Loading...
HomeMy WebLinkAboutminutes.council.19890626Regular Meeting Aspen City Council June 26, 1989 EPA REPORT 1 DAVIS SISTER CITY WEEK 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS .. 3 COUNCIL APPOINTMENTS 6 CONSENT AGENDA 7 CLOSURE OF LAKE STREET 7 ORDINANCE #31, SERIES OF 1989 - $4,600,000 Housing Bonds 8 LOT SPLIT - Elmore (Hyman and Original) 9 LOT SPLIT - Volk (Oklahoma Flats) 10 CASTLERIDGE REPORT 12 AVIA REQUEST - Meadows Zoning 14 ORDINANCE #37, SERIES OF 1989 -Rezoning Golf Course (Red Roof Inns) 19 21 Regular Meeting Aspen City Council June 26, 1989 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Tuite, Crockett, Peters and Gassman present. EPA REPORT Councilman Tuite told Council he met with EPA representatives last week and discussed the EPA's involvement in the Smuggler area. Paula, project manager, told Council the EPA is having a set of meetings and trying to answer people's questions regarding lead exposure. Paula said the EPA is considering a variety of options, which they have shared with the BOCC and Council. Councilman Peters asked about the potential health hazard from air borne dust in moving dirt. Paul said this can be a significant problem, and there would be a range of measures that would have to be taken to mitigate the problem. Paul said there are chemical or physical dust suppression methods. People would have to be temporarily relocated to not be subjected to this. Councilman Tuite said the EPA has said that the remedy they have adopted is still subject to change. Paula told Council the EPA is being flexible on the date to sign off on the plan. DAVIS SISTER CITY WEEK Lea Busch, Garmisch-Partenkirchen; Michel Caillot, Chamonix, and Bruno Berber, Davos, were present as representatives of Aspen's Sister Cities and at the sister city week. Mayor Stirling and Council presented gifts to representatives of the cities. Mayor Stirling said the Sister Cities program began in 1983. Len Olender, Sister Cities Committee told Council there are 75 members. The programs are divided into committees. Olender said Aspen has free consultants for problems that exist or may have existed in Aspen's Sister Cities. Olender said the sharing of information between Sister Cities is crucial. CITIZEN PARTICIPATION 1. Frank Ross reminded Council at the last meeting they directed the city attorney to draw, up an ordinance to correct a zoning mistake on his property. Ross requested this be added to the agenda. Fred Gannett, city attorney's office, told Council from his research it appears the error was inadvertent and made within the city. Mayor Stirling moved to add Ordinance #38, Series of 1989, as VIII (s); seconded by Councilman Peters. All in favor, motion carried. 2. Jon Busch said there is a problem in the public right-of-way on Monarch between Main and Bleeker. The owners have bermed the public right-of-way and put in rocks and trees. This makes it 1 Regular Meeting Aspen City Council June 26, 1989 impossible for pedestrians to move through the public right-of-way. Busch said the city staf f has looked at this and is not sure how to handle it because of recent Council discussions on sidewalks in the west end. Busch requested Council direct the engineering department to have the landscaping plan corrected so that pedest- rians can walk through the public right-of-way. Mayor Stirling moved to direct the engineering department to take this under advisement and report back to Council July 10; seconded by Councilman Gassman. All in favor, motion carried. 3. June Kirkwood brought up Lake Avenue and the traffic speeding through there. Ms. Kirkwood said there is an inconsistency on speed limits throughout the town. There is a 15 m.p.h. for school zones when school is in session. Lake Avenue is used by music students. Ms. Kirkwood requested Council look at closing this street. Fritz Benedict said there is a group of people who would like Council to consider what was there a couple of years ago when Lake Avenue was partially closed. Councilman Peters moved to add this to the agenda right after the consent calendar; seconded by Councilman Tuite. All in favor, motion carried. 4. Bill Greenwood said the 6th annual Aspen Air Show will be here July 2, 1989. Greenwood invited Council and public to come to the Air Show. 5. Cindy Houben said she and two other staff members have notified Council of their interest in purchasing the Taddune house on Cemetery Lane. City Manager Bob Anderson recommended Council hold off until they make a decision on the planning director and city attorney, who also might need housing. Ms. Houben said if Council does not think their plan is a good alternative, they would like to know now so they can make other plans. Mayor Stirling said Council will try and make a determination by July 10. 6. Charles Tauber told Council they have requested a special event for before the 4th of July Parade. This is a pre-parade kids bicycle fashion show. Tauber told Council the ARA and Hub are putting this on. Patsy Malone, special events coordinator, told Council all the department heads have reviewed this. The request is to close the street south of Paepcke park. The ARA supports this as it adds children's activities to the 4th of July. Councilman Gassman moved to approve the street closure; seconded by Councilman Peters. All in favor, motion carried. 7. Kelley Kelly, recreation department, thanked Council for approving covering the pool and said she hopes it will be a big 2 Regular Meeting _ Aspen City Council June 26, 1989 step in community health and education. Mayor Stirling requested this be put on the July 10th agenda. COUNCILMEMBER COMMENTS 1. Councilman Tuite said last Monday Council discussed sharing the cost of the facilitator to work with the landowners in Smuggler and coming up with a plan with the EPA. Councilman Tuite requested formal approval for $5,000. Mayor Stirling moved to add this to the agenda as item VIII(t); seconded by Councilman Peters. All in favor, motion carried. 2. Councilman Crockett said Council needs to set up a second goals session as a follow up. Mayor Stirling suggested Council review the draft this week before a formal gathering. Councilman Crockett said Council still has issues to address. Council scheduled this for July 6 .at 5:30 p.m. in the Council Chambers. Council requested that their goals paper not be finalized until after this meeting. 