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HomeMy WebLinkAboutminutes.council.20000313Regular Meeting Aspen City Council March 13~ 2000 Mayor Richards called the meeting to order at 5:05 p.m. with Councilmembers Hershey, Markalunas, McCabe and Paulson present. PROCLAMATION -Aspen Girls' Basketball Councilman Hershey read a proclamation congratulating the Aspen High School Girls' Basketball team on their fine showing at the state tournament. Council declared March 14th Aspen High School Skiers' and agreed to donate $100 toward a victory party for the school. CITIZEN PARTICIPATION There were no comments COUNCILMEMBER COMMENTS 1. Mayor Richards announced the CAST meeting March 26th in Denver with the state legislators. Any interested Council is welcome to attend. 2. Mayor Richards said March 16th iS the statewide celebration, Liberty Day, celebrating the birth of James Madison, and also reminding everyone how lucky we are to be operating under the U. S. Constitution and Bill of Rights, which was written by James Madison. 3. Councilman McCabe requested items (f) Resolution #29, 2000 - Cozy Point Lease and (g) Resolution #28, 2000 - Marolt Ditch and Drainage System Improvements Contract be removed from the consent calendar and placed on the action items. 4. Councilman Markalunas noted that Kathryn Koch, city clerk, has been awarded Master Municipal Clerk, only the second in the state and 36th in the U.S. City Manager Steve Barwick presented Ms. Koch a plaque. 5. Councilman Markalunas said the Constitution mandates a consensus every 10 years. Councilman Markalunas said it is important to fill out this information. Colorado may receive another congressperson because of the consensus. 6. Councilman Markalunas commended the transportation department on the informational packets on better ways to get around town. Regular Meeting Aspen Cit~ Council March 13~ 2000 7. Councilman Paulson thanked the Sierra Club for pointing out House Bill 2372. 8. Steve Barwick, city manager, requested Council move (f) Ordinance #5, 2000 - Code Amendments, to the first action item. CONSENT CALENDAR Councilman Hershey moved to read Ordinance #4, Series of 2000; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE NO. 4 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL FOR LANDMARK DESIGNATION OF 330 LAKE AVENUE, CITY OF ASPEN Parcel No. 2735-121-28-001 Councilman McCabe moved to adopt the consent calendar as amended; seconded by Councilman Paulson. The consent calendar is: · Supplemental Appropriation RTA Effort · Ordinance #4, 2000 - 330 Lake Avenue Landmark Designation · Request for Funds - Katsuyama Exchange - Appropriates $1500 from Council's contingency · Resolution #27, 2000- Contract Yellow Brick Basement · Reallocation of Funds - Yellow Brick Basement · Supplemental Budget Appropriation for Marolt Ditch Project · Supplemental Budget Appropriations for Electric Shuttle · Board Appointments Liquor Authority - Terry Adriance Board of Appeals and Examiners- Steve Saunders HPC - Mary Hirsch, Jeffrey Halftery (reappointments); Rally Dupps (regular) and Melanie Roschko (alternate) P & Z - Charles Vresilovic (alternate) Growth Management Commission - Anne Uhfelder Deputy Municipal Judge - Pip Porter 2 Regular Meeting Aspen City Council March 13~ 2000 · Board Appointment Burlingame Housing Tabatha Miller, Ed Sadler, Tom McCabe and Helen Klanderud · Request for Interim Funds - Youth Council - Approved $10,000 from Council contingency · Request for Funds - Sister Cities Conference - Approved $2000 from Council contingency · Resolution #18, 2000 - Golf Course Pro Shop Contract · Letter to EPA Urging Stricter Diesel Fuel Standards Roll call vote; Councilmembers Paulson, yes; McCabe, yes; Hershey, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. RESOLUTION #30~ SERIES OF 2000 - Aspen Highlands Annexation John Worcester, city attorney, showed the area proposed to be annexed. Worcester reminded Council state statutes require a public hearing to determine if the proposed annexation meets those statutes. Worcester told Council staff has not finished the financial report to see if it makes sense to annex this area. Mayor Richards opened the public hearing. City Clerk Kathryn Koch reported this annexation has been properly noticed and that there are no other annexations for this area pending. There is 1/6 contiguity. Julie Ann Woods, community development director, stated a community of interest exists between the city and this area. This area is not more than 3 miles away. This is consistent with the AACP. Mayor Richards closed the public hearing. Councilman Paulson moved to adopt Resolution #30, Series of 2000, Aspen Highlands Annexation; seconded by Councilman Hershey. Roll call vote; Councilmembers McCabe, yes; Markalunas, yes; Paulson, yes; Hershey, yes; Mayor Richards, yes. Motion carried. ORDINANCE #5~ SERIES OF 2000 - Land Use Code Amendments, Definitions, Vested Rights, Affordable Housing Mitigation Councilman McCabe moved to read Ordinance #5, Series of 2000; seconded by Councilman Paulson. All in favor, motion carried. 