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HomeMy WebLinkAboutminutes.council.19880808Regular Meeting Aspen City Council August 8, 1988 • 1 CITIZEN PARTICIPATION 4 COUNCILMEMBER COMMENTS 4 CONSENT AGENDA ' 5 INITIATIVE PETITION REPORT • 8 MAROLT HOUSE DESIGNATION DISCUSSION OF DISPLACEMENT REGULATIONS • 10 • 15 BELL MOUNTAIN LODGE REZONING ORDINANCE #30, SERIES OF 1988 - Rezoning Lot 6, Aspen 24 Mountain Subdivision CONTRACT AWARD - Snow Melt Site Design Work 26 REQUEST FOR FUNDS AND REPORT - Triathalon 26 NITZE/STUNDA LOT LINE ADJUSTMENT 28 727 EAST HOPKINS CONDOMINIUMIZATION 28 RESOLUTION #25, SERIES OF 1988 - Lone Pine Annexation 28 REQUEST FOR BUDGET - Rio Grande Conceptual SPA 29 GMP SUBMISSION DATES - Endeavor Lodge 30 REQUEST FOR FUNDS - City Hall Carpet and Furniture 30 RESOLUTION #27, SERIES OF 1988 - Special Election 31 32 Aspen City Council August 8, 1988 R_eqular Meeting _ r Pro Tem Fallin called the meeting to order at 5:05 ~p.mo~ riayo Y with Counci lmembe r s I saac , Gassman and Tuite presen Stirling came into Council Chambers). CITIZEN PARTICIPATION 1. Welton Anderson told Council there is a provisiolication nto Code which permits Council to al old C deed if sthe pprovisions of proceed under provisions of the the new Code are a hardship. Anderson told Council John Werning asked him about the process for expanding the We rdinvothe~egwasoa the east side of town. Anderson said he told g se arate competition for L-3 lodges and that the stacted ahimaon P was October 1st. Anderson told Council Werning con Jul 22 indicating he had made progress toward the Pull ationf Y adjoining property and wanted to proched lanningGoffipe, and the Anderson told Council he contacted t p new GMP submission date in the new code is August he tCounc alrmay told Council section 1-104 (b) (5) co forms tohthe old Code if the adjust sections of the new Code to Council determines meeting provisions of the new hards'h apuses hardships or create impractical o n u to close rin mid-October, Anderson told Council Werning g 9 and carrying the land costs make it impractical to e eP the dateP lodge. Anderson asked if Council is inclined to mov since there were no LP applications this year. Councilwoman Fallin moved to add this to the ag o da Councilman item (1); seconded by Councilman Isaac. All in fav , Tuite abstained, motion carried. 2. Stacy Standley, on behalf of Friends for Hunter orehavinola Council he called the city and asked for g the f reel picnic/bi 9 h- banner put up over Main st C eek Blast gSaturday. Standley told day party held in Hunter Council he was given the guidelines and asked tuba ibe a u etUpr to city administration, and then ated nnhe waid the 50, air Standley said the letter was accep - P freighted a banner in from California, costing $100er said baFree was not put up. Standley told Council the ba Hunter Creek Picnic". Standley told Council someone in the administration made a decision, after the letold Counc ~leno wone accepted, to not hang the ba ere Tim McFlynnyor himself. Standley had the courtesy to call eith said when he called the city he was told someodin m adletter decision the banner was politicuncilnhetdfd not e eive a letter to Standley. Standley told Co nor did he get an explanation. 1 Regular Meeting __ Aspen City Council August 8, 1988 Assistant City Manager Mitchell said his office discussed this and felt it was a grey enough area not to hang the banner; that it was more political than just a picnic. Standley requested they get their $50 as well as be reimbursed for air freighting the banner here. Mayor Stirling suggested Standley write a letter to Council specifying the amounts they would like reim- bursed and the reasons. Councilman Gassman asked if administra- tion normally censors banners. Mayor Stirling said political banners are not allowed on highway 82. Mitchell said this is part of the guidelines adopted by the city. Councilman Gassman said this seems like a free speech issue. Mayor Stirling said the state has this restrictions. Mayor Stirling suggested staff send the guidelines to Council so there can be clarity about this issue. 3. Phoebe Ryerson suggested there may be still time for Council to go to the Rio Grande and look at the parking lot level that is below the jail and courthouse. If the 3 floors of garage were to be there, there would be room for a top floor. The garage would be put out of site of almost everyone. This is the obvious place for a theatre to go down into the site. Ms. Ryerson asked Council not to wedge themselves to one architect for everything and requested something for the architecture for that very vital section between the Jerome and the Courthouse that ought to be public and not cars. 4. Tim Anderson, community volunteer for Coors Classic, told Council the Coors race is mid-week this year in order to solve some problems. This may have created some new problems. Anderson said he has been working hard on advance notification, which has gone well, and the business community has been very cooperative. Anderson told Council they are trying to raise a Coors record of prize money to be given away during the race. ESPN will be broadcasting the race. Anderson said more v olun- teers are needed for race day. Anderson requested Council make August 17 an official ride a bicycle to work day in hopes of cutting down traffic. Anderson said the race stresses Aspen is a community that likes bicycles. Mayor Stirling thanked Anderson in his incredible work as organizer for the community. Mayor Stirling said it would be appropriate to proclaim August 17 as bike day. 5. Ruth Stone congratulated the city on the wonderful job they have done in the parks this summer. Ms. Stone said the city has put in safe playground equipment for children. Council asked that this be passed on to the staff. 6. Ruth Stone congratulated Council on reconsidering their decision on the Marolt house. Ms. Stone said she hopes the Council will decide to preserve the house. 2 Regular Meeting Aspen City Council August 8, 1.988 7. Eloise Ilgen, representing People's Rights Organization (PRO), told Council they took a poll of their members and gav e Council a statement. Ms. Ilgen said they expect those who represent us in decision making and public appearances to conduct themselves in a responsible and respectful manner. Ms. Ilgen said that Councilman Gassman has embarrassed the community with thoughtless and undignified statements, especially about the visit of the Wing Dingers. Ms. Ilgen said people expect offi- cials to be an example for the town's youth. Ms. Ilgen said the fact that Councilman Gassman is building a house for Mr. Butera, who has sued the city over the Ritz Carlton project, is perceived by many as a conflict of interest. Ms. Ilgen said Councilman Gassman should abstain from any decisions made during the Ritz Carlton process. Ms. Ilgen said Councilman Gassman's action of dumping his old Volkswagen at the art museum was viewed by some as funny and by other as contempt for the law. Ms. Ilgen pointed out a car belonging to anyone else would have been towed away, either at the government or owner's expense. Ms. Ilgen, on behalf of PRO, requested that Councilman Gassman made a public apology and that in the future he make every effort to represent the people in a responsible and dignified manner. 8. Mary requested Council consider changing the ordinance which allows construction to begin at 7 a.m. Mary said there is a lot of noise associated with these construction sites. Mary said it is an infringement on her rights as a citizen to have to be awakened at 7 a.m. Mary suggested this be amended to start construction at 8:30 a.m. Jay Hammond, city engineer, pointed out the current ordinances deal with noise levels and limit noise beyond a certain level from 10 p.m. to 7 a.m. Hammond said the ordinances do not specifically deal with construction. Mayor Stirling requested staff circulate a copy of this ordinance to Council in order to determine if they want to deal with this. Mary asked how a noise level can be judged when they are inter- mittent. Lee Cassin, environmental health department, told Council the noise reading has to be taken every 15 seconds for 6 minutes so that it is a continuous reading. Mary Martin said everyone will have to bear the noise of this summer and perhaps next, and it seems that this town is almost built out. 9. Mary said because of the traffic on highway 82 and everyone trying to leave at 5:00, people use Bleeker and Hallam. Mary told Council she counted 150 cars and trucks going by her house one evening. Jay Hammond, city engineer, reminded Council staff is looking at limitations on large truck traffic in residential areas. Hammond said staff will have a report by the end of the summer on this. Hammond said staff is gathering traffic informa- tion on streets in the west end. Hammond agreed it is the limitations of the highway that is causing this. Hammond said 3 Regular Meeting Aspen City Council August 8,_1988 short of reconstruction, laws may not have a great effect. Councilman Isaac suggested stop signs at the east/west inter- sections to deter people. COUNCILMEMBER COMMENTS 1. Mayor Stirling moved to proclaim Wednesday, August 17, 1988, as Aspen Bicycle Day; seconded by Councilman Isaac. All in favor, motion carried. 2. Mayor Stirling went over the scheduled Council meetings; there is a continued meeting August ~~ at 5 p.m. with the Ritz Carlton. Council is meeting against on August 16 at 5 p.m. with the Ritz Carlton. There is a work session on water rates scheduled for August 23 at 5 p.m. 3. Mayor Stirling asked if there has been a contract submitted on the Red Roof from Jack DeBoer or is that contingent out the outcome of August 9th's election. Assistant City Manager Mitchell said they are waiting the outcome of the election. 4. Mayor Stirling moved to add to the agenda chairs, tables and carpeting of city hall as item (m); seconded by Councilman Gassman. All in favor, motion carried. 