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HomeMy WebLinkAboutminutes.council.20000626Regular Meeting Aspen City Council June 26, 2000 Mayor Richards called the meeting to order at 5 p.m. with Councilmembers Paulson, Markalunas, McCabe and Hershey present. CITIZEN PARTICIPATION There were no comments COUNCILMEMBER COMMENTS 1. Councilman Paulson said Council has a request from family planning organization to send a letter of support to restore the traditional levels of funding for their organization. Council agreed to have staff draft a letter of support. 2. Councilman Hershey said there was an excellent article in the Roaring Fork Sunday on transportation issues. 3. Steve Barwick, city manager, announced there will be no brown bag lunch Monday, July 3rd. 4. Steve Barwick, city manager, pointed out there are two requests for funds on the consent calendar Council has not seen before. These are incorporated into the second reading of the appropriation ordinance. 5. Councilman Markalunas requested Ordinance #25, Series of 2000, Code Amendment - Ditch Maintenance be taken off the consent calendar. CONSENT CALENDAR Councilman Markalunas moved to read Ordinances #26, 27 and 28; seconded by Councilman Hershey. ORDINANCE NO. 26 SERIES OF 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REPEALING SECTION 18.04.070 OF THE ASPEN MUNICIPAL CODE IN ITS ENTIRETY AND ENACTING A NEW SECTION 18.04.070, ENTITLED "PERMITS," WHICH RELATES TO PERMITS FOR RELIEF FROM NOISE RESTRICTIONS. Regular Meeting Aspen City Council June 26, 2000 ORDINANCE NO. 27 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 26.415.010 OF THE ASPEN LAND USE CODE AND ADOPTING "THE CITY OF ASPEN HISTORIC PRESERVATION DESIGN GUIDELINES" ORDINANCE NO. 28 (Series of 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "SANDUNES L.P. ANNEXATION." Councilman Hershey moved to adopt the consent calendar as adopted; seconded by Councilman Paulson. The consent calendar is: · Resolution #78, 2000 - Land Use Dedication Fees Lot 6 Aspen Meadows · Ordinance #26, 2000 - Permits for Relief from Noise Restrictions · Resolution #89, 2000 - 1/2 Cent Transit Tax Funding Commitment · Request for Funds - Student Exchange Program · Request for Funds - Community Forum · Ordinance #27, 2000 - Code Amendment Development Involving Historic Sites and Structures · Ordinance #28, 2000 - Sandunes LP Annexation · Minutes - May 8, June 12, 13, 2000 Roll call vote; Councilmembers Hershey, yes; Paulson, yes; McCabe, yes; Markalunas, yes; Mayor Richards, yes. Motion carried 2 Regular Meeting Aspen City Council June 26, 2000 ORDINANCE #16~ SERIES OF 2000 - Supplemental Appropriation Tabatha Miller, finance director, told Council they have already seen most of the items in this appropriation ordinance. There is a total of $761,000 of departmental savings which is 5 years of savings. Departments get 50% of their savings and the manager's office gets 10%. Ms. Miller pointed out the ordinance allocates $6,000 for six more City Vues Grassroots TV shows. Departments are also receiving increased revenues for the Aspen Highlands annexation. Mayor Richards said she would like departments to keep track of Highlands expenditures so that this amount does not become automatically added into each department's budget. Councilman Markalunas said he would like to see what kind of mileage the city's fleet vehicles are getting. Councilman Markalunas said he feels departments could use smaller vehicles. Ms. Miller said the 2001 asset management process would be a good place to look at fleet vehicles. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Hershey moved to adopt Ordinance # 16, Series of 2000, on second reading; seconded by Councilman McCabe. Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Paulson, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. ORDINANCE #22, SERIES OF 2000 - Code Amendment Historic Guidelines Councilman McCabe moved to withdraw Ordinance #22, Series of 2000; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #19~ SERIES OF 2000 - Increase Food Sales Tax Refund John Worcester, city attorney, reminded Council they approved this increase in the 1999 budget for the year 2000; however, it was not codified. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. 