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Home My WebLink Aboutminutes.council.197906252664 Regular Meeting Aspen City Council June 25, 1979 JOINT MEETING WITH COUNTY COMMISSIONERS 1. Annexation of County Land. County Manager George Ochs told the Boards the City Attor- ney has requested the County consideration annexation of property owned by the County for Annexation of purposes of contiguity with the City of Aspen property so that the proposed water plant county land housing could be annexed. Commissioner Edwards said the County did not know a lot about the housing project, and it would be a good time to get some sense about it. Edwards said waterplant his immediate concern is that the City wants to annex to get out of the County regulations. No. 1 Edwards said he did not want to subject the County's 10 acre parcel through annexation to the City's regulations if they want to develtop it' in the future. This would lessen the City's burden and increase the County's. Edwards said this 10 acre parcel of the County's Ks developable land and will be appropriate for something. City Attorney Stock suggested taking a small strip of land near the r~ght-of-way and leave the majority of the site in the County. Councilman Parry said the reason the City is doing this is to get the project done more quickly. Stock noted under the County regulations, it would be October or November before the City would have approval, and the City could not break ground this fall. Mayor Edel said he understood the County's feeling, and the only reason the City asked for the i0 acres is that they do not have the authority to bifurcate land without the owner's approval. Commissioners Kinsley said if the County bifurcated their land, they would be subject to two processes if they wanted to develop it. Stock said if they were willing, the City could just take a 10 foot strip and use that as access. Stock told Council the City would have to go through two processes in order to annex the entire water plant site. Mayor Edel pointed out the City is doing this because of employee housing, and that is the paramount issue. The City is not trying to subvert any processes. Commissioner Kinsley said he would go for the 10 foot strip. Child agreed that maintained a more logical City/ County property line. Stock told the Boards he would work with County Attorney Cruller on the details. 2. Job Service Center. Brian Stafford explained to the Boards this Aspen office was-set up as a temporary office and a branch of the Glenwood Springs office. The StateLeg~slature.J°b Servic~ Center has cut back $1,000,000 on funding and are going to cut back the staffing of this office. The office was closed early June. Bert Carlson told Stafford if the City and County want to have a Job Service Center reopened upon the state control and administration, they will need a new office of 800 to 1,000 square feet and to provide access to the handicapped, and the funding of a director at $14,000 plus. Stafford told the Boards it is likely the City and County would have to pay for an additional staff person at $10,000. This is $24,000 costs plus free rent. There is one proposal to put the job service center at the Community Center and have the City and County split the cost of the wages. Stafford said that Jere Rood had been running this on a volunteer basis at the Wheeler. Typically the month of June is running at a 12.8 per cent unemployment rate. The Job Service Center places about 1,000 per year, which is about 13-1/2 per cent of the labor force. Gene Marsh said this proposal had not been brought to the Community Center Board, but the only available office space is 100 square feet. The Board's policy is not to give out free rent. Jere Rood told the Boards he had started this years ago and felt it is a service both to the employer and employee. Rood pointed out right now the season is begin- ning, and there is a need to match up people in both directions. Judy Dysart, the former director, was very successful in getting employers to associate with this service. Rood said he would like to see the City and County fund this service for June, July and August and hold it to an accountability situation. Mayor Edel asked why the City and County were tying up with the State and what they are giving in return. Mahoney said the State was either going to be in the employment r~j~iness or not. Mahoney said he felt the State ought to answer~some questions and explai~ing~about why they are doing this, and pulling back staff in the outlying communities. Staffo-'rd agreed that answers should be given. One of their complaints is that they have had two accidents on the stairs at the Wheeler. Commissioner Edwards said this performs a service for the business community and it ought to be handled by the Chamber as a valid service of their organization; it is primarily to their benefit. Child said this is providing a community function; these people are needed to keep the community going. The City and County do have a degree of responsibility, but the Chamber should be approached. The Community Center is a place for people to meet, not for offices, and is a long way removed from town. Stafford said he felt the Chamber did not want to get ~nvolved. Kinsley said this is a service for workers, and the State ought to be leaned on. Mayor Edel suggested putting together a joint committee to look into all the aspects of this and come back to the Boards with a solution. Rood said that $2,0.00 will run this service until August 30 while they are investigating this. The service will do both jobs and housing service. Rood said he needed a typewrites and t~lephone. Kins~e~said he would like the budgeting analyzed by Mahoney and have this ---~only/~ea~l~with job ~2. Councilman Isaac said he would like to see some placement resultb~__/Child note~t~s might weaken the City and County bargaining position with the State if they pick this up. Councilwoman Michael moved to provide telephone service and some ~ace for Jere Rood's operation for two weeks while we create some kind of accountability system for the money funded, contact the State, contact the Chamber and be prepared to spend more money in the future, ceiling of $500; seconded of Councilman Behrendt. All in favor, motion carried. ~eguiar Meeting Aspen City Council June 25, 1979 COUNCIL MEETING MINUTES The minutes of May 29, May 30, 1979, were approved. CITIZEN PARTICIPATION 1. Tony Canton told Council he noticed the City now has 1/2 hour parking in the downtown commercial core. This presents a harrassment for the tourist and local. People cannot 1/2 hour shop or eat in that length of time. Canton said he has talked to a number of merchants parking in and restaurant people and they are in agreement against this 1/2 hour parking. There is c~u~ercial a parking problem, and the Rio Grande is not the solution. It is not helping the gas core situation by making everybody move around every 1/2 hour and using more gas. Canton stated the police do not have the manpower to enforce this, and it is selective law enforcement. Mahoney told Council this 1/2 hour parking came from a transportation study and one was of the recommendations after many interviews and research. Council directed the adminis- tration to implement the recommendations. H. J. Stalf reported the study showed a lack of short term parking in the area around the mall. The merchants in that area were asking for high turnover parking. Councilman Behrendt pointed out the locals know what to do about parking in the downtown. Tourists may not know, and a small sheet telling about parking regulations. Stalf said the idea was to have the area closest to the mall 1/2 hour and the one hour parking further away. Mayor Edel said the City is trying to get people to the Rio Grande for longer time parking. (Councilman Van Ness came into Chambers). Mayor Edel stated to be fair to the test, the City will have to give it adequate time. Councilman Parry agreed he had to go along with giving the test; this is what people said they wanted after the study, and the City is trying it. Councilman Isaac pointed out this Council has not discussed parking in general, and fixing up Rubey..Park and Rio Grande. Chief of Police McClung told Council they do have a manpower shortage and this has been difficult to enforce. McClung stated he was willing to try it. Mayor Edel said the City would conclude this test and it should be done in six weeks. Curt Baar said the only-constructi~a thing Council has done for the!<parking problem is to install timed parking. Baar said he hoped this Council would create a parking facility near the downtown area. Councilman Van Ness asked for a report at the next Council meeting. Councilwoman Michael asked that Stalf talk to the merchants in the downtown and get their comments. COUNC ILMEMBER COMMENTS 1. Councilman Parry asked to set up a time to go over and study the parking recommenda- tions. What was presented to the City was a good plan. Council scheduled a study session for Monday, July 2, at lunch. 2. Councilman Isaac said he hoped the other Councilmembers had gotten to the Visual Arts Visual Arts Center. It is an incredible building, and they really put together a goo~ show. Center Councilman Isaac said he hoped within two years this Council could get the Wheeler Opera House into the same shape. 3. councilman Van Ness said it is still too hot in the Council Chambers. 4. Councilman Van Ness said at last Friday's meeting, the Council touched on areas worth going into in more depth; what is the proper role of the Mayor, the City Manager, etc. Councilman Van Ness said he would like to continue the discussion on personnel and policy. Council scheduled an executive lunch Monday, July 9. Councilwoman Michael said she felt the Council should be clear on what is executive and what is not. If Council is talking about job descriptions, it should be public. 5. Councilman Isaac noted on Thursday and Friday there will be a conference on housing put on by COG. It would be good if Council could attend some of the sessions. 6. Councilman Van Ness told Council he had attended the CML conference, and feels it is an excellent idea for Councilmembers to participate in these functions. Councilman Van Ness said he met city officials from all over, discussed mutual problems, and learned quite a bit. Ski c~u~nity 7. Mayor Edel told Council a committee will be formed of ski communities to work on cormlittee problems of mutual interest. These communities are all suffering from the same problems. LIQUOR LICENSE RENEWAL - Sargeant Pepper's Liquor License Tom Dunlop told Council there are some outstanding health conditions that have not been renewal - Sgt met, and they are supposed to give him a commitment in writing these will be cleared UP Pepper's before they open. They do not plan to open until the fall. Dunlop requested that a conditional hold be placed on the license. Councilman Isaac asked what the owner is planning to do with this. Jim True, representing Sargeant Pepper's, said the owner wishes to sell but does have intentions of opening in the fall. Mahoney said the bigger issue is the Council has to address the weakness of the industry, it is not healthy right now. Councilman Parry said there is no guarantee that any business will not go bankrupt, and the Council cannot address one of them simply because they review it. Councilman Van Ness stated this issue comes up everytime Council discusses a liquor license. Councilman Van Ness said he would like to hold a special meeting and debate the whole thing once ~and for all and come up with a policy. City Attorney Stock recommended to Council if they approve the license to approve it conditionally until they are in compliance prior to opening. If they are not, they are subject to a suspension and revoca- tion hearing in front of Council. ~egu±ar meeting Aspen City Council June 25, 1979 Councilman Behrendt moved to approve the renewal subject to Stock's comments; seconded by Councilman Parry. All in favor, with the exception of Councilman Isaac. Motion carried. VENDING CONTRACT - Peppermint Patti Councilman Behrendt moved to approve the contract; seconded by Councilman Isaac. All in Vending contrac~ favor, motion carried. Peppen~int Patti REQUEST TO USE SPACE BY TOM'S FOR VENDING Both Tom Dunlop and Bob Jacobs told Council they had no problems. Curt Baar told Council Vending request they wanted to use the space vacated by the old newspaper racks outside the store to sell Tom's Market fruits and vegetables. Councilman Isaac asked if people would still be able to walk on the sidewalks. Baar answered yes. Stock told Council Section 13-61 says one cannot vend on sidewalks unless they have a license from Council. Council has to make the determina- tion, to look at what is going to be done, income to the City, the disruptive nature. Stock said in the past Council has not allowed sidewalk sales unless it was a con~muni~y event. Curt Baar said this p~Qlicy was directed against out-of-town vendors Who opened up their trucks on City private.I' Baar pointed out the City had opened up propertY to merchant~ ~ in the mall for restaurants. Councilman Behrendt pointed out if there is already an easement there, is the City in less trouble of establishing a precedent as it already exists. Mayor Edel agreed if Council passes this, are they opening themselves up to something that is going to demean the