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HomeMy WebLinkAboutminutes.council.19810309Regular Meeting Aspen City Council March 9, 1981 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel cal~led the meeting to order at 4:00 p.m. with Commissioners Chid, Madsen, Klanderud and Kinsley and iCouncilmembers Michael, Collins, Isaac, Parry, Behrendt present. 1. ~spen/Pitkin County Building Department Fee Increases. Brian Stafford told the Boards the first element of this request are the fee increases. This would generate about ~56,000 in revenues in 1981. The second element is to increase the modifier used to value the property being constructed. Presently the modifier reflects the average cost of construct in the state rather than in Pitkin County. Stafford talked to 10 people in the various businesses involved, they came up with a reasonable modifier to evaluate housing. is now valued at $60 a square foot, it housing. A type, five wood frame dwelling uni~ . was previously valued at $39/square foot. The UBC allows the building inspector to change!i the modifier. The fee schedule is raised t0 increase the cost per thousand in the more expensive construction, Herb Paddock, building inspector, told the Boards the reason behind this is that more sophisticated and larger buildings do cause need for more highly qualified persOnnel for inspections. By initiating this fee schedule, Paddock told the Boards they hoped to be able to have adequate personnel. Councilman Behrendt moved to approve the building inspection fees; seconded by Commissione~ Kinsley. Stafford told the Boards that on owner-built housing, there is a separate price category. Councilman Isaac said it looked to him as if some of the costs are going down. Stafford said in the 25,000 to 75,000 area the price is going down; the actual cost of building department for inspecting smaller projects is not as ~much. All in favor, with the exception of Councilman Isaac. Motion carried. Mayor Edel asked if there was any objections from the people the building department talke~ to. Stafford said the only objection was that people did not want to be valued at costs of extra costs of construction, such as architects, attorneys, costs not related to the hard costs of contruction. Stafford said they do not feel the fees do this. 2. Amendment to Canyon Cable Franchise Agreement. Mayor Edel excused himself for a conflict of interest. John Dady requested from the city a change or deletion in the city franchise agreement with Canyon Cable in Section 11 which says that Canyon Cable will not use any signal beam that is being used by the translator association, which is channels 3, 6 and 8. Dady explained the county's interest in this that Canyon Cable filed a petition with the FCC to keep the county from putting on PBS over the air in Aspen. The claim was harmful interference. Cable has recognized they can solve this problem with phase locking the translators. There is a problem in that the translators above Aspen are the lowest quality available. Canyong Cable has agreed if they can get Section 11 of the franchise deleted, they will provide $25,000 towards the update of the translator equipment and the petition to the FCC will me dropped. John Eldert explained this is basically burying the hatchet between the two systems; they have worked out all the technical problems to have the two systems peaCefully coexist. One remaining hurdle is to get Section 11 removed so that they can broadcast on the same channels. Ms. Butterbaugh said she would also be looking into the franchise agreement to see if the city is comfortable with the agreement in light of new legislation. Councilman Parry moved to direct the staff to bring back the paperwork necessary to accomplish this purpose and to look into the agreement; seconded by Councilman Isaac. All in favor, motion carried. STEIN PARK The City and County had received requests to rename Fisherman Park to Stein Park in hon:.or of Henry Stein. Since the resolution has been written there are some technical problems to be worked out. Councilman Behrendt requested the staff research this because of some public conflict with the donors. Councilman Behrendt moved to table the resolution; seconded by Councilman Parry. Klanderud, Kinsley, Madsen, Parry, Behrendt, Edel in favor; Isaac, Child, Michael and Collins opposed. Motion carried. 4. Amended Ruedi Intergovernmental Agreement was not ready for consideration COUNCIL MEETING MINUTES Councilman Isaac moved to table the minutes; seconded by Councilman Collins. ACCOUNTS PAYABLE There were none CITIZEN PARTICIPATION 1. Bernard Utchenik, representing the committee petitioning to save the Victorian houses told Council they had tried to repeal ordinance 16, but it was too late. They have filed a petition stating, "SHALL Section 24-10.9 (ORDINANCE ~16, SERIES OF 1980) BE AMENDED BY THE ADDITION OF THE FOLLOWING SUB-PARAGRAPH, 24-10.0(c) In the event that any proposed development under Section 24-10,1 et seq of the Aspen Municipal Code requires the demol, ition or removal of an existing structure that has been designated as either having historical or architectural significance in the Inventory of Historic Sites and Structures dated December 19, 1980, prepared for the City of Aspen by John Stanford and Vera Kirkpatrick, the demolition and removal of the existing structure and the proposed development shall be reviewed and approved by the Historic~ Preservation Commission pursuant to the provisions of Section 24-9.1 et seq of the Aspen Municipal Code prior to consideration of an application pursuant to Section 24-10.1 et seq by the Aspen Plannin~ and Zoning CoH~ission and the City Council. Councilman Isaac moved to put this on the agenda; seconded by Councilman Behrendt. All in favor, motion carried. Regular Meeting Aspen City Council March 9, 1981 2. Stan Lauriski, representing the Smuggler Mountain Caucus, was present regarding the expansion of the trailer park. The residents adjacent are opposed to that expansion. Lauriski said all of the interested parties have not been able to get together for a discussion; if they cannot get together, they have come to the conclusion they will take any means to stop the project. Mayor Edel said no one on Council has heard this. Counci~ man Behrendt said the city wants to address all concerns. Mayor Edel asked City Manager Chapman to set up a meeting between all four parties. .