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HomeMy WebLinkAboutminutes.council.19890424Regular Meeting Aspen City Council April 24, 1989 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 1 CONSENT CALENDAR 3 TRIBUTE TO MRS . PAEPCKE 4 ORDINANCE ##7, SERIES OF 1989 - Substantive Code Amendments 4 ORDINANCE #13, SERIES OF 1989 - Wolftone Lawsuit 7 ORDINANCE #18, SERIES OF 1989 - 1989 Housing Guidelines 7 CONCEPTUAL SUBDIVISION PUD - Gordon/Callahan 8 PCPA SUIT ON MAROLT PROPERTY 12 GOLDSMITH HOUSING PROPOSAL 14 AVIA PROPOSAL TO PROHIBIT AUTO ACCESS TO CERTAIN DOWNTOWN STREETS 15 REQUEST TO WAIVE TAP FEE - Hospital Housing 16 AUTO FREE DAY/S PROPOSAL 16 REQUEST FOR HPC BUDGET 17 LIMELITE STREETSCAPE PROPOSAL 17 RFTA BUS STOPS 18 COOPER AND ORIGINAL INTERSECTION 19 TEAGUE CODE INTERPRETATION APPEAL 19 ORDINANCE ##20, SERIES OF 1989 - Cap's Land Trade 21 DRUG GRANT 2 2 YOUTH CENTER 2 2 24 Regular Meetinq Aspen City Council April 24, 1989 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Tuite, Isaac, Fallin and Gassman present. CITIZEN COMMENTS 1. Mary Martin told Council she contacted the city earlier about a tribute to Mrs . Paepcke . • Mayor Stirling moved to add this to the agenda as the first item; seconded by Councilwoman Fallin. All in favor, motion carried. 2. Katie Ingham told Council USA Today is doing a television segment on the fur industry. USA interviewed some locals for this segment, which will be aired Tuesday, April 25th at 10:35 p.m. 3. Paul Hamwi said he is working on an idea of locating a locals- type hardware store within the city. Hamwi said he would like some feedback from Council before going to P & Z. Hamwi said it would require a variance from P & Z to use the Obermeyer building. The zoning allows for a lumber yard and a building supply but not specifically a hardware store. Mayor Stirling said there are others also interested in a hardware store. Mayor Stirling suggested this start through the process and Council will evaluate it when they have all the information. Council agreed they are interested but want this to go through the process. 4. Hans Gramiger said Council allocated a certain amount of time for the work on Shadow mountain trail. Gramiger said this is running behind schedule and requested Council agree to postpone the deadline of May 9 in the,Sheehan condemnation. Paul Taddune, special counsel, said if it is in the best interest of the city, this can be extended. Council agreed to the extension. COUNCILMEMBER COMMENTS 1. Councilman Gassman said the trail segment from the post office to Garmisch street was wiped out because of construction of a sewer line. Councilman Gassman said there is a schedule for regrading and repaving the trail. Councilman Gassman said there was a lot of landscaping that was donated along the trail. Councilman Gassman said it should be up to the sanitation district to replace this. Councilman Gassman asked the city manager to find out about this. 2. Mayor Stirling said on the southwest corner of First and Main during the undergrounding a lot of debris got left on the city's side yard. Mayor Stirling said he would like staff to look at this to see if it needs cleaning up. 3. Councilman Tuite brought up the residential unit over the dog pound and that the rentals proceeds go to the housing fund. City 1 Regular Meeting Aspen City Council April 24, 1989 Manager Bob Anderson said the housing office is asking to take over the rental of the unit, put money into it, rent it and the proceeds would go back into the in-lieu fund. Councilman Tuite said he would be against any funds going to the housing office after they have repaid for improvements. Councilman Gassman said the unit was never finished. It will cost about $5,000 to finish it, and this money will come out of the housing office's in-lieu funds. Mayor Stirling said until the debt service is paid off, the city should get the revenues from the rent. Mayor Stirling moved to put this on the agenda as action item (m); seconded by Councilman Isaac. All in favor, with the exception of Councilwoman Fallin. Motion carried. 4. Councilman Tuite said he has been approached by citizens about the Aspen Hardware closing party, that the police were outside giving summonses to people who were taking their beers outside. Councilman Tuite said no summonses were given out; the police did give out warnings or asked people to take their beers back inside. 5. Councilman Tuite said Council seems to be doing code amend- ments every few meetings. Councilman Tuite said he would like Council to regroup, look at the goals for town, and match that up with where the code is going. Councilman Isaac said it is appropriate to have a goals session after the election. Alan Richman, planning director, told Council he plans to put together a list of things that have not been done before he leaves. Richman said he would like to help form the direction of the second half of the year. Council scheduled a work session for June 8 at 5:00 p.m. for planning issues. 6. Councilman Isaac said there was an editorial in the Daily News stating there is not enough time for the voters to get to know all the candidates. Councilman Isaac said he would like to discuss changing the filing date to at least 6 weeks before the election. Council put this on the next regular agenda. 7. Councilman Isaac said he feels more bike racks are needed around town. Deputy City Manager Ron Mitchell said CCLC has money in their budget for bike racks. Mitchell said if Council has specific locations to let the staff or CCLC know. Mayor Stirling said Councilman Gassman made a proposal about the city buying some bicycles dedicated to public use. Councilman Gassman requested staff check with Boulder to see how this program has worked. 8. City Manager Bob Anderson told Council it is in the city's best interest to keep Alan Richman on for at least the month of June to help finish up projects. Council agreed. 2 Regular Meeting Aspen City Council April 24, 1989 9. City Manager Bob Anderson told Council a committee composed of him and the agency heads interviewed local applicants for the job of engineer/public works director. Anderson told Council Bob Gish, chief building inspector, was selected. Anderson said the transition has not yet been worked out. Anderson said he does not want to jeopardize the stabilizing of the building department that Gish has been able to do. Anderson said Gish will be shifted to his new responsibility between 3 and 6 months. Anderson told Council staff has decided to move the building department into the public works agency. Gish told Council there are some people in the building department that would be qualified for chief building inspector. 10. City Manager Bob Anderson said the snow melt facility is on the next agenda. Anderson said Trecan would like to show Council a 10 minute video of snow melt machines. Council said they will see if there is time on the next agenda. 