Loading...
HomeMy WebLinkAboutminutes.council.19740422 Meeting was called to order at 5:00 p.m. by Mayor Stacy Standley with Councilmembers Jack Walls, Jenifer Pedersen, Ramona Markalunas, Pete DeGregorio, James Breasted, Michale Behrendt, City Manager Dr. Philip Mahoney and City Attorney Sandra Stuller. MINUTES Councilwoman Pedersen moved to the minutes of 8, 1974 approve April prepared and distributed bY the City Clerk. Seconded by Councilman Walls. All in favor, motion carried. CITIZEN PARTICIPATION a. Attorney James Moore introduced District Attorney Tucker who urged Council Police Funds passage of Resolution #11, 1974 as proposed last on the agenda. Mr. Moore request spending of the funds be withheld until such time ~as all papers are received from the Internal Revenue Service. b. Mr. Clint Sampson of Metro Sanitation District request written approval from Sludge, Dump Council to utilize the dump site for sludge deposit for a three month period. County apProval was given this date. Council informed Mr. Sampson approval had been previously given by Council, City Attorney to proceed with approval in writting. Mr. Sampson informed Council no new taps are being issued; mechanical problems due to vandalism at the old sanitation plant and area for sludge deposit a problem at the Metro Plant. $,.~. Representative from HUD outlined to Council the necessity for the adoption of ~Resolution 9~/1974, applications and ultimate flood insurance to gain Federal Flood Insurance assistance. All loans within flood plains or areas are required to have flood insurance. By July of 1975 entire United States will be mapped as relates to flood areas. Councilman Walls moved to read Resolution ~, Series of 1974, seconded by Council- woman Markalunas. Ail in favor, motion carried. RESOLUTION 9tl, SERIES OF 1974 WHEREAS, certain areas of the City of Aspen are subject to periodic flooding (and/or mudslides) from its streams and rivers, causing serious damage to properties within these areas; and WHEREAS, relief is available in the form of Federally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968; and WHEREAS, it is the intent of the City Council to require recognition and i . evaluation of flood (and/or mudslide) hazards in all official actions relating to land use in the flood plain (and/or mudslide) areas having special flood (and/or mudslide) hazards; and WHEREAS, the City Council has the legal authority to adopt land use control measures to reduce flood losses pursuant to its authority as a Colorado Home Rule City under Article XX of the Colorado Constitution and Section 24-1 of the Aspen Municipal Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the City Council assures the Federal Insurance Administration that it will enact as necessary, and maintain in force for those areas having flood or mudslide hazards, adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Section 1910 of the National Flood Insurance Program Regulations; and 2. That the Aspen Planning Department be vested with the responsibility authority and means to: (a) Delineate or assit the Administrator, at his request, in delineating the limits of the areas having special flood (and/or mudslide) hazards on available local maps of sufficient scale to identiy the location of building sites. (b) Provide such information as the Administrator may request concerning present uses and occupancy of the flood plain (and/or mudslide) area. (c) Cooperate with Federal, State, and local agencies and private firms which undertake to study, survey, map, and identify flood plain or mudslide areas, and cooperate with neighboring communities with respect to management of adjoining flood plain and/or mudslide areas ih order to prevent aggravation of exist- ing hazards. (d) Submit on the anniversary date of the community's eligibility an annual report to the Administrator on the progress made during the past year within the corm~unity in the development and implementation of flood plain (and/or mudslide area) management measures. 3. That the City Engineer maintain for public inspection and to furnish upon request a record of elevations (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures located in the special flood hazard areas. If the lowest floor is below grade on one or more Sides, the elevation of the floor immediately above must also be recorded. - 4 That it will take such other official action as may be reasonably necessary to carry out the objectives of the program was read in full by the City Clerk. Councilman Breasted moved to adopt Resolution ~11, Series of 1974. Seconded by Councilman Walls. All in favor, motion carried. d. Chart House, Inc. transfer of liquor license. Ail forms with the exception of Chart House fingerprint reports were submitted by Attorney Kern. Liq. Transfer Councilwoman Pedersen moved to approve the transfer contingent upon no adverse comments on fingerprint reports. Seconded by Councilman Walls. All in favor, motion carried. ORDINANCE ~13, SERIES OF 1974 DOWN ZONING %_3 Ute Area down- Mayor Standley opened the public hearing, zoning City/County Planner Herb Bartel submitted entire proposal as a part of the file. Reviewed with Council maps showing present zoning in the area including adjacent County onlng and the proposed zoning. Reported the Planning Office took into consideration the following criteria which resulted in the Ute Avenue Plan proposed: (1) ownership patterns, (2) project trends, (3) field information submitted by the subcommittee. Further considered establishment of a transition in zoning from County to City, retention of the open space characteristics, impacts on transportation and the circulation in the area, character of the area would be such that existing residences would remain, encourage construction of single family and fourplexes, consistency with densities and land uses adjacent in the County. Lot area requirements were changed for duplexes with provisions to vary from two units in a structure by the