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HomeMy WebLinkAboutminutes.council.19980526Asoen City Council Regular Meetin~ May 26, 1998 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Markalunas, Vickery and Richards present. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Mayor Bennett thanked Senators Wayne Allard and Ben Nighthorse Campbell, and Representative Scott McGinnis for all the work they did to support the fitnding for the Roaring Fork Valley rail project. Councilwoman Richards thanked John Bennett for his work and leadership on this project. 2. Councilman Markalunas said out of 200 projects applying for federal fitnding Aspen was one of the top 50 and had the most money attthorized for the state of Colorado. Councilman Markalunas said people will only remember this if the community carries forward with the project. Aspen has the opportunity to set a fitture course of events for the entire Roaring Fork valley. 3. Steve Barwick, assistant city manager, told Council the Pitkin County Commissioners would like to change the date of the water meeting and have proposed July 7 or 21 at noon. Council agreed with July 7 at noon. CONSENT CALENDAR Councilwoman Richards pulled Ordinances # 16 and 17 from the consent calendar. Councilwoman Richards moved to read Ordinances # 15 and 18, Series of 1998; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE # 15 Series of 1998 AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 240 LAKE AVENUE (LEGALLY DESCRIBED AS "AMENDED LOT 15, FIRST AMENDMENT TO THE WOGAN LOT SPLIT AS SHOWN ON THE PLAT RECORDED DECEMBER 14, 1989 IN PLAT BOOK 23 AT PAGE 69, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO") AS AN HISTORIC Asoen City Council Regular Meetin~ May 26, 1998 LANDMARK PURSUANT TO SECTION 26.76.030 OF THE ASPEN MUNICIPAL CODE ORDINANCE # 18 Series of 1998 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING, CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT APPROVAL, SUBDIVISION, AND EXEMPTION FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES FOR AFFORDABLE HOUSING AND FREE-MARKET-AH ASSOCIATED, APPROVAL OF THE METHOD IN WHICH AFFORDABLE HOUSING IS TO BE PROVIDED, VESTED PROPERTY RIGHTS, PARTIAL WAIVER OF PARK LAND DEDICATION FEES, AND WAVIER OF LAND USE APPLICATION FEE FOR THE ALPINE COTTAGES, 1240 EAST COOPER AVE., CITY OF ASPEN, PITKIN COUNTY, COLORADO were read by the city clerk Councilman Markalunas moved to adopt the consent calendar as amended; seconded by Councilman Vickery. The consent calendar is: · Ordinance # 15, 1998 - Historic Designation 240 Lake Avenue · Ordinance #18, 1998 - Alpine Cottages, Subdivision, PUD, Re-zoning · Kids First Board Appointments - Mindy Coates, Jackie Francis Tyler, Stacey Mclntyre, Johanna Ristine, Dawn Ryan · Resolution #43, 1998 - Supplemental Transit Sales & Use Tax Budget · Red Brick Improvements All in favor, motion carried. ORDINANCE # 16, 1998 - 114 Neale Avenue Historic Designation Lot Split Councilman Vickery left the room due to a conflict of interest. Councilman Markalunas moved to read Ordinance #16, Series of 1998; seconded by Councilwoman Richards. All in favor, motion carried. 2 Asoen City Council Regular Meetin~ May 26, 1998 ORDINANCE # 16 Series of 1998 AN ORDINANCE OF THE ASPEN CITY COUNTY GRANTING A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 114 NEALE AVENUE/17 QUEEN STREET (PARCEL 1, OF THE BOUNDARY AGREEMENT PLAT THEREOF RECORDED IN PLAT BOOK 13 AT PAGE 35, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO) ASPEN, COLORADO, AND DECLARING AN EMERGENCY IN ACCORDANCE WITH SECTION 4.11 OF THE ASPEN CITY CHARTER was read by the city clerk Mitch Haas, community development department, told Council this property was designated as historic and was approved by HPC for a lot split. An applicant is given 180 days to record a plat or the approvals expire. This approval expired, and when the applicant came in, staff realized that lot split approval can only be given by Council, not HPC. Since the applicant was mislead by staff and thought they had approvals, this ordinance is being treated as an emergency ordinance. Councilwoman Richards moved to adopt Ordinance #16, Series of 1998, on first reading as an emergency ordinance; seconded by Councilman Paulson. Roll call vote; Councilmembers Markalunas, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #17, 1998 - 123 W. Francis Historic Designation Lot Split Councilwoman Richards moved to read Ordinance #17, Series of 1998; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE # 17 Series of 1998 AN ORDINANCE OF THE ASPEN CITY COUNTY GRANTING A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 123 WEST FRANCIS STREET was read by the city clerk 3 Asoen City Council Regular Meetin~ May 26, 1998 Mitch Haas, community development department, told Council this is also a landmark lot split approved by HPC and never recorded. This is a 10,500 square foot parcel which will be split into two 5250 square foot parcels. The allowable FAR for a duplex will be split between the two lots. This will conform with the dimensional requirements of the zone district. Councilwoman Richards moved to adopt Ordinance #17, Series of 1998, on first read; seconded by Councilman Paulson. