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HomeMy WebLinkAboutminutes.council.20000508Regular Meeting Aspen Cit~ Council May 8~ 2000 Mayor Richards called the meeting to order at 5:10 p.m. with Councilmembers McCabe and Hershey present. PROCLAMATION -Arbor Day 2000 Mayor Richards and Council proclaimed May 13 as Arbor Day and urged all citizens to support efforts to care for trees and woodlands and to support the city's community forestry program. Steve Ellsperman, parks department, told Council this is the 30th anniversary of Earth Day. The city is combining Earth Day and Arbor Day; there will be a trails clean up, activities at ACES and the tree give away to city residents. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilman Hershey thanked the streets department for the annual spring clean up. It is a great program. 2. Councilman McCabe requested RFTA supplemental budget appropriation and Ordinance # 15, DRACO affordable housing be taken off the consent agenda and put on the action section. 3. Councilman McCabe requested $1500 from Council contingency towards the Leadership Aspen affordable housing brochure. This will be addressed at the end of the agenda. 4. Councilman McCabe said the team representing Colorado for the national Constitutional scholars competition in Washington DC is in the top 10. Councilman McCabe said his daughter is a member of this team. 5. Steve Barwick, city manager, said the city recreation department needs softball and baseball coaches. 6. Steve Barwick, city manager, said the contract for Wheeler carpeting should be removed from the consent calendar, as the contract will be rebid. Barwick requested Council allow him to approve the bid in order to expedite this project. The carpeting will stay within budget. Regular Meeting Aspen Cit~ Council May 8~ 2000 Councilman McCabe moved to allow the city manager to award the bid for Wheeler carpeting as long as it is within budget; seconded by Councilman Hershey. All in favor, motion carried. Councilman McCabe moved to approve the consent calendar as amended; seconded by Councilman Hershey. The consent calendar is: · Resolution #51, 2000 - Streets Improvements Contract/2000 · Resolution #53, 2000 - Deputy Municipal Court Judge/Gardenswartz · Request for Funds - Rewiring City Hall · Resolution #54, 2000 - US filter Contract Award · Resolution #55, 2000 - Annexation Sandunes L.P. · Resolution #56, 2000 - Mall Leases · Letter of Support Aspen Valley Land Trust · Request for Funds - City Hall Air Conditioning · Minutes - April 10, 17, 24, 2000 All in favor, motion carried. Harold Elam, Elam Construction, requested that Resolution #51, Streets Improvements Contract be reconsidered. Steve Barwick, city manager, told Council this project has been bid and re-bid. Mayor Richards said staff recommended the streets improvements bid to the other bidding company even though it was a higher bid because of concerns in quality work. Barwick said there is a 1 percent difference in the contract price. Staff feels they will get better material and workmanship with Grand River Construction. Mayor Richards said she is comfortable with staff' s recommendation. Elam said they would not bid on city projects in the future. ORDINANCE #15~ SERIES OF 2000 - DRACO Affordable Housing 2 Regular Meeting Aspen City Council May 8~ 2000 Councilman Hershey stated he has visited the site; Councilman McCabe said he has met with Stone Davis and had discussions about the project. Chris Bendon, community development department, showed the site location adjacent to the Community Banks building, below the Pitkin County Library. The proposal is 6 affordable housing units in a 4 story building. The first floor contains 6 parking spaces; second floor 3 one- bedroom units; third floor 2 two-bedroom units and fourth floor is 1 one- bedroom unit and common property terrace. This project will be sold to Pitkin County employers to rent to their employees. Bendon told Council this is a PUD application in the office zone. There are requests to exceed the FAR, to go above the height limit and to go into the setbacks. The office zone district does have a slight bonus for affordable housing. The project is designed for a 1.6:1 FAR with a 39 foot height limit. Bendon showed the heights of the library, the proposed project, the entry of the parking garage. Bendon said the units are proposed to be category 3. These units are not mitigation for any development and it is committed they will not be used for mitigation in the future. Bert Myrin said the north side of the library will look right into these units. Myrin said this project has expanded since first reviewed by the housing authority. Myrin said this will set a precedent for in-fill projects to build from lot line to lot line. Myrin said there are potential problems with ownership by employers who may rent it to themselves. Myrin pointed out the ADA says all areas in a building of 4 or more units designed for common space should be accessible. The roof top terrace must be accessible. Lee Novak, housing office, told Council the applicant has agreed that any occupant of these units will qualify under the housing guidelines for category 3. Bendon told Council he has received a letter from the Colorado Fair Housing which states the ramp to the second floor meets the accessibility requirements. Bendon told