11. City Manager Bob Anderson reported to Council that the highway finance bill died. Anderson said he has not heard from the Colorado Municipal League about a new bill. 12. City Manager Bob Anderson told Council the city was turned down in their request for drug grant monies. Anderson said the process did crystallize the problem and the staff will continue to give Council their priorities. The appeal is due by May 5, 1989. Anderson said one of the reasons the grant was denied was question of Council's support. Anderson said the city can appeal on that point. Councilman Tuite moved to .add this to the agenda as action item (n); seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Fallin and Gassman. Motion carried. 13. City Manager Bob Anderson requested that the Youth Center be removed from the consent calendar and added to the end of the meeting. Mayor Stirling moved to take the Youth Center off the consent calendar; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. CONSENT CALENDAR Councilwoman Fallin moved to approve the consent calendar as amended; seconded by Councilman Isaac. Councilman Tuite said the financial performance report says the city is $200,000 over on the parking garage and RNL says the city is on budget. Deputy City Manager Ron Mitchell said the city will have to use some of their money from the Ski Company and cash-in- lieu to cover the budget. Mayor Stirling said the Goldsbury 3 Regular Meeting Aspen City Council April 24, 1989 subdivision/PUD the house on the second is doubling in size and asked if there is a requirement for an accessory dwelling unit or caretaker unit. Roxanne Eflin, planning office, told Council there is a caretaker unit on site. Sunny Vann said the existing house has a caretaker unit and it is the presence of the caretaker unit which makes this technically a duplex. The caretaker will remain as part of the redesign. The consent agenda is: A. Minutes - April 3, 10, 1989 B. Liquor License Renewal - Paragon C. Goldsbury Subdivision/PUD Amendment D. Financial Performance Report E. RNL Extension (Ron Mitchell) F. Award of Contract - Leasing Agent for Parking Structure All in favor, motion carried. TRIBUTE TO MRS. PAEPCKE Mary Martin said she would like a tribute to Mrs. Paepcke for her many contributions over the last 50 years. Ms. Martin said this tribute should be something lasting and visible. Ms. Martin said she would like the tribute made this June or summer. Ms. Martin said what she designed is in the form of a marble book 6 feet wide, 10 inches thick, 3 feet tall. This tablet will cost $12,000, and the total cost will be $15,000. Ms. Martin said this should be located in Paepcke park. Ms . Martin said she is asking the county, Aspen Foundation and city for $5,000 each. Mayor Stirling moved to direct staff to work with Mary Martin and come back on May 8 with a report on where in the parks, details about the structure; seconded by Councilwoman Fallin. Mayor Stirling said he would like to have some discussion about the most appropriate tribute. All in favor, motion carried. ORDINANCE #7, SERIES OF 1989 - Substantive Code Amendments Alan Richman, planning director, reminded Council 6 of the 9 issues in the ordinance have been dealt with. Council decided duplexes will be a prohibited use in C-1, a conditional use in the office, and a permitted use in the RMF. One unit in the duplex has to be restricted as middle income housing, or both can be free market units if each contains an accessory dwelling unit. The second issues deals with the FAR in the RMF district, when there is demolition and reconstruction. Council agreed to allow the FAR to 4 Regular Meeting Aspen City Council April 24, 1989 increase to 1.1:1. The third issue is demolition and relocation of historic landmarks. This section was deleted from this ordinance and put into a separate ordinance, #17, which should be adopted May 8. This includes looking at the entire inventory, not just structures rated 4 and 5, being subject to review by the HPC. The fourth issue, the HPC appeal and call up has been accepted by Council. The fifth issue, the minimum maintenance provisions, has been amended and accepted. by Council. The sixth issue is the limits to permitted variations to PUD and SPA projects. Council agreed that external FAR will not be varied in a PUD, and external FAR with density is not eligible for variation in an SPA. All other design variations still are eligible for variation. Richman said the next section is review for amendments to PUD and SPA. Richman said there are instances when an applicant requests an increase variation to a PUD or SPA already approved by Council. Richman said staff should not be signing off on an amendment of that nature. Richman said the ordinance prohibits staff from approving this type of request. Richman said the ordinance tries to have the city and applicant take a new look at the development. Richman said as a project ages or as conditions in the community change, an applicant sees new opportunities for improvements in the project. Richman said staff wanted to make it clear that the process is a two-way street; if the city learns things in the years since the development is approved, it can apply those things. Richman said the city cannot apply those things to parts of the project already built. Richman said in the undeveloped portion, the city ought to have the ability to look at these. Richman said this amendment allows the city to apply today's standards. Mayor Stirling opened the public hearing. Perry Harvey said every PUD amendment in the past has resulted in a better product. Harvey said, while unstated, P & Z and Council have felt that everything was up for consideration in an amendment. Harvey said the goal should be to encourage amendments, which gives everyone the opportunity to retook at a project. Harvey said the ordinance does not state if someone comes in for an amendment, which is not given, that the original approval is still in place. Harvey said the language, also, "applying to the portions of the development which have not been built" needs clarification. Harvey asked if this means something under construction but has not received a certificate of occupancy or a project which has not received a building permit. Harvey said in a proposed PUD amendment, Council's goal is to make sure all aspects of the area proposed for an amendment are open for discussion, but is this intended to apply to portions of a PUD that are not proposed for 5 Regular Meetina Aspen Citv Council April 24~ 1989 amendment. Harvey said the language should be more clear about what is intended. Richman said (e)(2) is revised existing language and (e)(3) is new language. Richman said if the amendment is consistent with the approval, it is a two-step process. If the amendment is inconsis- tent, it will go through the four-step process. This is not new language. Richman said his intention in "which have not been built" are projects that have not received a building permit . Once an applicant has received a building permit, he has a vested right that cannot be effected by an action of Council. Harvey said if an applicant feels uncomfortable with the amendment process, the amendment can be withdrawn and the original approval stays. Harvey suggested language which says that all aspects of that portion of the PUD that is requested for amendment are open for discussion. Richman said the reason the P & Z included "which have not been built" is that in a PUD, various elements are looked at, like moving density around. The elements of the PUD are interrelated. Richman said by imposing