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HomeMy WebLinkAboutminutes.council.19850923Regular Meeting Aspen City Council September 23, 1985 Joint Meeting with County Commissioners. The meeting was called to order at 4:45 with Commissioners Braudis, Child, Klanderud and Blake and Councilmembers Isaac, Fallin, Collins, Walls and Mayor Stirling present. 1. Roaring FoTk Transit Agency Supplemental Appropriations. Ms. Klanderud announced that Bruce Abel accepted the RFTA Boards offer to be the permanent general manager of RFTA. Bruce Abel explained these supplemental capital requests are to take care of 3 very real capital needs. One is to retrofit the transmissions of 5 Neoplan buses. Abel said of the 16 Neoplan buses purchased, the first 5 came with an Allison transmission with an external retarder, meeting specifications. However, in actual use, it was not satisfactory and the transmission was changed on the last 11 buses purchased. RFTA has discussed with Neoplan retrofitting the first 5 buses with the new transmission so that the fleet would be consistent and have a suitable transmission. Abel told the Boards they have reached a fair compromise with Neoplan, and they will jointly share the cost of retrofitting. Abel said this will cost $14,500. The second request is funding to acquire and install bus stop shelters. The 1984-85 transit development plan update recom- mended about 30 major stops in the community. RFTA is looking at implementing that recommendation and has picked out 10 high priority locations for the shelters. This request is for this is about $80,000 The third request is a replacement vehicle for the seniors van. Abel told the Boards RFTA is formally responsible for the senior service as of October 1, 1985. The van turned over to RFTA for this program is inadequate in terms of passenger capacity as well as its age and number of miles. RFTA would like to purchase new wheelchair lift equipped van, which will cost $40,000. Abel said the RFTA capital fund has a $311,000 fund balance; this request for $134,500 will decrease the fund balance to $176,994. Abel told the Boards this fund balance will be growing as the sales tax, which went into effect July 1, is earmarked for capital expenditures. Tom Oken, county finance director, told the Boards the first $350,000 less current debt service payments, will go into that fund. Abel told the Boards RFTA Board has approved this budget appropriation on first reading. Mayor Stifling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilman Isaac moved to approve the supplemental appropria- tions; seconded by Councilwoman Walls. All in favor, motion carried. ~.~ Regular Meeting Aspen City Council September ~3, 1985 Commissioner Braudis moved to approve the supplemental appropria- tions; seconded by Commissioner Child. Child brought up the development of a long range capital improve- ment plan and asked how these improvements fit into that plan. Abel said the retrofitting is not part of any long term capital improvements program. Abel told the Boards RFTA is putting together requests for proposals for a 5 year transit development program addressing what role the community wants the transit agency to play, and how RFTA needs to develop over the nest 5 years. An integral part of the TDP is what type of capital improvements will be necessary. Abel said they hope to have the study complete by the spring of 1986. In the meantime, RFTA is putting together a capital improvements programs for the 1986 budget and have selected two items of high priority. Ms. Klanderud said she voted against this at the RFTA board meeting. There is no question that bus shelters are needed, but this seems to be fast tracked. Ms. Klanderud said the Council has agreed to expedite the bus shelters. The Council, Commiss- ioners and RFTA need to have a joint meeting on capital projects as well as joint operations so that RFTA has a clear direction on where it should go. Ms. Klanderud said she is concerned that the city made an independent decision about bus shelters. Mayor Stirling said Council understood this had already been discussed at the county level. Ms. Klanderud said if this is joint transportation, the thinking goes beyond jurisdictional bound- aries. Abel said the request Council approved was assistance from the city engineer in helping prepare materials necessary to get the approvals needed for bus shelters. Blake said it would be helpful to implement bi-monthly or monthly meetings that Council and the Commissioners discussed a couple of months ago. Ms. Klanderud said the Boards have agreed to have a joint meeting with a general discussion of RFTA. Ms. Klanderud said the Boards seem to see this as a city system and a county system rather than a consolidated system. Child said he would like the Boards to be able to review the plans for these shelters. All in favor, motion carried. Ms. Klanderud said she feels it critical that the Council and Commissioners share their thinking. Council and Commissioners will scheduled a joint meeting. COUNCIL MEETING MINUTES 2 Regular Meeting Aspen City Council September 23, 1985 Councilwoman Walls moved to adopt the minutes of August 26, 29, 1985; seconded by Councilwoman Fallin. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. ~OUNCILMEMBER COMMENTS 1. Mayor Stirling went over the budget schedule; September 24 1 to 4 pm; September 25 1 to 3 pm; October 2 1 to 3 pm; October 3 1 to 3 pro; October 7 3 to 5 pro. 2. Mayor Stirling said the grand opening of Ruedi hydropower facility will be Saturday October 12 at noon and bus service will be provided. 3. Mayor Stirling said the Colorado Association of Ski Towns meeting will be October 3 and 4 in Silverthorne. Neither he nor Mayor Pro Tern Walls can attend and asked if someone else on Council could attend. 4. Mayor Stifling announced Aspen won the 18th annual Rugger- fest, the first since 1971. Mayor Stirling said there were tremendous crowds in town, and it was a wonderful weekend. 5. Mayor Stirling congratulated the Aspen Filmfest on an excellent series. It was well attended with high quality of films. 6. Mayor Stirling said because of the 3 scheduled public hearings, 9 items had to be removed from the agenda. Mayor Stifling suggested continuing the meeting until September 30th at 6 pro. 7. Mayor Stirling announced Governor Lamm has appealed to all the Mayors in the state to work on recognition of United Nations Day, proposed for October 24. Heidi Roupp and George Burson have been appointed local chairpersons. ORDINANCE #53, SERIES OF 1985 - Little Nell Public Hearing. Mayor Stifling said this is the first public hearing under the revised SPA section of the Code. This is to give the public an idea of what kind of development is being proposed before the applicant makes an application under the growth management plan. Mayor Stirling said in 1983, the Skiing Company made application to the city to have the SPA designation extended on the Little Nell zone. This was denied because there was no clear idea of 3 Regular Meeting - Aspen City Council September 23, 1985 what the concept was, as well as the amount of land requested to be designated SPA. Mayor Stirling said these two items have changed in this application. Mayor Stirling said this public hearing will be continued to a subsequent meeting. Council has scheduled a work session for October 7. Mayor Stirling said this is a conceptual plan and is not too technical but to give a broad concept of the plan for this property. Mayor Stirling said Council has to determine if Little Nell is an appropriate site for an SPA; does it have the unique character to be designated SPA; is there significant public benefit. Council must look at the proper uses for this site, and are they appropriate, sensible and in keeping with the area. Mayor Stirling said hotel is a conditional use in the CC zone. The major issue is the growth issue and the multi-year alloca- tion. Alan Richman, planning director, said Council is determining the appropriate set of uses for this property. The applicant is requesting to change the boundaries of the SPA, and there is an ordinance to accomplish this. Richman said P & Z has recommended Council adopt this ordinance on first reading and not take final action until a precise plan is in front of Council. Council could take formal action, if they choose, at a meeting in October. The P & Z and staff have outlined the technical issues associated with the SPA, which the applicant has to address. The approach of P & Z is to identify the problems at the conceptual stage and to ask the applicant to respond to these issues at precise plan. Council should determine if they agree that approach is acceptable. Richman said parking is one of the issues, and P & Z has asked the applicant to substantially study this issue. The applicant is proposing 77 subgrade parking spaces for hotel guests, commercial area, and employees. P & Z and staff have questioned the number of spaces. Other issue are site design, open space, views and FARS and the applicant has been asked to study these. Another issue is service/delivery areas. The applicant is proposing two service/delivery areas and P & Z and the staff have not signed off on these and want more information. Transit service and the provision of a drop off area are also to be addressed. Another concern is mitigation geological of hazards the applicant should look into after the problems with Aspen mountain. The applicant has been asked to do a comprehensive study of transpor- tation problems in this area and to propose mitigation of potential impacts on the roads. Richman said these are someof the technical issues that were discussed. The recommendation of 4 Regular Meeting Aspen City Council September 23, 1985 P & Z contains 25 conditions. These technical issues are not unsolvable. Richman said he does not feel Council should be concentrating on the conceptual issue of growth at this meeting but rather hear the applicant's presentation and public comments. Richman said there is no question that the Municipal Code provides Council with a legal ability to award future allocation if they choose; the issue is whether or not Council should do this. Richman noted he has done a thorough analysis of this issue, which is included in the memorandum. Richman stated technically the growth management application is not before Council at