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #6, SERIES OF 1998 - Tippler Townhomes GMQS Exemption, Subdivision and Vested Rights Mitch Haas, community development department, reminded Council at the first public hearing some issues came up and Council continued this item in order to have staff do some research. Haas said the first issue was why is this going through subdivision review. Haas told Council the land use code defines any multi-family development as a subdivision and subject to subdivision review. The second issue is whether this development involves the maintenance of any non-conformity. Haas said it does not. The new proposal complies with all dimensional requirements, setbacks, open space, height. The existing building is non-conforming. It could be demolished and rebuilt within 12 months with the same non-conformities. The last issues is whether the required setbacks can also count towards open space. Haas said yes; this is consistent as it has been applied with open space requirements. Areas within required setbacks can be counted as open space provided they meet other parts of the definition, like being visible from public views. Haas said the proposed open space exceeds the 25 percent requirement. Sunny Vann, representing the applicant, reminded Council this project is 4 free market units and 4 deed restricted units, 2 one-bedroom, category 2 and 2 two- bedroom, low category 3. This project meets all dimensional requirements of the LTR zone; it is beneath the allowable density and the floor area is within the maximum allowed. The parking exceeds the minimum requirement and most of the parking is sub-grade. Vann said this site is too small for lodge and single family duplex is not permitted on this site. Vann said the project has the support of almost all the adjacent property owners. The project successfidly competed in the growth management process and received an allocation for 4 units. The project received special review approval from P & Z for the parking. The affordable units exceed 4 Asoen City Council Regular Meetin~ May 26, 1998 the minimum required size, are in the preferred income category and are located above grade. This project also complies with the recommendation of the AACP. Vann said there has been an objection to the project by an adjacent neighbor at the Little Tipple Inn whose view is adversely affected by this project. A recently installed window is the view that will be affected. The applicant has voluntarily redesigned that portion of the project and has reduced the height of the roof in that area to 20 feet. Vann said there were questions about the various heights on the project. The old height requirements in the city were 28 feet to the midpoint of a pitched roof with an additional 5 feet to the ridge of the roof. The city amended height regulations to provide flexibility with varying pitches of roof in order to increase the diversity of roof heights. The change in the height regulations have allowed two of the buildings to be 37 feet rather than 33 feet in exchange for the pitch of the roof. The other roof heights range from 20 feet, 28 feet, 30 feet in order to break up one building into multiple structures so that it will not appear monolithic. There are no requests for variances from the height regulations. Vann presented photographs of the area as it exists and the adjacent buildings. Councilman Vickery asked what method was used to calculate number of employees generated. Vann said in 1993 the city adopted the Aspen Area Community Plan. There was a growth management process which required a minimum of 35 percent affordable housing in connection with a residential growth management application. The AACP has no guidelines to calculate affordable housing or how much must be provided for residential applications. The AACP does discuss housing 60 percent of the work force up valley. The AACP also contains a statement that the residential growth management standards be revised to 60 percent. Vann said the residential growth management process for the city was adopted in 1995 which came up with 4 categories for scoring; affordable housing is referred to as "sustaining the permanent community" and left to the discretion of P & Z to determine the housing score. In 1996, staff and Council discussed amending GMP process and one item of discussion was 60 percent requirement of affordable housing. Neither the city nor the county amended the GMP or land use code to require this 60 percent. Vann told Council the applicants discussed this issue several times with staff and proposed a project which was 50/50 on units. The housing office used their formula and calculated this at 67 percent based on affordable housing population compared to the flee market population of the project. Vann pointed out there are more employees generated by the existing business, the