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HomeMy WebLinkAboutminutes.council.19900910Regular Meeting Aspen City Council September 10, 1990 PROCLAMATION - Aspen Results 1 PROCLAMATION - American Indian Week 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR 3 LIQUOR LICENSE AUTHORITY 4 ORDINANCE #57, SERIES OF 1990 - Adopting 1988 Mechanical Code 4 ORDINANCE #58, SERIES OF 1990 - Adopting 1988 Plumbing Code 4 ORDINANCE #59, SERIES OF 1990 - Adopting 1988 Building Code 4 19 91 MILL LEVY 5 FINAL MASTER PLAN ASPEN MEADOWS 5 ORDINANCE #63, SERIES OF 1990 - Crown PUD Amendment 13 ORDINANCE #64, SERIES OF 1990 - Whitcomb PUD 14 ORDINANCE #61, SERIES OF 1990 - Appropriations 14 RESOLUTION #38, SERIES OF 1990 - Delinquent Business Licenses 15 NWCCOG DUES STRUCTURE 15 RESOLUTION #40, SERIES OF 1990 - Youth Center 16 17 Regular Meetina Aspen City Council September 10, 1990 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Pendleton, Peters, Gassman and Tuite present. PROCLAMATION - Aspen Results The Mayor and Council proclaimed September 1990 as Aspen RESULTS month dedicated to seeking solution to children's problems by better understanding the causes. PROCLAMATION - American Indian Week The Mayor and Council proclaimed the week of September 17 as Native American Week. The Wheeler Associates are bringing the world famous American Indian Dance to the Wheeler September 19 and 20th. CITIZEN PARTICIPATION 1. Katharine Thalberg told Council her building permit is being held up and requested Council's help on clarifying a city policy. (Mayor Stirling and Councilman Gassman stepped down due to a conflict of interest). Ms. Thalberg said her building was a pilot project in creating the historic district on Main street. Ms. Thalberg said it would be helpful if the building department knew that Council is behind the protection of historic buildings, as stated in the code. Ms. Thalberg requested to be added to the agenda as she has reached the deadline for another building season. Ms. Thalberg said this is the third season she has applied for exactly the same building permit. Councilman Peters said he would prefer to have the staff involved present and to have the city manager broker the problem for Council. Councilman Peters said Council has no written informa- tion. Councilwoman Pendleton agreed she does not want to discuss this without hearing from staff on what the problems are. Jed Caswall , city attorney, told Council there is a dispute between Ms . Thalberg and the building department concerning an interpretation of an agreement entered into April 5, 1990, which states if Ms. Thalberg were to come in subsequent to that date and seek a building permit, the building department had the discretion to determine, upon application of that new permit, whether or not the public lavatory would have to be brought into compliance with state, federal and local laws regarding accessibility for the handicapped. Caswall said this is not appropriate for Council to address. The ordinances establish an appeal procedure by which any applicant who is dissatisfied with the determination of the building department regarding a building permit request can appeal that to the Board of Adjustment. Caswall said the appeals process has not been exhausted in this matter. Also, there is no role for Council to play in this type of matter unless there is a complaint about the way the building department operates. 1 Regular Meeting Aspen City Council September 10, 1990 Ms. Thalberg said the building inspector has some confusion about what his authority is and whether to sign the building permit. Ms. Thalberg said earlier the building official had told her he had no problem with the application and felt it would be an improvement. Ms. Thalberg told Council she was surprised to find out this was changed. Ms. Thalberg said Council has given incentives to historic buildings for years. Council would be within its rights to indicate a direction to go for historic structures. Councilman Peters said the building department staff has the authority and responsibility to make technical determinations of public safety and well being, accessibility, or whatever the issue is. If there is confusion about what the building authority is under given ordinances, this should be clarified. Councilman Peters said he is not interested in giving direction to the building department on how to make determinations specific to public health and well being. Councilman Peters said he would be glad to entertain legislation that makes it easier to serve the public and to preserve public buildings. 2. Bob Gish, public works director, introduced Larry Ballinger the new water superintendent. COUNCILMEMBER COMMENTS 1. Councilwoman Pendleton brought up the Hallam Lake water diversion project and asked if this will be resolved before the winter. Carol O'Dowd, city manager, told Council staff is doing their best to use the easements and to meet the deadlines but may be forced into doing a more expensive pumping arrangement that may not be as environmentally sound as the original proposal. Jed Caswall, city attorney, said it was hoped to be able to obtain an easement through the condominium project. The owners of the condominium project would like cash compensation for use of the easement and also want the city to pay to have the property appraised. Mayor Stirling said he would rather go by gravity than using a pumping station. Councilman Peters said the threshold is whether or not a gravity system could be designed. If it can be designed, that is the only alternative he would favor. Pumping with electricity is wasteful and costly. Councilman Peters said he would like staff to use their best efforts to negotiate easements; if they cannot be negotiated, they should be condemned. Councilman Tuite said he wants to see this gravity and to get done this year, if possible. Councilwoman Pendleton and Mayor Stirling said they want to see if done this fall. Mayor Stirling requested the city manager help to move this project along. 