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HomeMy WebLinkAboutminutes.council.20020708Regular Meeting Aspen City Council July 8, 2002 CITIZEN PARTICIPATION .......................................................................... 2 COUNCILMEMBER COMMENTS ............................................................. 4 CONSENT CALENDAR ................................................................................ 5 [2] Resolution #55, 2002 - Contract Community Development Vehicle Purchase ....................................................................................................... 5 [21 Resolution #57, 2002 - IGA Basalt Building Services ....................... 5 RESOLUTION #60, 2002 - 8th and Hallam Pedestrian Improvements ......... 5 RESOLUTION #58, 2002 ~ Contract RFTA Buses ........................................ 6 ORDiNANCE #24, SERIES OF 2002 - Innsbruck Lodge Preservation PUD ORDiNANCE #10, SERIES OF 2002 - Junior Golf Subdivision, Rezoning, PUD Amendment ............................................................................................ 6 ORDINANCE #13, SERIES OF 2002 - Supplemental Appropriations ......... 7 ORDINANCE #17, SERIES OF 2002 - Code Amendment GMQS .............. 8 ORDINANCE #19, 2002 - FROST PROPERTY REZONING: ORDINANCE #20, 2002 - FROST PROPERTY ALLEY VACATION ....... 8 RESOLUTION #59, SERIES OF 2002 - License Agreement for Use of Public Property - Driveway/Trail East Hallam ............................................. 14 ORDINANCE #21, SERIES OF 2002 - Code Amendment - Fractional Ownership ..................................................................................................... 15 REPORT ON CITIZEN PETITIONS ~ Entrance to Aspen .......................... 15 REQUEST FOR FUNDS - Moving Historic Cabins to Cozy Point ............. 15 RESOLUTION #56, SERIES OF 2002 - Red Mountain Water System Contract ......................................................................................................... 16 Regular Meeting Aspen Ci,ty Council July 8, 2002 Mayor Klanderud called the meeting to order at 4:05 p.m. with Councilmembers Hershey, Panlson, Semrau and McCabe present. Councilman Hershey moved to go into executive session for the purpose of discussing transfer, lease, sale of real or personal property pursuant to C.R.S. 24-6-402(4)(a); seconded by Councilman McCabe. All in favor, motion carried. Councilman Paulson moved to come out of executive session at 4:55 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Councilman Hershey moved to adjourn at 4:55 p.m.; seconded by Councilman McCabe. All in fav°r, motion carriedl Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Panlson, Semrau, McCabe and Hershey present. Mayor Klanderud announced the Entrance to Aspen will be discussed at a work session July 9~ after the Obel~eyer project. CITIZEN PARTICIPATION 1. Bill Stifling said it seems that government is moving away from the people, where it should be. In the 1990's Council was a steward protecting what made this place special. Stifling said the Council seems to be acting as developers rather than stewards. Stifling noted many people's livelihood depends on maintaining the quality of Aspen. 2. Barry Gordon told Council he has been putting on cooking demonstrations as part of the Saturday Market for 3 weeks, which has been a big success. Gordon suggested closing a street or two and having many chefs participate as part of the "cooking demonstration" festival in September. Gordon said hotels and restaurants could offer specials to get tourists here. Mayor Klanderud said this should be taken to the special events committee. Gordon told Council he is going to organize a retail merchant's association to discuss the problems at large and see what can be done to help retailers. 3. Les Holst, former HPC member, read a letter about the current restoration work at Ute Cemetery. Holst noted the then HPC reviewed Ute 2 Regular Meetin~ Aspen City Council July 8, 2002 Cemetery and decided it was a magic place and should be preserved as closely to its present state as possible. Holst said the present restoration is going in the wrong direction. Mayor Klanderud suggested a site visit to Ute Cemetery so everyone can see what is happening and how it will be completed. Amy Guthrie, community development department, told Council what was happening at Ute Cemetery was not good historic preservation. Ms. Guthrie said a site visit with the consultant is planned on July 25th at 11 a.m.; public and Council are invited. 4. Georgeanne Waggaman, former HPC and Councilmember, said she has walked through Ute Cemetery every day for 30 years and sees no need to mm it into a suburban park. MS. Waggaman said tourists do not come here for suburban parks. Ms. Waggaman said the current project at Ute Cemetery is too heavy handed. 5. Jim Markalunas submitted a letter asking that Council direct staff to reassess its current restoration practices in keeping with the historical character and values of Aspen. Ute Cemetery is an example of good intentions gone awry. The unintended consequence maybe the loss of an irreplaceable Aspen treasure. 