Loading...
HomeMy WebLinkAboutminutes.council.20041012Regular Meetin~ Aspen City Council October 12, 2004 BARILOCHE EXCHANGE STUDENTS .............................................................. 2 CHIP COMINS ASPEN RENEWABKE ENERGY AWARD ...................... 2 BOARD COMMENDATION - P&Z Roger Hancman.. ...................................... 2 CITIZEN PARTICIPATION ...................................................................................... 2 COUNCILMEMBER COMMENTS ........................................................................ 3 CONSENT CALENDAR ........................................ · Resolution #96, 2004 - Aspen Highlands Villas Annexation ................................ 5 · Resolution #97, 2004 - 601 West North Release of Minimum Lease Deed Restriction.. · Resolution #98, 2004 - Agreement with ACSD New Animal Shelter ................... 5 · December Council Meetings - December 13, 2004 ............................................... 5 · Minutes September 27, 2004 RESOLUTION #95, 2004 - Golf Pro Shop Lease ................................................ 5 RESOLUTION #99, 2004 - Bar/x Ranch Parcel Annexation .......................... 5 RESOLUTION # 100, 2004 - AMCORD/AVLT Annexation ........................... 5 ORDINANCE #30, SERIES OF 2004 - Residences at Little Nell Final PUD ORDINANCE #32, 'SERIES OF 2004 - Innsbruck Inn PUD .... 8 ORDINANCE #33, SERIES OF 2004 ~ Soldner/Burlingame Annexation... 14 ORDINANCE #34, SERIES OF 2004 - Soldner/Burlingame Disconnect... 17 RESOLUTION #101, SERIES OF 2004 Burlingame Parcel D Change Order Approvals ........................................................................................................... 17 RESOLUTION # 102, SERIES OF 2004 - Opposition to Visitor Center Referendum Ballot Question ..................................................................................... 19 RESOLUTION # 103, SERIES OF 2004 - Sandunes Lot Split Amendmentl9 Regular Meeting Aspen Ci.ty Council October 12, 200,~ Mayor Klandemd called the meeting to order at 5:00 p.m. with Councilmembers Torre, Richards, Semrau and Paulson present. BARILOCHE EXCHANGE STUDENTS Representatives from Aspen's sister city, Bariloche, Argentina, were present to thank Council for their support of the sister city exchange program. The program with Bariloche is only 3 years old and it has grown considerably. Students from Bariloche are in Aspen staying with host families for 12 days. Georgina, student coordinator, said it is beyond description what the students get out of this exchange program. CHIP COMINS - ASPEN RENEWABKE ENERGY AWARD Chip Comins, Jackie Francis and Chris Phillips presented Council with a "Green Tag" award for their support for Aspen Valley Renewable Energy Day August 28th. BOARD COMMENDATION - P&Z Roger Haneman Council presented Roger Haneman with a commendation for dedicated and distinguished service to P&Z for 5 years. CITIZEN PARTICIPATION 1. Caroline MacDonald told Council she has not received a reply from the city to her Complaint made at Council two weeks ago. Ms. MacDonald reminded Council she showed Council the tree removal permit and that it was to be completed March 31 st MS. MacDonald asked why Council tums to staff to have them respond to citizens. This complaint has to do with the tree removal fee and that it is not being applied to all citizens fairly. 2. Emzy Veazy noted the Municipal League created the city manager/city Council form of government and the city manager is in charge. City Council is also city employees. Veazy said people would like Council to be more proactive in promoting Aspen, going to the front range and talking up Aspen. 3. Connie Harvey said she received a letter about the pre-annexation agreement on Zoline and it does not answer her concerns. She would like a 2 Regular Meeting Aspen City Council October 12~ 2004 better answer on the rOad. Mayor Klanderud suggested she and John Worcester, city attorney, meet with Ms. Harvey 4. Stephanie Soldner gave Council an article from the Aspen Times · about an Edwards, Colorado, land deal that is preserVing open space. Ms. Soldner told Council she researched recent lotteries and more'than half of the entrants already lived in affordable housing. Ms. Soldner also looked at lotteries for studio and one-bedroom units and more than half of the applicants live in Aspen. Ms. Soldner said the affordable housing program is not drawing people up from down valley. Ms. Soldner said people moving to Burlingame will come from the core of Aspen and have to get into cars to come into Aspen. 5. Toni Kronberg stated Council is entitled to higher pay. They work many hours and go to many meetings. Ms. Kronberg said one goal of the city should be to preserve views. Tomorrow is a civic master plan meeting and they will be talking about the library plaza. Ms. Kronberg suggested the library plaza be expanded and put in seating so people can enjoy the views and that the 3 parking lots are converted to continue the Rio Grande park. The city could dress up the library plaza with flowers and a small fountain. Ms. Kronberg said the Burlingame COWOP stated there were 12 steps in the process. Ms. Kronberg said no building permit should be issued until the last step is completed. Ms. Kronberg asked Council if the City is going to adhere to the schedule on Burlingame. M s. Kronberg stated she is concerned about the construction on Deer Hill road. Mayor Klanderud announced there is a book of information on every step in the Burlingame process available for the public. Stephanie Soldner said she is concerned that the petitions for annexation for Bar/X ranch and AMCORD/AVLT are not in compliance and requested Resolutions 99 and 100 be pulled off the consent calendar. COUNCILMEMBER COMMENTS 1. Mayor Klanderud said there was wonderful weather for the homecoming football game and everyone should be proud of the students at Aspen High School. 