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HomeMy WebLinkAboutminutes.council.19870629Continued Meeting Aspen City Council June 29. 1987 CITIZEN PARTICIPATION 1 COUNC ILME MB ER COMMENTS 1 FINAL PUD/SUBDIVISION - Agate Court (Victorian Square) 2 ORDINANCE #27, SERIES OF 1987 - Canyon Cable Easements 8 COORS CLASSIC CONTRACT 9 REQUEST TO USE MAROLT PROPERTY - Historical Society 10 EMERGENCY REQUEST TO USE RED ROOF INN BY M.A.A. 13 ORDINANCE #29, SERIES OF 1987 - Extending Appeal Period for Historic Scores 14 FLOOR AREA RATIO REDUCTION 15 LIQUOR LICENSE RENEWAL - Paragon 16 18 Continued Meeting Aspen City Council June 29, 1987 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Isaac, Fallin, Gassman and Tuite present. CITIZEN PARTICIPATION 1. Jon Busch pointed out an article in the Rocky Mountain News on the legislators trips to Europe to look at mass transit systems. Members of the state legislature, RTD Board and state highway department are leaving in July for a 10 day tour of mass transit systems in Europe. Busch said someone from Aspen should be on that trip because Aspen has the same pollution problems and it would be in the community's best interest. Councilman Isaac said it might be a good idea for Bruce Abel to go on this trip. Mayor Stirling said he and Bruce Abel looked at the itinerary and it does not look like any new news for RFTA. Abel is going to talk to the RFTA board about this trip. Mayor Stirling moved to direct the city's representative, Bill Tuite, at the RFTA meeting to explore the issue further and see if there is a recommendation to be made to Council; seconded by Councilwoman Fallin. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Isaac told Council he met with City Manager Bob Anderson and Commissioner George Madsen to discuss the pos- sibility of a joint manager. Councilman Isaac said this has been turned over to the Commissioners to formulate what kind of services they would like a joint manager to perform. Councilman Isaac said this should be back to Council by the July 13th meeting. 2. Councilman Tuite brought up the $3,000 given to a private citizens group studying consolidation. Councilman Tuite said City Manager Bob Anderson is going to try to work out a contract with the city or county, have the funds go to that entity, and have them administer the contract. 3. Mayor Stirling said Governor Romer is going to speak in Aspen next week as the monthly ARA meeting. Governor Romer would like to meet with the city Council at 3 p.m. that day Wednesday, July 8th. 4. Mayor Stirling said on Cargill, is arriving in Aspen community, especially Maroon deterioration of that facil Councilmembers want to join p.m. that day. July 14th, the regional forester, and will visit the parks around the Bells, to look at the erosion and ity. Mayor Stirling said if any that tour, it is from 9 a.m. to 1 1 Continued Meeting Aspen Citv Council June 29, 1987 5. Mayor Stirling said he would like to reconsider the art and alcohol issue. Council voted 4 to 1 against a liquor license request from the Aspen Artists Galley. Mayor Stirling said the Wheeler serves alcohol every night it is open as does the Art Museum. This seems to be making exceptions for city-owned facilities. Mayor Stirling moved to reconsider the application for a liquor license from the Aspen Artists Galley on July 13, 1987, agenda; seconded by Councilwoman Fallin. All in favor, with the excep- tion of Councilman Isaac. Motion carried. 6. City Manager Bob Anderson told Council city staff will be attending the excellence in listening course over the next 3 days. Mayor Stirling asked why this course is being held on week days rather than a weekend. Anderson said he could negotiate a better deal on the week days. Also, the provisions of the new federal law on overtime would make it an overtime deal for many employees attending this course on a weekend. FINAL PUD/SUBDIVISION - Agate Court (Victorian Square) Steve Burstein, planning office, told Council P & Z gave prelimi- nary approval April 21st. Council has not seen this project since conceptual approval. Burstein told Council there are two duplexes close to Seventh street. The concept is to locate them 30 feet back from Seventh in order to have a bermed area to provide a sound and visual buffer. There are six single family lots which have not been developed in detail. There are foot- prints for these lots to help save the existing trees. The landscaping scheme is to try and save as many of the trees in their existing location as possible. P & Z and staff are impressed with the job the applicant is doing in trying to save the trees. The applicant will locate some of the trees to the bermed area. Burstein told Council within 24 months of the issuance of the first building permit, demolition of all the existing buildings will take place. A height variance was worked out with the P & Z which allows for 3 feet above the allowed height, 25 feet, provided that a proportionate amount of the ridge line is below the 25 foot limit. The site coverage and landscaped area have also been specified, in part to compensate for the additional height requested as well as to make the project more compatible with the west end neighborhood. The site coverage is to be no more than 37.6 percent of each lot; the landscaped area is about 54 percent. Burstein brought up tree #27; staff feels where it is located, at the edge of the lot, it could be saved. The question