Asoen City Council Regular Meetin~ May 26, 1998 Tippler nightclub and restaurant, than the proposed residential development. Councilwoman Richards suggested affordable housing units be counted as one person per bedroom for subdivision counting purposes. Mayor Bennett opened the public hearing. Tim Whitsitt, representing Gary Jacobs adjacent neighbor, said his client' s views will be affected. Whitsitt said his issues have not been addressed by the applicant or staff. Whitsitt reiterated one issue is open space and at least 25 percent of the lot frontage be open. Whitsitt said the city has a setback ordinance stating that nothing can be built in 10 feet of the property line. There is an additional ordinance requiring 25 percent of the lot frontage in open space. The setback should not be used as open space on the frontage. Whitsitt said another issue is this is a lot merger and that has not been addressed in the staff report. Whitsitt said abandoning the lot line means the neighbors are losing the benefit of the lot line and the lot setbacks. Two lots would break up a structure on that site. Whitsitt said the last issue is the requirement for 1,000 square feet per bedroom on this site of less than 18,000 square feet and 18 bedrooms. Whitsitt said he feels this is one bedroom too many. Whitsitt said his client feels redevelopment is appropriate; employee housing is a good aspect of the plan. Jessie Boyce, Tipple #10, told Council he met with the applicant who has addressed his concerns. Boyce said they now enthusiastically support the project. Doug Niehaus, property manager, told Council all his homeowners are in favor of the project. Joe Raczak, North of Nell, told Council his association supports this project. Mayor Bennett closed the public hearing. Haas told Council open space and setbacks are in one ordinance and the fact that two standards support each other does not eliminate one. Haas said 25 percent can and always has included the setbacks. This is no different than site coverage requirement, which can include setbacks as not being covered by the building. Haas said the merger issue is discussed in the addendum; the subdivision can keep the lot line and put lots over it. This is not a conflict in terms of the subdivision application but is part of the application. The density requirement in the LTR zone district is not as clear cut as 1,000 square feet per bedroom. It depends on amount of bedrooms how many square feet of lot area one needs. According to the LTR 6 Asoen City Council Regular Meetin~ May 26, 1998 zone district, this applicant is under the maximum density. Vann pointed om for units of less than 4,000 square feet, there is a sliding scale for each size of units. If 50 percent of the project has deed restricted units, there is a reduction in the minimum lot area requirement to encourage the provision of affordable housing on site. Worcester requested the exhibits be identified for the record. Vann said the drawings are all part of the original application; the sketch from Dean street has been given to the clerk, the 12 by 24 photograph shows the existing conditions; there are snapshots showing the surrounding conditions. Councilwoman Richards asked abom the mineral rights under the Tipple. Worcester told Council the owner of the surface rights also has rights and this would be a matter between the two parties, not the city. Almost all title policies contain an exception for mineral rights. Councilwoman Richards moved to adopt Ordinance #6, Series of 1998, on second reading; seconded by Councilman Markalunas. Mayor Bennett said he was originally concerned about the amount of employee housing. This is something the city needs to correct in the land use code. Mayor Bennett said he was also concerned about the roof height; however, almost every neighbor supports the project and the roof height is within the city' s code. Vann requested clarification to condition #2, the permissible hours of construction;. Vann told Council the applicants represented to the neighbors to flirther limit the hours of construction to 6 p.m. rather than 10 p.m. which is allowable by city code. Council agreed. In condition #7, there was a question whether there was separate water lines serving the Tipple Inn and the Tippler. The initial requirement was to bring the new line up to code as well as replace the line for the existing condominiums. Vann said this is not necessary and requested Council insert, "Water service lines and sanitary sewer lines shall be improved to present day standards to the existing structures, in the event required, and the newly constructed building". Councilwoman Richards moved to amend the motion to include the changes in conditions 2 and 7; seconded by Councilman Markalunas. Roll call vote; Councilmembers Paulson, yes; Vickery, yes; Markalunas, yes; Richards, yes; Mayor Bennett, yes. Motion carried 7 Asoen City Council Regular Meetin~ May 26, 1998 ORDINANCE #10, SERIES OF 1998 - Aspen Consolidated Sanitation District SPA Amendment Chris Bendon, community