2. Mayor Stirling said he would like to see the ski museum concept moved ahead and find out what the process should be . Mayor 2 Regular Meeting Aspen City Council September 10, 1990 Stirling said staff needs to research the Hadid organization's obligation to the Aspen Ski Club. 3. Mayor Stirling asked the city manager to follow up a bench with a plaque in the park next to city hall to acknowledge the years of work of Jim Markalunas, prior water superintendent. 4. Carol O'Dowd, city manager, said she will be presenting Council with a list of proposed budget meetings. The opening budget session will be September 27 1 p.m. to 4 p.m. 5. Carol O'Dowd, city manager, requested two items be added to the consent calendar; one is the contract to complete the work at the parking garage for $160,000 as a contribution to Jesse Graber. The second item is a resolution to lease property to the Youth Center. Mayor Stirling moved to add the Resolution to lease ground to the Aspen Youth Center be added as IX(h); seconded by Councilwoman Pendleton. All in favor, motion carried. 6. Jed Caswall, city attorney, reminded Council Levinson was present about temporary storage of the house at 1004 East Durant. Caswall told Council staff has tried to come up with solutions to this. Caswall told Council he has made an interpretation of the zoning code to allow temporary relocation of this historic cottage to a lot two blocks west for about 6 weeks. This is on the basis that this is a residence, the area is zoned residential. This can be done by issuance of a building permit. Mayor Stirling moved to remove (h) off the consent calendar and add Graber construction agreement as related to the ACRA construction contract; seconded by Councilwoman Pendleton. All in favor, motion carried. CONSENT CALENDAR Councilman Gassman moved to approve the consent calendar as amended; seconded by Councilman Tuite. Mayor Stirling said he has some suggested amendments on the Queenstown affiliation, which he will give to the city attorney. Council agreed. The consent calendar is: A. Water Plant House Lease - Jack Reid B. Vote of confidence - Queenstown NZ Sister City C. Youth Center Vending Agreement D. Easement to Rocky Mountain Natural Gas E. Resolution #35, 1990 - Cassens Contract 3 Rectular Meetinct Aspen City Council September 10, 1990 F. Resolution #36, 1990 - Deputy Municipal Judge/Ehrlich G. Minutes - August 13, 27, 1990 H. Graber Construction Agreement All in favor, motion carried. LIQUOR LICENSE AUTHORITY Councilman Gassman moved to approve the liquor license renewals of Thai Restaurant; Skier's Chalet and Steak House; and Carl's Pharmacy; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #57~ SERIES OF 1990 - Adopting 1988 Mechanical Code Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #57, Series of 1990, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Pendleton, yes; Peters, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #58, SERIES OF 1990 - Adopting 1988 Plumbing Code Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #58, Series of 1990, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Pendleton, yes; Peters, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #59, SERIES OF 1990 - Adopting 1988 Building Code Mayor Stirling opened the public hearing. Phoebe Ryerson asked if this code prevents pre-fab housing. Gary Lyman, building official, said there are no changes as far as modular housing is concerned. Councilman Gassman asked if the flexibility in the energy code from the previous ordinance is being retained. Lyman said this is also adopting the model energy code. In the model energy code there are three systems of calculation that can be accepted for a building. These are all different than what has been used in the past. This is more comprehensive and is more flexible than what has been in effect in the past. Mayor Stirling closed the public hearing. 4 Regular Meeting Ashen City Council September l0l 1990 Councilwoman Pendleton moved to adopt Ordinance #59, Series of 1990, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Pendleton, yes; Peters, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. 1991 MILL LEVY Mayor Stirling said according to the Charter, the mill levy is set at the end of the 1991 budget hearings. Staff is asking for a direction from Council to include the proposed 3 mills for capital improvements. Jed Caswall, city attorney, said it is Council's intent to have specific public hearings regarding the mill levy. Caswall suggested these be incorporated into public hearings for budget as a separate issue. Carol O'Dowd, city manager, suggested this be discussed and kept in perspective during the budget discussions; what the 3 mills is for and how other funds will be affected, and how it fits in with the other mills. Councilman Gassman said he likes relating the mill increase to the budget as a whole. Councilman Peters said the capital improvements were taken out of the budget because they are so difficult to fund. Mayor Stirling pointed out staff has suggested some alternative funding sources for city hall renovation since Council has decided not to use the sixth