3 Regular Meeting Aspen City Council June 26, 2000 Councilman Markalunas moved to adopt Ordinance # 19, Series of 2000, on second reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; Hershey, yes; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #21~ SERIES OF 2000 - Holy Cross PUD Rezoning Nick Lelack, community development department, told Council this is an application for a planned unit development and a rezoning of property owned by Holy Cross between Castle Creek and Power Plant Road. Lelack told Council the applicant will get land use approvals and then sell the land with these approvals. The applicant has offered the land to the city and the housing authority. P & Z recommended approval of this application. Lelack showed the location of the property, the trails on the property. The parcel is currently zoned P, public, and C, conservation. The parcel is approximately 32,000 square feet. The request is to rezone the parcel R-30, with a minimum lot size of 30,000 square feet, and a PUD overlay. Lelack noted the setback requirements in the C, conservation zone district are meant for 10 acre parcels and would leave no developable space on this site. The rezoning would bring the lot into conformance with the land use code. The uses will not change. Lelack told Council the trails on this property are revocable by the applicant. If this rezoning is approved, the applicant will provide a permanent non-revocable easement for one of the trails across the property as well as maintaining the retaining wall across the Castle Creek bridge. The applicant is requesting a site specific development, which will allow the city to review the best potential building site on this lot. The proposed dimensions are more restrictive than the conservation zone. The conservation zone would allow 3700 square feet; the applicant is proposing 3200 square feet FAR. The R-30 zone would allow 3500 square feet. The allowed height in the conservation is 28 feet; the applicant is proposing 25 feet, the same as R-30. Lelack said the site is challenging for development. Lelack said the applicant will revoke the lower trail as it will become the driveway into the house. The applicant will give the city a permanent easement for the remaining trail. The applicant will also improve the trail. P & Z recommended some conditions, which will be part of the ordinance approval. One is that the architectural and landscaping plans be taken back 4 Regular Meeting Aspen City Council June 26, 2000 to P & Z for a public hearing prior to application for a building permit. The applicant does not plan to develop this property and the current plans are hypothetical. Bob Gardner, Holy Cross, told Council in the 1950's they purchased the electric distribution system and some parcels of property. The parcel under discussion was much larger and included the City Shop. Holy Cross also purchased the Aspen Art Museum parcel and then donated it to the city as part of a franchise agreement in the 1970's. Holy Cross sold some of the electric distribution system back to the city in 1956. Gardner told Council in 1974, Pitkin County requested a trail across this parcel to create safe access to the high school for students. This is a revocable easement. Gardner said they will bury the utilities and rebuild the trail to the parks department specifications. Gardner told Council they contacted the adjacent property owners to see if they were interested in purchasing this parcel. No one was interested in purchasing. Holy Cross then explored selling this to the city or the housing authority also with no takers. Alan Richman, representing the applicant, told Council they looked at merely obtaining a variance from the Board of Adjustment to adjust the setbacks in the C, conservation zone. The setbacks in the C, conservation zone are bigger than the parcel. Richman said the Board of Adjustment would not have been able to deal with the trail issue. Richman noted there is an adjacent property owner above this parcel and the applicants did not want to block the view of this property owner. Richman said the reason for the PUD designation is not to increase the dimensions but to give the city more review authority. Richman told Council this property was originally zoned R-30 when it was annexed into the city. It appears to have been rezoned in the 1970's and the part above Power Plant Road was zoned C, conservation. The lower part was R-30. In the 1990's, a zoning map shows this parcel as P, public, and this probably happened when the city shops received an SPA for their expansion. Richman said this was an error as the city property was being zoned P, public and Holy Cross's property was also designated P, public, without notification. Richman said a zoning in error is a basis for rezoning. This rezoning will remove a non-conformity and zone this parcel the same 5 Regular Meeting Aspen City Council June 26, 2000 as surrounding parcels. This rezoning does not allow a use that is not allowed on the property today. Councilman Markalunas asked if there was a fuel oil tank on the property. Gardner told Council there was a diesel tank to fuel the property below. Gardner said this tank belonged to the city; however, Holy Cross removed the tank at their expense and had soil testing done. There was no soil contamination. Richman said he will forward the soil study for part of the record. Mayor Richards asked if the trail could be brought across and connect with Power Plant Road. David Brown, architect, showed the 20 foot elevation gain, which would make the transition very difficult and require another retaining wall. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Mayor Richards suggested adding a section to the ordinance, "applicant has represented an old storage tank has been removed from the site and that soils test has been done which shows no contamination of the site and that no future liability would accrue to the city" and also appendix that soils report. Richman requested that Section 2 condition #2 requires a PUD plan be filed within 180 days. Richman said the applicant has to come back to P & Z with landscaping and architectural plans. Richman said it will take more than 180 days for someone to return with those requirements. The applicants suggested once the new owner goes through P & Z with their landscape and architecture plans, these be made amendments to the PUD and be made of record. Richman noted (d) in 2 should be a condition in #3 rather than #2; the drainage plan should come in at time of building permit. Richman noted condition #15 regarding the Pemstock easement, this easement does not cross this property Mayor Richards asked about the development rights on the southern portion of the parcel. Richman said this will be deed restricted as open space and is not a separate parcel. Richman told Council they are willing to do the trail work and to install the utilities rather than wait for a developer. Councilman Hershey moved to adopt Ordinance #21, Series of 2000, on second reading, amending it to add the section on the storage tank; changing #2 in Section 2 to 360 days for the plat; move Section 2(d) into #3; and to 6 Regular Meeting Aspen City Council June 26, 2000 eliminate the Pemstock easement with verification there is not easement on the property; seconded by Councilman McCabe. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. ORDINANCE #20~ SERIES OF 2000 - Boomerang PUD Rezoning Nick Lelack, community development department, told Council this is an application to rezone vacant property across the street from the Boomerang Lodge to R-15/PUD/LP. The application is also to create a site specific to establish dimensional and parking requirements for the site. Lelack said P & Z voted 5 to 0 to approve these requests with the recommendation 5 on-site parking spaces be created and 2 of these be designated for the affordable housing. The applicant has also requested GMQS exemptions for lodge preservation and for affordable housing. Lelack said P & Z makes the final decision on these as part of the lodge preservation program. Lelack said the application is for five 2100 square feet chalets and a building with two 700 square feet affordable housing units, two 960 square feet lodge units and a bath house. Lelack showed the amended site proposal with 5 on- site parking spaces necessitating 5 curb cuts on West Hopkins street. There are no affordable housing parking spaces on this site but two will be designated on Fifth street. Lelack reminded Council the applicant has requested no on-site parking because of the location, the lodge does provide a shuttle service. Staff recommended parking be provided on-site rather than in West Hopkins. The land use code requires parking be accommodated on site and for this proposal would require 13.9 parking spaces. Staff feels 5 to 7 spaces would be adequate. Lelack said community development staff feels parking could be located on the south side, the back, of this site. The other staff issue is that the buildings are not oriented to the street. Staff recommends this application be continued rather than approved and that the applicant come back in with a different site plan to have parking on site. Councilman Markalunas asked if there is an extension of Fourth or Fifth streets. Sunny Vann, representing the applicant, told Council they researched this and found it was not vacated but was deeded to the adjacent property owners. 