6. Toni Kronberg asked if there is an appropriation for Iselin Ice Rink in the supplemental appropriation ordinance. Steve Barwick, city manager, said Ordinance #13 has an appropriation for the steel inspections for Iselin construction. Ms. Kronberg said she would like to make sure that work at the ice rink is not halted. 7. Brianni Frank told Council her grandmother owns the property at 215 West Bleeker. The Shelling property is next door at 213 West Bleeker. Ms. Frank reminded Council the Shelling property came before them in May 2001 and the property owners were fined but the variances were left intact. Ms. Frank said portions of the project intrude on 215 West Bleeker, which has caused a lot of problems to her grandmother's property. Ms. Frank noted it has been over a year since Shelling signed a contract with the city; they have not paid nor have they provided any acceptable plans. Amy Guthrie, community development department, told Council staff has been meeting with the attorney for Shelling for the last 6 monthS. Shelling had to get a new architect and staff is in the process of reviewing plans. Ms. Guthrie said staffis as concerned as the neighbors about getting this straightened out. 3 Regular Meeting Aspen Ci,ty Council July 8, 2002 John Worcester, city attorney, said he will review the agreement to see if there is anything that can be done to complete this process. COUNCILMEMBER COMMENTS 1. Mayor Klandernd said the Fourth of July was fabulous and a lot of people put a lot of effort into making it happen, especially city staff and ACRA. Mayor Klanderud said the Citizens and visitors both seemed to enjoy all the activities and there were no violations of the fireworks ban. 2. Councilman Paulson invited everyone to attend the World Watch conference at Paepcke this weekend. It is put on by the Sopris Foundation and will focus on where the world is headed. 3. Councilman Paulson requested the Entrance to Aspen discussion be postponed as Council has just received the memorandum from the city attorney about alternatives for ballot language. Councilman Semrau said he would like to get started on this issue and hear comments from Council and the public tomorrow. 4. Councilman Hershey said he attended this weekend's cooking demonstration in Conner Park and it is a great and delicious thing to do. 5. Councilman Hershey said he is not in favor of postponing the discussion on the Entrance to Aspen. Mayor Klanderud agreed there will be no decision made at the work session July 9th. 6. Councilman Semrau said the Obermeyer COWOP and the Entrance to Aspen are both being discussed at a July 9th work session. Everyone is invited to this work session to see the various options on both projects. Mayor Klanderud said the civic master plan is also being discussed. There is a lot in the planning process and nothing has been finalized. Both the civic master plan and the Obermeyer COWOP meetings are open to the public. 7. Phil Overeynder, water department, told Council Aspen residents and visitors have cut back on their water use. There is evidence of 10% decrease over the Fourth of July weekend. There was a 9% reduction in June water usage. Overeynder told Council the way the state water engineers are administering the water rights, the city should get through the summer 4 Regular Meetin~ Aspen Ci.ty Council July 8, 2002 without having to go to a stage two water shortage. Overcynder told Council he will report back again in August, Councilman McCabe asked if there is a way to know ahead of time and to alert residents about water releases. Overeynder said the city has commented on this without having made a large impact. Overeyndcr told Council he will pass that comment on again. 8. Ed Sadler, asset manager, introduced the new housing director, Maurcen Dobson. 9. Councilman Hershey said the Council for the Arts is changing its name to more correctly reflect its duties as manager of the Red Brick facility. 10. Mayor Klanderud said the economic sustainabiliW committee is trying to compile information on the current state of retail in Aspen. CONSENT CALENDAR Councilman Paulson said he would like to pull Resolution #60, 8th and Hallam Pedestrian Improvements and Resolution 58, contract RFTA buses. Councilman McCabe moved to approve the consent calendar as amended; seconded by Councilman Hershey. The consent calendar is: a Resolution #55, 2002 - contract Community Development Vehicle Purchase a Resolution #57, 2002 - IGA Basalt Building Services All in favor, motion carried. RESOLUTION #60, 2002 8th and Hailam PedeStrian Improvements Councilman Paulson requested when this project is started that the bicyclists are taken care of, that there is access to the bridge by a slope or a ramp. Nick Adeh, city engineer, suggested Councilman Paulson stop in, look at the plans and make sure his concerns are addressed. Mayor Klanderud asked i. when this will