Council he will be able to address this better at second reading. There should be clarification on the roof terrace and whether it is a recreation area. Stone Davis, applicant, told Council there is a lift on the first floor. He has discussed this with the Fair Housing Office in Denver who states that a lift will suffice. Davis said the terrace can be made private for use by the third 3 Regular Meeting Aspen Cit~ Council May 8~ 2000 floor only rather than not be able to meet ADA requirements. Mitch Haas, representing the applicant, said encouraging more FAR and height in in-fill is a goal of affordable housing. The recommendation of staff is a site specific based on the parameters of this property and the surrounding properties. Councilman McCabe asked about the possibility of eliminating the parking. Bendon said if there is an interest, off-site parking would have to be provided. Mayor Richards said the 3 issues that have been raised are ADA, 4th floor, and general lottery. Mayor Richards said she would like resolution of the ADA issues with the state by second reading. Mayor Richards suggested making the first floor ADA accessible preserving common space for the tenants be looked into by 2nd reading. Mayor Richards said the ownership type is not an issue for her. Mayor Richards said the 4th floor is a concern. The city is moving toward infill projects and does acknowledge that height limits may have to change if that is the case. Mayor Richards said if there is not going to be a patio for common use, the 4th floor unit could be designed to one side to block less of the library's views. Councilman McCabe agreed that if there is no terrace, the 4th floor unit should be off-set. Councilman McCabe said he feels employee housing is more important than views. Mayor Richards said she would be willing to look at parking off-site and perhaps getting another housing unit. Michael Gassman, architect, told Council the exterior will be the same as the surrounding buildings. This will be a simple background building. Councilman McCabe moved to read Ordinance #15, Series of 2000; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE NO. 15 (Series of 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN GRANTING CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT APPROVAL, SUBDIVISION APPROVAL, REZONING TO OFFICE-PLANNED UNIT DEVELOPMENT (O-PUD), AND A GROWTH MANAGEMENT EXEMPTION FOR THE DRACO, INCORPORATED, AFFORDABLE HOUSING PROJECT, 210 NORTH MILL STREET, CITY OF ASPEN 4 Regular Meeting Aspen City Council May 8~ 2000 Councilman McCabe moved to adopt Ordinance #15, Series of 2000, on first reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #6~ SERIES OF 2000 - Williams Ranch PUD Amendment Chris Bendon, community development department, reminded Council this has been continued from April 24th for resolution of some issues. One amendment was the requirement for a ditch across the property. Staff, P & Z and Council have agreed this requirement can be eliminated. The engineering department had required sidewalks on one side of the street. Staff supports eliminating the sidewalks as this is a rural setting; the homeowners agree with this. Bendon said there is concern about the trail through the project and access by the public to Smugger mountain. Bendon said there are two portions of the trail not complete. This ordinance requires the trail segments to be constructed. Bendon said there is a soil erosion control relating to a mining operation that never went forward. This is no longer a condition. There is a requirement regarding the emergency access easement and the physical condition. Bendon said the homeowners association should be granted some of the money in escrow to fix up this emergency access easement. The homeowners association is responsible for maintaining this easement in good condition. Bendon said this ordinance requires additional money be put into escrow to construct the two trails and requires the Williams Ranch Joint Venture build these sections. The ordinance requires the southern section be constructed by the Joint Venture; the ordinance requires either the middle section be built or there be a connection to the south to Brown Lane. John Worcester, city attorney, told Council there was a lot of security for this project and as the improvements were made, the securities were released. Chuck Brandt read a letter from John Markel, who has been associated with the project since the beginning. Markel noted that all improvements have been complete except those the applicant did not have permission to make, improvements not desired by others, such as the sidewalks, and items they are not legally obligated to do. The Council had agreed that items neither possible nor desired will be deleted as obligations of the Joint Venture with the exception of the lower trail. Markel stated the joint venture has built the 5 Regular Meeting Aspen Cit~ Council May 8~ 2000 one trail they were obligated to build. The Joint Venture never agreed to build the lower trail system but to provide a trail easement to the city. Market said the lower trail would be costly to build, would require retaining walls, stairs and change in walking environments. Market stated this trail will not be used. Tom Stevens told Council he took the original application through the approval process. Stevens said the trail connection