5. Councilman Tuite reminded voters there is a city election tomorrow. The polling place will be at the Upper Elementary School. There are major issues on this ballot. 6. Councilman Isaac urged voters to vote favorably for the housing issues. Councilwoman Fallin said Councilmembers cannot campaign from their chairs. 7 . Councilwoman Fallin said par t of the t raf f is problem on highway 82 is that almost all employees get off at the same time. Councilwoman Fallin said she would like staff look at instituting staggered shifts to try and alleviate some of the traffic. Assistant City Manager Mitchell said the city has done this on a limited basis in some departments but the variance in time is not enough to alleviate the traffic problem. Mitchell told Council the state is installing manual light control at Maroon Creek and Cemetery Lane to allow traffic to go through faster. CONSENT AGENDA Councilwoman Fallin moved to approve the consent agenda; seconded by Councilman Tuite. The consent agenda is minutes - July 5, 25, 1988. All in favor, motion carried. 4 Regular Meeting Aspen City Council August 8, 1988 INITIATIVE PETITION REPORT City Clerk Kathryn Koch told Council the initiative petition on planned unit development was certified July 25 with at least 504 signatures. Ms. Koch told Council they have a choice to adopt the initiated ordinance or to schedule this for an election. Ms. Koch said the Charter states an election on initiatives has to be scheduled 30 to 90 days from Council's last action. There are primary and general elections, and the Colorado Municipal Code says an election cannot be held 32 days before or after a primary or general election. This gives the city a window of September 13 to October 4th to have a special election. The general election, November 8, is 92 from this meeting and outside of the parameters set in the Charter. Joe Edwards, representing the petitioners' committee, pointed out the Charter states once a petition has been certified, the Council shall promptly consider it. Edwards said enough time has gone by and requested this be set for election as soon as possible. Edwards said a lot of people in the community are very interested in this issue, and it is important that this issue be resolved for everyone as soon as possible. Mayor Stirling asked if the planning director has looked at the draft of this ordi- nance. Alan Richman, planning director, said he has not com- mented on the ordinance. Mayor Stirling asked if the petit- ioners' committee is willing to pay for a special election. Edwards said this is not an obligation and they would not be willing to pay for it. Mayor Stirling moved to hold a special election on September 13 on this initiative petition; seconded by Councilman Gassman. Mayor Stirling asked if this would give time for feedback from staff. Ms. Koch pointed out the ballot wording has to be finalized 30 days before the election, which would be this Friday. Councilwoman Fallin said if the city is going to hold a special election, the Council should be able to put some other issues on the ballot. Councilwoman Fallin suggested scheduling the election for September 20 so other items could be added. Ms. Koch told Council the Charter states Council cannot schedule a special election without 60 days. These two sections are in conflict. Fred Gannett, city attorney's office, said the Charter states special elections have to be called by resolution at least 60 days in advance of the election. Gannett said the question is whether the initiative section supercedes the section that deals generally with special elections. Gannett said 60 days is the conservative ways to go. Mayor Stirling said he would like to do the election as soon as possible to resolve this issue. The petitioners want this issue 5 Regular Meeting Aspen City Council August 8, 1988 to be heard by the people and the petition has been certified. John Sarpa, representing Ritz Carlton, agreed with moving this on. Sarpa said there are factors within the petition which could give rise to a challenge; however, Sarpa said they feel enough people have spoken and at this point they are not going to challenge the effort. Sarpa said he, too, is anxious for this to be resolved and to let the people decide whether they want a Ritz in Aspen. Sarpa said no later than September 12, a final product from the Ritz will be at hand. The Council will be working with the applicants, and this will be defined by September 12. Sarpa said in order to provide an informed electorate, there should be some time lag to get information out. Sarpa proposed having the election one or two weeks later than September 13. Councilman Isaac said his concern is that this ordinance not only effects the Ritz project; it effects a lot of other parcels in town. Councilman Isaac said he is not sure how this ordinance would effect this parcels. Councilman Isaac said having the election September 13 may be too soon. Paul Taddune, city attorney's office, told Council the date of the election should be scheduled within a certain period time after Council takes final action on this initiated petition. Councilwoman Fallin suggested looking at cleaning up the conflicts in the Charter. Edwards told Council there is some case law which interprets the applicability of the Municipal Election Code to cities. Edwards said Section 2.1 of the Charter states that the Municipal Election Code applies except where modified. Edwards said the leading case is the Rio Grande versus the city of Denver. The determination by the state Supreme Court was that if it is a matter of state-wide concern, that the state law is controlling. If it is a matter of entirely local concern, and Edwards said the amendment of Aspen's land use code is, then the city's election laws control. Edwards said Council can schedule a special election not less than 30 nor more than 90 days from the date Council last considers the initiative petition. Edwards pointed out Council is to promptly consider this, and this petition was certified two weeks ago. Edwards said there has been a delay already. Edwards urged Council to deal with this as promptly as possible. It is important to send this matter to an election. Edwards said this ordinance states Council cannot use the PUD process to grant indiscriminate variances to hotels. Mayor Stirling withdrew his motion. Councilwoman Fallin moved to accept Kathryn Koch's certification of this petition; seconded by Councilman Isaac. All in favor, motion carried. Mary Martin said Council is to review the Ritz project and to give a permit on September 12. Ms. Martin asked how this can be 6 Regular Meeting Aspen City Council August 8, 1988 voted on by September 13. Mayor Stirling said the election will not be an election on the Ritz Calton hotel; it will be a generic election on the initiated ordinance. Mayor Stirling said the permit is issued by the building department in city hall. The September 12th vote is an extension on the PUD amendment. Bob Hughes, representing the Ritz Carlton, said if the community can have something defined and som~_hing to look at, there will be a more informed electorate. Hughes said Council will have the ability in drafting the question to add clarity to add, as long as they are not changing the substance of it. Councilman Gassman moved to set a special election on September 27, 1988; seconded by Councilwoman Fallin. Gannett said Council still does not have final action on the petition. Council has accepted but has not rejected it or set it for an election. Councilman Gassman withdrew his motion. Mayor Stirling moved to adopt Ordinance #32, Series of 1988, on first reading; seconded by Councilman Isaac. Roll call v ote; Councilmembers Tuite, no; Fallin, no; Gassman, yes; Isaac, no; Mayor Stirling, no. Motion carried. Councilman Isaac moved to have the city attorney draw up a resolution setting the election for September 27; seconded by Councilwoman Fallin. All in favor, motion carried. Councilman Tuite said this would be holding the election less than 60 days, and can this be challenged. Gannett said yes. Taddune said the safest thing would be to hold with election 60 days after action of Council. Councilwoman Fallin moved that on this special election September 27, staff draft a resolution to clarify the Charter; seconded by Mayor Stirling. Taddune said the thinking is that a general election is set for May. If someone submits an initiative petitions, the election has to be called not less than 30 days and not more than 90. The Council could then refer thi s to the elector s at the general election. Taddune pointed out the Charter dealing with initiated procedures does not say anything about special elections but only the time period in which to refer it. Taddune said the Charter provision dealing with elections requires that a special election be called within 60 days be resolution. Taddune said the safest thing to do would be to call the election in 60 days. The proponent for the petitions feels the city is on safe legal ground with have the election within the next 30 days and suffer the prospect that it might be challenged. Councilwoman Fallin 7 Regular Meeting Aspen City Council August 8, 1988 agreed there is an ambiguity in the Code and it should be straightened out for future elections. Edwards said the safe way to do this and put it b addune aagreed would be to set the election after 60 days. Taddune Council should try and fall within theSeOcarCUmstan es, the fact said Edwards opinion is that under the that an election cannot be called within a certainconcern anddnot of the general election may be a matter of local of state-wide concern. It may be easier to sup Chartert cTaddune with the state law than the conflict with the said there still is the possibility of a challW h'the Chartere may be more defensible than a direct conf lict John Sarpa said they are not going to object ections ibaheld Sarpa said they are comfortable thoutcomean Sarpa