOCC for reviews; seconded by Councilman Peters. All in favor, motion carried. 5. Councilman Tuite said on the 500 block of East Cooper Avenue there is a truck loading zone right in the middle of the block. The rest of the truck loading zones start at a corner and work towards the block. Councilman Tuite requested the city manager look into this. 6. Mayor Stirling noted the joint housing authority appointment be made under IX(d). 7. Mayor Stirling announced the Aspen Mountain Lodge continued meeting May 29 at 5 p.m. 8. Mayor Stirling said there is a transportation symposium organized by the city manager and ACRA which will be held May 30th at 9 a.m. 9. Mayor Stirling said on the request for funds child care, early learning center and city attorney total $25, 000 which will take the contingency below $40,000 for the rest of the year. Mayor Stirling asked to take these off the consent calendar to discuss the funding source. Council agreed. 10. Mayor Stirling thanked to the city manager and staff for the surprise reception held at Wheeler last week. CONSENT CALENDAR Councilman Tuite moved to approve the consent calendar as amended; seconded by Councilman Peters. The consent calendar is: A. Hotel Jerome Extension Recordation Deadline B. Special Event - Air Show Request All in favor, motion carried. 2 Regular Meeting Aspen Citv Council Mav 28, 1991 Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. Councilwoman Pendleton presented a letter to the EPA. Councilman Tuite agreed to champion this with the Commissioners. The request is to have someone monitor the project. Councilwoman Pendleton said this is an EPA project and an EPA representative should be here monitoring the project. Councilman Tuite said to do every- thing Councilwoman Pendleton wants would take several people on site. Councilman Peters suggested he and Councilwoman Pendleton look at this letter and decide how the city can best be served. Mayor Stirling moved that Councilmembers Pendleton and Peters work together and follow up with staff, report back at the public hearing; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #17, SERIES OF 1991 - Tagert Lot Split Amendment Councilman Gassman moved to read Ordinance $#17, Series of 1991; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE ## 17 (Series of 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE FIRST AMENDMENT TO THE TAGERT LOT SPLIT PLAT WHICH ADDS AN ACCESS EASEMENT, REVISES PLAT NOTE NO . 4 AND ADDS NOTES 5 , 6 AND 7 was read by the city clerk Kim Johnson, planning office, said this is an attempt to clarify notes on the plat regarding building envelopes and what can and cannot go on the building envelopes on these lots and to re- establish an easement for the benefit of lot 2. Councilman Gassman moved to adopt Ordinance #17, Series of 1991, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. SCHEDULE BOARD INTERVIEWS Council scheduled these interviews for June 3 at 5 p.m. for 2-1/2 hours. Councilman Peters suggested Council look at the joint housing applicants again at that time. 19 Regular Meeting Aspen City Council May 28, 1991 ORDINANCE #19, SERIES OF 1991 - RFTA IGA Agreement Councilwoman Pendleton moved to read Ordinance #19, Series of 1991; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #19 (Series of 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE INTERGOVERNMENTAL AGREEMENT FOR TRANSIT SERVICES BETWEEN THE ROARING FORK TRANSIT AGENCY AND THE TOWN OF CARBONDALE AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, AND ACKNOWLEDGING AND DEFERRING TO PITKIN COUNTY'S REGULATORY AUTHORITY PURSUANT TO SECTION 30-11- 101(1) (F) , COLORADO REVISED STATUTES , TO ESTABLISH FEES , RATES AND CHARGES OUTSIDE THE BOUNDARY OF THE CITY OF ASPEN, AND TO RECEIVE CONTRIBUTIONS AND OTHER SUPPORT FROM PUBLIC ENTITIES TO DEFRAY THE COSTS OF OPERATING THE ROARING FORK TRANSIT AGENCY AND ITS MASS TRANSIT SYSTEM was read by the city clerk Councilman Peters moved to adopt Ordinance #19, Series of 1991, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Pendleton, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. REQUEST FOR FUNDS - Aspen Child Care Center This is a request for $5, 000 from the contingency fund. David told Council certain grants they were expecting did not come through because of the shifting emphasis to the early learning center. David said they have tried to upgrade their program and cut down on teacher turnover. Council asked if this money can come from the housing/daycare sales tax fund. Dallas Everhart, budget manager, said it can. Mayor Stirling moved to grant $5,000 from the .45 sales tax housing/daycare fund per the request from the Aspen Child Care Center; seconded by Councilman Tuite. All in favor, motion carried. REQUEST FOR FUNDS - Early Learning Center Mayor Stirling said this request for $159,000 can also come from the housing/day care sale