3. Councilman Crockett asked about a local preference ordinance for local contractors bidding on city projects. Councilman Crockett said he would like staff to do research on this. Fred Gannett, city attorney's office, told Council staff brought a local preference ordinance to Council about 3 years ago. Gannett said he will update and circulate this research. 4. Councilman Crockett said the housing office has requested a work session with Council. Council scheduled this for July 17 at 5 p.m. 5. Councilman Crockett said he would Council's support on RFTA's car and van pool marketing. Councilman Tuite told Council at the last RFTA meeting, an additional staff person was turned down on a 3 to 2 vote. Councilman Tuite said one concern is that Bruce Abel is leaving and it may not be the time to add more staff. Councilman Tuite said RFTA does need an additional person to move along the car and van pool as soon as possible. Councilman Peters moved that Council urge the RFTA Board to reconsider funding the data base and car and van pool organization as proposed by Bruce Abel; seconded by Councilman Crockett. Councilman Crockett said one of the conditions of the Red Roof PUD agreement is that they integrate a car and van pool. This is to hire someone to put the program into operation. Councilman Peters said he feels this program can be really cost effective. City Manager Bob Anderson said this is one of the best expenditures the city can make; it is a minimal risk with a maximum possibility. 3 Regular Meeting Aspen City Council June 26, 1989 All in favor, motion carried. 6. Councilman Gassman asked about the planning director hiring process. City Manager Bob Anderson recommended Council consider an executive session after this meeting to discuss the hiring of a planning director. Councilman Crockett moved to have an executive session after this meeting to discuss personnel; seconded by Councilman Gassman. All in favor, with the exception of Mayor Stirling. Motion carried. 7. Councilman Gassman said there has been a request to expand the lease for the restaurant at the golf course. Councilman Gassman said this lease is up in the fall. The Council has briefly discussed looking into leasing the entire golf course operation. Councilman Gassman said it appears there are some advantages to doing this. Councilman Gassman suggested Council schedule this for a work session. Council scheduled this for July 17th at 6 p.m. 8. Councilman Gassman asked for an update on the work on the trail behind the post office. Bill Efting, leisure services department, told Council this was seeded last week. The timing was not good, and the Sanitation Department agrees they will reseed and do some plantings in the fall. 9. Councilman Gassman said he is not pleased about the design of the Council Chambers. The way the Council is presenting itself to the public is very bad. Councilman Gassman asked the Council consider rearranging the room. Mayor Stirling moved to designate Councilman Gassman to work with the city manager and bring a report back by July 10; seconded by Councilman Peters. All in-favor, motion carried. 10. Councilman Gassman said Mayor Stirling will be gone July 9 to July 29. Councilman Gassman said one of the things Mayor Stirling has been very successful in doing is making the city and Council accessible to the public. Councilman Gassman said he will be keeping the same office and mall hours as Mayor Stirling. 11. Councilman Peters said the planning office is over burdened with regulatory work right now. Councilman Peters said he would like a work session with the planning office staff to discuss what they are working on, what Council thinks is important, and maybe a way to reorganize priorities. Council scheduled this at 7 p.m. July 17th. 12. Councilman Peters said he had two meetings last week on bringing in private contractors to help with the affordable 4 Regular Meetinq Aspen City Council June 26, 1989 housing. Councilman Peters said it was decided to hire Chuck Vidal and Glenn Horn as private contractors to assist the city to develop pro formas on redevelopment, identifying best values for affordable housing. Councilman Peters said it would be useful for Council to meet with the contractors, housing authority, planning staff and BOCC to discuss their ideas. Mayor Stirling suggested this be added to the continued meeting later this week. Mayor Stirling said the Council needs to begin immediately with the carriage unit accessory unit issue, and may need consultants to work on that too. 13. Councilman Peters suggested extending Council meetings 15 minutes, having a speaker phone and having call in after the meetings. Council agreed -staff should work on this idea for a future Council meeting. 14. Mayor Stirling told Council Susan Griffiths, special counsel, will be in town tomorrow. Mayor Stirling said she would like to meet with Councilmembers in the morning. 15. Mayor Stirling said the documents for the parking structure are not finished. Mayor Stirling requested these be tabled to a continued meeting later this week. Deputy City Manager Ron Mitchell said the insurance company and bond people have worked out the lease amount should the city not continue it's obligation. The documents are being printed today. Mayor Stirling moved to continued the meeting to Thursday, June 29, at 5 p.m. to consider items VII a, and b, VIII c and q; seconded by Councilman Gassman. Councilman Peters asked if the city's liability insurance will extend to the directors of the public facilities board. Mitchell said the city's insurance will. All in favor, motion carried. 16. Mayor Stirling moved for the July 10th agenda a resolution be prepared proposing that the Rocky Flats facility be closed; seconded by Councilman Peters. Mayor Stirling said this is the whole issue of the federal government placing in Colorado facilities that have potential for enormous damage to the environment and to individuals. Councilman Crockett said he would prefer concentrating on pressing issues facing Council here. All in favor, with the exception of Councilman Crockett. Motion carried. 