cannot bind September 27, they will abide by the anyone else, but those officially involved with the project will not challenge the election. Edwards said scheduling the election for October 11 is the best that can be done with the conflicting provisions of the code. Councilwoman Fallin withdrew her motion. Councilwoman Fallin moved to reconsider setting a special election September 27, 1988; seconded by Councilman Gassman. All in favor, motion carried. Councilman Gassman moved to ask the city attorney' s office to present a resolution setting a special election for October 11; seconded by Councilwoman Fallin. Mayor Stirling requested the planning office to bring an analysis of the effects of this proposal to Council, the types of proper- ties that would be effect. All in favor, motion carried. Council added the resolution to schedule the special election as item (n) . MAROLT HOUSE DESIGNATION Mayor Stirling said at the previous discussion, July 11, Council could have taken no action and left things status quo. Mayor Stirling said it was pointed out at the last meeti o tthe housel had not been apprised of the historic nature Roxanne Ef 1 in, planning office, recommended in Maroltn house process of landmark designation for both the Opal and the Holden/Marolt barn lixiviation ruin site. The barn site is the site that the historical society will be taking care of. 8 Regular Meeting Aspen City Council August 8, 1988 Ms . Ef 1 in recommended to Counc i 1 that the Ma ~S1 t Ef 1 in told occupied to insure against a 4 Band hed barn- a 5 based on the Council HPC rated the house criteria established in the 1986 inventory update. Ms. Eflin told Council the Marolt house was constructed around 1890 and retained significant historic integrMsy Efl n htold association with both minangwath the cColorado Department of Council the staff histori Highways has reported that the Holden smeltingional Re lister company complex is eligible for listing on the Nat g of Historic places for its association with the miningsh from Ythe Aspen and as one of the few remaining structure industrial aspects of Aspen' s mining history. Ms • ctsl tos the the state historian also s tial hit hwae realignment would not be historic site from the poten g Y extremely significant and that such impacts may one wouldanot be landscaping. Ms. Eflin said the Marolt house al eligible for individual National Register listinassociation awibh considered with the complex nomination due its the other site. Ms. Eflin reminded Council once designated, both properties are eligible to receive the $2,000 designation grant. Ms' historicadl it is practical to award the 52lOe0a d a t will assist them in society as stewards for the barn sit their exterior renovation. Ms. Eflin said the Marolt house is also in need of renovation, like the septic syste Ms. Eflin ctold be funded in part by designation grant funds. Council HPC will be having a public hearing to add these to the inventory on September 13. Councilwoman Fal l in moved to initiate the process se and othe landmark designation of both the Opal Marolt hou Holden/Marolt barn lixiviation ruins site, and direct staff to begin the designation process; and to approv ~ load brkthesAspen tion grants in the amount of $2,000 each f Y historical society for exterior renovation of the main barn and for the Marolt house; seconded by Councilman Isaac. Councilman Gassman said he favors the motion; however, rather than put the 52,000 into the septic system for the Marolt house Council, should discuss coming up with a reasonable use for the house. Councilman Gassman said he is not opposed to granting the money, but would like to know what the city is going to do with the house first. Mayor Stirling agreed with this. Councilman Tuite said the city is giving the money to the historical society, but the city still owns both sites. The Council has not made a motion to give the barn to the historical society for the 9 Regular Meetinct Aspen City Council August 8, 1988 museum. Councilman Tuite said awarding the grant money may be a step ahead of the process. Councilwoman Fallin pointed out Council said thandlsroundsl society would be required to maintain the barn q Councilwoman Fallin said giving the historical society may be in conflict with what was asked two weeks ago. Ms'withltheacityhs $2,000 grant for both properties is in keeping spirit of historic preservation. Ms. Eflin pointed out the historic society will be doing major fund rbesseed moneyhto project. Mayor Stirling said ted. $2 Ma orc St r ling agreed about get the historic society star Y the grant for the Marolt house until the use is decided about. Councilwoman Fallin withdrew her motion. Mayor Stirling moved to initiate the process of histHolden/Marolt designation of both the Opal Marolt d °recta sa f fe to begin the bars lixiviation ruins site, and designation process; and to approve landmark designation grants in the amount of $2,000 for the barn only and designate the Aspen historical society as the receiver for that as the seed money to begin the renovation of the main barn; seconded by Councilwoman Fallin. Councilman Isaac asked when the historic society is going to take over the site and be responsible for it. Ms. Eflin said she does not have a time frame on this project. Ms. Eflin said she will report back on specifically how the historic society is going to proceed. All in favor, motion carried. Councilman Gassman said Council should put a discussiest~onssfrom the Marolt house on a future agenda and ask for sugg the historical society, HPC, and PCPA. Councilman Isaac moved to direct Roxanne Eflin to coordinate recommendations from the PCPA, historic society and HPC, as soon as possible; seconded by Councilman Gassman. All in favor, motion carried. DISCUSSION OF DISPLACEMENT REGULATIONS Mayor Stirling said last year he brought up the problem of listings pending, purchases occurring and demolitions likely to occur, lose of housing, and new large structures. Mayor Stirling said he wanted the RMF zone reduced, modi kes seein nabeforeathere ago. Mayor Stirling said it seems it to g is any believing. Mayor Stirling enumerated lots that have 10 Aspen City Council August 8, 1988 Regular Meeting already been demolished in less then one year. Mayor Stirling said it seems like there is little left to be protected. Alan Richman, planning director, told Council gl ial activ tye planning office is seeing, there . lcuss d tat f a pstudy session, and Councilman Tuite said this was dis staff recommended going with a land use master RichmanCsaidltwo Tuite asked what has changed sstaff sto Ideal with this issue. weeks ago Council directe Richman said staff recognizes the magnitude of the told Council the level of concern that Counciltoathe land muse policy plan staff has come up with an approach that it can be done in shorter time and directly. Councilman Tuite told Council he has a potential conflict of interest; a client is named in the memorandum. Council agreed they had no problem with Councilman Tuite entering into the broad land use issue. Richman said the issue of addressing the existing ho With fo ~ca in Aspen is one that the community halanetalkedlabout preserva- decade. In 1979, the adopted master p tion and better utilization of existing housing ion andm change of that time, there was a lot of condominiumizat The demolition activity is ownership in affordable housing. outright loss of the housing stock and displacement of apd pcondoa rebuilding of much more expensive ubear•no relationship to this minium or displacement regulations problem. Richman said another problem is that as the commusif rcdevelops to build out, staff is recognizing a lack of parcel ment of affordable housing. Richman pointed ouotleh are eonly election has helped focus onar els for development of afford- looking at public open space p able housing. Richman said as parcels like 1010 Ute and 700 East Main, two of the largest privately-owned opeecomese a ararent disappear and provide no on-site housing - it bbut it i shaving that not only is the city losing the inventory, an effect of creating exclusive neighborhoods. Richman said the city is not creating any affordable housing in Aspen. Richman said the vision of the community in the future is one of just the wealthy living here and not the employees. This is not an appealing image of the community. Richman said he is proposing in the code amendment that if units are usinllonesite town, the new development is requiresaid not leveryo unit that is to replace those units. Richman demolished has to be replaced and not every unit that gets built back has to be affordable housing. Richman said there should be 11 Aspen City Council August 8. 