development department, told Council the applicant, Aspen Consolidated Sanitation District, is requesting 8100 square feet addition to their existing building on North Mill street. This has gone through P & Z review and growth management, both recommend approval. This is a two story addition of 450 square feet for a maintenance, 700 square feet for mechanical and storage area, 300 square feet for an office building, 770 square foot break room and 1440 square feet for a 3 bedroom employee apartment. Bendon presented a site plan showing the existing facility of 5600 square feet and the proposed expansion. Bendon told Council the addition will be in the same character as the existing building. Bendon told Council this facility qualifies as an essential public facility and is eligible for an exemption from the growth management quota system. Bendon noted the housing office would like this unit deed restricted category 3 with the understanding the income and asset limitations will not apply if the occupant is an employee of the Sanitation District. Bendon reminded Council one issue from first reading is concern of appearance of the facility. The architect will present a rendering of the building. Bendon said he discussed this with ACES and their concern is with the riparian vegetation along the bike path and the river. The applicant will work with the parks department to supply more riparian habitat in these areas. Bendon said there is a separate condition to address this riparian vegetation. Council also brought up concerns with the odor problems. The Sanitation District is sealing manhole covers and looking at improvements for a greater air seal. Council also brought up using this site for more affordable housing. Bendon pointed out a legal opinion on the state statutes regarding housing owned by a district. The attorney general said a District may do housing with restrictions, that the housing be available to employees of the District and not rented. Bendon said that there is an extensive below ground infrastructure which constrains the site more than it would appear. The Sanitation District would like to keep some land available for fitture housing possibilities. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Asoen City Council Regular Meetin~ May 26, 1998 Councilman Markalunas said he thought the Sanitation District parcel was 5 acres. Tom Bracewell, Sanitation District, noted that the site and county own pieces on each side of the ACSD. Councilwoman Richards asked if the Sanitation District is planning on adding employees to handle the new large projects that have been approved like Highlands, Moore, etc. Bracewell said the main point of this expansion is to house and cover their equipment and to give the existing employees more space. Bracewell said they have tried to landscape to make this area good looking. Warren, the architect, showed a sketch of the addition, a sketch from the trail looking to the existing building and photos from the perimeter of the property. Councilman Vickery asked how high the building will be. Bracewell said the new construction is 20'6"; the old maintenance building is 19 feet. The additional height is for the affordable unit. Councilwoman Richards moved to adopt Ordinance #10, Series of 1998, with the addition of condition #25, "Prior to issuance of a certificate of occupancy, the applicant shall provide a reasonable amount of additional riparian vegetation along the north side of the property (along the river) to the approval of the parks department, with the condition suggested by the housing office that the unit be deed restricted to category 3 unless an employee of the Sanitation District who salary exceeds that is actually living there; seconded by Councilman Paulson. Councilwoman Richards said she hopes the building material will fit the neighborhood. Bracewell said condition # 19, joining improvement district, may not be appropriate. Bracewell said the Sanitation District cannot get taxed and suggested "to the extent permitted by law" be added to the condition. Councilwoman Richards amended her motion to add "to the extent permitted by law" to condition # 19; seconded by Councilman Paulson. Roll call vote; Councilmembers Vickery, yes; Markalunas, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #8, SERIES OF 1998 -Aspen Mountain Section M Amendment Stan Clauson, community development director, recommended adoption of this ordinance which is a new time table to allow Savanah Limited Partnership to pursue design approvals for lots 3 and 5. At the public hearing, Concerned Citizens for 9 Asoen City Council Regular Meetin~ May 26, 1998 Affordable Housing presented issues and requested continuance. The ordinance was continued for staff to research the issues brought up by citizens. Clauson said staff believes the Bavarian Inn site should be the subject of a land use application for suitable development and this should move forward on a time table for lots 3 and 5. This site was promised to the public and should be addressed. Clauson