~ 3. Gail Mahoney, Pitkin County Housing Office, told Council they are running an employee survey this week which is an update of the 1979 survey. This is a smaller application to include random selection of businesses and employees so that they can sensitize the housing program. There have been donations from the Ski Corp, Hans Cantrup, the Chamber, Board of Realtors and Sno-engineering of either funds or personnel. This will be to see if the housing program is meeting the needs or should be adjusted. 4. Rouhlac Garn, representing Hans Cantrup, requested approval for Cantrup to move the Prospector lodge to the Koch lumber property. This property was annexed but never zoned. Ms. Garn said she would like Council's approval to move the lodge and temporarily put it on the Koch lumber property in order for the Aspen Ski Club to decide whether they want the Prospector lodge and if they want it, where to locate it. Cantrup is in a position to offer property to the Ski Club on Aspen mountain, provided they can get the appropriat~ approvals. Councilman Behrendt moved to put this on the agenda; seconded by Councilman Parry. Councilman Behrendt withdrew his motion. Councilwoman Michael asked that City Manager Chapman look into this to see what the potential problems are and report back. Mayo~ Edet said the adjacent property owners ought to have an opportunity to comment.- Councilman Collins said this ought to go through planning and building departments for their recommendations. Council suggested this go to staff and come back to Council. COUNCILMEMBER COMMENTS 1. Councilman Van Ness said before the city spends any money at the Wheeler Opera House, a public hearing should be held. Council has not specifically addressed the uses of that building. Mayor Edel said the architect will be in Aspen March 17 to explain the problems with the Wheeler. Councilman Van Ness said before the city hires an architect, the Council should decide what the uses area. Council will schedule a public hearing after the architect has been here. 2. Councilman Isaac congratulated everyone involved with the Aspen Winternational. It ~ was a great job and very exciting and hopefully it will be an annual event. Mayor Edel i said Council should set a letter or resolution to the FIS saying how pleased they were. 3. Councilwoman Michael told Council there is a meeting of the Ruedi Water Authority, of which she is the member, and needs an alternate because she cannot attend. Councilman Behrendt moved to appoint George Parry as an alternate; seconded by Councilwoma Michael. All in favor, motion carried. 4. Councilman Isaac said he was unhappy about the meeting last week about the fire hazard at the Aspen Club. Councilman Isaac said it seemed like a last minute thing and he would like to have the procedures changed so that it doesn't happen again. Councilman Isaac said the city should plan ahead and he would like concerns like this to come before Council. City Manager Chapman pointed out this was an administrative decision; it is not something Council votes on. Over a year ago, the then-fire marshal approved that site for the concert. Councilman Isaac said he would like to have some kind of procedure where large group gatherings come before Council. Councilmembers Michael and Behrendt said they were not prepared to do this. Councilman Van Ness agreed with Isaac if Council is informed at the beginning, this could save some aggravation. Councilman Parry said the Council should get a memorandum from the City Manager of what events are going on. Mayor Edel agreed. 5. Councilman Parry read a letter from Don Swales regarding the sale of the Wheeler Opera House film equipment. Councilman Parry moved to put this on the agenda; seconded by Councilman Van Ness. All in favor, motion carried. 6. Councilman Behrendt requested a water plant housing status report. Jim Reents, housin director, told Council they are on schedule for occupancy April 1st for the first two buildings and he does not anticipate any problem from the snow last week. They are puttin~ the carpet in some units at the end of this week. There will be an open house for the tenants to measure and check things out. Councilman Behrendt asked the status of the management policies. Reents said he had four management proposals to go over and will hopefully interview next week. Councilman Behrendt asked about the policy statement for rentals, first last and damage deposit. Reents said he had understood Council wanted first, last and damage. Council said they had not agreed to tha~ and wanted a policy statement from staff. 7. Councilman Behrendt asked City Manager Chapman to look into mile/kilometer signs and see what the County's experience has been. Councilman Behrendt said he likes the transition and would like it as a replacement policy. Everyone on Council but Councilman Van Ness agreed to have Chapman look into it. 8. Mayor Edel requested that Resolution #13, approving the GMP allocations, be added to the agenda. Councilman Behrendt moved to put Resolution ~13, Series of 1981, on the consent agenda; seconded by Councilman Parry. All in favor, motion carried. City Manager Chapman told Council the Steamboat Springs City Council would like to meet with this city council regarding several issues. Chapman said he would have his office set it up. Council agreed. PETITION REGARDING ORDINANCE #16 AND VICTORIAN STRUCTURES Mayor Edel said the person who owns this Victorian should be brought into the discussions; it is unfair to exclude him. Councilman Isaac said this issue goes beyond this one application. Bernard Utchenik the particular Victorian at Cooper and Aspen is already in the process and probably cannot be saved. This was started as a stalling procedure; what they are now trying to do is set a pattern for older, historic structures in the city Norma Dolle told Council she has talked to the zoning enforcement officer who told her the six-month lease