PUD process. Also under R-15 number of units can vary within a structure by the PUD process. Aspen Alps was not included in this proposal as it was felt this complex made a good boundary line in considering the transition in zoning from one area to another. Planning and Zoning in February did recommend to Council that the Ordinance #19 land use map be amended to include this proposal. It was felt at that time a full view of the total city proposed zoning should be reviewed prior to recommending down-zoning for this specific area. Mr. Bartel submitted on the walls of the Chambers, complete proposal (maps) of the entire City proposed zoning excluding the institutional zoning. State P & Z would be considering these areas in study sessions over the next two weeks. Hearing on these areas has not been determined at this time. Attorney James Moran was present representing the Clarendon presently at preliminary stage before the P & Z. Mr. Moran submitted letter outlining relationship between the Clarendon and Ordinance #19. Questioned Councils action in reviving old Ordinance #12-A (under consideration at this time as Ordinance #13, 1974.) Can see the only purpose as a stopping of the Clarendon project. Mr. Bartels reasons for the down-zoning are not the prime reason. Prime reason being the large number of applications for projects in the proposed area and the down-zoning was proposed in response to those applications. Original application by the Clarendon was made prior to ordinance #19. Applicant did agree to review under Ordinance ~19 when it - was enacted. Original application for 36 units. Ordinance ~19 was amended to include density and impact considerations. Following the amendment applicant eliminated one building and came back with 24 units. At this time believe this to be the only project application in this area. Do not understand the Councils action to go with the down-zoning at this time when previous action by Council (Ord. ~12) agreed to amend Ordinance #19 land use map incorporating this proposal. Applicant has agreed to everything requested by P & Z - no access off of Ute Avenue, view corridor designed to fit Glory Hole Park. If the down-zoning is not aimed at this project, question if Council would eliminate the pending application from the down-zoning. This project started last October and is now in the preliminary stage before P & Z. Mr. Charles Vidal also representing the Clarendon request Council postpone final adoption of the ordinance for one week, at which time will have a proposal for Council to consider. Feel flexibility has been left out of this proposal. Council agreed to continue the meeting and hearing to Wednesday, April 24th at 5:00 p.m. WOERNDLE ANNEXATION PETITION Petition and plats were submitted. City Attorney informed Council the petition Woerndle Annex. will require adjustments to conform (improper signatures). Applicant stated the area consists of 3.2 acres and annexation has been in the mill for about two years. County zoning is R-15 PUD. City Engineer reported that water could not be extended to this area until the marolt line is constructed. Area planned for seven single family dwellings, 1/3 of the area will be open space and there will be five common areas. The area is adjacent to the City and logical should be a part of the City. City P & Z recommended annexation in November 1972. Mr. Bartel stated the way to influence development of the area is by annexation. Economist Yank Mojo stated the City would lose revenue on the PIF fee. Mr. Wm. Dunaway stated the loss in revenue from PIF would be compensated by the 4% dedication requirement under subdivision regulations. Also Aspen Grove to the east may want to annex but cannot until this area becomes a part of the City. Councilwoman Pedersen moved that the petition conform with statutory requirements I with up-to-date signatures. Seconded by Councilman Behrendt. All in favor, motion ~ carried. Councilman Behrendt moved to accept the petition for annexation upon conformance. Seconded by Councilwoman Pedersen. All in favor, motion carried. AIRPORT SITE PLAN STUDY Airport, Pro- _~osed joint Mayor Standley reported the County is requesting financial assistance from the City !study in a $12,000 study by Harry Weiss and Associates at the airport. County Manager further informed the Mayor, the study may go as high as $20,000. Questions before Council at this time are: (1) does the City desire to participate; (2) at what percentage on participation, (3) who to do the study. Councilman Walls stated he was not enthusiastic about using City sales tax trans- portation funds for out of the City transportation projects and do not agree with being loced in on the consultant already chosen by the County. Do not agree with participation at this time when it is questionable as to the amount of participation the City will have in the decision making process, County presently has many problems at the airport. Suggest the City lease space, if this location is desirable, from the County. ,! Councilman Walls moved that the City not fund the study on site planning for the airport. Seconded by Councilwoman Markalunas. Mr. Bartel stated the site plan is necessary, many elements of the transportation plan depend on planning of the airport. The airport has been outlined as the central transfer point and meeting center for all modes of travel. Councilwoman Pedersen stated participation by the City should not be cut off but should be contingent upon joint agreement of the City and County on a consultant to do the pro~ect. Mrs. Pedersen made a motion in this regard, motion died for lack of second. All in favor, except Councilwoman Pedersen who voted nay. Motion carried. APPOINTMENTS P & Z - Councilman Walls nominated Charles Collins, seconded by Councilwoman Charles markalunas. Councilman Breasted moved to nominate Emily Steven, seconded by Collins Councilwoman Markalunas. Councilwoman Markalunas nominated Kit Mason, seconded by Councilman