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HomeMy WebLinkAboutminutes.council.20010423Regular Meeting Aspen City Council April 23, 2001 Mayor Richards called the meeting to order at 5:05 p.m. with Councilmembers Hershey, Paulson, McCabe and Markalunas present. PROCLAMATION - Trial Sister City - Bariloche, Argentina The Mayor and Council proclaimed Bariloche, Argentina as a trial sister city for two years to continue true friendship and commonality of interests, which exist between the citizens of these two communities. PROCLAMATION - Crime Victims' Rights Week The Mayor and Council proclaim the week of April 22 to 28, 2001 to be Crime Victims’ Rights Week and to celebrate victims’ voices as an important chorus for fairness and dignity. The Aspen community continues to reach for the stars of justice and compassion for crime victims as individuals, as communities, and as a nation dedicated to justice for all. PROCLAMATION Trial Sister City - Coyhaique, Chile The Mayor and Council proclaimed Coyhaique, Chile, as a trial sister city for two years to continue true friendship and commonality of interests, which exist between the citizens of these two communities. PROCLAMATION - Life of Warren Conner The Mayor and City Council celebrate, honor, and recognize the life of Warren John Conner, his contributions to the City of Aspen, and his love of the community. Warren will be greatly missed as a favorite son, and wonderful neighbor and historical resource in the City. Councilman Markalunas said he would like to designate the alley between Conner's house and St. Mary's Catholic Church "Warren's Alley". CITIZEN COMMENTS 1. Ramon Duvernay propose d Council pass an ordinance for a 3 month drug testing program for the Council and to make it a requirement for future Council candidates. Duvernay said some current candidates are opposed to undercover police work. Mayor Richards stated her position on undercover drug work was printed in the paper. The Council has scheduled a work session May 22 with the police department to discuss this topic. Councilman Paulson noted that instituting drug tests does not necessarily change a person's habits. 1 Regular Meeting Aspen City Council April 23, 2001 Councilman Hershey said it is important for the community to address the issue of undercover drug work properly. The most important issue is the philosophy and the direction the community wants to go. Councilman Markalunas said scurrilous comments do not serve the public interest. Councilman Markalunas said the dialogue should be kept on a level to deal with issues and not with personalities. 2. Toni Kronberg said she is concerned about places for the youth to go this summer. The ice rink is closed, the pool is closed, and the Silver Circle rink is closed. Ms. Kronberg suggested Council work with Basalt to see if there are recreational facilities that can be shared. Ms. Kronberg reminded Council she has asked about feasibility studies and numbers for the new pool. Ms. Kronberg said the information she has been given does not pertain to the proposed pool. Ms. Kronberg said the leisure pool should be cut in half. Mayor Richards noted Ms. Kronberg has been given the numbers the Council felt was enough to make a decision about the pool. 3. Torre said channel 11 is ready to post Council's agenda if they can get it from staff. Torre reminded Council he passed out a community internship program, which he has discussed with the school board. Torre said he would like to work with the city to get this going. Torre announced that absentee balloting is available in the city clerk's office. Torre said Springjam was a great success and the only noise he heard was "when can we do this again". COUNCILMEMBER COMMENTS th 1. Councilman Hershey noted he toured 7 and Main and thanked staff, P & Z, HPC and the housing board for the work done on that project. Councilman Hershey said he was initially opposed to the commercial space; however, it is good looking and should be a success. 2. Councilman Markalunas commended the police and parking department for the job they did during the Conner funeral. 3. Councilman Markalunas requested Grassroots continue to show the Council meetings live rather than tape delay. Councilman Hershey, Grassroots Board member, said they intent to continue doing these live. 2 Regular Meeting Aspen City Council April 23, 2001 4. Councilman Paulson questioned scheduling the work session on undercover drug policy before the new Council is sworn in. Council suggested discussing this at the next brown bag meeting. 5. Mayor Richards reminded everyone to vote before leaving town. 6. Mayor Richards noted the summer day camp fee increase on the consent calendar. Mayor Richards said rather than raise the fee $5/day, raise it $2.50 and have the general fund pick up the other half. Mayor Richards moved to adjust the summer day camp fee increase in half and the rest come from a general fund contribution; seconded by Councilman Hershey. All in favor, motion carried. This increase is to due a temporary relocation to the community school in Woody Creek and the costs of transportation. 