tax. Mayor Stirling said there is a lot of reliance on funding that may or may not be available or been committed to. Councilman Peters said the Early Learning center has hired a director and has been writing grants. This is a new 20 Regular Meeting Aspen City Council May 28, 1991 enterprise and it takes awhile to put the funding together. The in-town school sites committee has designated the yellow brick building as a day care center. This designation will go a long way toward preserving the building for community uses. This day care center will operate 7 days a week during the high seasons and 10.5 hours a day. Mayor Stirling said the entire budget is $524, 000 and a lot of this still has to be raised. Councilwoman Pendleton moved to grant the request of $159,500 to the Early Learning Center from the .45 sales tax fund; seconded by Councilman Peters. All in favor, motion carried. REQUEST FOR FUNDS - City Attorney Councilman Gassman said this request should be funded from somewhere else other than contingency. Dallas Everhart, budget director, suggested is come from fund balance. Councilman Gassman moved to approve the request for additional attorney's expenses of $20,000 from fund balance; seconded by Councilwoman Pendleton. All in favor, motion carried. Council adjourned at 10:20 p.m. Z4-~ Kathryn S Koch, City Clerk 21 Continued Meeting Aspen City Council May 29,_1991 Mayor Stirling called the meeting to order at 5:10 p.m. with Councilmembers Tuite, Pendleton, Gassman and Peters present. ASPEN MOUNTAIN LODGE SECTION M AMENDMENT Jed Caswall, city attorney, stated the public hearing on this matter was closed last week. Council made a f finding on petition of the applicant for an extension of time in their construction schedule; Council determined sufficient evidence was produced to show by preponderance that delays have been caused in the construc- tion schedule and that those delays were caused by reasons beyond the control of the applicant. Council directed staff to draft an order reflecting the evidence as presented and the findings granting the extension and what conditions would be appropriate for that extension. Caswall said if Council adopts this ordinance, the extension will be granted; however, the PUD will have to be amended by formal document and ratified by ordinance. The findings are in the first 4 pages of the order prepared by Caswall. The applicant gave Council two issues they felt were beyond their control. Council has found that the Gulf war and its resulting impact on the currency in Saudi Arabia adversely affected their ability to finance construction activities. Mayor Stirling said paragraph 6 states the applicant was not able to demonstrate by preponderance of the evidence that general economic or reces- sionary conditions have caused delays in the construction activi- ties. Mayor Stirling said he agrees with the findings. Councilman Peters said although the Persian Gulf war is sufficient reason for causing delays of this project up to this point, this application for an extension and resolution of the war will cease to be an argument for any further extensions. Councilman Peters noted the applicant has presented Council with a target completion date. Bob Hughes, representing the applicant, said finding #5 about the Persian Gulf said it was incumbent upon the applicants to come forward with reasons beyond their control for the delay, and finding #6 is not necessary. Council decided not to delete #6. Hughes said he has the same comment about #7; it is not necessary to the proceedings and it should also be deleted. Sarpa said the applicants did not ask for this to be a reason in the hearing. Hughes pointed out the applicants gave two reasons for the delay; the Persian Gulf war and economic recession. The partner's dispute was not a reason for grounds for extension. Council decided not to delete #7. John Sarpa, representing Savanah Ltd., said Council has asked the situation of the partnership. The partners are making progress in their talks and are coming in together in the hopes a solution can be worked out. Aziz, representing one of the partners, agreed with the comments. 