restrictions are almost impossible to enforce. If they remove this Victorian and put in an 11 unit apartment building for employee housing, how will this be enforced. Utchenik told Council this amendment would deal with any building listed on the inventory of historical structures. They are concerned with the existing structures of Aspen. Joe Wells told Council the inventory has been completed and is a resource that is now available to Council for consideration of additional districts. Utchenik told Council there is nothing in Ordinance #16, (which is the residential bonus overlay ordinance) that mentions buildings that might be moved Or destroyed. Councilman Isaac said he felt this proposed ordinance has merit but it does not belong in Ordinance 16 Councilman Behrendt said he is for this; however, does Council want to take a lot oK buildings in thi~ town and just freeze them forever. Councilman Parry said he would like to see these structures stay this way but the Council has taken this particular area and make it a highli density area. Also it is impossible to remodel a standing Victorian today and pass the fire code. The Council should enact some legislation to keep the Pockets of Victorians.' Mayor Edel suggested referring this committee to the city's counsel to see if an ordinancell can be drawn up. Sunny Vann, planning director, told Council the staff and Council will be looking at the possibility of extending the historic district or creating pocket districts throughout portions of the community. The mechanisms are there; the staff has not had enough knowledge of the entire community to deal with this On a house by house basis. ORDINANCE ~12, SERIES OF 1981 - Dormitories in RB Zone Councilman Behrendt excused himself due to conflict of interest. Joew Wells told Council this ordinance would amend Section 24-10, the residential bonus section, to allow dormi- tories as a permitted use under RBO in the R-6 zone district. Dormitories are not allowed in R-6. Initially, P & Z wanted these as a conditional use; however, they decided there was enough protection'~ because of the review Under RBOi The amendments are the R-6 zone district would be deleted from 24-10,4(a) and added to 24-10.4(b) taking the R~6 zone district and putting it into a section which does permit dormitory uses. There are some language changes necessary as a dOrmitory use cannot be defined as a dwelling unit. There would be no way to determine the maximum allowable density; the language change establishes as the equivalent of a dwelling unit six dormitory bedrooms. Wells told Council P & Z wanted to add language to only permit dormitory use in R-6 under RBO in those circumstances in which dorms complied 100 per cent with the rent&l guidelines. P & Z concluded there was sufficient protection against abuse by virtue of the language already existing in the regulations which only allow the application of an RBO to sites in excess of one acre; there are very few sites to which this can apply. The intent of the code amendment is to allow a mechanism whereby the proposed mix of employee housing at Little Annie can be accommodated on-site; howeVer, this amendment would apply across the city, so it has not been construed as spot zoning. The other mechanism to accommo- date employee hOusing at Little Annie would be to upzone the site to higher density; this could be open to challenge as spot zoning. Councilman Parry moved to read Ordinance ~12, Series of 1981; seconded by Councilman Isaac~i All in favor, motion carried. ORDINANCE ~12 (Series of 1981) AN ORDINANCE AMENDING SECTIONS 24-10.4(a) AND (b) OF THE MUNICIPAL CODE DELETING THE R-6 ZONE DISTRICT FROM SECTION 24-10.4(a) AND ADDING THE R-6 ZONE DISTRICT TO,SECTION 24-10.4(b) AND ALLOWING DORM~i. TORIES AS A PERMITTED USE IN THE RESIDENTIAL BONUS OVERLAY DISTRICT WHEN THE DISTRICT IS SUPERIMPOSED OVER A SITE WITHIN THE R-6 ZONE DISTRICT AND PROVIDING FOR DEED RESTRICTIONS AND COMPLIANCE WITH RENTAL PRICE GUIDELINES AND AMENDING SECTION 24-10.5(b) (1) TO PROVIDE FOR THE DETERMINATION OF PERMITTED DENSITY FOR A DORMITORY USE was read by the city clerk Councilman Van Ness said he felt there should be some mechanism of limiting the number of people per dorm room allowed. Councilman Isaac said another problem are the parking restrictions and the number of parking places per unit. Councilman Collins said that dormitory should be specifically defined. Also, Ordinance #16 applies to other zones besides the R-6; there might be some other districts that are more appropriate. Wells pointed out that in more intensive residential districts, dormitories are already listed as permitted use provided the RBO is applied. Councilman Isaac said he wouid like a definition of how many pillows per bedroom are allowed. Wells told Council as far as the parking consideration, the RBO is open ended ordinance by which the staff and Council can arrive at an appropriate level of development for the particular site. The parking require- ments can fluctuate considerably per site. Councilman Collins said he cannot accept dormitories in the R-6 zone. He is also concerned that the RBO zoning can be spot zoning when applied. Councilman Isaac said he had a problem with six units as a dwelling unit; other units have two, three or four bedrooms and six is excessive. .......... ~eqular Meetinq Aspen City Council March 9, Wells suggested striking the limitation of six and having it as a review criteria. Councilman Isaac said his concern would be dormitories that are too dense. Councilman Van Ness said there should be some definition of dormitory bedroom. Ted Mularz outlined to Council what a typical dormitory room and building might be like. Wells said the Council can chose not to approve an RBO if it is offensive. Councilman Parry suggested defining a dormitory room as having no more than two people to each room. Sunny Vann, planning director, said the RBO is not appropriate in every site. Councilman Van Ness asked to include a definition of a dormitory bedroom to give people an idea of what kind of uses might be anticipated in the neighborhood. Councilman Collins stated RBO is discretionary zoning on a case by case