through the Molly Gibson park was part of the original approval and the Joint Venture was directed to construct a trail through Williams Ranch to meet up with the Centennial trail. This trail has been constructed and is in existence. The Joint Venture was also directed to get a trail across their open space to the city-owned parcel. This trail has also been done. Stevens said the portion between these two trail connections is not within a legal easement. Stevens pointed out there are no legal documents specifying the trail connection. Chuck Brandt told Council he has reviewed the approval documents and does not think it clear these documents impose a legal obligation on Williams Ranch Joint Venture to construct the horizontal trail but only the obligation to dedicate a trail easement. Brandt reminded Council they have received a letter from the homeowner's association that they do not want to see a trail constructed. The terrain on the east is very difficult and does not connect to any existing trail. Brandt said the Joint Venture has spent over $225,000 in landscaping, $1 million in infrastructure, $85,000 in the Molly Gibson park. The developer feels he has lived up to his obligations. Brandt said the annexation agreement and the affordable housing construction agreement state that the Joint Venture shall construct all roads, hydrants, sidewalks, trails, water lines, sewer lines, and common areas. Brandt said this is very general language and is not reflective of the approval. Brandt said the P & Z resolution of conceptual approval states the applicant shall obtain an easement from the ditch owners for the proposed trail along the Salvation Ditch. Specific information regarding trail standards shall be included in the application. The applicant shall dedicate this as a public easement. Brandt said this language refers to the one trail constructed by the Joint Venture. Brandt said when Council gave final approval in 1994, the minutes show that a public recreation easement should be placed on the plat. The motion stated, "The public recreation easement to allow community neighborhood use of the open space below the Salvation Ditch shall be recorded with the final plat". There is no mention of the 6 Regular Meeting Aspen City Council May 8~ 2000 horizontal trail or trail construction. Brandt pointed out, Ordinance #52, 1994, has one reference to trails, "The applicant shall grant a public recreation easement to the City of Aspen for the open space parcel adjacent to Salvation Ditch". Brandt concluded there are no specific references in the approval documents obligating the Joint Venture to construct the horizontal trail. John Worcester, city attorney, told Council he was asked in 1998 to render an opinion on whether the Joint Venture was obligated to construct the horizontal trail. Worcester said he concluded the Joint Venture was obligated to construct the trail. Worcester said it was know that the homeowners did not want the trail constructed, the trail lead to nowhere. Worcester agreed the language is ambiguous. Worcester said Markel has offered to go through arbitration about the construction of this trail. Worcester said Markel does not want any liability for this trail. Worcester said he would advise the city not to move any boulders. Worcester said Markel offered to give an additional $10,000 for the city to try and negotiate an arrangement with Centennial for a trail easement. Worcester told Council regarding the sidewalks, he does not feel comfortable requiring the developer to pay for something no one wants. Mayor Richards asked how the emergency access has been resolved. Bendon told Council the two homeowners associations are responsible for maintaining that access. They have been in contact with the developer of lot 1 and with the fire marshal on the correct way to fix the access. The owner of lot 1 may put in a gate, which will solve most of the issues. Bendon notes the ordinance requires approval from the fire marshal on the emergency access Mayor Richards opened the public hearing. Jackie Parker, 50 Williams Ranch Drive, told Council their lot is loosing dirt. Last year the house shifted. Ms. Parker said she is concerned about the impact of a trail on her lot as well as safety of people walking on the trail. Jean D'Alessio agreed about the problem of erosion; some homeowners are worried about the safety of their houses. Lisa Markalunas, lot 34 Williams Ranch, said she is concerned about the structural integrity of the trail, the safety of the houses at Williams Ranch, and privacy for residents along this trail. 