2. Mayor Klanderud said it is clear there are feelings of unrest in the community about city projects. Mayor Klanderud noted the city has 3 Regular Meeting Aspen City Council October 12~ 200,1 regulations and codes in place. The rules are as good as the people who follow them and there are people who do not follow the rules. Mayor Klanderud said the question raised by Caroline MacDonald about a neighbor's tree may be one of those cases. Mayor Klanderud said when there are issues or specific complaints that the focus be on those issues. Council'is elected to make decisions for the community; staff is to provide services to the community. Council has to focus on what is best for the community and do the best for the most people involved. 3. Councilman Semrau requested a copy of the Burlingame information be available at the Pitkin County Library. Councilman Semrau said if anyone wants to understand the development order, contact Joyce Allgaier, community development department. 4. Councilman Semrau stated the goal in Aspen's community plan is to house 60% of workers in Aspen. Currently 49% of the workers are housed, which leaves about 1,000 units to be constructed to meet that goal. 5. Mayor Klanderud requested Resolution #95, Golf pro shop lease, be pulled from the consent agenda. 6. Joyce Allgaier, community development department, reminded everyone the community development department is sponsoring 5 brown bag lunches. The 4th one is this Thursday at 7:30 a.m. and will include breakfast. The topic is recent changes to the community development department's website and how to find forms and schedule inspections. 7. Mayor Klanderud announced there is a RFTA meeting Thursday in Carbondale. The topic is the first draft of the efficiency report. CONSENT CALENDAR Councilwoman Richards moved to approve the consent calendar as amended; seconded by Councilman Semrau. The consent calendar is: 4 Regular Meeting Aspen City Council October 12~ 2004 · Resolution #96, 2004 Aspen Highlands Villas Annexation · Resolution #97, 2004 - 601 West North Release of Minimum Lease Deed Restriction · 'Resolution #98, 2004 - Agreement with ACSD New Animal Shelter · December Council Meetings - December 13, 2004 · Minutes - September 27, 2004 All in favor, motion carried. RESOLUTION #95, 2004 - Golf Pro Shop Lease Mayor Klanderud asked if the 16% of the gross revenues over $625,000 includes rounds. Steve Aitken, golf department, said this includes range balls, merchandise and carts. Mayor Klanderud asked about the repair/return of golf clubs section. Claude Conner, Aspen Sports, said they have a relationship with most manufacturers of golf equipment and will return or replace any equipment to a company with whom they have a relationship. If there is a company with whom they do not have a relationship, they cannot take care of that equipment. John Worcester, city attorney, told Council he will find out exactly what is meant by this and clean up the language. Mayor Klanderud asked if this 5 year contract is reviewed on a yearly basis. Aitken said yes. Mayor Klanderud asked how oversight of the golf pass revenue works. Aitken told Council there are monthly reports from Specialty Sports to the city as well as an annual audit. Steve Barwick, city manager, said there are numbered blanks for the golf passes and these have to be accounted for. Councilman Semrau moved to approve Resolution #95, Series of 2004, with the amendment by Worcester; seconded by Councilwoman Richards. All in favor, motion carded. RESOLUTION #99, 2004 - Bar/X Ranch Parcel Annexation RESOLUTION #100~ 2004 - AMCORD/AVLT Annexation John Worcester, city attorney, told Council Resolutions #99 and # 100 are the first step in annexation of two parcels of land; Resolution #99 is the Zoline Regular Meeting Aspen Ci,ty Council October 12, 200,~ family-oWned Bar/X ranch and Resolution #100 is the AVLT parcel that the city acquired from AVLT to be used in this project. These resolutions initiate the Process and if passed establish the date for the public hearing, which is approved by another resolution. There is then an ordinance with two readings, including another public hearing. The first public hearing is to comment on the eligibility of the property to be annexed pursuant to state statute. Stephanie Soldner noted the petition for annexation is dated September 22, 2004, filed by the trustees of the Zoline Family Trust. Ms. Soldner said Joe Zoline died September 26th and the estate must now be dealt with and this annexation may be premature. It will take some time for the family to figure out the ownership. John Worcester, city attorney, told Council he will check with the attorney for the Zoline Familv Trust to see if there is a problem and the family can withdraw the request f~r annexation at any time during this proceeding. Ms. Soldner said the petition in Resolution # 100 refers to the Soldner/Burlingame Ranch and requested that be removed. Worcester said that is an error and the actual name will be on the plat and is Parcel 2 of Park Trust Exemption. Ms. Soldner said one of the issues for compliance to meet annexation is less than ½ of the land in the area proposed to be annexed is agricultural and none of the owners of such agricultural land have expressed an intention under oath to