is how much area should be undeveloped next to the trunk. Staff feels the foundation should not be any closer than 2 Continued Meeting AsAen Citv Council June 29, 1987 the drip line of the trees. The drip line of tree #27 goes out about 15 feet; the branches go out 12 feet. Staff is recommend- ing 12 feet so the tree can be saved. Burstein said that tree is a site amenity and there is a concern to save all significant existing trees on the property. Burstein brought up the issue of architectural review; staff would like some ability to monitor how the architecture changes. Councilman Isaac said the city does not normally have architec- ture review. Burstein said as part of the PUD agreement, architecture review is a criteria and to insure this is com- patible with the neighborhood. Burstein said that is a typical component of any PUD agreement. Burstein recommended Council approve final plat subject to 4 conditions listed in the planning office memorandum. Burstein pointed out in condition #2, he and the applicant discussed how long the planning office should have to review the architecture. Burstein suggested 5 days within receipt of the plans, and also suggested adding that language to the agreement. Doug Allen, representing the applicant, said this only applies to the two duplex sites. Mayor Stirling asked how the review will work within the planned unit development. Allen said there will be an association formed to be sure that the development within the block is compatible with the houses in the block and in the neighborhood. Council- woman Fallin asked about the street cut on Seventh street. Burstein told Council the applicant was willing to have a continuous curb. The fire department felt they could live with that. P & Z felt it was better to be able to have a service access that exits onto Seventh street. This was worked out to have a landscaped look with brick pavers. Allen said there will be signs that this is a service access only with no left turn coming out. Allen told Council the two duplex lots and lots 4 and 5 were approved by P & Z to exceed the height limit as long as there is compensation ridge line and roof height below the maximum height so that the massing is not there. Allen pointed out as presently designed, the duplexes do not exceed any height limitations. Councilman Isaac asked why there is a stipulation not to condo- miniumize within 18 months of development. Allen said the duplexes are the only units with a potential to be condomini- umized. Burstein said the concern was the existing units on the property, which may fall within the employee housing guidelines. If the applicant condominiumized within 18 months, they need to meet the regulations of deed restricting some units. The applicants took the option of waiving 18 months after demolition. Councilman Isaac said there will be no employee housing associ- ated with this project because none of the existing Agate units 3 Continued Meeting Aspen City Council June 29, 1987 meet the employee housing guidelines. Allen said that is correct. Councilman Isaac said one problems he has is the applicants have 24 months from the time a building permit is obtained until they take out the old buildings. Councilman Isaac said he would prefer removing the old buildings where there is a first excava- tion. Allen said this project is under contract; one of the conditions is that this close on July 2nd. A condition of the lender is that the applicant try and maintain some of the units for income to offset the outgo on interest expense. The econom- ics of the project dictate maintaining the employee units during the development phase. Allen brought up tree #27 (crabapple tree). Allen told Council he has had conferences with the parks department who feel it will effect the tree if construction comes in under the drip line. Allen showed pictures of the trees, and told Council no tree s have been removed from the site or pruned to the ground. Allen said the applicants could have pruned the tree back and have less of a problem to deal with. Allen told Council parks department has suggested doing away with this tree and replanting another one on the lot. Allen pointed out they have given up substantial footprint on two of the lots and have left a lot of green area on the blocks. Allen said when one configures a lot around a tree, it adversely effects the salability of the lot. Allen said the applicants are willing to notch in the house to 9 feet, or transplant the tree or replace the tree. Bill Ness, parks department, said the best thing to do is replace the trees. Allen said tree #27 and transformers are the only two outstanding issues to deal with. Allen reminded Council during conceptual the applicants were told they would not be double dipped for the cost for the electric for the block. Allen explained when the undergrounding was done, a transformer was set out at one end of the block. In most of the west end, there are two transformers set per block. There is not enough demand in this block for two transformers. Allen said the applicants feel entitled to two transformers on that block. Allen told Council the electric department want them to pay for the second transformer. The applicants and city have agreed to the location of the trans- former but question them having to pay for it twice. Mayor Stirling objected to the height variation and would not vote for that to be included. Mayor Stirling pointed