7 Regular Meeting Aspen City Council May 8~ 2000 Sheldon Fingerman, lot 28 Williams Ranch, told Council the boulders at his property would have to be moved and would threaten the integrity of his home. Fingerman is concerned about structural damage. If this trail were to be part of the development, it should have been built before the structures were put in. Helen Palmer, Williams Ranch Court, said she would like to see the compromise with Centennial reached. Mayor Richards closed the public hearing. Worcester noted Council, Chuck Brandt and he visited the site before this meeting. Councilman Hershey said he cannot support requiring this trail. Mayor Richards said the trail should have been built before the project was developed. Mayor Richards said the current connecting path is not publicly owned and can be closed by Centennial at any time. Mayor Richards said she would like the city to hold on to the escrow to use to work out an alternate route for the trail with Centennial. Councilman McCabe agreed to see if negotiations with Centennial could be successful. Worcester said the ordinance would be amended to state the Markel will provide another $10,000 in escrow for the city to use as it wishes in order to facilitate an agreement with Centennial and Williams Ranch if possible. Worcester suggested staff have a chance to draft this language before Council vote on it. Councilman McCabe moved to continue Ordinance #6, Series of 2000, to later in the meeting; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE #14, SERIES OF 2000 - Skateboard Park Rio Grande SPA Amendment Nick Lelack, community development department, and Scott Chism, parks department, presented the Skateboard Park in Rio Grande. Lelack said this ordinance approves building a skateboard park and relocation of an existing basketball court. Rio Grande is divided into site A, the park north of the bike trail, and site B, the field, recycling site, and basketball court. In 1993 P & Z and Council approved the master plan as a conceptual plan for the park. This plan requires any additional development on Rio Grande to be reviewed as a final SPA review. P & Z recommended approval of this SPA plan. 8 Regular Meeting Aspen City Council May 8~ 2000 Lelack told Council staff feels the skateboard park is consistent with the Rio Grande master plan as one of the identified activities for site B is a skateboard park. Lelack pointed out site B is flat, stable soils, and only one utility to be relocated. This will be incorporated into the civic center master plan. There are temporary restroom facilities on Rio Grande; there are permanent facilities in the parking garage and the youth center. Additional two sanilets will be provided for the skateboard park. This use will have no lighting. Lelack said P & Z recommended in favor of this even though they have long been supporters of a trolley system. No trolley plans have been received by the city. This plan recognizes the potential for a trolley system and is designed to incorporate a trolley system on site. Two P & Z members feel they did not have the assurance that this project would not interfere with the trolley system. P & Z requested a trolley system overlay be presented to Council and that a condition stating that the transportation rights for the park be superior to all other rights in the future. Lelack said this condition is not necessary as the Rio Grande Master plan states, "because the site was purchased with seventh penny transportation funds, the basis of future development goals is transportation oriented". Staff supports the skateboard part as it meets the criteria; it provides an important recreation facility and it is designed to minimize overall impact on the park and adjacent area. Chism showed a rendering of the skateboard park and the relocation of the basketball court. The skateboard park will be located at the edge of the park away from the more passive uses. The skateboard park will be sunk as much as possible; the contours will be used; the area will be screened with landscaping. The recycling area will be redesigned for efficiency and better access. Mayor Richards opened the public hearing. Jesse Davis said they have been working on this project for 8 years and are pleased with the outcome. Tammy Dauson, Theatre in the Park, said they support the park and Aspen's youth. There are some concerns. One is that the path to the tent is completed by June 12th SO that people can get to the tent. Dauson said performances at the tent start at 7:30 p.m. and there may be some noise conflict between then and when it gets dark. There are also 9 Regular Meeting Aspen City Council May 8~ 2000 matinee performances. Ms. Dauson suggested skateboarding not be allowed during these times. Chism told Council they have hired extra help to get the work underway to accommodate the theatre schedule. Chism said the construction companies could take lunch breaks during the matinee times. Chism told Council one of the noise factors in skateboarding parks is the joints in concrete. They are eliminating as many joints as possible. Alan Osborn, Theatre in the Park, said they are also concerned about skateboarders speeding by people walking to the theatre. Mayor Richards suggested staff work on signs alerting both skateboarders and pedestrians. Ms. Dauson pointed out the path is used by some vehicles for handicapped people and deliveries. Mayor Richards closed the public hearing. Councilman Hershey moved to adopt Ordinance #14, Series of 2000, on second reading; seconded by Councilman McCabe. Councilman McCabe said he would be more concerned about the noise from the basketball court. Chism said they plan on using dense landscaping as a buffer. Chism said staff could look at lowering the basketball court or using a different surface, like a rubber coating. These would add costs to the project. Councilman McCabe suggested working with the basketball players to curtail playing during theatre performances. Mayor Richards asked staff to look into the costs and time for making changes to the basketball court. Chism told Council this project will be complete this