3 Regular Meeting Aspen City Council March 13~ 2000 ORDINANCE NO. 5 (SERIES OF 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND THE DEFINITIONS, AFFORDABLE HOUSING PROVISIONS OF THE GROWTH MANAGEMENT QUOTA SYSTEM, DEVELOPMENT ORDERS, VESTED RIGHTS, AND SPECIAL REVIEW PROVISIONS OF THE LAND USE CODE, RESPECTIVELY SECTIONS 26.100.104, 26.470, 26.304, 26.308, AND 26.430 OF THE LAND USE CODE Nick Lelack, community development department, told Council there are 3 areas to this code amendment. Code amendments to the definition section are intended to clarify terms in the code. The amendments for vested rights should clarify the difference between a development order and vested rights. The affordable housing code amendment is designed to give owners of historic landmarks more flexibility in providing affordable housing mitigation when they increase the size of their property. Lelack said providing housing on site may be incompatible with the historic structure. This code amendment would allow cash-in-lieu for affordable housing if the P & Z or HPC, in a consolidated application, approve. Lelack told Council there is an additional code amendment proposed by Explore Booksellers. This amendment would give the growth management commission authority to waive the affordable housing impact fee for historic structures when no new employees will be generated by the remodel. Lelack said this is not part of staff' s amendment and staff recommends the P & Z review it in full before Council consideration. Lelack said the community development department has some concerns because this amendment represents a change in the growth management, which is based on square footage not counting employees. Lelack said this request to count employees rather than square footage could set a precedent for future land use applications. Lelack said a system based on employees would be more arbitrary and lead to reviews of applicants rather than applications. Nick Lebby said locally owned and operated businesses in Aspen are becoming a thing of the past. Lebby said Explore has contributed a lot to the community. Lebby noted developers often ask for projects and then sell the business. Lebby said if Council wants to keep locally owned businesses, 4 Regular Meeting Aspen City Council March 13~ 2000 they should do whatever they can to encourage businesses to stay and to keep the community as special as it is. Lebby said he does not want to see Aspen becoming the Mall of America West. Lebby said applications have to be judged with a human element. Alan Richman, representing the applicant, told Council the proposed code amendment would create flexibility for historic structures to provide affordable housing off site through cash-in-lieu. Explore Booksellers are proposing an amendment to this amendment. The Explore wants to enclose the deck on the south side of the bookstore with a glass conservatory. The deck currently has 30 sets and when enclosed will only have 26 seats. The applicants propose to eliminate 6 tables in the bookstore. The net effect of the enclosure is no increase in the number of seats available in the winter and a net reduction of seats in the summer. Richman told Council the P & Z and growth management commission, both of who granted approval, considered the application. There was conceptual review and approval by the HPC. Richman noted that the affordable housing impact fee will be in excess of $90,000. The construction budget is $200,000 and the impact fee will increase that by almost 50 percent. Since the net effect is a reduction in the number of seats year round, this will not change the total number of employees. The proposed remodel will improve the shopping and dining experience by not mixing the two. A small elevator will be added so that people can gain access to the second floor. P & Z and growth management commission concurred there would be no new employees generated by this and as a condition of the approval, the applicants made the representation they would be willing to have the businesses audited in the future. Richman said the formula in growth management exemption states that any addition that increases both floor area and net leasable must be mitigated. The proposed expansion does increase both floor area and net leasable. The city attorney has opined that only Council can waive the fee or amend the code. Richman noted that growth management exemption does allow certain types of expansions in commercial landmarks without housing mitigation. This exemption was created as an incentive for historic preservation and states if you expand a historic landmark in a way that either increases its floor area or its net leasable but not both, one is exempt from housing mitigation as well as growth management. Richman said his proposal is not something that has 5 Regular Meeting Aspen City Council March 13~ 2000 never been done. Richman said the applicant looked at digging out a basement as office space, which, because it is sub-grade would not be increasing the floor area and would be exempt from housing mitigation. The applicant rejected that because the employees would be located in a space without windows. Richman said there is 650 square feet on the second floor under the eaves where a person cannot stand up but this space is counted toward floor area as usable area. It is used only for storage. An option was to raise the roof and use this space for the bookstore as this area is already counted as floor area. This option was rejected as