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HomeMy WebLinkAboutminutes.council.19960610Aspen City Council Regular Meeting June 10, 1996 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Waggaman and Richards present. CYNTHIA HEELAN CMC UPDATE Cynthia Heelan told CMC has 14 sites throughout the Rocky Mountains and 7 campuses with 21,000 students; 75 percent of these students work full time. Dr. Heelan presented a 94-95 report card on how CMC feels they have achieved their goals and how they have been doing. Dr. Heelan said CMC-wide 11 percent of the community participates; in Aspen 19 percent of the community participates and the national average is 4 percent. Dr. Heelan told council this past spring CMC get their interactive video system up and working and was able to offer the same course throughout their 7 campuses and will be able to offer upper level courses. CMC is building relationships with state universities in Colorado. Dr. Heelan said a lot of the tax base for CMC comes from Pitkin County. 48 percent of CMC’s funding comes from taxes; the rest is from student generated income. Dr. Heelan said every county supports CMC to about the same extent. Dr. Heelan said there is a strong focus on partnerships in the communities and CMC is working hard on relations with their communities. Mayor Bennett said CMC spends about 45 percent of its expenditures on faculty and asked how that compares to other colleges. Dr. Heelan said CMC is comparable to other community colleges; CMC has about 4 percent more in administrative support because of the 14 different sites. CITIZEN COMMENTS 1. Amy Brownstein said when Council gave approval to Williams Ranch, part of the agreement was to improve the Molly Gibson park. Ms. Brownstein said at that time the Molly Gibson was an attractive grassy area. Ms. Brownstein said she met with representatives of the city, county and developer. Ms. Brownstein said the developers have not been responsive. This area has been used as a dumping ground for all the soil from the development. The park has been raised at least 30 feet; it is also being used as a parking facility for trucks for the developments. Amy Margerum, city manager, said the Molly Gibson park was given to the county as part of their deal with the developer for road access. The city has volunteered to assist in the planning of that park. Bill Efting, assistant city manager, said the only agreement the city has is to help plan the park and nothing else. Efting suggested staff get together with the county manager to see what can be done. 1 Aspen City Council Regular Meeting June 10, 1996 COUNCILMEMBER COMMENTS 1. Councilwoman Richards asked about transportation to the Roaring Fork Forum this week. Amy Margerum said staff is working on having dinner with the Basalt Town Council first. If that happens, there will be no bus. Mayor Bennett said he and Councilman Marolt have a Ski Company Advisory meeting that afternoon. 2. Mayor Bennett said the Hines Water Agreement will not be acted on at this meeting. Amy Margerum, city manager, told Council staff set up a broader citizen committee to work on the mall performers ordinance and that ordinance also is not ready for action. Councilwoman Richards moved to continue Ordinance #19, Series of 1996; seconded by Councilman Paulson. All in favor, motion carried. 3. Amy Margerum, city manager, reminded Council next week is the transportation financing summit to be held at the Meadows and Institute June 27 and 28. Both OTEK and Centennial will be in town and there are a lot of issues for the entrance to Aspen project which Council can discuss apart from the financing summit. Council scheduled a meeting at 4 p.m. June 26th with OTEK and Centennial. 4. Amy Margerum, city manager, reminded Council there is an Elected Officials Transportation meeting. Ms. Margerum requested a study session on the arts and non-profit citizens committee. Council scheduled that for June 17th. 5. Bill Efting, assistant city manager, told Council Janet Garwood has requested $2,000 for a valley-wide land use philosophy seminar. The request for this money is contingent on them getting funding from other governmental agencies. Councilwoman Waggaman moved to add the request for $2,000 for a valley-wide land philosophy seminar to the consent calendar; seconded by Councilman Paulson. All in favor, motion carried. CONSENT CALENDAR 2 Aspen City Council Regular Meeting June 10, 1996 Councilwoman Waggaman moved to approve the consent calendar; seconded by Councilwoman Richards. The consent calendar is: · Minutes - May 28, 1996 · Resolution #34, 1996 - Contract Lower Rio Grande Improvements · Resolution #33,, 1996 - Acceptance Zoline Easements · Request for Funds - Aspen Mountain Bicycle Festival ($2,000 contingency) All in favor, motion carried. Councilwoman Richards moved to approve $2,000 from Council contingency to fund a valley-wide land use philosophy seminar with the understanding that funding will be forthcoming if a majority of the people being solicited for funds participate; seconded by Councilman Paulson. Sarah Pletts told Council there are two phases; the meeting in July and another event in the fall. Ms. Pletts said if the funds can be contingent on 2 projects rather than coming back for the second project. Councilwoman Waggaman said would like to know if both events are going to happen. Councilwoman Richards said the city is in for funds if most everyone else is too. All in favor, motion carried. ORDINANCE #20, SERIES OF 1996 - Aspen Club PUD Amendment