7 Regular Meeting Aspen City Council June 26, 2000 Vann reminded Council they passed the lodge preservation ordinance was designed to give the small lodges the ability to add units to their operation in order to help preserve their viability in the market. Vann said the city recognized that not all lodges would address their problems in the same way. Vann said the applicants purchased a vacant property across the street from their lodge in order to provide a type of rooms different than those in the existing Boomerang Lodge. Vann said a typical lodge on this vacant lot would have a greater impact than what is proposed. The applicant wanted to preserve as much of the site as possible and to complement the existing lodge. The proposal is designed so it can be operated with the existing facilities. Vann pointed out this site does not back up on an alley and does not have reasonable access from the rear. Vann said the existing parking for the Boomerang Lodge is under utilized. The parking requirement in the LTR zone is .7/bedroom. Vann said the city allows this requirement to be reduced to .5/bedroom with review. There are lodges in town that lease their extra spaces. Vann agreed the affordable housing units should have spaces in which to store their cars. Vann said with the added bedrooms and the existing parking spaces, the ratio is .5/bedroom. P & Z liked the site plan, liked the scale and the reductions in height. P & Z recommended there be parking on site, but did not specify how this should be done. Vann said the applicant will designate two parking spaces on southwest corner of the existing Boomerang Lodge, directly across the street from this project for the affordable housing. Vann said this would leave a requirement for 3 parking spaces on-site. Vann said 3 spaces can be found on-site. Vann said there may be parking on the east side along the boundary with the property owner, partly in the city's right-of-way. Vann told Council the applicant feels parking from the rear would cause major disruptions to the site and would add extensive driveways. Vann told Council there has been some concern about how this project might be developed. The applicant came to Council and asked about how the lodge preservation zone district was applied. The lodge preservation requires the units be available to the general public 6 months of the year. The applicants questioned whether this was on a per unit basis; Council determined it was on a per unit basis. The issue was brought up as a possible financing mechanism. Vann said interval ownership was proposed; this is different than timeshare, which is regulated by the city. Vann said in 8 Regular Meeting Aspen City Council June 26, 2000 order to interval ownership these, Charlie Patterson would have to go through a separate application process. At this time, units can only be interval ownership 6 months a year. Vann said there is no proposal for interval ownership at this time. Steve Goldenberg, adjacent property owner, said the open space is not 70 percent of the site as state; the lodge preservation may not apply as this is a separate property with potentially separate ownership. Goldenberg presented two pictures of parking at the Boomerang taken this past weekend showing the parking to be full. John Beatty, attorney for Mary Hugh Scott, told Council she was unaware of this proposal and has not had an opportunity to review this. Ms. Scott originally bought the property from the Paepckes to preserve it and then sold it to the Paterson. Ms. Scott notes she is shocked by this proposal; it is a townhouse development not lodge preservation and is opposed to the proposal. Bill Tomsich, Aspen Central Reservations, told Council he lives a block away and has not seen a parking problem in the neighborhood. Tomsich said there is a need for additional lodge units in Aspen. These proposed units are unique and will add to Aspen's appeal. Bill Stirling said even though the lodge preservation zone was created, Aspen is still losing small lodges. Small lodges are part of Aspen's unique culture and history. Stirling said the angling of these units on site mimics the original Boomerang and is ideal for solar as well as bringing light into the units. Stirling noted Aspen is a resort and a town and it is the resort that drives the town. This is a way to revitalize one lodge in town and to add diversity to the lodges. Molly Campbell, the Gant, said this expansion maintains the messy vitality and energy of Aspen. This lodge is intermixed with residents, lodges and multi-family units. Ms. Campbell said she was a participant in the economic sustainability of the community. One of the main foci of that group was how the community can support local residents and local businesses. This committee challenged the Council to find way to assist local businesses. Ms. Campbell said this plan is worth approving. Michael Behrendt, St. Moritz Lodge, said these buildings are oriented towards the views and the sun. Behrendt said this density is better than 3 large houses. Behrendt said he likes the idea of parking on Fourth Street to preserve as much of the trail as possible. Cheryl Goldenberg said she does 9 Regular Meeting Aspen City Council June 26, 2000 not feel 5 chalets are needed on this property. A letter in support from John Doremus and Pamela Toon was entered into the record. Councilman