proposed the applications for lots 3 (Top of Mill) and 5 (hotel phase II) and Bavarian Inn be submitted by September 15, 1998. The building permit issuance for Top of Mill and Hotel phase II should be changed to April 1, 2000. Clauson said if lot 3 contains affordable housing mitigation, staff would like to see that built within a certain specific time limit. The certificate of occupancy requirements for all required affordable housing and acceptance of public infrastructure for lot 3 is October 1, 2001 and for lot 5 is November 1, 2002. Clauson noted the inclusion of a whereas, "Whereas Savanah has agreed to submit a land use application for lots 3 and 5 and for the Bavarian Inn site, by September 15, 1998", which sets up the expectation that Savanah will provide these applications in a timely way. Clauson said staff feels that any flirther affordable housing issues can be resolved as part of the application and review process. Clauson said the attdit at the Ritz was performed in the spirit of the requirement but was not done by a CPA. The housing office has agreed to provide a new attdit by a CPA in order to meet that requirement. John Worcester, city attorney, pointed out the PUD agreement between the city and Savanah was approved by the city electorate. There were two questions on the ballot, one presented by the developer and one presented by the city. The developer' s proposal won. This sets forth the housing mitigation requirements and how the figure was arrived at. The agreement arrived at 161.5 employees and the developers agreed to mitigate for 198.5 employees. Worcester said this is not debatable as it was voted on. The PUD agreement also states how the 198.5 units will be provided and sets forth the number of credits each project received. Worcester said during the PUD discussions with the developer, all parties realized that these credits may not provide housing for 198.5 people; the Copper Horse could not house 43 employees. Worcester said because the Ritz had not been built, no one could know how many employees would actually be generated and the PUD agreement provided for an attdit of actual employees. Worcester said the issue is if the attdit shows that the Ritz generates more employees than the attdit shows, what can be done. Worcester concluded there is not a lot the city can do since Savanah 10 Asoen City Council Regular Meetin~ May 26, 1998 provided all documents needed for the attdit. The housing office has hired an attditor to review the work done to make sure it is correct. Worcester noted when the Ritz was sold, there were statements that were up to 476 fidl time employees, which does not agree with the attdit numbers. Worcester said the city could require the current owners of the Copper Horse to house 43 people in this building. The housing office has not enforced this because there is not enough room. Worcester said the Bavarian Inn proposal was part of the ballot language that if the voters approved the developer' s ballot language, in addition to provide all housing mitigation required by the PUD agreement, they would submit a land use application for the redevelopment of the Bavarian Inn. Worcester concluded this language requires the developer to provide a development application and actually construct affordable housing units at the Bavarian Inn in addition to the other housing mitigation requirements for lots 3 and 5. Worcester said concerned citizens have argued that the developer should be required to submit a proposal at this point; however, Worcester said he does not find any language to tie the Bavarian Inn proposal to any phase of the entire PUD agreement. Worcester said it is clear what was intended as part of the entire PUD proposal, the developers would in addition do the Bavarian Inn proposal. Worcester told Council they should decide that "in good faith" requires the developers to present an application since all components of the project are coming to the city. Worcester noted there are some employees that need to be housed after the Grand Aspen is demolished. This should be dealt with as part of the application for lots 3 and 5. Worcester said he does not feel the applicants can use the redevelopment of the Bavarian Inn to mitigate for any housing required for lots 3 and 5. Worcester said the issue before Council is a Section M amendment, which is the ability of the developer to seek an extension of the times required to complete different components of the project. Worcester pointed out this section states, "the parties expressly acknowledge and agree that the City Council shall not unreasonably refitse to extend the time period for performance in one or more of the construction schedules, if owner demonstrates by preponderance of the evidence that the reasons for the delay to necessitate such extension are beyond the control of the owner despite good faith efforts on its part to perform in a timely manner". Worcester noted Council does not have complete discretion in granting or not 11 Asoen City Council Regular Meetin~ May 