DeGregorio. Councilwoman Pedersen nominated Robert Barnard. Seconded by Councilman Walls. Results of paper ballot showed Charles Collins appointed. F. Whitaker Employee Retirement Board - Councilman Walls moved to appoint Francis Whitaker. Seconded by Councilwoman Pedersen. All in favor, motion carried. PTARMIGAN LODGE - USES Mayor Standley reported Council needs to decide whether they wish the use to be Ptarmigan Use of a commercial or educational nature. Councilman Breasted stated he felt the area should remain a commercial use com- patiable to the golf course and its expansion, building needs, repors and main- tenance and should not be jeopardized as an asset to the City. Feel negotiations should include consideration of low rates in the summer months for MAA people and Ballet West. Councilman Walls stated he felt lodging and improvements would be a better situatiion for the City financially. Realtor for Mr. Dan Wiegner of the Pomegranate stated they are amenable to working out arrangements for MAA to use a large portion of the rooms in the summer time. Do not feel the lodge, bar, golf course etc., are compatiable with a school. Mr. Stern representing MAA stated he was not sure MAA would be compatiable with a lodging operation. Stated their proposal was such that MAA would utilize the premises during the summer and Country Day School in the winter time. Present site cannot be used in the winter time and have reached capacity of this site. Councilwoman Pedersen stated she would vote against commercial use of the property. Think the property should be used for those things that are public and community oriented. These organizations are being pushed out of the community. Councilwoman Markalunas stated she felt the best use of the Ptarmigan would be commercial use. When the City purchased the property three years ago, the intent was it remain a golf course and open space. The City tri~d to sell the Ptarmigan at that time and it was voted down. Feel the City has accomplished a large recreational complex in the area and a support facility is needed for the rec- reation area. The storage space is needed for the complex and employee housing could be provided in the basement for employees working at the golf course. Feel MAA should consolidate their facilities in one location. Councilman DeGregorio stated there would be many problems arising with a school in that location, maintenance problems etc.. Councilman Behrendt moved that the City pursue bids for commercial use only on the Ptarmigan property. Seconded by Councilman Walls. All in favor with excep- tion of Councilwoman Pedersen who voted nay. Motion carried. Members of the audience voiced their objection to Council acting without citizen imput. Councilman Breasted moved to reconsider Ptarmigan use motion. Seconded by Council- woman Pedersen. All in favor, motion carried. Representative of MAA and Aspen Country Day School stated he would like to urge Ptarmigan Council not to preclude cultural development for the community. If Council is Use considering this problem as a monetary situation, the offer by Pomegranate requires the City to pay back the improvements. As relates to golf, its a five month use as compared to 12 months use as educational. Do not agree that golf operation is incompatiable with education. Those representatives for athletic club restated their proposal and pointed out their investment would be given to the City. This type of operation would be compatiable with MAA, Ballet West and Country Day School. Mr. Hank Pedersen stated by taking this facility out of the commercial market would help to maintain the area along the highway as open space. William Dunaway stated people voted against the sale of the Ptarmigan because they did not want the facility as a commercial use but as public use. Feel the City should do something for the public sector. Councilman Breasted stated Aspen needs a performing arts center of a larger magnitude than the Ptarmigan could provide. This has and is being considered in the site planning for the Rio Grande Property. Mayor Standley pointed out that because members of Council are for commercial utilization of the property does not mean they are against cultural interests for the community or going against limiting growth. The facility is a debt of the City and must meet this indebtedness. The City is also presently working toward utilizing the Opera House for cultural purposes. Public school system is funded by a mill levy and do not feel public, funds should be used to fund private education. Representative of the Aspen Country Day School stated they have enrolled 61 students whose parents pay taxes but are not a burden on the public school system. Councilman Breasted stated he felt the Council was committed to keeping the golf course area as a recreational complex. Mayor Standley urged those present representing cultural interests to contact condominium and lodge owners as to help with accommodations. The city's 50 beds should not be the only beds considered. Manager Mahoney stated there are problems with access and safety with a school in this location. The facility does not lend itself to a performing arts center or a school. Feel if the school would review their needs in a more detail, they will find the facility as an unfeasible site. Councilman Behrendt moved the City Council reconfirm that this is commercial property and instruct the City Manager to proceed with bids for leasing. Seconded by Councilman Walls. All in favor with exception of Councilwoman Pedersen who voted nay. Motion carried. TRUCK Manager Mahoney request $450 to negoiate purchase of the pick-up from Ted Armstrong. Armstrong, Mileage as a bargaining point is unfair as City gas and oil was used. Council Truck directed the City Manager to work out a negotiable figure with Mr. Armstrong. COLORADO MOUNTAIN COLLEGE LEASE Council to consider a lease for 5~ years or scholarships. Opera House CMC Mr. Steve Mills, representative, stated tuition