Councilwoman Waggaman moved to read Ordinance #20, Series of 1996; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #20 (Series of 1996) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AN AMENDMENT TO THE CALLAHAN SUBDIVISION PUD AGREEMENT FOR LOTS 14A AND 15, CITY AND TOWNSITE OF ASPEN Stan Clauson, community development department, told Council this item is going back to P & Z for more detail. This was first heard by P & Z in March. Staff did 3 Aspen City Council Regular Meeting June 10, 1996 not support the amendment and it was denied by P & Z. Staff has met with the applicant to work on a revised application and mitigate some of the concerns of P & Z; this application is now before Council. Clauson said the concern is the distribution between the Crystal Lake parking lot and a not approved parking area accessed off Ute Avenue. Clauson told Council the original PUD amendment application was to eliminate the lot accessed off highway and have 138 parking spaces access off Ute Avenue. Clauson said the present staff recommendation is for 35 parking spaces in the Crystal Lake lot and 40 spaces be developed on the Ute Avenue side. The applicant has a different request. Clauson noted this is first reading for some Council input. The application will go back to P & Z before second reading at Council. Dave Michaelson, community development department, told Council the applicants are requesting an amendment to the Callahan subdivision and PUD agreement. This agreement was specific about the access off Crystal Lake road with very limited access off Ute Avenue for service, delivery and emergencies. Since then, the Ute Avenue parking lot has become a de facto use. Michaelson said parking for therapy should be given some approval to get it as close to the building as possible. Michaelson said included in the applicant’s application is a single family home on lot 14A for which there is a GMQS allocation. P & Z recommended denial in March based primarily on the physical constraints of Ute Avenue, like narrow lane widths. The applicant’s compromise is that the Crystal Lake road be reduced to 20 spaces and the Ute lot be modified to 80 spaces. The applicant has committed to operating a shuttle service between the Aspen Club and Aspen Club Lodge during peak hours. Michaelson said there was a traffic study done for the original proposal and also a study done for the compromise application. Michaelson said one PUD criteria is consistency with AACP, which placed emphasis on a pedestrian and bikeway plan. This application would have a traffic impact on Ute avenue. Michaelson said the city of Aspen parking standard requires 2 spaces per 1,000 square feet of net leasable or 64 off street sparking spaces at the Aspen Club. When the application was approved in 1977, the standards in effect would have required 38 spaces. Michaelson said based on the constraints of Ute Avenue, staff does not favor any increased traffic on Ute Avenue. Michaelson said in order for the traffic numbers to remain the same, the parking should remain status quo; 40 spaces on Ute Avenue, including paving and landscaping, with 35 spaces in 4 Aspen City Council Regular Meeting June 10, 1996 the North lot for a total of 75 off street parking spaces. Michaelson pointed out that snow removal on Ute avenue is very constrained with very little room to put the removed snow. Michaelson recommended approval based on the modified parking plan, that the applicant provides an elevation of the west side of the parking lot to make sure headlights will be deflected from adjacent properties; that the approved Ute avenue parking is paved and striped with a final landscaping plan reviewed by the parks department; prior to completion of the parking facilities, the applicant submit an access plan; and by July 1997, there is a report assessing the success of the van service. Michaelson told Council any parking on Ute avenue is a violation of the PUD. Michaelson noted there are no complaints in the file. Michaelson told Council this lot can be red tagged; or Council can approved the amended PUD plan. Dick Butera, applicant, said the Aspen Club is an institution for the town and serves a good purpose for health and welfare of the community. The Aspen Club has an excellent therapy department. Butera said he feels they are good corporate citizens. Butera said the Aspen Club it is not an economically viable business in its present shape. Butera said this application is to help bring the business into the ‘90’s. The Aspen Club is a 60,000 square foot building. The Aspen Club has a parking lot that is 300 feet away amongst houses. Butera reminded Council that in the original approval, there was to be a restaurant adjacent to the parking lot. Butera told Council the membership at the Aspen Club has dropped because of increased competition. Butera said they feel moving the parking lot closer to the business will help. Also the Club needs to change its uses and to find new ways to generate cash flow. Butera said they plan to put a spa in about 1/3 of the club. This should help with the economics of the business. The vacated parking lot on the north side will be sold in order to pay for half of the renovation costs. Butera said the Club has been open for 4500 straight days since 1982 offering the community health and Fitness. Butera said the modified plan is a 4.5 percent increase in traffic on upper Ute avenue. Alan Richman, representing the applicant, said about 10 percent of the permanent Aspen population is members of the Aspen