7. Steve Barwick, city manager, reminded Council there is a special nd meeting tomorrow night to consider 2 reading of the skateboard park emergency ordinance and the HVAC system at the Wheeler. 8. Steve Barwick, city manager, said the BOCC would like to meeting nd from 2 to 4 p.m., May 22 . If Council does not have a work session on undercover drug policies, this meeting could be scheduled for later in the day. CONSENT CALENDAR Councilman Hershey moved to read Ordinances #14, 13, 15 and 16, Series of 2001; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE NO. 14 Series of 2001 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 21 OF THE ASPEN MUNICIPAL CODE, “STREETS, SIDEWALKS AND OTHER PUBLIC PLACES” BY THE ADDITION OF A NEW CHAPTER TO REGULATE 3 Regular Meeting Aspen City Council April 23, 2001 THE USE OF THE RIO GRANDE SKATEBOARD PARK, AND TO IMPOSE PENALTIES FOR VIOLATIONS OF SAID REGULATIONS. ORDINANCE NO. 13 Series 2001 AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $203,116; TRANSFERING $5,000 FROM CENTRAL SAVINGS TO PUPPY SMITH: TRANSFERRING $200,000 FROM THE GENERAL FUND TO AFFORDABLE HOUSING/DAYCARE FUND: TRANSFERRING $4,000 FROM GENERAL FUND, City COUNCIL; TO WHEELER FUND: APPROPRIATING ELECTRIC FUND EXPENDITURES OF $29,450; APPROPRIATING PARKING/GARAGE FUND EXPENDITURES OF $14,381; APPROPRIATING HOUSING/ DAYCARE FUND EXPENDITURES OF $146,138; APPROPRIATING PARKS & OPEN SPACE EXPENDITURES OF $1,489,030. ORDINANCE NO.15 (SERIES OF 2001) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL FOR LANDMARK DESIGNATION OF 328 PARK AVENUE, A METES AND BOUNDS PARCEL WITHIN THE CITY OF ASPEN, ASPEN, COLORADO ORDINANCE NO. 16 (SERIES OF 2001) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL FOR LANDMARK DESIGNATION OF 101 E. HALLAM STREET, LOT A AND THE WEST 4.86 FEET OF LOT B, BLOCK 65, CITY AND TOWNSITE OF ASPEN Mayor Richards suggested the funding for Healthy Mountain Communities be moved from the end of the agenda to the consent calendar if there were no objections. Council had no objections. In the future, this will be part of the annual budget process. 4 Regular Meeting Aspen City Council April 23, 2001 Councilman McCabe moved to adopt the consent calendar as amended; seconded by Councilman Markalunas. The consent calendar is: · Amendment to Entrance to Aspen MOU · Ordinance #14, 2001 - Code Amendment - Regulation of Skateboard Park · Ordinance #13, 2001 - Supplemental Appropriations · Ordinance #15, 2001 - 328 Park Historic Designation · Ordinance #16, 2001 - 101 E. Hallam Historic Designation · Resolution #43, 2001 - Yellow Brick Playground Equipment Contract · Resolution #44, 2001 - Kinder Morgan Energy Service Agreement · Resolution #45, 2001 - Streets Improvement Contract · Truscott Contract Amendments - Resolution #46, 2001 - Loris & Associates & · Resolution #49, DHM · Summer Day Camp Fee Increase · Restaurant Lease at Golf Course · Minutes - March 26, April 9, 2001 · Healthy Mountain Communities Funding Request - $8,000 from Council contingency Roll call vote; Councilmembers Paulson, yes, Markalunas, yes; McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. 5 Regular Meeting Aspen City Council April 23, 2001 RESOLUTION #48, 2001 - Adopting HPC's Finding of Fact - 213 Bleeker Street Tim Whitsitt told Council he has been hired as special counsel on this item because it is considered a prosecution matter and it was deemed more appropriate that HPC and Council have special counsel. Councilman Hershey announced he had been contacted by Nick deWolfe, a neighbor of the project, and had discussed the project with him. Councilman Markalunas said his daughter is a member of HPC and if the appellant feels it would prejudice the findings of Council, he will recuse himself. The appellants stated they had no objection to Councilman Markalunas sitting on this hearing. David Hoefer, assistant city attorney, entered into the record a letter from Melanie Roschko, HPC member, and a summary of HPC's position and the Schelling offer. Hoefer said he and Doug Allen have agreed this will been treated as an appeal from HPC. Hoefer told Council they have the authority to adopt HPC's finding of fact. Whitsitt told Council there was an allegation of a violation by Schelling on the remodel and restoration of his house. A red tag was issued with a separate building department review. This hearing involves an HPC issue of whether Schelling was in violation of HPC approvals. There was a hearing at HPC, there are findings of fact, and a recommendation that Council issue sanctions. Whitsitt said there was not great disagreement before HPC as to what happened. During process of reconstruction at 213 West Bleeker, problems with the structure were discovered that needed to be addressed and there