conditions, P & Z did not mean Council would think up new regulations to apply to a developer. Paul Taddune, special counsel, suggested a sentence, "Nothing in the paragraph will prevent the applicant from withdrawing the applica- tion". Richman suggested rather than "which have not been built" to include "which have not obtained a building permit". Council decided to change "may impose such conditions" to "may require as a condition of approval". Richman said the same changes will be made in section 7-907, which applies to PUD. Councilwoman Fallin moved to adopt those amendments; seconded by Councilman Gassman. All in favor, motion carried. Richman said the proposed shortened PUD process is intended to give some flexibility to the code. Richman said this amendment merges conceptual and final into a single two-step process. The public hearing will take place in front of both P & Z and Council. This only occurs when there is a determination by staff , to be confirmed by P & Z and Council, that there are not significant issues involved. Mayor Stirling opened the public hearing on this section. Councilman Gassman moved to adopt the shortened PUD process; seconded by Councilwoman Fallin. All in favor, motion carried. Richman said the last change is changing the GMP quota system to net leasable. Richman said by going to from footage to net leasable, the effect is to allow more building and more impact oriented building to come on line. Richman said 85 percent of a building seems to be an average number of net leasable space in a 6 Regular Meeting Aspen City Council April 24, 1989 building. Richman said by applying 85 percent to the 24,000 square footage, the quota is 20, 000 square feet to insure no more building will come on line. Richman said this amendment is not increasing or decreasing the quotas. Richman told Council the growth quotas will be coming to Council from P & Z in the future. Richman told Council the quotas are 10,000 square feet in the CC, 7,000 in NC, S/C/I, 4,000 in of the office and 3,000 in the CL. Councilman Isaac moved to approve this section; seconded by Councilwoman Fallin. All in favor, motion carried. Bil Dunaway asked why Ordinance #7 does not cover the size duplexes can be built. Richman said P & Z has recommended in favor of dealing with duplexes city-wide. This ordinance will be before Council May 8th. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #7, Series of 1989, on second reading as amended; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #13, SERIES OF 1989 - Wolftone Lawsuit Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance ##13, Series of 1989, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Gassman, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #18, SERIES OF 1989 - 1989 Housing Guidelines Mayor Stirling opened the public hearing. Mayor Stirling said he is concerned about the priority for sales, there seem to be too many, categories, which may eliminate some people. Jim Adamski, housing office, said priority is given on years in the community and number of people applying for one unit. Adamski said the housing office wants to fill all the bedrooms. Adamski said another priority is people with present ownership interest. Doug Allen, housing board, said if there are several people willing to pay the maximum price for a unit, then there is a priority. Janet Raczak, housing office, said housing is a limited commodity and has to be used to capacity. Adamski said allowing people to move up within their project gives those projects stability. 7 Regular Meeting Aspen City Council April 24, 1989 Rachel Richards said she does not think people who purchased employee housing years ago should have an edge over someone else. Ms. Richards said she feels this will hinder the flow of units to the market. Ms. Richards said this will encourage behind the scenes buying and selling within a complex. Councilman Gassman said it is not fair to expect someone to start from scratch when they have been a mortgage paying member of the community. Adamski reminded Council these guidelines are for one year; they can be analyzed again next year. Ms. Richards said some people may want the unit to go to their children and may not want to require the maximum bid price. Doug Allen, housing authority, said that requirement is to encourage a turnover, not to pass on to children. Mayor Stirling moved to remove occupancy as a priority for moving up in a complex. Motion DIES for lack of a second. Richard Compton said excluding children who want to stay settled here would discourage generations from staying in the valley. Ms. Raczak pointed out that an owner does not have to ask maximum bid price. The priority would then be to spouse or child, who could purchase the unit. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #18, Series of 1989, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Gassman, Isaac, yes; Mayor Stirling, yes. Motion carried. CONCEPTUAL SUBDIVISION PUD - Gordon/Callahan Cindy Houben, planning office, told Council this is a revised conceptual PUD. The PUD came before Council, who put conditions on the subdivision. The applicant went back to P & Z with a new proposal which added two additional lots. Ms. Houben pointed out that the newly revised plat has an additional lot on the river and a lot near the Riverside subdivision. P & Z reviewed this and approved the conceptual plan that the lot along the river, 2C, will be modified at final plat; the building envelope will be reduced and the setbacks will be reviewed. Ms. Houben said staff is not recommending approval of lot 2C because of stream margin review and integrity of the river front and putting houses close together along the river. P & Z agreed with the applicant about lot 2C and felt comfortable with the condition to reduce the building envelope and FAR on the site. Sunny Vann, representing the applicant, reminded Council the original application was based on the development rights that went 8 Regular Meeting Aspen City Council April 24, 1989 with the Gordon property originally. There was one development right, which came from the previous lot split, as well as one Lipkin development right which went with the property. Vann told Council the applicant also owned the adjacent lots 8 and 9 of the Callahan subdivision. Vann said the original design was an attempt to clean up lot 9 and to accommodate the two original development rights. P & Z approved the project based on the fact that it was held back from the river. and reduced the number of lots. P & Z attached two conditions of approval. They were concerned about the large area that remained undeveloped to the north of the property. The applicant could not submit plans because they did not they did not have the right to build on that property and restricted that area to no more than two lots. Vann reminded Council they approved this plan but placed a restriction against development on one of the two lots adjacent to the river. Vann said part of the reason for this action was the lack of plan for the rest of the property and the concern over the 1010 Ute project. Vann said subsequent to Council's review, the applicant obtained two additional~Lipkin rights, came back to Council and requested an amended approval to locate the two lots