start. Adeh said they will start with utility work on South Mill. Mayor Klanderud asked how citizens can find out about these 5 Regular Meeting Aspen City Cou .ncil July 8~ 2002 improvements. Adeh said there have been neighborhood meetings and he will contact the neighborhoods about the improvements. RESOLUTION #58, 2002 -COntract RFTA Buses Councilman Paulson asked if it is appropriate to buy another bus for Highlands. Randy Ready, assistant city manager, told Council it is an obligation of Hines/Highlands to purchase and to pay operating costs for an additional bus to Highlands in the winter season. This bus will run the regular route, except for the Castle Creek loop and will make all regular stops. Councilman Hershey moved to approve Resolutions #60 and 58; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE #24, SERIES OF 2002 - Innsbruck Lodge Preservation PUD Councilman Hershey moved to read Ordinance #24, Series of 2002; seconded by Councilman McCabe: All in favor, motion carried. ORDINANCE NO. 24 (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE INNSBRUCK INN MINOR PLANNED UNIT DEVELOPMENT, AND GMQS EXEMPTION FOR AFFORDABLE HOUSING FOR THE PROPERTY LOCATED AT 233 W. MAIN STREET, LOTS A-E, BLOCK 52, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Councilman Hershey moved to adopt Ordinance #24, Series of 2002, on first reading; seconded by Councilman McCabe. Roll call vote; Councilmembers Semrau, yes; Paulson, yes; Hershey, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #10, SERIES OF 2002 2 Junior Golf Subdivision, Rezoning, PUD Amendment Councilman Hershey moved to continue to July 22; seconded by Councilman Paulson. All in favor, motion carried. 6 Regular Meeting , Aspen City Council July 8, 2002 ORDINANCE #13, SERIES OF 2002 - Supplemental Appropriations Kathleen VonAchen, budget director, told Council this is the first supplemental appropriation ordinance of 2002 and contains 3 types of requests; technical corrections, new requests, and those previously approved by Council. Councilman Semrau asked if the $61,500 for the Obcrmeyer COWOP has already been spent. Steve Barwick, city manager, said the majority of this money has been spent for contract work, like the site survey and geotechnical work. Councilman Semrau asked if this is the total expenditure for Ohermeyer for now. Barwick said yes. Councilman McCabc asked what emergency worker is being housed at Truscott. Phil Overeynder, water department, said it would be someone from his department whose responsibility is to operate the hydroelectric plant. Mayor Klandemd noted thc crosstown shuttle expenditure should be $103,000 not $150,000. Mayor Klandemd asked about the request from recreation for $18,000 for an adventure race in Aspen. Tim Anderson, recreation director, said staff is WOrking to bring events to Aspen like this. Council asked if staff is hiring an outside event manager. Anderson said this will be done in house. Mayor Klanderud opened the public hearing. Toni Kronberg asked about the $50,000 for the civic center. Mayor Klanderud said this covers planning fees and public meetings. Ms. Kronberg said funding for the new ice rink was continued from an earlier Council meeting. MS. KrOnberg asked where the funding for this is. Mayor Klanderud said it will be done through a supplemental appropriation. Mayor Klanderud closed the public hearing. Councilman Paulson moved to adopt Ordinance #13, Series of 2002, on second reading, reducing the appropriation for the crosstown shuttle from $150,000 to $103,000; seconded by Councilman Hershey. Councilman McCabe thanked Kathleen VonAchen for all her work in sorting out the budget and appropriations. Roll call vote; Councilmembers McCabe, yes; Paulson, yes; Semrau, yes; Hershey, yes; Mayor Klanderud, yes. Motion carried. 7 Regular Meeting Aspen City Council July 8~ 2002 ORDINANCE #17, SERIES OF 2002 - Code Amendment GMQS James Lindt, community development department, told Council this removes the Pitkin County P&Z from the growth management commission for reviewing exemptions and gives this authority to the City P&Z. Lindt told Council the county P&Z was not in favor of reviewing exemptions from GMQS for city projects. This does not change anything else in the growth management system. Mayor Klandernd opened the public hearing. There were no comments. Mayor Klandemd closed the Public hearing. Councilman McCabe moved to adopt Ordinance #17, Series of 2002, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; Semrau, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #19, 2002 ' FROST PROPERTY ~ZONINGi ORDINANCE #20, 2002 2 FROST PROPERTY ALLEY VACATION John Worcester, city attorney, noted there are 3 items on the agenda that are inter-related. These are the request to rezone the property at 216 East Hallam, an ordinance to vacate the alley between the two parcels, and a resolution approving a license agreement for use of the alley between the Red Brick and the Frost property. Worcester said Council can hold one public hearing