penny. The suggestions are to use the water fund, electric fund, general fund and a portion of the new property taxes for a total of $1, 600, 000 doing this in 1991. This will also be discussed during the budget hearings. Mayor Stirling noted that Council twice took a mill levy tax to the electorate. Councilman Gassman moved to accept Jed's recommendation to decide on the mill levy as provided by state statute in the overall context of the city budget; seconded by Councilwoman Pendleton. All in favor, with the exception of Mayor Stirling. Motion carried. FINAL MASTER PLAN ASPEN MEADOWS Amy Margerum, planning director, said in July Council conceptually approved a proposal made by the consortium on the Meadows for a development plan. One key element of the plan is to allow 4 single family homes on 12 , 000 square foot lots with a maximum FAR of 4 , 540 square feet which includes an accessory dwelling unit. These will be located on the southern edge of the race track meadow adjacent to the existing residential development. The plan also includes 10 new townhouses on the Meadows property located on the existing tennis courts and the existing trustee homes; the square footage will be limited to 2,500 square feet. This plan includes expansion of the lodge base by 50 rooms for a total of 110 rooms. The developer will be allowed to renovate, expand and sell the existing 8 trustee homes on the property limited to 2500 square feet as long 5 Regular Meeting ____ Armen City Council September 10, 1990 as the look remains the same. Anew Seventh street access will be built to run adjacent to the existing Meadows road. Meadows road will be vacated and a trail would be built in place of the existing road. The conservation land will be purchased for $2,000,000 to $2,500,000; Council has agreed to contribute $1,000,000 towards this land; funding for the remaining haw yet to be resolved. The rest of the open space will be deed restricted against any further development. Transfer of ownership of the property to the M.A.A. and Physics Institute will occur. All other elements approved by Council in the draft master plan will remain. Ms. Margerum told Council this went to P & Z in August. P & Z was very supportive of the general concept approved by Council; however, not everything was addressed and resolved. Ms. Margerum told Council P & Z is concerned that transportation mitigation measures are in place; that the city encourages auto disincentives on the property. P & Z wants assurances against expansion of future development of the property and that the deed restriction on the open space cannot be 1 ifted in the future . Ms . Margerum told Council P & Z discussed the location of the new single family homes and feels these would be better south of the new Seventh street in order to separate this development from the race track meadow. Perry Harvey, representing Savanah Ltd., told Council they concur with the proposed location of the townhouses. They are doing site planning and analysis. Harvey said they are looking at 7 town- houses on the tennis courts, 1 at the south end of the existing trustee houses and 2 at the north end. Ms. Margerum agreed it is not known what the design trade offs will be. There is the ability at conceptual or final review to ask for a redesign on these units. Ms. Margerum pointed out this plan shows the 4 single family lots south of the existing access road. There is an option to have one home north of the access road, this would be closest to the Physics Institute. This would allow the road to be further away from the Physics Institute. Councilman Peters objected to the single family homesites and said they violate two principle objectives of the draft master plan. Councilman Peters said there was a lot of work on the master plan. The goals and objectives were compromised in the final product. Councilman Peters said the single family homes occur on the historic race track, which is open space and the Council desired to preserve. These homesites have nothing to do with academic and cultural uses and are designed to produce capital. These development rights are going to require a rezoning. George Stranahan, Physics Institute, told Council the new road will have impacts on the Physics Institute and on their circle of serenity, on the view from the race track and of the race track. 6 Regular Meeting Aspen City Council September 10, 1990 Stranahan said he hopes this is left flexible until more detailed plans come in. Gideon Kaufman, representing the Institute, said their understanding was to go through a draft master plan, which would be the ideal goals of the community. This plan would then be put up against a test of economic viability. This has been done and in that spirit Council, the consortium and the non-profit groups have come up with a plan they feel is the best solution and compromise for the campus. Kaufman said it seems appropriate not to change any goals of the draft master plan but in the adoption of the master plan to eliminate some policies that are conflict with the solution . These policies are goal # 1, policy # 3 "Keep the race track at the west meadows in its current state"; policy #5 "Insure that the development which occurs on the property directly supports the non-profit institutions" and policy #4 which talks about preserving the existing examples of Herbert Bayer architec- ture. Ms . Margerum said while she understands the reasons to change these policies, they are part of the planning process and Council adopted these as part of the public process. This is a policy issue for Council to