basis; people are not treated the same. Councilwoman Michael moved to adopt Ordinance ~12, Series of 1981, on first reading; seconded by Councilman Parry. Councilman Isaac said he would prefer tabling; Council just received the ordinance and there are already changes. Councilman Van Ness agreed. Council decided Councilman Behrendt did not have a conflict of interest. Councilwoman Michael withdrew her motion. Councilman Van Ness moved to table Ordinance 912, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #13, SERIES OF 1981 Rezoning Little Annie Joe Wells told Council this ordinance is consideration of an application of the residentia bonus overlay to the Little Annie base site. Wells told Council normally preliminary PUD and subdivision do not come to Council; however, Little Annie has given written permission Conditional use approval for ski facilities on site A-1 is a P & Z consideration, as is the mountain viewplane reivew, the 8040 greenline review and stream margin review. The only application reqUired to be heard by Council is the residential bonus overlay request. Acting city attorney Bob Edmundson told Council that Little Annie has consented to review the process now, which is not generally done. There is the problem of reliance taking back what has been delegated to P & Z, and that is coming to Council in a prelimin- ary stage. Edmundson said if the Council has misgivings, he is of the opinion these should be expressed now. Council has taken on the onus of making a decision at preliminar This will come back in final plat; however, changes shOuld be made now. Councilman Isaac asked if there shOuld be a clause dealing with the reliance factor. Edmundson and Ron Garfield agreed this could be added. Bill Kane told Council P & Z has spent considerable time evaluating the base area site plan. The proposal is to develop a ski area with first phase capacity of 4500 skiers, which includes seven lifts with a mono-cable six-passenger gondola. The original access proposal was to the site by Ute avenue with an operating fleet of nine Bluebird buses. This would involve two uniformed attendants to manage traffic flows in the surrounding neighborhood. There would be two routes, one accessing the lodging area, the other a high volume, short haul shuttle. P & Z felt there should be a better way than this proposal. AnOther consideration was the right-of'way improvements to Ute avenue area required to carry the buSes, pedestrians and limosines. P & Z has asked that the actual transportation mode selection be deferred until the area is actually built so that a more contemporary vehicle may be selected. P & Z recommended selection criteria and enumerated them in order of importance in their resolution. The plan for service to the property was developed by Voorheis; this plan evaluated reasonsable walking distances from the property, developed a mode split between pedes- trians, bus riders, and limo and taxi riders. The transportation plan depends very heavily upon a permit system to protect residential property and the surrounding neighbor- hoods to insure on-street parking are kept for residents. There has been a trail plan assembled which relies heavily on the trail between the Gant and the Clarendon and through Glory Hole park to separate walkers from vehicular traffic. Kane told Council the employ~ housing provides for a total of 36 units at the base, 25 are free standing one-bedroom apartment units, 8 are two-bedroom unit and 3 are dormitory units. At the summit area, there are twolve units proposed as caretaker units. The bedroom total would be 83 and the physical development would range a number of employees between 86 and 113. Ted Mularz told Council they started out with 67 units, a combination of studios, 1 and 2 bedroom units and 134 parking spaces. They found the first housing plan had objections from surrounding property owners, and these were legitimate complaints. They then tried to improve on the housing plan with a redesign to fit the buildings into a bowl, eliminating a building too close to the Gant, and removed the parking area away from the property line and replaced it was green area. The plan ended up with 33 units, 68 bedroo~ and approximately 102 people at the base area. There will be 124 parking spaces, which is more than one space per bedroom. Mularz showed plans of the lower terminal and how they had changed this to make it a better building. Mularz demonstrated the access to the terminal building; how they created green space. They reduced the footprint of the · building from 27,000 square feet to 21,647 square feet; the green space grew from 55 per cent to 64 per cent. The building design is in character with the neighborhood and at the highest point is 44 feet. The monocable storage is underground; the first level has offices and caretaker apartment. There are lockers for ski storage and a skiway access. There is a clear story on top for the sun to come in. Councilman Isaac asked who was responsible for widening Ute avenue. Dave Farney answered it is the cost of Little Annie; the engineering has been done. Councilman Isaac said there needs to be a discussion of the impacts of the ski area all over, not just on this site. Mike Peters pointed out there are a variety of permits that have to be acquired. P & Z felt it was appropriate to only address the city issues because the bigger issues will be addressed through other processes. Councilman Isaac said at some point the Council needs to have a public hearing on the whole development. Wells stated there is no requirement to hold a major public hearing before Council; howevE if Council wants one, there is no reason they cannot do it. P & Z chose not to address the issues outside the base area. Bill Kane said in the Colorado Joint Review Process, of which the city is a participant, Pitkin County, State of Colorado and the City of Aspen at the site specific agreement had an opportunity to identify those requirements which would constitute each local jurisdic- tion. The County chose the special review procedure; the City chose the preliminary plat subdivision and preliminary PUD as the process. Councilman Collins stated a lot