out the west end is being overwhelmed with large structure. Mayor Stirling said retaining trees is a positive aspect of the project; Mayor Stirling said he would like not to see any trees removed. Allen reiterated the design of the duplexes does not go over the height limit. Mayor Stirling said he would like no 4 Continued Meeting Aspen City Council June 29, 1987 height variations. Councilwoman Fallin pointed out the appli- cants were able to design Victorian-style buildings without going over the height limitation, so they should be able to continue to stay within the height restrictions. Burstein pointed out P & Z felt with the 12/12 pitch as the base of the beam that is the only element that can exceed the 25 feet limit. Allen said P & Z felt if one is able to create a steep pitched roof and not have it through the whole house but have lower roof elements, this visually reduces the structure. Allen pointed out there are some severe footprint constraints on lots 3 and 4 in being asked to retain the trees. Councilwoman Fallin asked if the crabapple tree will survive a move. Burstein said the changes of survival are not great. If the applicant is insistent in trying to build so close to it, it is better to take the tree away, relocate it or replace it. Councilman Gassman said the city should be saving the trees on the outside of the area that have benefit to the public. This tree will only benefit the purchaser of the lot. It makes more sense for the public to remove or replace the tree. Councilwoman Fallin said she does not have any problem with relocating this tree. Councilman Gassman said people are talking about this project being compatible with the west end. Councilman Gassman said he cannot think of a Victorian house that is sunk behind a berm. Councilwoman Fallin said the history of this is the setback and separating the lots from the entrance to town rather than with the Victorian flavor. P & Z wanted a setback and a berm with trees planted on it to screen the project. P & Z also felt that the berm and the landscaping would help buffer the noise. Councilman Gassman said the berm becomes a benefit to the homeowner and not the city and doesn't accomplish anything. Burstein said the idea was for noise and visual protection. The berm originally was to be 8 feet, now it is a 4 or 6 foot berm. This is to be irrigated so that it will be maintained. Allen said it may achieve a better visual effect if there were a low stone wall around the property with trees on both sides of it. Allen said the applicants are not wild about the berm. Councilman Isaac said having fences all along the entrance to Aspen would be forbidding. A landscaped berm is more pleasant to look at than a f ence. Councilman Isaac said he would prefer to leave it the way it was designed. Allen told Council conditions 3 and 4 are all right; in 2, they would prefer to have the homeowners association deal with the architectural matters as in 1010 Ute and Aspen Chance, in #1 their first preference is to replace the crabapple tree, the second preference is to transplant it. Elyse Elliott, engineer- 5 Continued Meetina Aspen Citv Council June 29. 1987 ing department, told Council the intent of the undergrounding program was to build the electric lines according to what is presently there. Ms. Elliott told Council staff determined the electrical demand of the Agate as existing and the location of the transformers. Ms. Elliott said any work that is done after the underground district has gone through should be up to the developer to provide. Councilwoman Fallin said she thought the developer discussed this earlier with Council. Allen said it was his understanding Council gave the agreement they would not have to pay extra for the transformer. Allen said P & Z and staff did not agree with this and told the applicant to make their case before Council. Ms. Elliott told Council when there is additional demand on the system, the developer has to pay for the new transformers. Butch Clark, applicant, told Council when the electric department talked to him, they told him there wold have to be two trans- formers. Clark said he told them he would prefer they not be on fee simple property but be located on city property. The electric department said they would locate them on city property, one at each end. Clark said he understood the city would put in two transformers; if larger transformers were needed, the applicant would pay for them. Councilman Isaac asked why two transformers were not installed. Ms. Elliott said she did not know but only one transformer was put in. Mayor Stirling said his recollection was it was to be left up to the consulting engineer to install what the block needed. If more transformers were needed because of the development, that would be up to the developer. Clark said there was only one secondary 20 feet away from the transformer installed. Mayor Stirling said the issues to be settled are the transformer, the crabapple tree, whether the city should be involved in architectural review, the height variation, and the berm. Fred Gannett, city attorney's office, pointed out in the covenants, it states that the developer is the architectural control committee until all units are sold. Mayor Stirling moved that the city pay for the undergrounding of utilities in block 17 between Sixth and Seventh street at an approximate cost of $3,000; any additional transformer that is required will be the responsibility of the developer; seconded by Councilman Tuite. Mayor Stirling said if there should have been a second trans- former put in at the time the undergrounding work was done, the city should pay for it. If the existing needs are only for one transformer, then the transformer should be paid for by the developer. 