decide. Mayor Stirling agreed with leaving these policies in as a general direction of the planning policy. Councilwoman Pendleton suggested adding an interpretation of what Council has done with this plan to show the change in the policies. Councilman Gassman said the goals Council started with were valuable and gave something to aim for. Councilman Gassman said these goals were set fairly high; the fact that the plan did not hit the target on all of them does not invalidate what the Council was trying to do. Mayor Stirling said the policies listed were the specific ways to implement a stated goal. Mayor Stirling said policy #3 says "and limit encroachment of development of the periphery of the race track" which is what Council has done. Councilman Tuite said the most important thing to come out of this process will be the specific process on each of the parcels. John Sarpa, representing Savanah Ltd., said years in the future when someone is researching this property, the plan and the zoning will not match. Councilman Peters said the process with the Meadows master plan was public meetings held over months. The public was allowed input at all stages. To start to change goals and policies that were developed at these hearings is to give lie to the public hearing process. Councilwoman Pendleton said she would like some time to think about whether or not to change the policies. Councilman Gassman agreed he would like an opinion from the city attorney. Ms. Margerum said it can be made clearer in the draft master plan that the proposed land use plan does not necessarily meet all of the goals and policies laid out by Council. 7 Regular Meeting Aspen City Council September 10, 1990 Councilman Tuite said he would like to see the alternatives for the homesites kept open. Councilwoman Pendleton agreed leaving the option open with moving the fourth lot on the north side of the road or to leave everything on the south side. Councilman Gassman said his preference is to leave everything on the south side; however, to the extent there is some advantage to the Physics Institute, he would accept changing one lot. Mayor Stirling agreed with leaving this flexible. Councilman Peters said his principle focus would be the intrusion of noise on the circle of serenity; this is the most important issue. Mary Martin pointed out the Institute is only guaranteed 24 more rooms after 15 years of a struggle. Ms. Martin said Council has not helped the Institute at all. Perry Harvey said the planning staff has presented two alternatives for the home sites. The concerns are the intrusion on the Physics, the impact on the Marquesees, the road engineering, the protection of the Meadow and the entrance to the property. Harvey said a 12,000 square foot site with a road to the north of it creates a boundary which defines the edge of the race track. The road to the south of the lot can do a building envelope and restrict the rest of the lot so it retains vegetation and open space. This does not create as much of a barrier. Harvey requested as much flexibility in the site planning to do analysis and come back to Council and P & Z at conceptual submission. Council agreed with the flexibility for the location of the homesites. David McLaughlin, Aspen Institute, pointed out in the beginning the Institute would have preferred to have 120 lodge units as part of the master plan. In trying to find ways to compromise and to reduce density and congestion, they agreed to 110 rooms and access to the trustee houses. McLaughlin said the Institute has an architect working on the hotel rooms and would like some flexibil- ity on the location of these. McLaughlin said the health center, trustee houses and dining hall and academic buildings fall within the historic concept. McLaughlin said he hopes there will be the opportunity to look at the units with Council in a planning session in terms of size, structure, and character. Councilman Peters said one of the policies is that the expansion of the lodge facility emulate the size and type currently there. Councilman Peters said as long as this is a general principle, he does not have problems with flexibility. Kaufman said they would prefer not to have a square foot number that has no basis. Kaufman said the Institute participants live in these rooms for two weeks. Mayor Stirling said what is important to him is the scale of the buildings and how they fit into the Meadows. Mayor Stirling agreed to defer to the applicants on what is appropriate for these rooms. Councilwoman Pendleton agreed. Ms. Margerum pointed out the 8 Regular Meeting Aspen City Council September 10, 1990 footprints for the placement of these units. Council said they had no problems with the proposed footprint. Councilman Gassman said the Seventh Street access is fine as long as Meadows road is vacated. Councilman Peters said the Seventh Street access is a mistake; it does not derive from discussion and logic of the Meadows master plan meetings. Councilman Peters said of all the compromises, it deviates the most in terms of compromis- ing the circle of serenity. Councilman Peters said Council was working on the theory of keeping the impact of development at a minimum in order to preserve Eighth street as an access. Council- man Peters said this is the one element of the master plan which will keep him from being able to support the master plan as a whole. Andy Hecht pointed out Seventh Street has been the choice of the planning office for 15 years and is not a last minute suggestion. Councilwoman Pendleton said she supports the Seventh Street access and