of the information in the Little Annie memorandum have to do with concerns outside of the city. Given the impacts of this facility and some of the other projects which seem to be in the mill, there is nothing in all the information on the impact on the city; how much more commercial space will be needed; how many more traffic lights on Main street; how many more police. Councilman Collins said this is a great plan, well thought out and serves a need for skiing; however, no where is it indicated the impact on the city; air pollution, traffic congestion. This information should be available somewhere. All this information addresses the county concerns, but the city concerns are a big portion of this. Mike Peters pointed out there are lengthy consultants reports which deal with the demand and impacts on the city. Councilman Behrendt asked about the extension of the Ute trail to the east and the possibility of using the Riverside trail. Kane said the West End street extension will bei used to channelize pedestrian traffic. Kane demonstrated some of the trails on the plan. McArthur said the engineering department is requiring a 10 foot sidewalk all the way down the north side of the street. Councilman Isaac questioned the operation and hours of the summit facility. Ron Garfield, counsel for Little Annie, told Council this will be taken care of through an agreement with the County; they do not yet know the hours of operation, il These details will come later. Councilman Isaac pointed out if the gondola is to stay open late hours, this will impact Ute avenue and the parking permit system. Farney said they felt there would be less impact because the traffic would be spread over more hours. CounCilman Collins asked what per cent total employees would be hoUsed by Little Annie. Peters said approximately 70 per cent of the total number Of employees would be housed. Councilman Isaac said he had a problem with the gondola system because people have to ride up and down; there will be 4500 skiers with a lift capacity of 2100. Councilman Isaac said he did not think people would wait for the gondola but would ski down, which will affect the Castle Creek or North Star ranch areas. Councilman Isaac pointed out this is the largest development the city has faced in ten years and the impacts will be substantial. Councilwoman Michael said the major trade off of this proposal is to address the bed/skier balance between Snowmass and Aspen. This should minimize some traffic on highway 82 and to provide the type of skiing in Aspen some people travel to Snowr~ass to get. Mayor Edel asked about the heighth of the building in the base area. Joe Wells said the P & Z had allowed a certain penetration into the view plane of 6 or 7 feet. Mayor Edel asked the impact on Ute Cemetery. Peters said the Little Annie group has had discussions with the historical society about this and they feel Little Annie will add to the security of the cemetery. Wells said this concern was a concern of the previous Council; if it is not a concern to this Council, it can be dropped. Mayor Edel asked about the Larkin parce~ Wells explained is it 14,405 square feet and by virtue of this application, the Larkin parcel is to be relocated at the north end of the site. Under previous zoning, the site would be eligible for a single family dwelling. Under this PUD application, the applicant has agreed to accep no more than a duplex. Councilman Isaac said he understood Little Annie has no deed to water rights. Ron Garfiel~ said that is incorrect; they have conditional decrees for wells on the site. Garfield said the drilling program has not been completed, and there are a number of wells with water that have not been tested. Garfield told Council the augmentation plan has not beenii approved by the Courts. Councilman Isaac said he would like the city's water attorney to look into this because there is a possible conflict with city water rights. Wells told Council the scope of this application exceeds far beyond anything the city has ever reviewed at a preliminary plan level, and to what extent can the City expect the applicantl to go to great expense to address all the problems. The planning office tried to identify areas that have no mitigation or do not ~equire permitting to allow the application to proceed. Councilman Isaac asked how many total employees there would be. Bill Kane answered 164 full time with some part-time over Christmas. Councilman Isaac raised the issue of financing, this project requires raising $30,000,000 and that Little Annie is asking for $15,000,000 in loans that will be federally guaranteed. Garfield told Council there is a pre-application for a FmHA loan. Garfield said Little Annie has finanCial pro formas developed by their consultants and verified by the city's independent consultants; the forest service has also commented these are reasonable. Mayor Edel asked what their reaction to the performance bond is. Peters said that will be required bY the forest service. Councilman Isaac pointed out the ratio of capital costs to skier capacity, whichli is $6500 per skier, which is extraordinarily high. Kane said Little Annie has formally objected to a section of the EIS which compares this figure to the 78-79 economic analysisi~ siting $1000/per skier. Kane said this $1000 is the value of the dePreciated assets in place which is an unfair comparison because many ski areas in Colorado have lifts which have been open since the early 1960's. Councilman Behrendt brought up the vehicle selection and asked if Little Annie would be contracting with the city for transportation like the Aspen Ski Corp does. Peters told Council they would prefer that type of agreement, but if it is not appropriate they will do something else. Councilman Behrendt said he would like to have the same type of equipment that is already in use. Councilman Van Ness said he did not feel the overall Positive effect on Aspen business will be as great as anticipated. Mike Peters told Council one of the premises behind the whole area was not necessarily a generation of additional people but displacement of people. Councilman Isaac said the stopping traffic at the east