devote the land to agricultural use for a period of not less than 5 years. Ms. Soldner said Deer Hill and the Zoline property are agricultural, and the Zolines have said they intend to keep the ranch as a working ranch. Worcester said Council will have to determine this at the next step. Councilwoman Richards moved to approve Resolutions #99 and # 100, Annexation of Bar/X and AVLT/AMCORD parcels, amending the petition for annexation on Resolution #100; seconded by Councilman Semrau. All in favor, with the exception of Councilman Paulson. Motion carried ORDINANCE #30, SERIES OF 200a - Residences at Little Nell Final PUD Joyce Allgaier, community development department, passed out revised drawings, which address the height question. Ms. Allgaier reminded 6 Regular Meeting Aspen City Council October 12, 2004 Council there were 3 outstanding issues at the end of last meeting. The first was that the applicants were asked to bring in additional information on the height of the project so Council could see that the height of the structure is not different from that at conceptual. Ms. Allgaier noted the applicants have provided east/west and north/south elevations indicating the final elevation. Bill Poss, architect, said the rendered elevation is the approved conceptual design with a heavy dark line indicating the profile for final approval. It is lower by the restaurant and is within a foot of the conceptual approval all around the building. There is also a line indicating where the building is stepped back. Kim Weill went over the rendering with the dark lines and the stepped back building for each elevation. Ms. Allgaier said a second issue was the operation of the bar/restaurant facility and how this can be a true public amenity. Ms. Allgaier pointed out there is a new condition in the ordinance that the project's restaurant/bar shall be open for the sale of food and beverages to the general public and the outdoor dining terrace shall be open and available for use in conjunction weather permitting all days that the skiing area is open for public skiing. In addition, the bar and the outdoor dining terrace shall be open to the public during the summer from June 15 to October 15 during all daytime hours that. the gondola is open to the public. The condition states that no memberships shall be required; occasional private events may be allowed. The last issue was the Obermeyer affordable housing units. A buy down agreement between Obermeyer and the applicants has been signed. Obermeyer will have the ability to place qualified purchasers in the project; this does not transfer to the Residences. Sunny Vann, representing the applicant, told Council they reviewed this ordinance with staff and is acceptable to the applicants as drafted. Mayor Klanderud opened the public hearing. Kim, owner of a unit at the Tippler and the North of Nell, supports the Residences project. Kim told Council said their unit is on the top floor of the North of Nell and will be impacted by this new project. Kim noted the mountain is so close to the North of Nell that the view plane is up and not out. Klm said the changes to Dean street would be an improvement to the neighborhood. Kim urged Council to grant final approval as this will be an Re~tular Meeting Aspen City Council October 12, 200,4 enhancement to the base of Aspen Mountain. This project deserves approval. Mayor Klanderud entered into the record letters from Steve Fallender and from the Little Nell both addressing the restaurant operation. Joe Raczak said this presentation answers his concerns from the last public hearing. Mayor Klanderud closed the public hearing. Mayor Klanderud stated she wants the restaurant and outdoor dining to remain public; this will be an asset at the base of the mountain. Mayor Klanderud said she hopes this space brings back the vitality to the base of the mountain. Mayor Klanderud questioned holding the operators to 3 hours of apres ski as it may be too cold and too dark, and a good operator will keep it open when the demand is there. Mayor Klanderud said she hopes this facility is open when the gondola is not running. Vann said this language sets the basic intent, open to the public, no membership, occasional private functions, open when the gondola is running, and some hours for apres ski. Vann noted if it is impossible to meet the 3 hours for apres ski, the operators will come to Council with facts requesting a change in the operating agreement. Councilwoman Richards said she feels the language is reasonable. Councilman Semrau moved to adopt Ordinance #30, series of 2004, as amended; seconded by Councilman Torre. Councilman Paulson said this is a significant improvement from the original building. Councilman Paulson stated he will have to vote against the project because it will have a canyon effect at the base of the 'mountain. Councilman Paulson said the land use code was adopted so that Aspen did not mm into a high rise village and he does not want to see 30 years of planning going by the way side. Mayor Klanderud asked about the applicant's commitment to Dean Street. Vann said they are improving Dean street; however, it will remain public. Roll call vote; Councilmembers Semrau, yes; Torre, yes; Paulson, no, Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #32~ SERIES OF 2004 - Innsbruck Inn PUD Regular Meeting Aspen City Council October 12, 2004 James Lindt, community development department, told Council this request is to convert an existing lodge at 233 West Main to fractional fee ownership. Lindt said the applicant proposes to add a wing on the west side of