consistent with P & Z's original approval. Council declined to hear it at that time and remanded this back to P & Z. P & Z approved the revised plan. Vann said the final plan represents a thoughtful use of the land; it is within allowable density, it addresses concerns raised by adjacent neighbors, and access to the property. Stan Mathis, representing the applicant, said they have had to solve concerns of the neighbors, access easements, and the density in an adjacent subdivision. Mathis told Council the applicants were able to get a new access easement since they own both parcels of property. Mathis said they convinced Mr. Enlow he would not have a trail near his house and he abandoned his right to the 30 foot access easement. Mathis said the applicants then can give the city a trail easement which will connect to Crystal Lake road. Mathis said they traded property to Mrs . Maddalone so that she will have a buffer against development. Mathis said one requirement was a revised access, which has been accomplished. The 30 foot easement will be vacated only if the trail easement is located as shown on this proposal. Mathis said they have provided separation between the building envelopes greater than zone requirements. Mathis said they have put an extra 5 feet on each side of the buildings. They have a prescribed setback from the river bank. The applicants have agreed to construct a stone wall to keep vegetation the same . Mathis said one area of disagreement with the staff was sterilizing open space on the project . Mathis said open space on the lower portion of the property would not be enjoyed by anyone. Mathis said more of the 9 Reaular Meeting _ Aspen City Council April 24, 1989 community will get use of open space along the river. Mathis told Council they have committed to reducing the FAR. Mathis said the applicants will offer two 300 to 400 square foot employee units attached to any of the 4 units, at their choice. Mathis said P & Z's conditions were to reduce the FAR in lot 2C by 10 percent and to modify the setback from the river. One concern of P & Z was the proximity of the trail alignment to the building envelope. Mathis said the applicants are willing to drop 10 percent from the FAR but they would like latitude on the building envelope. This will help design the trail alignment. The applicant offered to build a segment of the trail as they build the house. Mathis said this project will be using up two Lipkin development rights and will be providing some employee housing. Mathis said they are requesting no parking reductions. The applicants have tried to deal with all the issues that have been brought up. Mayor Stirling opened the public hearing. Timothy Murray, adjacent property owner, said this property was subdivided about 10 years ago and the development rights were that there could be two houses built on this property. Murray said he does not feel there is enough room for 5 houses to go on this property. Vann said the Gordon parcel was created as the result of a lot split with an existing house and one lot for development purposes. Vann said there is no limitation against further development if an applicant complies with subdivision, growth management, PUD, etc. Vann said there have been some GMP alloca- tions for this property granting much larger projects. Vann said this applicant is within the allowable density, it is larger lots than the minimum lot area requirement, it is held back from the slopes of the river, it is lesser lots with more acreage than the adjacent 1010 Ute. Vann said the additional two lots were acquired with transferable Lipkin rights rather than going through growth management. Vann said the project is still going through PUD and subdivision review. The applicant has agreed to locate two accessory dwelling units in any of the houses, except lot 2C because of the proximity to the trail. Bil Dunaway said he agrees with the staff recommendation that development should not be allowed on the lot along the river. It is very important to preserve the river. A lot of people walk along here. Mathis said this was discussed at P & Z and their concerns are addressed with reduction of the building envelope and pulling the building envelope back from the river. Councilman Isaac asked if the trail through lot 2C connects with an existing trail. Ms. Houben said the trails master plan shows a trail through 1010 Ute, which the city has easements for, and a bridge across the river. Councilman Isaac asked if lot 2D is going to 10 Regular Meeting Aspen City Council April 24, 1989 remain a single family house lot. Mathis said it will be deed restricted to a single family house, except for an accessory dwelling. Vann said this is a large lot but is sensitive because of the adjacent property owners. John Elmore, applicant, told Council the reason the trail is located where it is is that the only way to get Mr. Enlow to vacate the 30 foot easement was by bring the trail through the center of their property. Mayor Stirling asked how many sites by right on this parcel does the applicant have. Ms. Houben said the 1983 approval for the Gordon lot splits restricts this to a maximum of 4, which is what they are proposing. Mayor Stirling asked what the transfer of density rights gives to this application. Ms. Houben said the Lipkin rights were given when the Smuggler Trailer Park was approved. Individuals who have purchased these development rights do not have to go through the growth management process to acquire allotments. Murray asked before the transferrable building rights, how many house lots were there on the subdivision. Ms. Houben answered one. Murray said this is transferring Smuggler trailer court building rights to the east end of town to build large houses . Mathis said these lots are larger than lots in the adjacent subdivisions, and the setback are greater than other subdivision setbacks. Council- man Gassman questioned if a reduction of 20 percent of houses from 1010 Ute is what the city wants to see. Councilman Gassman said the Lipkin rights do not change the density. Councilman Gassman said if development rights cost money, a person would be a fool to pay for development rights if they could do just as well by going through growth management and getting the same result. Andy Hecht said the city received a benefit when it gave the Lipkin rights. Hecht said the purpose of these rights is to avoid a process that is long an arduous but not to avoid the exactions. Hecht said the applicant is not increasing his rights by using the Lipkin rights. Mayor Stirling said the things the applicant has given in the development proposal are not enough to warrant Council approving the addition of lot 2C. Mayor Stirling said the density is too great and the river is being overwhelmed. Mayor Stirling moved to approve the Gordon/Callahan PUD with conditions 1, with the trail being worked out in a better way than has been conceptually discussed 2, 3, 4, 5, 6 as is, eliminate condition 7 so there is no lot 2C, 8, 9, and in condition 10 there will be an accessory dwelling units in all 4 lots; seconded by Councilman Isaac. Councilman Isaac said Council has seen this applications many times and it does not quite work. Councilman Isaac said because of 1010 Ute, Council knows