Markalunas said he feels that the parking alternative along Fourth street has merit. Councilman Hershey agreed it seems like a good compromise. Councilman Hershey said he does not like parking on the back of the site because of the impact on the trail. Councilman Hershey said he will support this on first reading given parking on the east side of the proposal. Councilman Hershey agreed the lodges should be supported and this will benefit the community. Mayor Richards supports this project overall with some parking refinements. Mayor Richards said she would like to know what sort of long term connection to the original Boomerang there will be. If Council approves a rezoning it should accomplish the purpose for which it is being rezoned. Mayor Richards stated she is concerned about parking. This area is starting to be built out and anything done on this application will be a precedent for other development applications. Mayor Richards said she does not want to see 5 curb cuts on West Hopkins street and would like it rearranged to have 2 curb cuts and shared parking. Mayor Richards said the density is not an issue nor is the orientation. Mayor Richards said she does not feel 5 parking spaces is adequate. Councilman Paulson said he supports the design; it breaks the block up. Councilman Paulson supports the orientation. Councilman Paulson said he does not want to see parking behind the buildings; it would totally damage the trail. Councilman Paulson said he would prefer to see the parking along Fourth street. Councilman Paulson said he does not like 4 curb cuts along Hopkins street. Councilman McCabe agreed parking is a major issue for him. Councilman McCabe said he would approve only 2 curb cuts along Hopkins street. Councilman McCabe said he wants to see the math on the employee generation and mitigation numbers. Councilman McCabe said if these are to be moderately upscale units, they will require more than 4 additional employees. Councilman McCabe said these units will require a higher level of service. Councilman McCabe said he would like to make sure there is enough parking and enough employee mitigation. 10 Regular Meeting Aspen City Council June 26, 2000 Councilman Hershey moved to adopt Ordinance #20, Series of 2000, on first reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. RESOLUTION #90~ SERIES OF 2000 - Burlingame Ranch Mary Roberts, housing director, presented a synopsis of the points from the P & Z and public meetings held the week of June 12th. MS. Roberts told Council P & Z had a lot of concerns about re-opening Stage Road, which is more pertinent to the subdivision application. More relevant to the pre- annexation agreement is the amount of land being conveyed from the Bar X/ ranch for affordable housing. P & Z felt 10 additional acres should be conveyed to enable better site design and less density. Another suggestion was to eliminate the ADU requirement and obtain additional land. Ms. Roberts noted one comment was that a working ranch may not be acceptable as open space and not counted as open space. P & Z commented the free market lots should be clustered. The location that TDRs are accepted from should be specified and not all the way down the Crystal River drainage. Ms. Roberts said there was a joint meeting June 13th with Council and the BOCC and a public meeting June 15th. A total of 35 people attended these two meetings. Comments at those meetings relevant to the pre-annexation agreement are uses allowed under the SPA designation; concern about any commercial uses in the development; water rights for the 20 acre parcels; concern about construction setbacks from the bluffs; access for the existing property owners; a bluff setback for lots 1 and 3; allowing dogs needed for handicap persons; concerns about wildlife value; concerns about the visibility of affordable housing from highway 82. Ms. Roberts said not all of these can be addressed in the pre-annexation agreement but she wanted to make sure Council was aware of these. Ms. Roberts said Resolution #90 states the city wants to continue negotiations with the Zolines and that this issue will stay on the August 8th ballot. Ms. Roberts told Council the housing board passed a resolution supporting this issue on the ballot. John Lofton, representing the Zolines, told Council they will not convey any additional land. Lofton said they did an analysis of their land, came to the city 2.5 years ago and said they had a better piece of land on which to 11 Regular Meeting Aspen City Council June 26, 2000 develop affordable housing. This land is defined by the irrigated meadows surrounding it. This area is 18 or 19 acres. The Zolines worked from the carrying capacity on this land and with the city came to a conclusion for 10 units/acre. That