the structure to match that on the east side. The Innsbruck contains 33 traditional lodge units and the 'applicant proposes to convert this to 10 two- bedroom and 2 one-bedroom fractional ownership units. The applicants propose to eliminate the parking accessed from Main street. It is dangerous, as one has to back onto Main Street. The applicants originally proposed replacement head-in parking on South Second street. HPC felt that was not appropriate under the historic design guidelines. The proposal is to use existing on-street parking. The proposal is for 12 estates per units. The two bedroom units will haVe a lock off bedroom for each for a total of 22 keys. Lindt stated staff believes the dimensions are consistent with other lodges in the LP zone district as well as lodges along Main street. There will be no increase in height and the building will remain under a 1:1 FAR. Lindt said the Innsbruck has been mn as a lodge and this will continue that use and allow upgrading of the facilities. Lindt told Council this application complies with the operational and physical characteristics for time share development. The units will be rented out on a short term basis when available. Lindt noted the fiscal impact analysis states there would be a $31,000 loss of lodging taxes and requires the applicant to mitigate for that loss. Lindt told Council regarding the issue of park impact fees, the applicants have more of a credit from the existing development so there would be no park impact fees required. Lindt said there were question s about regulating approval of timeshare and the packet contains a discussion of that issue. Staff believes this proposal meets the review standards for PUD as well as timeshare and recommends approval of this ordinance. Mitch Haas, representing the applicant, went over the existing plan showing the rooms and access from the front and back. The renovated lodge takes groupings of 4 rooms and made these into two-room suites. This allows for bedroom lock offs. This results in 10 two-bedroom suites, 5 on each floor, and 2 one-bedroom suites, 1 on each floor. The lobby will be moved to one wing on the front of the building. Haas said the applicants are amenable to several parking options; however, they agree it makes sense to get rid of the parking that backs on to Main street. There is the safety issue, also it will allow the Main Street streetscape to be reclaimed. Haas said other parking 9 Regular Meeting Aspen City Council October 12, 200,~ alternatives were to have head-in parking off Second street in the public right-of-way. This was not acceptable to HPC. There were other proposals with smaller curb cuts off Second. There is a below grade employee unit. Haas noted no employee housing is required for mitigation but the applicants propose on-site housing for an employee. Haas said P&Z discussed the concept' of lodging converting to timeshare. Haas noted the conversion for this lodge makes sense and is the only viable sOlution. Haas said the lodge has a 43% occupancy over the past several years and is in danger of going out of bUsiness. What makes sense is the conversion to timeshare in order to realize some capital. Haas said the proposal is for a different economic niche than other timeshare projects. The proposed sale price is between $70,000 and $177,000, and given the location and size, the nightly rentals should also be affordable. Haas said this is a decrease in number of bedrooms; however, there is a likelihood of zero bedrooms on the property. With the occupancy rate of 33 bedrooms at a 43% occupancy, this is 5200 visitor nights/year. With 22 bedrooms of timeshare based on an expected occupancy of 80%, this is 6400 visitor nights/year. Haas noted P&Z discussed whether timeshare was consistent with the intent of the LP zone. Haas said the city decided timeshare was consistent when they made it a permitted unit in the LP zone. The lodge will be open to the public and will be listed with a central reservation system when not used by owners. This proposed project meets the requirements for all operational standards. The lock off rooms are traditional lodge rooms, there will be a swimming pool and a hot tub, small lounge and meeting room and an on-site manager. Haas said the only issue with which they do not agree is the mitigation fee. Haas pointed out the recommended mitigation fee is based on a 37-room lodge. The existing building has 33 rooms. The applicants feel the mitigation fee should be based on the existing lodge operation, not an approved 4 room expansion. Haas said they do not argue with the mitigation fee but feel that inclusion of approved but unbuilt rooms fails the common sense you cannot lose what you never had. Haas noted the terms of the code require one to compare expected tax revenues from the project to the last 5 years of tax generation of the existing lodge operation. The existing lodge operation included only 33 rooms, not 37 rooms. Those 4 rooms never generated any taxes at all. If the rooms did not generate any taxes, the 10 Regular Meeting Aspen City Council October 12, 200,~ city cannot lose those taxes. The tax generation of the lodge for the past 5 years is the same with or without those 4 rooms. This mitigation is not based on a per room tax generation. The assessed mitigation requirement needs to be proportional to the impacts generated. Haas pointed out the credit regarding the park dedication fees is based on 33 existing rooms, not 37 rooms. Haas said the projected tax revenues compared with actual tax revenues for the last 5 years of the existing lodge operation show an overall gain to the city. Haas said using the actual data for the past 5 years, the mitigation fee would be $22,309 not $31,500. Councilwoman Richards said an 1000 square foot fractional fee unit requires a higher level of staffing than does a 300 square foot lodge room. Haas said for employee generation, the applicants took factors given to them by the housing department. The housing office does not have a factor for timeshare projects. Councilman Semrau asked where the policy on including unbuilt units in the fiscal analysis came from. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Lindt told Council the policy on unbuilt units was done through a code interpretation. This code interpretation established that fiscal impact analysis would be reviewed on a tax by tax basis and it would be reviewed based on approved lodge units. The code interpretation request came from finance asking for administrative policies on conversions to fimeshare. The unbuilt approved units came up as part of the St. Regis conversion review. Lindt said staff thought the fiscal mitigation should look at what was approved to be built. Paul Menter, finance department, told Council the finance department wanted a detailed set of guidelines they could follow to make sure the code is applied consistently to all projects. Menter said the purpose of this is to mitigate for lost taxes, going forward. The greatest predictor of future revenue is what has happened in the past and the primary component of the fiscal analysis is based on the historic activity of a lodge. Menter noted approvals for lodge units have value and if built do have potential tax benefit to the city. John Worcester, city attorney, said Council is trying to determine an impact to the city based on an application. Worcester noted this application is to 11 Regular Meeting Aspen Ci,ty Council October 12~ 200,4 change the current approvals, not necessarily what is built. Steve Barwick, city manager, told Council there are not a lot of approved but not built hotel rooms in the city. Barwick said staff feels this is a moderate approach. Staff has accepted the assertions from the timeshare industry about advantages of time share without having anything proven. Barwick pointed out state law says fractional ownership has to be treated the same as lodges as far as ownership. CounCilman Semrau asked if this approach is consistent with prior precedents. Worcester said it is and the issue is whether staff's interpretation is consistent with Council's intent when they adopted this ordinance. Mayor Klanderud asked if approval of this project extinguishes the prior approvals. Lindt said they would be extinguished upon filing a plat for one of the two projects. Mayor Klanderud said when Council approved the Innsbruck expansion; it was met with enthusiasm for a chance to get an increased number of lodge rooms. Mayor Klanderud said she is concerned about an application for only 22 units, not the existing 33 or the approved 37. Mayor Klanderud agreed properties need to be upgraded and improved to continue to attract guests. Mayor Klanderud said she sees the change from 37 to 22 units as a decrease in the bed base rather than an increase that is a benefit to the community. Mayor Klanderud said the way the mitigation fee was calculated is fair and was used on another conversions. Councilwoman Richards agreed the prior approvals create value to the real estate. Councilwoman Richards said she, too, was excited that the Innsbruck was going to redevelop more lodge rooms. Councilwoman Richards said she is concerned that 4 bedrooms are turning into 2 bedrooms suites. Councilwoman Richards said she does not feel condominiumization of lodges is lodge preservation. Councilwoman Richards noted one intent of the LP zone is to keep diversity of size and type of lodge units in the community. Councilwoman Richards noted another concern is an entire class of visitor is being cut out of Aspen by constantly moving all units up to a higher end. Councilwoman Richards stated she does not support this condominiumization~ Councilwoman Richards stated she supports moving the parking out of the courtyard and pointed out Main street parking may be eliminated if the bus lane proposal goes forward. Councilman Semrau asked if lodges have the ability, by right, to change to fractional ownership. Lindt said if an application meets the requirements in the code, they have that right. This project also has a PUD review, which is 12 Regular Meeting Aspen City Council October 12, 20@j~ more discretionary. Councilwoman Richards said the standards for condominiumization were not included in the information. Lindt noted the standards for condominiumization are minimal. Lindt said part of the review standards addresses preserving existing lodge inventory, that conversion to a timeshare should at a minimum replace the existing units on the property in the planned timeshare lodge. The standard further states if the applicant is unable to replace the existing units, then the timeshare development shall replace the number of bedrooms or the applicant shall demonstrate how the proposal complies with the purposes of the regulations. Mayor Klanderud said she does not feel that standard has been met, especially with such a significant reduction in units. Mayor Klanderud stated she does not object to this becoming a fractional ownership but there are significant changes from the existing lodge and the approved lodge. Mayor Klanderud stated she has not heard convincing reasons for this reduction. Haas said the city realized tax revenues from the lodge