fall. Chism told Council TeamPain Enterprises from Florida were selected. This firm has skateboard park design experience. The skateboard park will be separated between experienced and beginning areas. Roll call vote; Councilmembers McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. ORDINANCE #6~ SERIES OF 2000 - Williams Ranch PUD Amendment Chris Bendon, community development department, told Council staff and the applicants have agreed on changes. Section 1 details the manner in which the approvals are amended. Numbers 1 says no ditch; number 2 says no sidewalks. Number 3 reads the city is allowed to keep the $11,400 and 10 Regular Meeting Aspen City Council May 8~ 2000 the PUD agreement requires an additional $10,000 and allows the city to spend the additional funds in any manner determined appropriate by the Council including negotiations with Centennial. Number 4 requires the city reconstruct a small section between lots 6 and 10. Number 5 deals with the middle trail section and states the Williams Ranch Joint Venture is no longer obligated to develop the trail; easement shall remain in full force and effect. The improvement may be completed by the city using additional funds held in escrow by the city. Number 6 is the same and deals with the southernmost section of the trail. Number 7 is not changed and deals with how the extra monies go back to the homeowners after determination by the fire marshal that emergency access easement is in acceptable condition. Worcester suggested this section state "all remaining and unused funds left over satisfying all of the above parties". Mayor Richards reopened the public hearing. Sheldon Fingerman, Williams Ranch homeowner, offered any assistance with the negotiations with Centennial. Mayor Richard closed the public hearing. Councilman McCabe moved to adopt Ordinance #6, Series of 2000, as amended on second reading; seconded by Councilman Hershey. Roll call vote; Councilmembers McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. ORDINANCE #12~ SERIES OF 2000 - Water Service Agreement Stillwater Ranch Affordable Housing Phil Overeynder, water department, told Council this is a 17 unit affordable housing project unit located just east of the city limits near highway 82. Overeynder reminded Council they have a policy that all extraterritorial water service agreements have to be approved by ordinance. Overeynder said the policy states Council will look at the overall capability of the city to serve water. The city has recently completed an assessment of raw water capability. The engineers concluded because the city has been so successful in capping leaks, there is sufficient water to serve this project as well as the housing project contemplated in the AACP. Overeynder said this project has been reviewed and found to be in compliance with the AACP. This ordinance contains two conditions; one is that the design review process requirements be fulfilled and that the project be in compliance with public facility standards for infrastructure. 11 Regular Meeting Aspen City Council May 8~ 2000 Overeynder said in the past when a project in the county did not have adequate water rights, they would pay a fee to the city to cover these fees. Council has adopted a policy to waive these fees when it is an affordable housing project. Lee Novak, housing office, told Council this project has received conceptual approval by county P & Z. There will be 13 three-bedroom and 4 one- bedroom units. The land was a gift; and the construction costs will come from Pitkin County's payment-in-lieu funds. Mayor Richards said the city should have some part in the discussion about how the units are dispersed because of the city's contribution through waiver of water fees. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman McCabe moved to adopt Ordinance #12, Series of 2000, on second reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #13~ SERIES OF 2000 - Code Amendment Ecological Bill of Rights Lee Cassin, environmental health department, told Council this ordinance amends the municipal code to add reference to the ecological bill of rights. The ordinance notes that the bill of rights serves as the city's philosophy, goals and policies respecting preserving the environment. Mayor Richards suggested this be amended that the ecological bill of rights shall serve as "one of the guides" to land use development. Councilman Hershey said he is concerned this will serve as an obstruction to the construction of affordable housing. Mayor Richards said she feels "one of the guides" is broader than the term guide. Mayor Richards moved to amend the ordinance to add "one of the guides"; seconded by Councilman Hershey. All in favor, motion carried. Councilman McCabe said he does not see an advantage of adding this to the municipal code as Council has already adopted the ecological bill of rights. Ms. Cassin said those who worked on the bill of rights felt that having it in the municipal code would be a reminder and that these rights would not get 12 Regular Meeting Aspen City Council May 8~ 2000 lost. Ms. Cassin said the "whereas" clauses note these are a goal and something to work toward. Councilman McCabe said he does not want adopting this to tie the hands of the city is some project comes along that would be necessary but outside the scope of the bill of rights. Councilman