the wrong solution from historic preservation perspective. Richman said it is not always true that adding net leasable is adding employees. Richman said focusing on net leasable may not be what the city is trying to regulate in growth management. Richman noted staff and the commissions that have reviewed this agree there is no growth impacts for this particular amendment. Richman requested Council waive this fee and then amend the code to that projects are reviewed based on their impacts rather than square footage. Richman said this would only apply to historic projects and the fee would be waived only when there are no new employees generated. Richman said there are few businesses that are historic landmarks that can do an expansion with no growth impacts. John Worcester, city attorney, told Council they do not have the authority to waive this fee without a code amendment. Mayor Richards opened the floor for public comment. Gary Luhnow, landscaper, told Council this is a very beautiful and eclectic business and building. Luhnow said this business should not be lost. Luhnow said the proposed addition would be an asset to the alley. Barbara Conviser said the Explore is something totally unique in this community which is threatened with becoming homogenized. Pat Fallin said she supports this amendment as Council needs to preserve locally owned businesses. John Callahan said Explore Booksellers is one of the jewels of Aspen and if Council can reward them for being good citizens, Council should do anything to keep them in Aspen. Su Lum said she loves Explore Bookseller; 6 Regular Meeting Aspen City Council March 13~ 2000 they are a wonderful resource for the town. Dr. Whitcomb said Explore Bookseller is one of the few places where he feels like he belongs to Aspen. Whitcomb said he would hate Aspen to lose this business over a technicality. John McBride said Aspen used to have a lot of individually owned interesting businesses, which was one of the things that attracted people to this town. McBride said Council needs to do all they can to keep any locally owned business in operation. Dick Butera said there are many institutions that come to the city for contributions. Explore Booksellers is an important institution to Aspen and should be helped. Christie Kienast told Council Aspen really needs this business. Mike Stranahan said Explore is a cultural institution and is what makes Aspen like a college town. June Kirkwood said this is a wonderful opportunity to help a local business. James Salter said he cannot imagine a world class town without a bookstore and whatever must be done to over come this technicality must be done. Elizabeth Boyles said the Explore is more than a bookstore and is a community gathering place. Tim McFlynn urged Council to do what they can so that the price for this expansion does not result in no bookstore. Hugh Wise noted the Constitution is a living document that changes with time to meet the exigencies of circumstances and the need to accommodate people. Wise said Explore Booksellers is the best store in town and Council should figure out how they can help. John Noonan told Council he does a radio interview show on books and without the Explore, there will be no place to buy these books. Noonan said the city should help perpetuate this treasure. Helen Palmer said Explore is more than a place to get books; it is the heart and soul of this community and is one of the things that make Aspen special. Jesse Boyce said if people do not support locally-owned businesses, they will go out of business. Explore Booksellers is a community meeting place and is also the only organic dining place in town. Boyce implored Council to preserve this business. Scott Hicks said a large issue is affordable housing mitigation. This is a situation where there is no net increase in employee generation. This proposal is helping the store serve their clientele better. Zetta Fedder said the Explore does not just sell books; it provides 7 Regular Meeting Aspen City Council March 13~ 2000 others services like helping out Great Books and book groups. Ms. Fedder said it would be a tragedy to lose this institution. Robert Harth agreed with all supporters and urged Council to make this decision soon and let the Explore get their business done. Peter Guy said he supports mitigation wholeheartedly; however, this seems to be a situation where mitigation is not necessary. David Fleisher told Council it is very difficult to be a small, individual business in Aspen. Fleisher said he hopes Council can figure out a creative way to allow mitigation based on net employees not simply based on square feet. Warren Konauer said Explore Bookseller has become synonymous with Aspen. Konauer urged Council to look upon this request favorably. Ellen Hunt said this is an opportunity to make a stand for community. James Peterson said Explore Booksellers is a wonderful, charming example of historic architecture and is very well cared for. The business is unique. Council needs to apply logic and reasonableness and try to accommodate small businesses in this community. Bill Stirling said a Council cannot always anticipate all situations that will arise when drafting ordinances. The philosophy of the city is that developers should pay their way for growth. The