expansion. The property was sold after those approvals and RETT gains were received because of that. Haas told Council CIOWA was written before fractional fee ownerships and was written for condominiums and cooperatives. Haas said the applicants substantiated every assumption to the finance staff's satisfaction and only question mitigating for a loss that does not exist. Haas said the applicants would extinguish prior approvals with the adoption of this ordinance. Haas stated this lodge is not economically viable and the addition of 4 rooms do not make it viable. Haas said this would be a loss of bedrooms that no one is renting. Haas reiterated studies of time share project across the United States show an average occupancy of 80%. Haas told Council in the last 3 years, every room has gotten new carpets, new furniture, the lobby and breakfast area have been renovated. Haas stated these rooms will not be high end nor is the proposed purchase price high end. Haas reiterated timeshare is a permitted use in the LP zone. There are no standards for condominiumization. This is a staff review and one has only to meet the technical requirements for a plat. Haas said the advertisement of this project is a means of gauging the market for this project. Haas said timeshare projects are the wave of lodging in the future. Timeshare provides more visitor nights. Haas stated with the cost of land in Aspen, it takes 50 years before an owner would realize any profits. 13 Regular Meeting Aspen Ci,ty Council October 12, 2004 Councilman Torre stated he supports staff's position on the mitigation fee based on 37 units. Councilman Torre said he is opposed to conversion of lodge units to timeshare, in general; however, the city has not codified a way to deal with that. Councilwoman Richards noted some of the conversion projects reviewed bv Council had large residential units as their alternative with no short term accommodations. Councilwoman Richards said Council has discussed mixed use projects with some fractional and some lodge units to help projects financially. Mayor Klanderud asked if there is awav to increase the number of fractional units within this project. Haas said he has not considered that; however, if the number of units is larger, the fees and employee generation will be greater. Mayor Klanderud reiterated she is not comfortable with the reduction of rooms in this application. Mayor Klanderud suggested this be continued so that applicants can look at the number of units. Councilman Semrau said the criteria about replacement and the number of units is the threshold issue. The reduction from 33 to 22 units is pushing the envelop on the criteria addressing fractional units. Councilman Semrau agreed he would prefer to continue this and let the applicant see if they can increase the number of units. Haas said the applicants have been trying not to demolish the building and keeping the number of units may require demolition. The applicants will see what can be done. Councilwoman Richards moved to continue Ordinance #32, Series of 2004, to November 8; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE #33' SERIES OF 2004, SOldner/BUrlingame Annexation John Worcester, city attorney, told Council the reason for these two ordinances is the result of a three-party agreement between the city, the Soldners and Bar/X in order to facilitate the access road to the Burlingame Village to the westerly portion of the Soldner prOperty. Worcester reminded Council the Soldners deeded some property t° the city and the city granted some property to the Soldners. The property deeded to the city is to be annexed into the city and the property that the city deeded to the Soldners is being disconnected so that all Soldner property lies within the county. This annexation also corrects an error made in the original Burlingame annexation. Worcester showed Council where each of the properties is on the annexation maps. 14 Regular Meeting Aspen City Council October 12, 2004 Worcester said annexation is a legislative act. The standards for disconnecting lands are set out in state statute and only require Council to adopt an ordinance. These ordinances do not transfer any land; they are only changing the boundaries of the city. The property exchanges have already taken place. Mayor Klanderud opened the public hearing. Stephanie Soldner said the land the city gave to the Soldners has high voltage power lines running through it so that it is unusable. Ms. Soldner agreed her family did nor want the road going down the pasture side, they accepted this agreement. Ms. Soldner read a letter into the record and asked for a condition in this ordinance be a requirement that the city not continue or begin any new earthmoving or construction of the road leading to the Village until all land use approvals, site plans, and a community impact study have been approved through the public process. Ms. Soldner noted Burlingame Village would be located 3 mil es from town, located in the middle of a sage, oak environment. Ms. Soldner pointed out the Zolines have said for 8 years they want this to remain a working ranch. This proposed development is in the middle of a wildlife corridor. Ms. Soldner said this is the end of the building season, and initiative petitions are being circulated. Ms. Soldner said the city does not know how much this project will cost. The city has started the process of annexation of the Bar/X ranch. Toni Kronberg said this property is generally agriculture in nature with significant growth potential. Ms. Kronberg said there is nothing urban about this