5 Regular Meeting Aspen City Council June 26, 1989 17. Mayor Stirling said he has received compliments on the streets department and their work from the newly annexed areas. 18. Mayor Stirling said the director of the environmental research group, Bob Lewis, requested to be appointed to the Colorado Hazard Mitigation Council. Council agreed to this recommendation. Mayor Stirling said this group received a grant from the city but did not receive grants from the highway department or forest service for work on Independence Pass. Mayor Stirling requested the city manager to follow this up. 19. Councilman Crockett moved to direct the city manager to pursue the possibility of funding the 2 percent raise for city staff out of the budget surplus; seconded by Councilman Tuite. Councilman Tuite said this will be an appropriate topic for budget policies discussion in July 10. Councilmembers Tuite and Crockett in favor; Councilmembers Peters, Gassman, and Mayor Stirling opposed. Motion NOT carried. 20. Mayor Stirling reminded Council of the meeting Tuesday, June 27 at 5 p.m. at the community center with the human services agenda. 21. Councilman Tuite said he is not interested in getting two reports a month from staff. Councilman Tuite said he would prefer a monthly report on where staff is on what projects Council has assigned, what the time lines are. Council agreed. 22. Mayor Stirling said there is a public safety discussion June 28 at 7 p.m. at Aspen Square. John Goodwin, police chief, said this has been put together by leadership Aspen Group. They requested the police chief and sheriff come and discuss public safety issues in the county. There is also an invitation to the Council and Commissioners to attend. COUNCIL APPOINTMENTS Councilman Peters will be on the CML policy committee. Mayor Stirling said there is a BOR Ruedi meeting on July 7th on the discharges our of Ruedi. Mayor Stirling said the city should be represented at this meeting, and referred this to Fred Gannett and John Musick for comments. 23. Mayor Stirling said he sent a letter to Dean Billings to extend leases to his tenants throughout the summer. 24. Mayor Stirling said there are 14 vacancies on city Boards and Commissions. Council scheduled the Board interviews for July 12 at 5 p.m. Council requested these be advertised until July 7th. 6 Regular Meeting Aspen City Council June 26, 1989 CONSENT AGENDA Mayor Stirling moved to approve the consent agenda; seconded by Councilman Gassman. Councilman Tuite asked if the Maroon Creek Wheeling agreement for 5 years is a good agreement. Deputy City Manager Ron Mitchell said it is the same way that Ruedi is set up; Holy Cross and Colorado Ute would not go beyond 5 years. Councilman Peters asked if the power station will be on line for most of the 5 years. Mitchell said it should be in operations within the next 60 days. Councilman Crockett said there is a special event permit for Herron park. Herron park is getting heavily used and the parking gets to be a real problem. Councilman Crockett asked if something can be done about the impact on the neighborhood. John Goodwin, police department, said people can~be encouraged to park at the Rio Grande and use the trail to Herron park. Mitchell reminded Council the parking at the Rio Grande has not been opened for this summer. Council told staff this parking lot can be used and requested staff to alert the Jimmie Heuga benefit organizers of this. All in favor, motion carried. CLOSURE OF LAKE STREET Fritz Benedict reminded Council the streets from Lake to the music tent were partially closed 3 or 4 years ago. This was initiated through the PCPA. Benedict said this is an important route for music students and festival goers. Benedict said there is no sidewalk in the area towards the tent and people have to walk in the street. This route goes a block north of Carl's pharmacy, over to the Elementary school to the Given Institute and to the tent. Benedict said this is an ideal location because there are no cross streets. Benedict suggested a two phase process. The streets department would put up barricades and the music associates would put up signs indicating this is a pedestrian route. Benedict said the advantages are to make a safe route for pedestrians and bicycles, it would encourage walking and reduce traffic. This would also improve the safety of triangle park. Benedict presented a plan showing some removable barriers. Councilman Crockett asked if the neighbors have been talked to about this. Several neighbors were present who indicated they were in favor of this proposal. Benedict told Council this would be for the summer season only. Bill Greenwood said if this were tem- porary, he would be mostly in favor of it. Charles Tauber asked what keeps the next neighborhood from saying they want their road closed. A neighbor said this is a walking path to the tent, and having cars and walkers is opposed to each other. 7 Regular Meeting Aspen City Council June 26, 1989 City Manager Bob Anderson said this starts at Monarch and Bleeker, which will cause more traffic on Bleeker. Alan Blomquist said the city had this path at one time and it was heavily used. Blomquist said he feels the disruption will be minor. The pastoral quality of the walking experience has been demonstrated. June Kirkwood said the primary concern is •safety in the area and for the children using the park. Councilman Gassman said this is not a new idea. Councilman Gassman said the traffic is a real problem in this area . The city is trying to make it convenient for people to walk. Councilman Gassman said this is not a permanent closure. Council- man Peters said he feels this would benefit the neighbors, too. Councilman Crockett said there are other alternatives to look at before the city closes streets. Councilman Crockett said there are the same traffic problems on other streets. Councilman Crockett said he would rather discuss master planning auto free Aspen than doing it in a piecemeal fashion. Councilman Crockett moved that staff develop some intermediate alternatives to pursue to attempt to resolve the problems in the area, like traffic control, enforcement, lowering the speed limit, better patrolling, potential for sidewalks. Motion DIES for lack of a second. Councilman Peters moved to accept the implementation