factor in this application is that this does not generate growth. Stirling said the city may not need affordable housing if small businesses keep disappearing. Stirling said Explore Booksellers wants to revitalize their business. Legislation is written so that Council has certain discretion. Stirling said Council is elected to look at the long term best interest of the community. Council agreed with the change in the ordinance that historic landmarks should have the ability to be more flexible in providing affordable housing with cash-in-lieu. Council also agreed with the other changes in Ordinance #5. Councilman Hershey stated he is a great supporter of affordable housing. Councilman Hershey said the original intent of this legislation is to mitigate for housing when growth is generated and this proposal is not going to generate growth. Councilman Hershey said it would be a big loss to the community to be without Explore Booksellers. Councilman Hershey moved to approve Alan Richman's amendment as part of this motion and not go back to P & Z in order not to delay the project; seconded by Councilman McCabe. 8 Regular Meeting Aspen City Council March 13~ 2000 Worcester told Council the land use code sets forth the procedure for amending the code and it allows Council to initiate code amendments in an emergency situation. What is an emergency is up to Council. Worcester suggested Council amend Ordinance #5 to include Richman's proposal, pass the ordinance on first reading, and send it back to P & Z for their review before second reading. This will not add any time to the procedure. Councilman Hershey amended his motion to amend Ordinance #5 to include the recommended language from the applicant; seconded by Councilman McCabe. Councilman McCabe said as a small business owner, he is sympathetic to the application. Councilman McCabe agreed Explore Bookseller is a special place in Aspen. Councilman Markalunas said Aspen has lost so much history already and he will support this as he does not want to lose any more of Aspen. Councilman Markalunas said he supports this amendment as long as it is tied to historic landmarks. Councilman Paulson asked what if this business sells and the new owners add more employees. Richman noted that bookstore and Bistro is a conditional use and if the operation changes and there is an increase in employees, the city can address that. Mayor Richards asked for second reading, staff submit a memorandum regarding change in use and mitigation required for change in use. Richman reminded Council the applicants have agreed to an audit of the business, so if this business changes the city can address an increase in employees. Councilman McCabe asked if the applicant will supply a letter stating that the tables being removed in the bookstore will not be put back. Richman said he would be glad to. Lelack told Council the conditional use approval for the Bistro in 1989 limited this to 50 seats. Mayor Richards agreed square footage is an imperfect standard; however, Council cannot be the judge of whether a business will make it with X number of employees. Mayor Richards said the difficulty of maintaining a historic structure and operating within a structure not design for this use merits special consideration. The amendment is tied to the historic designation. Mayor Richards the amendment also addresses improving without enlarging. Mayor Richards said she would like staff to make sure 9 Regular Meeting Aspen City Council March 13, 2000 they develops criteria so that Council will not be waiving large amounts of affordable housing. Mayor Richards suggested the amendment be changed so that the affordable housing can be "waived, reduced or deferred" to give future Councils options. Mayor Richards noted that this community and its future does hinge on affordable housing. Mayor Richards asked that people support affordable housing projects in the future like they have supported this code amendment to help keep this community viable. Councilman Hershey amended his motion that the affordable housing can be waived, reduced or deferred by Council; seconded by Councilman McCabe. Roll call vote; Councilmembers McCabe, yes; Hershey, yes; Paulson, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. Mayor Richards moved to adopt Ordinance #5, Series of 2000, on first reading as amended; seconded by Councilman McCabe. Roll call vote; Councilmembers Markalunas, yes; Hershey, yes; McCabe, yes; Paulson, yes; Mayor Richards, yes. Motion carried. DESIGN APPROVAL WHEELER LOBBY BAR RENOVATION Nida Tautvydis, director Wheeler Opera House, told Council this project has been discussed for several years. The Wheeler is trying to serve customers better by increasing the linear service space of the bar and moving the storage to make this a more user friendly and efficient space. Ms. Tautvydis told Council she has worked with the bar staff, Wheeler staff and Board of Directors, the asset management and building departments and historic preservation staff. Jim Colombo, designer, said the existing bar is small with little or no storage. There is a need for quick service as there is not much time at intermission. There is also a need for flexibility for the different types of functions. Colombo showed renderings of the proposal to