needed to be an amendment of HPC's approval. Whitsitt said there was a discussion with the city historic preservation officer about what needed to be done. The owner of the house thought the architect got HPC's authorization to change the work. The owner then went ahead and dismantled the historic house. Whitsitt told Council this house was granted landmark designation and was also granted zoning and parking variances. When HPC found out the historic structure had been dismantled without their authorization, the project was stopped. The owner said this was his mistake; it was not approved by HPC; it was a misunderstanding between the owner and the architect. HPC was not sure 6 Regular Meeting Aspen City Council April 23, 2001 what sanctions they could apply. Council is the final assessor of the penalty. The code states HPC can assess a moratorium for up to 5 years. Council could revoke the historic status and the variances. There is not significant authority in the code for Council to impose fines. HPC feels the historic value of the house has been lost, and they struggled to recommend sanctions within their power as well as to address the serious breach of the obligations of the owner. HPC recommended a one year construction moratorium, which was intended to start when work actually stopped in October 2000. Rich Shearer, representing Schelling, entered into the record exhibits, a large artist rendering, 4 X 6 photographs of the site, six photographs from the HPC record, a letter from Lori Schelling, which was read into the record. Shearer pointed out the differences between the Schelling offer and the HPC suggested sanctions. Shearer told Council the architect, Jack Palomino, took care of all the original approvals at HPC and was supposed to be responsible for getting the changes through HPC. Shearer said the HPC did not receive a letter from Palomino until October 2000. In the meantime, the owner Schelling, was going forward with changes he thought were approved. Schelling went over his history as a builder and as a homeowner in the Roaring Fork Valley. Schelling told Council he was coordinating this project through his architect, Jack Palomino. Schelling explained what was discovered in the renovation, like burned beams, water rot, newly installed lumber. Schelling pointed out the roof shingles were totally dry rotted and fell apart on handling. Schelling told Council after discovering the state of the structure, he met on site with Amy Guthrie and with Palomino. Schelling said he understood Palomino would prepare a letter for HPC and get formal approval. Schelling said he had several discussions with Palomino in September regarding the letter to HPC and was assured this had been taken care of. Schelling said when his structure was red tagged, he was surprised as he thought everything was in order. Shearer asked if the structure as approved by the HPC can still be built. Schelling said it can be. Hoefer reminded Council because of past problems, the community development department set up a contractor licensing program. Schelling was required to participate and did obtain an HPC contractor's license. Hoefer said Schelling is legally responsible for what happened to this structure; he was the contractor for the project. Hoefer stated Ms. Guthrie made it clear they had to go back to HPC for approvals. 7 Regular Meeting Aspen City Council April 23, 2001 Hoefer told Council Schelling is requesting to do a replication of a historic structure and to pay a penalty. HPC believes replication is inappropriate and that the applicants should come back with a new building plan. Amy Guthrie, community development department, told Council she conducted a site visit August 23 with the owner and the architect. Ms. Guthrie said she told the owner and architect that the proposed changes needed to be submitted in writing and to be discussed by the HPC. Mayor Richards opened the public hearing. Jeffrey Halverty, HPC member, said he hopes this can be resolved and fully supports the HPC recommended action. Suzannah Reid, HPC Chair, told Council their findings are based on the evidence presented at the HPC meeting. Ms. Reid said one issue for this structure is not following procedure. There was work being done which was neither approved nor discussed. This all could have been resolved by meeting with HPC. The contractor chose to dismantle the building. Ms. Reid told Council the HPC has worked on eductational materials, on improving their process, on communication. Ms. Reid said the HPC feels strongly that a collection of pieces of a building does not make a building. The historic integrity goes with the integrity of that structure. If that structure is dismantled, the historic integrity is gone. Ms. Reid noted this structure was not dismantled with the intention of reassembling in a historically accurate manner. The removal of the historic building should result in the removal of any benefits gained. Gil Sanchez, HPC, said community members have expressed concern that this owner is buying their way out of historic demolition. Lisa Markalunas, HPC, supports the finding of fact of the HPC. Ms. Markalunas said the community has lost an irreplaceable historic resource with the demolition of this building. The HPC approvals were very clear. The variances were awarded because of the significance of the historic structure on site. Chris O'Brien, 215 West Bleeker, said there is a safety issue on site. There should not be a moratorium; this needs to be fixed to take care of the adjacent property owner. Mayor Richards closed the public hearing. 