this meeting. The P & Z was asked to give an indication of their willingness to grant future allocations. The Council cannot decide the future allocation issue until a formal GMP allocation is before them. The staff is recommending approval of the reconstruction of the commercial space, skier support spaces, placement of the base lifts, upgrade of the pedestrian circulation corridors, and removal of the maintenance facilities from the base area. Richman stated he does not feel the growth issue should be acted upon favorably, and is asking Council to give a negative indica- tion on the growth question; that Council is not conceptually in support of multi-year allocations for the hotel. Peter Forsch, Skiing Company, told Council they are not proud of their present base area. The Skiing Company has been precluded from doing anything about the base area because of a long term lease situation, as well as the previous SPA ordinance, which requires a total comprehensive plan for the whole area. Forsch pointed out there is a revitalization in the community; as well assignificant improvements being made on the mountain. Forsch said this is a clear signal that the community needs to remain current and competitive. Forsch said their proposal for the base area complements work on the mountain. Forsch said the plans for developmentare a demonstration to the community and to tourists of the Skiing Company's dedication and commitment to excellence. Forsch said they feel there is a significant need for revitalization, especially in the lodging sector and especially at the base of the mountain. Forsch said this is a submission for a hotel, a new lift, and a base area redevelopment. Council wanted to look at the whole base area in a comprehensive manner. Forsch said this plan is a compromise; the hotel 2 years ago was twice as big as this presentation. Forsch told Council this is in recognition of the community needs and benefits, the community sensitivities, the adjacent property owners, and the interests of the guests of this community. 5 Regular Meeting Aspen City Council September 23, 1985 Forsch said the applicant is willing to work with the city; however, they have very little ability to downscale the building. Forsch said a hotel is a questionable investment in a mountain resort community. This is not a profit center for the Skiing Company. The benefits are long range and a benefit to the entire community. Forsch said to save time and money, the applicant is asking the Council to address the GMP issuerelating to future year's allocation. Forsch said they feel their request is consistent with both the goals and laws of the community. Forsch presented a slide show of the proposed project. The slide show presented the existing conditions on the property, the zoning, adjacent uses. There was a slide of the original project which was too big for the property as well as the new proposed hotel. The major access to the site would be from ~unter street. There is significant regrading proposed for this area. The building is proposed for the flat area at the base of the hill. The maintenance facility will be moved up the hill. Forsch said they intend to create an exciting people place at the base area between the Little Nell deck and the Tippler deck. Forsch showed a model of the site, views of the building from various places. Forsch showed a computer model of the building. Forsch told Council the computer model is based on actual drawings, heights, setbacks and scale. This is not an artists rendering. The building is intentionally stepped back in the Hunter street area to maintain the view corridors, which are important to the community. Forsch said the Skiing Company is proud of this plan and feels it will work well for the community and the guests. Forsch reiterated they feel this proposal is consistent with the intent and the law in the growth area. Bill Kane told Council in their meetings with P & Z to review this project, the most pressing question is how a 96 room hotel relates to the growth management plan, which specifies a quota and limitation on the number of new units per year in L-l, L-2, commercial core, and commercial/lodge district. Kane presented graphs to depict what has occurred in the lodge portion of the GMP, and what can be anticipated. The chart contains planned growth, proposed and approved growth, and the history since 1977. Kane said the basis for placing a quota on lodge units was to insure short term accommodations would balance with ski capacity. The original quota was 18 units per year for lodge units. In 1981, the planning office prepared the short term accommodations study investigating the relationship between actual units and ski capacity. Lodges have been condominiumized, changed around 6 Regular Meeting Aspen City Council September 23, 1985 and the city is losing units from the short term accommodations pool and it was appropriate to reconsider the number of lodge units. In 1982, the quota was changed to 35 lodge units per year which provides an 1.2% growth rate in short term accommoda- tions. Kane pointed out that lodge development within the GMP is the most stringently regulated form of growth. The next chart Kane showed represented approvals in lodge quota since 1977. In 1978, 36 units were approved for the Aspen Inn which was later incorporated in the Aspen Mountain Lodge applica- tion. Some applications have lost their allocation by letting their permit lapse. From 1978 to 1981 there were no approvals granted. In 1981 there was an allocation of 31 units to the Lodge at Aspen; in 1982 the Carriage house received 26 units. In 1983, the Aspen Mountain Lodge applied for allocation of 172 units. The charts present the argument that 44 units at Alpina Haus and 14 units from Cooper Horse were lodge units and are now deed restricted and should be credited to the quota system. Kane said this argument was supported by the planning staff and P & Z, and was not accepted by Council. Kane said through 1983 to 1985, there were no allocations granted. Kane said there are 19 units added to the Sardy house, although these units are not in the L-1 L-2 zone. With these considera- tions, in 1985 the quota is 4 units below the total allocations. The end of the curve reflects the 96 units proposed for Little Nell. By 1989 if there are no further allocations, the total units will be below the curve. Kane said if the growth manage- ment plan is evaluated in a long term context, it shows that the system is capable of having this project built. Kane's last chart shows that from 1977 to 1985, basically nothing has been built in these zones. Kane said the lodging zones are within walking distance of skiing, and are most symbolic of the quality skiing experience in Aspen. Richman pointed out the Hotel Jerome project has an additional 67 units approved. Kane said they only included the L-l, L-2 zone districts. Mayor Stifling opened the public hearing. Chuck B randt told Council he supports the hotel. Brandt said there has been a declining school enrollment, indicating families are leaving. Brandt said he has not seen efforts by government or anyone else to expand or widen the economic base. An effort is being made by the Skiing Company to encourage lodging and ski facilities. Brandt said he is concerned that if the economic base is not widened, local's children will not have the opportun- ity to choose to live in Aspen. Brandt said growth controls do not take into account economic cycles nor the availability of large amounts of funds needed for project, and relief valves are ~_~ needed. 7 Regular Meeting Aspen City Council September 23, 1985 Fritz Benedict said he feels this is well designed project. Benedict said the city has a chance for a trade off as they should insist on a gondola rather than a detachable quad lift. A gondola would mean a lot to the town in summer and winter, and would help the town's image. Jerry Hewey, general manager Aspen Alps, told Council they have monitored this proposal for a number of years. Hewey said as the plans have been submitted to them, and the Board of Managers endorsed this project. Fred Smith said he is in favor of this project. This developer is Aspen's home company, is interested in developing their own property and to improve Aspen's image. Smith said when one looks at the chart of all the lodge GMP approvals and none of them have been built, when the city finds someone with financing who can build what is needed, they should allow it to be built. Jim Adams said a lot of developers have come through in the last 20 years without a stake in the town and have developed things that sometimes fall apart. Adams pointed out this developer has been with the town for many years and has quite a stake in the community, and they should be helped. George Laswell, general manager of the Aspen Square, read a letter into the record, "After a great deal of research and much input from the Aspen Square property owners, the management and Board of Directors of the Aspen Square Condominium Association have unanimously decided to formally oppose the concept of the proposed project at Little Nell by the Aspen Skiing Company. Some of our reasons are outlined: 1) increased traffic. The limitations of the present Aspen street layout dictate that all additional east/west traffic created by the proposal would impact Durant avenue. This increased traffic, noise, pollution and congestion generated by proposed 100 room hotel along with its associated commercial uses would cause an extreme hardship on all existing facilities in the area. In our opinion this adds to the already extremely serious problem in Aspen and multiplies the difficulties in finding a solution to those problems. 2) Proposed parking is inadequate. The Aspen Square building presently provides 106 parking space for 105 rental units and 17 commercial spaces. Frequently this is insufficient. In conjunction with Little Nell being the main access to the ski area, the proposed 77 parking spaces are grossly inadequate. 3) A large structure is much less inviting than a small one. The same proposed complex without the hotel would still allow the public its view of the mountains and afford a much more inviting access to its recreational activities. If a hotel is to be seriously considered for the Little Nell site, it would be far more acceptable if it were kept lower in profile and lower in density. 