and fee per year is $300 to $350 per student. Councilwoman Markalunas stated the Opera House should be on a paying basis. Facility should be used for City offices or leased at a cost to pay for the main- tenance and restoration. Mr. Mills pointed out the office has no heat or ventilation and consists of about 200 square feet. Under the proposed lease before Council, CMC is proposing to construct $8000 of improvements. Manager Mahoney stated he is working on the other leases, problem with the lease on the second floor. Would recommend the lease to CMC and have them make the improvements to the space. Councilman Breasted suggest a master plan be prepared for the building keeping it historical and profitable at the sametime. Councilman Behrendt moved to approve the proposed lease at $100 a month for five years. Seconded by Councilwoman Pedersen. All in favor with exception of May~r Standley and Councilman DeGregorio who voted nay. Motion carried. COUNCIL CHAMBERS Ventilation Manager Mahoney stated the ventilation for Chambers would cost $2500.00. Councilman Behrendt moved to approve a ventilation system for Chambers at $2500.00. Seconded by Councilman Breasted. All in favor,motion carried. DUMP STUDY Manager Mahoney reported the County has agreed to pay for the entire study. Council Site Plan pointed out that as co-owners along with the County of the dump, the City still wishes to have an opportunity for imput on the study. It was brought to Council's attention that the County allocated $1600 of COG funds without informing the City the funds were available. SIDEWALK DISTRICT Mr. Don Diones of Kirchner Moore and Company submitted outline of bond costs for an Bonding $80,000 district covering 33 blocks in the City. Completion of the district is scheduled for early September. Bonds would be an obligation of the property owners in the form of assessments against the property. Rate of interest at this time on this type of district would be about 6%, property owner would pay about 1% to 1-1/2% in addition to the 6%. There are about 100 property owners involved. UNDERGROUND PARKING Wagner Park Manager Mahoney showed layouts of what the consultant is working on for Wagner Park. Further reported a firm in New York is interested in working with the City on this project. COG FINANCES Northwest Finance Director John Nixon reported the director of COG had left the organization, COG recently did a review of the financial situation of the funds. Found Aspen was the only contributor others had not paid their dues. Cash on hand is $10,000 with receivables in the amount of $85,000. There is presently alot of funds in a 701 HUD contract which has never been allocated. 1973 budget was based on contributions only, other monies were not included. Revised the budget for 1974 boosting the monies to be spent from $46,555 to $68,512. At the end of 1973 COG left out $16,000 that could have been included in the 1974 budget. There will be · $45,787 to be used in 1974 or carried over to the 1975 budget. Management over spent by $3,000. RESOLUTION #12, SERIES OF 1974 Contraband Councilman breasted moved to read Resolution 912, 1974. Seconded by Councilwoman $21,000 Pedersen. All in favor, motion carried. RESOLUTION ~12 1974 WHEREAS, the District Court of Pitkin County, Colorado, did in its order dated April 19, 1974 in Civil Action No. 4783, direct that contraband, more specifically one Chevrolet pickup truck, series 9CE 240S184409, and $21,000 in United States currency be awarded to the Aspen Police Department, as arresting agency, and WHEREAS, the Aspen City Council is cognizant of the fact that such con- traband would not have been secured in the first instance, nor eventually awarded to the Aspen Police Department without the constant efforts of the offices of Frank G. E. Tucker, District Attorney, Ninth Judicial District,'and WHEREAS, it has been made known that such office has need of equipment and a vehicle of the value of $5,901.00 and the City Council wishes to share the proceeds so as to allow the purchase of such equipment and vehicle. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the City of Aspen extend its appreciation to the offices of District Attorney on behalf of the City of Aspen; and 2. That their be delivered to such offices the amount of $5,901.00 from the proceeds awarded under the order issued in said Civil Action NO. 4783. was read in full by the City Clerk. Councilman Walls moved to adopt Resolution 912, Series of 1974. Seconded by Council- woman Pedersen. All in favor, motion carried. COUNCILMEMBER COMMENTS -~ ~ a. Councilman Behrendt stated he was concerned with the increased activity in install- Electric ations for electric heat. Council request City Manager consider this in the review heat of electric rate study which is in process. b. Midland right-of-way - City Attorney reported the report was submitted but has been Midland sent back for corrections. Council request a procedure outline be drafted in order Acquisition that all required steps on this acquisition are taken. c. Councilman Breasted requested a study session be scheduled relating to the Rio Rio Grande Grande property and cultural organizations and problems of those organizations. City Property Manager to contact organizations as to when they can meet. {i d. Councilman DeGregorio request a report be submitted on hitch hiking stations Hitch Hiking. and this item be on the next agenda. e. Councilman DeGregorio moved that there be no smoking during Council meetings until the ventilation system is installed and working properly. Seconded by Smoking Councilwoman Pedersen. All in favor, except Councilmen Behrendt and Walls who voted nay. Motion carried. f. Councilwoman Markalunas stated there are many violations of the building code, Enforcement of and zoning code. Additional enforcement is necessary. If changes to ordinances Violations are required, City Attorney bring those changes to Council's attention. g. Mayor Standley request Council