8 Regular Meeting Aspen City Council April 23, 2001 Shearer said the proposed stipulated order meets everybody's needs. There has already been a large penalty imposed on the Schelling's with a 6 month delay, 6 months interest on the construction, attorney's fee, the site is an eyesore and is dangerous. Shearer said to keep this property historically designated because of the shed and then take away the variances because they have lost the historic structure is an inconsistent way to analyze this. Shearer agreed there is a need to have a deterrent against people tearing historic buildings down in the future. The applicants propose $75,000 plus up to $15,000 attorney's fees as a penalty. The applicants agree to a public letter of apology. Shearer said leaving a hole in the ground for one year is not the right solution for the neighborhood or for the city. Councilman Hershey said he feels the one year moratorium on construction penalizes the neighbors as well as the owner. Councilman McCabe said he is not convinced ripping out the entire project serves the general public. Councilman McCabe said preserving the plan and getting some fines may be the best way to serve the community. Councilman Markalunas said the applicant has removed the historic value of the property by demolition so the city must remove any concessions granted under historic designation. Councilman Markalunas recommended revoking the setbacks. Councilman Hershey said he would like to look at what best serves the community; unfortunately, one cannot go back in time. Councilman Hershey said the applicant should be punished for what happened. Mayor Richards said the HPC is looking at this from a purely historic point of view and the Council needs to look at this from a broader community view. Mayor Richards said this is a replication; however, it is a replication of a design already seen by the neighbors. Mayor Richards said the proposed penalty is not sufficient and should be closer to $100,000 and should also cover staff time and attorney's time. Councilman McCabe said tearing the structure down will be wasting resources, like materials and energy. Hoefer suggested part or all of the penalty could be designated to historic programs. Mayor Richards said some of the changes probably would have been approved when the applicant discovered the condition of the house. Councilman Markalunas said the applicant was given concessions on volumetrics, which have a development value, which should be taken into account. Mayor Richards noted the applicants did not build out to the 9 Regular Meeting Aspen City Council April 23, 2001 maximum FAR so the variances did not give a square footage that can be calculated. Councilman Paulson said he would like something in the motion that this footprint cannot be changed. Shearer stated the applicant would agree to that stipulation. Councilman McCabe moved the landmark status be removed, the variances stay, the structure cannot be changed beyond what has been approved and this be done in a deed restriction, that a substantial penalty is warranted and this penalty be $120,000 and that staff and attorney's fees be taken out of this and the rest goes to historic preservation, that a public letter of apology be written; seconded by Councilman Hershey. Whitsitt suggested this offer be taken back to the applicant. Council agreed. Shearer requested they be able to pay the penalty over time. Roll call vote; Councilmembers Paulson, yes; McCabe, yes; Markalunas, yes; Hershey, yes; Mayor Richards, yes. Motion carried. ASPEN MOUNTAIN LODGE RESOLUTIONS #47 AND #50 Julie Ann Woods, community development department, told Council there are two sites - lot 3 Top of Mill and Lot 5 Grand Aspen, and they are being processed together. The major change for lot 3 is an additional lot around the existing carport with a deed restriction as parking. The major change for lot 5 is the type of ownership. The original approval was for 150 room hotel; this request is for 51 fractional fee ownership units. There are minor changes; parallel parking along Galena street to provide parking for the Silver Circle; the garage entrance will be on the front of the hotel, on Dean street. There are an additional 18 spaces in underground parking. There will not be a restaurant or conference