Club and this request is meaningful to a significant number of the Aspen population. Membership and visit have been declining over the past 8 years. Richman said there are other clubs downvalley and 5 Aspen City Council Regular Meeting June 10, 1996 in Aspen, including the downtown area. Richman said they are not doing this application for a large business increase but to try and stay competitive. Richman said the reasons for the application are the inconvenience of the parking lot; the distance is a lot of trouble for people using the therapy facilities. Richman said the changed circumstances are the change in the use of the lot that would have been the clubhouse and would have needed parking. The condition of Ute avenue is much different than it was when the condition was originally placed on the property. Richman said some long term parking has occurred in the Crystal Lake lot and this will be discontinued if this application is approved. Richman told Council the traffic study demonstrated that Ute Avenue is carrying about 1250 vehicles at its lower end; 220 of these are coming into or out of the Club. Richman said 220 vehicles would be increased by another 230 vehicles for a total of 450 vehicles a day associated with the Club. By leaving spaces on the Crystal Lake side, adding van service and reducing the Ute avenue parking, the total vehicle trips would be 280, or an increase of 60 trips a day. A trip is a one-way destination. Richman said the Club is open over 14 hours a day. If the traffic were distributed evenly, it would be 4 cars an hour; however, there are peak periods in the morning and evening. This may add 1 car every 4 minutes. The technical capacity of Ute avenue can handle this added traffic. Richman said one question is what about this plan is consistent with the Aspen Area Community Plan. Richman said Council should consider the impact on maintaining this use or making this use work, in terms of revitalizing the community and encouraging businesses that serve the local community and the tourist population, which is fundamental to the AACP. Richman said he feels the basic theme is how to keep Aspen a vital, live community with social and cultural diversity. Richman said something that helps to make Aspen a vital place is the ability to have low cost attractions beyond those in a town Aspen’s size. Richman said it would be almost impossible to recreate institutions like the music festival and design conference in the 90’s. Richman said the community benefits from the institution of the Aspen Club in both fitness and therapy. Councilwoman Richards said there is an assurance that funds from the sale of the parking lot will help the viability of the club. Councilwoman Richards asked if this is included in the ordinance. Worcester said there is no way to tell an applicant would they have to do with their money. Butera said he hopes his previous work is proof of his claims. Richman said the applicant has made representations on the record. Councilwoman Richards asked if the applicant would have the ability to 6 Aspen City Council Regular Meeting June 10, 1996 eliminate the parking. Michaelson said as long as the available parking does not go below the Code requirements. The PUD was approved in 1977 and the traffic study and application only stated there would be 38 spaces. Councilwoman Richards asked what is the underlying zoning for this property is the Club were to close. Michaelson said the underlying zoning is RR/PUD, which is zoning for one house without going through a land use approval process. Councilman Paulson asked if there is any employee transit plan, like incentives to not use cars. Butera said there is low employee car use; employees often bus or bike. Butera said the customers for the spa will be brought to the Club by vans or hotel vans. Councilwoman Waggaman said it is her observation that the Crystal Lake lot is under utilized. Worcester entered the traffic report, the photographs and letters into the record. Michaelson told Council all letters and FAXes will be presented again at the public hearing. Mayor Bennett asked what the preliminary PUD approved. Butera said it approved 10 single family lots, of which 8 are built. Mayor Bennett asked if Butera would be willing to make his accounting public of the lot sale and how much is put back in the Club. Butera said the sale of the lot and the value of the building permit are public record. Les Holst told Council on behalf of Sepp Kessler, he wanted Council reminded of Dick Butera’s long standing good deeds to the community and that the Aspen Club is a valuable asset to the community. Holst said this application is dealing with two things, community and neighborhood. If the Club should go away, the traffic will have to go somewhere else. Holst said Council has to keep the whole community in mind. Boyd Billings, corner of Ute & Original, said he does not want to see any more traffic on Ute. Billings said he also does not want to see the Aspen Club go away. Billings suggested a car bridge on the east side of the property to the Club to eliminate traffic on Ute. Tom Peckham, representing the Ajax Condominiums, said Butera and the Aspen Club have been good citizens of the community. Peckham said government should neither help or harm a business; however, the government should be concerned with public safety. Peckham said the intersection of Ute and Original is very dangerous; drivers do not stop at the stop sign. If there is to be increased traffic, the city needs to upgrade the intersection. 