land combined with Burlingame Ranch is how 225 units were arrived at. The city and Loftons also looked at 3 or 4 acres of the adjacent Aspen Valley Land Trust parcel. Lotion told Council the Colorado Cattleman's Association has a land trust that has dealt with trusts and with conservation easements. This is a tried mechanism to preserve a working ranch and is compatible with this proposal. Mayor Richards said the concern is how the individual free market homes are valued for property tax purposes in the future and would the conservation easement give the free market units the right to go for farm tax status. Mayor Richards suggested getting an opinion from the assessor. Council agreed ranching is a proper use of open space. Councilman Paulson asked if the Zolines expect to subsidize this to keep it a working ranch. Lofton said they have 2,000 acres on Buttermilk mountain for summer grazing. Lotion said if circumstances were to change, the ranch could become more passive open space. Mayor Richards said Council previously defined the TDRs as the upper valley area, from Aspen Village up. Julie Ann Woods, community development director, read the definition from the agreement limiting to the land that drained to the Roaring Fork river at Gerbazdale. Lotion said there is a diagram illustrating how the proposal will deal with the bluff setback. This is designed on the request of the county wildlife officer and that there is no line of sight from the floor of Maroon Creek canyon to any construction, lights or development. There are two sites in the area where Maroon Creek widens out and where there is impact from Maroon Creek bridge and other houses. Ms. Woods told Council she has walked this site and concurs with the applicant. Ms. Woods said there may be a recommendation to set these back slightly to minimize the lights. This is a land use review issue. Lotion said the existing owners, Harveys and Caudills, have an easement that runs through the ranch for access. The proposal would extend the easement and have no affect on their access. Joy Caudill asked about the maintenance. Ms. Caudill said the county has an agreement with Maroon Creek Club for them to maintain the road. Ms. Caudill said the maintenance 12 Regular Meeting Aspen City Council June 26, 2000 has been off again on again. Lofton said they would like to see Stage Road kept rural. Lofton said if the ranch becomes economically not viable, they may make a living museum of ranching, available to schools and visitors. Mayor Richards suggested limiting any cultural or academic uses to within the fathering parcel rather than in the conservation easement. Lofton said that is their intention. Ms. Woods said the agreement states the development application shall include a request that it include a SPA overlay requesting a variance of permitted uses within the underlying zoning district to allow agricultural, equestrian, recreation, cultural, academic or open space activities. Ms. Woods said this will be reviewed by P & Z and by Council. Mayor Richards said she does not want to limit flexibility or create unnecessary ambiguity on what may happen on this property. Ms. Woods also read from the agreement, "all non-residential ranch buildings shall be excluded in the calculation of permitted floor area of the fathering parcel". Lofton said he will work with staff to see if they can add acceptable wording to the pre-annexation agreement. Lofton said he feels there is a public purpose in maintaining this ranch, which has been unchanged in over 50 years. Connie Harvey asked about the water rights staying with the land. Worcester said there will be a water service agreement, which is in progress. The water rights will be protected and remain with the land as much as possible. Worcester noted the city is discussing whether they retain the rights to the water or whether the applicant retains them. The water will stay with the land. Mayor Richards said when the city annexes land, they city requires the water rights be deeded to the city and the water is leased back to the user. Mayor Richards said there are some specific concerns for this parcel. There is a concern of the non-separation of the water from the land so that at no time in the future will the fathering parcel or the free market units have any right to sell this water. Ms. Harvey said she would like the agreement to spell out that the area behind the houses along the bluff will not be touched or modified. Lofton said the entire section of Maroon Creek within the ranch is included in the fathering parcel to provide that type of protection. Lofton said the free market lots will not go over the bluff toward the creek. The agreement spells out there will be no trails in that area. 13 Regular Meeting Aspen City