authorize $818 per bus for revisions to engines Bus Fuel for propane if it is decided by Jim Adams, Temporary Transportation Manager, that this is the best type of fuel to use. Concensus of Council was that a full recommendation be brought back to Council prior to authorization of funds. h. Audit - Presented to Council the first week in June. Audit i. Economic Course - Councilman DeGregorio moved that if the course is held, Economics attendance by P & Z members is approved. Seconded by Councilwoman Pedersen. Course All in favor, motion carried. j. Council agreed to hold a work session with Planner Bartel on Wednesday following the continued meeting. k. Mayor Standley suggest, based on thrid floor of City Hall costing about $15.00 City Hall a square foot for repairs, that operations of City Hall be moved to the Ptarmigan for two or three months while construction is being done. Councilman Walls stated present location should be phased out as the intention at the moment is to build a civic center on the Rio Grande Property. Manager Mahoney stated he recently learned that the north wall of City Hall would last about one more year. Councilwoman Markalunas stated the building needs to be re-evaluated as ot its use. J~ 1. Councilwoman Pedersen request a copy of the recent incident file on dogs. Dogs m. Councilwoman Pedersen questioned when Council would receive budget reports for Budget Reports~ the first quarter of this year. City Manager stated by the next meeting. Councilman Walls moved to continue the meeting to Wednesday, April 24th at 5:00 p.m., seconded by Councilwoman Pedersen. All in favor, motion carried. Meeting ended at 9:35 p.m. Graves, City Clerk Meeting reconvened at 5:10 p.m. with the following members present: Mayor Stacy Stanley, Councilmembers Jack Walls, Jenifer Pedersen , Ramona Markalunas, Pete DeGregorio, Michael Behrendt, City Attorney Sandra Stuller and City Manager Dr. Philip Mahoney. FOOD TAX REFUNDS Councilwoman Markalunas reported she had received calls from people who had missed the deadline of April 15th, and request deadline be extended. Councilwoman Markalunas moved that the City consider a grace period extending to May 1st for sales tax refunds. Seconded by Councilman Behrendt. City Attorney Stuller stated the ordinance is mandatory as relates to the cut off date. Councilman James Breasted arrived. Councilmembers DeGregorio and Markalunas aye; Councilmembers Walls, Pedersen: Behrendt, Breasted and Mayor Standley nay. Motion NOT carried. MINI BUS FUEL Councilman Behrendt moved to approve additional $800 per bus for propane if its desired. Seconded by Councilwoman Pedersen. All in favor, motion carried. SIDEWALK DISTRICT Councilman Behrendt moved to add Resolution #10, Series of 1974 on the agenda. Seconded by Councilwoman Markalunas. All in favor, except for Councilwoman Pedersen who voted nay. Motion carried. Councilman Behrendt moved to read Resolution ~t0, Series of 1974. Seconded by Councilwoman ~arkalunas. All in favor, motion carried. RESOLUTION #10, SERIES OF 1974 WHEREAS, the City Engineering Department has presented for City Council consideration a proposed sidewalk improvement district, a copy of which plan is attached hereto as Exhibit A and incorporated herein by this reference, and which district the City Council wishes to establish, and WHEREAS, pursuant to Ordinance 30, Series of 1973, amending the Municipal Code by the addition of Article II to Chapter 19 of said code (establishing pro- cedures for implementation of sidewalk improvement districts), to initiate the pro- cedures for creation of the recommended district, the City Council must make known by resolution its intention to create said district, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, cOLORADO: 1. That the City Council does hereby resolved to create a special or local improvement district for the construction and/or repair of sidewalks in the areas designated on that certain proposal of the City Engineering Department hereinabove incorporated as Exhibit A. 2. That a public hearing on the creation of such district be held on May 28, 1974, at 5:00 p.m. in the City Council Chambers, City Hall, Aspen, Colorado, at which time written and oral protest against construction or installation of the proposed improvements may be lodged. 3. That notice of said public hearing shall be made by publication once a week for three (3) consecutive weeks (the first not more than 30 days prior to the hearing) in the Aspen Times, such notice to include: (a) the date, time and place of hearing, (b) the genral nature of the improvements proposed along with the estimated costs thereof, (c) the amount of the estimated costs to be paid by the City and the total amount proposed to be assessed. (d) the general area which is to be assessed, the manner or method proposed in the levying of such assessments, and how the total cost will be apportioned to each lot or tract of land. (e) the assessments which are proposed to be levied against affected properties and circumstances which might occur to result in the final assessment being in an amount greater than that proposed. (f) a statement as to when assessments will be levied and when they will be due and payable. If it is proposed that the assessments can be paid in installments, the installment schedule and the maximum interest rate will be included. (g) the place and times where the plans for the project will be available for review. (h) that written protests, objections and remonstrances by members of the general public and affected property owners may be lOdged or made orally about the project, or any part of it, at the hearing. 