1988 Regular Meeting a requirement of some percentage of what is rebuilt on-site should be affordable housing. Richman reminded Council they adopted some crii~rma fonothbe cash-in-lieu may be appropriate san utf co trol back into the appropriate. Richman said thi p ublic's hands as to whether affordable housing will bedpl°kedto p on-site or to get cash-in-lieu. develo me t on vacant land and take another step for residential P establish a subdivision requirement that woul ent of thedunits percentage of every new develoeStrictedkhousipgr Richman said it built must be employee, deed is apparent with the limited available land, if rket yunitsusthe is not produced at the same eland afu therfb hind. Richman said city will keep falling furthe the housing authority has had a great deal of difficulty finding acceptable sites. Richman said the housing authority will build units over time using the cash-in-lieu. Richman said the cash- in-lieu program is a viable option. Richman said ble housineebe to provide the extra added requirement that afforda g built on site. Richman said if on-site is not requirublichsector much more money to be made in providing cash to the p than providing on-site housing. Richman said this in townering the environment of Aspen not having employees living Richman said he is not recommending regulations°td whatlthe people from demolishing old units•sa d i f the beyis to be new government can accomplish. Richman development, the city should use the Robin Hood effect. If the new units are going to be high-end units, there number of the margin which would provide affordable housingat sRichman said the units can be provided as concept is to intersperse projects into the neighborhoods and give employees an chance to live throughout town. Richman said the principle two code amendmeould beure baced requirement on demolition that some peuirement that would require on site, and second, a subdivision req all new subdivisions to provide a percentage of employee housing on site. Richman told Council ideas surrounding this proposal will evolve as Council, P & Z and the public get involved. R s hand these Council he has only spent two weeks developing idea are preliminary. Richman said he called the Planning Association and displacement is a common regulation in other municipalities. Richman told Council he will get copies of this•nedlabout demolie does not know to what extent Council is concer tion of single family and duplexes. Richman said in the redevelop-ment of single family and duplex sites, the city might 12 Regular Meeting Aspen City Council August 8, 1988 be able to develop a caretaker provision or incentive ordinance that would allow someone to build a small additionalannottiontor house. Richman suggested this could be provided as p when there is demolition or loss of a unit, a person much build one of the smaller units. Richman said incenti un tsc ands not could include FAR bonuses or allowing the second penalizing the owner in terms of density. Richman said Council could look at an array of economic incentives. Councilwoman Fallin asked about allowing caretaker units in already established houses. Richman said that is a possible incentive. Richman told Council he has been loXkeriencer with demolition sites. Richman said there has been e p the caretaker provision i n the county, which hake prcon eet he alternative source of housing. Richman said anot p would like Council to initiate is to apply the sliding scale to the RMF, office, and C-1 zones. Richman said having residences built at a 1:1 ratio in the downtown areas is not a Richmanlsaid valuable way of using commercially zoned property. these are proposals for the planning commission to initiate and to look at these types of changes. Richman told Council he has included an administrative delay for consideration. Richman said if Council feels it is appropriate, there is a resolution to make the administrative delay immedi- ate . There i s also an ordinance which would i dm ini st ra hive hearing. Richman told Council one reason the delay is appropriate is that it is incumben communithe knowy the take a strong action in tebotho dem 1 tion hand reconstruction. city will be addressing Richman said staff has seen evidence of quite a f dental nGMPl applications and a lot of activity in the rest Richman said with the limited amount of vacant land, the city should not go through a residential GMP without changes suggested to the subdivision regulations. RichCa~ can reeulate demolie what research will show about how the y g tion and redevelopment . Richman said not taking of yem to ees action to prevent demolition m t develo ment season. Richman losing their home before the nex p said he wants to avoid the loss of any more housing and to have an opportunity to influence the course of the coming GMP datle cbe tions. Richman suggested that the residential altered from November lst into 1989. Richman said he would like some time to be able to come up with the best ordinance the Council and the community deserve. Richman said this is not something that will be resolved in a short time. Mayor Stirling moved to adopt Resolution #26, Series of 1988; seconded by Councilman Isaac. 13 - Regular Meeting Aspen City Council August 8, 1988 Phoebe Ryerson said the lack bed and breakfast and bandit units have prevented smaller houses from surviving. Bil Dunaway said single f amity dwellings should be included in Resolution #26. Dunaway said every single family dwelling that has been demo- lished has been the home of a permanent resident or employee. Mary Martin said two years ago people asked for a historic overlay over the townsite f or the purpose of watching what went next door to a historic house. Ms. Martin commended Council for this action because the town is eroding fast. Ms. Martin said a historic overlay ordinance is a delay process and also preserves a lot of the old houses. Councilman Isaac agreed that the resolution ought to be extended over single family and duplexes. Councilman Isaac said that seems to be where the problem is. Councilman Isaac asked if this is for the entire city limits. Richman said the way the resolu- tion is drafted it is for the entire city. There is some exemption language in order to provide opportunities that are contrary to the city's intent to be able to proceed through the system. Richman told Council this exemption language may not be inclusive enough to deal with single family and residences. Richman corrected the resolution regarding PUD applications and building the same number of employee housing units on-site. Councilwoman Fallin single family dwelling should be included. Mayor Stirling amended his motion to include "detached residen- tial and duplex" in the resolution; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Fallin moved to read Ordinance #31, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #31 (Series of 1988) AN ORDINANCE OF THE ASPEN CITY COUNCIL AUTHORIZING AN ADMINISTRATIVE DELAY IN THE ACCEPTANCE AND/OR PROCESS- ING OF ANY APPLICATION FOR A BUILDING PERMIT FOR DEMOLITION OF ANY MULTI-FAMILY RESIDENTIAL DWELLING IN THE CITY OF ASPEN OR FOR ANY LAND USE APPLICATION FOR SUBDIVISION PUD OF LAND FOR DEVELOPMENT OF NEW OR REPLACEMENT RESIDENTIAL UNITS was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #31, Series of 1988, on first reading; seconded by Councilman Isaac. Councilman Isaac asked what the city's definition of demolition is. Richman said it is defined in the new code. Councilman Isaac asked if the definition will give people a way to get 14 Regular Meeting _ Aspen Citv Council Au4ust 8. 1988 around the demolition delay. Richman said he will research this for the next meeting. Mayor Stirling brought up rent controls and told Council his company is working for rental control on long term residential housing and MAA housing. Mayor Stirling said rent control could be part of this discussion. Councilwoman Fallin moved to amend the Ordinance to include the same phrase "detached residential and duplex" as the resolution; seconded by Councilman Isaac. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, abstain; Fallin, yes; Mayor Stirling, yes. Motion carried. Councilwoman Fallin said Councilman Tuite cannot abstain. Gannett said he can disqualify himself from the vote because of a conflict of interest. Councilwoman Fallin said Councilman Tuite should have left the room or he votes. Councilman Tuite said he thought the conversation was going to be generic and then it got very specific. Councilman Tuite said the city cannot replace employee housing fast enough. Councilman Tuite cautioned that employees may be treated as lepers by property owners. People may start throwing out employees in anticipation of development. Richman pointed out the language in the ordinance ignores the previous use of the property in order to avoid this case. BELL MOUNTAIN LODGE REZONING Cindy Houben, planning office, told Council this is a request for a rezoning from LP to either C-1 or office. Ms. Houben reminded Council the applicant has discussed the parking issue on the Bell Mountain block. At that time, Council indicated they did not feel good about letting the applicant have more bulk on site for an increase in FAR. The applicant has withdrawn their initial application of C-1 zoning with a 1.5:1 FAR. Council is only asked to review a request of rezoning to C-1 or office. The proposal f or the underground parking structure has been elimi- nated. Ms. Houben told Council this has been reviewed by P & Z who has recommended denial of the proposal. The P & Z resolution outlines the reasons for denial. Ms. Houben told Council it is felt that the proposal f or C-1 or 0, office are inconsistent with the transportation element, which has identified Bell Mountain block as a public parking facility. The 1973 plan identifies this area as being within the fringe of the central area and should be oriented toward resident-related uses. Ms. Houben told Council there is not specific plan associated with the request for rezoning; therefore, staff cannot comment whether or not the uses would be resident related. Ms. Houben told Council the 15 Regular Meeting Aspen City Council August 8, 1988 existing uses in the neighborhood are local-oriented with NC across the street in the City Market block. Ms. Houben said the extension of the retail area from the commercial core is inconsistent with the planning concept of tapering down the intensity and bulk towards the residential area. Ms. Houben said this request may threaten the viability of adjacent uses such as the NC uses across the street. Ms. Houben said there are no changed community conditions that warrant rezoning. There is an abundance of build out potential for the commercial development in town, and lodge development is consis- tent with community goals. Ms. Houben said small lodges are important to maintain a mix of tourist accommodations in the town. Ms. Houben said Council's is requested to only look at a rezoning to C-1 or 0, office from LP and not any other zones. Sunny Vann, representing the applicant, told Council after more than 20 years of business, the owners of the lodge have decided to cease operations and have agreed to sell the property