Council June 26, 2000 Lofton said dogs for the handicap are no problem. Councilman Markalunas said the development should be very sensitive to lighting on the property. Councilman McCabe said the city's new lighting ordinance should take care of any concerns. Councilman Paulson asked if there will be traffic disincentives for the private housing. Pam Zoline said they have agreed to participate in terms of disincentives but the specifics will be left to the land use review process. Ms. Roberts said this will be spelled out with P & Z on what are considered appropriate disincentives. Lofton said they feel this proposal is greater in terms of affordable housing and open space than could be obtained through ordinary process of the land use code. Councilman Paulson asked what is the next step. Mayor Richards said the comments from Council, P & Z and the public will go into an amended pre- annexation agreement for the Zoline family to look at and respond. The final pre-annexation agreement will be available by July 10th SO the electorate can see the entire agreement before the election. Councilman McCabe said he is comfortable with this agreement. Mayor Richards said language should be added to the annexation agreement about the property tax status for the free market lots. Mayor Richards noted that the AACP called for 60% of the work force to be housed from Aspen Village up. The re-adoption of the plan brings the area in which to house the work force to the Airport Business Center and to allow for the consideration of transit nodes along highway 82. Mayor Richards pointed out the 60% was replaced with "sustainable community for the future of Aspen". Concurrent with those changes was identifying sites appropriate for affordable housing to accomplish these goals. Burlingame was one of the sites identified. Mayor Richards said another important ingredient of the AACP is how to preserve the greenfrastructure and to preserve open space in perpetuity. Mayor Richards said voting on Burlingame Ranch in August is fair and there will still be 12 to 18 months of planning and review by P & Z and Council. Mayor Richards said there is a work session July 5 on the long range plan for financing housing, the city's ability to pay for Burlingame units, other methods of paying for these units, possible partners for these units, categories for these units. Councilman Paulson said he is not against housing and more for open space but where does development stop. Councilman Paulson said Aspen may be 14 Regular Meeting Aspen City Council June 26, 2000 losing its soul if the environment is not taken into account. Councilman Paulson said he is concerned about the ecological balance of the world; when open space is consumed, something else is destroyed. Councilman Paulson urged voters to scrutinize this ballot measure and to be aware of its consequences. Mayor Richards moved to adopt Resolution #90, amending the date by which to have the pre-annexation agreement available to July 10; seconded by Councilman Hershey. Councilman McCabe asked about emergency access to the cabin, how is the access balanced against possible liability. Mayor Richards suggested looking at the county's rural and remote zone and emergency access and liability. Roll call vote; Councilmembers Markalunas, yes; Paulson, no; Hershey, yes; McCabe, yes; Mayor Richards, yes. Motion carried. Councilman Hershey moved to suspend the rules and extend the meeting to 9:45 p.m.; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE #25, 2000 - West End Ditch Maintenance Councilman Hershey moved to read Ordinance #25, Series of 2000; seconded by Councilman McCabe. ORDINANCE NO. 25 SERIES OF 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REGULATING DITCH ALTERATION AND MAINTENANCE WITHIN THE CITY OF ASPEN Councilman Markalunas said he would like to review the agreement with the Aspen Meadows on the Si Johnson ditch before second reading. Councilman Markalunas noted the implication is that homeowners who do improvements along the ditches are impeding the flow of water. Councilman Markalunas said he is not convinced this is the case. Councilman Markalunas said the ditches were put in to water the trees along the streetscape and these ditches were for all residents in the city. 15 Regular Meeting Aspen City Council June 26, 2000 Councilman Markalunas said he does not want a commercial operation to get preference for this water over city residents. Tom Rubel, parks department, told Council the water is not getting to the end of the ditch because so many people are putting in dams and ponds that the availability of the water is affected. Rebecca Schickling, parks department, said the water conservation board regulates construction of ponds. The city is under obligation to abide