elongate the bar to include 3 stations, more counter space, storage, coolers and more display area. This will be accomplished by elongating the bar to the west into the men's bathroom area. This will still leave handicap access to the bathroom. Colombo noted the soffet will be replaced over the bar and the new soffet area will contain storage. This design compliments the historic nature of the 10 Regular Meeting Aspen City Council March 13, 2000 Wheeler without trying to copy it. There will be a mirror behind the bar to reflect the mountains into the area. Ms. Tautvydis told Council there was a recent structural analysis done on the building and this remodel will be within code. Councilman Markalunas suggested another water cooler on the west side of the lobby so that patrons do not get all crowded at the one water fountain. Councilman Markalunas moved to approve and accept the design of the lobby bar; seconded by Councilman Hershey. All in favor, motion carried. RESOLUTION #26, SERIES OF 2000- Contract Wheeler Lobby Bar Renovation Councilman Paulson moved to approve Resolution #26, Series of 2000, contract with Colombo International, for the Wheeler Lobby Bar Renovation; seconded by Councilman Markalunas. All in favor, motion carried. RESOLUTION #31, SERIES OF 2000 - RFRHA Comprehensive Plan Councilman Markalunas moved to continue Resolution #31, Series of 2000, to March 27; seconded by Councilman McCabe. All in favor, motion carried. MAA/WEST END SUPLEMENTAL FUNDING REQUEST Claude Morelli, transportation planner, requested Council approve the west end plan and also approve supplemental funding for phase one of this plan. The plan has been reviewed and recommended by P & Z. Morelli pointed out P & Z added that after phase one is implemented, there will be an evaluation of the success of it and a possible reevaluation of phase two. Morelli said the requests for funds are $5,000 for improvements to the MAA lot to improve circulation; $30,000 improved transit service to the tent; $10,000 for a marketing campaign; $5,000 parking and traffic management; $3,000 for an on-going monitoring program and $5,000 for management and oversight to integrate the plan. Morelli said the physical improvements for this spring are relocating the RFTA bus stop to the north side of the MAA public parking lot with a paved transit platform. This stop will be connected to the path leading to the tent. 11 Regular Meeting Aspen City Council March 13~ 2000 There will be a new transit lane along the north edge of the parking lot to the new stop. There will be a reconfiguration of the parking lot for better circulation. There will be a paved path along the west edge of the parking lot to the street. Bicycle parking spots will be installed. Morelli said the transit service will include the current student shuttle supplemented with the tent shuttle. This shuttle will run from the commercial core to the tent when there are concerts. These vehicles will be small like those currently used on the cross-town shuttle. Morelli said the parking campaign will include a brochure, newspaper ads, and contacts with lodges, restaurants and business owners to spread information on the alternative transportation methods. The parking and traffic management will include some parking restrictions on Third and Gillespie and traffic direction to allow transit vehicles easier access to the tent. There will be evaluation of this program, which will include surveys. Morelli noted the MAA will be responsible for the costs of physical improvements on their parking lot. MAA has committed to survey attendees and also to provide parking management in the MAA public parking lot. Ed Sweeney, MAA, told Council he feels this study of west end traffic was the most productive in years including actual vehicle count and surveys of how people get to the tent. Sweeney said there is concern with some issues in phase two of the plan, like paid parking; however, these will be addressed later. Sweeney said the MAA parking lot is not large enough to accommodate all cars for concerts and they need to rely on street parking in the west end. Sweeney told Council they have priced out upgrading the parking lot and the bid was $300,000, much higher than anticipated. Sweeney pointed out the two parking lots are at different grade and tying them together would require a lot of earthwork, electric work to meet the new lighting ordinance, and ditch relocation. Sweeney said completing the tent is the highest priority with the MAA and with their contractor. Sweeney told Council the MAA is committed to better management of the parking, to helping with marketing, surveying the audience. Sweeney said it is not realistic to reconfigure the parking lot this summer. Sweeney said the physical improvement of the parking lot is not necessary to start the transportation alternatives program. 