1 - Continued Meeting Aspen City Council May 29, 1991 Councilman Gassman asked what happened to the recommendation from staff that there be a 6 month extension with an additional 6 months if various conditions are met. Amy Margerum, planning director, said if the 6 month/6 month approach is eliminated, the city will rely on the specific deadlines in the conditions of approval. If any condition is not met, the extension is off. The conditions are very important and should be adhered to. If they are not, staff will institute a hearing, assuming that the applicants are in non- compliance. Caswall said the applicant preferred a 1 year extension as opposed to 6 month/6 month. Council was concerned that the city not just grant an extension and then sit and wait for 12 months. Caswall told Council staff took alternative #5 and tried to meld the two concerns together. This proposes granting a 1 year extension. Throughout the extension there are milestones, each one must be satisfactorily complied with if the extension of 1 year is to remain in effect. If any of the conditions are breached, that would constitute a violation of this agreement and the conditions of the extension and would constitute non-compliance with the overall PUD agreement. This agreement gives Savanah a 1 year extension but is performance driven. Diane Moore, planning office, noted these conditions do not permit the applicants to waiver. Councilman Peters said he is concerned about the appearance of the Blue Spruce. Councilman Peters said there is a lodge next door and it is very important that the entrance to the construction site be cleaned up and made to look attractive. Sarpa told Council the applicants are in close contact with the adjacent property owner on a number of issues. The applicants have tried to make sure what they are doing on the site has minimum impact on the guests of the Mountain Chalet. Councilman Peters said he would like the applicants to make the Blue Spruce site look at good as possible. Caswall said he can add to the conditions that the fence shall be maintained with screening. Councilman Peters said the rezoning for the ice rink and park should have been initiated in April of 1989 and is 2 years late. Councilman Peters said he would like to see a bond from the applicants for the improvements to the ice rink and park as well as the other assurances. This bond should be posted against the rezoning. Last year the applicants offered to bond for the improvements. Councilman Peters said the rezoning will take some time and he would like the bond as a quid pro quo. Sarpa told Council the applicants have analyzed the ice rink; it is not an easy task to put together an ice rink that makes economic sense. Sarpa said they will apply for the ice rink rezoning by August 15th. Sarpa said the applicants are willing to obligate themselves to dates as long as they feel they can realistically meet them. Sarpa requested the date in condition #8 be amended from July 1 to August 15th. Sarpa said the applicants have worked hard with the 2 Continued Meeting Aspen City Council May 29, 1991 city to understand what bonding or costs are being required. Sarpa said a completion bond is an extra cost. Councilwoman Pendleton said she gets nervous as the dates keep changing farther in the future. Hughes pointed out that September 23 is when the applicants feel they can get the information ready for submission on the ice rink and park. It would make sense to present this with the rezoning as a package. Hughes noted August 15th is the date in the code for private rezoning. Councilwoman Pendleton said she would like some reassurance that this process is going to work. Councilwoman Pendleton said she does not like seeing the dates put back to September. Sarpa reiterated the`walk applicants want dates they can live by and realistically meet. Ms. Margerum told Council staff can initiate the rezoning and do the work. Ms. Margerum recommended the date be kept as in the agreement. If the applicants cannot meet this date, the city can initiate the rezoning. Councilman Gassman agreed if dates are going to be fixed in this document, everyone should agree they are realistic to remove future disputes. Ms. Margerum said staff is concerned the longer the rezoning is delayed, the more chance the applicants may walk away from the project and leave the rezoning unfinished. Hughes said September 23 makes the most sense as the development and rezoning applicant can be looked at together. Sarpa reminded Council the ice rink and park was a major item of the previous negotiations, and the applicants remain committed to the ice rink and park. Councilman Peters said this ice rink and park has been trumpeted to the community as the ultimate quid pro quo for this project and may have induced support for the Ritz. Perry Harvey, representing Savanah, said when the applicants presented the ice rink and park with a large restaurant and rink operation, this was not looked upon favorably. The applicants had to go back and rethink this from an design, cost and operational standpoint. Councilman Tuite said he has not heard anything to convince him to change July 1st for the rezoning application. Council agreed to leave the date July 1st. Harvey said the applicant committed to posting financial assurances for the portion of the ice rink not completed if the hotel were to open in advance of the stated date. Councilman Peters said the ice rink has value to the community, and it should be guaranteed to the community. Hughes said the ultimate club over the applicant's head is the certificate of occupancy