town. Stock said because of the Constitutional requirement to treat people equally, if they have a similar license with similar facts, they will have to grant the license. Mayor Edel noted if there is something unique about this application, the Council could rely on this. S~ock told Council there are only three markets in the community, and two of them in their front property are on private property. This is the only full service market that would have the opportunity to vend on City streets. Council can make a distinction; they are looking at community need for such a service and whether there are similar services avail- able in the area. Mayor Edel reiterated he was concerned about what kind precedent the Council would be setting, and that he did not want to bring down the town. Councilman Van Ness agreed the question is where to draw the line. Stock told Council the licenses are only for one year. Stock told Council the mall leases are granted to every restaurant that is on the mall and is specifically to create a sidewalk cafe atmosphere, and there is revenue from it to the City. Councilman Parry said everyone knows and likes Curt Baar and knows he will do a good operation; where does it go from there. Does Council allow trinkets out on the side~ walk. Mayor Edel asked Mahoney and Stock to come back to Council with a more definitive opinion and bring it back to the next Council meeting. SUBDIVISION EXEMPTION - Detweiler Richard Grice, planning office, told Council this is a request for subdivision exemption Subdivision for the purpose of condominiumizing an existing duplex on Cemetery Lane, Lot 11, West Exemption Aspen Subdivision. The history of occupancy is 1/2 the building has been occupied by the Detweiler owners for the last 7 years and the other unit by a family since construction. The rental has fallen within the low, moderate and middle income price bracket and maintained at that level as a special courtesy to friends. Stock has suggested if it appropriate to approve this it be subject to deed covenant allowing notice and occupancy requirements of Section 20-22, six month minimum lease, and at least one unit be restricted in both price and occupancy guidelines and the limitation period could be less than 5 years. Grice reported fao Council the engineering department recommended approval without conditions. P & Z reviewed the application and recommended approval as outlined by the City Attorney with the additional condition that the present rental price be considered a base price and the escalations be allowed, and.the limitation be 3 years. Grice said the unit is not actually within the low and moderate income bracket, but it has been rented within that price guideline, Gideon Kaufman, representing the applicant, told Council this unit has been rented to the same family for 9 years and the rent has stayed virtually the same, it is $375 for 1100 square feet. Kaufman said his clients are about to retire and can live with a 3 year restriction on one side; this compromise was worked out with P & Z. Councilman Behrendt moved to approve the subdivision exemption as outlined by the Aspen Planning and Zoning Commission; seconded by Councilwoman Michael. Councilman Van Ness pointed out the Council has created a situation whereby they are penal- izing people who are good to their tenants by keeping the rent down and giving them a break. People who keep the rent down create low cost housing and are subject to the various penalties. People who charge %he most don't have to put up with this. Council ought to take a look at what they are doing to low income housing, whether this ordinance is doing what Council had hoped. All in favor, motion carried. FINAL SUBDIVISION APPROVAL - Buckwheat Grice told Council this application had initially requested an exception from conceptual Final review. At the preliminary stage several problems were identified. Aspen Metro SanitatiOnSubdivision District requested the applicant accept responsibility for the 6 inch service line. The Buckwheat fire marshal noted the subdivision did not meet the design standards, there~was not a fire hydrant. The engineering department had five technical problems with the plat, The applicant is required to solve the problems before final plat. The application is to sub- divide the 28,656 square foot site into two pieces; one lot would be 6,000 square feet and contain a single family residence, the other lot is 22,000 square feet and contains an 8 unit apartment building. Grice noted to Council the fire hydrant problem has been solved in the improvement agree- ment; they will add a hydrant. The extension of the service line for Metro San is also in the agreement. The engineering department outlined some things that need to be changedi! in the agreement and in the plat; the applicants have agreed to make those changes. The City Attorney has reviewed the agreement and plat and recommends approval without condition. Grice recommended approval subject to the engineering changes. Stock told Council to enable enforcement, the City requires the applicant to either post a bond agreeing to performance in a short period of time, or actually place in escrow the cash to do this. In this case, the City required the applicant to post a bond. If they do not comply, it is the responsibility of the engineering department to advise the City Attorney and he would begin legal enforcement of one of the documents. Councilman Isaac asked if the applicant had plans for subdividing the 8 unit apartment. Andy Hecht answered no. Councilman Parry moved to approve the subdivision with the conditions outlined; seconded by Councilman Isaac. All in favor, motion carried. SUBDIVISION EXEMPTION - Dittmar Grice told Council this is a request for subdivision exemption for a duplex in Pitkin Mesa, Subdivision for condominiumization. Dittmar occupies one unit; the tenant does not desire to occupy Exemption the other unit. Grice said he calculated the square footage rent and it does not fall Dittmar within the low, moderate or middle income price range. Stock recommended since it did not fall within that range, it is unnecessary that any restriction be placed other than a six month minimum. P & Z recommended approval subject to notice and occupancy require- ments, and 90 day right of first refusal. The engineering department recommends approval subject to a change in legal description to include designation of block 1 on the final plat. Mayor Edel asked how the six month minimum lease is enforced. City Manager Mahoney told Council people that are abused do bring it to the attention of the City. Stock said the City does have to enforce this to meet the goals the City has established. This goal is that short term housing for tourists should occur within the tourist zone. Stock said right now the City does not have an enforcement officer or mechanism to enforce this. i Councilman Behrendt moved to approve subdivision exemption subject to the conditions as outlined by the City Attorney and engineer; seconded by Councilman Parry. All in favor, motion carried. KSNO SPECIAL REVIEW Jim Reents, planning office, told Council this application was before Council because of KSNO Special ~ difficulties. The planning office had contact with this project late in 1978 to discuss P~view for what could be done in terms of providing employee housing and rebuilding the radio studio ~L~loyee on the existing site. At that time, they said KSNO could apply for the FAR bonus existing 'housing under the current C-1 zone, and rebuild the existing square footage without having to go through growth management. The application was submitted in March 1979 and was approved by P & Z and Council; building ~mployee housing had been exempted from GMP. A finding was made this was in fact to be employee housing and met the guidelines to allow them to build out to FAR bonus 1.5:1 on the site. Reents told Council at that time several ordinances were in the process, one was trash area ordinance, another one brought up by the project, the off street parking requirements. In analyzing these requirements, it was discovered on some sites the only way required parking can be provided on-site is to go underground, and the costs can be prohibitive. There is a trade off between parking spaces and providing employee housing. The P & Z approval of the project reflected their willingness to vary the parking requirements, as did Council. Another ordinance in process at that time was the employee housing overlay, which the architect felt he might be able to provide some additional housing by using thisI. This ordinance has not been processed. Larry Yaw, representing the applicant, told Council this has been bounced around aulot of pending and changing legislation. Yaw told Council the project is essentially 1500 square foot studio for KSNO allowed by right and without other approval. In addition, they would have maximum number of employee housing units, which is 5; 4 studios and one two-bedroom within the heighth, open space and set back requirements. Yaw stated this is a small site and there are inherent problems. There are three elements of the request for special review; two of them are tied together, the trash access and parking. Yaw presented a floor plan, and told Council the trash access requires 15 x 10 x 10 on the alley. They have provided 10 x 18, which will handle all that is required and is covered by the floor above. This was they could provides 3 parking spaces for 6 bedrooms. The areas of overhang of the building presently count against the project; these overhangs~ are provided to cover the parking, trash access, entrance and sun control. Yaw is request- ing the covered parking be deleted from FAR, and to fix the calculation method for this project as it presently exists, which is to include only areas under the projection of the building necessary for the function of the building; to exclude the mechanical areas from the FAR, which is in ordinance. City Attorney Stock told Council the applicant is asking Council for something they have no authority to do; Council cannot grant a variance for the trash access area. This was taken to the Board of Adjustment, and they do not believe they can grant a variance for every employee housing project because employee housing projects are the only item within C-1 which require parking. The Board felt this problem ought to be addressed legislatively. Stock pointed out Council does have the right to grant a variance for parking, the amount necessary for employee ~housing on the recommendation of the P & Z. When this went through special review, the question of parking was addressed by P & Z as well as Council; both bodies recommended that parking should be modified to allow construction of the employee housing. Council ma~ modify the parking in such a way they can provide the trash access required by ordinance. Stock told Council there is nothing that grants Council the right to exempt FAR. This project is in trouble because of Ordinance #34,~which is on the agenda later. Council can eliminate this problem by tabling Ordinance #34; amend section 6 by adding special review under the employee housing are exempt and not create a problem; or defeat the ordinance. ~ul~i ivi~L~ng Aspen city Council June 25, 1979 Stock pointed out the tk.~ third and fourth floor is one employee unit, and the City's guideline state there are minimum and maximum sizes; they are not mandatory. The maximum size of a two-bedroom is 1,000 square feet; this one is proposed at 1700 square feet. If this unit is modified, or reduced in size, there would be no problem with ordinance 34. Yaw told Council the size of the two-bedroom unit is that it is the intent of the owner to live there, and it is essentially the reason ~e other 4 units are being created. Council~ man Isaac asked how long the owner would'be wil'ling.tH Commit these units. Yaw answered forever, at the rates, sale and rental guidelines as written in the ordinance. Mayor Edel said it bothers him the Council is being boxed into a position of making a decision based on something that will be discussed later on the agenda. Yaw said they are asking that CoUncil exempt the area under the overhang from FAR. Councilman Behrendt said if the large two-bedroom is scaled down, there is no problem. Yaw reiterated that the owner is providing four units under all the City's guidelines; and he is trying to find a way to make the project happen. Michael Chandler, representing KSNO, pointed out the owner wants to provide employee housing to everybody that works there including him- self. Stock stated that only if Ordinance %34 is passed, does this project have a problem. under FAR. Yaw said if Council amended Ordinance %34 to include those projects that would have previous special review status, this would be the only project that would fall under that, and the Council would not have set any precedents. Mayor Edel suggested tabling this discussion until after the discussion on Ordinance #34 and come back to this. Councilwoman Michael moved to modify the parking requirements to 2 parking space for this KSNO project, and table the matter until after the FAR issue; Councilman Parry said he would second the first part. Councilwoman Michael withdrew the second portion of the motion; seconded by Councilman Parry. All in favor, motion carried. Reents pointed out during the discussion on Ordinance ~34, if Council amends section 6 or tables or defeats the ordinance, they have taken care of the problem. APPOINTMENTS TO BOARDS AND COMMISSIONS city~ Attorney Stock advised Council he had written letters to everyone whose terms are up, to advise them to reapply if they are interest. The city clerk has advertised for the vacant positions. Council decided to interview for these positions on Monday, July 9 from 1 p.m. on. ICE GARDEN PURCHASE City Manager Mahoney reminded Council there had been a significant change in the financial condition of the Ice Garden, and Council had directed the staff to renegotiate. Both Sides Ice Garden recognized the solution was a compromise; the City will absorb $15,000 and the Ice Garden Purchase will abso~b~ $115,000. Stock has drawn up the documents to reflect this. Mahoney told Council the City was covered as far as the cash flow. Mayor Edel questioned the language of not amending the sales tax ordinance or decreasing the sales tax. Stock told Council that language is standard, necessary bond language for revenue bonds. Bonds are legally binding obligations of the City and may not be abrogated by any other Council. Mayor Edel entered a letter from Stormy Mohn into the record. Councilman Isaac moved to approve the agreement to purchase between the City and Ice Garden group; seconded by Councilman Parry. Councilman Van Ness stated he felt this was a bad procedure for the City to enteriinto a stock purchase agreement, and subsequent events have borne this out. It is an expensive way fOr the City to purchase things. Mayor Edel agreed. Councilwoman Michael said the success of this recreational use aS City property is encumbent upon the recreation depart- ment to generate uses for this property. The staff should come up with an active policy to make this facility pay for itself. Mayor Edel stated he would like to see the funds separated so that the City knows if it is paying for itself and how it does. All in favor, motion carried. ORDINANCE ~36, SERIES OF 1979 - Issuance of Notes Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Ord. 36, 1979 Issuing Notes Councilman Parry moved to read Ordinance %36, Series of 1979; seconded by Councilman Isaac. to purchase All in favor, motion carried. Ice Garden ORDINANCE %36 (Series of 1979) AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOTES OF THE CITY OF ASPEN, COLORADO, IN THE PRINCIPAL AMOUNT OF $265,304.20, FOR THE PURPOSE OF ACQUIRING CERTAIN REAL PROPERTY, KNOWN AS THE ASPEN ICE GARDEN; PRESCRIBING PAYMENT OF THE PRINCIPAL AND INTEREST ON SAID NOTES FROM THE REVENUES OF THE TWO PERCENT MUNICIPAL SALES TAX AND FROM OTHER SALES TAX REVENUES; PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH; AND DECLARING THAT AN EFLERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk. Councilman Parry moved to adopt Ordinance #36, Series of 1979, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Michael, aye; Collins, aye; Isaac, aye; Van Ness, aye; Parry, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. ORDINANCE %37, SERIES OF 1979 - Appropriation for Purchase Councilman Behrendt moved to reconsider Ordinance #37, Series of 1979; seconded by Council- man Isaac. All in favor, motion carried. Regular Meeting Aspen ul~y uouncl± oun~ ~, ~,~ Councilman Behrendt moved to adopt Ordinance #37, Series of 1979, as amended; seconded by Councilman Isaac. Roll call vote; Councilmembers Parry, aye; Behrendt, aye; Isaac, aye; Collins, aye; Van Ness, aye; Michael, aye; Mayor Edel, aye. Motion carried. PLUM TREE INN REPORT City Manage~ Mahoney explained to Council the City inherited the Plum Tree Inn When they Pl~nTree Inn purchased the golf course. Four yea~s ago, Council begin discussing what to do with it; Accounting at that time, they were receiving $12,000 to $18,000 from the ~enant. After a lot of report debate, advertises, and proposals, Council voted to lease it to Joe Cserhat and Graham Loving. They immediately put in $25,000 worth of improvements and operated it. The City.was to be notified on a quarterly basis of the funds received; the City was ~ receive 15 per cent of the rooms and 7 per cent of the restaurant/bar. The first year 1975~!6, the City received $5~,000; the next year it was $30,000 - this was the year of the drought. Last year the City only receiVed $35,000 and on March 12, Mahoney asked Henri Borel, manager of the Plum ~r~e, for a meeting to go over the figures. Borel agreed the figure did not makes senseand allowed the City's finance department to do an audit. A memorandum was written May 29 to the finance director outlining the problems; this was also given to the owners of the Plum Tree, and they found they did have problems. They dismissed their accountant. The City has conducted an audit and met with local management and with the owners. As of June 25, from the City's audit calculating the balance due and with 12 per cent interest, Mahoney said the Plum Tree owes the City $64,000. Mahoney told Council there is a question of whether the previous manager was doing things the appropriate way. Councilman Behrendt asked if the City could break the lease. Mahoney said the City would have to prove intent. Councilman Behrendt pointed out any Inn lives with the sales tax report and knows what the sales are. It is obvious there was knowledge of what was going on and the intent was evident. Mahoney said he did not see any advantage to the City in changing anything right now. Mahoney said he was confident the City would get their money plus 12 per cent interest. The City will be paid in full and start off fresh; the Plum Tree is going to get a new accounting system. Jon Michael Cancieri told Council he had just been retained by Number Two Main Corporation as their auditor, and he has started to prepare a list of all revenues taken in from November 1977; this will include all cash register tapes as well as a complete room folio. Cancieri presented Council with a check for $20,000. Mahoney told Council the Plum Tree paid $30,000 three weeks ago. He requested by June 15 an additional $20,000; and that some immediate point in the future, the balance be paid. Mahoney said that should be within 30 days. Mayor Edel noted the request for was June 15 and today is June 25; he has just been told the City is owed $60,000 more. Councilman Behrendt said he has reason to believe the Plum Tree has not fulfilled their contract in any way. Councilman Behrendt suggested looking at that asset as negotiable. The present tenants have been a continual sore, and have made a real debacle. Mayor Edel stated he wanted that $64,000, and then examine whether they are fit to keep an agreement with the City. Mayor Edel asked if the City took the check for $20,000 and then pursued the $64,000, is the City abrogating their right to look at the contract. City Attorney Stock told Council he has looked at the lease with N~mber Two Main, but has not examined what reasons the City has under the contract to terminate the lease. It is terminated on sale, and on failure to pay the rents due. Claire Newcum told Council she had the gift shop for 10 years at the Pomegranate Inn. Ms. Newcum told Council that the Pomegrante Inn is rented first before the Plum Tree is rented~ There is a percentage paid to the City at the Plum Tree but not at the Pomegrante. Stock told Council Section 11.5 of the contract says the receipt by the lessor of rental pay- ments with knowledge of a breach of any covenants herein shall not be deemed a waiver of such breach, and no waiver by the lessor of any provisions herein shall be deemed to be made unless expressed in writing and signed by the City Manager. Section 3.7 says in the event lessee does not accept lessor's offer, they have the right of first refusal. Stock reminded Council the City once went to the voters asking for the right to sell this property; it was turned down. If Council decides they desire to sell again, it should take the issue back to the public. Stock said if it is true they rent first the Pomegran~e and then the Plum Tree, it is a diversion of profits and it is a violation of the lease. Councilwoman Michael said Council should be talking to the owners of the corporation. Cancieri read the list of stockholders; Loving 24 percent, Heine 32 percent; Weinberg 8; Streicher 8; Wo~koff 22; Chester 6. Councilman Parry asked if it were reasonable to have the payment of $40,000 by August first. Mayor Edel said he felt that was too liberal. If these people are trying to work with the City, then they ought to put it on the table. Councilwoman Michael pointed out the City does not know it is $40,000; this corporation is not going to pay the balance until they have an accounting. Councilwoman Michael said she felt there should be some outside audit. Mayor Edel said in his mind there is no question but that the Plum Tree owes the City $40,000, and the City should get that money as an indication of good faith. Steen Gantzel said the Board of Directors should be present. The Plum Tree is supposed to ~ be in operation June 1 each year, and it is closed up; the City is losing revenue. Gantzel~ question what the Council was going to do with the Plum Tree in the long run; this lease has been broken in the past. Council ought to address themselves to an examination of the building, what is going on, what are the plans. Mahoney told Council the owners are upset; they will be in town Thursday. They will have a new manager. Mahoney said the owners have demonstrated they are concerned. There is not a question of whether they will pay the money; the lease says they have to. Council- man Behrendt said the City has bent over backwards with these tenants, and they are not maximizing income on that Property. They have not acted in a business-like manner. Councilman Behrendt said he would like to have the City Attorney work on this. ~gu±ar ~v~ees~ng Aspen ~lLy ~ouncl± June Stock said the City could get a judgement; the question is whether the City could attach anything of value to satisfy the judgement. If the Number Two Main Corporation has any assets, profits or accounts, those are attachable. Cancieri said there have been a few months where the corporation did report net income; they did not distribute it. Stock said he felt it would be difficult to pierce the corporate veil. Mahoney suggested that on Friday, the stockholders would be in town, and Council could set a hearing and talk to the stockholders. Councilman Collins asked how long it would take to complete the audit. Cancieri said he could get the figures in two months. Councilman Collins asked when this first came up. Mahoney said he was alerted to this problem in February. Councilman Isaac said he would like Mahoney to set up a meeting with the corporate shareholders to sit down and go over with them what their plans are. Mahoney explained to Council that some of the money in arrears is not that old; some of it is owed on the quarter tha~t-ended in May. Mayor Edel said he would be willing to give the corporation a couple of dass, but he wanted to know where the money is. Mayor Edel suggested it be conveyed to the' stockholders that the Council wants to talk heavy debt removal. Councilman Van Ness said basiCally the City is owed $40,000 by a corporation that apparently has little liquid assets. Councilman Van NesS stated he was not interested in hearing stories about money. The Council should decide what they want to do. Councilwoman Michael pointed out there are breach of contract in two areas; money past due, and not being open on June 1. The Council haG. to decide whether they want to be nice guys or take an active role. Council set up a session for Friday, June 29, at noon with the stockholders to go over the problems of the corporation. Council asked that they be supplied with copies of the lease. PARKS DEPARTMENT REPORT Jim Holland, parks director, introduced the new golf pro, Jim Mooney. Holland told Council he is in charge of two budgets. Property and building maintenance has an operating fund of $307,000 covering maintenance of 23 parks, 6 softball fields, mall maintenance, City buildings, ditches, street tree maintenance within town, Pride in Aspen campaign and snow removal in the winter. The second budget is the golf course budget, which is $102,000 and includes a staff of 9 people year round, assistant director, superintendent of the golf course, 3 foreman, C.aptain Clean, mechanics and a secretary. There are 20 seasonal people for the two budgets. Holland told Council as part of on-going maintenance, he has a capital improvement budget of $39,000. Holland told Council he had met with the designer and contractor of the golf course. They walked the course, and he is pleased with the way the course is coming. The target date for opening the course is August 1. The greens are in fantastic shape; tee boxes are coming along; the fairways will take 3 to 5 years to develop. Councilman Isaac asked if it would hurt the course to play on this year. Holland said this is a difficult question; most of the damage that would be done would be cart damage. The greens will be playable this year. There will be .damage to key spots where there is traffic. Mayor Edel said he is a proponent of not opening this Lear; he haS never heard of a course Golf course being built one year and open the next. Mayor Edel said he did not understand how the revenues will benefit opening this year, compared to repairing the damage. May~r