4. And that a copy of the notice described in (a) above shall be mailed by certified mail not less than thirty (30) days prior to the date of the hearing to the owners of the affected properties, which notice will be deemed given when sent to the last known address of the last known owner of each affected property as indicated onthe real property assessment rolls for general (ad valorem) taxes of Pitkin County was read in full by the City Clerk. Councilwoman Markalunas moved to adopt Resolution ~10, Series of 1974. Seconded by CouncilmanB Breasted. All in favor, motion carried. UTE AVENUE AREA DOWN-ZONING Mayor Standley reconvened the hearing which was continued from April 22nd Council meeting Attorney James Moran submitted the following and request be made a part of the record of the hearing: "TO: City Council Menfoers FROM: Real Estate Affiliates Inc. SUBJECT: Proposed Ordinance #13 and Clarendon This coming Monday evening you will be holding a public hearing on the Ute Avenue down- zoning (Ordinance 13). Because the only project materially affected by this Ordinance is Clarendon, we feel that you should understand this proposed project, the procedures and reviews that have been completed before the Aspen Planning and Zoning Commission (P & Z) to date and the issues that have been resolved through good faith negotiations with the City P&Z. As a practical matter, the proposed downzoning only affects the Clarendon project. The City Attorney has provieded you with her opinion that Ordinance 12 (modification of the Ordinance 19 map) does not affect the Clarendon project since Clarendon is a prior application under Ordinance 19. Also, she has expressed the opinion that downzoning as stated in the proposed Ordinance 13 would affect the pending Clarendon project. Ordinance 12 (modification of the Ordinance 19 map) effectively "downzones" allproperty in the Ute Area other than Clarendon; therefore, the downzoning (Ordinance 13) has an effect only on this specific project. Therefore, we believe that next Monday night you will not be hearing a general zoning issue, but you will specifically and exclusively be considering an ordinance affect- ing only one project. Siknce this is the case and the Council might be assuming the total decision powers relating to this project, we feel that you should have the benefit of all the facts already presented to the P & Z Commission, and we ask to be permitted to make a presentation and to discuss with you all the issues of this project that have been considered to date. A brief summary of the events to date as well as some of the basic issues is presented below: 1. March 30, 1973, Brewer, Inc., exercised an option to acquire the Clarendon site. The site was purchased with the expectation of construction 47 condominium units (existing AR-1 zoning). Shortly after exercise of the option, the Ute City Protection agency petitioned to downzone the Ute area. 2. In response to the threat posed by the Ute City petition, we quickly submitted a plan to the Building Inspector for 46 apartment units (Parkside Apartments). IZ is our o~inion that this submittal is still valid and that we could build these apartments if we so desire. Since the Parkside Apartments were quickly designed and not the type of development with which we wish to be associated, we decided to design a more responsible project and process it under Ordinance 19. 3. After considerin~ alternative land uses, we decided to process a condDminium project with a swimming pool, therapy pool and tennis court. We hired a planning firm to design a site plan for the project. After detailed site studies, we came to the conclusion that the 46 units permitted under existing zoning was not appropriate and that due to the constraints imposed on the site (view, corridor, donations to the City, set backs, height limitations~ etc.) a plan of 36 units was a better solution. We voluntarily eliminated 10 units and ~ro- ceeded with a 36 unit concept. On October 15, 1973, a site plan was submitted to the Building Inspector and a building permit fee of $1,968.75 was paid. The Clarendon project was scheduled for con- copt review before P&Z under Ordinance 19 on November 20, 1973. 5. November 13, 1973. One week prior to the scheduled meeting, we presented a booklet rela~ing ~o the basic issues and summarizing the results of a project lmpac~ study. Since complex mssues were addressed, these materials were presented in written form prior to the meeting to permit study by the P~Z members. These materials are available at the Planning Office for your review and consideration. 6. November 20~ 1973. Due to a scheduling error, the Clarendon was not included on the agenda. We were rescheduled to December 11, 1973. 7. On December 11, 1973, our concept presentation was made. It was over two hours long and addressed all of the issues assocmated with the project. The major points made in our presentation are summarized betow: i. S.E. quarter of City "' ii, Near tourist oriented facilities: ski lift and downtown iim. Convenient to City Harket and Post Office iv. Conclusion: Site location will minimize the use and depenaency on the automobile. It is an appropriate loc~tion for a pedestrian- x_~ oriented~ tourist-related use. b. Site area i. 1.627 acres or 70,875.98 sq ft. ii. Under AR-1 zonmng, 47 units would be permitted. c. Site characteristics i. Flat~ developable site ii. Little vegetation except on Ute. iii. Heavy concentration of condommniums on surrounding properties. d. Existing Neighborhood Land Use Study i. [n the neighborheod 80% of units are tourist ii. [n the neighborhood 57% of the acreage is mn tourist use. e. Condominmum Ownership i. Over 11% of all condo units in the city are used as permanent residences. ii. The Clarendon will not discriminate against permanent resident buyers. f. ~xisting Zoning i. 47 unlimite8 units or 94 studios or hotel room are permitted under =R-1 zoning. ii. 0nly 36 units were proposed. A 23% reduction had been made. iii, 39 parking spaces are provided for the 36 units.