6 Continued Meeting Aspen City Council June 29, 1987 All in favor, motion carried. Councilman Isaac said he would like the tree replaced with a fair size tree, comparably sized. Allen said the developer agreed on the other trees to be installed that they would be at least a 4 inch caliber. Burstein said the concept is to replace any trees, they should be at least one-half the size of the tree that is being replaced. Mayor Stirling said they could relocate the tree, and if it dies replace it. Councilman Isaac moved to replace the crabapple tree at least half that size within the same lot to a site which is more beneficial to public view; seconded by Councilwoman Fallin. All in favor, with the exception of Mayor Stirling. Motion carried. Mayor Stirling asked if there is any precedent for the chairman of P & Z to be the architectural review of a project. Burstein told Council there is a fairly conceptual idea for the final PUD. In some cases there is a specific theme presented. Burstein said there is a valid concern if the quality of design were to go down, the basic architect review function given to P & Z is not well served. Councilman Gassman said the city does want this project to look nice; however, PUD has to do with the planning characteristics of the block layout. Councilman Gassman said he has reservations about getting the city into reviewing architec- ture or design. Councilman Gassman moved to have the homeowners association, when formed, be the architecture committee; seconded by Mayor Stirling. Councilman Isaac said when the developer sells all the buildings, there is no review board. Allen said there is no precedent f or this arrangement. Also in the other west end blocks there is no architectural review. Councilwoman Fallin said the P & Z put the PUD on this block because of its sensitivity to the city. P & Z wanted some review of this block. Burstein noted the review is only on the duplex lots. Mayor Stirling said he does not like the idea of the city getting involved in design review. All in favor, with the exception of Councilmembers Fallin and Isaac. Motion carried. Mayor Stirling moved there may be no height variation allowed for this planned unit development; seconded by Councilman Tuite. All in favor, motion carried. Councilman Gassman moved not to require a berm; seconded by Councilwoman Fallin. 7 Continued Meeting Aspen City Council June 29, 1987 Councilman Tuite said he would not like to see a 6 foot fence at this corner. Butch Clark said he would also prefer no fence. Councilwoman Fallin said Council could specify the landscaping and the trees without a berm. Councilman Isaac said the berm is a benefit to the people living in the duplexes; it will cut some of the noise out and protect the view. Councilman Isaac said he does not like the precedent of putting a fence along the streets in town. All in favor, with the exception of Councilman Isaac. Motion carried. Mayor Stirling moved if a fence is put in, it not be higher than 42 inches at any point on the west side of the property; seconded by Councilman Tuite. All in favor, with the exception of Councilmembers Isaac and Gassman. Motion carried. Councilman Gassman moved to approve the Victorian Square final subdivision planned unit development plat with the amendments; seconded by Councilwoman Fallin. Allen said everything else has been incorporated into the PUD agreement and committed to by the developer. Ms. Elliott said the engineering department would like some language put on the plat about the possibility of highway 82 being widened and the condemning of up to 8 feet for the setback. Allen said that will be on the plat. All in favor, motion carried. Mayor Stirling moved to put the shared costs of the Aspen Mountain Landslide proposal on July 13 agenda; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #27, SERIES OF 1987 - Canyon Cable Easements Councilwoman Fallin moved to read Ordinance #27, Series of 1987; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #27 (Series of 1987) AN ORDINANCE APPROVING AN UNDERGROUND RIGHT-OF-WAY EASEMENT AGREEMENT BETWEEN CANYON CABLE TV AND THE CITY OF ASPEN, COLORADO, PROVIDING FOR THE CONSTRUCTION, REPAIR, MAINTENANCE AND OPERATION OF AN UNDERGROUND TRANSMISSION CABLE~TO DISTRIBUTION LINE, OR BOTH, TO BE LOCATED ON THE CITY OWNED "THOMAS PROPERTY" SETTING FORTH THE TERMS AND CONDITIONS FOR THE GRANTING OF SUCH UNDERGROUND EASEMENT, AND AUTHORIZING THE MAYOR TO 8 Continued Meeting Aspen City Council June 29, 1987 EXECUTE THE AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO GRANT THE EASEMENT ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Isaac moved to adopt Ordinance #27, Series of 1987, on first reading; seconded by Councilwoman Fallin. Elyse Elliott, engineering department, told Council this evolved when the state highway department put up the new traffic signal at Maroon Creek and Canyon Cable was asked to remove their line. Ms. Elliott told Council the city gave them the okay to bury their lines on the Thomas property. Kelly Bloomer, Canyon Cable, told Council they also agreed to indemnify the city that if the underground facilities precluded any development in the future, they would relocate them. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. COORS CLASSIC CONTRACT Patsy Malone reminded Council they wanted to consider the second stage of the bicycle contract. This stage will go over Indepen- dence Pass to Copper Mountain. Ms. Malone said the city was not aware there would be additional costs associated with the second stage. Ms. Malone told Council the Coors people, when getting permission from the state for the second stage, did not realize there would be a problem in getting funding. Coors was under the understanding that the city, county and ARA were in full support of the race. Mark Joseph told Council the fee has been 58,000 for the last 3 races. It has been raised to 510,000 which is the same as other communities. This increase is not due to the second stage. Joseph said the main requirement is for more rooms and meals. Coors has lowered that requirement somewhat. Joseph told Council Coors is putting a great deal into this race. Councilman Isaac said Council voted to keep the city contribution at 525,000. Councilman Isaac asked what the city's contribution is and how much more is needed. Ms. Malone said the fee charge will be increased by 52,000 and the bed base by 232 beds or the equivalent of 54,640. The meal requirement for breakfast on Sunday will require an additional 51300, which includes donations from the community. Ms. Malone said she worked with Coors Classic and was able to reduce some bed and meal requirements. Councilman Gassman said this is a worthwhile event to support and will develop into a much bigger event in years to come. Council- man Gassman said the atmosphere around town during the race is 9 Continued Meeting Aspen City Council June 29, 1987 very good and the event is positive for the town. Councilman Gassman said the city has an association with the Coors Classic and it is important to maintain it. Councilwoman Fallin said it is ridiculous to spend so much money when the last year' s coverage was 30 seconds. Councilwoman Fallin said this year there is no television commitment. Mark Joseph said there is a large WTBS commitment, and they will be feeding to other television stations. Councilwoman Fallin said there is not a lot of publicity connected with the event and it costs the community $100,000. The race does not bring people to town; there is no marked increase in business. Councilwoman Fallin said she is willing to give $25,000 and no more. Mayor Stirling moved that Council make a supplementary allocation of up to $5,000; seconded by Councilman Gassman. Councilman Isaac said there has to be a limit of how much the taxpayers are willing to spend to sponsor this race. Councilman Isaac said it is a special interest group, and they should spend the money for the race, not the taxpayers. The lodge and restaurant community subsidize the race over and above the city's contribution. Councilman Isaac said the city has no say on the days the race is in town. Councilman Tuite agreed there should be a limit on how much is spent for this race; however, it is getting a little late for this year. Councilman Tuite said he would like to discuss this in more depth with the ARA, the lodging and the restaurant association to see if this race is worth the money. Joseph said the actual crowds that show up for the race are large. This may not happen if the race were changed to a weekday. Councilman Gassman agreed on a meeting after the race to hash out some of the problems and positives of th e event. Councilman Gassman said the Coors Classic is a top notch, world class event. All in favor, with the exception of Councilmembers Isaac and Fallin. Motion carried. RE UEST TO USE MAROLT PROPERTY - Historical Society Mayor Stirling moved to table discussion of the Marolt house until July 13; seconded by Councilman Isaac. All in favor, motion carried. Carl Bergman, representing the historical society, reminded Council they had appeared before with a request to move the barn from the Marolt Property to the historical society. Bergman said there was opposition to moving a barn into a residential neigh- borhood. Bergman requested Council give the historical society the barn to restore it to its original state and to make it a 10 Continued Meeting Aspen_CitY Council June 29, 1987 ranching exhibit. Bergman said Council instructed him to work with the city manager. Bergman told Council this barn was built in 1891. Bergman said they have hours of operation, plans for funding raising and time tables for the project. Bergman said the bridge and bike trail give great access to the barn. The goal is to restore and to establish a ranching museum, and to obtain approval from the city for a 99 year lease. The historical society would contact 12 ranchers in the area explain- ing how the historical society has a location and a structure to housing a ranching museum. Bergman said the historical society would ask for funds on the basis they were prepared to start immediately restoring the building. Bergman said because these individuals are specifically interested in ranching, they expect to receive 80 percent of the needed $50,000 from these 12 people. The remaining part of the money will be raised by a committee of 6 ranchers. Bergman said the money will come only from ranchers. Bergman told Council there are a lot of artifacts being saved by ranchers. Bergman told Council the