12 Regular Meeting Aspen City Council March 13~ 2000 Councilman Markalunas said he is disappointed the parking lot will not be improved this summer. The condition of the parking lot is very bad. George Vicenzi thanked Council for acknowledging the traffic problem and for allocating funds for the study. Vicenzi said this has been a cooperative effort with the MAA. Vicenzi said the neighbors have agreed to a few big buses to help move people with the understanding this is a temporary situation. Vicenzi encouraged Council to spend money for quieter buses to eliminate the noise and pollution caused by larger buses. Bill Stirling said Council has focused on the entire transportation picture for this area and on the larger, polluting buses. Sweeney told Council the MAA plans to double the number of staff to help out with parking management in the lot. Staff will hold cars in order to give buses priority. Councilman Hershey said he, too, has concerns about phase two and the paid parking aspect of the plan. Mayor Richards said she feels the cost of the brochure may be excessive for an 8 or 9 week use. Mayor Richards said the marketing materials need to be closely coordinated between the city, MAA, RFTA. Mayor Richards suggested delineating which costs are one-time and which are on-going. Councilman Markalunas said whatever can be done to encourage pedestrians will help the neighborhood, the MAA, and the whole experience. Morelli said the transit service will be funded by the city at this time. There may be shared costs with the MAA in the future. The congestion free route is traffic management and will be a city expense. Morelli said the marketing expense will also be a shared cost. On-street parking management will be city parking control officers and the budget is for over-time for these officers. The monitoring costs for bus rider survey will be RFTA responsibilities. Morelli suggested hiring an outside firm to conduct a survey of riders, audience and others and the costs would be shared with the MAA. Morelli said he made a guess at a budget number of management as to make the programs successful there should be a person in the field making sure everything is working. Randy Ready, assistant city manager, suggested Council make a one-year appropriation from transportation fund balance. During the 2001 budget process, staff will return with an evaluation of what worked and what did not. Mayor Richards said the funds the city is putting up should be an 13 Regular Meeting Aspen City Council March 13~ 2000 assistance and support to the MAA as a valuable component of the community. The city should also make sure there is ridership for the money being spent. Councilman Markalunas said the city is spending money to solve a problem the MAA has created. Councilman Paulson moved to approve an allocation of up to $58,000 as staff continues to work with the MAA to implement this plan; seconded by Councilman Hershey. Roll call vote; Councilmembers McCabe, yes; Markalunas, yes; Hershey, yes; Paulson, yes; Mayor Richards, yes. Motion carried. ORDINANCE #6~ SERIES OF 2000 - Williams Ranch PUD Amendment Councilman McCabe moved to read Ordinance #6, Series of 2000; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE NO. 6 (SERIES OF 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND THE WILLIMAS RANCH PLANNED UNIT DEVELOPMENT APPROVAL. Councilman Markalunas left the room due to a conflict of interest. Chris Bendon, community development department, told Council this is a two lot subdivision, Williams Ranch and Silverlode. This was a 70/30 affordable housing project of 50 units, 15 free market and 35 affordable housing units, approved in 1990. One amendment is a ditch feature that was required to be in the open space parcel owned by the homeowners association. Bendon told Council the Salvation Ditch went through this area and there was concern to keep this aesthetic. The condition was that the developer create a ditch-like feature. The Salvation Ditch is not amendable to having water taken out of their ditch and the ditch no longer goes through this parcel. The homeowners do not want this ditch feature. P & Z agrees. Council's concern was for the aesthetics of the parcel; the homeowners have reseeded and taken care of this parcel. Staff recommends the area be reseeded and that the money that would have been used to create the ditch go to the homeowners to reseed this area. 14 Regular Meeting Aspen City Council March 13~ 2000 The second amendment deals with sidewalks and trails. Bendon told Council there was a requirement for sidewalks on one side of the street. During the original approvals, the community development department staff recommended against sidewalks as this area should retain an rural aesthetic. The engineering department wanted sidewalks on both sides of the streets. The compromise was sidewalks on one side of the street. The current condition is a limited car way with a drainage swale at the edge of the property to give a more rural feel. The community development department is recommending that sidewalks not be installed. Mayor Richards asked if the sidewalks were an obligation of the developer. Bendon said it was an obligation of the developer to install sidewalks on one side of the street. Mayor Richards noted not installing sidewalks would be a substantial savings for the developer. P & Z concurred with the community development department, as does the homeowner's association. The next amendment deals with trails. A series of trails cutting through the subdivision were platted. There was a horizontal trail and a vertical trail, of which the last two sections were developed. The upper section of the vertical trail was platted and required only