to the applicants. Vann told Council when the applicants looked at the redevelopment potential of the property, they were aware of the city's transportation activities. The applicants decided to incorporate a parking facility in their redevelopment proposals and their request for rezoning. The applicants also attempted to secure the remainder of the block to allow design flexibility and to accommodate more parking. Vann told Council the cost of the adjacent properties was prohibitive. Vann said as the transpor- tation planning continued, support for the Rio Grande parking facility increased. It became apparent little or no financial assistance would be available from the city to help subsidize a Bell Mountain garage. Vann told Council implicit in this concept was the idea that rezoning of the property from L-3 in order to subsidize a garage would be considered. Vann said despite the fact that public financial assistance would probably be unavailable, the appli- cants felt it necessary to discuss public parking in connection with their project. Vann told Council the applicants incurred expenses in designing the project, submitted it for review. The proposal involved both commercial and residential space in a mixed unit development. Vann said the applicants proposed to give the subgrade area to the city for parking purposes and to construct a publicly funded garage in conjunction with develop- ment of the project. In exchange, the applicants asked for additional FAR above grade to offset the loss of the revenue from the subgrade space. Because of time constraints, it would have been necessary to compete in this year's GMP for both residential and commercial space. The applicants approached Council to see if there was interest to warrant pursuing the necessary appro- 16 Regular Meeting Aspen City Council August 8, 1988 vals. Vann told Council the applicants prepared a development application to allow staff to review the proposal. Vann reminded Council they indicated they were not interested in trading FAR for parking. Vann told Council the FARs that were proposed are allowable under the proposed rezoned districts. Vann said given the lack of interest and the lack of funds to develop a garage, the applicants abandoned the proposal in pursuit of other options. The applicants have amended their rezoning request to C-1 at the basic 1:1 FAR and for 0, office, which the property was prior to rezoning to L-3 (LP). Vann said he assumed the original zone category would be acceptable upon termination of the lodge use . Vann said staf f and P & Z have taken the position that ideally the property should remain zoned for lodge use, despite the current owners desire to cease his operation. Vann pointed out staff and P & Z concur that a maximum FAR of 1:1 is appropriate for this site. Vann said all of the zone dis- tricts, including L-3, have an FAR of l:l or less, FAR is not the issue. Vann said the issue is if the owners use of the property should be limited solely to a lodge; if not, what uses are appropriate f or this location. Vann said staff concurs that a rezoning to C-1 or O, office is consistent with the code rezoning review criteria. Vann said the criteria where the application is inconsistent is that which requires that a proposal be consistent with a comprehensive plan. Vann said the recently adopted transportation element earmarks the property for public parking, the failure of any applicant to include parking in its proposal guarantees it will be inconsistent. Vann said the designation of a property for public parking can only be interpreted as a guideline to review an application. Vann stated to deny a rezoning because it does not incorporate an identified public facility essentially confiscates the property. Vann said the identification of the property for parking purposes should serve as a signal to developers that the city is interested in a public/private effort. Vann said it should not be construed that no development can occur unless the private sector foots the bill for the facility. Vann said the staff reluctantly supports 0, office zoning, and has concluded that consistency with the land use plan is not a major issue. Vann told Council the remaining criteria are compatibility, community character, neighborhood change, and public interest. P & Z's position seems to be that the character of the area is defined by locally-oriented uses rather than tourist related uses, and that tourist commercial uses should not be extended to the area. P & Z also feels C-1 is inappropriate because uses are allowed that could potentially serve tourists, and that these uses might exert undue pressure upon the adjacent NC zone to also be rezoned. Vann told Council staff and P & Z also felt 0, office would be inappropriate 17 Re4ular Meeting __ Aspen City Council August 8, 1988 because residential uses are permitted. P & Z f elt residential units would probably be sold to non-residents. Vann said staff felt residential might not be the best use of the property; however, the bulk and reduced intensity of the 0, office zone is appropriate in that location and that 0, office would not adversely effect the NC zone. Vann said he feels that staff and P & Z do not want to lose the lodge and they are afraid tourist/commercial or residential uses may result if the property were rezoned. Vann presented a map to show the surrounding land uses. The map illustrates that the majority of surrounding uses are already zoned for a variety of commercial and residential uses, most of which cater to the tourists population. The immediate west is zoned C-1, which serves the tourist population. The area to the southwest is zoned CL with ground level uses that are tourist-oriented uses. The area to the south is zoned NC and contains City Market, the Steak Pit, Butcher's Block and shops all of which cater to locals and tourists. To the east is the Buckhorn Lodge, which is zoned CL with tourist-oriented uses. The area to the south is zoned 0, office and the area to the east i s zoned RMF. Vann said to represent that the immediate area is non-tourist oriented and rezoning of the Bell Mountain Lodge would destroy the character of this area is not borne out by the facts. Vanrl said the staff's desire to retain the community' s small lodges is a laudable goal, but to try and achieve it by denying a lodge owner comparable zoning to that of his neighbors is not an appropriate way to go about preserving small lodges. Vann said the issue is whether this should remain a lodge if the owner wishes to terminate his operations. Vann said the L-3 lodge were rezoned to relieve them of a specific hardship as a status of non-conforming uses. Vann said as a result, almost all of these lodges represent more intense uses than their surrounding neighbors. Vann said if a lodge owner wishes to cease opera- tions, he should be allowed to enjoy the same zoning as surround- ing land uses. Vann said the L-3 zone is one of the only zones which permits no alternative uses. Vann said fairness should dictate that this owner should be allowed to rezone his property to a zoning consistent with that of the adjoining neighbors. At a minimum, this zoning should be 0, office; office and residen- tial uses are allowed in this zone district, both of which are primarily not tourist oriented. Vann said this area is already tourist-oriented. Vann encouraged Council to support a zoning to C-l; uses in this zone serve both the locals and tourists. Vann said either C-1 or O, office can be demonstrated to comply with the city's applicable zoning criteria. Vann told Council the rezoning of non-conforming lodges was accomplished as a class action. Council felt the L-3 zoning 18 Regular Meeting Aspen City Council August 8, 1988 should be an inducement and not mandatory. Lodges owners were given an opportunity to be excluded from this rezoning. Vann told Council the record shows that the Bell Mountain lodge initially wished to be excluded from consideration. Vann said the owners of the Bell Mountain lodge did not follow up on this desire to be excluded. Vann said the proposed rezoning was voluntary. Vann told Council nowhere in the record could he find what would happen upon termination of a lodge use. Vann said staff feels there was some discussion that a lodge owner could revert back to the original zoning. This is not reflected in the record. Vann pointed out the lodge next door, the Buckhorn Lodge, objected to the rezoning was excluded from the general rezoning. The Buckhorn was subsequently rezoned to CL, a more intense tourist-oriented use than either C-1 or 0, office. The Council found in the rezoning resolution that the requested rezoning was compatible with surrounding zone districts and land uses in the vicinity of the site. Art Daily, representing the applicant, told Council either C-1 or 0, office, meet the city's rezoning standards. Daily said rezoning decisions in the city cannot be based on personal preferences or emotional consideration. There are standards that govern the process. Daily said it appears that a majority of P & Z members started from the premise that a lodge is the only desirable use of the Bell Mountain lodge property. Daily told Council 3 members of P & Z disagreed so strongly that the submitted a minority resolution recommending the property be rezoned 0, office. Daily told Council the majority P & Z resolution concludes that the rezoning proposal is inconsistent with Aspen's land use plan. The only inconsistency cited by P & Z is that the transportation element of the master plan requires that this site be devoted to a community parking facility, and the rezoning proposal provides no public parking. Daily said this is private land and zoning regulations cannot require that private land be devoted to public use unless the city wants to buy the land. Daily said it is illegal to judge a rezoning request on the basis of whether the land ought to be put to a public use. Daily said the proposal