26, 1998 granting these extensions. Worcester reminded Council the city requested the developers postpone the demolition of the Grand Aspen. Worcester said the city is not waiving any rights with regard to the PUD agreement and the developers obligations by granting these extensions. Worcester recommended changes in the ordinance; page 2 after Application to be submitted for Top of Mill, Hotel Phase II and Bavarian Inn should be added "consistent with the 1990 ballot language and representations made by the applicants at the time of the election". To be added after Building permit issuance, add "for all required affordable housing project and the Bavarian Inn" and after certificate of occupancy for all required affordable housing add "including the redevelopment of the Bavarian Inn". This language would clarify that the certificate of occupancies are tied to the Bavarian Inn and not just to affordable housing required on lot 3. John Sarpa, representing Savanah Limited Partnership, said the applicants hope to have work sessions with Council and P & Z as September 15 for a submission date is very ambitious. Sarpa said the applicants are comfortable with a submission date for the Bavarian Inn. Mayor Bennett opened the public hearing. Richard Roth said Concerned Citizens for Affordable Housing feel that any extension of Section M should be tied to an application for the Bavarian Inn. Roth said filing for building permits and being issued a CO by dates certain and if those dates are not met, the Section M extensions become null and void. Roth said construction for the Bavarian Inn should be secured by a lien given to the city on the project. Roth said if Savanah wants to be a good neighbor, they will address the shortage or 25 to 28 units so there will be 198.5 people housed. Mayor Bennett closed the public hearing. Worcester told Council the purpose of the first amendment is that Savanah's application should look like what was promised in the 1990 ballot. The change to the building permit section is self explanatory. The change to certificate of occupancy to "including redevelopment of the Bavarian Inn and acceptance of public infrastructure Top of Mill". Worcester said this is to tie the Bavarian Inn to the certificate of occupancy. 12 Asoen City Council Regular Meetin~ May 26, 1998 Councilwoman Richards moved to adopt Ordinance #10, Series of 1998, on second reading with the following changes to the date section: (1) application to be submitted for the Top of Mill, lot 3, Hotel Phase II, lot 5, and Bavarian Inn consistent with the 1990 ballot language and consistent with the representations made during the election; (2) building permit issuance for all required affordable housing including the Bavarian Inn; and (3) certificate of occupancy for all required affordable housing including the redevelopment of the Bavarian Inn and acceptable of public infrastructure Top of Mill, Lot 3; seconded by Councilman Markalunas. Councilman Vickery asked if the Bavarian Inn is required affordable housing or is an addition. Worcester said the housing at the Bavarian Inn is a condition of approval; it was voted on. Councilman Vickery asked if Savanah agrees that the Bavarian Inn is not to be used to mitigate the housing requirements for lots 3 and 5. Sarpa said they do not agree with that position and will address this during the land use submittals. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; Richards, yes; Vickery, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #12, SERIES OF 1998 - Aspen Highlands Raw Water Agreement Amendment John Worcester, city attorney, told Council the city required Aspen Highlands enter into a raw water agreement. This is an amendment to that agreement because the system has changed for the better since 1997. This plan will save money for all parties and will eliminate a pump station. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #12, Series of 1998, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Vickery, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #42, SERIES OF 1998 - Ballot Question 13 Asoen City Council Regular Meetin~ May 26, 1998 John Worcester, city attorney, pointed out there will be two ballot questions on the special election June 30, 1998; one is the 5 year extension of the Holy Cross franchise and the other is permission to sell a portion of city-owned Burlingame property to the MAA. Council amended question (1) to read: Shall the City of Aspen be attthorized to sell approximately 3.0 acres of the approximately 222 acre Burlingame Ranch to Music Associates of Aspen or other non-profit organization for the development of a public/private affordable housing project, including, but not limited to, music students in the summer and season employees in the winter. Councilman Markalunas moved to adopt Resolmion #42, Series of 1998, as amended; seconded by Councilwoman Richards. All in favor, motion carried. CAPITAL IMPROVEMENTS YELLOW BRICK Tim Anderson, recreation director, told Council a citizen task force has been working on a