on the Ritz. This is a strong incentive to complete the ice rink. Councilman Peters said he wants to see the ice rink and park built as promised. Hughes said no one is reneging on that. Council decided not to require a completion bond for the ice rink. 3 Continued Meeting Aspen City Council May 29, 1991 Councilman Peters said the demolition bond required in condition #14 should be liquid. Caswall told Council the city can only use this money for which it was posted. Councilman Gassman asked where it is spelled out under what conditions the city can use the bond. Caswall said it is a contractual matter the way the bond is set up. Caswall said on the decision to demolish, staff would come to Council with this decision. Council agreed the bond should be a liquid bond. Sarpa reminded Council when they and staff first discussed bonding, the applicants felt comfortable in being able to commit to posting adequate financial assurances for the issues jointly agreed to covering whatever matters by October. Sarpa said this will not happen within 30 days. Sarpa said there ought to be the alterna- tive to either demolish the structure or to button it up. Sarpa said between now and October 1st they will be constructing on the Ritz and adding value. They have made the commitment to begin next week. The PCL contract is signed and work will begin. The applicants will be doing a lot of work to reach conclusions about the ultimate disposition of the project. Sarpa said the applicants feel it is appropriate to require financial assurances. Councilwoman Pendleton asked what happens if the applicant does not meet all the commitments; is the PUD agreement void. Caswall said it could be and would leave this potentially up to a whole new process. Mayor Stirling pointed out staff suggested July 1st for the bond because it comes due before any of the key dates in the conditions. Mark Hayutin, representing one of the partners AEI, said the applicants are sympathetic to city's concerns; however, his client cannot yet say that the hotel will be built. They want the hotel to be built and $60 million has been invested in the hotel. Hayutin said the goal in this process has been to put the city in no worse position than if this went on to October 1st and the applicants went into non-compliance, and to improve that position by agreeing to conditions. Hayutin told Council the applicants are spending over $1,000,000 not counting the city conditions. Hayutin told Council the applicants are working on ways of cutting costs and with their own financial resources to see if the hotel can make sense. Hayutin told Council they would be willing to submit the proposed form of the assurance by August 1st . Hughes pointed out the applicants are not asking for anything from the city until October 1991 when the extension period starts. Hughes said each day they put in more money increases the commit- ment of the partnership. Mayor Stirling said Council and the applicant can reach agreements on the amount, that it be liquid, a date for the form of the bond, and a date for the posting of the bond. Ms. Margerum told Council the applicants are currently in non-compliance with their construc- tion schedules. If the applicants had not asked for an extension, 4 Continued Meeting Aspen City Council May 29, 1991 the city would be in a non-compliance hearing because they are not meeting the schedules outlined. Ms. Margerum said it is valid that it takes a long time to put together a bond and 30 days may not be realistic; however, she is concerned about going to October 1st. Hughes said the applicants are trying to get the city in a better position than they are now during this interim. After a 5 minute break, the applicants proposed agreeing to the form of the bond within 30 days, posting the bond by September 1. Hayutin said if they can make the decision about going ahead with the hotel sooner, they will. This will be a $4 million bond or such lesser sum take it takes for demolition. Sarpa said the applicants still believe there ought to be the option of doing a button up bond, rather than just a demolition bond. Mayor Stirling said Council wants the bond by August 1st and for demolition only. Sarpa said the applicants cannot meet August 1st. Hayutin said he would rather have the flexibility of demolition and button up but will go with demolition only. Council wants demolition only. Councilman Gassman said if the city is not in a better position through this extension, there is no point in the city approving it. Mayor Stirling suggested using the letters of credit and cash escrows already with the city as credit for the $4 million and move the date up to August. Sarpa said it is not the amount; it is the decision process. Hughes suggested amending the PUD to expose the financial assurances the city currently has for demolition costs, put the balance of the $4 