7 Aspen City Council Regular Meeting June 10, 1996 Gina Pogliano said safety is a large issue on Ute avenue. There are no speed limit signs, no speed bumps; the traffic is not mitigated in any way. Ms. Pogliano said she would like to see a compromise with neighborhood input. Ms. Pogliano said increased traffic will mean increased pollution, noise and lights. Gary Alpert said the Aspen Club must generate tax revenue for the community. The facility is an asset to the community, to residents and visitors. Alpert said it is imperative to find a compromise for this application. Cathy Crum, Ute avenue resident and Aspen Club member, agreed Butera has been a big contributor to the community. Ms. Crum said the conditions on Ute avenue are getting worse and worse; people use excessive speed. Ms. Crum said the Council should look at what they can do to preserve the community. Tim Cooney, Billings condominiums at Ute and Original, said the traffic and safety issue on Ute avenue is alarming. Cooney said cars speed and ignore the stop sign. There are cars, bikers, runners, roller bladers adding to the congestion. This has become an alternative way for people to get east of town. The traffic in this area is already unmanageable. John Kelly, representing several Ute Avenue homeowners, reiterated the status quo is a direct violation of the land use approval and has been for years. Kelly said people who purchased lots in the Callahan subdivision purchased them knowing the parking lot was there. Kelly pointed out if the Crystal Lake parking lot is made smaller or eliminated, there is no other place to put parking. Kelly said the city should reserve a sufficient amount for growth. Holst said the problem is not the Aspen Club but is traffic. Holst suggested residents on Ute join one of the pedestrian-oriented organizations, like Feet First to get a better emphasis and make this a community solution. Councilwoman Waggaman suggested trying to make Ute Avenue more like West Hopkins, a pedestrian bikeway, and also to look at more road maintenance. Councilwoman Waggaman suggested the shuttle be a 2 year experiment, all year long, rather than a 1 year experiment. It takes time for people to change their habits. Councilwoman Waggaman requested staff look at extending the bike path to the Aspen Club rather than ending at the Benedict building. Councilwoman Waggaman said she would rather see 30 spaces in the Crystal Lake road for expansion and future success of the club. Councilwoman Waggaman noted the lighting plan should 8 Aspen City Council Regular Meeting June 10, 1996 be looked at very carefully so it does not shine in residential areas. Councilman Paulson said he agrees with all these points. Councilwoman Richards said there is a compromise somewhere. This should not be either the club or Ute avenue. Councilwoman Richards said she feels this is comparable to what Council did to help the Aspen Institute out. Councilwoman Richards said it is important to have amenities and facilities dispersed throughout the community. Councilwoman Richards said the traffic on Ute avenue is a law enforcement problem. Mayor Bennett suggested staff compile minutes from the original approvals so that Council has a history of why the parking lot was on the north side. Mayor Bennett pointed out Council did not approve the Upper Ute avenue improvement district because they did not want to turn it into a modern city street but to maintain Ute avenue as a rural country lane. Mayor Bennett said he is troubled by a proposal to increase traffic on Ute avenue. Mayor Bennett said he is skeptical of the shuttle experiment for only 1 year. Mayor Bennett asked staff to look into the suggestion of a bridge to the east of the club. Mayor Bennett said Council is being asked to approve a financing mechanism. Mayor Bennett said this is a health club and people should be able to walk 500 yards to the Club. Mayor Bennett said in the original approvals, a compromise was struck and part of this was that the Ute avenue side would not have traffic. Mayor Bennett said the Aspen Club is a local institution, but it is a private enterprise. Mayor Bennett said the safety problems on Ute avenue need to be addressed through traffic calming techniques. Mayor Bennett said he would like to see a community compromise discovered in this process. Councilwoman Waggaman moved to adopt Ordinance #20, Series of 1996, on first reading with the provision the applicant come back with suggestions developed out of this meeting; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #26, SERIES OF 1996 - Hines Water Agreement John Worcester, city attorney, reminded Council that the city’s adopted water policy requires an applicant to show that the city’s provision of water outside city limits meets that policy and that the project is consistent with the AACP. Dave Michaelson, community development department, told Council P & Z reviewed this 9 Aspen City Council Regular Meeting June 10, 1996 project in 1993. Michaelson said it was a struggle to fit a project as big as Highlands into a character-based AACP. Stan Clauson, community development director, told Council P & Z made 12 findings regarding areas of compliance and 4 findings regarding inconsistencies. Based on that, P & Z felt there was substantial compliance. Clauson said the revised project has removed 3 inconsistencies. The remaining one is in areas which were zoned to accommodate lodging, the conversion of these areas into single family homes which might be used by permanent