space in the hotel; some commercial space will be eliminated. These may reduce the number of employees generated. Ms. Woods recommended a corner space for commercial activity remains to reinforce life on the street. P & Z reviewed this and recommended approval of lot 3. P & Z recommended against the PUD amendment for lot 5 by a 1 to 4 vote over concerns about fractional fee ownership. Sunny Vann, representing the applicants, stated the new ownership is a partnership of locals, Hyatt Vacation Ownerships, and Colony Capital of 10 Regular Meeting Aspen City Council April 23, 2001 California. The conceptual PUD approval for lots 3 and 5 is for 150 room hotel on lot 5, 17 unit residential project on lot 3 and 100 percent deed restriction affordable housing project on the Bavarian Inn. The former owners had submitted a final PUD application last year. Vann told Council the owners feel development of a hotel is not feasible and development of a vacation ownership project had advantages to the city and to the community. Vann stated there are no proposed changes to the Bavarian Inn project. The Bavarian Inn project has been reviewed and sent to P & Z, who approved it with conditions. Vann told Council the time share component is a two-step review process that can be reviewed with the final PUD application. Vann said the applicants and staff felt it would make more sense to get an amended conceptual approval. Vann said the changes to lot 3 do not increase the density or the FAR but provide a mechanism for the Summit Place homeowners to own the land underneath their garage. Staff and P & Z have recommended approval. Vann said the basic structure on lot 5 remains unchanged. The concept is to convert the 150 hotel rooms to 51 two and three-bedroom units. There will be 18 two-bedroom and 33 three-bedroom units for a total of 128 keys. These units will be available to the public at large when not occupied by owners. Vann said the subgrade parking garage, the courtyard, footprint, outdoor pool and guest drop off areas will be retained. The restaurant and conference square footages have been eliminated. There will be a central lobby area, concierge services, bar and lounge area and a space for continental breakfast. The ramp to the parking off Galena street has been removed and relocated. This reduces the impacts to the neighborhood. Vann said the previous owners had an obligation of 41 net new employees; there was a credit for 13 employees at the Bavarian inn; 16 employees were to be housed on site; 12 employees were to be housed in a location to be determined. Vann said this application provides for housing on site for 28 employees. Staff has recommended approval of changes to lot 5 with conditions. Vann said P & Z reviewed this, took a straw poll on whether they could support fractional feel ownership and 4 members stated they could support this type of ownership. Vann said P & Z voted against this because of insufficient information and the lack of opportunity to attach conditions to the approval. Vann told Council there is not a conceptual approval for timeshare. The code states a timeshare application is submitted concurrently with the final PUD application. This application will go to P & 11 Regular Meeting Aspen City Council April 23, 2001 Z, and they will have ample opportunity to review and to make recommendations. Vann said if Council approves this application, the applicants will have to ability to submit a timeshare application. Councilman Hershey moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Scott Writer, one of the partners, told Council the demolition process has been started on the Grand Aspen hotel. Writer said they have provided non- profit organizations with anything inside the building they could use. The fire department and mountain rescue have been able to use the building for training. They will make every effort to get the demolition done before summer season begins. Writer said it is important to the community that these units be available for rental by the general public. Writer told Council they are working with the Chamber and with the Central Reservations. Writer said they will conduct an intense marketing effort including bringing people in to stay at this facility and to experience Aspen. Writer told Council once the project is sold out, owners make their units available for exchanges. These exchanges also bring new visitors in to Aspen. Writer said there are 1,020 integrals that will be for sale. A concern of P & Z is that not one person could buy all of the integrals. The applicants will commit that over 750 of these owners will be unique owners. John Burlingame, Hyatt Vacation Ownership, said this is the largest private held hospitality company in the world. Burlingame said the vacation ownership program operates a lot like a hotel. The owners can make arrangements for 3 to 7 night stays. There is a specific use plan designed for th Aspen, to