if something happened above the subdivision. Only the open space section of the horizontal trail has been developed. Bendon noted the southern portion of the trail will be difficult to build because of grade and a boulder wall. Bendon said there can be a trail connection through the vertical trail rather than the southern portion of the horizontal trail. There is a concern from adjacent neighbors about the center of the vertical trail. The homeowners association requests that the trail not be developed and staff concurs. There are other ways to get to the Lani White trail connection. P & Z felt that the developer promised a trail and could have figured out the topography when the trail was platted. It was the responsibility of the developer to build this trail. Bendon noted there are some soil erosion issues. At the time of the original approval there was a concept that the Smuggler mine might reopen and there was concern about this activity. The agreement required soil erosion control for a road. The plans for Smuggler mine have not gone forward. Only the residential portion of this development was annexed into the city. This was not a condition of the ordinance but only on the plat. Staff is recommending that this be dropped. 15 Regular Meeting Aspen City Council March 13~ 2000 There is concern about the emergency access from Spruce street to the cul- de-sac on Silverlode drive. The first half is paved and the second is paved with grass locking pavers. City staff signed off the installation; however, it appears that the easement was used by construction traffic and there is concern from the fire department and staff on the usefulness of this access. The access easement is a requirement of the homeowner's association and staff is proposing that any funds returned for the recovery of the open space parcel be contingent upon the fire marshal re-inspecting this access. Jay Parker, homeowner's association, told Council they concur with every except the fire access easement. Parker said the homeowner's believe the damage was from lot 1 construction and should be fixed by that owner. One homeowner said they feel the water feature is unnecessary. The homeowners also agree this is a rural area and sidewalks are not necessary. The trail is redundant as there is access through Centennial. Garrett Brandt, representing the developer, told Council there is $10,000 in escrow. Staff is recommending this be returned to the homeowners, after looking at the emergency access situation. Brandt said the developer agrees with releasing the money for these obligations. Mayor Richards said she would like more specificity at second reading on what costs are outstanding, like remedying the fire access, before releasing any funds. Bendon told Council he will look at what is public and what is private obligations. The parks staff will review the trails options before second reading. Council agreed with letting the ditch go. Mayor Richards said she wants to see how the trails and access through the property connect. Mayor Richards said she does not want to have the property cut off to hikers and walkers in the Smuggler area. Mayor Richards suggested looking into a sidewalk along Freesilver Court as an access. Councilman Paulson moved to adopt Ordinance #6, Series of 2000, on first reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Paulson, yes; Mayor Richards, yes. Motion carried. Councilman Hershey moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilman Paulson. All in favor, motion carried. 16 Regular Meeting Aspen City Council March 13~ 2000 RESOLUTION #29~ SERIES OF 2000 - Cozy Point Lease Councilman McCabe questioned the fact that there is no rent payment for the first year. Rebecca Schickling, parks department, said the city has owned this property since 1994. The property has deteriorated due to short term management agreement with little maintenance. Ms. Schickling said staff felt a break on the first year's rent would help the new operator get established and make capital improvements. Ms. Schickling the lessee feels his can increase the revenue on the property as improvements are made to the property. Councilman McCabe asked what improvements the tenant will be responsible for. Monroe Summers, lessee, said he will put in about $70,000 immediately. Summers presented a business and financial plan. Summers said his projections show a $71,500 loss the first year and a $2800 loss the second year. Summers told Council most of the boarders have moved off the property because of dissatisfaction with the management. Summers told Council the money will go toward operating equipment, toward rehabilitating the 4 rental units, fixing the barns, cleaning up and repainting the barn. Summers told Council the city is committing to repairing the irrigation system. Councilman McCabe said he is concerned as this does not look like a good deal for the city. Ms. Schickling told Council the city has received proposals for purchasing this property; however, this would have to go to a vote of the electorate. Mayor Richards said this is a valuable piece of open space. Mayor Richards said this has been a difficult property as the city never wanted to add staff to manage the property. The horse operations have not made a lot of money. Mayor Richards said