million to September 1st. Councilwoman Pendleton pointed out part of this money is needed for public improvements. Hayutin said the point is not to reduce their commitment from the $4 million but to respond to the question, what is the city getting. Caswall told Council staff has analyzed the amount of money presently posted to restore the streets, curb and gutters and that amount is insufficient. Sarpa said in condition #1 they would like it clarified that "except for the parking lots" should not be seeded. Ms. Moore said it should also be clarified that public view should be at street level. Conditions 2, 3, 4, 5, 6, 7 are all right with the applicants. Conditions 8 and 9 have been discussed. Ms. Moore commented on condition #10 that prior to amending the PUD, staff will present a list which outlines exactly necessary information for the submission. There are no money amounts due on July 8. Sarpa said in condition #11 they would like the date changed from August to October 1st. Sarpa said the applicants will be prepared to have adequately reviewed by that time . Conditions 12 and 13 are all right. Ms. Margerum said in conditions #15 staff would like it clarified to say that all fees owed to the city for the processing of any 5 Continued Meeting Aspen City Council May 29, 1991 land use applications, including this Section M amendment, shall be paid. Ms. Margerum said these fees are due now and there is no reason to extend them. The fees for the ice rink were due over 6 months ago and have not been paid. Harvey said if all the bills are sent to his office, he will address these Ms. Margerum said she would like these paid by August 1st. Condition #16 is fine. Hughes said the schedule referred to in condition #17 has since been modified. Caswall suggested making reference to the letter, rather than the schedule. Mayor Stirling asked about questions raised about the Bavarian Inn. Ms. Margerum told Council the Bavarian Inn was never part of this PUD agreement. The PUD does have a provision for an audit. Once the hotel is built, after 2 years there will be an audit to determine if the number of employees working at the hotel are close to what was anticipated and agreed upon. If there are more employees, the applicant has committed to mitigate 60 percent of those extra employees and plans to use the Bavarian Inn for that mitigation. Staff stated during the PUD that the housing was not sufficient; however, additional employee housing was not approved by the voters. Mayor Stirling moved to hold the August 8 date in #11; to move the date in #15 to August 1 and add "including any Section M amendment fees"; and in #14 the 5 components are (a) cash; (b) negotiated form be in 30 days; (c) the bond be for $4,000,000, (d) demolition only, and (e) this be posted by September 1st; seconded by Councilwoman Pendleton. Councilman Gassman said he would prefer to see all the conditions the same date. Councilman Peters asked if it makes sense to issue a building permit without assurances that the project will be built. Mayor Stirling in favor; everyone else opposed. Motion NOT carried. Councilman Gassman moved to change the dates in conditions 11, 14, and 15 to make them all August 15; seconded by Councilman Peters. Hayutin told Council his partner started off thinking the hotel would cost a whole lot less than it is going to cost, tens of millions of dollars less. Hayutin said his client is struggling to come up with a decision that recognizes the reality of this. Hayutin said they are working with the ownership group, with the Ritz Carlton to find ways this can still be a five star hotel and not cost as much money. Hayutin told Council this is why they need the time. Mayor Stirling said there has been a lot of compromise on the part of the applicant. Mayor Stirling said he feels it is reasonable to accept the September 1st date. 6 Continued Meeting Aspen City Council May 29l 1991 Councilman Gassman withdrew his motion. Councilman Gassman moved to change the dates in #11 from August 8 to September 1st; in condition #14 to September 1st; and in condition #15 changing from October 1st to September 1st; seconded by Councilman Peters. All in favor, motion carried. Mayor Stirling moved that in condition #14 it embrace the follow- ing; language be rewritten to show that it is liquid cash assur- ance; that negotiated form be presented within 30 days; that it be for $4,000,000; it is for demolition only; it is posted by September 1st; seconded by Councilman Gassman. All in favor, motion carried. Mayor Stirling moved that Council accept the order that will be a result of this quasi-judicial series of hearings over the last two months amended as agreed at this meeting and that the final form be accepted and ratified June 10; seconded by Councilman Gassman. All in favor, motion carried. Council adjourned at 7:30 p.m. Kathryn Koch, City Clerk