sell a 1/20 interest. The owners may be a fixed weeks either summer or winter and receive an additional 10 days of use in spring or fall. Owners arrange to use, exchange or rent their units. A unique component of the Hyatt program is that any unit not rented 60 days in advance is available for general rental. Burlingame said the inventory will be pre-sold, so the building starts at 70 percent occupancy. Councilman Paulson said Council's intention in the conceptual approval was to gain a moderate priced hotel. Councilman Paulson asked how that squares with Hyatt's proposal. Burlingame said they will be willing to negotiate with a customer, and the price will vary with season and demand. This project would be able to make rental deals that hotels cannot make. 12 Regular Meeting Aspen City Council April 23, 2001 Mayor Richards noted that the application for timeshare has not yet been submitted. The applicants would like an indication from Council before they have seen the details of that plan. Mayor Richards suggested a joint work session with P & Z before the next Council meeting. Councilman McCabe asked who would own the unit in the nights it is not owned. Writer said there will be maintenance time and also more time for exchange or rental. Steve Ferrini, real estate consultant, told Council they have been studying the feasibility of resort developments for 20 years and have become experts on fractional fee development. Ferrini said vacation ownership projects generally have a 20% higher occupancy than hotels. People have a financial commitment to use their units and there are also exchange programs with millions of units. The units can also be rented. Ferrini said studies show that vacation owner groups spend 18 to 26% more on local goods and services. The vacation ownership should attract 27% more people who spend more money. Ferrini said vacation ownership will attract a different demographic for Aspen; will attract new people annually; will perform better in the off seasons. Ferrini said vacation ownership is the fastest growing segment of the tourism industry. Mayor Richards opened the public hearing. Ron Erickson, P & Z member, told Council P & Z felt this could be acceptable; however, hotel rooms are no longer being sold. This product will be selling suites. The issue is how to get the units rented to the general public when they are not being used and to make the town more alive. P & Z wants to make sure that type of rental is happening. Erickson stated this is a significant project, perhaps the last major hotel project in town, and should not be rushed through the process. Jerry Moncarsh, Galena Place owner, said this project will create a solid wall. The applicants are asking for a 60% height variance above what is allowed in this zone. Moncarsh noted there will be management fees and rental fees on top of the purchase price, which will add to the rental price of the units. Moncarsh said the neighbors are concerned over the height, and 60% is significantly higher than what is allowed. Moncarsh suggested the units on the fourth floor be eliminated. Mayor Richards said the Council has 13 Regular Meeting Aspen City Council April 23, 2001 signed off on the height at the conceptual approval. This is an amendment that may or may not bring the height back up for consideration. Steve Falender said the parking along Galena street should be available to the general public. There should be landscaping along this area and the building. Falender said if this is 150 moderately priced room hotel, he would not object to the height. But this is a millions of dollar sale project building is a time share with 20 interval owners The height is the result of a variance, not that allowed, and it was granted for a community benefit of having a 150 room, moderately priced, hotel. Falender urged Council to go back to what is allowed. Bill Tomcich, Aspen Central Reservations, said operating hotels in this town is difficult and there has been a loss of beds. Tomcich said this is a creative solution to the community needs and it also an economically feasible project. Tomcich said he likes the flexibility of the lock off rooms. Tomcich encouraged Council to approve this project. David Booth, Aspen Lodging Company, said in general he favors vacation ownership and believes that increases occupancy. Booth said the outstanding issue is height and he would like to see that re-addressed. The height variance was granted on a different set of conditions. Marcia Goshorn noted vacation ownership will bring people to Aspen who have never been here before. Mayor Richards closed the public hearing. Steve Barwick, city manager, noted the impact of timeshare product is to produce less sales tax revenue. Barwick said staff has mentioned this to the applicants, who have agreed to this condition, "It is recognized that the City's existing timeshare ordinance, which was adopted in the early 1980's, does not address