what this type of development can do to an area, 11 Reaular Meeting Aspen City Council April 24, 1989 and it's not good. Councilman Isaac said the city has a PUD process for a reason, which is to alleviate the problems in sensitive areas. Councilman Isaac said this application is not doing it. Vann said without review, this could have a single family on lot 9 and a duplex on the other lot. Mayor Stirling said Council's role is to create the best situation for the entire town as well as the applicant. Mayor Stirling said he feels this proposal is too dense. Mathis said he has taken this property through two GMP submissions and has won an allotment each time, once for three duplexes and once for four duplexes. These each represent greater density than 4 dwelling units. Mathis said the open space is spread out over the entire site. Mathis said because of the topography, clustering in this area is very difficult. Vann said the applicant has proposed two accessory dwelling units in exchange for the Lipkin rights. Vann said to not have a regulation which requires accessory dwelling units in every subdivision and to impose it on lot 9, which is a previously subdivided lot, does not appear to be equitable. Mayor Stirling said he would be amendable to discussing accessory dwelling units in only two structures. All in favor, with the exception of Councilmembers Tuite and Gassman. Motion carried. Elmore said there has been a lot of give and take in this applica- tion. They have worked with the adjacent property owners to try and solve problems. Elmore told Council they have a lot of money invested in the project and have paid a lot of money for the Lipkin development rights, relying on the fact the city gave those rights in good faith. Elmore said if the city does not recognize these development rights, he should know this. Councilman Gassman said he cannot see that the community is any better off in this PUD than what the applicant can do by right. PCPA SUIT ON MAROLT PROPERTY Mayor Stirling outlined the conditions, which are that this project be limited to 4.3 acres, which is lot 1; that the land fund be reimbursed for full market value of the land used; that the visual impact of the project are minimized from highway 82 ; and that there be a master plan for the entire Marolt/Thomas property that includes deed restricting the remainder of the property to open space except for the proposed museum use of the barn and any right- of-ways the highway department might need. Council accepted the condition that the project be limited to 4.3 acres. Steve Knous, M.A.A, said they will settle for the 4.3 acres as long as they can get as many units as possible on this site. Don Ensign said there may be over 250 units. Ensign said it is 12 Regular Meeting Aspen City Council April 24, 1989 important they be allowed to have some relief from circulation and parking. Ensign told Council the M.A.A. will do whatever necessary to minimize the visual impact from highway 82. Councilman Tuite said having Council agree to a master plan for the Marolt/Thomas property does not mean future Councils won't do something else. Councilman Tuite said the highway may go through this property and reconfigure the open space. Council agreed to master plan the entire area. Hal Clark, PCPA, told Council they feel this 4.3 acres is worth somewhere between $675,000 and $2,000,000 present market value. Clark said the PCPA board voted to consider exchanges of the Marolt property for the Institute property. Clark said the highest and best use of this property is probably single family dwellings and present market value would be $500,000 per half acre lot. Clark said another way they looked at the property is multi-family units valued at $12,000 for land value per unit. Clark said the PCPA is interested in cash payments, either from the project or from the proposed RETT, of $500,000 to the open space fund and these be put back into improvements for the Marolt/Thomas property. Clark said the PCPA is willing to look at terms for this $500,000. Clark said the PCPA suggests putting a conservation easement on lot 2 of the property, which would take some of the value away from the property. This may be worth $1,000,000. Clark said he has talked to Fritz Benedict about donating land to the parks trust or to the city. Mayor Stirling asked if the PCPA has taken a position on the old Marolt house being used'for housing. Clark said they have not taken a position on that. Their major concern is the buildings not be enlarged or expanded. Fritz Benedict offered a trade of land for the 4.3 acres. Their proposed gift is 10 acres on Hunter Creek. Benedict said he feels these two parcels have equal value. Benedict said this could be a passive picnic park, 15 minute walk from the BLM parking lot. Clark said either this donation or a conservation easement on lot 2 would be satisfactory to help meet the market value requirement. Clark said the PCPA is interested in the improvement of the Marolt/Thomas property as a passive park. The PCPA is also trying to establish a market value for open space lands. The PCPA does not like people looking at open space as "free" lands and wants to establish quid pro quo situations when any other developments are proposed for open space. Mayor Stirling said he likes the idea of the money staying for the Marolt/Thomas property. Mayor Stirling said he agrees with a 5 year pay back, which is the length of the proposed real estate transfer tax. Mayor Stirling said except with the discretion of Council, this land has no developable value. Mayor Stirling said the city paid about $65;000 per acre when they bought this 13 Reqular Meeting Aspen City Council April 24, 1989 property. The property has not appreciated because it has not been in the free market. Mayor Stirling said he sees the value of this portion of the property at $250,000. Mayor Stirling said if Benedict wants to donate the Hunter Creek property to the PCPA separately, that is fine. Councilman Gassman said he has a hard time valuing that land at more than $250,000. Councilman Gassman said in order to value it more, the Council would have to zone it. Councilman Isaac said he likes the concept of putting money back into the Marolt/Thomas property. Councilman Isaac agreed the repayment should be about $250,000. Councilman Isaac said he does not feel the free market value applies to the Marolt property. Jon Mulford illustrated on the map what the city purchased in 1983. Mulford said this was a total of 13.4 acres and the city paid $156,000 per acre. This gives the figure of $675,000 for lot 1. Clark said when the city bought the Marolt property, there was a development proposal for 30 free market units and 70 employee units. The present proposal of 150 units is an increase over that proposal. Mayor Stirling moved to accept the generous offer of Fritz Benedict, that Council come to an agreement on the $250,000 which would be put back into the sixth penny to be used solely for Marolt and Thomas and that it be paid in five $50, 000 installments between 1989 and 1994, whether or not the RETT passes; seconded by Councilman Gassman. Steve Knous, M.A.A. said it is important that the $50,000 not come from the housing project. The project cannot support this extra