this contract is to maintain and improve the asset. Councilman Markalunas said the city has provided open space for the entrance to Snowmass. Councilman Markalunas said he is disappointed that neither Pitkin County nor the Town of Snowmass have given any money to be panners on this property. Councilman McCabe asked about fixing the bridges. Ms. Schickling said the road has washed out and the bank is eroding. The bridges need to be repaired to be usable and to have contiguity with the rest of the open space. Ms. Schickling said the fence along the highway also needs to be repaired in 17 Regular Meeting Aspen City Council March 13~ 2000 order to keep this property usable by horses. Mayor Richards asked about a landscaping plan along the highway. Summers said he has made a commitment to restore the field and improve the look along the highway. Councilman Paulson said he wants staff to make sure this lease is being monitored and the property is being taken care of. Mayor Richards seconded this and said she is highly supportive of the success of this ranch. Councilman Markalunas moved to approve Resolution #29, Series of 2000; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #28~ SERIES OF 2000 - Marolt Ditch and Drainage System Improvements Contract Councilman McCabe asked if the roundabout necessitates these improvements. Randy Ready, assistant city manager, said they are not due to the roundabout. These improvements are necessary in order to increase the capacity of the ditch so that it does not overflow and flood properties along the ditch. Ready said there will be more demand on the system and the ditch needs sufficient capacity so that it will not overflow. Councilman McCabe said some homeowners have contacted him and said their cost for untreated water is going up substantially. Councilman Markalunas said the Marolt Ditch is an adjudicated ditch and the city has the responsibility to confine the water to the ditch. Steve Barwick, city manager, suggested this be continued so that staff can get comments from the homeowners. Councilman Hershey moved to continue the meeting and Resolution #28, Series of 2000, to Tuesday, March 14 at 4 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas moved to go into executive session at 9:25 p.m. for the purpose of discussing property acquisition; seconded by Councilman Paulson. All in favor, motion carried. Councilman Paulson moved to come out of executive session at 9:55 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. 18 Regular Meeting Aspen City Council March 13~ 2000 Kathryn S. Koch, City Clerk 19 Regular Meeting Aspen City Council March 13~ 2000 PROCLAMATION - Aspen Girls' Basketball ............................................ 1 CITIZEN PARTICIPATION ....................................................................... 1 COUNCILMEMBER COMMENTS ........................................................... 1 CONSENT CALENDAR ............................................................................. 2 · Supplemental Appropriation RTA Effort ............................................. 2 · Ordinance #4, 2000 - 330 Lake Avenue Landmark Designation .......... 2 · Request for Funds - Katsuyama Exchange - Appropriates $1500 from Council's contingency .............................................................................. 2 · Resolution #27, 2000- Contract Yellow Brick Basement .................... 2 · Reallocation of Funds - Yellow Brick Basement ................................. 2 · Supplemental Budget Appropriation for Marolt Ditch Project .............. 2 · Supplemental Budget Appropriations for Electric Shuttle .................... 2 · Board Appointments ............................................................................ 2 · Board Appointment Burlingame Housing ............................................ 3 Tabatha Miller, Ed Sadler, Tom McCabe and Helen Klanderud ............... 3 · Request for Interim Funds - Youth Council - Approved $10,000 from Council contingency ................................................................................ 3 · Request for Funds - Sister Cities Conference - Approved $2000 from Council contingency ................................................................................ 3 · Resolution #18, 2000 - Golf Course Pro Shop Contract ....................... 3 · Letter to EPA Urging Stricter Diesel Fuel Standards ............................ 3 RESOLUTION #30, SERIES OF 2000 - Aspen Highlands Annexation ...... 3 ORDINANCE #5, SERIES OF 2000 - Land Use Code Amendments, Definitions, Vested Rights, Affordable Housing Mitigation ......................... 3 DESIGN APPROVAL WHEELER LOBBY BAR RENOVATION ........... 10 RESOLUTION #26, SERIES OF 2000- Contract Wheeler Lobby Bar Renovation .................................................................................................. 11 RESOLUTION #31, SERIES OF 2000 - RFRHA Comprehensive Plan ..... 11 MAA/WEST END SUPLEMENTAL FUNDING REQUEST .................... 11 ORDINANCE #6, SERIES OF 2000 - Williams Ranch PUD Amendment RESOLUTION #29, SERIES OF 2000 - Cozy Point Lease ....................... 17 RESOLUTION #28, SERIES OF 2000 - Marolt Ditch and Drainage System Improvements Contract ............................................................................... 18 20