residents, diminishes the lodging base. Clauson said the finding of substantial compliance is enhanced by this revised project. Councilwoman Richards asked about the transportation elements. The base is separated from the ski area, which generates new traffic based on the improvements at Highlands. There will also be impacts from the base developments. Council has reviewed the Moore property impacts. Councilwoman Richards said these seem to be piecemeal rather than being reviewed as a transportation component more suited to the AACP. Clauson said money from Moore and Highlands is intended to be put together for transportation. The focus of this transportation is on the Maroon Creek intersection. The city told the county they would like to take part in the design for this intersection. Councilwoman Richards said these seem to be accommodating increased traffic rather than to look toward a transportation solution. Glenn Horn, representing the applicant, said in the analysis of the problem and the impacts, they combined the background traffic for the Moore property and ski area with the proposed improvements for the ski area and the Highland village. Horn said the Moore property will work with the Highlands Village base development to come up with an overall transportation package, detailed plan and traffic disincentive plan. The Ski Company project is different because of peak demands and seasonal usage. This, too, will be integrated. Councilwoman Richards said it seems the city is being asked to sign off on AACP compliance for issues the county will hopefully resolve. Councilwoman Richards said the county seems to be more bus-oriented rather than alternative transportation solution oriented. Clauson said the city has asserted an interest in being part of the evolution of transit thinking including innovative ideas. Amy Margerum, city manager, suggested conditioning the city’s water service agreement that the city expect participation in transit solutions. 10 Aspen City Council Regular Meeting June 10, 1996 Councilman Paulson asked about the water study on Maroon Creek and how the use of Maroon Creek would affect this water service agreement. Kevin Patrick, representing the applicant, said in March 1995 there was an agreement signed between the city and the applicant providing for settlement of the city’s concerns to a pending water court proceedings filed by Highlands. This ratified a stipulation and local settlement to protect Maroon creek to assure the in-stream flow which is decreed and owned by the Colorado Water Conservation Board would always be protected and would be protected with a buffer. Very stringent monitoring will be undertaken by the city and the state. This assures that under no circumstances will be in-stream flow be depleted for snowmaking purposes. Ms. Margerum asked how the project has changed to be more consistent with the AACP. Horn said there are 43 free market and 98 affordable housing units, a 70/30 unit mix. There is a 60/40 population mix; 245 in the affordable housing units and 156 in the free market. This is an AH project. There are 80 people in the free market units associated with TDRs, which would throw off the 60/40 mix. This was an agreement struck with the county and these 80 people in free market units will not affect the 60/40 mix and was a trade off because the county felt it furthered the rural and remote program. Horn said the AACP used a range of population anticipated to be located at the base of Highlands, 300 units in the resort hotel and 46 units of Highlands Inn for 1200 people. The top of the range was how the site could be zoned or a total of 1800 people. The total population in this proposed project is 700 people, significantly less than anticipated in the AACP. Councilwoman Richards moved to continue Resolution #26, Series of 1996, to June 24; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Richards moved to go into executive session for the purposes of discussing potential property acquisition; seconded by Councilwoman Waggaman. All in favor, motion carried. Council went into executive session at 8:55 p.m. Councilwoman Richards moved to come out of executive session at 9:45 p.m.; seconded by Councilman Paulson. All in favor, motion carried. 11 Aspen City Council Regular Meeting June 10, 1996 Councilwoman Richards moved to adjourn at 9:45 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 12 Aspen City Council Regular Meeting June 10, 1996 CYNTHIA HEELAN CMC UPDATE ................................ ................................ .... 1 CITIZEN COMMENTS ................................ ................................ .......................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 2 CONSENT CALENDAR ................................ ................................ ........................ 2 Councilwoman Waggaman moved to approve the consent calendar; seconded by Councilwoman Richards. The consent calendar is: ................................ .............. 3 Minutes - May 28, 1996 ................................ ................................ ...................... 3 Resolution #34, 1996 - Contract Lower Rio Grande Improvements ..................... 3 Resolution #33,, 1996 - Acceptance Zoline Easements ................................ ........ 3 Request for Funds - Aspen Mountain Bicycle Festival ($2,000 contingency) ....... 3 ORDINANCE #20, SERIES OF 1996 - Aspen Club PUD Amendment ................... 3 RESOLUTION #26, SERIES OF 1996 - Hines Water Agreement ........................... 9 13