property. Ms. Kronberg noted one of the standards in the annexation statute is that less 25% of said area residents are employed in the annexing municipality. Ms. Kronberg said the Zolines are not employed in the city. Mayor Klanderud pointed out this is not about the Zolines; the city is the owner of this property and is the petitioner for annexation. Ms. Kronberg quoted from the ecological study, "Deer Hill is the largest, high quality mountain sage brush, snowberry habitat in the upper Roaring Fork valley. This ecological community is considered to be globally significant bY the Colorado National Heritage Program". Ms. Kronberg said the city has to look at what zoning would be all owed in the county and what would be allowed in the city. 15 Regular Meeting Aspen City Council October 12, 200,~ Ms. Kronberg said annexation needs to be in compliance with the AACP. The city code says that land for affordable housing should be within walking distance of the center of the city or on transit routes. Mayor Klanderud closed the public hearing. Councilman Semrau noted the city does have the appropriate development and infrastructure permits. Councilman Semrau said when the city proposed to build the road below the Soldner house, the Soldners requested the road be moved above their house. The Soldners deeded over their land. Councilman Semrau asked if the Soldner have changed their mind. Ms. Soldner said they took the lesser of the two evils. They still want the road to the west of their house. Ms. 'Soldner said it is abhorrent that this was negotiated without their participation. Councilwoman Richards said development of affordable housing is dividing the communitv and there are clearlv two factions. Councilwoman Richards noted there are citizens who relied on the August 2000 vote regarding Burlingame and who wonder why this project has taken so long. Councilwoman Richards said some people are upset about the current petition drive. Councilwoman Richards stated some people feel this affordable housing project is a salvation to Aspen as Aspen has always been made up of its people. This property is within the urban growth boundary, ratified in 1993 and 2000. The vast majority of the Zoline property has underlying zoning of one house/10 acres and can become a landing site for TDRs. This property will not sit as open space. Councilwoman Richards stated in the trade with the Soldners, this was the proposal they wanted and there was a financial commitment made to the Soldners for payments from sale and resale of the lots on the Bar/X property. Mayor Klanderud said the reason to acquire this piece of property from the Soldners was the location of the road. Councilman Semrau moved to adopt Ordinance #33, Series of 2004, on second reading; seconded by Councilwoman Richards. Mayor Klanderud said she feels Ms. Soldner's request for a condition is unrelated. Mayor Klanderud stated this property currently belongs to the city whether it is annexed or not. Building the road is not related to this annexation. 16 Regular Meetin~ Aspen Ci,ty Council October 12~ 2004 Roll call vote; Councilmembers Torre, yes; Richards, yes; Paulson, no; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #34~ SERIES OF 200~t - Soldner/Burlingame Disconnect Mayor Klanderud opened the public hearing. Toni Kronberg requested Council let the public know what the land use process will be for development on this parcel. Mayor Klanderud said this is only disconnection from the city property belonging to the Soldners. Mayor Klanderud closed the public hearing. Councilman Semrau moved to adopt Ordinance #34, Series of 2004, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Semrau, yes; Paulson, no; Richards, yes; Torre, yes; Mayor Klanderud, yes. Motion carded. RESOLUTION #101, SERIES OF 200a - Burlingame Parcel D Change Order Approvals Ed Sadler, asset manager, noted there are 3 sections of change order requests; those staff suggests be approved, those that should be denied and those with questions. Sadler noted the change orders staff is recommending approval, there was a course with the waterline; however, an underground storage tank was found under that course and ASW had to relocate their waterline. ASW incurred costs of $15,000 they were not anticipating, which is less expensive than moving and cleaning up a storage tank. There are also costs for moving a phone line, which was not located on any maps. Staff recommends approval of both of these for a total of $17,700. Sadler said there are a number of items that are not recommended for approval, that staff feels are within the control of the development team. There are two costs related to fire sprinklers, change orders 42 and 52, that staff would like direction from Council. Some of these costs are attributable to the aggressive schedule of the project. Sadler said things that were unforeseen or that the city asked to be changed, staff is recommending approval. Issues that were totally in the developer's control, they should be responsible for. 17 Regular Meeting Aspen City Council October 12, 2004 Vince Hooper, ASW, said the developers gave Council a schedule that conformed to the goals of the city. They agreed to and felt comfortable with the schedule. Hooper said there are issues they feel are outside control of the developers. Change order #54 was the fire sprinkler delay. The fire inspector was out of town, could not do the inspections and this delayed the project. Change order #14 was a change in the fire rating for the sofits. The drywell and storm drain caused the developers changes in the design and they feel there