4) Regarding the commercial allocation, we recommend that the amount of commercial space approved for this property 8 Regular Meeting Aspen City Council September 23, 1985 primarily related to replacing what already exists. In partic- ular the future commercial uses for this site should primarily relate to what is required by a base facility and main access to the ski area. 5) Recent GMP allocations for the Jerome Hotel, the Aspen Mountain Lodge and the Sardy property should be analyzed along with their impacts on the community prior to additional GMP variance grants. It should be kept in mind that most certainly other projects, such as Aspen Meadows, are in the wings and will also need to be looked at closely. 6) A chart prepared and presented by the Aspen Skiing Company incorrectly showed that 87 condominium rental units have recently been taken off the rental market and could be granted to the Ski Company for the planned hotel. This is not a recent development and the fact that the units are not rented does not mean they are not occupied nor that they do not represent people who drive cars, ski, shop, dine, etc. A refurbishing of the Little Nell base area is much needed in order for Aspen to keep pace with its competition and to provide a pleasing entrance to Aspen mount- ain. It is our strong belief that the proposed hotel facility is not in keeping with the best planned use of that area. Jim Curtis said he feels everything taking place in this commun- ity has been very positive. The renovations of old buildings around town is very exciting. Curtis pointed out these projects have been talked about for years and are just getting done, which points out the amount of lead time needed before anyone sees the actual projects. Curtis said there can be no doubt that this is the correct location for exactly what is being proposed. The base of the mountain is the entrance to the mountain, and from a planning point of view this is the type of facility that should go there. Mary Martin, All Citizens Action Committee dedicated to monitor- ing fiscal responsibility of government, said if this city is going to take $25,000,000 to operate, that is far more than the 1.2 percent growth. The Skiing Company is Aspen's industry. Mrs. Martin said this is an excellent proposal. Bill Martin said he is for the project. David Stapleton told Council he is in support of this plan. Stapleton said the renovation in town is giving a sense of pride to this community. Klaus Obermeyer said he loves this, it is a wonderful idea. Obermeyer said he loves to see the momentum in this town and something newer and better being built. Obermeyer said Aspen is competing with a lot of resorts with very modern accommodations and better uphill transportation. Howard Aurey said he has been in business here 37 years, has had an opportunity to travel to other ski resorts. Aurey said if Aspen does not get more first class accommodations, it will not be able to compete. Dick Butera said he is directly effected by 9 ~ RegUlar Meet~ing Aspen City Council September 23, 1985 this proposal, as he owns the Woodstone, and urged the Council to pass this as quickly and cheaply as possible so the developer can spend money on a high quality building, and hopefully a gondola. Fred Dill said he regards the Ski Company highly but pointed out they are asking the city to let them go into some- thing new. Dill said they are proposing something good, but the hotel causes major problems. Dill suggested the hotel be somewhere else and let the gateway to the mountain be a gateway to the mountain. Charles Hopton, representing North of Nell Condominiums, told Council they are not opposed to the project but feel the recommenndations made by staff should be adhered to. Hopton said in particular the condition pertaining to the loading zone on Dean street should be given a lot of attention. Pete Stone said he would like to see Council pass this project. Stone said there is a lot of renovation going on in town, and the present Little Nell situation is a disgrace and is appalling to the rest of the progress. Ken Moore supports the Ski Company's projects and urged the Council to so endorse. Tom Anderson, Pomeroy Sports owner in Aspen Square, told Council he is not in agreement with the rest of Aspen Square and is for this project 100 percent. Eve Homeyer reminded everyone what kind of citizen the Aspen Skiing Company has been; they have always supported the good of the community. With the creation of the Aspen Foundation, they pour millions of dollars into support of the non-profit sector of the community. The Skiing Company provides more work in the community than anyone else, even adding up all the governments. Jack Brendlinger said the P & Z did a study in 1977, and the way he sees the study, the community has lost about 1,000 guest beds since then. That is a loss of every business person in town. Sirous Saghatoslami told Council he supports this project 100 percent. Don Lemos said Aspen is fortunate to have a company like Aspen Skiing Company with resources to follow through on a project like this and urged Council to vote yes on this project. Jerry Blann, Aspen Skiing Company, said since the first plan for this site, they have re-evaluated the plan and the site to see what the constraints were to try to develop a project for that site. Blann said the Skiing Company went to adjacent property owners with their plan to achieve conversations, and their concerns are listed in P & Zs conditions. The Skiing Company has agreed to address all of the conditions. Blann told Council their partnership has built 6,000 hotel rooms. Blann said the Ski Company has presented a master plan for the mountain to Council. They have gone through an industrial development bond f~ process to obtain $25,000,000 to upgrade their mountains. Blann 10 Regular Meeting Aspen City Council September 23, 1985 said there have been compromises in this hotel process, they think the plan will work. Blann pointed out the maintenance facility will be moved up the mountain, eliminating noise and fumes. There will be a major lift coming out of this base area, the Ski Company has not decided whether this will be a gondola or a detachable quad. The ski school will have an area at Little Nell, and the guest experience will be improved as well as having lockers, rest rooms. The commercial facilities will support the skiing operation. Blann said this small hotel represents a long range commitment in terms of upgrading the quality of the bed base in the co~eun- ity. Blann said the timing is critical as the IDB only allows 3 years for capital expenditures. Blann stated this project cannot be built 35 units at a time. The Council and P & Z recommended that this be one base area redevelopment, and to take it apart is a problems in terms of timing. Blann requested Council address the multi-year allocation at their earliest opportunity. Chuck Torinus stated he is highly in favor of the project. Brian Light, representing the Kaelin corporation, said they are in favor of the project. The architecture of the building and the blending in with the mountain is excellent. Jim Pavisha, Aspen Mountain Lodge project, stated they are totally in support of this project and welcome the competition. Pavisha told Council the Skiing Company's filiate companies will do an outstanding job that the city can be proud of. Spencer Schiffer said the lodge GMP is an anachronism, it artificially imposes constraints on the city's ability to become a first class resort. Schiffer said this is a terrific project that deserves approval and support. Mort Heller supports this proposal, and should there be any problem with the GMP, urged Council to bend over backwards to give it their approval. John Reveal, Snowmass ski area manager, told Council many people like to ski Snowmass but prefer to stay in Aspen. Reveal said many people ask why they can't find top quality lodging in Aspen. Lee Pardee encouraged the media to make sure the public realizes Council, under existing laws, has the right to approve an increase of future allocations, that the Ski Company is not asking for any special treatment. This request is within Council's purview. Mike Otte said he would like to see the project go, it would be good for the town. Debbie Morris, ski instructor, told Council she hears from people skiing everyday about the facilities. Ms. Morris said Aspen is trying to give good food and good lodging and needs to make the beginning part of the day valuable. Lita Heller told Council she is in favor of the project. 11 Regular Meeting Aspen City Council $eptember 2}, 1985 Mayor Stirling continued the public hearing to October 15, 1985. Council scheduled a work session for October 7 at 5 p.m. Councilman Collins requested that RFTA be added to that work session. Mayor Stifling said one issue he would like discussed at the work session is if Council is comfortable letting the 25 conditions wait until later in the process. Mayor Stirling said Council has to get a handle on how the community feels about the growth issue. There have been very positive comments at this hearing about urging the Council to go forward with this project. Perhaps Council should address the question of the lodge quota, and is it large enough. Forsch said the Skiing Company would like a clear sense of direction from the Council before the Ski Company is willing tO come forward with a precise GMP plan. Forsch said they don't want to spend the time and money to address the 25 conditions, as well as other issues, if Council is unwilling to look at the future year allocation question. Mayor Stirling said the growth issue should be addressed at the work session. Mayor Stirling asked what kind of reliance could come out of the conceptual SPA process that is legally binding. City Attorney Taddune said by definition he does not think so. Taddune said the application is asking for an indication on the growth issues so that other conditions can be addressed. Gideon Kaufman said the applicant is asking for Council to say that if they address the rest of the issues and get the GMP allocation, Council will vote against it because of the future year's allocation. Taddune said the Code indicates that conceptual approval should not be binding on Council for purposes of preliminary or final approval. Taddune said Council would