and indicate that the comments apply to all 3 actions. Councilmembers McCabe and Hershey stated they had brief conversations with the applicant but did not go into any detail on this project. Worcester said these ex parte communications do not seem to interfere with Council's decision and there is no reason for these Councilmembers to recuse themselves. Joyce Ohlson, community development department, showed a map of the vicinity including and the subject property and the Red Brick school. Ms. Ohlson pointed out the Frost property gains access from Hallam street; however, at one time it gained access from Francis street. Ms. Ohlson showed where the property is zoned R-6 and where a portion of the north part of the property is zoned S/C/I. Ordinance #19 would zone the entire 8 Regular Meeting Aspen Ci,ty Council July 8, 2002 parcel R-6. Ms. Ohlson told Council the historical records indicate this was developed as one single property. Ms. Ohlson showed the proposed alley to be vacated, which splits the property into two pieces. Ordinance #20 would vacate this alley and in vacations, 50% of the property goes to each parcel. This alley runs east and west. The third request is to usc the driveway/trail, Which has historically served the Frost property and to formalize this use through Resolution #59, a license agreement. The front lot is 6,000 square feet, the rear parcel is 3,888 square feet. Recently the Court issued a quiet title granting the entire barn parcel to be considered one property. This development is going through the process in front of HPC and P&Z. The site is designated historic and is in for restoration review. P&Z has reviewed and recommended approval of the zone change request. The second review in front of P&Z is a conditional review in a historic landmark in thc R-6 zone district. Conditional use criteria allow P&Z to look at traffic generations and compatibility with thc neighborhood. P&Z wanted to know if there is going to be access through the driveway/trail to access these two parcels. IfCotmcil does not approve use of the driveway/trail, it will change the site layout and the access. P&Z deferred their decision until after Council's action on the access. P&Z has the final review of the duplex on this site. Ms. Ohlson pointed out the original townsite line through this property, which is how the north segment was included in the Trueman center and zoned S/C/I. Ms. Ohlson recommended rezoning the rear portion to R-6, which would be a more appropriate zoning. Ms. Ohlson pointed out the alley to thc east and to the west of this property has been vacated leaving only the piece through the Frost property. Ms. Ohlson said Council must look at whether there arc any public needs for this alley before it is vacated. Ms. Ohlson noted there are no utilities located in this alley. Staff said if the city is going to allow joint use of the driveway/trail, some improvements should be made. The fire department and other emergency vehicles have used this driveway and should be able to traverse around the Red Brick on this access. Ms. Ohlson said conditions are in thc license agreement and the applicant will have to pave this driveway access to 14 foot width from Hallam to the back of the Red Brick. Regular Meeting Aspen City Council July 8, 2002 Ms. Ohlson pointed out conditions suggested for joint use of the right-of- way are that there be Ko physical encroachments, including landscaping in the 20 foot fight-of-way, no parking allowed, the applicants will put in 14 feet of paving with 3 foot wide gravel shoulders which will extend to the back of the Red Brick. The fight-of-way will be signed to minimize conflicts with bicycles and pedes~ans so the public trail has priority over the parking and driving needs of the residents of the Frost property. Drive through traffic will be discouraged. Council is not reviewing density, floor area ratios or setbacks; Council is reviewing rezoning, the alley vacation and the request to use city property. Camilla Auger, representing the applicant, said this is a high priority preservation project for the city. Ms. Auger said she intends to preserve the house as closely to its original state as possible. A duplex on the front lot will not increase the size or the FAR but will make it more likely that local residents could afford to live there. Ms. Auger told Council they plan on enhancing the trail and do landscaping in conjunction with the parks department. Ms. Auger said she has been negotiating with the owner of the back portion to gift that to the city which will make a pocket park on the north edge of this parcel. Ms. Auger noted the historic elements of the barn and the Frost house will be next to the trail to make it most visible. Ms. Auger stated they will preserve the lilac bushes somewhere on the property. Stan Clauson, representing the applicant, showed how Francis Street originally ran through the property where the Red Brick is currently located; The barn, which was used by this property, was