payment. Mayor Stirling agreed. Councilman Gassman said that is not his intent. Mayor Stirling agreed to restrict lot 2 to no expansion of any of the buildings. Mayor Stirling said his motion included that Council is in agreement on points 1, 3, and 4. Paul Taddune, special counsel, said this is an expression of intent because there may have to be some legal documents and ordinances worked out. All in favor, motion carried. Mayor Stirling said there should be a fifth condition that the PCPA agrees not to file any lawsuits in relation to the Marolt property. GOLDSMITH HOUSING PROPOSAL Jim Adamski, housing office, told Council he looked at city land for this structure. There is no city land available that would not need a vote . Adamski said he also worked with the county . Adamski has identified 3 parcels; one owned by Hans Gramiger, land owned by Pitkin County at the airport, and land owned by Fritz Benedict. Adamski said the latter two have not worked out. The land owned 14 Regular Meeting Aspen City Council April 24, 1989 by Gramiger is the least expensive and would cost about $100,000. Adamski said there is no site he would recommend the city move on. Adamski said the school district does not have any land available. Henry Goldsmith told Council he has spoken to Fritz Benedict and Hans Gramiger. Goldsmith said Gramiger's property would be the best solution. Goldsmith said he has to know if the city wants the dwelling or it is to be demolished because there are preparations to be made. Mayor Stirling moved to commit Council and the housing authority to spend up to $125,000 to relocate the Goldsmith house if an adequate deal can be worked out in the time frame needed by the Goldsmith's; seconded by Councilwoman Fallin. Mayor Stirling said this would be very inexpensive housing; however, the city does not have the property for the structure. Mayor Stirling said this money will come out of cash-in-lieu funds. Councilman Tuite asked about Gramiger getting credits for employee housing. Mayor Stirling said this would have to be clarified for Council. All in favor, motion carried. AVIA PROPOSAL TO PROHIBIT AUTO ACCESS TO CERTAIN DOWNTOWN STREETS Mark Friedberg, AVIA, told Council the purpose of the Aspen Valley Improvement Association "shall be to take appropriate actions designed to protect, preserve and enhance those qualities that have made the Aspen valley a unique and special community in which to live, work and play". Friedberg presented a paper called, "Enhan- cing the Pedestrian Experience in Aspen". Friedberg said the existing malls have proven to be successes but Aspen has failed to capitalize on this victory for the pedestrian in the downtown area. Friedberg said in spite of pollution and traffic problems, Aspen has done little to de-emphasize the automobile domination. Friedberg said if the drivers are compelled to parking in the new parking structure by reducing the parking spaces downtown, this will make an inroad into pollution and improve the pedestrian experience. Friedberg said unless streets are closed to auto- mobiles, people will not park in the new parking structure. Friedberg said in conjunction with the parking structure, the city should offer a continuous, free shuttle between the parking and Aspen mountain. Friedberg said AVIA suggests Galena be closed from the parking structure to Cooper Avenue, that the Cooper mall should be extended east to Hunter"street, and Hyman should be closed from Galena to Hunter streets. Friedberg said there should be aggres- sive marketing of the bus service from the airport. Other transportation modes should be studied immediately. Friedberg told 15 Regular Meeting Aspen City Council April 24, 1989 Council the executive committee of the AVIA is Charles Brandt, Janice Collins, Fred Davies, Don Erdman, Mark Finkel, Ted Goudvis, Connie Harvey, Jean Jaffee, Bob and Ruth Kevan, Bob Maynard, John McBride, Dwight Shellman, Russell, Cathleen Smith, Margerie Stein, John Sweeney, Bob Taylor, and Chuck Vidal. Councilman Tuite said this is a great idea but has to be looked at in a comprehensive plan and a realistic way of moving people around town. Currently people are just being moved from outside to town. Mayor Stirling moved to have a joint meeting with RFTA and BOCC and invite the AVIA, and have~it on or before June 15; seconded by Councilwoman Fallin. All in favor, motion carried. REQUEST TO WAIVE TAP FEE - Hospital Housing Councilman Tuite moved to table this to May 22; seconded by Councilman Isaac. All in favor, motion carried. AUTO FREE DAYfS PROPOSAL Ellen Sassano, planning office, presented a map outlining the proposed auto free area, which is the commercial core between Main and Durant and Monarch and Hunter. Access into the commercial core will be available for delivery vehicles. Ms. Sassano told Council the Skiing Company has agreed to the use of their parking lot at Buttermilk as an intercept lot, which will accommodate about the number of parking spaces that will be closed off in town. RFTA will run a shuttle route from the parking lot into town starting at 7:30 a.m. All RFTA service will be free throughout valley on the auto free days. Ms. Sassano said two recommendations for the auto free days are May 28 and 29 or June 2 and 3. The first is Memorial Day weekend, and there may be objections to that from retail shops. Ms. Sassano said there will be some costs for police enforcement, sheriff's department to direct traffic into the Buttermilk parking lot, posting of signs to notify the public, signs and barricades, and advertisements in the media. The Skiing Company has asked that they be covered by the city's insurance for using the parking lot. The Skiing Company would like the city to sweep the parking lot when they are done using it. Councilwoman Fallin said trying this on a holiday weekend would doom it to failure. Councilwoman Fallin said she would prefer June 2 and 3. Councilman Isaac asked why the staff is planning this on a weekend. Ms. Sassano said she is trying a combination of a week and weekend day. Mayor Stirling said he would prefer two week days. Councilman Gassman asked what the city hopes to learn from this. City Manager Bob Anderson said it will be a hint of what 16 Regular Meeting Aspen City Council April 24, 1989 would happen if the city either closes the streets or expands the malls. Councilman Isaac said this will also increase the awareness of what it will be like to have an auto free downtown. This may encourage use of buses by people who are commuting every day. Councilwoman Fallin said she would prefer two separate days. Ms. Sassano said staff felt two days in a row would be better for enforcement and costs. Councilman Tuite asked if one has to get off highway 82 and use the intercept lot or will people be able to drive into town. Ms. Sassano said people will be able to park on the outskirts of the auto free area. Councilwoman Fallin moved to have auto free days June 1 and 2 and the area shown on the map be included and that the money come from the Council contingency fund; seconded by Councilman Isaac. All in favor, motion carried. Mayor Stirling moved to suspend the rules and continue to meet until 9:30 p.m.; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. REQUEST FOR HPC BUDGET Mayor Stirling