to rezone this property to O, office is totally consistent with the 1973 master plan. Daily reminded Council th e property was originally zoned office shortly after the master plan was adopted. Office zoning was considered consistent with the plan then and is even more consistent with the master plan today. Daily told Council the majority resolu- tion concludes that office zoning proposal is incompatible with surrounding zone districts and land uses. Daily said the rest of this block is zoned 0, office, except the Buckhorn lodge which was granted a rezoning to CL. Daily pointed out the Bell 19 Regular Meeting Aspen City Council August 8, 1988 Mountain lodge property is surrounded by three zone districts, all of which allow more intensive uses and greater FAR than does the proposed 0, office zone. Daily said the P & Z resolution questions the compatibility because the neighborhood is local- oriented rather than tourist. Daily said that is not true today. The present Bell Mountain lodge is strictly tourist use, as is the rest of the surrounding neighborhood. Daily said 0, office is a compatible zone. Daily said the majority resolution also concludes that there have been no changed conditions affecting the subject property or the neighborhood which support the proposed rezoning. Daily said there is an increasing tourist-orientation of this area. The city has seen a shif t in short-term accommodations to hotel and large modern lodges. Daily said one cannot ignore the fact that these are the accommodations that visitors seems to be looking for. Daily said this is a critical change in conditions in the community that directly affects the small lodging industry. Daily quoted from the minority P & Z resolution which said there are significant changes making small lodges difficult, if not impractical, and a rezoning to office zoning, which was the underlying zoning, would not be in conflict with the public interest. Daily said this proposed rezoning meets every criteria in the code. Daily said the lodge preservation zone is the most restrictive zone in the city. Lodging is the only type of business allowed in that zone. Bell Mountain lodge is surrounded by residential and commercial uses and zones. Daily said there is not another property zoned LP for 2 blocks in any direction. The original objective of the LP zone was to preserve existing small lodges. Daily said that purpose was achieved by providing certain incentives to lodges to upgrade and to expand. Lodge owners were also given a choice of whether or not to be zoned LP. If a lodge chose not to be included, they continued to enjoy the benefits of their existing zoning. The LP zone was designed to support and encourage small lodges but not to compel them to continue as a perpetual use. Daily said it is not fair to impose a new set of rules on the Bell Mountain lodge property. Promoting and encouraging the small lodge makes a lot of sense, but making a lodge use mandatory is wrong. The focus should be on preserving those lodges that wish to be preserved. It is not fair to force the Bell Mountain lodge to remain a single use island while it is surrounded by properties which include broader and more flexible zoning rights. Daily urged Council, at the least, to return the property to its original office zone. Albie Kern, representing the Kapellis owners of the Bell Mountain lodge, told Council his clients are co-applicants of this requested zoning change. Kern told Council it is doubtful that 20 Regular Meeting Aspen City Council August 8, 1988 the Kapellis would be facing this problems if the applicants were not local developers or if P & Z followed its own master plan of the city. Kern said Kapellis have owned and managed the property since 1963. There are 21 units in the lodge. This property was zoned 0, office in 1974, as was the whole block. Because of the concerns about non-conforming lodges, the city decided in 1982 to encourage improvement of lodges and put in the L-3 zone. This zoning allows only one use on the property. Kern said the October 1982 Council minutes reflect that the Bell Mountain lodge elected not to be part of the L-3 zoning. Kern said the Bell Mountain lodge ended up being zoned L-3. Kern said because of economics the Kapellis could not afford to construct improvement s on their lodge and received no benefit from a ch ange to a conforming status. Kern said the Kapellis desire to sell their property, which is only zoned f or one use. Kern said he feels this zoning is at best questionable. Kern requested that the Kapellis be accorded the same rights that the adjacent landowners have. Kern said to do otherwise would be unjust and unfair and inconsistent with the city's master plan. Councilman Isaac asked how long the property was listed for sale. Kern said it was never f ormally listed. Councilman Isaac asked how the city would know that someone else doesn't want to operate a lodge. Vann said the issue is why an owner should be forced to have no other use for their property except as a lodge. Vann said generally uses that are consistent with each other are grouped in areas that allow the uses. Councilman Isaac said it has been implied that the city is taking away the reasonable use of this land. Councilman Isaac said the city has not taken away anything; this property is zoned for lodge use. Someone may want to operate a lodge on this property. Mayor Stirling said this is a difficult issue because as large commercial development are built and begin moving east, other properties want to do the same thing. Mayor Stirling said the L-3 zoning was done at the request of the lodges to make them vital and to preserve them, and not something that was foisted on the lodges. Mayor Stirling said the issue seems to be a less intense use versus a more intense use. Currently there are only 21 units on about 20,000 square feet. Mayor Stirling said what is looming is a much more intensive use. Mayor Stirling said visitors are looking for quality and those lodges that have been able to remodel or update are filled during high seasons. Mayor Stirling said a zone change is not automatic. The fairness issue is a difficult one; should this lodge use always have to be a lodge use. Mayor Stirling suggested Council may want to look at LP, redefine it and make it more fair. 21 Regular Meeting Aspen Citv Council August 8L_1988 Councilman Isaac said his main concern is that the city does not know what the uses will be if the property is rezoned. Vann said the uses would be those that any of the adjacent neighbors could build. Mayor Stirling said the community laments the lose of a traditional small lodge. The fairness question is can Council deny an interest in changing the current use because of the emotional use. Vann said office uses are less intensive than L-3 uses; however, the current lodge use is quite low. Vann said if someone were to buy it and make the economics work, they would apply for an expansion. Vann told Council the property has a considerable amount of build out for a lodge. Mayor Stirling said there is an LP GMP quota of 10 per year. Councilman Gassman said he has a problem justifying a lump of lodge in the middle of other zoning. Councilman Gassman said he does not favor the alternatives; however, if zoning has a relation to an overall plan, it is difficult to see that plan looking at the surrounding uses map. Councilman Gassman said the city may be asking to have a less intense use provided to the city by the owners of this property without a lot of basis in fact. Ms. Houben said there are other zone districts that could be applied for other than C-1 and O, office, such as CL and NC. Vann reiterated that CL is more intensive use than C-1 and also allows tourist-oriented CC commercial uses. Vann said the CL use permits tourist serving commercial operations, which the applicant was not necessarily interested in providing and are not consistent with the surrounding areas. Mayor Stirling said the fundamental issue is if this property does not continue as a lodge, what is the appropriate use. Councilman Isaac moved to deny the rezoning application of the Bell Mountain lodge to office zone and C-1 zone. Motion DIES for lack of a second. Joe Edwards, representing the Chateau Aspen, told Council his clients have already suffered one Mazza Woods project. They are opposed to this rezoning. Edwards said his clients feel this is an enclave of lodge preservation, of which there are very few in the city and that the city ought to preserve. Edwards stated under the zoning code, an applicant is not entitled by right to get rezoning to maximize profits on their property. Edwards urged the Council that the appropriate criteria is in 24-12.3 number 4, which says, "an analysis of the community needs for the proposed rezoning, and compared to an assessment of the relation- ship of the zoning proposal to the goal of overall community balance". Edwards said the town has all the second home tow n- houses and fur shops that is needed for awhile. Edwards said small lodges are a unique lodging experience. Edwards said this property was not listed for sale. 22 Regular Meeting Aspen City Council August 8, 1988 George Vicenzi said this small pocket of lodging is v ery con- venient for guests to walk to the slopes, to restaurants and the commercial area. This solves a transportation problem. Vicenzi said it is important to have a lodge in this area. Vicenzi said the owners of this property chose the L-3 zoning. Vicenzi said Council has to decide what is best for the community and not what is best for developers. The best use for the community would be a lodge. Richman told Council the reason the Buckhorn lodge was rezoned to CL is the uses existing on the property are unlike any other smaller L-3 lodge. There was commercial on the bottom and tourist above. The owners voluntarily accepted a l:l FAR, which is the FAR allowed in the L-3 zone. Richman told Council he does recall that the Kapellis were not