end should be coordinated with the operating schedule of Little Annie. Regular Meeting Aspen City Council M~?3 .1~8~ Mayor Edel said he presumed a contract will be drawn up to cover many items, such as reimbursement of the city for buses, paying a parking person, work on Ute Avenue, etc. Garfield said the will be park of the final plat stage. Mayor Edel asked if there had been any discussion between the applicant and the city about contributing to the Rio Gran parking structure. Wells answered the applicant anticipates no contribution. Mayor Edel requested some discussion about this. Mayor Edel asked if there was any commitment on th~ city's part for the second phase. Wells told Council that Little Annie has waived relian( on the second phase, The staff is trying to keep the city protected. Mayor Edel asked about the reco ~truction of the Midnight Mine or Little Annie road. Wells said this is anticipated in the first phase. Councilman Isaac asked about the season pass. Peters said Little Annie has committed to this in the P & Z resolution. It will be an affordable season pass and will be a market decision. Little Annie has requested Sno-engineering to research what other areas do for a pass. Councilman Behrendt moved to read Ordinance #13, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #13 (Series of 1981) AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, SECTION 24-2.2 BY CHANGING THE ZONING OF THAT PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY THIS REFERENCE FROM R-6 TO R-6/PUD/RB was read by the city clerk Councilman Behrendt moved to adopt Ordinance #13, Series of 1981, on first reading; secondE ~ by Councilwoman Michael. Councilman Isaac requested a reliance section in the ordinance. Councilman Behrendt amended his motion to include this. Roll call vote; Councilwoman Micha ~1 aye; Parry, aye; Collins, nay; Isaac, nay; Behrendt, aye; May~r Edel, aye. Motion carried. Council postponed the Little Annie EIS off until Wednesday March 11, 1981. REQUEST FOR COUNCIL TO DONATE LAND AT RIO GRANDE FOR PERFORMING ARTS/CONFERENCE CENTER Richie Cohen read a memorandum to Council regarding this request. "It is a belief of a growing number of citizens of our valley that the time has come to take the steps necessary to begin the next phase of the development of a performing arts/conference facility and the Rio Grande property as recommended by the Rio Grande Task Force. There is a recognize~ need on the part of the Chamber of Commerce for the promotion of the city of Aspen as a conference center with a growing awareness of the need of the community for a year round performance center. The Music Associates and Ballet West are studying the possibilities oi joint usage and both organizations, as well as other organizations, are aware of the benefits that would accrue to each of them. It is therefore requested that the City Council pass a resolution designating a non-specified one and one-half acre parcel in the Rio Grande property that will be set aside as the site of the future performance/conference center. A non-specified site will not inhibit the planning process needed for the entire parcel and will demonstrate the dedication of the city government to the center. This will enable an effort to begin to obtain the financial commitments needed to finance the project Tonight it is requested that Council ask staff to draft such a resolution so Council may expedite this matter with as much speed as possible." Cohen told Council he wa.s not specifically representing any group but a citizen trying to get a year round operating facility within the city of Aspen. Cohen told Council he has been meeting with a broad spectrum of people representing arts, business and both. Cohen submitted tethers from Mike Strang, VOICE, Tom Richardson, Pam Arnold of the IDCA and the Aspen Center for the Visual Arts all supporting this proposal. Councilman Behrendt moved to direct the staff to write a resolution designating a non- specified one and one-half acre parcel on the Rio Grande property to be set aside as the Site for a future performing arts/conference center; seconded by Councilwoman Michael. Mayor Edel said Council is saying they are behind this project and if the groups come up with the money to build the project, the city will given them an acre and a half. Council- man Van Ness asked what happens if in future years another Council decides they want to do something different with the property. Mayor Edel said a Council could change its mind; this Council feels this project should be backed. Councilwoman Michael said this is a commitment and might be binding at some level. Councilman Van Ness said there is discussio a performing arts center may be built at the Meadows. Councilwoman Michael suggested the resolution be drafted to make a commitment but to protect the city from other Contingencies Cohen told Council he is asking for a commitment from the city that if this project gets off the ground, if the money can be raised, there will be one and one-half acres of land on that property for this. City Manager Chapman said he felt this would be making a significant commitment. The Council had directed Chapman to meet with the architect to prepare site design work. Councilman Collins questioned whether the city has that kind of land to give away, in terms of other city needs. Also should this go to the voters. Councilman Isaac said Cohen is not asking to get the land, just to designate the use of the land. All in favor, with the exception of Councilman Collins. Motion carried. WHEELER OPERA HOUSE THEATRE EQUIPMENT Mayor Edel explained the lessee, Don Swales, approached the city with the opportunity of purchasing the projection equipment for a total of $12,000. Don Swales told the Council when the thought the building was being closed on April 1st, he went to the supply companie who handle sales of this kind of equipment. They have offered $12,000. The sale of this equipment would leave the city with an empty shell. If the city buys the equipment, they can continue using the Wheeler. Swales said new equipment would cost $30,000. Councilman Isaac asked if the city had $12,000. Ms. Butterbaugh said there