be giving the applicant a political commitment rather than a binding commitment. Mayor Stirling asked that the trade offs, such as the gondola, and any others, be addressed at the work session, The parking issue is critical and must be addressed. Councilman Isaac moved to read Ordinance #53, Series of 1985; seconded by Councilman Collins. All in favor, motion carried. Taddune pointed out there is no property description, there is a graphic description. Kaufman said the applicant submitted a property description. The line has not been surveyed. ORDINANCE #53 Series of 1985 AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, EXTENDING THE BOUNDARY OF THE SPA OVERLAY ACROSS A PORTION OF THE LITTLE NELL BASE AREA was read by the city clerk 12 Regular Meeting Aspen City Council September 23, 1985 Councilman Isaac moved to adopt Ordinance #53, Series of 1985, on first reading; seconded by Councilwoman Fallin. Councilwoman Walls asked exactly where the boundary line is on the property. Richman told Council there is a specific reason for the recommendation of tabling this ordinance until precise plan, and this will be presented at the October 15th meeting. Kane showed Council the existing SPA and the requested extended SPA boundary. Councilwoman Walls asked why the whole parcel was not zoned SPA originally. Kane said it was probably only applied to the existing commercial space. Councilwoman Walls asked if the ownership had changed. Forsch said the Skiing Company has always owned this parcel. Forsch said the applicant has also asked why the whole parcel was not zoned SPA and has not gotten a satisfactory answer. The SPA encompassed only the existing development. Mayor Stirling said the SPA designation was applied to this property by the city. Richman told Council the P & Z and staff is recommending approval of this ordinance. Councilman Collins said the conservation zone was established to keep this area open and natural. Councilman Collins asked why this ordinance is before Council now rather than at precise plan stage. Richman said the applicants have arguments why this should be adopted at the conceptual stage, and staff did not want to assume that Council would agree with the recommendation, and the applicant should have an opportunity to present their arguments. Roll call vote; Councilmembers Collins, yes; Fallin, yes; Isaac, yes; Walls, yes; Mayor Stirling, yes. Motion carried. SNOW DUMP- SITE Lee Pardee, representing residents of Oklahoma Flats, told Council they have problems with the location of the snow dump site and the impound lot located on the Rio Grande. Every year the citizens approach the administration and are promised this will be the last year as this location is only temporary. Pardee told Council they have sought out an opinion from a former city attorney. Pardee said there are 3 separate parcels acquired by the city. Parcel 2, where the snow dump is located, was purchased with 6th and 7th penny funds. The impound lot area was purchased with 7th penny funds. Pardee said the land was purchased for open space and is being used as a snow dump. City Attorney Taddune told Council he does not feel that the language in the 6th penny ordinance is so clearly articulated that the only use of 6th penny funds is open space acquisition. Sandy Stuller told Council these ordinances are open-ended because bond counsel likes the ordinances as flexible as poss- 13 Regular Meeting Aspen City Council September 23, 1985 ible. The Trueman property and Aspen One property Were purchased with 7th ~enny funds. Ms. Stuller told the City Council, prior to the election of the 7th penny, by resolution pledged to the citizens that that money would only be used for implementation of the area transportation plan. The transportation plan has 3 elements; parking structure, mass transit system and a mall system. Ms. Stuller suggested that a snow dump site or an impound lot does not meet the requirement of that plan. Pardee said the Aspon Sanitation District is not using the area previously used for snow dumping, and encouraged Council to condemn this property to use for snow dumping. Pardee said he feels the use of the current snow dump site is an illegal use. Mayor Stifling said the Council met with the Sanitation Board and raised the issue of using their property for snow dumping, and the Board was not enthusiastic about this. Mayor Stirling said he feels condemnation is a hostile action, and would rather discuss this with the Board again. City Manager Schilling said Council has discussed for many years where the snow dump can best be located. Schilling suggested trying to work with the Sanitation District for a solution. The employee housing at the sanitation site may have to be rel ocated. Mayor Stirling moved to direct the City Manager to begin discuss- ions immediately with the director of the Sanitation District, and look at alternative ways to come to an agreement; seconded by Councilman Collins. Mayor Stifling asked if the residents would agree to a 9 to 12 month phase out of the snow dump site. Pardee said he has been promised year after year that the city will relocate the snow dump site. Mayor Stirling said he would like a report back from the staff at the October 15 meeting. Councilman Collins said the staff should find out if moving the snow dump site to the sanitation district will cause problems with another neighbor- hood. Councilwoman Fallin said she does not favor phasing moving the snow dump because this problem has been put off for years. Councilwoman Walls said the impound lot is a worse eyesore. Remo Lavagnino said the impound lot is also addressed in the letter to Council. Lavagnino told Council he researched the records to find out when the impound lot was implemented, and nowhere did Council approve an impound lot on that property. Don Lemos pointed out the private sector is also required to remove their snow, and he would be willing to pay the city for snow removal to mitigate the costs of moving the snow dump site. Dale said the impound lot is a problem and is detrimental to the business uses in the SCI zone. It is very ugly and poorly 14 Regular Meeting Aspen City Council September 23, 1985 managed. Hal Clark, PCPA, told Council they support having the river front area improved. It is a valuable asset to the community, and the city is storing their nuisance uses on this property. Dwight Shellman said this snow may require treatment as wastewater, and there may be funding available to treat the snow. Mayor Stirling said Council had raised the issue of leaving the snow on the streets rather than scraping them clean. Chuck Roth, engineering department, said leaving the snow on the streets would lose parking places, driving lanes would be constricted, and emergency access would be hindered. Roth told Council the area required to store snow is about 2.5 to 3 acres. All in favor, with the exception of Councilwoman Fallin. Motion carried. ASPEN INSTITUTE PUBLIC HEARING Mayor Stirling said this is a request of the Aspen Institute for subdivision exception for the purposes of exercising their option to obtain title to 26.5 acre academic parcel, commonly known as the East Meadows. Council can approve the request, deny the request or refer to back to P & Z. Alan Richman, planning director, told Council this application was referred to the attorney's office and engineering department. Richman said the city attorney concluded the Code provides Council the opportunity to except this application from steps in the subdivi- sion process. This meeting has been noticed as a public hearing. Richman pointed out that Section 20-5(b) of the Code regarding the need for growth management allotment does not apply to this request for two reasons; one, the land is not vacant. It has development on it and has a beneficial use on it. The area requested for subdivision exception includes the Physics Insti- tute, the music tent facilities, and the Institute academic facilities. Richman said there is no land development proposed by this applicant, therefore, a development allotment is not required at this time. Richman told Council staff looked at the SPA requirements, since this parcel is zoned SPA, and Section 24-7.3(b) states if a parcel is owned by more than one individual, consent to any SPA application must be obtained by all owners before any SPA conceptual plan can be processed. Richman said it was that section that made staff feel comfortable about Council's ability to address this application and not to have any negative planning effect on the community. Richman said if Council decides to approve this application as recommended by staff, Council may condition any action on the requirement that unified conceptual and precise development plans be submitted for both parcels. 15 Regular Meeting Aspen City Council September 23, 1985 Richman suggested language in condition 6(b) to address this. Richman said it is of paramount importance to the staff that a condition be placed on this application to require that this SPA continue to be recognized as a single SPA. The basis for staff's recommendation of approval is Council continue to look upon this as one parcel from a planning and development stand- point. Richman said there are also conditions recommended by the engineering department. Richman recommended approval and stated approval will be in support of the subdivision regulations which require subdivision to promote the general health, safety and welfare of the community. Richman said the Institute is one of the most important and unique parts of this community, and this subdivision exception will enhance the presence of the Institute in the co~anunity which is a desirable goal for the community. Spencer Schiffer, representing the Aspen Institute, told Council the purpose of this application iS to permit the Aspen Institute to obtain record title to the East meadows by closing on an option which it has with the Aspen Mountain Joint Venture. This option was created in 1977 when the Institute conveyed all the Meadows property to its wholly owned subsidiary, the Meadows corporation. The Institute took back an option to reacquire the academic parcel for $100. In 1980 when the Institute sold the Meadows corporation to Cantrup, it agreed as part of that transaction not to exercise that option for 5 years, giving Cantrup the right by the payment of $3,000,000 to take out the option or to assume the option and thereby buy the academic parcel. Schiffer told Council as part of the bankruptcy proceedings, the properties were sold to the Aspen Mountain Joint Venture, who succeeded to the rights and obligations under those agreements. This particular right expired June 19, 1985, and for the first time in the past 5 years, the Institute had an opportunity to exercise the option and to reacquire record title to this property. On July 3, the trustees of the Institute met and voted unanimously to direct the officers of the Institute to apply for subdivision exception and to exercise the option. Schiffer told Council he is authorized to report that the Institute wants to have a permanent presence in Aspen, and the trustees feel the only way they can plan for the future is to have record title to this property. The exercise of the option would help to insure that permanent presence. Schiffer told Council timing is critical; programs for next year are being reviewed next month, and it is important the Council decides at this meeting. 