of the temporary street closure starting as soon as possible, extending at least to encompass the scheduled events and the Windstar symposium; seconded by Councilman Gassman. The streets to be closed off start at Monarch and Bleeker, past the elementary school, the Given institute, turning right at Lake Avenue to the intersection of Gillespie and Third. John Goodwin, police department, told Council his department will have to buy barricades as they are not equipped for this. Councilman Tuite said he would like to see a public notice and hearing for those that are effected by this. Council agreed to put this on the July 10 agenda for a hearing. Mayor Stirling said there is a movement to begin to create more of an auto free town. Councilman Peters amended his motion to include this be on the July 10 agenda; seconded by Councilman Gassman All in favor, with the exception of Councilman Crockett. Motion carried. ORDINANCE #31, SERIES OF 1989 - $4,600,000 Housing Bonds Connie Jungbleuth told Council the issue sold very well at 7.1 percent average interest rate. Mayor Stirling opened the public hearing. 8 Regular Meeting Aspen City Council June 26, 1989 Richard Roth said he is concerned the city avoid the problems they have had at Castleridge; that the tenants have a grievance procedure built into the contract, that there be tenants represen- tation on the authority that runs the project. Roth said all leases should be issued to individuals and leases not tied to employment. Jim Adamski, housing office, told Council these apartments cannot be leased to businesses . Adamski said the project is owned by the city and leased by the housing authority, and anything can be built into 'the management agreement. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #31, Series of 1989, as amended on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Crockett, yes; Tuite, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. LOT SPLIT - Elmore (Hyman and Original) Leslie Lamont, planning office, told Council this request is for a GMQS exemption and lot split. The property is zoned RMF. The proposal is to split 12,000 square feet into two 6,000 square foot lots with the development potential for a single family dwelling on each site. Ms. Lamont told Council the applicants must provide an accessory unit on each parcel. The applicant has agreed to the conditions of approval. Ms. Lamont amended condition #3 to read, "easements, in the event that they are required, shall be approved by the engineering department and indicated on the final plat". Sunny Vann, representing the applicant, told Council the existing structure is currently occupied by the owner of the property. There are no immediate plans for it's removal, which would require approval of HPC under Ordinance #17. Vann said they will provide two accessory dwelling units, which will have to be built at the time of the single family dwelling units. Mayor Stirling proposed the applicant being required to deed restrict the house so that it has to be integrated into any development on lot 1. Vann said there is no requirement that existing structures have to be retained. There is a requirement that demolition of duplexes and multi-family structures have to provide replacement housing. The replacement housing is being provided in conjunction with the redevelopment of the property. The retention of the house does not fit into any issues that Council has been discussing. Mayor Stirling said he feels the house has historic value. Vann said the house is on the inventory, and Ordinance 17 states all structures on the inventory are subject to HPC review. Vann said at time demolition is requested, the applicant will have to make a presentation to HPC under the guidelines of Ordinance #17. 9 Regular Meeting Aspen City Council June 26, 1989 Councilman Peters asked if the applicant were allowed to build a detached accessory dwelling unit, would it be completed sooner. Vann said the owner plans to offer the lot for sale, and the plans are not known. Mayor Stirling asked if the applicant would entertain that any access be off the alley and not off Hyman street. Vann said the access to the garages will be off the alley. Vann said it is their intent to remove the curb cut which encroaches in the right-of-way. Vann said they intend to install sidewalks, curb and gutter. Mayor Stirling moved to add as condition #8 that any garages be accessed of the alley and not off Hyman street; seconded by Councilman Peters. Mayor Stirling moved to add condition #9 that the one story wood house be required to be integrated into any development that would occur on lot 1. Motion DIES for lack of a second. Councilman Crockett asked if there is any incentive the city can provide to the applicants to keep the house. Vann said the applicant elected to go to two single family houses. Vann said the historical surveys have indicated that the house no longer contains historical significance under the HPC's criteria. Vann pointed out the neighborhood is basically multi-family. Councilman Peters suggested the applicant be required to pay cash-in-lieu for the demolished unit as well as providing accessory dwelling units. Councilman Crockett said his goal is to preserve what is left of the neighborhood. Councilman Tuite moved to approve the GMQS and subdivision exemption and lot split for the Elmore property with the conditions out lined in the planning office memorandum, condition #3 as amended and the addition of condition #8; seconded by Councilman Crockett. All in favor, with the exception of Mayor Stirling. Motion carried. LOT SPLIT - Volk (Oklahoma Flats) Leslie Lamont, planning office, told Council the request is to consolidate a four-step process into a two-step review process, GMQS exemption, lot split and final PUD approval. This is zoned R-30/PUD. The applicant is requesting to subdivide a 1.5 acre parcel into two lots of 31, 680 and 36, 710 square feet for develop- ment of two single family homes with two accessory dwelling units. P & Z has approved the consolidation of this into two steps. Ms. Lamont told Council this application complies with the exemption process and lot split critieria. Ms. Lamont told Council the issues that arose at P & Z are the rights-of-way on Bay and Spring