interested in L-3 at first, and does not recall why they ended up accepting L-3 zoning. Richman said the question has come up if the city made any guarantees that lodge owners would be able to rezone. Richman said this action was voluntary and the city was trying to do something that was an improvement for the small lodge owners. Richman told Council the city made no guarantees about rezoning. When a rezoning application comes in, staff has to look at the most current conditions in a neighborhood and compatibility with the current master plan. There is no way to guarantee rezoning. Richman said L-3 rezoning was a zone to use, which is why there are pockets of L-3. At the time it was not spot zoning because a group of owners came in and requested rezoning. Richman said there is no redevelopment proposal for the city to look at and it would be difficult to find compatibility. Daily said he agrees preservation of lodges in the community is important; however, compulsory single use zoning is the wrong way to achieve this. Kapelli would like to be zoned the way his neighbors are zoned and to enjoy those benefits. Vann said there was some discussion about the reversion of zoning con- siderations. Vann said the changes since 1983 should be taken into account in requests for rezoning. Vann said that the fact that an applicant must demonstrate that the use proposed in the 0, office zone is consistent with the master plan seems onerous given the fact that immediately behind this parcel is zoned O, office because it was felt to be compatible with the master plan. Vann said the same criteria should apply. If the community feels that residential should not be allowed in the office zone, Council should change the office zone. Vann said in many cases it is possible to produce a development plan and come through the process with a request for rezoning, the issues surrounding the L-3 zone are unique. Vann said if Council approves this rezon- ing, it is still subject to any further reviews under growth management and any other processes. Vann reiterated that either 23 Regular Meeting Aspen Citv Council AuQUSt 8, 1988 C-1 or 0, office zones are consistent with the surrounding area and fit the criteria. Councilman Gassman said the Council is being asked to change the status quo. This requires some benefit to the public. Council- man Gassman said the applicants have stated the benefits to the applicants and to the owners. Councilman Gassman said he cannot see what the benefit is to the city of having either more office or C-1 zones. Councilman Gassman moved to deny the request to rezone the Bell Mountain parcel to C-1 or O zone; seconded by Councilman Isaac. Vann told Council there is a provision in the Code which states if Council denies a rezoning, there is a moratorium f or 2 years in which the owner cannot pursue any further activity on rezon- ing. Vann said since the applicants may not proceed with this, as a courtesy to the Kapellis, Vann requested to be able to withdraw the application. Tony Mazza withdrew his application. Councilman Gassman withdrew his motion. ORDINANCE #30, SERIES OF 1988 - Rezoning Lot 6, Aspen Mountain Subdivision Councilman Isaac moved to read Ordinance #30, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #30 (Series of 1988) AN ORDINANCE OF THE ASPEN CITY COUNCIL REZONING LOTS A THROUGH I, BLOCK 91, ASPEN MOUNTAIN TOWNSITE (ALSO KNOWN AS LOT 6, ASPEN MOUNTAIN PUD) FROM L/TR AND CL TO PARK was read by the city clerk Councilman Isaac moved to adopt Ordinance #30, Series of 1988, on first reading; seconded by Councilman Tuite. Alan Richman, planning director, told Council this rezones to park the lot in front of the Grand Aspen. Councilman Isaac asked how long the applicant has to remove the existing houses on this site after it is rezoned. Perry Harvey, representing the applicant, said they would become non-conforming. Richman said there is no abatement provision in the Code, so there would be nothing to require their removal. Richman said they are slated for removal as part of the redevelopment of the site. Harvey said the applicants would like to qualify the timing of this. Currently 15,000 square feet of the parcel is zoned CL and 24 Regular Meetinct Aspen_Cit~ Council August 8, 1988 the remaining 12,000 square feet is zoned L/TR. Under the current underlying zoning, 42,000 square feet of building is allowed. Harvey said the designation of this parcel as park was made as part of the approval for the lot 1 hotel. The timing on this rezoning must be in conjunction with full approval and issuance of a building permit for the hotel on lot 1. Harvey said since opposition has stated they will pursue a referendum if approval is given by the city, the applicants would like to tie this rezoning to the uninterrupted construction of the hotel because the park is part of the PUD approval. Mayor Stirling said Council has scheduled an election for October 11 and asked what effect this will have on the Ritz Carlton hotel if the petition were approved by the voters. Fred Gannett, city attorney's office, told Council the timing is crucial. Mayor Stirling said if Council passes the amendment within the desig- nated time of September 12 and the applicants go for permits, what is the effect. Gannett said the general feeling is that the initiated ordinance becomes an ordinance looking forward not backward and it would not effect the Ritz. Harvey said the initiated ordinance says that anything in the PUD application, anything in the PUD amendment application process or anything that is in the application process for a building permit has to go back to the zoning. Harvey said his concern is that nothing happen on the final rezoning of this parcel until such time as the applicants have approval, f ull building permit, and if there is a referendum action that repeals the approval, the rezoning to park has to be repealed, too. Harvey said 42,000 square f eet of building is a lot of value. Harvey said the timing on the rezoning has to be consistent with the process the applicants are in the middle of . Richman said staff expects that this ordinance will not be finally approved until Council gives final PUD approval. Richman said staff has been trying to tie the park to lot 1 as per resolution #11. Richman said he had not considered tying this to the building permit process. Richman said this is before Council for first reading so that the action could be complete by September 12. Richman told Council the applicant requested the rezoning in the context of submitting the amendments. Richman said it is not mandatory the rezoning occur; however, staff has been looking for as many ways as possible to implement the provisions of resolution #11. Richman told Council the city does not have an application for the park or for phase two. Harvey told Council he is concerned if this whole plan becomes unraveled, that this parcel does not stay in the park zone. Harvey suggested Council could tie this rezoning to a date certain, assuming uninterrupted construction on the hotel. Councilman Gassman said he feels it is premature to rezone this. 25 Regular Meeting Aspen City Council August 8. 1988. There is a record as to what the intent i s f or the park . Councilman Gassman said it can be a condition of final approval that the applicants apply for rezoning. Councilman Isaac said Council could pass this on first reading and table the second reading into the future. This would give the city reliance. Roll call vote; Councilmembers Gassman, no; Tuite, no; Fallin, no; Isaac, yes; Mayor Stirling, no. Motion NOT carried. CONTRACT AWARD - Snow Melt Site Design Work Chuck Roth, engineering department, told Council this project has been on a very tight time frame. Roth said the city advertised and did direct solicitation for site design for the snow melt facility. Roth said the city received 3 bids and the proposals were offering approximately the same services. Roth said the city selected the low bid, Schmueser, Gordon Meyer at $6,640. The other bids were from Banner Associates in conjunction with Aspen Design Group and High Country Engineering. Roth recom- mended Council award the design and construction management contract to Schmueser. Roth said he will be back in two weeks with some preliminary designs for Council to look at. Staff will then get the final design construction documents prepared and advertised for construction. Roth told Council the snow melter is due to arrive in Aspen in mid-November. Councilman Gassman asked where this project is in the budget. Roth said it will be very tight. Roth said he is anticipating giving Council some choices and perhaps having to budget some of this project in 1989. Councilman Gassman moved to award the contract for design for the snow melter to Schmueser Gordon, Meyer f or $6,640; seconded by Councilman Isaac. All in favor, motion carried. REQUEST FOR FUNDS AND REPORT - Triathalon Jim Jackson told Council the Aspen Skiing Company has been replaced as a local title sponsor with the Aspen Club Family of companies. Jackson said this will help they as there is a variety of services provided that will enhance the competitors experience in Aspen. Jackson said he feels it is the best to promote this event wherever possible. Jackson told Council the triathalon community has come to this event by one magazine. Jackson said he got advice to contact ESPN, who produces a program specifically devoted to event coverage. Jackson told Council ESPN would like to cover the event provided they were given broadcast quality material to air. Jackson told Council this event has gone from 28 people to nearly 250 athletes. 