16 Regular Meeting Aspen City Council September 23, 1985 Schiffer pointed out that Section 20-19(b) of the Code provides that the Council may exempt a particular division of land from the definition of a subdivision when Council feels the division of land is not within the intent and purpose of Chapter 20. Section 20-2 sets out the purpose and intent, "the purpose of this regulation is to assist the orderly, efficient, and inte- grated development of the City". Schiffer said this applicant is making application strictly for the purpose of exercising an option to complete title. There is no development planned or contemplated. Schiffer noted that before any growth or develop- ment could take place on this property, an applicant or owner would have to go through the SPA process. Council recently adopted new SPA regulations, and the procedures in that ordinance are more rigorous than the subdivision procedures. These require both conceptual and precise plan approval by both P & Z and Council, and it is a 4 step process. Schiffer told Council the SPA regulations require that there be underlying zoning for the property, and that has not been done yet. Schiffer said at this time, there could be no development application. Schiffer said there is no development potential by reason of this exemption or exception, were it granted, and it would be appropriate to grant a subdivision exemption or exception. Schiffer said there is some concern that this exemption or exception would preclude the master planning of the entire parcel as one cohesive whole, and that is not the case. Schiffer told Council the Institute agrees with the position of the planning office, and with the position expressed by Mr. Roberts in his September 19th letter, which is that the entire property should be master planned as one SPA. Schiffer said one criticism is that typically Council doesn't grant an exemption or exception where there is no development proposal. That may be true, but this land is unique, zoned SPA, which means it is unzoned until the applicant comes to the city with a development application and a specific proposal. No development can take place until that happens, which is why this exemption or exception is appropriate. Schiffer pointed out that the Institute has had a significant presence in the commun- ity for over 35 years. The Institute wants to make it clear to the city and to the community that it wants to have a permanent presence, and to insure that presence, it has to have record title to its own property. Mayor Stirling opened the public hearing. Nick McGrath told Council he is representing Concerned Citizens West Side Inc., a Colorado non-profit corporation which was formed in about 1980 specifically for the purpose of monitoring 17 Re~ular~Meeting . Aspen City Council September 23, 1985 the land use process with regard to the 85 acres. McGrath said there are approximately 50 members in the organization and a requirement to be a member is that one own property in the west side. This group was formed because it did not want to take an active part in the West Side Improvement Association because that group has many more interests. McGrath said that while his group supports the Institute, they do not support this particular application. McGrath said the issue is a question of goals and policy and how that is best served, and his group feels it is best served by denying the application, and failing that, tying up the conditions. MCGrath said if the Institute would put in writing they will never put a new building on the 26.5 acres, his group would agree with their application. McGrath said the Institute has at least 90 years to exercise this option, and why do they need to confirm legal title without master planning. McGrath pointed out the Institute created this option. When they approached the city and requested to sell the parcel separately, the city said no. Since 1972 Council has said this 85 acres, the "largest" undeveloped parcel in Aspen must be planned as a single whole McGrath suggested the Institute covenant to a condition that they will not come in with a separate plan if they have a falling out with the other property owner. What happens if the Institute files a single application and if the city won't accept it, they sue the city. Council should ask the Institute if they will waive the issue of joint planning as respect to lawsuits. If they won't waive it, the Institute may come back and use that in the future against the city. McGrath said in all the Institute's applications, they have said they are not going to commercially develop the 26.5 acres; this language should be tied up. Dwight Shellman, representing the West Side Improvement Associa- tion, told Council his group's position is that the Council should adhere to its long standing policy that this entire 85 acre parcel should be planned and developed and approved as one unit. Shellman said there is no reason at this point to subdi- vide the land. The Institute has 90 years of someone else paying the taxes and the ability at the end of the period to take title to the property. The WSIA supports the Institute, and if the Institute were to leave the community, it supports the use of the 85 acres in the way it has been used. Shellman said the standards changed in the '70s for this parcel to be a comprehensive unified developments requiring that entire owner- ship be developed under a comprehensive plan. That has been a consistent policy, which needs to continue. Shellman said the strong community intentions with which ordinances and resolutions are adopted can be eroded very quickly. Shellman suggested 18 Regular Meeting Aspen City Council September 23, 1985 zoning this property to use and no more. Shellman pointed out this application has not been accompanied by an application to zone it to use, only the representations. Shellman said if this is subdivided at this time, the city may be setting itself up for a classic spot zoning argument. If the adjoining property owner is permitted to develop to high density, there is a good argument that that same zoning pattern must be and should be legally extended to this parcel as well. Shellman said the East Meadows parcel contains uses that are parasitic to the uses on the rest of the parcel. There is no restaurant on the East Meadows property, and there could be an argument by the Institute that in view of the fact those support facilities are now over utilized, they must be replicated on the Institute property. Shellman said the most practical method is to deny the exception and to continue with the longstanding community policy that this area be planned together. Shellman presented ballots taken by they WSIA in support or against this application; 13 were in favor and 86 were against. Art Daily, representing John Roberts owner of the entire Aspen Meadows property, told Council when Roberrs a~quired the property he purchased it subject to an option with the Institute to acquire the academic parcel. Daily told Council the Institute asked Roberts what his position was regarding this exemption. Roberts has authorized Daily to fully support this application. Daily told Council a principle reason of the Institute's for this exemption request is that it wants to be its own landlord, pay its own taxes, and be in command of its own destiny. Roberts, in his letter to Council, has made it clear it is important that the Institute agree that a single unified SPA planning unit remain on the entire 85 acres of the Meadows property today, tomorrow and perhaps for all time. The city for 15 years has desired a unified development plan for the Insti- tute property, and Roberrs supports this even though it means to develop the remainder of the Meadows, he has to obtain the support of the Institute before presenting the plan to the city. Roberts supports this application provided the covenant the Institute is asked to sign is carefully and thoroughly drafted and satisfies the interests of everyone. Fritz Benedict, speaking for the Music Associates, told Council they are in favor of this proposal because they would be able to get the long term lease they need. Gray Young, Austin & Jordan representing two property owners in the area, said as adjacent property owners they have no objection to the recommendation of city staff regarding the granting of a subdivision exception, provided the applicant agrees with the recommendation that despite the separation of ownership, the Aspen Meadows property is designated on official city zoning maps as a single, undivided 19 Regular-Meeting ...... Aspen City Council September 23, 1985 SPA parcel and that no precise development plans be submitted which do not comprehensively address development on the entire ownership of the Aspen Meadows SPA. Young told Council their clients also agree that no conceptual application should be submitted without consent from all adjacent property owners. Young said any transfer of title to the Aspen Institute must not affect unified planning for the parcel. Young said his clients agree with the engineer's recommendation that the final platting of the application show adjacent ownerships, which will clear up ownership issues in areas contiguous to the parcels as well as ownership along Meadows road and 8th street. Walter