potential impacts that are associated with timeshare projects as currently utilized by develops. It shall be a condition of this conceptual approval that, in connection with the Grand Aspen final PUD approval, including time, all such impacts, the mitigation of which is roughly estimated to be between $4 million and $5 million will be specifically identified and that applicant agrees to pay such mitigation costs provided that, under any circumstances, applicant's mitigation obligation shall not exceed $5 million. Expressly excluded from the foregoing mitigation is employee housing which applicant satisfactorily proposes to 14 Regular Meeting Aspen City Council April 23, 2001 mitigate elsewhere in its application". Barwick said this is a way to mitigate the direct loss of sales tax. Barwick said this will allow the general fund to have enough resources to provide services for the residents and visitors. Mayor Richards suggested Council schedule a meeting with P & Z to hear their concerns and then schedule this for the next regular meeting. Councilman McCabe moved to continue this to a work session May 1 and as th a regular agenda item May 14 ; seconded by Councilman Hershey. All in favor, motion carried. RESOLUTION #40, SERIES OF 2001 - Supporting Entrance to Aspen Busway Ballot Question Mayor Richards reminded Council this was turned over to a sub-committee of Councilmembers Markalunas and McCabe for a re-write. This is a one page resolution outlining the chronology of the decision making on the entrance to Aspen to this point. Councilman Paulson said the electorate should vote against Question #4 the resolution states the bus alternative will provide a better entrance to Aspen. Councilman Paulson said this will only become a four-lane highway. Councilman Hershey supports the resolution as this is an interim step and keeps the process moving along. Councilman Markalunas said he stands by the existing Record of Decision, which was two lanes of traffic and light rail. Councilman Markalunas said this alternative is tantamount to four lanes of traffic. Councilman Markalunas said he is voting against this resolution as he cannot support a four-lane highway coming into Aspen. Bob D'Alessio said he finds it difficult to support anything that leaves the existing entrance intact. The entrance is a choke on the city. Helen Klanderud said she does not see why it is necessary for Council to pass this resolution. Ms. Klanderud said a resolution representing the views of 3 Council persons is not helpful to the voters. Ramona Markalunas said Council and the voters should not allow four lanes of automobile traffic come into Aspen. Ms. Markalunas said Aspen should be in the forefront of this battle and make a transit system work. 15 Regular Meeting Aspen City Council April 23, 2001 Mick Ireland said a defeat of this question will be interpreted by CDOT as a no vote on the entrance to Aspen and will allow CDOT to spend their money elsewhere. Ireland said he supports rail as it is a bridge to the future. This alternative would allow conversion to rail when the money is available for that mode of transportation. Ireland noted the Record of Decision allows 2 lanes with light rail or 2 lanes with buses; those are the choices. Mayor Richards said this debate has kept the community gridlock for 30 years; extremes on either side will not allow a compromise. The long term goal is light rail as a valley wide solution. Councilman Hershey moved to adopt Resolution #40, Series of 2001; seconded by Councilman McCabe. Roll call vote; Councilmembers Hershey, yes; Markalunas, no; Paulson, no; McCabe, yes; Mayor Richards, yes. Motion carried. ASPEN TROLLEYS Ed Sadler, asset manager, reminded Council they instructed staff to find a home for the city's 6 trolleys. Sadler said he found 4 towns that are interested and recommends the trolleys go to any combination of these towns. These are all towns that will put the trolleys to use and not allow them to continue to deteriorate. Jon Busch, Aspen Street Railway Company, said Aspen has seen 3 bad economic years and people are looking for ways to make Aspen unique and to preserve its special character. Busch said these are turn of the century trolleys and there are no more. Busch said giving away these trolleys seems to be timing at its worst. Bob D'Alessio reminded Council these trolleys were granted to the city in 1980 for tax credits. A 6320 corporation was set up and this organization paid for 3 studies on the feasibility of trolleys in Aspen. D'Alessio said they would like these trolleys back. The Railway Company would like to find a home for these trolleys where someone will refurbish them. D'Alessio said this will take up to 6 months to arrange. Mayor Richards said she would like a date certain for these to be moved off city property. Councilman Hershey said there is no support in the community to put in overhead wires. Councilman Hershey said he does not see