streets. Ms. Lamont said the 10 Reaular Meetina Aspen Citv Council .June 26, 1989 applicant has agreed to a reserved dedicated right-of-way for such time as the city needs to enlarge the streets. Ms. Lamont told Council Spring street is deficient by 40 feet and Bay street is deficient by 48 feet. Ms. Lamont said the city requested 20 feet along Spring and 24 along Bay for a reserved dedication. Ms. Lamont told Council this dedication will have minimal impact on the lot split except for the side yard setback for lot 1, and moves the building envelop in 5 feet. Ms. Lamont recommended on lot 2, the side yard setback be doubled to 20 feet so that the house will not overwhelm the next door structure. Ms. Lamont told Council the applicant has agreed to the conditions of P & Z and those requested by the staff. Sunny Vann, representing the applicant, told Council this land would accommodate more units under a PUD. The applicants have owned the land for a long time and would like to keep one lot for themselves and sell the other lot. Vann said the mature vegetation on site will be retained. Vann said the applicants will provide the right-of-way dedications and will agree to join an improvement district. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Gassman said one of the things that makes this neighbor- hood charming are the narrow streets. Councilman Gassman said it seems odd to contemplate putting a 40 or 50 foot street in this area. Councilman Gassman said he would be opposed to ever using this right-of-way. Ms. Lamont said the city could not allow the insufficient right-of-way to pass by when it is in violation of city code. Mayor Stirling said he would like to make the language stronger so that no trees would be removed on any lot. Vann said the parks department requires landscaping to mitigate the loss of any tree for which a permit is issued. P & Z has required the applicants submit a landscaping plan to make sure the replacement is satisfactory. Vann said if they are not allowed to remove any trees, it may force a design which is less satisfactory. Councilman Peters asked if there are any improvements on these lots. Vann said one lot is vacant and one lot has an older structure which is not on the historic inventory. Mayor Stirling said that structure could be the accessory unit. Vann said it would have to be brought up to code and placed so that it works on the lot. Vann said the accessory units are contemplated to be smaller one-bedroom units. Vann said a detached accessory unit is not allowed. Councilman Crockett said the goal is to preserve whatever character is left of neighborhoods, whether it is trees or houses. Vann said this structure is not worth saving and the HPC did not place it on the inventory. Vann said a caretaker unit will be provided as part of reconstruction. 11 Regular Meeting Aspen City Council June 26, 1989 Mayor Stirling moved to add a new condition ##14 to require that the existing house on lot 1 be retained and utilized as an accessory unit and that it can be detached; seconded by Councilman Peters. Art Daily, representing the applicant, told Council this structure already has a demolition permit. Daily said if the structure is forced to remain, the access and utility easement designeds for the project may not work. Daily said the HPC has looked at this house and decided not to put it on the inventory. All in favor, with the exception of Councilman Tuite. Motion carried. Councilman Gassman moved to approve the consolidation, GMQS exemption, lot split subdivision final PUD for the Volk property, deleting conditions 1 and 2 and adding the new condition as above; seconded by Councilman Peters. Councilman Tuite said a demolition permit has already been issued; and where does that put the city. Fred Gannett, city attorney's office, said the applicants have relied on a demolition permit and Council cannot unilaterally withdraw that approval. Councilman Crockett asked if there is a way to provide incentive to the applicant to retain the existing structure. Council decided they would rather leave conditions 1 and 2 in the approval. Councilman Gassman withdrew his motion. Mayor Stirling moved to approve the consolidation, GMQS exemption, lot split and final PUD on the Volk property including conditions 1 through 13, adding a new condition 14 which urges the applicant to make every attempt to preserve the existing structure on lot 1 and possibly have some discussion about incentives the city might come up with like tap waiver or whatever; seconded by Councilman Gassman. All in favor, motion carried. CASTLERIDGE REPORT Deputy City Manager Ron Mitchell told Council staff met with the tenant and with Tom Lacy to go over the issues . One item discussed was a way to establish on-going dialogue with the tenants, Castle- ridge Associates and the city to assure the tenants they have a method to express their grievances. Mitchell said everyone is in agreement to set this procedure up. Mitchell said delaying this rent increase 30 days was discussed, but Castleridge Associates was not in agreement. Castleridge Associates has presented an alternative to this. Mitchell said one major concern of the tenants is how the section in the modified agreement for rent increases is to be interpreted and implemented. 12 Regular Meetinct Aspen City Council June 26, 1989 Fred Gannett, city attorney's office, said the rent increase above the 5 percent, which is allowed for, would be escrowed and the city would be provided with a copy of the accounting. The city would be reviewing the operating costs to determine whether the 2.4 increase is appropriate. City Manager Bob Anderson said the housing authority's financial advisor has volunteered to look at the books. Councilman Crockett said he is under the impression that due process was not followed to notify the tenants in a timely fashion. Gannett told Council the modification agreement does not explicitly define the method by which the rent increases are calculated. This is implied in several documents. Gannett said the intent was there would be a gross rental increase by 5 percent plus the verified operating costs. This is capped based on the housing guidelines on individual units. Gannett said there could be a disproportional increase