Edel said opening he couldn't see the purpose of opening for one or two months. Cancieri pointed out the golf course being closed has a direct relationshop to the liquor sales at the Plum Tree Ralph Ashley said the fairways are full of gravel. Ashley talked to a lot of golfers who feel this course is not ready to play. Mahoney pointed out it is the advise of the professional people to open the course. Mayor Edel questioned the urgency of opening this year as opposed to giving it another 8 or 9 months. Mayor Edel recommended that the Council speak to the local golfers and bring this to the next Council meeting. Mayor Edel told Holland he had been waiting for water in the West End ditches for four years and asked where it was. Holland stated there are only three uncompleted sections; West end two culverts across Hopkins at Sixth and Seventh; and a piece at Schloffers. There is ditches a guy cleaning the ditches in preparation. Holland said he expected to have it totally done in 2 to 3 weeks. Councilman Behrendt asked Holland when the City accepted the high school oval for maintenance. Holland said the City accepted maintenance in exchange for the right to program the field. Mayor Edel told Council and Holland he felt the City looked really pretty. CONTRACT AMENDMENT WITH ASPEN SKIING CORPORATION FOR BUSES Curt Stewart, transportation director, told Council he was pleased to come back with an amended contract from the Ski Corp. They raised their order from 1 to 2 buses and will Bus purchase pay for the turbo chargers. This is a $162,000 savings for the City. Stewart stated it contract w/ is Stalf's relationsh~p~with the Ski Corp that got this done. Ski Co~p Councilman Isaac moved to approve both amendments to two contracts; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~38, SERIES OF 1979 - Street Improvement Bonds Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Ord.38, 1979 public hearing. Streep Improve-i ment bonds Councilman Behrendt moved to read Ordinance #38, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #38 (Series of 1979) AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF ASPEN, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $1,200,000 FOR THE PUP~POSE OF PAYING THE COST OF CON- STRUCTING GENERAL STREET AND STORM DRAINAGE IMPROVEMENTS; PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON, AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH was read by the city clerk Aspen ~l~y uouncl± dune Councilman Isaac moved to adopt Ordinance #38, Series of 1979, on second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Isaac, aye; Behrendt, aye; Van NesS, aye; Michael, aye; Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~34, SERIES OF 1979 - Floor Area Ratio Joe Wells, planning office, told Council this is a continued meeting on the public hearing to establish allowable floor areas in R-6, R-15, R-30 zones. Wells explained that two Ord. 34, 1979 years ago Council asked the P & Z to examine methods to limit the visual impact of buildings FARs in the residential zones, in response to criticism of some structures being built. Last summer P & Z made a recommendation to Council to establish an overlay district to force the filing of special review applications for building permits. The planning office felt this would be cumbersome and unreasonable to the applicant. Council sent this back to P & Z asking for further recommendation. P & Z recommended ~ straight line curves FARS and volume ratios. The planning office took an ordinance to Council which they felt more fairly responded to the problems created by the floor area ratio approach. This was shown on a chart. Subsequent to the first reading, there was a work session and field trip. Wells had calculations on a number of existing residences in town and compared these to the original recommendation. This lead to the second recom- mendation. Through more recommendations and subsequent meetings, more changes have been made and a final recommendation comes to Council. The key changes from the original pro- posal, which was strongly criticized, are (1) this recommendation has been liberalized twice in terms of allowable square footage. They are recommending sub-grade space be exempt from the calculations. They are not recommending basement space be exempt to encourage burying the basement level. (2) Another change is the response to what happens to non- conforming uses created by this ordinance. They are exempting non-conforming buildings created by the square footage limitation only. (3) An exemption was added for building which have received final growth management approval. Wells presented charts to Council with examples, and told Council as the lot size increases the square footage goes up. A straight line would penalize the smaller lots, so that the curve eliminates any consideration for zone districts and examines the lots on the basis of the size of the lot. The smaller lot size will get to build a proportionately larger house. The duplex recommendation is slightly higher but becomes one line beyond 50,000 square foot lots. Wells showed where the example houses fell on these curves, and most of them, if they had sunk the basement, would come very close t~.the recommendations. Wells told Council he felt that altering the set backs and decreasing the height limitations will meet with more criticism. It will affect the architect of the solution, and it will be difficult to fix these so that they are fair given the nature of the neighborhoods. The open space requirement has advantage in that it is established on a percentage basis. Mayor Edel opened the public hearing. 1. Gideon Kaufman told Council the Aspen Board of Realtors and the West End Improvement Association do not feel a floor area ratio will solve the problem it is seeking to address, which is to eliminate the eyesore. Kaufman said design, not numbers, decides what fits in a neighborhood. Kaufman told Council if they adopted a floor area ratio proposal, the proposal the West End made and P & Z made should be adopted. Kaufman said basements are important and should be encouraged; their aesthetic impact is minimal. A 50 per cent below grade will encourage people to build basements. Kaufman pointed out on some lots where you cannot build 100 per cent below grade. Kaufman went through his proposals as compared to the planning office; they are close in many areas. Kaufman said the Council should address itself to the few abuses and not affect everybody that wants to build. 2. Jeff Sachs said he could not understand why, if someone wanted to put parking in at a sub-basement level, why that should not be excluded. Why should anybody be prevented from putting a car in basement or Sub-basement level. It should not be charged against the FAR. 3. Don Ensign stated his concern is with office zone and commercial zone. His building started out with .75 far with .25 for employee housing, which was changed in mid-stream. Ensign encouraged Council to look at the basement ratio as to the implications it would have in terms of employee housing, and eliminating inexpensive space. 4. Larry Yaw opposed including ~nl'the floor area calculation parking in CC and C-1 zones. Commercial uses do not require parking by present statute. By including parking in the FAR this is making a trade off for employee housing. Yaw also stated the timing is most inappropriate for the building season. 5. Butch Clark said he had not talked to anyone who is for the FAR. Clark stated he did not feel this is well thought out and needs more thought by the new Council. 6. Frank Christopher said all the work and money he has put into plans for a new house could be sailed out the window if this passes. 7. Joe Porter said he cannot figure out why basements are counted in the FAR in the office zone. Businesses exist in basements because it is lower cost space. Porter pointed out the office zone has never been in the growth management plan, and the commercial FARs have never been used up. 8. Bill Stirling told Council the Board of Realtors position is against the adoption of any FAR. However, they had felt the momentum coming from the planning office and felt it was important they have influence in the drafting of this ordinance. 9. Bil Dunaway objected to adding things to ordinances that P & Z has not seen. Mayor Edel closed the public hearing. Regular Meeting Aspen City council June 25, 1979 Councilman Parry stated that it has come to the point of taking out parking, taking out basements, taking out overhangs. Councilman Parry said he would like to defeat this, let the building season get on, and maybe start over. Councilman Parry stated he did not like this ordinance at all. Councilman Collins asked if a basement is not included in the down' town area, is this creating more office space and increasing the FAR. Wells stated the language in this ordinance is consistent with the intent of the Code since 1974. Mayor Edel said he is bothered that all comments heard~tonight are negative. Councilman Van Ness Said that P & Z was instructed to come up with FARs to solve What is in few cases a problem. The P & Z said FARs don't work. Councilman Van Ness stated what Council has done is tie up the entire construction industry in town. Councilman Van Ness said his impression is that the majority of Council is opposed to FARs. Councilman Isaac said the problem is the cost of land is so high that people build to the fullest extent of their land, and it is destroying some neighborhoods. Councilman ISaac agreed the Council has heard some good points about basements being excluded. Mayor Edel said he did not understand why the City has a P & Z to come up with recommendations, which the Council then ignores. Karen Smith, planning director, went over the history of this ordinance for the last two years. Councilman Collins said he felt this ordinance has come a long ways, and it is something that is needed. There are a lot of pressures on the town, and there will be more prolifer? ation of larger structures. Councilman Collins said as far as FAR, it is a good step; it has been worked, re-worked and re-worked again. This ordinance is one that most people can live with. It has come close to responsiveness to all concerns that have been raised. Councilwoman Michael agreed with criticism that the FAR gets too much into the area of design. Councilwoman Michael suggested combining set back and open space restriction and look at the height restriction. Councilwoman Michael said she did not disagree that there are some atrocious buildings. Councilwoman Michael said she felt this is a messy ordinance. It did not go back to P & Z the way it should have. Councilman Behrendt moved to read Ordinance ~34, Series of 1979; seconded by Councilwoman Michael. All in favor, with the exception of Councilman Parry. Motion carried. ORDINANCE ~34 (Series of 1979) AN ORDINANCE AMENDING SECTIONS 24-3 AND 24-12 OF THE ASPEN MUNICIPAL CODE BY AMENDING THE DEFINITIONS OF BASEMENT, SUBGRADE, AND THE SUPPLEMENTARY REGULA- TION MEASURING FLOOR AREA FOR FLOOR AREA RATIO; AND FURTHER BY AMENDING AREA AND BULK REQUIREMENTS TO INCLUDE MAXIMUM ALLOWABLE EXTERNAL FLOOR AREAS FOR THE R-6, R-15 AND R-30 ZONE DISTRICTS was read by the city clerk Councilman Behrendt moved to adopt Ordinance #34, Series of 1979, as amended; seconded Ord. 34, 1979 by Councilman Collins. Roll call vote; Councilmembers Behrendt, aye; Collins, aye; FARs Michael, nay~ Isaac, aye; Parry, nay; Van Ness, nay; Mayor Edel, nay. Motion NOT NOT adopted carried. (Councilman Behrendt left Council Chambers). CITY MANAGER 1. Mall Bricks. City Manager Mahoney told Council the City is carrying in inventory about $90,000 worth of mall bricks. The City purchased these at about $,50 and could sell them Mall bricks for $1.00. Councilman Parry said he would like to see these bricks used throughout the town, and sell them to people who want to beautify their sidewalks. Councilman Van Ness pointed out it is not costing anything to store these bricks. Councilman Isaac moved to keep the bricks; seconded by Councilman Collins. All in favor, with the exception of Councilmembers Michael and Parry. Motion carried. (Councilman Van Ness left Council Chambers.) 2. Housing Committee. Councilmembers Behrendt, Michael and Mayor Edel were appointed as Housing corm~ttee the housing committee. 