was that in the RETT fund. Council requested that City Manager Chapman check out the price of similar equipment and get back to Council. ~egu±ar Meeting Aspen City Council March 9, 1981 ORDINANCE ~9, SERIES OF 1981 - Restaurant as conditional use in C-1 zone Planning director Sunny Vann reminded Council this has been discussed before and Council directed staff to draft an ordinance. Councilman Behrendt moved to read Ordinance #9, Series of 1981;~seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #9 (Series of 1981) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A RESTAURANT AS A CONDITIONAL USE IN THE C-1 ZONE DISTRICT was read by the city clerk Mayor Edel asked if this were a piece meal approach to the C-1 zone. Vann told Council the P & Z has requested the planning office to look at all uses in the C-1 zone. They will make a recommendation to Council. Councilman Van Ness said given the intention of the C~i zone district, a restaurant is as much non-tourist oriented as a jewelry shop or real estate office. Restaurants should be included as a use; it is not a deterioration of the zone. Councilman Behrendt moved to adopt Ordinance ~9, Series of 1981 on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Van Ness, aye; Collins, nay; Isaac, nay; Behrendt, aye; Parry, aye; Michael, aye; Mayor Edel, nay. Motion carried. Councilwoman Michael left Council chambers. ORDINANCE #14, SERIES OF 1981 - Code Amendment to Section 20-22 Alan Richman, planning office, told Council both P & Z and Council requested language be developed to add an additional requirement in condominiumization regulations, thatthe life, health and safety inspections be added as a procedure. P & Z felt it might be an appropriate place in the process of condominiumization because of change of ownership. The inspections would be done during the referral or review process so that by the time P & Z heard the application, the comments would be available from the building department. The building inspector said there is no way to restrict the inspections to life, health and safety only; they will look at the building as a whole. The building inspector already has the right to go into a building at anytime; this just changes the process so the city can get comments. Councilman Behrendt agreed the building inspector could make it impossible for the applicant to comply. Councilman Behrendt suggested adding to the ordinance, "this inspection shall primarily concern itself with fire, health and safety conditions~. Gideon Kaufman told Council he is concerned about the building inspector going into older buildings, finding a lot of things wrong and the applicant is faced with having to correct them. People with really bad units will not come in for condominiumization because they cannot afford the changes. This way bad units will only get worse. Councilman Isaac moved to read Ordinance #14, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #14 (Series of 1981) AN ORDINANCE AMENDING SECTION 20-22 OF THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A NEW SECTION (e) PROVIDING SAFETY MEASURES TO BE TAKEN PRIOR TO THE CONDOMINIUMIZATION OF ANY STRUCTURE was read by the city clerk Councilman Isaac moved to adopt Ordinance #14, Series of 1981, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Parry, nay, Van Ness, aye; Isaac, aye; Behrendt, aye~Collins, aye; Mayor Edel, aye. Motion carried. PROPOSAL FOR 19th GREEN Councilman Isaac said this is ahead of the game. Councilman Isaac moved to table this item. Motion DIED for lack of second.i%~ Councilman Behrendt said the concept is a good idea and is needed. The city will get complaints if the restaurant/bar is not open to the public. Mayor Edel asked if the staff was working on other proposals. Council requested the City Manager advertise this and take bids and return to Council with the two best offers by April 1st. CONCEPTUAL SUBDIVISION REVIEW - Werning Alan Richman, planning office, told Council this is a .4 acre site on Park Avenue and Parki! Circle and this review request is for remodellin~ and rebuildin~ the units at a hi~her density. There are 13 units existing; they are requesting 20 units on the site, of which 10 units will be employee units. There will be a decrease in the number of free market units. Residential bonus overlay will allow this to occur outside of the GMP. There is no parking variation being request; there are 20 spaces for>~20 units. The curb cut violatio~ has been taken care of. There is adequate drainage. Richman pointed out 35 per cent of the parcel is open space; however, there is no open space requirement in the R/MF zone. The final issue before P & A was the density issue; the planning office pointed out this would go from 32-1/2 units per acre to 50 units per acre. However, the bedroom count will drop. Councilman Van Ness asked how the new project compared in terms of square footage. Kaufman told Council there is a Slight increase in square footage. On the property, they would be allowed 17 units on the property; under RBO they are only asking to increase 3 bedrooms more than the underlying zone district allows. Councilman Behrendt moved to approve the request for conceptual subdivision approval by the Werning Subdivision subject to the following conditions: (1) the applicant's provision of ~ ~ ~ ten (10)~ ~ low income housing among the proposed ten deed restricted units; (2) the applicant's signing of a lease for the proposed 10,000 square feet of open space, said area to be shown as part of the subdivison plat; (3) agreement by the applican to provide a water system interconnect between the King street and Neal Avenue lines; i (4) the applicant's dedication of a sufficient road right-of-way following consUltation with the city and county engineering departments; (5) the understanding that at the pre- liminary plat stage, further consideration will be given to the landscaping, massing and bulk and their relationship to the request for residential bonus overlay. The approval of the;RBO shall be based on the provision of a high concentration of low income units among the 10 deed restricted units proposed for the site; and (6) the applicant agreeing