located outside the city and outside their property. There are two separate parcels because of the alley. Clauson said the S/C/I zoning overlap from Clark's Market is not appropriate for west end residential. Clauson said the historic resources of the house and barn are deteriorating. Clauson pointed out the alley through the Frost property is the only remaining alley on this block. Clauson noted when the Red Brick was built, it cut off access from Francis street and the gravel driveway became the access. Clauson said the outside improvements will be done in conjunction with the parks department. Clauson said the letter to Council from an adjacent neighbor, Mr. Amato, had some inaccuracies. Clauson said this is not being restored by a development company but by a local, Camilla Auger. Clauson said the historic restorations are important to the owner. The applicant is requesting a duplex on the front lot. These are two separate lots and are looked at I0 RegUlar Meeting Aspen City Council July 8, 2002 individually under thc land use code. There are 4 bedrooms and 4 bathrooms proposed for the rear lot. Each side of the duplex on the front lot is proposed to have 3 bedrooms. Clauson said thc two parcels will contain 10 bedrooms and 10.5 bathrooms. Clauson pointed out thc letter states all the green spaces will be destroyed. Clauson said this is not truel Clauson said the area between the Red Bfick and the Frost property is not a trail; it is a driveway and is used as such. Clauson told Council the front lot do6s not need a variance in order to build a duplex. The si&yard setback is required to accomplish the historic preservation goal of having a separation between the historic building and the new construction. There is a request to waive one parking space in front of HPC; site design takes precedence over parking on a historic property. Clauson stated duplex is an allowed use in the R-6 zone, the key purpose of R-6 is for residential single family and duplex dwelling units. Clauson showed an overview of the mixed uses in this neighborhood and pointed out this neighborhood is not exclusively single family. Clauson said one provision of historic preservation guidelines is that there not be further curb cuts when other access exists. Scott Lindenau, architect, told Council there may be an ADU on the barn unit. This will be up to the applicants. ADUs are not a unit of density. One can provide housing mitigation by Cash'in-lieu or off site housing. Ms. Auger pointed out the new structure on the front lot will be set back 30 feet from the curb in order to not overwhelm the historic structure. Amy Guthrie, community development department, told Council staff has been pursuing the previous owners of this property to take care of it as staff feels the barn is in near state of collapse. Councilman Semrau asked if there are any plans for the city to improve the fight-of-way. Steve Barwick, city manager, said there are none. Councilman Paulson said there may be a snow falling problem from the roof of the Red Brick into the fight of way. Ms. Auger said a lot of attention has been paid to both the snow falling problem and fire access, Ms. Auger said a trellis was suggested, which would look nice but not stick into the right-of- way. Ms. Auger said they will do the upkeep on the trellis and landscaping. The maintenance of the right-of-way will still be the responsibility of the city. Barwick said this gravel area is very easy to maintain. If it is asphalt, there are more potential drainage problems, more potential accidents. Ms. Auger said they would prefer not to pave this right-of-Way; however, if the 11 Regular Meeting Aspen City Council July 8, 2002 city wants it paved, they will agree to it. Ms. Auger said maintenance will not be a problem. MayOr Klanderud opened the public hearing. Hal Dishler, representing the Amatos, said his clients feel historic preservation is an important goal and it should be facilitated. The Amatos are concerned about this project and how it affects the neighborhood. Dishler said the Amatos are concerned about the driveway being used to service 3 or 4 dwellings. Dishler said the applicants are using public lands to create access that they do not have to put on their own property. Dishler said the issue before Council is use of public property to benefit a particular for profit development project. This allOws for additional development. Dishler said his clients would not oppose a driveway between these two properties. Dishler argued there is no public benefit in giving up use of this land. Dishler said this project will exacerbate the parking problem in this area. Bill Seguin, across the street property owner, said a stone walkway would be more charming than paving this driveway. Seguin said Council seems to have already made up their mind about this project. Helen Palmer said she was a friend of Mona Frost for decades and worked hard on this garden. Ms. Palmer said she does not want to see Ms. Frost's house turn into a historic structure