3. Picture. Mahoney showed Council a picture of Aspen during last winter he had been offered at $125. Councilman Parry moved to purchase the picture for $125; seconded by Councilman Isaac. All in favor, motion carried. REEDER - Land Dedication in Lieu of Fee Reeder City Attorney Stock told Council the question is if Council thinks taking land for a road Land dedica- dedication is an appropriate use of the land. The City has only accepted land for clearly tion in lieu park purposes; the City has not accepted small little parks all over the City. Stock of money stated that to him a boulevard is not a park; he would like to have the land for the improvement of Ute Avenue, but cannot see it as a park. Councilwoman Michael agreed the ordinance stated the acquisition of land is for active and passive parks. This parcel does not fall within the language of that ordinance. Councilman Isaac moved to deny the request; seconded by Councilwoman Michael. All in favor, motion carried. SHORT TERM LOAN AUTHORIZATION - Iselin Park Iselin Park Councilman Parry moved to authorize Stock to enter into a short term loan for six months Short term at no greater than 6-1/2 per cent interest; seconded by Councilman Collins. All in favor, loan motion carried. ~egu±ar Meeting Aspen city counc~± June MOBILE HOME PARK REGULATIONS Stock submitted to Council the current mobile home code and state health standards, which Mobile hc~e park are minimum standards. These apply unless the City's Code is more restrictive; in most regulations cases the City's Code is not more restrictive. Stock told Council the County has hired a consultant to help them write a mobile home code, which was also submitted to Council. Stock requested authority to prepare a document modeled on the County proposal to be brought back for consideration. Mayor Edel said he found the County ordinance terribly restrictive. Jolene Vrchota, planning office, told Council there are three sets of regulations for park owners. The first set of standards is to be met in the first year, and these are the least restrictive. The second set is to be met within 5 years to bring them slightly above minimum health and safety standards, and does include some aesthetic standards. The third set of standards, which includes the density of 4 units per acre, is strictly for expansion and new mobile home parks. Councilman Isaac moved to have Stock draft an~iordinance and come back to Council with it; seconded by Councilman Parry. All in favor, motion carried. GAARD MOSES SETTLEMENT Stock explained the situation in his memorandum. The house is just east of the Aspen Alps. The property currently has two single family dwellings and a pump house, it is in the GaardMoses~il conservation district. The property is one acre in size, and under zoning it would allow settlement ? for one single family house. This property is considered to be a non-conforming use, and consider the two units to be legal. He could not currently build them now. Stock told Council Moses began construction of an addition in 1977, which is a garage in lower level, and second level an art studio. Moses did this without getting a building permit and without obtaining 8040 greenline review. The building inspector put a stop work order on the property; Moses has been working with the City on how to solve this problem. Stock said he would recommend the ripping down of the structure, if he had gone to Court. The negotiated settlement is to obtain 8040 greenline review; which Moses has obtained from P & Z. Secondly, to obtain building permits at double rates. Third, the City's Code would not allow a home occupation to have a total area greater than 1/2 of the first floor area of the principle dwelling. Stock told Council the area for the home occupation is too great by almOst 1/3. Stock has i asked that Moses be required to rip out that 1/3. Moses presented an alternative to P & Z of changing that area into employee housing. Stock objected because if you have the right to 1 unit and go to 3, it would require rezoning. Stock said another alternative would be a cash payment of some type. Stock stated he would rather have some portion of the structure removed to meet with Code requirements. Moses outlined the three points; (1) removal; (2) retain approximately 400 feet, which would be ripped out, and put employee housing into it, and (3) because the house has been expanded at least twice before 1973, in the interest of simplification, let the lower level of the new structure become part of the house and contribute to FAR of the house. It would be larger than twice the area of the art studio then. Stock said what he felt was important in his solution is not so much whether he rips down the structure, but to create an indication to the public that they cannot avoid the City's rules and regulations, that they will be enforced. The City has got to become more restrictive in their enforcement. Stock said he was totally against trying to obtain rezoning to allow a density of three units. Councilman Parry said he felt it would be better to increase the projection room and let the other part remain the way it is. Councilman Parry said he could not see tearing down the structure. Councilwoman Michael stated this is a case of how important the Council feels their rules are. There was a reason to set 8040 greenline against the mountain, and to have reviews for building. Councilman Isaac agreed he did not feel Moses' house was an appropriate place to put employee housing. Councilman Isaac said he felt Moses should pay double building permit fees and make the corrections in the projection room so that the FAR complies with home occupation. Councilman Collins stated he would be inclined to follow the recommendations of the City Attorney. Mayor Edel said he couldn't see the house being ripped down; it is nicely done. Mayor Edel said he would like ~o get Moses go after rezoning. Mayor Edel said although he would not like to have Moses rip down 1/3 of his house there are laws and statutes. Stock suggested the alternative of Moses accepting criminal charges and allowing the Court to i impose the penalty. Councilwoman Michael said the Council is abrogating their responsibility ~ by sending Moses to Court. Councilman Parry noted this has gone on for two years. He ~ would like Moses to be right as far as the building permit. Councilman Parry moved to let the lower level become part of the house so that the FAR is right, and Moses pay double building permits; seconded by Councilman Isaac. Councilmembers Parry, Isaac, and Mayor Edel in favor; Councilmembers Michael and Collins opposed. Motion carried. ORDINANCE ~41, SERIES OF 1979 - Cable Television Theft StoCk told Council there is a provision in the Code currently that says it is illegal Ord. 41, 1979 to steal cable television, and the City has been asked on numerous occasions to enforce Cable TVtheft that ordinance. The City has no way to enforce the ordinance. The ordinance has been redrafted making it clear this is a theft. If a person has illegal cable, Canyon Cable will photo it, disconnect it and leave a note telling the people they are not paying for cable. They will reinspect in two weeks; if it has been reconnected, Canyon Cable can come in and sign a complaint and take the people to Court. Councilman Isaac asked why the City should get involved. Stock told Council this is not an unusual request from cable companies~ Councilwoman Michael moved to read Ordinance #41, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #41 (Series of 1979) AN ORDINANCE RELATING TO CABLE TELEVISION AND ESTABLISHING PENALTIES FOR THE UNAUTHORIZED CONNECTION THERETO was read by the city clerk. Councilwoman Michael moved to adopt Ordinance ~41, Series of 1979, on first reading; second!ed by Councilman Parry. Roll call vote; Councilmembers Isaac, nay; Michael, aye, Collins, aye; parry, nay; Mayor Edel, aye. Motion~icarried. ORDINANCE ~42, SERIES OF 1979 - Approval of leave/purchase for front end loader/dump truck ~i i Ord. 42, 1979 Councilman Isaac moved to read Ordinance ~42, Series of 1979; seconded by Councilman Parry.~ frontend loader All in favor, motion carried. & dump truck ORDINANCE ~42 (Series of 1979) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A VEHICLE LEASING AGREEMENT BETWEEN THE CITY OF ASPEN AND JUNCO LEASING CORPORATION, WHICH LEASE IS FOR A TERM OF SIXTY MONTHS AND PROVIDES FOR A QUARTERLY PAYMENT OF $5,319.73 was read by the city clerk. Councilman Isaac moved to adopt Ordinance #42, Series of 1979, on first reading; seconded by Councilwoman Michael. Roll Call vote; Councilmembers Michael, aye; Parry, aye; Collins, aye; Isaac, aye; Mayor Edel, aye. Motion carried. '~ MAYOR'S DEED - Red Onion Councilman Parry moved to approve the Mayor's Deed for Lots N and O, and the westerly 9 feet, 9 inches of Lot P, Block 89, City and Townsite of Aspen; seconded by Councilwoman Michael. All in favor, motion carried. Councilwoman Michael moved to continue the meeting to 5 p.m., Tuesday, June 26, 1979; seconded by Councilman Parry. All in favor, motion carried. Council left Chambers at 11:35 p.m. K~C~, City~lerk Continued Meeting Aspen City Council June 26, 1979 Mayor Edel called the meeting to order at 5:07 p.m. with Councilmembers Behrendt, Collins Parry, and Michael present. Mayor Edel reminded Council last week they were going through a step by step analysis of the resOlution prepared by the Planning office. Andy Hecht, representing the Institute, said his sense after the last meeting was they were not going anywhere. Hecht had asked i: Aspen R. O. Anderson to come to town and discuss this, as the numbers troubled everyone greatly.I Institute It does not serve to argue what people fell so strongly about. After discussing this R. O. Anderson, he came to the conclusio~ that the process has been very painful, and they!i do not want it anymore. The Institute wants to do something that works for the town. (Councilman Isaac came into Council Chambers). Hecht said he felt the process has been divisive for the town and the Institute and they are ready to resolve it. Mayor Edel agreed the City was ready to resolve the situation. Hecht said the new task is making concessions by the Institute. They have brought in Mr. Kaluchi and told him the Institute would go back as far as they could go and to come up with a conference Center that is minimally viable. The Institute will have to compro- mise on their summer programs. Hecht stated the Institute would like to make a compromisei~ and the feeling is they havelnot been hurt by the City or ill treated, but a resolution would be a victory for everyone. Gene Kaluchi told Council the major focus of this proposal is to the extent possible come up with a minimum program to reduce density on the site but still be economically viable to perform the financial program, which is to endow the Aspen Institute. The original approach was to take the understanding of 356 units and approximate that capacity that could be best placed on the property to handle the demands placed on the Institute~during the summer. The secondary objective within the 356 rooms, for the remainder of the year what was the capacity of a conference center which would operate and fund the on-going operation with a net cash flow. Kaluchi told Council they have gone back and taken another position; the Institute will have to compromise their summer program if it is cut back, but that will not be the controlling factor. They looked at the minimal commer- cial size that could operater there successfully. Kaluchi said they feel if they have rental guest room capacity available year-round of a minimum of 200 rooms, they could have a viable enterprise. Kaluchi told Council in their re-examination, they would hold the faculty component constant at 61 units. They would use some of these units as rental purposes as they do classify as first class accommodations. This would reduce the number of additional guest units that had to be available to total 166 above the 61 faculty units. This would give guest rooms available, faculty units without restriction that could be rented, a total of 227. Kaluchi said a first class unit is a revenue unit,.which is a rentable room; that is the model they are working on. If they hold the faculty constant, they come up with 166 total guest rooms of which 68 exist; 61 faculty units of which 24 exist; they will proportionately scale down the number of employee units from 50 to 30. Kaluchi told Council the model Was based upon a bedroom being a unit. Hecht said the Institute is willing to submit to any test to determine whether one is a rentable room. '!Aspen Hecht stated they believed no living room in the faculty housing has been rented for sleeps Institute lng purposes. Kaluchi reviewed the prior submission; 245 guest rooms, of which 68 exist; 61 faculty rooms, 24 exist; 50 employee units fora total of 356 to be built in the original submission with 92 existing. In the revised model, same existing units - 92; guest rooms expanded to 166, f~ulty at 61, and employee units at 34 for a total room count of 261. For the economi~icriteria of a viable project, they have to have approxi- mately 200 rooms rentable as commercial guest rooms, which means a portion of the faculty will be rented occasionally as guest rooms, approximating 200. Kaluchi noted they have ignored the summer demand on the facility for Institute purPoses and come up with the minimum balanced facility fOr commercial revenue purposes for the remainder of the year. Mayor Edel asked about the ancilliary buildings. Hecht said they had to determine whether to add on to the existing building or build a small separate building. Kaluchi said until they know the capacity, they cannot design it or do a footprint; that would be the next go-round. Kaluchi said the only two areas where sitting rooms or living rooms are planned is in the faculty and emPloyee areas. (Councilman Van Ness came into COuncil Chambers.) Kaluchi noted this is a drop of more than 100 rooms. Susan MacMichael said there would be 12 living room/kitchen areas for the employee units and 4 additional living/kitchen areas for the faculty areas. Mayor Edel said he felt a living room is very much used as a bed- room; there is no way to design a room that could not be used to sleep in. Mayor Edel stated they are going beyond a conference center; it is implicit in what they are doing. There will be other uses for it, and these should be addressed. Hecht