is justification to put these changes in place for a better project. Hooper noted change order 42 is in two parts; staff is recommending denial of $69,000. Hooper said change order 43 and 44 relate to keeping the project on schedule, working overtime to make the dates. Change order 49, ASW agrees the city should not be responsible for. Councilwoman Richards noted the memorandum states there are more change orders to come and asked what the city should be expecting. Hooper said ASW is required to bring all change orders to the city and those not outlined in this memorandum are about $28,000. Councilman Semrau said the premise is owner responsibilities that the city was not clear on, should be paid for by the city, like the underground tank. If the city delays .the project and the developer is trying to keep a schedule, the city should pay. If the developer has agreed to do certain things, like sprinkle the building, the city should not have to pay for changes to meet that agreement. Those things the owner did not know or did not disclose should be paid for by the city. Items the developer agreed to, they pay for. Hooper said their only understanding of the developer model is what is in the contract with the city and is very clear about change orders. The contract does not get down to level of responsibility but states if you have a change orders, bring them to the city for discussions. The $59,000 in change order 42 were the testing delays, which would allow the developer to state the sprinkler system was adequate for water flow through the building. Steve Barwick, city manager, suggested he and John Worcester, city attorney, meet with the developer and review those change orders in question based on the philosophy outlined by Councilman Semrau. Council agreed and asked staff to look at the other change orders referenced in the memorandum. 18 Regular Meeting Aspen City Council October 12, 2004 Councilman Semrau moved to approve $17,700 in change orders, Resolution #101, Series of 2004; seconded by Councilwoman Richards. All in favor, motion carded. Councilwoman Richards moved to suspend the roles and extend the meeting to 10:30 p.m.; seconded by Councilman Torre. All in favor, with the exception of Councilman Semrau. Motion carried RESOLUTION//102, SERIES OF 2004 . Opposition to Visitor Center Referendum Ballot Question Mayor Klandemd moved to adopt Resolution #102, Series of 2004, consistent with the position Council took in approving the visitors' center at Galena and Main; seconded by Councilwoman Richards. Councilman Paulson asked if any public funds had been expended on this. John Worcester, city attorney, noted there is an exception in the campaign laws that allow governmental bOdies to adopt resolutions for or against ballot issues. Councilman Torre said it is strange to adopt a resolution on a ballot question when Council was not unanimous in approving the project. Councilman Torre said he would prefer it if Council did not pursue a resolution with Council's name on it. Mayor Klandemd stated all this resolution does is reaffirm Council's decision. Nothing in this resolution was not in the ordinance adopted by Council. Mayor Klandemd said every elected official has the right to campaign for or against ballot issues. Mayor Klandemd encouraged all Council to enter into the debate. All in favor, with the exception of Councilmembers Paulson and Torre. Motion carried. RESOLUTION//103~ SERIES OF 200a -Sandunes Lot Split Amendment James Lindt, community development department, told Council this is located on the southwest comer of Seventh and Main and is a constructed duplex. The applicant is requesting the north side yard setback for the duplex be 19'6". Council approved the lot split in 2000 with the R-15 zone dimensional requirements. The applicant did not provide design notice to the building department when they submitted their plans. The duplex was constructed with a 19'6" setback, which is within the R-15 dimensional requirement. Lindt noted staff believe there is no longer a need for the 19 Regular Meeting Aspen City Council October 12, 20@,~ additional setback because the straight shot of highway 82 was voted down. The 19'6" setback lines the building up better with Seventh than the 25' would have done. John Kelly, representing the applicant, told Council this was a mistake between the applicant and city reviewing bodies based on the fact that the land use approval adopted the R-15 zone district dimensions and nowhere in the ordinance did it state that there was an increased setback. Kelly told Council after the ordinance was finally approved and recorded, a notice was sent to the property owner stating there should be a 25' setback on the north side yard. Mayor Klanderud said it is clear this 25' was requested because of the highway corridor. This 19'6" setback would not be a barrier to the straight shot. Councilwoman Richards moved to adopt Resolution #103, Series of 2004; seconded by Councilman Semrau. All in favor, motion carried. Councilwoman Richards moved to go into executive session at 10:23 p.m. to discuss 3 issues, pursuant to C.R.S. 24-6-402(4)(a), property acquisition particularly Smuggler Mountain, and C.R.S. 24-6-402(4)(b) advice from counsel on the Kinder/Morgan lawsuit and negotiations in the Fry-Ark water exchange; seconded by Councilman Torre. All in favor, motion carried. Councilwoman Richards moved to come out of executive session at 11:00 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to adjourn at 11:00 p.m; seconded by Councilman Semrau. All in favor, motion carried. Koch, City 61er~- 20