with a large addition on the back. Ms. Palmer said she would like to see the spirit of this hOuSe retained. Ms. Palmer said this proposal is a chance to save the house, the barn and the lilacs. Denise Diers read a letter from the Suttons into the record. The neighbors were promised at neighborhood meeting that there would be no extra parking or use of the street for the Red Brick. Ms. Diers said there are city vehicles parked on the street at night and on weekends. Ms. Diers said people should not have to be worried about traffic when using this driveway/trail. Ms. Diers said She favors ADUs. Many properties in the west end were redeveloped without putting a duplex on site. Toni Kronberg said this trail is an integral part of the pedestrian links throughout town. Ms. Kronberg Said this link should be preserved. Scott Lindenau pointed out there is a 72 foot spruce tree on the east edge of the site that would preclude putting a driveway between this property and the adjacent property. Suzannah Reid, HPC Chair, reminded Council there are 12 Regular Meeting Aspen City Council July 8, 2002 numerous goals being achieved by this project. One is the redevelopment and re-use of two historic buildings. The garages are located at thc rear of the site. This plan eliminates a curb cut to the site. Also the design has separation between new construction and historic construction. Bill Stirling agreed the driveway should be kept dirt, unless the parks department wants it paved. Stirling said these applicants understand the goals of historic preservation and keeping the character and value of the town the way it is. Stirling said this plan would use 100% of the original house and not put a second story on this historic house. Stirling said he feels this proposal is the highest and best use for this property as well as for the community. The applicants are proposing to use the exact footprint of the barn. The only new structure is the new part of the duplex on the east of the historic struCture: Seguin asked if the city should be compensated for selling this land. Worcester answered the city is not selling the land and is not changing the current use of that land. Chris LacrOix, attorney for the applicant, said there is no disagreement that this driveway has been used as the sole access to the Frost property for over 50 years. Stirling noted the most intense use for this driveway was when the Red Brick was a school. Mayor Klandemd closed the Public hearing. Councilman Hershey asked what the developments rights are on this property. Ms. Ohlson said the applicant can build a structure of the same dimensions as shown. It would have to be a single-family residence unless P&Z grants a conditional use. If the joint use of the driveway were not approved, the applicants would have to have another cUrb cut and a driveway on property. Councilman McCabe said allowing access offthe driveway was probably a fairness exchange for taking away the access from the rear of the property. Ms. Auger said if this historic access is denied to the applicants, the property will not be developable. Councilman Hershey moved to adopt Ordinance # 19, Series of 2002, on second reading; seconded by Councilman McCabe. Roll call vote; Councilmembers Paulson, yes; Semrau, yes; McCabe, yes; Hershey, yes; Mayor Klanderud, yes. Motion carried. Regular Meeting Aspen Ci,ty Council July 8, 2002 Councilman McCabe moved to adopt Ordinance #20, Series of 2002, on second reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Semrau, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #59, SERIES OF 2002 - License Agreement for Use of Public Property - Driveway/Trail East Hallam Steve ]~arwick, city manager, said he would like to see some conditions on this agreement. One is that the applicants will remove snow and plow it to the east not t~p against the Red Brick building. The second condition would be that the licensee keep this area in good repair at their own expense. Councilman Paulson said he would like to see this kept gravel rather than paving it. Barwick said the fire department requested this be paved and that they need a 20 foot width. Mayor Klanderud agreed she would rather not have this paved. Stan Clanson, representing the applicants, told Council they will work with staff to come up with whatever Council wants on this driveway/trail access. Councilman Semrau asked if what the applicant wants is a 1 O-foot driveway. Camilla Auger, applicant, told Council they would prefer a narrower driveway; however, they are trying to accommodate the fire department request. Joyce Ohlson, community development department, told Council the parks department requested a paved driveway to accommodate strollers, bicycles, etc. The fire department did not request a paved surface but did request a 20-foot wide accessible area. Councilman Semrau suggested a 10- foot wide hard surface with gravel shoulders. Councilman Paulson said he would like to see a historic plaque in front of this house when completed. Councilman Hershey moved to approve Resolution #59, Series of 2002, with the additions of conditions the applicant take care of snow removal and snow storage; the right-of-way not be paved and only be 10 feet; Si#huge with parks department approval making it clear this is a public maintenance of the right-of-way be the applicant's responsibility; and that the historic house have a plaque in ~ront of it; seconded by Councilman McCabe. All in favor, motion carried. 