told CounCil they would like, as soon as practical, that Council determine the use and density of that property, what it can be used for. The purpose of this proposal is to show they can run a conference center and the impacts would be minimum. Hecht said they will still run this primarily as a conference center. When the room number is dropped this low, you have to be sure it is viable. Kaluchi said the average group size is 30 to 50 people and the probability of combinations of groups coming out even is slim, there will always be a remainder. The remainder is a larger percent of the occupancy as the facility gets smaller. Councilwoman Michael asked if this revised program meant that it had to be revieWed again by staff and by P & Z. Stock told Council there is no legal requirement to go back no matter how much the change is made on Council level. If Council feels it is appropriate, they do have the right to return it. Mayor Edel said this stage is closer to a decision i and he would like to keep it at Council level and resolve it. Stock said if there is an ordinance adopting SPA density, there should be a division for a certain limited number of square feet for each particular type of use. Councilwoman Michael asked if Council wanted to give staff time to this adjustment. Mayor Edel said Council did need that input. Ms. Smith said she was not exactly clear what this proposal means and how i~ changes the nature of the use going on out there. Hecht answered it will be primarily a conference facility, but they need some flexibility. Ms. Smith said the planning office needs to know the parameters of that-; i3c could change their recommendation substantially. Ten years of planning history identifies that area as institutional property and for institutional use and is somewhat unique from other land uses in the city. Ms. Smith reminded Council it has been discussed to exempt this from the growth management plan. This has not been done, and it must be done carefully. To exempt the institutional use and conference facility is one thing; to exempt a tourist use in that location is another thing. This could result in serious legal questions. It results in practical problems if you are increasing the tourist inventory, Council would be doing everything contrary to the balance theory of the growth management plan. Don Ensign reminded Council they had three objectives to satisfy; the communl~ty,~the!: Institute, and the conference center. The program proposed is at the expense of the Institute, it will not meet the summer needs of the Institute. Hecht said when the center is reduced to this number of rooms, they need the ability to cover themselves with open rooms. Nick McGrath suggested the staff meet with the Institute to provide definitions covering what the conference center is. Councilman Behrendt said he was not concerned with the ancill&ry tourist use; it is when the marketing starts to fail he is concerned about. Councilman Behrendt said he has not seen any kinds of figures on how much the Institute will benefit from either the original proposal or this proposal in terms of the endowment aspect. Hecht said the Institute feels this proposal will support the continua- tion of the operation, whic~is_a minimum of $500,000 after debt service. Councilman Behrendt said there must be a pro forma, and he would like to see it. S~een Gantzel said this is a commercial operation, a commercial conference, and that has always been skirted. The Institute is a fine asset to Aspen. If the Council decides the Institut~!is viable, they have to decide upon the number of rooms that are acceptable. Hopefully the Institute will keep the old buildings and trees and expand upon the attractiveness of that area. Gantzel said he would like assuredness that the green space will remain in perpetuity. Gantzel said there will be tourists there. He is concerned about the traffic impact. Gantzel told Council he was fairly optimistic about this proposal. Aspen does not have a first class conference hotel. If this can be built as has been done in the past, the community will have something unique. John Doremus told Council he is heartened by the proposed drop in density; however, some of the implications are very frightening. Doremus said he is concer~ed about the particulars. Councilwoman Michael said everyone knows that at'times when the conference facility is not filled up with conferees, the business venture will do its best to fill the rooms up . with whomever comes. This will be a commercial facility surrounded by reszdentzalarea.~ i~ Councilwoman Michael said she would prefer not to have a long list of conditions that the City has no control over. ~on~!nuea Meeting Aspen ~lty ~ouncll June 26, 1979 Mayor Edel suggested the next step is to have Hecht, the City staff and Attorney get together as quickly as feasible. The Council will meet immediately therafter. The specifics have to be addressed. The Council does have unanswered questions. Mayor Edel said he liked the direction of this proposal. Councilman Van Ness said it is not clear what the new offer is. Council had given them a list of 16 or 18 conditions that had to be resolved~, and Councilman Van Ness said he did not see a satisfactory solution to every one of those. Hecht stated this is the same applicatiOn, just building less of what was there. Mayor Edel agreed the questions have not been. answered. Councilwoman Michael moved to direct the City staff ~ ~ ~_ .~ to meet with representatives of the Institute to discuss th~ NUmbers of the new proposal, the question of the definitions in the proposed resolution, and the question of what the proposal does to the 16 conditions; secondly, have the City Attorney advise Council on their responsibility vis a vis the growth management plan and this proposal; seconded by Councilman Behrendt. Councilman Van Ness said if the Institute wants to change their application, he would like to see in writing exactly what the changes are. All in favor, motion carried. Councilwoman Michael moved to continue this meeting to Tuesday, July 3, 1979, at 5:00 p.m~ seconded by Councilman Behrendt. Kathryn ~.~ ~och, City Clerk Continued Meeting Aspen City Council July 3, 1979 Joe Wells, planning office, passed out a list of conditions identified; these are conditions of the previous approval. Wells told Council he felt the list breaks into several cate- gories of concerns. There are a series of points that can be deferred to subdivision and PUD~ such as alternative site selection and employee housing. Wells told Council they will Aspen probably be adopting a text rather than a map, and it may not be necessary to determine Institute where employee housing be sited. TrailS location could be deferred. The impact of devel- opment on views from the valley floor would have to exist in a devel~Opment plan. Wells said the planning office has a list of considerations that they hav~ taken the position it would require retaining an independent consultant to examine the information. The Institute was required to pay a significant processing fee, and that would be available. This issue was raised with P & Z and Council. The P & Z was not inclined to go to that extent to examine the information. However, Wells pointed out the planning office does not have the expertise to examine that information in-hous~ ~These would be exact employee generation resulting from the proposal; faculty to conferee ratio; amount of restaurant ~ !square footage needed, The auto free concept would,!need to be studied ~as it has ~er~ argued it would m~e%the proposal unfinmceab/le~.~ Certain aspects rega~rding fina~ceability ~ · regarding .res.tric~iqg t~he facility to conference use only and not permitting todolist use~ ~lso ~need no De s~ua~l~eG.. - ~Wells outlined the areas of concern that cont/in~ei~o arise in discussion and remain to be resolved. (1) uses that will be permitted; w~a% the language will say, (2) whether the balance of the land must be deed restricted as open space, (3) whether development approval will consistitute a cap on development; this would be the build out for the site, (4) transportation program necessary to mitigate the impacts of the proposal, (5) level of employee housing necessary~to.~ support the proposal, (6) level of resident access that is 'desirable and does not cre~e adverse impacts on the neighborhood. These are all tied to whether or not an exemption from the growth management plan zs ]ustzf~able. Wells told Council the planning office feels they have been consistent with the recommenda- tions of Bill Kane's 1976 memorandumJ These are the developement should be cluStered in~ the Meadows area; that the balance of the land be totally restricted from further devel- opment; development be car free, and that the application would lend itself to that approach; that the 356 room proposal be approved, this should include employee housing and up to 100 rooms of the total development be dedicated to the use of the M.A.A.; methods to assure that the rooms be used for legitimate programs and not tourist/hotel usage be developed; establishment of a phasing program, tying future phases to some sort of performance review; ownership should be maintained in single ownership, and no subdivision occur in order to assure that the academic core be in tact with the lodging facilities. Hecht stated it is under one ownership. Wells told Council the only submission he has shows separate lots, but this has not been discussed because of subdivision being deferred. Wells stated they have continually argued that a mechanism be established to assure that tourist uses be minimized. The planning office cannot justify tourist use to any great extent from a land use standpoint, impact on residential character of the neighborhood, and from the standpoint of the isolation of the site from tourist facilities. The status of the growth management plan in regard to tourists facilities, tourists uses cannot be justified. The lodge quota is taken up to 1981 and only allows 18 units per year. Wells said the planning office would not object to the reservation of sites for development at a later date for community service purposes. The point continues to be raised that future boards can reverse the position at a later date. The transportation director has been meeting with the applicant. The planning office has raised concerns with almost every ele- ment of the employee housing proposal; how many employees generated, occupancy of the unit~ P & Z said the Institute had to house 60 per cent of the employees. The planning office argues that the population should not exceed 1.5 persons per bedroom. Hecht stated the ! proposal is below 1.5. Ms. Smith told Council the planning office has been meetin~ with the Institute several times and they have been responding to items suggested. The City Attorney has just been able to draft the final ordinance. The applicant will address some of the changes. uontlnuem Meetzng Aspen uzty uouncl± du±y Curt Stewart, transportation planner, noted that Aspen ~a~ently has transportation and ~. parking problems and that any further development has ~o~l~6oked at from the standpoint of ~ Aspen how they will mitigate the impacts. Stewart put togeth~:~z~six prescriptive points to Institute discourage automobile use and utilize alternative fo~ms of transportation. These points were reviewed by P & Z and agreed to by Gene Kaluchi and Don Ensign. Stewart said a transit plan to shoW how these will be accomplished should be supplied. Stewart told the Council the applicant feels the points are reasonable and is willing to do them. Stewart said at this time the applicant is will to let Voorheis prepare a plan for review. Don Ensign concurred that' study is necessary, but until they know what the number and program will be, they cannot do a detailed transit plan. Stewart said the City has heard much concern from the residents of the West End relative to the amount of community use that exists out there now. The planning office has not been able to make projections as to what increased community use would do to that problem. No data currently exists on traffic and noise levels.