McCabe said he would like to keep flexibility. Mayor Richards said she does not want staff to feel these bill of rights can be disregarded at any point. Mayor Richards moved to adopt Ordinance #13, Series of 2000, on second reading. Motion DIES for lack of a second. Councilman Hershey moved to continue Ordinance #13, Series of 2000, to May 22. Councilman McCabe said he would like to amend the first sentence to delete "goals and policies" to make it clear this is not the guiding document and inflexible. Mayor Richards said the this is the policy for protecting the environment not for determining the economy, affordable housing. Councilman Hershey withdrew his motion to continue. Councilman McCabe moved to amend Ordinance #13, Series of 2000 to delete "goal and Policies"; seconded by Councilman Hershey. All in favor, motion carried. Councilman McCabe moved to adopt Ordinance #13, Series of 2000, as amended; seconded by Councilman Hershey. Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Mayor Richards, yes. Motion carried. RESOLUTION #57, SERIES OF 2000 - Colorado Riff Raft Temporary Use James Lindt, community development department, said this temporary use permit is to allow use a parking lot on the southwest corner of Juan and Aspen for storage for their rafts and for employee parking. Lindt told Council there have been previous approvals for this site from 1995 through 1998. The site will be used from May to September 31st. Lindt said this site is isolated from other uses. Lindt stated this meets the review criteria for a temporary permit and recommends approval 13 Regular Meeting Aspen Cit~ Council May 8~ 2000 Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. John Worcester, city attorney, questioned the condition about the city water department. Lindt said Colorado Riff Raft uses water and they will need to set up an account. Worcester requested the condition be modified to state to set up an account with the city. The engineering department has requested the applicant takes precaution to make sure the sediment does not dissolve off site. Councilman McCabe moved to approve Resolution #57, Series of 2000, as amended; seconded by Councilman Hershey. Lindt told Council he received two letters of opposition, Angus McBain and the Rudermans, and a letter from the Skier's Chalet in support of the application. Mayor Richards stated as a condition of the permit for review next year, plans should be submitted for this use when this parking lot is no longer available. Councilman McCabe amended his motion to include a long range plan for this use; seconded by Councilman Hershey. All in favor, motion carried. Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Mayor Richards, yes. Motion carried RESOLUTION #58~ SERIES OF 2000 - Kolorwheel Temporary Use Extension Nick Lelack, community development department, told Council this request is to extend a temporary use permit at 720 East Durant to November 10, 2000. Lelack said a paint/ceramics operation is not listed as a permitted or conditional use in the neighborhood conditional zone. Lelack said the purpose of NC is to provide daily or frequent trade or service needs of the neighborhood. Lelack said staff does not believe this use is consistent with the zone district; however, staff does recommend approval of this extension as long as the applicant applies for a code amendment no later than June 9 to allow this use as a permitted or conditional use in the NC zone district. Staff has added a second condition that the temporary use terminate within 30 days of final 14 Regular Meeting Aspen City Council May 8~ 2000 action by Council if the code amendment is not adopted and in no case any later than November 10, 2000. Melinda Goldrich, applicant, told Council, they received some confusing information from the community development department and did not apply for the code amendment. Lelack told Council the development order is generally for 3 years but always refer back to the approving resolution, which was a 6 month approval. This created some confusion. Ms. Goldrich requested to be allowed to turn in the code amendment June 15th rather than June 8th' MS. Goldrich said condition #2 said the temporary use shall terminate within 30 days of final action by Council if the code amendment is not adopted. Ms. Goldrich said this will make their lease difficult. Julie Ann Woods, community development director, told Council this is an extension of a temporary use that should not be in this zone district. Ms. Woods said the original intent was that the applicants were to come back through a process and apply for a code amendment. This extension will give the applicants a year in the NC zone. Staff agreed to the extension because of the confusion over the development order. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Mayor Richards said she is disappointed this has not reached a better conclusion; however, there was a misunderstanding of dates and she will support the temporary use extension. Mayor Richards agreed having to leave within 30 days if the code amendment is not approved is an unnecessary burden. Mayor Richards said she does not feel this use has created harm over the last 6 months. Councilman Hershey agreed he would eliminate the 30 day requirement but that there should be a date specific for the application of the code amendment. Councilman McCabe said he did not support the original temporary use and has not changed his mind. Councilman McCabe said he does not feel this is an appropriate location for this use. Mayor Richards moved to adopt Resolution #58, Series of 2000, deleting condition #2 in Section 1 and changing the application date from June 8 to June 15; seconded by Councilman Hershey. Roll call vote; Councilmembers McCabe, no; Hershey, yes; Mayor Richards, yes. Motion carried. 