14 Regular Meeting Aspen Ci.ty Council, July 8, 2002 ORDINANCE #21~ SERIES OF 2002 - Code Amendment - Fractional Ownership Councilman Hershey moved to continue Ordinance #21, Series of 2002, to July 22; seconded by Councilman McCabe. All in favor, motion carried. REPORT ON CITIZEN PETITIONS - Entrance to ASpen City Clerk Kathryn Koch told Council the protest hearing was held July l, 2002. The hearing officer found 802 valid city registered signatures; the requirement for initiative petitions is 797 city registered signatures. Ms. Koch stated these petitions are sufficient and staff will present the petitioner's ordinance to Council for first reading at the July 22 meeting. Councilman Hershey moved to suspend the rules and extend the meeting to 9:47 p.m.; seconded by Councilman McCabe. All in favor, motion carried. REQUEST FOR FUNDS - Moving Historic Cabins to Cozy Point Amy Guthrie, community development department, reminded Council an agreement was entered into with Charles Tower to relocate cabins from his property on South Cleveland to Cozy Point. As part of this agreement, Tower was to pay $15,000 toward these relocation costs. This amount will not cover the costs to move the cabins and get them usable. Ms. Guthrie said staff has received estimates of $34,500 for this project. The city is responsible for everything above $15,000, which would leave $19,500. Ms. Guthrie said this can come out of the parks department 1/2-cent open space fund or the general fund. Councilman McCabe asked if these buildings will be useful. Jeff Woods, parks director, said they will be useful for storage. The only approved use through the county is for storage. The county may not approve housing on this property. Councilman Hershey said he would like the cabins demolished. This would save the city money and it does not seem like these are an urgent need of Cozy Point or the parks department, Julie Ann Woods, community development department, said these can be converted to housing in the future. Ms. Woods noted that the county would like to see a master plan for Cozy Point before they approve any housing. Councilman Hershey said it costs a lot of money to move the cabins and prepare the site, the neighbors do not want these cabins, the county gave 15 Regular Meeting Aspen City Council July 8, 2002 reluctant permission. Councilman Semrau pointed out the city asks developers to do a lot to preserve anything historic in town and it would be a bad example to not carry through with this. Councilman Semrau moved to approve an expenditure of $19,500 toward moving these cabins; seconded by Councilman Paulson. Roll call vote; Councilmembers McCabe, yes; Semrau, yes; Hershey, no; Paulson, yes; Mayor Klanderud, yes. Motion carried, RESOLUTION #56, SERIES OF 2002 - Red Mountain Water System Contract Phil Overeynder, water department, told Council this contract is to replace the water system on Red Mountain. This will eliminate a water storage system and a line that malfunctions annually at significant cost to the water fund. Overeynder told Council this money was appropriated in the AMP in 1998/1999. The project was put aside to focus on higher priorities. These monies went back into the water fund and were not appropriated. Overeynder told Council Red Mountain has water improvements up to 40 years old. Staff costed upgrading these water systems and assessed a higher rate for water taps on Red Mountain to go toward these improvements. Overeynder said over the last 5 years, the city has collected $675,000 in tap fees from Red Mountain in part to pay for these improvements. Overeynder said the water department has been spending $20,000 annually to repair the water line on Red Mountain. Staff recommended awarding the contract to Aspen Earthmoving for a total project cost of $685,000. The water department will need to take $493,000 from previously approved funds toward this project. Councilman McCabe moved to approve Resolution #56, Series of 2002; seconded by Councilman Semrau. All in favor, motion carried. Councilman Hershey moved to go into executive session for the purpose of discussing acquisition of land, pursuant to C.R.S. 24-6-204(4)(a) at 9:15 p.m.; seconded by Councilman Semrau. All in favor, motion carded. Councilman Paulson moved to come out of executive session at 9:47 p.m.; i seconded by Councilman McCabe. All in favor, motion carried. 16 ReRular Meeting Aspen City Council July 8, 2002 Councilman Hershey moved to adjourn at 9:47 p.m.; seconded by Councilman McCabe. All in favor, motion carried. K~hryn S. ~Koch, City Clerk 17