Ganz, Aspen Community Institute Committee, pointed out that Aspen has a triad consisting of the Skiing Corporation, the Music Associates and the Aspen Institute. Without any one of these elements, Aspen would be in sad shape. Ganz said the Institute and community are intertwined and have been for the last 35 years, and without the Institute, Aspen would not be what it is today. Ganz said all the Institute is asking for is legitimate title to its property, and it is the obligation of Council to grant the application. George Stranahan, Aspen Center for Physics, said they desire to maintain their programs substantially as at present, substan- tially in the same buildings and in the same environment. Stranahan said the Physics Center believes that the exception is appropriate for 2 reasons; because it is just and right, and the Institute would, as it has in the past, support their goals. Bill Wesson told Council he supports the approval of the applica- tion for exception, which would give legal title for the East Meadows to the Institute. Wesson said, given the record over the years of the Institute's commitment to excellence, it seems appropriate for the city to trust that the motives of the institute for its development to be sensitive and compliant with the wishes of the majority of the people of Aspen. Bill Martin said this is raising the same issues now raised a long time ago on whether or not the Aspen Institute properties are going to be developed. Martin said he feels the Institute is legally entitled to their 26 acres and the Council has sufficient safeguards to insure that the total property will be developed as a total parcel. Mary Martin told Council she endorses the Institute's request for title to their legitimate property. The Institute has been here longer than anyone else, they have given land to people. Mrs. Martin said they live on the most impacted corner of town. Mrs. Martin pointed out nothing has been developed in Aspen without considerable argu- ments, considerable planning. 20 Regular-Meeting ..... Aspen City Council September 23~1985 Richard Fenton, director of ACIC, said after the history of the last 10 years, it would be very appropriate for Council to make a gesture of reconciliation. Steen Gantzel said he would like to see the Institute stay in the community, and would like to see them submit a plan that includes conference centers, the Music Associates, the Physics Institute. Hal Clark supports the exception request as applied for and also a unified plan for the property. Shellman said the application is not accompa- nied by a unified plan, and that is the problem. There have only been oral representations. Mayor Stirling closed the pubic hearing. City Attorney Taddune told Council he interprets Schiffer, on behalf of the Institute, to be saying that as a means of inducing Council to approve the subdivision exception, it is agreeable to a unified plan and is willing to consent to that unilaterally. Schiffer told Council the Institute will, has been and continues to be in favor of a unified SPA plan for the property. The Institute approves of and accepts the wording recommended by Richman in his memorandum. Councilman Collins said for years the city has been consistent in asking for a master plan. Councilman Collins said he would like to condition approval of the subdivision exception based on acceptance or submittal of a suitable master plan. Councilman Collins said some of the hesitation about receiving the subdivi- sion exception prior to the master plan is there isn't any precedence for this arrangement when there are two pieces of land in a master plan. Councilman Collins said it would be more prudent to have the master plan done and then split the ownership of the property. Councilman Collins said if someone challenges this arrangement later on for any number of reasons, the city may wind up with two SPAs out there. Councilman Collins moved to table this request this evening pending receipt of an approved master plan as provided by the current SPA regulations. Motion DIES for lack of a second. Mayor Stirling moved to grant subdivision exception to the Aspen Institute for the purpose of its exercising its option on the 26.5 acre academic parcel, also known as the East Meadows, subject to the following conditions, listed on page 3 of the planning department's memo which are numbers 1 through 6(b), 6(b) being, "the applicants agreement that despite the separation of the ownership the Aspen Meadows property as designated on the official city of Aspen zoning maps continues to constitute a single undivided SPA parcel and that no precise development plan application pursuant to Article VII of Chapter 24 may be submit- ted which does not comprehensively address development on the 21 Regular Meeting ........... AspenC~ty Council September-23, 1985 entire ownership of the Aspen Meadows SPA, as per Section 24-7.6(a) Of the Code, and no conceptual application may be submitted without consent from all owners, as per Section 24-7.3(b); seconded by Councilwoman Fallin. Councilman Isaac said he is not in favor of this as there is a whole history of applications and the relationship of the Institute to the west end. Councilman Isaac said he does not want to hurry this through without getting any of that history into the record. Councilman Isaac said the city may get left with two parcels of land without any zoning at all. Councilman Isaac said he would like to tie the approval of the land split with the directions outlined in 1980 stating what the community's desires are for these parcels of land, how that development should take place, what would happen in the track area, how the needs of the Music Associates are being taken care of, etc. Taddune told Council the Institute is agreeing to the condition about one parcel. Mr. Roberts, the owner of the remaining parcel, says the same thing. The city is reacting to a request that this condition be imposed. Taddune told Council is has stronger meaning by virtue of the fact that both owners of the two parcels are requesting, in the interest of master planning, that this condition be imposed. Taddune told Council at some time in the future if the partnership breaks up, one partner or the other is going to come before Council with a problem and Council will have to respond to the needs and circumstances. Councilwoman Fallin asked if this is an undivided SPA parcel regardless of who owns the land, and if Roberts sells his parcel, will the Institute be able to say the agreement is null and void because Roberts sold his property. Taddune said he would interpret the approval to operate as a covenant running with the land, binding on the successors and heirs of the respective owners. Taddune said he could require that this language be on the plat as well as in the statement of exception. Mayor Stifling amended his motion to state subject to the attorneys expanded work on the language and acceptable to the applicant, and bring it back to Council at the continue meeting September 30th; seconded by Councilwoman Fallin. Schiffer told Council he approves of the language in the planning office memo. Schiffer pointed out the city has insurance in Section 24-7.3(b) that if a parcel is owned by more than one individual, consent to the application from all owners shall be required before the application may be processed. Councilman Collins asked if this will be one or two parcels. Richman said in staff's interpretation of the zoning maps and of the intent it is one parcei. Taddune said Council is considering two 22 Re~u}a~-Meeting ....... Aspen City Council September 23 ~ 1985 parcels for the purpose of confirming ownership, and that is all. For all other purposes, it is considered one parcel. Mayor Stirling said the Institute is not just an amenity, it is an essential ingredient to the town. Mayor Stifling said this request clarifies a position of ownership that has been muddied and muddled over the years. The Institute has been here 35 years, and there is a new owner on the property. The city is looking forward to the results of the approvals that have been granted over the last two years. Mayor Stirling pointed out the Code is dynamic in that it grants Council a certain amount of discretion. Mayor Stifling said no development is being requested, Council's actions grant no development rights. Councilman Collins said he feels the city has been very reason- able in asking for a master plan. There is an opportunity for a master plan to come forth that wold be beneficial to all parties. Councilman Collins said the city should not lose sight of a master plan, which is essential for this area because it is a jewel. Councilman Collins said the west end has been a good neighbor and contributes a lot to the environment and makes the setting for the Institute. Mayor Stifling said he is glad the Institute is asking for a subdivision exception and that the Roberts' group did not exercise their option and that the Institute has a chance to be legally and identifiably part of the community. Councilman Isaac said the city is missing an opportunity. This is hurrying along subdivision of the largest parcel left in Aspen. There was an agreement 5 years ago on what form the development would take. This is an opportunity to get both the Institute and the Roberrs group to sit down and go over that agreement. Mayor Stifling said this may result in less develop- ment rather than more. Councilmembers Fallin, Walls and Stifling in favor; Councilmem- bers Collins and Isaac opposed. Motion carried. Taddune told Council he will present a resolution for approval at the continued meeting. 1986 -BUDGtET- PUB~I~ -titEAR-ING Mayor Stifling opened the public hearing. Assistant City Manager Mitchell told Council the Charter require a public hearing on the proposed budget, which has to be done 15 days prior to the certification of the tax levy. Mayor Stirling said the total projected revenues for 1986 are 4.6% over 1985 revenues. The proposed operating revenues are 4.4% over 1985. The sales tax revenues are 56% of general fund revenues. There 23 Regular-Meeting ..... Aspen ~it}, Council September 23-,-1985 is an 8% increase over the 1985 projected budget. Council continued the public hearing on the budget to October 15. REVENU E--SHA~ ING~ ~PUB-L-Ie- HE~/~ING Mayor Stirling opened the public hearing. Assistant City Manager Mitchell told Council staff anticipates receiving $92,000 in revenue sharing funds which will be used to supports the public safety function. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt the use of federal revenue sharing funds for the purpose of providing police protection services; seconded by Councilwoman Walls. All in favor, motion carried. ORDtNANC~%2n~r-SE~tES-{)b' ~985 - Water Rate Reform Mayor Stifling opened the public hearing. Councilman Collins moved to continue the public hearing to October 28, 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORgIe~ANeR- #47,~- S~R~I~ ~)F-t985 - Woodburning Amendments Lee Cassin, environmental health department, passed out some changes proposed for the ordinance. Ms. Cassin recommended approval of this ordinance on second reading with these changes. Jim King, Colorado Health Department air pollution division, is present to answer questions. Ms. Cassin said there have been several public hearings, there have been suggestions from these meetings that have been incorporated into the ordinance. This ordinance will lift the moratorium in effect. The ordinance requires in future buildings there be no more than one solid fuel burning device, and this device is to be certified. The state pass/fail grade is incorporated so that Aspen does not have a different standard from the rest of the state. The ordinance allows people to install a woodburning fireplace, if they get rid of 3 times more pollution than they add, which is a method to gradually replace some of the existing high polluting devices. Lodges will be allowed to put in additional woodburning devices if they install high efficiency flue controls. Unlimited number of natural gas fireplaces are allowed. Ms. Cassin said staff and the CAAB has reviewed a memorandum from Jeffrey Evans and have incorporated some sugges- tions into the ordinance. There is a suggestion from Sy Coleman's not allow burning of fireplaces during alerts which has some good ideas about how this might be accomplished. This is 24 Regular Meeting ........ Aspen- ~i~ty Counci-t September- -23; 1985 not in the present ordinance, but staff and the CAAB plan to address this suggestion. Ms. Cassin told Council that wood smoke is very toxic and contains a number of carcinogenic compounds, toxic irritating compounds. Particulates from road dust are largely non-toxic. Ms. Cassin pointed out that Aspen exceeds the federal health standards for total particulates in many years. The state has predicted that Aspen has a high likelihood for exceeding the new fine particulate standards, which would force Aspen to address existing devices. MS. Cassin told Council her department receives complaints about the pollution and questions about why the town isn't doing anything about it. Ms. Cassin entered into the record the Environmental Protection Agency National Air Quality and Emissions Trends report 1982; 1982 Air Quality Emission Inventory for the Aspen, Colorado, area; Report to the Colorado Air Quality Control Commission by the Advisory Committee on Residential with full combustion March 1983, Standards Report 1980 through 1984 of the Colorado health Department and Colorado Air Quality Data Report 1970 through 1984. The changes are in Section 11-2.3(b)(ii) the word particulate should be added before pollution ("such that three times more perticulate pollution is removed") to make clear what is meant. In the same section, change according to department standards to department procedures. In the same section, Herb Klein added "of the existing device (s) to be removed verifying that ~ there -is present~illtent to--removersaid device ~nd that such device " Ms. Cassin made some grammatical changes to subsection (c). Subsection (c) (i) should have the words "provided it has been demonstrated that it particulate removal efficient for particu- late of 10 microns or less" to make it more clear. In subsection (d) every place it refers to natural gas the words "or propane" should be added. Subsection (d) (i) should start with the words "unless otherwise specified by the manufacturer". On page 5, section (c) "and carbon monoxide emissions of less than or equal to 200 grams per hour at 5,000 feet" should be added to make Aspen's pass/fail identical to the state pass/fail. Suzanne Caskey, CAAB member, told Council the CAAB came up with the ratios of 3 to 1 for replacement of woodburning devices as it is the same one the county adopted. Council needs to discuss this ratio to see if they are comfortable with it. Council should address whether they want to tighten the pass/fail standards for the stoves. The CAAB had discussed having stricter standards but decided on adopting the same as those the state did. Ms. Caskey pointed out that a stove functioning at certain 25 Regular Meeti.r~g ........... Aspen City Council September 23,4 1-985 pollution levels in Denver will not function as effectively in Aspen. MS. Caskey told Council the CAAB is interested in Sy Coleman's "clean air" theory and would like to institute it but decided not to incorporate in this ordinance. Ms. Caskey said after the public hearing, the CAAB changed the ordinance so that hotels could have more fireplaces if they use more flue technology. Ms. Caskey said the staff and CAAB is empathetic with people who want to sit around a warm fire on cold winter days; however, people are discussing their wants not their needs. Adding woodsmoke to the air can hurt others. The CAAB has been forced to take a long term view. Aspen continues to exceed the carrying capacity of a high altitude narrow valley despite warning and education; the prognosis is that the air will get worse. Ms. Caskey said clean and healthy air is not an amenity, it is a necessity for the health and life of citizens. Mayor Stifling opened the public hearing. City Attorney Taddune said the Council will have to pass an ordinance constituting the Clean Air Advisory Board as an official Board of the city. This Board will be the variance board for both the smoking and fireplace ordinances. The CAAB will still be a joint board for advisory purposes, but the three city members will hear variances. Sy Coleman said this ordinance will do nothing to reduce the level of air pollution but the ordinance will address a decrease in the rate of growth of air pollution. Coleman said the city needs to address reducing the current level of air pollution, which is dependent on existing devices. Jim Pavisha pointed out that Aspen is not in violation of the federal fine particulate standard because there isn't a standard at this point. Pavisha said 60% of the fine particulate matter comes from road dust, and the monitoring station at the Court- house could be effected by the amount of traffic on Main street. Pavisha said the samples have not been tested as to a percentage of each source of pollution. Greg Sherwin asked if the local law exceeds the state standard in any way. Mayor Stirling said the city's ordinance adopts the state's standards and will start earlier than the state law. Mayor Stifling said this ordinance does not address existing fireplaces except for the 3 to 1 ratio replacement. Sherwin asked how this ordinance would affect remodels. Ms. Cassin said under this proposed ordinance, if a person has an uncertified device and they want to move it, they have to replace it with a certified device. Bob George told Council if a person went in for a building permit to do any remodelling, the uniform 26 Regu}-at Meetinc/. /~spen City Council September 23-, -t985 building code requires adherence to the current ordinances. Taddune said only new devices will be governed by this ordinance. Ms. Cassin said the only part of the house that has to be brought up to code is the part that is being remodeled. George told Council in the county in a remodel, he had to abate a fireplace. George said this point should be clarified in the ordinance. George said in the past it was in vogue to eliminate natural gas and propane and to use woodburning as a heating method. George said the problem has to be addressed, but is against the ordinance as written. Gideon Kaufman told Council he feels it important to tighten up the standards about what constitutes a certified device, this is a positive step. Kaufman said he has worked with the Clean Air Advisory Board in the county in adopting a variance procedure, and it is working. Kaufman said the variance procedure allows people a method of installing devices legally. Kaufman told Council 3 to 1 replacement ratio is not 3 to 1, it sometimes takes 4 or 5 devices to reach the threshold. Kaufman said this approach closes the door on new people coming in. Kaufman said there is a need to clean up the air but it should be put on everyone equally. Each citizen has an obligation to help clean up the air. Kaufman told Council the city has to decide how best to spend their money; rather than buying a park, they could purchase existing devices. Barbara Schey said the alert system should be addressed in this ordinance as it is more equitable. Ms. Roach said she would like to see the public being given more credit for their ability to respond. The city should rely more on voluntary compliance rather than legislation. Steve Hopp said it may be short-sided to encourage the use of natural gas as there may be shortages in the future as there were a few years ago. Ms. Caskey said putting this in the ordinance was a compromise for people who do not want to add heat but do want the amenity. Jim Martin said this law will not solve the problem over the long haul, and there are other things that may be more effective. Martin said if the public is informed that their fireplaces are adding to the black cloud, they will cooperate and avoid burning before the smog is created. Sy Coleman said it may be the wrong approach to legislate what people can put inside their homes. The real public interest is the impact on the public health outside the homes and lodges. Coleman said there are scientific ways of regulating what people may do in terms of what comes out of the smoke stack. Coleman said it may make more sense to ban burning on certain days, and this would apply uniformly to everyone. Pavisha agreed Coleman's solution is better than the proposed ordinance. 