moved to accept the proposal presented in Roxanne Eflin's memorandum for $2,900 to come from the contingency; seconded by Councilman Isaac. All in favor, motion carried. LIMELITE STREETSCAPE PROPOSAL Jim Gibbard, engineering department, told Council the Limelite would like the streets adjacent to the Limelite widened in order to increase the parking. Gibbard said this would create more angle parking. Gibbard said the engineering department objects to this request because the Limelite is asking for exclusive use of the increased parking. Gibbard said the curb line modification would create problems for snow removal. Gibbard said he calculates there would only be a net gain of 10 spaces. The buffer between the street and the building which the public right-of-way provides would be diminished. Dale Poss, Limelite lodge, petitioned the city to move portions of the street and to construct a sidewalk along Monarch and Cooper to benefit the city and the guests by increasing the parking spaces from 14 to 31 parking spaces. Poss said the same number of parking spaces will be kept for the general public and that the additional spaces be reserved for Limelite guests. This will benefit the city by getting tourists out of 17 existing parking spaces at no cost to the city and without giving up any existing parking. Poss said the change will also benefit RFTA by giving them a wider driving space for the buses. This proposal also benefits pedestrians by giving them a safe sidewalk. Poss said landscaping will be done 17 Regular Meeting Aspen City Council_ April 24, 1989 after construction. Poss said this will cost the Limelite between $30,000 and $40,000 and in exchange, they would ask that the new parking spaces be reserved for guests of the Limelite. Councilman Tuite said he would endorse this proposal if the city does not give the right-of-way away. The city would get at least 10 parking spaces at no cost. Councilman Tuite said the city can treat snow removal by not going into the neckdown. Councilman Gassman said this seems to be contrary to creating auto free zones and not emphasizing the automobile, and expanding the bus service. Councilwoman Fallin said she agrees with Tuite and supports this. Councilman Isaac said he is not in favor of widening the streets. Councilman Isaac said he is concerned about designating the spaces solely for the Limelite lodge. Mayor Stirling said the Limelite should do more with parking on their property. Mayor Stirling moved to accept the engineering department's recommendation against this proposal; seconded by Councilman Isaac. Jim Barnett said the 17 additional spaces to be built at the expense of the Limelite are for the people who will be staying at the lodge. The parking structure and the buses are for people who commute daily to Aspen. Spence Videon spoke in favor of the proposal. Videon pointed out the Limelite is also proposing to install sidewalks at their own expense. Bruce Kerr told Council as an adjacent owner he is strongly in favor of this proposal.. All in favor, with the exception of Councilmembers Tuite and Fallin. Motion carried. RFTA BUS STOPS Dwight Shellman, RFTA member, said arrangements have been made for posting bus stops. They would also like to have "No Parking Here to Corner" posted in these areas. Shellman told Council he talked to the traffic engineering for RFTA who said there is not a problem with buses pulling in these corner areas. Shellman recommended Council approve the "No Parking Here to Corner" areas and have RFTA post bus stop signs. Councilman Gassman moved to approve the bus stop proposal; seconded by Councilman Tuite. Councilman Isaac asked if there will be shelters at these stops. Shellman said they do not plan installing shelters but do hope to put benches at these locations. All in favor, motion carried. 18 Regular Meeting Aspen City Council April 24, 1989 COOPER AND ORIGINAL INTERSECTION Mayor Stirling withdrew because of a conflict of interest. Dwight Shellman, RFTA member, told Council this improvement was recom- mended by the transportation development plan. This would permit westbound traffic on highway 82 a right turn on to Original. This would stop through traffic crossing Original. Shellman said there. was discussion of a major project which would require removal of trees. Shellman said he would like something smaller, an island with a stop sign and minor improvements to the right turn lane. Shellman said the highway department will accept the smaller project if the city does it. Shellman said this will cost $45, 000. The engineering department is recommending against this for budgetary reasons. Shellman said the installation of this smaller improvement will facilitate the busses in this intersection. City Manager Bob Anderson said this was not budgeted and the only alternatives Council has are to displace something on the list funded by the serial tax levy or to use up the contingency fund. Councilman Gassman said he would rather discuss this during budget time. Jim, managing agent of the Original street condominiums, objected to the proposal because of the loss of trees and sidewalk in this area. Councilman Isaac moved that reconstruction of the intersection of Cooper and Original not be approved at this time and it be brought back at budget time; seconded by Councilwoman Fallin. Council- members Fallin and Isaac in favor; Councilmembers Tuite and Gassman opposed. Motion NOT carried. Councilman Tuite moved if there is no impact on trees, minimal impact on parking, and funding can be found from another source, that this be supported; seconded by Councilman Gassman. All in favor, with the exception of Councilman Isaac. Motion carried. Mayor Stirling moved to suspend the rules and meet for another 15 minutes; seconded by Councilwoman Fallin. All in favor, with the exception of Councilmembers Isaac and Gassman. Motion carried. TEAGUE CODE INTERPRETATION APPEAL Councilman Gassman left due to a conflict of interest. Alan Richman, planning director, told Council he was asked to make an interpretation whether the applicant's practice as an architect can be classified as either an artist's studio or shop craft industry both of which are permitted in the S/C/I. Richman determined that this use is a professional office; that architect is specifically listed in the code as a professional use. Richman said since it is listed, he was not able to find it could also have another interpretation. The applicant has appealed this inter- 19 Reaular Meetina Aspen Citv Council April 24, 1989 pretation to Council. Richman told Council he has made a site visit. This is a loft environment and is well suited to assembly activities that Harry Teague practices. Richman told Council he is taking this position because of concern about the service/commercial/industrial zone district. This is a very limited area and an area which provides a variety of services to the local community. Richman reminded Council that local services are being pushed out of areas they once occupied. Richman said P & Z feels strongly about the need to protect the S/C/I zone. Richman said this use can be housed in several other zone districts and should not be allowed in the S/C/I. Richman said if Council is inclined to support this, this practice should be