by requirements on evaporation losses. HPC has concerns about the history of straight, unlined ditches that function to irrigate the streets trees. This is the priority of the ditches and important to the west end character. The city is obligated to provide the Aspen Meadows with 2/3 of the water taken out of the ditch. Steve Barwick, city manager, said it is not staffs intention to take out all the improvements that have been done along the city ditches; however, there are more and more diversions and improvements made along the ditches. The city may need to re-examine the availability of the water. Rubel said the plantings along the ditches make maintenance very difficult. Ms. Schickling said these improvements impede the water flow and cause problems, like dams on the ditches flooding property owners. This ordinance will not allow obstructions to the ditches. Councilman McCabe said the city should be protected against any liability for flooding of the ditches that the city did not cause. Mary Hirsch, vice-chair HPC, told Council they support this ordinance. Ms. Hirsch said there have been changes to about 50% of the historic ditches in town. These ditches were used to irrigate the trees and are a unique link to the past and part of the historic west end. This is public land. Ms. Hirsch said this historic resource should be protected and preserved. Mayor Richards said the city is interesting in fulfilling the contractual arrangements for the delivery of water; the city is concerned about not creating liability. Mayor Richards said Council would like to see an implementation plan, how this ordinance would be implemented, slides of changes in the ditches, the dams or ponds, how many of these impediments are there, staff suggestions for changes on property, an outline of how the ditch system works, flows that prevent sedimentation. Councilman Paulson moved to adopt Ordinance #25, Series of 2000, on first reading; seconded by Councilman McCabe. 16 Regular Meeting Aspen City Council June 26, 2000 Councilman McCabe said the last pond on the Rio Grande before it goes into the Roaring Fork river badly needs to be cleaned. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Markalunas, no; Mayor Richards, yes. Motion carried. SCHEDULE BOARD INTERVIEWS Council directed the city clerk to set up P & Z and Board of Adjustment interview for Tuesday, July 18 at 4 p.m. Council agreed to consider reappointments for Wheeler Opera House Board and Commercial Core and Lodging Commission at their next regular meeting. Councilman Markalunas moved to go into executive session to discuss property acquisition at 9:45 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Councilman Paulson moved to come out of executive session at 10:15 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Councilman McCabe moved to adjourn at 10:15 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Kathryn S. Koch, City Clerk 17 Regular Meeting Aspen City Council June 26, 2000 CITIZEN PARTICIPATION ....................................................................... 1 COUNCILMEMBER COMMENTS ........................................................... 1 CONSENT CALENDAR ............................................................................. 1 · Resolution #78, 2000 - Land Use Dedication Fees Lot 6 Aspen Meadows .................................................................................................. 2 · Ordinance #26, 2000 - Permits for Relief from Noise Restrictions ...... 2 · Resolution #89, 2000 - 1/2 Cent Transit Tax Funding Commitment .... 2 · Request for Funds - Student Exchange Program ................................... 2 · Request for Funds - Community Forum ............................................... 2 · Ordinance #27, 2000 - Code Amendment Development Involving Historic Sites and Structures .................................................................... 2 · Ordinance #28, 2000 - Sandunes LP Annexation ................................. 2 · Minutes - May 8, June 12, 13, 2000 .................................................... 2 ORDINANCE #16, SERIES OF 2000 - Supplemental Appropriation .......... 3 ORDINANCE #22, SERIES OF 2000 - Code Amendment Historic Guidelines .................................................................................................... 3 ORDINANCE #19, SERIES OF 2000 - Increase Food Sales Tax Refund .... 3 ORDINANCE #21, SERIES OF 2000 - Holy Cross PUD Rezoning ............ 4 ORDINANCE #20, SERIES OF 2000 - Boomerang PUD Rezoning ...........7 RESOLUTION #90, SERIES OF 2000 - Burlingame Ranch ...................... 11 ORDINANCE #25, 2000 - West End Ditch Maintenance .......................... 15 SCHEDULE BOARD INTERVIEWS ........................................................ 17 18