15 Regular Meeting Aspen City Council May 8~ 2000 REQUEST FOR FUNDS - Character Counts Dr. Benson told Council August 21 to 23 Aspen will host a Character Counts training session. Benson said 8 people in Aspen have been trained. This summer session will train an addition 45 people, 10 police officers, city employees and people from the school district. Benson said more people can be trained by bringing this to Aspen. Benson said the Aspen Education Foundation has given $20,000 toward this summer training; the Aspen Medical Foundation, Aspen Valley Partnership have provided funding and Aspen Institute will get involved. Councilman McCabe asked why this training costs so much. Kathy Klug, Aspen School, said it is most economical to bring the training to Aspen. The tuition is $790 for 3 days with a team of 3 professionals. Ms. Klug told Council the cost to go to this training out of town cost $1600 including transportation and hotel. The cost will be $20,000 for the teaching team and materials. There are costs for the facility and stipends for attendees. Councilman McCabe asked when an individual is trained if there is a commitment to translate this training into something concrete for the community. Benson said the training also allows people to be trainers for others and to work within their organizations to take character and ethic issues to their organizations. Ms. Klug said this training should be more community-wide than just the school district for it to be effective. Councilman McCabe requested when this training is done, that one of the trainers pass it on to the new Aspen Youth Council. Mayor Richards said she will support this as long as city staff are included in the training. Mayor Richards said it is important to also invest money in the human side and not just buildings and infrastructures. Councilman Hershey moved to fund $10,000 for character counts from Council contingency; seconded by Councilman McCabe. All in favor, motion carried. Councilman Hershey moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman McCabe. All in favor, motion carried. FARMER'S MARKET SUMMER 2000 PLAN 16 Regular Meeting Aspen City Council May 8~ 2000 Nick Lelack, community development department, reminded Council this summer's farmer's market has been a discussion item at a brown bag lunch. Council asked the farmer's market to present a plan that could be evaluated by staff. Lelack said the 5 pans of the plan are food samples, side shows, music, special events, and emergency access. The farmer' s market would like to prepare cooked food on site of samples and also to sell smoothies. Lelack said licensing and monitoring of on-site food preparation is an added staff burden. The sale of smoothies is in direct competition with various locations in town. Lelack said the purpose of the farmer's market is to bring Colorado grown produce for sale in Aspen. The applicants would also like to have activities like puppet shows, face painting, pumpkin carving. Staff feels these activities do not need to be regulated but recommend that these sideshows not cost anything nor would contributions be expected. Staff said no structures for these activities should be allowed. The applicants would also like music, some steel drum performances, and music students. Staff recommends there should be no amplified music and these events should be for people in the farmer's market area. The music should not begin before 10 a.m. Lelack said the emergency access should be a 16 foot wide strip through the market at all times for emergency vehicles. Staff recommends no on-site food preparation be allowed; sideshows be allowed free of charge; no additional structures are permitted; no amplified music be allowed and no music before 10 a.m. Jack D'Orio, representing the farmer's market, told Council their proposals are things they feel would improve the market. Homestead Meats has had pre-cooked items at the farmer's market. These items are cooked at a USDA plant and re-heated at the farmer's market. D'Orio said they didn't realize that proposing smoothies would cause problem. D'Orio said the steel drums can perform with or without amplification. D'Orio said 16 feet for an emergency access is 1/3 of their entire area. There are up to 15 vendors, which could go up to 20 vendors. If 16 feet is eliminated, it will take several weeks to get a plan organized to the satisfaction of the fire marshal. Councilman McCabe said he has no problems with pre-cooked samples. Councilman McCabe said he would like to see the steel drums without amplification. Mayor Richards said amplified music is pan of performers in 17 Regular Meeting Aspen City Council May 8, 2000 the mall and the steel drums can be turned down. Mayor Richards said she would like to Aspen be more vibrant. Mayor Richards favors allowing amplified music through a special review process. Mayor Richards said she does not want to limit