- Stewart recommended the staff be directed to gather those. Stewart said this should be done while the Institute and M.A.A. are going on. Ensign supported this approach. City Attorney Stock told Council there is a history of addressing transportation inside,and outside a development as part of PUD. It would be appropriate to leave the transit for later consideration. Hecht stipulated to address the six points and have a plan to satisfY this at PUD level. Stock told Council the ordinance presented puts in writing exactly what the applicant is presenting, the scaled back version of the application. Stewart told Council he would like the engineering department to set up traffic counters and to have Tom Dunlop take noise readings. }{echt said once the City has that, they will have to respond with a plan. Councilman Behrendt moved that stewart be authorized to proceed with this study regardless of whatever action Council ~takes; seconded by Councilman Behrendt. Stewart suggested the motion be to direct the City Manager to ask the engineering department and the health officer to do the work. Council accepted that. All in favor, motion carried. Stock went over the modifications in this draft, which include adding "commercial confer- ence'' center in page one; adding the same phrase on page two in the second whe~e-~s and deleting "without restriction of the use of the land and of the structures" Two whereas clauses addressing severe ecological and environmental damage may occur and that develop- ment can alter the aesthetic and quality of life in the neighborhood were deleted from objections of the applicant. This ordinance is an alternative from the applicant after they reduced the size of their program and asked that the restrictions be removed. Stock told Council he had not objected to the deletion of those two paragraphs as they were not particular findings of fact. The whereas clause that recites May 29, 1979, when the P & Z recommended approval of a precise plan subject to certain conditions, the rest of the words were deleted. The para- graph makes a finding of fact. In the following sections, each definition is modified to some extent. Definition,a~is modified by taking out the requ~irement that group meetings ~ be a full day. It took out the requirement that only conferees could use the fa.cility -- and the statement that transients are not to be accommodated. Stock told CounciI Section A he had had a great deal of difficulty writing. Stock stated it is the one paragraph in the ordinance which he does not accept. Stock told Council the position of the applicant was that he wanted a statement that transients could be accommodated; the position of the planning office was that they wanted a statement generally that transients could not be accommodated. The City Attorney stated his position was to try to say nothing. The City Attorney's recommendation is included in a separate memorandum. Stock stated the applicant felt this is a good compromise. This would define commercial conference center without referring to transient~. They would then add a Section H which would identif'y what are accessory uses. Stock told Council there is case law on what are and are not accessory uses so it is well defined. Stock's definition would say that accessory uses include uses which are naturally and normally incidental to, subordinate to, and devoted exclusively to the principal use of the premises and does not change the basic character thereof as determined by its principals use. Stock said Council may want to go beyond that, although he would not recommend it. Stock gave additional sentences they could use. Councilman Behrendt pointed out if this facility did not join central reservations bureau and advertising, it does achieve something. Any hotel in Aspen that tried to operate on that basis would go under. Councilman Behrendt said if hotels send the Institute overflow or people bump into the Institute, he could not see what harm it does. Councilman Behrendt said he did not think this would damage, the Council's intention, as long as they are restricted from publicly advertising. This would chop off their viability as a hotel. Stock said enforcement of this would be nearly impossible. Councilman Behrendt said he thought part of Council's intention was to allow them to fill in. Ms. Smith told Council th~'~lanning office is trying to avoid an in-filling that would take over the entire faci~i~ during certain periods of time. If it is said that tourists are "generally" not accommodated, but the facility is totally full of tourists at Christ- mas time, there is still a major impact on the community. The City has tried to avoid this through the growth management plan. Stock's suggestions of leaving out the reference to tourists is prefe~ble The language in "h" clarifies that the use is not to be a tourist use. Hecht told COuncil they needed the ~'~llty' to run the business not only as a conference center, but to work. Hecht stated he~ad no problem with the first sentence of "h". Mayor Edel said if Council struck the Sentence, are they opening themselves to other applicants that could pose a problem. Stock said this is a question of growth management and is it defensible after this occurs. Stock said if Council clearly identified and described the difference between a conference denter, which is basically an academic facility, and a resort hotel, which is a lodge, that Council could justify having a GMP that applies to one and not to the other. Stock told Council if they did not make a clear division between the two, that would subject the plan to being challenged. Stock pointed out if it is allowed transients to be accommo~ dated, there is not much difference between that and a lodge. The limitation of the prugram to accessory uses, so that transients if they are accommodated at all is only an accessory use, with limitations as to no advertising, builds in some protection. Stock Aspen said he had a reasonable apprehension this would create some challenge to the GMP. Institute Councilman-Behrendt pointed out if it is limited to that, they cannot function as a hotel. The wast~of a ten million dollar facility that sits empty, in terms of its ability to support an Institute; there are certain times when it cannot do a conference, like Christ- mas. If Council's purpose is to support the Institute and see it has a viable machine ~pumping money into it, why not let it do that. If the purposes isn't, then no. Stock said if it is said no transients are to be accommodated, it is clear that particular zoning cannot be used to challenge GMP. Allowing minimum transient accommodations, then begins to create the risk. Councilman Behrendt suggested using some language as, such business shall not constitute at any time over the period of a year 10 per cent of the business. Councilwoman Michael said she did not see Council's purpose being directly to support the Aspen Institute. The Institute representatives agree their primary use is as a comme~ conference center. Councilwoman Michael stated the Council has to support the codes ahd laws as they exist; therefore, they have to have the entire first page of Stock's memo. This ordinance must address itself to the use of the facility by transients. Councilman Parry said this process was started before the growth management plan, and Council agreed to look at it as being exempt from the GMP because it was started so much before that. Mayor Edel said he was concernedthe City would liable in any way develop something and shoot a hole in the GMP. Councilman Parry said they would be coming in after the GMP; this was started before GMP. Mayor Edel said the Institute is liable to the GMP. Stock told Council under Colorado law, generally there is no right to development until there is a building permit; ordinances may change and prevent riqht to develop. Hecht pointed out to Council the fundamental difference is that they implemented the GMP in the lodge zone for a reason. The City wants lodges there, those lodges will be regulated as to the pace of their growth. In the Institute area, it is an SPA zone; the City deter- mined they want a conference facility and that is why it Ks exempt. The accessory use does not change the fact this is a SPA zone primarily for a conference use. Hecht said he felt the accessory use is a good way to not get in trouble. Hecht is only objecting to the last sentences. Councilman Van Nes~ said his problem is whether it is~ fundamentally fair to tell one person he cannot build ~ until 1983 and telling the Institute they can build now. Councilman Van Ness said it i~ not a good idea to rely on what the situation is in the lodge industry this year; times do change. Councilman Van Ness said he is concerned the Institute will ease over on the percentage of transients each year. Councilman Behrendt reiterated he would like to see a pro forma./'~nsign said when they revised the program, the need was · to have flexibility with the transients, there is a threshold ar~aand they have cut the cushion when they reduced the rooms. Keluche said their basic approach was to find a number they felt comfortable with that would operate on a commercially viable basis for the remainder of the year when the Institute was not in session. They feel approximately 200 rooms is that threshold; and if they go below it, they do not have an economically commercial unit. They knocked 95 rooms off the original proposal to get the minimum threshold, and feel if they have flexibility they could manage the operation on an equit- able basis. Ensign said the applicant has made a series of assumptions about develop_~,~e~k~ costs, the occupancy rates at 60 to 70 per cent. Hecht said a serious concern of~ir~'financing with a restriction that makes it a single purpose facility. Mayor Ede~ said if it is true that a conference center is a growing segment of the meeting market, it would seem there is a market that is viable and the applicant could go to the bank with justification. Keluche told Council the cheapest investment is to build more rooms; the central facility is a big investment. Councilman Isaac said he could live with section 2 as Stock presented it with "a" and "h" leaving out the last sentence. Councilman Van Ness said the Council has been dealing with a conference center as opposed to a lodge; that is one of the major basis for treating this project different from anybody else. If the Council goes the "generally not tourist use" they will have a tough problem enforcing it. Councilman Van Ness said at this point, he is in favor of tying them down as tightly as possible. Councilwoman Michael said she would go with the entire paragraph; the Council has to retain the right to tie the applicant down as tightly as possible to their primary use. Councilman Collins stated he was inclined to go the same way. Originally this was discussed as an academic/institutional facility, and now it is sliding into a commercial enterprise. The academic nature of the facility ought to be emphasized and minimize the transient. Councilman Collins said he did not feel this could/be ~ hybrid item and satisfy both ends. Councilman Parry pointed out the numbers have been cut down significantly. As Ithe City continues to restrict what they can do, it will be so that it does not work at all. Councilman Parry said he would like to remove the last sentence so that it will work. Councilman Behrendt said it is wasteful to let the rooms just sit there. Councilman Behrendt said the City has to find a way to modify the language so that they ~anno~dver- tise or compete, but that if people come out there, they can fill the room~. Councilman Behrendt said a modification of the last sentence~O~low the Institute to~}~V~ wa~lk=±~- traffic; but they cannot operate the program on a soliciting basis. Mayor Edel told Council he has always been against the size; however, this proposal is coming closer. Mayor Edel stated he feels it is illogical and impractical and totally unenforceable to say they cannot take in any tourist at any time. Mayor Edel said he did not want to set the City up where they could be subject to another type of problem. Mayor Edel said he would be for having the language, but feels they are going to take in tourists anyway. He would vote for the inclusion of all sentences. uon~nuea ~ee~ng aspen ul~y uouncl± 0u±y 3, ±~/~ Hecht said they could support the declaration this is a conference facility with an m accessory use permitted, and that Council is split on the uses permitted. Council is trying Aspen to make this decision legally defensible against the GMP and decide what is reasonable Institue under the circumstances. Hecht told Council they were going to run a conference center, but they want to fill it up when they can. They are willing to concede this is a nominal use. John Doremus asked if Council was trying to assess the impacts of changing this from a conference center to a lodge use, even if it were minimal. This is a major hotel with 2001~Ooms.i Doremus said the West End people might be better off with a larger, strictly conference facility. councilman van Ness said these delays are caused by Council not having decided what they want at the Meadows. Councilwoman Michael agreed the Council is becoming a victim of-the process. Mayor Edel pointed out the languag~.'>drafted by the City Attorney seems to make the facility exclUsively an academic area. cSuncil could say yes, this answers the problem. and stick to it. Councilman Isaac said there are 90 rooms existing now where tourists can stay. The main impact is how many total units they are going to have; the impact is peopl~ not whether it is a conference center or hotel. Councilman Isaac said this definition is pretty close to what Council is looking for, which is eliminating the amount of hotel usage out there. What is going to control the relationship of tourists to conferees is the ability to advertise. ii Councilman Parry pointed out the proposal for 356 units was to bala~c~ th--e~ academic facility, ~ and cut down on traffic. When the number is dr~p~p_~ .~to 200, half off'the people WiI1 be ~! accommodated in town and this is not balancing the academic facil~ty.~ Mayor Edel said the only time they need extra rooms is in the summer, when the town is accustomed to it. Councilman Collins said in the winter to have a viable economic project, they will have to go on full year basis; that is another reason for an objection to this. If this goes intoi! a commercial enterprise, there will .be<a ~e.al impae~t i~ the~_a~.~.