hours of operation would coincide with those of the historical society. Doug, architect, told Council they would need parking spaces for the museum. Doug said he plans one area for outside exhibits and some corrals. Doug said no new structures are proposed for the area. Doug said there is $10,000 allocated for site improvements. Councilman Isaac said he likes the concept but has concerns about using this barn in the winter. Councilman Isaac said access from highway 82 and keeping the road plowed are problems in the winter. City Manager Bob Anderson said staff may recommend access off Castle Creek road, rather than highway 82. Councilman Isaac said he would like to see more use of the Marolt property. Councilwoman Fallin said she is concerned about the use of open space for anything other than open space. Councilwoman Fallin said the barn has been there for a long time, but can it be used for a ranching exhibit and stay within the guidelines of open space. Councilman Isaac said he would like to continue to pursue the request of the historical society. Anderson told Council he has requested an opinion from the city attorney on the use of this property. Anderson said the ballot language for the sixth penny address open space and capital facilities, which gives some flexibility. This comes down to a political decision of Council. Steve Burstein, planning office, told Council if they are interested in pursuing this use, there are some land use approvals to go through. The property is zoned R-15/PUD/SPA. A museum is a conditional use in that zone, and it would be 11 Continued Meeting _Aspen City Council June 29, 1987 necessary to have a conditional use hearing and PUD/SPA review before P & Z. Councilman Gassman said he has a problem with using open space purchases for non open space purposes. Councilman Gassman said there may be all kinds of demands to use the Marolt property, like there have been with the golf course. Councilman Gassman said as time goes by and property becomes more valuable, the open space purchases made by the city will come under more and more pressure to be developed. Councilman Gassman said Council owes it to the future to be very cautious in developing these proper- ties. Councilman Gassman said this is just a little portion of a large piece of real estate, and he has reservations about developing a big piece of real estate by just one parcel of it. Councilman Gassman said he does not feel this should be developed; however, if it is going to be developed, it should be done as a whole with a plan for the whole property. Councilman Gassman said Council should also look at other uses for the property. Councilman Tuite said Council has not looked at the Marolt property since it was purchased several years ago. Councilman Tuite said to tie up just one piece of property may be committing the city too soon. Fritz Benedict told Council the Pitkin County Parks Association has done some planning on the Marolt property. Benedict said the M.A.A. had proposed to use the barn as rehear- sal space. Councilwoman Fallin said the Nordic council has also requested to use the space as office. Doug said their request for this specific piece of the property is that it has been an important building, historically, to the town. The historical society would like to see that maintained so that future genera- tions can see what the buildings were like. Councilman Isaac said Council should have a study session and get all the interested parties together to hear what the proposed uses are for the entire Marolt parcel. Councilwoman Fallin said she is not a proponent of this plan; however, the barn is historic and is historic in its location and should be preserved, even though this is open space. Councilwoman Fallin proposed a task force to bring to Council a proposal for the use of the Marolt property. Mayor Stirling said he would like to h ave a study session on the uses of the Marolt property. Alan Richman, planning director, reminded Council they have a specific plan for the property in their adopted open space plan element. This plan is directed toward passive open space. Richman said with competing uses, this plan may be out of date. or it may be right on for what the community wants for the site. Richman said staff and P & Z spent a lot of time on the plan for this site. 12 Continued Meeting Aspen City Council June 29, 1987 Councilman Gassman said he would like Council to see the work that has been done so far and look at the property as a whole and either reaffirming the plan or changing it. Mayor Stirling said Council did give permission last year to construct a biodome on the property. The traditional uses of the Marolt property are what has prevailed there; a landing site for hang gliders, a community garden, and cross country trails. Mayor Stirling said what is unique in this proposal is this is a historic building on site. Mayor Stirling agreed with having a work session what Council wants to see happen on the Marolt property. Council scheduled a work session for August 17th on the potential u ses for the Marolt property. All in favor, motion carried. Councilman Isaac said he would like to know the legal restric- tions on the Marolt and Thomas properties before the work session. EMERGENCY REQUEST TO USE RED ROOF INN BY M.A.A. Mayor Stirling told Council he received a call from the M.A.A. saying they were significantly short of housing f or this summer. Mayor