to various units as long as the cumulative increase was 5 percent plus the operating costs. Gannett said this is not expressed but seems to be the intent. The protective trigger is the housing guideline caps on any given increase. Mitchell said the intent was that the square foot cap apply to the individual units and to the gross rentals. Councilman Peters said he is appalled the way the project has been managed. Councilman Peters .said the agreement is not a good agreement for the city. Councilman Peters said he would like to talk to the owners about renegotiating the agreement. Mayor Stirling asked if the owners would consider a 7.4 percent increase across the board. Tom Lacy said the one-bedrooms would be over the cap at a 7.4 percent increase. Anderson said the housing authority will be the ombudsman; the length of the leases will be one year; an audit has been set up to see if the 2.4 percent increase is justified; the city attorney has gone through the contract. Councilman Crockett said he would like to hear about the notice to tenants for the rent increase. Gannett said the agreement requires that the notice be given concurrently. Gannett said the city received notice but the tenants did not receive concurrent notice. Gannett said whether this is a breach of contract is open to question. Gannett said he does consider the notice defective. Gannett said the issue of cats and move up fees are not defined in the contract. Gannett said the document does state the intent is to keep this an affordable housing project. Gannett advised Council to conduct the audit, look at the results and determine if Council wants to move towards renegotiation or towards default. Gannett said if the owners are willing to escrow the rents, this will show they are in compliance with the contract provision which states any distributed amount to be escrowed pending the results of an analysis. 13 Regular Meeting Aspen Citv Council June 26. 1989 Councilman Gassman said last year the city tried to help the owners work out their problems. The owners do not seem to want to help the city out this year. Councilman Crockett said he would like to wait and get the audit done so the city can aggregate the informa- tion they need. Mayor Stirling moved that Council allow a rent increase starting July 1st with a cap of 7.4 in each of the categories, that the leases not be renewed until the negotiations can continue with Castleridge Associates with a report back to Council in July. Motion DIES for lack of a second. Councilman Peters moved to approach the problem on a two prong fashion; (1) pursue an audit of the operating expense 1987-1988 and (2) pursue direct contact with the principle owners of Castleridge to renegotiate the contract specifically the provision that allows for the base rentals to be computed on the total amount of the rent role; and also pursue perhaps getting back Castleridge; and to postpone the rent increase to August 1st based upon the good faith efforts the city made last year to keep Castleridge out of bankruptcy; seconded by Councilman Crockett. All in favor, motion carried. Council requested this be added to the continued meeting June 29. Gannett said there is an issue of the tenants having to qualify. Jim Adamski, housing office, said all tenants have to qualify annually. Council and Lacy agreed that the rents can be postmarked by July 5 under the allocation of the April notice. AVIA REQUEST - Meadows Zoning John McBride, chairman of AVIA, reminded Council the AVIA presented conclusions over a year ago from a survey done of 41 citizens regarding the Meadows/Institute land. At that meeting, Council requested the AVIA and their board do an outline proposal for a new zone for the Meadows/Institute property. McBride said this was presented to Council July 11, 1988. The AVIA was told Council was not going to take action for 90 to 120 days because they were receiving a submission of a plan for the Meadows land. McBride said they have received a lot of support from the West Side Improvement Association for the plan that was submitted by the AVIA. McBride said the AVzA has not received a response to their request. McBride said this was a serious study and the AVIA has found this area very special to the citizens . McBride said the land was zoned public and institutional in 1966. McBride said very little has happened with the property; however, it has become more public, more institutional and academic and more a part of the community since then. McBride said it is their belief that this special area 14 Regular Meeting Aspen City Council June__26, 1989 should be treated in a special way and should be looked at very carefully by Council. McBride said no major development has occurred in Aspen that has happened in advance of specific zoning. McBride said a new plan is going to be presented to Council by the consortium. McBride said the AVIA does not want to sabotage the arts but represents a lot of people who have lived here a long time. McBride said it is important Council hear from citizens who care a lot about this property as well as from the developers. McBride said it may be inappropriate to zone this land right now; however, it is important Council hear how the citizens feel. Mayor Stirling said this is a request to zone the entire 88 acres academic and cultural campus zone. Mayor Stirling asked if there is anything that precludes rezoning as an application is in process. Alan Richman, planning office, said nothing precludes it; however, the staff and P & Z would be in a difficult position to be dealing with two separate and different actions on parallel paths. Richman said in the early 1970's there was an effort to zone the property consistent with the new master plan. No final result was every reached on that process. Richman told Council staff has had some meetings with P & Z to review the application submitted by the consortium. Richman said the first threshold issue asked of P & Z was if they were comfortable moving forward in the absence of underlying zoning. Richman told Council P & Z felt if they had had an opportunity a year ago to zone it before a plan was before them, they would have liked that. P & Z also felt that now a plan if before them, they were okay going through the