differentiated from other architect's practices. Council should find a basis that this is an artist's studio and to identify the hands-on assembly of his practice. Gideon Kaufman, representing the applicant, said Harry Teague's creative uses are different" and fall within the intent of the S/C/I zone district, which was amended in 1985 to include artists studios. Kaufman said when Council adopted this in 1985, they were concerned about the artists community and made an effort to accommodate them. Kaufman said Teague's office is unique and he has a hand-on approach to constructive design services and also does fabrication. Kaufman said Teague is zoned out of the typical office zone, in which hands on work is inappropriate. Kaufman said S/C/I is the only zone which can accommodate Teague's varied uses. Kaufman said the neighbors and artist's community support this request. Kaufman said to say that because the code defines office profes- sional to include architects and since office is not a permitted use in the S/C/I zone means it's prohibited is too narrow an approach and precludes the intent of the code amendment that was adopted. Kaufman pointed out in the original memo from the planning office to P & Z, specifically included Michael Martin, an architect and designer as a purchaser and user of the building. The code amendment was intended to include this architect and his uses. Kaufman said Teague's design office is as much in tone with the S/C/I as Martin's. Kaufman urged Council to find that Teague's office fits within the intent of the S/C/I zone. Councilwoman Fallin said in the original amendment for artists studio, one of the original petitioner's was an architect. Councilwoman Fallin said she supports this use in the S/C/I. Councilman Isaac said he has a problem as an architect is not necessarily an artist. Frank Peters said Harry Teague is not just an architect, he is a designer, sculptor and painter. Vicki Fuller said architecture is considered an art and is shown in museums as art. Brad Miller supported this application. Michael Ernemann 20 Regular Meeting Aspen Citv Council April 24. 1989 said architecture is practiced in a broad range of ways, and Teague is very far to the art end of this spectrum. Simone Genatt supported this application. Sara Pletts said Harry Teague is in keeping with the original philosophy of the building. Councilwoman Fallin moved to allow Harry Teague's architectural/- artist studio to be an allowed use in the S/C/I zone; seconded by Councilman Isaac. Councilman Tuite said there are a lot of architects in Aspen. Councilman Tuite said the city is trying to keep the S/C/I uses for local oriented uses. Councilman Tuite said because of Teague's involvements with the arts groups is why Council is making this interpretation. Councilwoman Fallin pointed out there are no essential services in this building. All in favor, motion carried. Councilman Tuite asked if this is going to be a precedent to the planning department for any architect. Mayor Stirling said this is not a precedent at all. ORDINANCE #20, SERIES OF 1989 - Cap's Land Trade Councilwoman Fallin moved to read Ordinance #20, Series of 1989; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #20 (Series of 1989) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING THE TERMS AND CONDITIONS OF AGREEMENTS FOR THE DISPOSITION OF REAL ESTATE IN THE RIO GRANDE AREA (NORTH MILL AND SPRING STREETS) FROM THE CITY OF ASPEN TO DRACO INC. (D/B/A CAP'S AUTO) AND ALSO BETWEEN THOSE PARTIES, WHICH DISPOSITION WAS APPROVED BY THE VOTERS AS BALLOT QUESTION NO. 2 IN THE SPECIAL ELECTION OF AUGUST 9, 1988, TO WIT : THE EXCHANGE OF ONE PARCEL OF APPROXIMATELY 2 , 2 0 0 SQUARE FEET NOW OWNED BY THE CITY FOR TWO PARCELS OF A TOTAL OF APPROXIMATELY" 4 8 0 SQUARE FEET NOW OWNED BY CAP' S TO SQUARE OFF THE BOUNDARIES OF THE RESPECTIVE HOLDINGS; THE GRANTING BY THE CITY OF A PERMANENT, NON-EXCLUSIVE ACCESS EASEMENT TO CAP'S; THE GRANTING BY CAP'S TO THE CITY OF AN OVERDIG AGREEMENT TO FACILITATE CITY DEVELOP- MENT OF ITS PROPERTY AND A RIGHT OF FIRST REFUSAL ON THE EVENTUAL SALE OF CAP'S PROPERTY; FURTHER, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE REFERENCED AGREEMENTS AND ANY OTHER DOCUMENTS NECESSARY TO COMPLETE THE AUTHORIZED TRANSACTION AND SETTING A PUBLIC HEARING ON THIS ORDINANCE was read by the city clerk 21 Reqular Meeting Aspen City Council April 24, 1989 Councilwoman Fallin moved to adopt Ordinance #20 Series of 1989, on first reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Fallin, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to suspend the rules and meet for 10 more minutes; seconded by Councilman Tuite. Councilmembers Tuite and Stirling in favor; Councilmembers Isaac, Fallin and Gassman opposed. Motion NOT carried. Councilwoman Fallin moved to reconsider the motion and meet for 5 more minutes; seconded by Councilman Isaac. All in favor, with the exception of Councilman Gassman. DRUG GRANT Mayor Stirling asked if Council wants to submit an appeal. Councilman Tuite said the statement was made that Aspen was rejected on the basis that the funding would not be effective without the support of the local council and commission. Council- man Tuite said the vote was 4 to 1 in favor of the grant . Council- man Tuite said he would like it on record that the interpretation of the department of public safety is incorrect. Councilman Gassman as the dissenting vote, it would be fine for the police chief to write and state he has support of the Council. Councilman Gassman moved that Council authorize John Goodwin to appeal the decision; seconded by Mayor Stirling. All in favor, motion carried. YOUTH CENTER Skip Behrhorst told Council he was uncomfortable with the letter that was drafted. Behrhorst said the letter he drafted ties into the SPA approval and the youth center needs support of Council and Commissioner to address their intent to donate the land. The city's draft did not address this intent. Councilman Gassman said Council should endorse the application but should be neutral at this point. This should go through the regular land use procedure. Behrhorst said in past meetings there has been unanimous consent of Council to make this land available for a youth center. Mayor Stirling said the youth center could not make the applicant unless they had the ground. Behrhorst said in reliance on Council's commitment, they have spend about $10,000 for this project. Councilwoman Fallin moved that Council formally grant permission to the youth center board to submit a land use application for the development of a youth center on a portion of the city-owned Rio Grande property; seconded by Councilman Gassman. 22 Regular Meeting Aspen City Council April 24, 1989 Councilman Gassman said the city owns this land. Mayor Stirling said the money already spent is at risk. When the youth center gets approval, then they will have reliance and can get a lease or deed from the city. Behrhorst said he would like a consensus of this location and the youth center is right. Mayor Stirling said the Council needs to have this go through the process, hear from the public, see the site plans, plans for the building, etc. All in favor, motion carried. Council adjourned at 10:15 p.m. Kathryn S Koch, City Clerk 23