Stirling suggested the Red Roof as a potential location for students. City Manager Bob Anderson recommended the city work something out with the M.A.A. Anderson said the downside to this is that the city is in negotiations with someone to buy the property. Anderson told Council the city's insurance carrier had advised it is problematic from their point of view for the city to be half in or out of the rental business. CIRSA f eel s the city should either keep the property closed or run a hotel with full staff. Anderson said what distinguishes this request is the M.A.A. is willing to look at a block of rooms only, isolated from the rest of the premises, and only needs 25 or 30 rooms. Anderson told Council the M.A.A. would provide dormitory super- visors. The M.A.A. will pay the city a rate comparable to the rates they pay hotels for rooms during the summer. Anderson said he asked the M.A.A, to check with the potential buyers of the property, who do not have absolute standing because they do not have a contract. Anderson said in the Infotel proposal to the city it states in the initial year some con- sideration would be given to the M.A.A. Inf otel may request a short notice period if they were ready to move into the property at the end of the season. M.A.A. representative told Council they have students they need to put in the Red Roof Inns through August 24th and it would be difficult to have the students move in the last week of their study. Anderson said this can probably be negotiated. 13 Continued Meeting Aspen City Council June 29, 1987 Mayor Stirling said this property is very pivotal to the com- mun i ty . Council should discuss in depth the effect of selling the property and whether it is the best thing for the city to do. Mayor Stirling moved to direct staff to work with the M.A.A. to house 41 students and donate the space and that it will cost the city no money during this time; seconded by Councilman Tuite. Councilwoman Fallin asked if this throws any kink into the current sale negotiations. Anderson said this should not, and he made this fairly clear to Inf otel. Mayor Stirling said any costs related to the M.A.A.s utilization of this property, including utilities, would be the Music Associates costs but the city will charge no rent. Jesse Berger, M.A.A., told Council he contacted a representative of Inf otel, who had no objections to the M.A.A. using the property. Councilman Tuite asked what the M.A.A. is doing for future housing needs. Fritz Benedict, M.A.A., told Council they have been talking to the housing authority. Mayor Stirling said one of the highest priorities the previous Council gav e to the housing authority was music and artistic housing. Mayor Stirling said the cash-in-lieu is beginning to build a fund for these types of housing. All in favor, motion carried. ORDINANCE #29, SERIES OF 1987 - Extending Appeal Period for Historic Scores Councilwoman Fallin moved to read Ordinance #29, Seris of 1987; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #29 (Series of 1987) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING ORDINANCE #11, SERIES OF 1987, TO EXTEND THE PERIOD OF TIME FOR APPEAL OF RATING OF STRUCTURES ON THE INVEN- TORY OF HISTORIC STRUCTURES was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #29, Series of 1987, on first reading; seconded by Councilman Gassman. This ordinance will extend the appeal date to September 10, 1987. Councilman Isaac said the Council will not have adopted a new ordinance by then, and will people not feel any more secure by September 10th. Steve Burstein, planning office, told Council this gives people the ability to appeal their historic rating to Council until September 10th. Fred Gannett, city attorney's office, told Council the 120 day appeal period was an instruc- 14 Continued Meeting Aspen City Council June 29, 198.7 tion given to staff from Council at the last meeting. Council- man Isaac said this may force everyone to appeal because they do not know what the regulations mean or what restrictions may befall them. Councilman Isaac said he would like Council to adopt the incen- tive ordinance first. Alan Richman, planning director, told Council structures rated 4 and 5 have already had regulations applied to them by Ordinance #11, 1987, regarding demolition. Richman reminded Council these structures have no opportunity for incentives unless they voluntarily designate their structure. Richman said he hopes by September 10th the incentive program will be available. A citizen suggested sending a letter detail- ing this to all people with scores of 4 and 5 so they will understand the implications. Burstein said staff is working on a fact sheet to outline the status of historic preservation. Council directed staff to circulate a draft of this to Council before the public hearing. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Isaac, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. FLOOR AREA RATIO REDUCTION Alan Richman, planning director, told Council the staff is working on definitions in the city code in an attempt to simplify them. Richman said Council and staff have been hearing concerns about floor area ratio. Richman said he has been looking to see what can be done to reduce the FAR. Richman said he looked at simplifying the calculation methods, which would have a marginal effect upon the size of the buildings. Richman concluded that is not the best way to do it. Richman said if Council is concerned about it, the city should make a more frontal attack. Richman said the sliding scale has problems on the smaller properties. The sliding scale was intended to create a service- able house f or the smaller properties. There may be an oppor- tunity to create an incentive for Victorian houses not to be non-conforming structures through the FAR regulations. Mayor Stirling said he used to oppose limiting FARs, which he saw as a freedom of property rights. Mayor Stirling said however with FARs continuing, the whole neighborhood's freedoms were being stripped. Mayor Stirling f or the entire neighborhood the issue of scale is fundamental. Mayor Stirling said it is time to assert control for the last phase of development in the west end. Councilman Isaac said he would like Council to take a tour of the west end to see what the present regulations have done and to see any proposals for new regulations. Wainwright Dawson said this may be covered by neighborhood covenants rather than having this 15 Continued Meeting Aspen City Council June 29, 1987 come from the government. Mayor Stirling suggested the city is a neighborhood, and the Council's role is to listen to and respond to the neighborhood. Dawson said neighborhoods have their own unique distinctions within the community and there should be more autonomy for the neighborhoods. Councilwoman Fallin pointed out most subdivisions have architectural review committees, but the west end does not. Councilman Isaac said Council is reacting to requests from people who live in the west end. People have said there is a problem, and Council is looking into this. Linda said perhaps the west end should have the opportunity to have an architectural review committee. Richman pointed out that subdivisions with architec- tural review provisions are also subject to city regulations. Fred Gannett, city attorney's office, told Council subdivision covenants have to be enacted when a subdivision is platted in order to have compliance within the subdivision. To put in covenants in an area after it is built up is practically impos- sible. Mayor Stirling moved to direct planning to analyze the sliding scale and to reduce the allowable floor area ratios in the R-6 zone and come back with a recommendation as soon as possible; seconded by Councilman Gassman. All in favor, motion carried. LIQUOR LICENSE RENEWAL - Paragon City Clerk Kathryn Koch reported no negative complaints from staff. Councilwoman Fallin said she has had complaints on this establishment serving underage people, not checking ids, and having an employee that is only twenty years old as a barmaid. Councilwoman Fallin said she would like to have a hearing on this renewal. Councilwoman Fallin to table this to July 13, 1987, in order to have a hearing; seconded by Councilman Gassman. All in favor, motion carried. Leslie said they would also like to be involved in the farmer's market. They have permission to vend at the Pomegranate. Recently Council gave Laurie Adams permission to vend at the Rio Grande. Leslie requested the same permission. Leslie told Council they sell organically grown produce from local farmers throughout Colorado. Mayor Stirling said he understood anyone could use this vending permission at the Rio Grande as long as they met the requirements of locally grown produce and selling on the weekends. Fred Gannett, city attorney's office, told Council he has drafted a separate vending agreement for these people, which has to have Council approval. City Manager Bob Anderson said staff f avors this request. However, if the requests get too 16 Continued Meeting Aspen City Council June 29, 1987 large, he would like a market manager to be responsible for the venture. Councilwoman Fallin said her intention was that one person would be the vendor, allowing other people to vend their produce. Councilwoman Fallin said all she wanted was the community garden, Windstar and the Verena project to have a place to vend their produce. Gannett told Council he had drawn up a vending agree- ment for Windstar to oversee all operations. When Windstar dropped out, Laurie Adams became the only vendor, and there is no mechanism to allow her to become the supervisor of other opera- tions. Mayor Stirling suggested this is the time for Council to change their administrative policy and allow this t o ha ppe n on private property, which would take the lease by lease approval away from Council and make it more clear. Councilwoman Fallin agreed this should be done on private property but it may open the door to people selling hats and tee-shirts on private property. Mayor Stirling said this could be limited to organic produce. Leslie told Council she did obtain a license to sell organic produce, but outside the city limits. Wainwright Dawson sug- gested a public/private enterprise sponsored by the city to have a farmer's market in town. Councilman Gassman moved to execute another vending agreement with Leslie; seconded by Councilman Isaac. Councilman Tuite said he would like to see this so successful that Clark's and City Market buy locally grown produce and sell it in their markets. All in favor, motion carried. Mayor Stirling said there is a work session July 6, 1987, at 5:00 p.m. on transportation. There is a goals session July 7 at 1:00 p. m. Councilwoman Fallin moved to adjourn at 8:30 p.m.; seconded by Councilman Tuite. All in favor, motion carried. Kathryn Koch, City Clerk 17