trolleys being used in the community. Councilman Hershey said he would like these trolleys put to use somewhere. Councilman Markalunas 16 Regular Meeting Aspen City Council April 23, 2001 said he, too, wants to save the trolleys rather than have them sit at Cozy Point and continue rotting. Mayor Richards said the Railway Company needs to research whether the tax credit will have to be refunded. Mayor Richards said after 20 years, 6 months seems reasonable. Mayor Richards st suggested giving the Trolley Company until August 31 to move these trolleys to another spot. Mayor Richards moved to allow the trolleys to remain at Cozy Point ranch st only until September 1 and that the trolley group has 75 days from this date to tell Council what progress has been made to move them and if it is still their intention to move forward and to give more solid plans on how to restore them and to where the group will be moving the trolleys; seconded by Councilman Markalunas. Mayor Richards said she feels it is inappropriate for the trolleys to be stored on city open space. Councilman Markalunas said he would the motion amended to include it is in Council's interest to see these trolleys preserved; ownership is secondary. Councilman McCabe said he would rather give these trolleys to a place that has an operating trolley system and that will use these trolleys. Councilman McCabe said the title to the trolleys should not be transferred until the city gets a plan on restoration. Mayor Richards said the trolley company has worked hard on this project and she is willing to give them another 120 days. If this group does not do anything, the city can make inquiries again. Roll call vote; Councilmembers Markalunas, yes; McCabe, no; Hershey, no; Paulson, yes; Mayor Richards, yes. Motion carried. ORDINANCE #12, SERIES OF 2001 - Code Amendment Zoning Fees Steve Barwick, city manager, said this is to institute a $25 plan check fee to cover the cost of bear proof trash containers. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Paulson moved to adopt Ordinance #12, Series of 2001, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. 17 Regular Meeting Aspen City Council April 23, 2001 Councilman Markalunas moved to adjourn at 11:25 p.m.; seconded by Councilman Hershey. All in favor, motion carried. PROCLAMATION - Trial Sister City - Bariloche, Argentina .................... 1 PROCLAMATION - Crime Victims' Rights Week ................................ .... 1 PROCLAMATION Trial Sister City - Coyhaique, Chile ........................... 1 PROCLAMATION - Life of Warren Conner ................................ ............. 1 CITIZEN COMMENTS ................................ ................................ ............ 1 COUNCILMEMBER COMMENTS ................................ ........................ 2 CONSENT CALENDAR ................................ ................................ ........... 3 · Amendment to Entrance to Aspen MOU ................................ .............. 5 · Ordinance #14, 2001 - Code Amendment - Regulation of Skateboard Park ................................ ................................ ................................ .......... 5 · Ordinance #13, 2001 - Supplemental Appropriations ........................... 5 · Ordinance #15, 2001 - 328 Park Historic Designation .......................... 5 · Ordinance #16, 2001 - 101 E. Hallam Historic Designation ................. 5 · Resolution #43, 2001 - Yellow Brick Playground Equipment Contract 5 · Resolution #44, 2001 - Kinder Morgan Energy Service Agreement ..... 5 · Resolution #45, 2001 - Streets Improvement Contract ......................... 5 · Truscott Contract Amendments - Resolution #46, 2001 - Loris & Associates & ................................ ................................ ............................ 5 · Resolution #49, DHM ................................ ................................ .......... 5 · Summer Day Camp Fee Increase ................................ ......................... 5 · Restaurant Lease at Golf Course ................................ .......................... 5 · Minutes - March 26, April 9, 2001 ................................ ....................... 5 · Healthy Mountain Communities Funding Request - $8,000 from Council contingency ................................ ................................ ................ 5 RESOLUTION #48, 2001 - Adopting HPC's Finding of Fact - 213 Bleeker Street ................................ ................................ ................................ ............ 6 ASPEN MOUNTAIN LODGE RESOLUTIONS #47 AND #50 ............. 10 RESOLUTION #40, SERIES OF 2001 - Supporting Entrance to Aspen Busway Ballot Question ................................ ................................ .............. 15 ASPEN TROLLEYS ................................ ................................ ................. 16 ORDINANCE #12, SERIES OF 2001 - Code Amendment Zoning Fees .. 17 18