- g. Aspen Interim Land Use i. Site lies in Mixed Residential. ~ :ii. Project ~o be used by permanent residents and tourists. Therefore is a true mixed residential use. (Original definition of mixed residential did not preclude tourist accommodations.) h. Owners Commitments i. Commitments included: donations to City, West End dedication for possible streen extension, a trail easement, preservation of two 50' spruce trees, landscaping, view preservation, snorm drainage, etc. These are best shown graphically in our presentation. i. Design Constraints i. A drawing summarizing the design problem was presented. ii. Only 42% of site is useable a£ter City and owner constraints. j. Schematic Site Plan i. 30 two-bedroom units and 6 three bedroom units. ii. A tennis court, swimming pool and therapy pool. iii. An underground parking s~ructure under the tennis courts. k. Site Plan and Sections i. Renderings of proposed project were presented. I. Project Impact i. All utilities exist and are adequate, ~ ii. Transportation: 'Fable of walking times a~ 2.5 miles hour walk to Little N~ll 3.5 min. to City Market ~.S min. to Post Office 6.8 min. to Bus Center 7.2 min. to Galena g Hyman corner 9.2 min. The site is pedestrian oriented, minimizing potential use o~ the automobile. I~iscally, the tour:tst is very beneficial when compared zo permanent residents. This area is complex and we would like zo elaborate more on this if given the opportunity. After the presentation, the Commxssion requested that the applicant withdraw for 90 days during which time the Planning Office and the to-he-hired City Economis~ would perform additional studies for the City. We questioned the Commission on exactly what they proposed to come up with in the 90 days, and further questioned the Commission on what more would be required of the applicant that we have not already submitted. It was nos clear what the Commxssion desired, and it is interesting to note that since this request in December, very little additional planning and analysts nas occurred to date. The discussion wss continued to the next meeting. 8. January 8~ 1974. The Planning Office recommended concent approval ~.~ith conditions as follows: a. Covenant leeds to restrict rental to periods of less tha~ 6 months. b. Phase the development c. Eliminate on-site parking d. Remove all fireplaces Our response, in summary, to each of these conditions was that: a. A restrictive covenant is no~ appropriate since the site is tourist oriented due ~o its tocstion and surrounding uses. We prefer to let the free market determine the tourist/permanent mix rather them have government intervene. It was pointed out that this ~y[e of request by the City maght be discriminatory. b. We agreed to phase the development. c. We agreed to make provisions ~o eliminate the surface parkimg lot a~ a future date when the ~ransit system was in operation. d. We ch~lle~ged the validity of the Air Pollution Control Division's air quality study. There were many quantitative errors zn the study that over- estimated the f~replaces' contribution to air pollution (the study used 4 cords per season as the ra~e of wood cons~mptmon while actual useage is 1 to !.2S cords per season). We pointed out that the new Colorado Air Pollution Control Ordinance wr~.tten by the same Commission permitted £ireFlaces in mountain or resor~ areas. The real ~ollution source in Aspen in the automobile. No significant benefit can be achieved by banning new fireplaces. This issue is covered in great detail in our presentation. Much discussmon followed, and PdZ did not vote on the project. The meeting was continued. 9. January 10, 1974. Under Ordinance 19, the Commission had to make a decision by this date (30 days from submission). More issues were brought up and discussed. Major ones being: ~ a. At the previous mee~ang, it was suggested that low or mcderate cos~ aousiog for employees should be comstructed on the Clarendon site. A presentation of densities which made such a use economically feasible was m~de. P&Z concluded that such densities in that area were no~ acceptable and abandoned the idea of low cos~ housing on the site. b. The applicant agreed ~o extend the deadline for the P&Z Commission decision for ~pproximate]y t5 days so that ~he P]an~ing and Zo~mng Commissmon could have the Planning staff rev±ew and recommend a definition of mixed residential. c. At our nex'~ meetang with thc Planning and Zoning Commission at which ~ime we were expecting to have a comprehensive definition of mixed residential~ the Planning staff presented a proposal for downzon~ng the Ute Avenue area. This was a surprise to the applican~ and appeared ~o be a surprise to the Planning and Zoning Commission. To this date the Planning staff has not presented any additional information or recommendatzons to the Planning R Zoning Commission on definition or clarification of mixed residential. No decision -vas made. The PgZ agreed to make a decision on the project February S, 197.4, at the Commission's regular meeting. 10. January 29, [974 PfiZ held a public hearing to consider the downzoning proposal initiated by the Planning Ofrmc~ for the Ute Avenue area. At a later meetmng, they decided to recommend to City Council modification of the Ordinance 19 Land Use Map rather than rezoning. I1. ~ebruary 5, 1974. After a long discussion on the pros and eons of Clarendon, the issue was distil[ed to that of density. P&Z felt 'that even az 36 -'~ there were too many units, too many cars, and too many people. Ii1 oraer co solve this basic problem and to continue through the approval process in an attempt ~o make this summer's building season, we agreed to construct only 24 units. This was acceptable to F&Z and ~'~ Clarendon gained concept approval. 12. Ordinance 12. Agreeing with the recommendation of P~Z, City Council propcsed an Ordinance (Ordinance 12) to modify the Ordinance 19 Land Use Map- This was passed on first reading~ a public hearlng was held, it was passed on second reading, and it became law. 13. April 2~ 1974. The Clarendon gained ?reliminary Sub- division approval From P&Z for a 24-unit tewnhouse project. A number of technical recommendarzcns were made by the City~.~noineer~ and all issues were agreed upon or resolved. 