that he shall coordinate planned road improvements in the area with construction of curb, gutter and sidewalk, which shall be provided by the applicant along Park avenue and Park circle; seconded by Councilman Parry. Councilman Isaac said he was concerned because presently the building is being used entire y for employee housing. Kaufman told Council all the units are outside the employee housin¢ guidelines and could be condominiumized and sold on the free market. Kaufman said this projects provides ten employee units and tries to minimize the impact on the neighborhood Kaufman told Council the P & Z had asked for a high concentration of low income units; they have promised 6 low, 2 moderate and 2 middle. KaUfma.n said they could not guarantee ten low income units because they would lose money on those units. All in favor, with the exception of Councilmembers Collins and Isaac. Motion carried. Council re-voted on the motion because of confusion as to whether the employee units were to be ten units or a mix. Mayor Edel and Councilman Behrendt in favor; Councilmembers Parry, Van Ness, Collins and Isaac opposed. Motion NOT carried. Councilman Parry moved the emplOyee housing units be six iow; two moderate; and two middle seconded by Councilman Van Ness. Councilmembers Parry, Van Ness and Mayor Edel in favor; Councilmembers Isaac, Behrendt and Collins opposed. Motion NOT carried. Councilman Behrendt moved the original motion, ten low units; seconded by Councilman Van Ness. Councilmembers Van Ness, Parry, Behrendt. and Mayor Edel in favor; Councilmembers Collins and Isaac opposed. Motion carried. CONCEPTUAL PUD - City Market Jack Johnson, planning office, told Council City Market is requesting conceptual PUD approval for it grocery store and they are requesting approval for reduction of parking an variances to the open space. City Market got approval from P & Z to expand their present building by 3500 square feet. The Code would require 48 parking spaces; City Market currently provides 33. City Market parking spaces are currently 10-1/2 feet wide; the Code requires 8-1/2 feet; they will cUt down the size of the spaces. City Market is also ~J proposing to have the vehicle unloading at the rear of the building. Councilman Behrendt moved to approve the City Market conceptual PUD to include reductions in the parking requirements, to require only 5 additional spaces and the waiver to the open space requirement subject to the following conditions; engineering requirements as per memo dated February 3, 1981, except that No. 4 should be changed to require 38 instead of 40 spaces; seconded by Councilman Parry. ~11 in favor, motion carried. CONCEPTUAL SUBDIVISION - Parker QUillen Sunny Vann, planning director, reminded Council they approved this at a prior meeting subject to negotiation of an agreement which would absolve the city from a pending lawsuit. The city attorney's office has drafted this settlement. Nick McGrath said his concern with the resolution is that it seems to unfairly curtail the public hearing at the prelim- inary plat stage. McGrath pointed out in the second whereas, there is wording that the city's subdivision authority is more limited than the city contends. This resolution does not simpl~ approve conceptual because the city wants to settle litigation, but directs P & Z of the Council's intent. McGrath said the resolution should be made clear of the city's intent to settle the litigation but to allow his clients to be heard at the public hearing. Bob Edmundson, acting city attorney, told Council he did not object to changing the language of the resolution. This is a conceptual approval based on' dismissal of a case. Jon Seigle told Council he felt the language presented was appropriate; at the last meeting, it was acknowledged P & Z was an independent body but it was the consensus of Council they were directing P & Z that Council Would like to see this approved. Council was not usurping any part of the process. This was an important consideration concerning the language Seigle required to drop the lawsuit, because they recognize the nature of the proceeding that P & Z can still dead end this. That's the reason they agreed on the language as presented. Seigle said McGrath still had the full ability to present his client's view in the public process. Edmundson said he and Paul Taddune were comfortable with the language the way it is. Mayor Edel asked if Council was setting a precedent. McGrath told Council the resolution implies that "you" may not consider the subdivision policy statements as ground for denyin~ this application. McGrath said the second whereas troubled him; it unduly narrows the authority. Taddune told Council this resolution is explaning to P & Z it is Council's I desire to have this subdivision approved, notwithstanding the policy considerations, so ~ long as the application otherwise complies with the subdivision requirements. There is a policy aspect to this, and Council is advising P & Z of what their feeling is. ~ Councilman Isaac moved to read Resolution #12, Series of 1981, by title only; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION #12 (Series of 1981) A RESOLUTION APPROVING THE QUILLEN CONCEPTUAL PRESENTATION TO RELOCATE AN EXISTING PROPERTY LINE BETWEEN LOTS 11 AND 1,2, BLOCK 1, RED BUTTE SUBDIVISION 3058 Regular Meeting Aspen City Council March 9, 1981 Councilman Isaac moved to adopt Resolution #12, Series of 1981; seconded by Councilman Parry. All in favor motion carried. CONSENT AGENDA Mayor Edel opened the public hearing on the consent agenda; (1) Liquor license transfer - Primavera Ristorante, (2) Ordinance ~66, Series of 1981 - Lease with Elder, Quinn and McGi 1 (3) Ordinance #11, Series of 1981, purchasing electricity, and (4) Resolution for the 19811 TPJesidential GMP allocations. Ordinance ~11 was removed because it is premature. Mayor Edel closed the public hearing. Councilman Beh~endt moved to approve items 1, 2 and 4 of the consent agenda; seconded by Councilman Parry. All in favor, motion carried. Councilman Par~ymoved to adjourn at 10:40 p.m.; seconded by Councilman Isaac. All in favor, motion carried. · KathYyn~. Koch~ City clerk~