~ Mayor Edel asked Council if they were willing to allow any language to permits transients, or are they going to say it is an academic center, If the applicant knows the sense of Council, they will know where to proceed from there. Councilman Van Ness pointed out the Council has been study- ing the impacts of a conference center for years. This is a slightly different use and Council does not know what difference this makes in terms of the impacts. Stock told Council in item "b", they have eliminated restriotions as to use; miscellaneous has been modified to include kitchen and storage facilities. The figures on permitted density have been modified; food and beverage facilities was 9810 square feet, it is now 7500 square feet; meeting facilities is slightly larger 28,750; it was 28,570. The miscellaneous is now 8,015 square feet; it was 15,320 square feet; the recreational facili- ties remain close, increased by 400 square feet. The residential facilities for faculty and guest housing bas come down from in excess of 124,000 to 99,840 square feet. The faculty/guest common area has decreased from 45,000 to 14,000 square feet. The common area for employee housing has dropped by about half from 2900 to 1500 square feet. Ensign passed out a comparison sheet of the new propOsal versus the original proposal. Stock told Council the original proposal had 32 employee units; they now propose 19 units. Stock told Council the total number of bedrooms for the faculty/guest housing was 298; it is now 227 with 12 additional areas proposed, Susan MacMichael told Council she had taken a survey of all the Meadows employees; 46 per cent were interested in living in employee housing and 54 per cent were not. Of those, 90 per cent said if they did live in employee housing, they were interested in only accommodating themselves; 9 per cent wanted to accommodate another person. Ms. MacMichaei went over the amount of employees required to provide services for those outside the facility; if not required to do that; the number of employees for this proposal in the summer and in the winter. The average number of employees currently, if they did not provide off-facility services, is 50; the average number to build out would be 88. Ms. MacMichael told Council, the Institute would like to accommodate 50 percent rather than 60 percent as asked by P & Z, with separate accommodations for 11 percent. This would be 5 studios or 5 one-bedroom apartments, they have not yet made that decision. There is a total of 34 employee bedrooms. 44 employees, or 50 percent of the weighted average, would be housed in 29 bedrooms; this is 1.34 persons per bedrooms. Councilman Behrendt asked if the Institute were to provide housing for a percentage of the employees that actually work there or for a percentage of the employees that want to live there. Council- man Collins noted discussions in the past were for a percentage of persons employed. Hecht pointed out the meet of this ordinance defines a commercial facility. They can live with the limitation to tourism only as an accessory use; it is very clear the primary use of the facility will be for conferences, that is "h" and one sentence of the next sub- section. Councilman Van Ness said he would like to go over the 19 conditions and find out where the proposal is with regard to these. Councilman Collins suggested going over the six points given by the planning office. - Hecht said that uses had been discussed, and Council must make a decision. Open space the City Attorney has prepared a declaration that what is not developed is sterilized increments of 10 years. Stock told Council there is a standard form for deed restricting property, they would restrict all area not built upon as open space. The form is written ~ so that it avoids the problem of the rule of perpetuities. After a term of 20.,.years it renews automatically, unless Council and the applicant agree in writing to not renew. Also included is that the deed restriction runs to the benefits of the City, not to neigh- it could be modified future Councils. It will not boring property owners; therefore, by require approval of the neighboring property owners. Stock told Council they could not put a development cap on because Council cannot take away legislative power of a future Council. Council will be creating two devices, zoning and a private agreement both saying no development beyond this without Council approval. This gives Council two mechanisms to provide added stability. uontlnuea meeting Aspen ~l~y ~ouncll ~u±y D, ±~l~ Councilman Behrendt moved the City accept the writing and the terms as defined by Stock in terms of the concept of open space restriction and development cap; that Council accep Stock's terminology and apply it to the eventual SPA; seconded by Councilwoman Michael. All in favor, with the exception of Councilman Collins. Motion carried. Councilman Collins stated he feels the transportation is a very important element in this whole consideration; it will be a big impact. Stewart told Council he would have a 3 to 4 week time to monitor the traffic currently existing in the West End and also the noise Aspen Institute level. Subsequently, the applicant would go back and prepare a transportation plan to address Stewart's six points, and to provide a means of mitigating traffic impact. Councilman Isaac said this would be at the PUD level. Right now Council is trying to identify the use and density of the project. Councilman Collins pointed out a transporta- tion probl~m.~¢an~ot be defined until they know where the buildings will be sited; however, ~there will stillbe impact regardless of where the building will be sited. Stock told Council the SPA zones the property and gives it density. They do not have the right to build anything until they complete the requirements of PUD. Councilman Van Ness said before Council can decide what density and what use are appropriate, a whole host of questions have to be answered. Now is a time Council can add restrictions to the use based on the considerations, transportation, housing, impacts. Councilman Collins said that PUD is devoted towards internal development of the site; transportation extends out- side the site. Councilman Collins questioned if there was a solution in terms of the town and impacts of traffic as a whole. Stewart said he felt ~he answer is no, as far as getting rid of all impacts of development, it cannot be done. Councilman Isaac moved to put transportation off until PUD process and that Council state ~iin the agreement that transportation is a concern, and that Council is giving approval on this agreement contingeDt upong the mitigation of these problems at PUD; seconded by Councilman Behre~dt. Council amended the motion to add satisfactorily resolved the trans- portation problem. All in favor, with the exception of Mayor Edel. Motion carried. Councilman Behrendt moved that the applicant be required to house 50 per cent of the maxi, mum number of employees; seconded by Councilwoman Michael. Councilman Van Ness said he would prefer to look at the number of employees they expect and have Council pick a number to include housing for x number of employees. Mayor Edel said the City does not know what the number will be. Joe Wells pointed out that P & Z said they s'houl~' house 60 per cent of their employees. Councilman Behrendt amended his motion to go with the P & Z figure of 60 per cent; Councilwoman Michael dropped her second; Councilman Van Ness seconded 60 per cent. Stock told Council the ordinance proposed gives a minimum but that if they cannot house a certain percentage of their employees, they must provide additional housing for the remainder. Council has to decide if the minimum number of units proposed is sufficient. Councilman Isaac said he could rationalize 50 per cent as it was close to what their employees were surveyed at; 60 per cent sounds like too much. Councilman Van Ness said before this ordinance is approved, he wanted a definite number of units stated Council- man Behrendt pointed out this will be arrived at. Councilman Parry commented the whole problem has been to cut down the number of units in the West End because people are con- cerned about this. Increasing the number to 60 per cent will increase the number of units. All in favor, motion carried. Councilman Behrendt moved that it is highly desirable to maximize the residents% inter- action and access to the Institute; seconded by Councilman Van Ness Wells stated the planning office has no quarrel with residents'~ access to the academic facility; however, they see no justification for full blown resident access to the health club, tennis courts, etc. These facilities are available elsewhere where the impacts on the neighborhood are more justifiable. Mayor Edel said he felt prohibiting locals from going out and using these facilities, takes away a lot which was very delightful. Councilwoman Michael said she felt it was a big impact. Keluche said when there are diverse activities on the facility, it is important to be able to schedule them so that there is orderliness. You cannot have random public access, it has to be administered through club membership program. Councilman Collins said it is a harmless motion, but Council is not going to be able to spell out who can and oannot go; that is up to the applicant. Mayor Edel said Council is instructing the staff, who is coming from an entirely different point of view. Mayor Edel said the Council has said that Council is in favor of the community going out there. The planning office wanted to restrict the impact of the community going out there. All in favor, motion carried. Councilman Behrendt stated the question of the Institute remaining in Aspen keeps coming up, and he asked the applicant to respond to this. Hecht told Council the Board has passed a resolution that the Institute is staying here, whether this is approved or not. Councilwoman Michael stated it is important that the endowment be tied to the Institute's operations in Aspen. Councilman Behrendt said if the property is developed and sold, it is important that it is sold to the specific benefit of the Aspen program and that the funds be dedicated to that purpose. Hecht said he could not put that in writing. Stock said the legality of this depends on the form of the document. If Council says this is a condition of zoning, Stock stated it was inappropriate. Zoning is the process of establishing based on community needs and other factors, what is appropriate to go on the property, and does not take into account who is carrying on/on the property. Stock reminded Council they can determine what is appropriate uses and density for the property. Mayor Edel said he felt the question could come forth from the applicant. Continued Meetinq Aspen City Council Councilman Collins said he felt the point was irrelevant in terms of commitment; the Council is talking about city planning and city zoning and impact on the city. Everybody .~!Aspen has kind feelings towards the Institute; however, the obligation to the city as a whole Institute is to look at the applJ~a~ion~obJectively and not Get into emotional issues. Councilman Behrend~ asked if council felt that number 1, the Institute to remain in Aspen, has been met. Councilwoman Michael said it has been asserted that the Institute would remain in Aspen; it has not been stipulated. Hecht told Council he would give them a copy of the Resolution from the Board of Directors. Councilman Van Ness said the only reason they are getting this project through is because they are the Institute, and this is being done in order to encourage them to stay. Councilwoman Michael said she did not feel this was the proper place when someone is applying for zoning to ask for a stipulation. This is out of Council's purview. Councilman Behrendt said with a stipulation, the Council could build a better project if they know it is dedicated for one thing only. Councilman Behrendt said this project was put together to be an endowment fund for the Institute. Hecht said in 10 or 12 years for whatever reason the Institute is no longer viable, the money won't stay in Aspen. Council' man Behrendt said what he is asking for is that the proceeds from a sale be dedicated to the support of the tnstitute's programs in Aspen. Hecht said his concern was that the Institute may not exist any more, althought they hope is exists in perpetuity. Councilman Van Ness noted the city attorney said we cannot legally do this. Stock said Council could not demand this as part of the process. Councilman Parry moved to continue the public hearing to Monday, July 16, 1979 at 5:00 p.m; seconded by Councilwoman Michael. M~yor Edel summarized that Council decided the~main issue still undetermined is the use ~inition, and suggested that staff workon it~ The Council is still uncertain as to the .~ numbers and needs some resolution on the breaki down of numbers. The Council is still uncertain as to the employee housing as it pertains to numbers. All of the other ~f~he six major points have been deferred. Mayor Edel said of the 17 points some have been deferred and some have not been answered at all. Mayor Edel said staff and the applicant should address themselves to points that have not been resolved by Council. Wells noted that most of the points that are not specifically addressed are fuzzy. Mayor Edel asked the applicant address Councilman Behrendt's point about the endowment. All in favor, motion carried. Council left Chambers at 8:20 p.m. Koch~ City Clerk