this to one event per summer and there should be some criteria for these reviews. Councilman McCabe agreed it may be time to have more action in the summer. Jannette Whitcomb, environmental health department, said staff has proposed anyone can apply for one event to exceed the noise limit, not just once in the whole summer. Mayor Richards proposed the farmer's market exceed the noise limit 4 times this summer. Mayor Richards said she feels the food sampling would be fun and worth doing. Councilman Hershey said this should be prepared food, not anything to compete with local residents, no smoothies. D'Orio said they will get the emergency access worked out; however, they will have to put a moratorium on any new vendors until it is worked out. Mayor Richards said as long as the fire marshal is satisfied, it is ok with Council. Councilman McCabe moved to approve the farmer's market summer 2000 plan with the amendment to allow samples of pre-cooked, pre-packaged food and amplified music policy as described above; seconded by Councilman Hershey. All in favor, motion carried. IN-TOWN VEHICLE SELECTION Randy Ready, assistant city manager, told Council Kenny Osier, RFTA, has dealt with every bus manufacturer in North America over the last several months as well as working with CORE and the environmental health department to look for the best vehicle for the city. This included looking at alternative fuels. Staff recommends awarding a bid to Neoplan, Lamar, Colorado, for 4 traditional diesel vehicles, low floor, 35 feet, flexible seating plan. Mayor Richards said in order to get the diesel electric buses for 2002, it would cost $400,000 more than anticipated Electric buses have capacity problems. Councilman Hershey moved to extend the meeting to 10:45 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Councilman McCabe moved to recommend to the RFTA board to approve the Neoplan bid for 4 low floor 35 foot diesel buses be approved and to direct staff to work with RFTA to research and solicit bids for the most 18 Regular Meeting Aspen City Council May 8~ 2000 appropriate small scale, alternative fuel vehicles available to replace the Galena Street Shuttle vehicles, using the remaining available city and FTA(?) funds budgeted for in-town vehicle replacement; seconded by Councilman Hershey. All in favor, motion carried. REQUEST FOR FUNDS - Leadership Aspen Councilman McCabe told Council the class project for 2000 is to create an affordable housing guide for the Roaring Fork Valley. This booklet will describe all the options open throughout the valley, private, public rental, for purchase. The request for funds of $1500 is for printing. Mayor Richards moved to approve $1500 from the housing/day care funds; to the Leadership Aspen housing brochure; seconded by Councilman Hershey. All in favor, Councilman McCabe abstained; motion carried. Councilman Hershey moved to adjourn at 10:30 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Kathryn S. Koch, City Clerk PROCLAMATION - Arbor Day 2000 ........................................................ 1 CITIZEN COMMENTS .............................................................................. 1 COUNCILMEMBER COMMENTS ........................................................... 1 · Resolution #51, 2000 - Streets Improvements Contract/2000 ............. 2 · Resolution #53, 2000 - Deputy Municipal Court Judge/Gardenswartz. 2 · Request for Funds - Rewiring City Hall ............................................... 2 · Resolution #54, 2000 - US filter Contract Award ................................ 2 · Resolution #55, 2000 - Annexation Sandunes L.P ............................... 2 · Resolution #56, 2000 - Mall Leases ..................................................... 2 · Letter of Support Aspen Valley Land Trust .......................................... 2 · Request for Funds - City Hall Air Conditioning .................................. 2 · Minutes -April 10, 17, 24, 2000 .......................................................... 2 ORDINANCE #15, SERIES OF 2000 -DRACO Affordable Housing ........ 2 ORDINANCE #6, SERIES OF 2000 - Williams Ranch PUD Amendment. 5 19 Regular Meeting Aspen City Council May 8~ 2000 ORDINANCE #14, SERIES OF 2000 - Skateboard Park Rio Grande SPA Amendment ................................................................................................. 8 ORDINANCE #6, SERIES OF 2000 - Williams Ranch PUD Amendment 10 ORDINANCE #12, SERIES OF 2000 - Water Service Agreement Stillwater Ranch Affordable Housing .......................................................................... 11 ORDINANCE # 13, SERIES OF 2000 - Code Amendment Ecological Bill of Rights ..................................................................................................... 12 RESOLUTION #57, SERIES OF 2000 - Colorado Riff Raft Temporary Use RESOLUTION #58, SERIES OF 2000 - Kolorwheel Temporary Use Extension .................................................................................................... 14 REQUEST FOR FUNDS - Character Counts ............................................. 16 FARMER' S MARKET SUMMER 2000 PLAN ......................................... 16 IN-TOWN VEHICLE SELECTION ........................................................... 18 REQUEST FOR FUNDS - Leadership Aspen ............................................ 19 20