business plan for the Yellow Brick building. Task force members include neighbors, child care providers and staff. The four areas the task force has looked at are the first floor, radon removal, basement and park/playground facilities. The request before Council is $218,000 out of the housing/day care fitnd for the first floor. Anderson told Council the window replacement at $100,000 is more than anticipated because the entire windows have to be replaced. Other first floor improvements are lighting replacement, painting, carpet and ceiling for the common areas, a locking system for the building, signs and sinks. Anderson said the next priority is the radon issue for health and safety reasons. Staff is working on costs. The task force recommends that half of the playground areas be sodded for a play area and will be getting conceptual sketches for this. Anderson said some of this work could be paid for out of sixth penny fitnds to create a park and open space in this area. Councilman Markalunas said any lighting should be energy efficient and should not be on during the day or when the facility is not in use. Councilwoman Richards moved to allocate up to $218,000 from the housing/day care fitnd for improvements to the first floor of the Yellow brick building listed in the May 15, 1998 memorandum; seconded by Councilman Paulson. 14 Asoen City Council Regular Meetin~ May 26, 1998 Mayor Bennett said this is a lot of money being pm into the Yellow Brick school when the city has already spent over $300,000 for improvements. Mayor Bennett said he would prefer day care fitnds being spent for day care. All in favor, motion carried. RESOLUTION #43, SERIES OF 1998 - Supplemental Transit Sales & Use Tax Budget Council suggested a new #4 "A specific condition of this approval is that RFRHA shall use its best efforts to ensure that the City of Aspen, Pitkin County and the Town of Snowmass Village are fidly informed and apprised of all data, information, and developments in the CIS process". Councilwoman Richards moved to add #4 to Resolmion #43, Series of 1998; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to adopt Resolution #43, Series of 1998, as amended; seconded by Councilman Paulson. All in favor, motion carried. Councilman Markalunas moved to go into executive session for the purpose of discussion sale of property, advise from counsel and personnel issues; seconded by Councilman Paulson. All in favor, motion carried. Council went into executive session at 8:55 p.m. Councilman Vickery moved to suspend the roles and extend the meeting to 9:20 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilman Markalunas moved to come out of executive session at 9:20 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Markalunas moved to adjourn at 9:20 p.m.; seconded by Mayor Bennett. All in favor, motion carried. Kathryn S. Koch, City Clerk 15 Asoen City Council Regular Meetin~ May 26, 1998 CITIZEN CON4N4ENTS ..........................................................................................1 COUNCILMEMBER CON4N4ENTS .......................................................................1 CONSENT CALENDAR ........................................................................................1 Ordinance # 15, 1998 - Historic Designation 240 Lake Avenue ...........................2 Ordinance #18, 1998 - Alpine Cottages, Subdivision, PUD, Re-zoning ...............2 Kids First Board Appointments - Mindy Coates, Jackie Francis Tyler, Stacey Mclntyre, Johanna Ristine, Dawn Ryan ...............................................................2 Resolution #43, 1998 - Supplemental Transit Sales & Use Tax Budget ................2 Red Brick Improvements .....................................................................................2 All in favor, motion carried ..................................................................................2 ORDINANCE # 16, 1998 - 114 Neale Avenue Historic Designation Lot Split ........2 ORDINANCE #17, 1998 - 123 W. Francis Historic Designation Lot Split .............3 ORDINANCE #6, SERIES OF 1998 - Tippler Townhomes GMQS Exemption, Subdivision and Vested Rights ................................................................................4 ORDINANCE #10, SERIES OF 1998 - Aspen Consolidated Sanitation District SPA Amendment .....................................................................................................8 ORDINANCE #8, SERIES OF 1998 - Aspen Mountain Section M Amendment ..... 9 ORDINANCE #12, SERIES OF 1998 - Aspen Highlands Raw Water Agreement Amendment ...........................................................................................................13 RESOLUTION #42, SERIES OF 1998 - Ballot Question ......................................13 CAPITAL IMPROVEMENTS YELLOW BRICK ................................................14 RESOLUTION #43, SERIES OF 1998 - Supplemental Transit Sales & Use Tax Budget ...................................................................................................................15 16