27 Re~ul~z~ Meeting ......... Aspen ~ity- Council September 23, 1985 John Doremus said the staff has been convinced enforcement would be unbelievable. Doremus said enforcement will cost money but will not be that difficult. Doremus said he would would like the CAAB to reconsider this approach because of the strong sentiment in favor of non-burning days. Jim King, state depart- ment of health, told Council trying to predict the next day's air pollution is difficult and the program of voluntary compli- ance of not driving was not very successful in the Denver area. Herb Klein said the 3:1 replacement program is an opportunity to solve concerns that have been expressed and ought to reduce air pollution. Klein told Council Coleman's proposal has merit if it were clear it would work. There are problems because an inver- sion has to be predicted, which is difficult, and then people have to be notified. Enforcement Of people burning during an inversion would be after the fact. Dwight Shellman extended his thanks to the Clean Air Board as unpaid citizens doing a very hard job, and hoped Council will follow their recommendations. Sally Roach said that people willing to sell their fireplaces probably don't use them anyway. Doremus said he believes this phenomen will be going across the county, and someone will come along with a solution that really works and this ordinance will be outdated. George said the other 70% of the pollution has to be addressed as well as fireplaces. Mayor Stirling closed the public hearing. Councilwoman Fallin said this is a first step toward solving the problem. Councilwoman Fallin said the air in this valley has to be cleaned up by everyone and this ordinance should be presented to the county and to Snowmass Village. Councilwoman Fallin agreed the parking situation has to be resolved. Councilwoman Fallin said RFTA should be encouraged to purchase clean buses, and that the buses on arrival at Rubey park should turn their engines off immediately. Councilwoman Walls said she hopes the CAAB will present Council with an ordinance to deal with the existing fireplaces. Councilman Isaac said he would like the confusion about remodeling cleaned up. Councilwoman Walls moved to adopt Ordinance #47, Series of 1985, on second reading as amended with the clarification on remodel- ing; seconded by Councilwoman Fallin. Mayor Stirling said the city should start where the largest problem is, with the buses and cars. Mayor Stirling said the smoking issue is all negative, no smoking is controllable and enforceable and is applied universally. Mayor Stifling asked how much the enforcement will cost the city. Ms. Cassin said it would take a full time person to work on voluntary compliance and on Coleman's proposal. The existing ordinance takes about 28 Regu~-ar~ Meeting ........ --Aspen City--eouncit September ,23, 1985 one 1/2 time person. Mayor Stirling said there are benefits of a fireplace, cooking, heating the house. Fireplaces are one of the highest requested amenities from guests. Mayor Stifling said he would like to examine limiting times of burning rather than fireplaces before adopting this ordinance. Mayor Stifling said this ordinance is inequitable, some people can have fire- places and some cannot. Mayor Stirling said he does not feel this will help with the existing problem. Councilman Isaac agreed the city should tackle controlling the existing fire- places. Councilman Isaac said he would like the property managers to put together a program for controlling this. Roll call vote; Councilmembers Walls, yes; Isaac, yes; Collins, yes; Fallin, yes; Mayor Stifling, no. Motion carried. Mayor Stifling thanked the Clean Air Board for all their work. Cf}DE~ AMENDMEN~-RE- ~ L-e~-S-PL-I~S Gideon Kaufman told Council if someone wants to do a lot split, it is required there be a pre-existing dwelling on the lot. Kaufman said in 1974 lots were merged into one ownership. The only way to unmerge is to go through the lot split procedure. One of Kaufman's clients wanted to sell two lots, and had to construct a dwelling in order to sell off the lots. Councilwoman Walls said she would be in favor of this code amendment. Kaufman said this is the antithesis of the GMP in that it requires development. Mayor Stirling moved to direct P & Z to initiate the process of amending Section 24-11.2(d) of the Municipal Code addressing that undivided parcels have to have a dwelling; seconded by Councilwoman Walls. All in favor, motion carried. PA{N~I~G - eN THB -B4~AND B{31DD~N8 Gaard Moses told Council if one is going to paint something over 20 square feet, they have to have the approvals of HPC and Council. Moses presented his painting, and told Council a wall design was put on this spot in the 1930's. Moses said the painting will contain the Silver Queen, Patriotic Sons of America, who met in this building, and other historic elements. Mayor Stirling moved to give permission to Harley Baldwin to hire someone to paint the south wall of the Brand building during the renovation; seconded by Councilman Collins. Councilwoman Walls said she would like the motion to include changing the sidewalk back to its original. Councilman Isaac agreed that sidewalks should be discussed. 29 /_~ Regu]-~p-Mee-ting ~spen- C~ty Council September' 23-,-1985 All in favor, with the exception of Councilmembers Isaac and Walls. Motion carried. ORDINAN~ej~ ~#54,~E~R~IEe~eF 1985 - Council Meetings Outside Corpor- ate Limits City Manager Schilling said this is a follow up after a report by the accessibility committee. Staff has been working with the committee to implement some of the no cost options to move toward accessibility. The proposal is to move Council meetings from this room, which is fairly inaccessible, to the Community Center. The city attorney has pointed out some risks of making that move. City Attorney Taddune said the ordinance presents findings that the Community Center is an acceptable alternative for meetings, it is within walking distance of city hall, is more accessible to the handicap and there is an abundance of parking. Councilwoman Fallin asked if the staff researched other places for meetings as the meeting room at the community center is not a great place for meetings. Mayor Stifling said he feels meeting outside the city limits is questionable. Mayor Stirling said the meeting room will be relocated on the first floor of city hall in the next year. Mayor Stirling pointed out the Council needs materials from staff offices during meetings. Councilman Isaac moved to read Ordinance #54, Series of 19857 seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #54 (Series of 1985) AN ORDINANCE ESTABLISHING THE MEETING ROOM OF TEE COMMUNITY CENTER LOCATED AT 0100 LONE PINE ROAD IN THE UNINCORPORATED AREA OF PITKIN COUNTY AS AN ALTERNATIVE PLACE TO CONDUCT MEETINGS OF THE CITY COUNCIL OF THE CITY OF ASPEN was read by the city clerk Councilman Isaac moved to adopt Ordinance #54, Series of 1985, on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Fallin, yes; Collins, yes; Isaac, yes; Walls, yes; Mayor Stirling, no. Motion carried. ORD~-NANCtE~ #55~, SER~E~-OF--~985 - Red Roof Inn Sale City Manager Schilling reminded Council on August 12 they accepted an offer from Red Roof to purchase this property over a period of time. Red Roof conditioned the offer on the Council 30 Regular Meeting Aspen City CouncL1 September 23, 1985 having the right to approve the prospective buyer. Council has a packet from MPM, who is proposing to buy the Red Roof. The proposal alters the term purchase from a 4 year buy out at 10 percent interest to a 5 year buyout at 10 percent with a $500,000 down payment at closing. Staff supports the extension of one year as the money must go to bond redemption payouts, it would be in the city's interest to have a longer term. City Attorney Taddune told Council this is a non-recourse note and the city would only have the property to fall back on. Taddune told Council he would prefer a recourse note. Taddune told Council the ballot question governs the development. The ordinance outlines the basic elements of sale price of $2,500,000; $500,000 cash at closing; $2,000,000 at 10 percent interest, note is non-recourse. The lease will be terminated by agreement, and the city will have no further expectations. There is consent by the city of resale to a third party. Dick Wilhelm, representing MPM, told Council they have agreed to liability for repairs to the roof as the rooms have leaks showing so this is a matter of urgency. Schilling recommended Council direct staff to refine the agreement before second reading of the ordinance. Wilhelm told Council the potential purchasers are himself and three partners. The packet presented to Council outlines the background of the partners. Wilhelm said his group would like to get in the property and get it ready for this winter season. Wilhelm said the tentative name is Aspen Lodge and Country Club. Councilwoman Walls said she objects to any more names containing Aspen. Councilman Collins asked who pays the real estate commission. Schilling said there may be a commission that may be a debt of the city. Mayor Stirling asked about the real estate transfer tax. Taddune said the RETT would be exempt on the first stage and payable on the second when the transfer goes from Red Roof to the partnership. Mayor Stifling moved to read Ordinance #55, Series of 1985; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #55 Series Of 1985 AN ORDINANCE APPROVING AN AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE BETWEEN RED ROOF INNS, INC. AND THE CITY OF ASPEN, COLORADO PROVIDING FOR THE SALE OF LOT 2, GOLF COURSE SUBDIVISION (COMMONLY KNOWN AS "THE RED ROOF INN") BY THE CITY OF ASPEN TO RED ROOF INNS, INC. FOR THE PURCHASE PRICE OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00), SETTING FORTE THE TERMS AND CONDITIONS FOR SUCH SALE, AND AUTHORIZING TEE MAYOR TO EXECUTE SAID AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH SAID SALE Reqular Meeting Aspen City Council September 23, 1985 ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Isaac moved to adopt Ordinance #55, Series of 1985, on first reading; seconded by Councilwoman Fallin. Roll call vote; Council members Isaac, yes; Fallin, yes; Walls, yes; Collins, yes; Mayor Stifling, yes. Motion carried. Councilwoman Walls moved to continue the meeting to September 30, 1985, at 6:00 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Council left Chambers at 10:45 p.m. K~h, City Clerk 32