14. Ordinace 13. After passing Ordinance 12 making it taw, the Council passed Ordinance 13 on first reading, ~hich would downzone the Ute area. Next Monday the Public Hearing on this Crdinance is being held. In summary~ we ask you to consider the following points before you take action on Ordina~lce 13: t. The Ordinance before you is not a comprehensive zoning ordinance supported by a Master Plan. It is fragmented, spo'c zoning. 2. The proposed Ordinance 13 only materially a£fects one specific project which is a prior application under former existing law (Ordinance 19 and the previous zoning). In is possibly ex-post-facto legislation aimed at a specific project and could be interpreted as spot zoning. 3- The Clarendon plan, approved conceptually~ is not detrimental to the area. It is residential in character consmsting of 24 townhouse units. It is a good plan and is the result of good faith negotiations with City P&Z. 4. Ordinance 13 will still permit 16 units on the subject property. The approved Clarendon plan ms for only 24. Only eighn units are ~he issue. S. Since only this one nroject is affected, we request that you allow'us to make a rresentation to you so that you are as informed as the PSZ Commission that has given us concept approval and preliminary subdivision approval. We are prepared to do this Monday night or at a sub- sequent study sessmon convenient to you. We thank you for your time and would appreciate consideration of the op[ertunity to discuss our project with you mn detail. Mr. Charles Vidal submitted for consideration an outline of a PUD pro3ect including three parcels of land that are not contiguous. These parcels and/or projects being the Clarendon, Ute Village and Mountainedge. Mr. Vidal reviewed with Council the outline of densities etc., as attached to these minutes. (See Page 1565) 1567 Continued Meeting Aspen City Council April 24, 1974 Mr. Vidal pointed out the downzoning proposal applies to two of the parcels outlined. This proposal would remove the possible litigations and bring more land into control of the City and taking it out of development. Mountainedge is planned to include a full service hotel which is about the only land left available for this purpose. Certain stipulations would be requested: extension of Garmisch Street; Juan be vacated; would reqqest the 4% requirement under subdivision regujlations be calculated on the total package; would need road access int the Ute Village area; reconsider- ation of the drainage catch basin in the Mountainedge plan. Request if the p~oposal is an accepable alternative, Council so indicate this date. Would like to work and cooperate with the City on this proposal and would ask as a stipulation there be no hazzels. Planner, Herb Bartel stated from a planning standpoint a strong link would have to be established between the proposed hotel and transit line. The regulations on drainage are not that flexible. Would like to pursue this concept but would need time to review the problems connected with it and gain imput from the City Attorney and other city departments. There is no conflict between this proposal and the proposed downzoning presently under consideration. Councilman Breasted stated he would like tO see this concept investigated further by the City. Councilman Behrendt questioned if the densities were flexible from one element to another. Mr. Vidal stated he wanted to live with the proposal as submitted; certain limitations on design have already been included and to change that would have to consider the value of trade offs. Question was raised by Councilwoman Markalunas as to whether the PUD ordinance covers a PUD project where land is not contiguous. Mayor Standley questioned if this proposal is in fact contract zoning. Mr. Vidal stated the project would begin with the Clarendon and end with the Mountain- edge development. Councilman Breasted stated he would like the applicant to consider what the trade- offs would be if the Clarendon property were left vacant.~ Mr. Vidal stated Council should look at a model of the maximum to understand fully what is being proposed. Time slot buyers, as found from a market survey for the hotel complex, is very popular. People do not have to put ou~ such a large amount of money for utilizining the unit for short periods of time. Unit would be utilized most of the year and not left vacant. Asking Council for the equivalent of concept approval of densities and land use patterns. Janet Landry commenting as a citizen of the community, stated she liked the concept and would like to see it pursued. Bryan Johnson also commented as a citizen, that this concept should be encouraged but cautioned Council against taking a function away from P & Z in giving any concrete approvals this evening. All Council members stated they liked the concept and it should be pursued, one member stating concern with contract zoning. mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance ~13, Series of 1974 on second reading. Seconded by Councilman Breasted. All in favor, motion carried. ORDINANCE #13, SERIES OF 1974, AN ORDINANCE REZONING CERTAIN DESCRIBED AREAS IN THE EASTERN PART OF THE CITY OF ASPEN FROM AR-1 ACCOMMODATIONS RECREATION TO R-15 RESIDENT- IAL AND R-6 RESIDENTIAL WITH MANDATORY P.U.D. DEVELOPMENT; AMENDING AND INCREASING THE MINIMUM LOT SIZE FOR DUPLEX DWELLINGS IN THE R-6 DISTRICT; AMENDING SECTION 24-9 OF THE MUNICIPAL CODE (SUPPLEMENTAL REGULATIONS) TO PERMIT THE DESIGNATION OF MANDATORY P.U.D. DISTRICTS ON THE ZONING DISTRICT MAP; AND IMPOSING ADDITIONAL REVIEW CRITERIA IN MANDATORY P.U.D. DISTRICTS was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~13, Series of 1974 on second reading. Seconded by Councilman Breasted. Roll call vote - Councilmembers Walls nay; Pedersen aye; DeGregorio aye; Breasted aye; Markalunas nay; Behrendt aye; Mayor Standley aye. Motion carried. Councilman Walls moved to adjourn tbs meeting, seconded by Councilman Behrendt. All in favor, meeting adjourned at 6:45 p.m.