26 Regular Meeting Aspen City Council August 8, 1988 Jackson said this is a local event that has grown and succeeded to the point where it is getting national attention. Jackson requested the city fund the syndicated program. Jackson said if Aspen subsidizes the first minute of advertising, they have insured the production of this event. Jackson said that advertising time can be sold to local entities. Mayor Stirling asked if Jackson had approached the ARA about the $24,000. Mayor Stirling said the Council's contingency is only about $24,000 for the rest of the year, and it makes it difficult to fund a request like this. Mayor Stirling said Jackson had done great groundwork on this, but it is difficult to deal with at the last minute. Mayor Stirling suggested Jackson go to the ARA to see if they could fund part of this. Jackson said the advertising time is wholly transferable and a way to recoup the money. Councilwoman Fallin said she does not feel the city should be in a position of selling advertising. That should be done through the ARA. Mayor Stirling said he sees the opportunity for the town, but the context for this discussion is the 1989 budget and combining the 3 events into a sports festival. Jackson asked if Council would be interested in funding some of this if he could come up with matching funds. Councilwoman Fallin said she is not interested because this should be done in context of the budget. Mayor Stirling said he is receptive to having this as part of the budget presentation. Councilwoman Fallin said she would prefer it come through the ARA budget. Councilman Isaac said he is not interested in funding $25,000 but would be interested in funding $5,000. Jackson said the local groups have worked very hard on these events, like the triathalon, volleyball tournament. Seeing the money go else- where, like Coors Classic, has miffed them. Mayor Stirling said Council would like this to come through the budget process, either through the ARA or the 3 event organizers. Jackson told Council the permit for the triathalon has been granted. There has been concern regarding the safety and control of highways. Jackson told Council the finish will be at the Jerome. Jackson said this will cost the event another $500 in police off duty requirements. Jackson requested a minimum of $500 from Council to cover the police costs. Mayor Stirling moved to direct Assistant City work with the police chief to insure that there up to a maximum of $500, have Mitchell out of the police budget or wherever the seconded by Councilman Tuite. All in favor, Manager Mitchell to all the coverage is see if it can work money can be found; motion carried. 27 Regular Meeting-- Ashen City Council August 8, 1988 NITZE/STUNDA LOT LINE ADJUSTMENT Councilman Isaac moved to table this to August 22, 1988; seconded by Councilwoman Fallin. All in favor, motion carried. 727 EAST HOPKINS CONDOMINIUMIZATION Cindy Houben, planning office, told Council this is a request f or condominiumization of a duplex currently under construction at 727 East Hopkins. Ms. Houben told Council P & Z recommended in favor of this with conditions. Ms. Houben told Council staff feels the six month minimum lease restriction should not be waived, as requested by the applicant. There should be an addition to the subdivision agreement which includes the six month minimum lease restrictions. Mayor Stirling moved to approve the condominiumization of 727 East Hopkins will all 5 conditions. Motion DIES for lack of a second . Councilman Isaac asked why the six month minimum lease restric- tion should be waived. Marty Pickett, representing the appli- cant, told Council this is the last applicant under the old Code. Ms. Picket said this waiver is requested based upon the pre ce- dents that have been set by the Council. Ms. Picket told Council this is located in the office zone, in a transitional area and close to town. Ms. Pickett told Council this application meets the restrictions under the new code f or waiving the six month minimum lease restrictions; however, the planning office felt if this application came under the new code f or this criteria, they should come under the new for other things. Norm Batcheldor told Council the applicants are relying on the precedent set for 700 East Hyman project, which had the six month minimum lease waived by Council. This request is based on the proximity of short term usage and adjacent to recreational facilities. Mayor Stirling said this is no longer a neighborhood. Council set a boundary of Original street in the new code. Mayor Stirling said he does not see why this should be imposed in this case when the block has entirely changed character. Councilwoman Fallin moved to grant subdivision exception to the 727 East Hopkins project for the purpose of condominiumization subject to conditions 1 through 4 in the planning office and• a new condition 5 that this is subject to a six month minimum lease restriction with no more than two shorter tenancies; seconded by Councilman Gassman. All in favor, with the exception of Mayor Stirling. Motion carried. RESOLUTION #25, SERIES OF 1988 - Lone Pine Annexation 28 Regular Meeting Aspen City Council August 8, 1988 Assistant City Manager Mitchell told Council this is the first step in annexing the Lone Pine/Hunter Longhouse annexation. This meets all the of statutory requirements for annexation. Mitchell said Council needs to set a date for the public hearing for the annexation. Council set September 12 for the public hearing. Councilwoman Fallin moved to adopt Resolution #25, Series of 1988; seconded by Councilman Gassman. Council asked if any of this area is in the EPA super fund site. Mitchell said it is not. All in favor, motion carried. REQUEST FOR BUDGET - Rio Grande Conceptual SPA Assistant City Manager Mitchell told Council the city is the applicant for the SPA process for the Rio Grande. Mitchell said these items would be required of another applicant, and the city is requesting budget authorization to spend up to 57500 for survey work, traffic study work and title work. Councilwoman Fallin asked if money has to come out of contingency. Mitchell said there is a precedent to take this out of the land fund because a big portion of the Rio Grande was bought with land fund monies. Councilman Isaac asked if this should be contingent on the election question passing. Mitchell said the city is still planning to do an SPA on the Rio Grande; having the SPA finalized has been a Council direction for some time. Mayor Stirling moved to approve up to $7500 work on the Rio Grande SPA, the money to be allocated from the land fund; seconded by Councilman Tuite. Councilman Gassman objected to funding a development proposal from the land fund. Councilman Gassman said the city will not be keeping this as open space, and this is not the right way to spend the sixth penny. Phoebe Ryerson said the garage and snow melt are only little portions of the entire 11.5 acres. Ms. Ryerson said it is not fair to do this property piece by piece. Mitchell said on the survey work, there are some questions about where the property line is. The traffic work is to tie in with the library being located on the Rio Grande. Mitchell told Council the title work needs to be cleaned up. All in favor, with the exception of Councilman Gassman. Motion carried. 29 Regular Meeting Aspen City Council August 8, 1988 GMP SUBMISSION DATES - Endeavor Lodge John Werning, applicant, told Council he needs an extension to expand the Endeavor Lodge. Councilwoman Fallin moved to allow an extension of the submission date to October 1 for the L-3 zones; seconded by Councilman Gassman. Welton Anderson, representing the applicant, told Council the dates were changed for all GMP submissions. Anderson told Council there were not other LP applications submitted so this does not affect any other parties. Anderson told Council Werning was relying on information based on the old code. Werning was making negotiations to purchase property next door based on an October 1 submission. All in favor, motion carried. REQUEST FOR FUNDS - City Hall Carpet and Furniture Mayor Stirling said this is an expenditure that has to come out of contingency. Mayor Stirling asked if the carpet could be re- used once the restoration of city hall is complete. Assistant City Manager Mitchell said he does not think so. Councilman Gassman said part of the expenditure was to buy chairs and tables for Council room. Councilman Gassman said he does not feel the city needs to spend money on this until the full restoration is done. Councilwoman Fallin said she does not f avor putting new carpet in Council Chambers. Mayor Stirling asked when work on the entire city hall will be started. Mitchell said as soon as the Red Roof sale in consummated, Council will direct architects to finalize the plans. It probably will not be before April. Councilman Gassman moved to deny the request for funds; seconded by Councilwoman Fallin. Mitchell said the building department really needs carpet. One office has carpet that is dangerous. Mitchell appealed to spend $3600 for carpet in the building department and first floor hallway where the carpet is dangerous. Councilmembe; s Gc~55utctri and ~~allin in favor; everyone else opposed. Motion NOT carried. Councilman Tuite moved to approve $3600 for the building depart- ment and first floor hallways carpet; seconded by Councilman Isaac. 30 Regular Meeting Aspen City Council August 8, 1988 Councilman Isaac said he would like to see work done in the Council Chambers. All in favor, motion carried. Mayor Stirling moved to suspend the rules and meet for 3 more minutes; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Gassman. Motion carried. RESOLUTION #27, SERIES OF 1988 - Special Election Fred Gannett, city attorney's office, presented a resolution calling a special election on October 11 for the purpose of submitting Ordinance #32 to the electors and anything else Council deems appropriate. City Clerk Kathryn Koch said the last date to set the ballot language is Council's next meeting. Councilman Isaac moved to approve Resolution #27, Series of 1988; seconded by Councilman Gassman. All in favor, motion carried. Mayor Stirling said the meeting is continued until August 9, 1988, at 5:00 p.m. Kathryn Koch, City Clerk 31