development. It would not make sense to be looking at the abstract of the property at the same time as the specific. Richman told Council P & Z also reviewed 11 other threshold issues, some of which were sent back for more work by the applicant. Bill Kane told Council the consortium is comprised of the M.A.A., Aspen Center for Physics, IDCA, Aspen Institute and Hadid Aspen Holdings. Kane told Council they are engaged in a delicate compromise planning process involving 4 non-profit groups and the owner of the Meadows. The central focus of this effort is to find a long term home for the non-profit institutions, to give them land ownership, to give them long term tenure, and to find a source of funds for a building program to allow these organizations to succeed in the future. Kane said the process had been communicat- ing with staff, P & Z and some 50 surrounding property owners. Kane told Council they have not returned to P & Z as they are trying to balance the various interests that exist on the property. Kane told Council the applicant intends to appear before P & Z July 11 with a revised plan. Kane told Council there were 8 significant issues raised by P & Z and neighbors that have been addressed in the plan. These are access, use of conservation lands, the overall 15 Reaular Meeting Asben Citv Council June 26, 1989 unit count, the historic preservation of the trustee houses, a concern about transportation and parking, housing types, integra- tion housing into the campus to make sure this housing houses academic participants, and concern about a long term fix. Kane said the applicant will meet with the neighbors on this plan early July before it is presented to P & Z. Kane said the concerns about an initiative to undertake rezoning are that it confuses a legitimate community planning process. Kane said a zone to use scheme makes legal the existing buildings but places total restrictions on new buildings and preempts the possibility for some public-oriented buildings on the property. Kane said Council has ultimate discretion on approving or rejecting this plan. Kane said the timing for a rezoning initiative is not good as P & Z will be seeing the plan in less than 2 weeks. Kane said this initiative is very discouraging to what they think is a positive community planning process. Kane said the city has time to rezone the land if this plan does not go forward. Kane told Council the conservation lands on Castle creek are no longer part of the consideration; there is no building proposed for that area. Kane said generally the single family proposal is being traded for a proposal of townhouse and trustee housing, which is more traditional. Kane said they are dealing with access. The townhouses will be preserved and incorporation of the buildings into the lodging base for the Institute and M.A.A. programs. Councilman Crockett asked if the consortium has compared their proposal to that of the AVIA to see if there are conflicts. Kane said the AVIA is proposing a zone to use program, which would not permit housing for the things needed by the consortium. McBride said AVIA suggested certain permitted uses allowed by right, including private school or university, lecture and seminar facilities; auditoriums; library; gallery; museum; administrative offices; lodge units, duplex and multi-family residential dwellings principally intended for participants and guests of the permitted uses; and accessory use facilities commonly found in association with academic and cultural facilities. Richman said the issue is how much is being allowed. Richman pointed out the uses on the property are a very wide array. Zoning to use, when one looks at the uses, is not the problem; it is the other restrictions that may stop any type of redevelopment from occurring. Councilman Gassman said the city historically has said to the non- profits at the Meadows they have to figure out their own problems and the city does not want to be involved. Councilman Gassman said what is lacking in this community planning is any involvement of the public. The public, through the city, is empowered by the state land use legislation to master plan and to zone. Councilman Gassman said his objection to the way this process has evolved is the public has been completely excluded. Councilman Gassman said 16 Reaular Meetina Aspen Citv Council June 26, 1989 preservation of these cultural institutions is essential to preservation of Aspen. Councilman Gassman said the city has neglected their obligation of helping these groups out. Councilman Gassman said the discussion Council should be having is how to most effectively re-introduce this into a public discussion. Richman said the development proposal is in a public hearing process before P & Z. There has been quite a bit of public involvement, which has helped to reshape the plan. Richman reminded Council a year ago, staff recommended zoning this property. It was decided not to do the zoning. Richman said the applicant has done a lot of planning work, analyzing the property, the environment, the utilities, transportation. Richman said the city is reviewing an application with a lot of information in it. Richman said if the city has to take the initiative to zone the property, they will have to do all the work the applicant has been doing. Councilman Peters said he perceives a vast difference in the two processes. In one process, planners are working for principles to develop a plan that is an open community effort. In another process, planners who work for the city are attempting to do the same thing. Councilman Peters said in his opinion, the city planners can better represent the interests of the citizens of the city of Aspen, as well as the interests of the non-profit groups and of the owner of the property. Councilman Peters said the citizens are in a reactive mode; the city should be in the front seat in terms of developing a plan for this property. Councilman Peters said the effort appropriately belongs on the city's side. Councilman Peters supports this request to zoning to use. Councilman Peters said there are no parameters or guidelines for this SPA with no underlying zoning. Mayor Stirling moved to suspend the rules and meet to 10 p.m.; seconded by Councilman Tuite. Councilman Tuite said Council should decide what they need to finish tonight. Councilman Gassman suggested finishing the Meadows, the rezoning of the Red Roof, and discuss the planning director and put off everything else. Mayor Stirling withdrew his motion. Mayor Stirling moved to suspend the rules as long as it take to finish the Meadows, the rezoning Red Roof and executive discussion of the planning director; all other items will be continued to June 29 at 5 p.m.; seconded by Councilman Gassman. All in favor, motion carried. All in favor, motion carried. Gideon Kaufman, representing the Institute, reminded Council several years ago the Institute came to the city to see if on the 22 acres the Institute owned they could to improvements to have better programming for their participants. Kaufman said the 17 Regular Meeting Asuen Citv Council June 26, 1989 Institute was told this was"a complete parcel of land and the full 88 acres had to be dealt with at once. The Institute was told to work with the other property owners . Kaufman said the 4 non-profit groups have worked together and with the property owner to come up with a program. Kaufman said the non-profit groups have spent a lot of time and money in this process. The non-profit groups have worked diligently with the owners, with staff and with citizen groups. Kaufman said they will be coming forward on July 11 with a plan that is responsive to the community and to the non-profit groups. Councilman Crockett asked what is the downside of pursuing zoning the Meadows property right now. Councilman Crockett said he feels uncomfortable with a developer proposes what he perceives would be the appropriate zoning. Richman said the SPA process does not give the applicant anything by right. Richman said the city has more control over that property right now than they ever will again. The applicant has come in with a land development application with no zoning, no guarantee that any number of units will be accept- able. McBride said what is important for Council to hear is that there is a real concern from the citizens, who really care about this property and feel like it is quite public. McBride said if the developer is about to present a plan to the city that might address concerns expressed by the citizens, the city should look at it. Mayor Stirling moved to table this request to August 14; seconded by Councilman Crockett. Mayor Stirling said he is in sync with all the concerns. Mayor Stirling said he does not feel the city loses anything and there is a great gain possible by waiting 30 days to see the proposal. Councilman Gassman asked what the basis for denying an application for this SPA zone would be. Richman said on the original applica- tion there were any number of reasons to deny it. Richman said the staff and P & Z found the project incompatible with a number of community policies and basic planning efforts of the community. Richman said there is a file of what the community has found inappropriate for this property in the past. Councilman Gassman said this piece of land is very crucial to what the town is. Kane said what SPA communicates to the applicant is that it is inherently a public planning process that requires consensus building. Richman said there are a lot of communities when dealing with project like this that don't have underlying zoning because that sets parameters before the project or the property is looked at. Councilman Peters said this is the third time the city has told the AVIA to wait more to see what comes out of the consortium. Councilman Peters said he has a problem with abandoning the duty of the city to master plan this area. 18 Regular Meeting Aspen City Council June 26, 1989 All in favor, motion carried. ORDINANCE #37, SERIES OF 1989 - Rezoning Golf Course (Red Roof Inns) Councilman Gassman moved to read Ordinance #37, Series of 1989; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #37 (Series of 1989) AN ORDINANCE REZONING THAT PROPERTY IN THE CITY OF ASPEN, COLORADO, KNOWN AS LOT 2 OF THE ASPEN GOLF COURSE SUBDIVISION FROM GCS (GOLF COURSE SUPPORT) OVERLAY TO PUB (PUBLIC) was read by the city clerk Councilman Gassman to adopt Ordinance #37, Series of 1989, on first reading; seconded by Councilman Tuite. Councilman Crockett asked if there will be given priority to essential community service personnel. Jim Adamski, housing office, told Council if they chose, he will do that. Councilman Tuite said the is similar to the danger of having businesses decide that their employees should live in a place and one's job is contingent upon one's work. Councilman Peters said he is concerned about the safety of crossing highway 82 where the bus stop is. Councilman Peters said he does think people will walk the 400 yards to use the stop light. Councilman Peters suggested relocating the bus stop, a stop light or an underpass. Tom Stevens told Council the applicants have committed to par- ticipating with the department of highways on discussions on this intersection. Stevens said they will stripe the crosswalk and sign it for pedestrians. Stevens told Council an underpass will cost $175,000. Councilman Gassman agreed this is a dangerous intersec- tion. Stevens said they will look at auto disincentives as much as possible. Stevens said they can lease a van from RFTA for a van pool service for the residents of this project. This will get the mass transit within the project. Councilman Peters asked if a stoplight can be installed that is signalled by the van driver. City Manager Bob Anderson said the highway department is not real keen about these. Stevens said they will continue to work with the department of highways on this stretch of road. Tom Baker, planning department, said the highway department will require some channelization for this project. Councilman Tuite asked that the speed limit in this corridor be looked at. Roll call vote; Councilmembers Peters, yes; Gassman, yes; Tuite, yes; Crockett, yes; Mayor Stirling, yes. Motion carried. 19 Regular Meeting Aspen City Council June 26, 1989 Council scheduled the public hearing on this ordinance July 17, 1989 at 5:00 p.m. Council scheduled an interview with a city attorney candidate, Tuesday, June 27 at 3:30 p.m. Council left the meeting at 10:00 p.m. Kathryn Koch, City Clerk 20