would like to see the cul-de-sac at Eighth street down so it is not parallel. Councilman Tuite agreed that Eighth street be vacated. Charles Collins said he has problems with the Seventh Street access. Collins pointed out there are currently two accesses into the Meadows, which break up the traffic rather than having it concentrated on one street. Collins requested Council study the access issue more before making a decision. Councilmem- bers Pendleton, Tuite and Mayor Stirling agreed to stay with the Seventh Street as access on one alignment or another. Ms. Margerum said the employee mitigation would be taken care of if caretaker units were included in the 4 single family homes and deed restricted to low income category. The 10 new townhouses would require mitigation for 16.39 employees. The applicant is proposing to mitigate the impact with cash-in-lieu or off-site housing. Ms. Margerum told Council with the parameters set for the site, staff feels this is appropriate. Ms. Margerum said Council earlier said it would be appropriate to waive employee mitigation for the lodge rooms because they are associated with a non-profit group and could be considered an essential community facility. Ms. Margerum pointed out the code does not allow Council to waive housing for essential community facilities; however, recently Council waived these requirements for the youth center. Ms. Margerum said this can be dealt with through a rezoning of the property or a code amendment to allow for Council's discretion in waiving employee housing for essential community facilities. Councilman Peters said the trustee houses will be basically free market rather than restricted use. Mayor Stirling said the trustee houses have been used for short term, seasonal, long term and he feels the city should not require mitigation for the trustee houses for the original sizes and only have mitigation on the expansion 9 Regular Meeting Aspen City Council September 10, 1990 of the units. Council agreed. The mitigation for the townhouses will be 16.39 units. Council concurred they were willing to give the applicant the option of cash-in-lieu or off-site mitigation. Council agreed with 4 caretaker units dedicated to low income guidelines for the 4 single family homesites. Mayor Stirling said he will support a new zone district for employee housing for the lodge units; Councilwoman Pendleton and Councilman Tuite agreed. Ms. Margerum pointed out the applicant has noted their side of the deal is premised on purchase price of $2 to $2.5 million for the conservation land. Sarpa said from the beginning the applicants have been asked to look at what they can do to make this proposal work. Sarpa pointed out the original proposal was for 17 homes in the conservation area. The conservation zone allows for 2 homes in this area. Sarpa said the community felt very strongly about there being no homes in this area. Sarpa said reminded Council the city's financial advisor on this project said this conservation land was worth $1.5 to $2.5 million. Sarpa said the applicants feel $2.5 million is the right number. Mayor Stirling said Council has conceptually discussed a $1,000,000 contribution towards this purchase with the idea that other groups would help with the purchase . Mayor Stirling suggested a committee meet with the applicant on this and report back to Council September 24th. Councilman Peters said if the city is going to donate $1,000,000 from the sixth penny, the city should obtain the maximum public benefit for that contribution, including access to and use of the property. Councilman Gassman said he would be willing to be on the committee. Councilman Tuite said he does not want to see the city be responsible for the entire $2,500,000 with no resources. Ms. Margerum told Council the consortium has indicated a need to be able to expand and add buildings in the future and not be tied to the limited development of the master plan. The Physics Institute has expressed an interest in adding a new building for scientific research. Ms. Margerum said staff feels the city has gone through a master planning process which was meant to be a long range process and to identify the future needs of all the non- profits. Information for facility needs was included in the process . I f the non-profit groups wish to expand and add buildings in the future, they have the ability to amend the master plan. Ms. Margerum said the city is protected in allowing this because areas in the plan will be designated against further development. Ms. Margerum asked Council if they want to deed restrict every piece of land around the existing buildings against future development or limit this only to the areas designated on the draft plan in green as open space. 10 Regular Meeting Aspen City Council Set~tember 10, 1990 Mayor Stirling said there is about 46 acres of open space which will be deed restricted including the oval, Anderson park, the sculpture park, the area between Paepcke and the Physics. George Stranahan, representing the Physics Center, said they cannot tell what their future needs will be at this time. Stranahan said if a campus is going to be alive and dynamic, it is never finished building. The institutes need to be able to respond to the future and to do it in a timely fashion. Councilwoman Pendleton agreed the Council cannot say this is how the property will be for the next 20 years. Councilwoman Pendleton said the city has to allow some latitude for the future. Councilman Gassman said he would support deed restricting what is shown in green on the map and what is referred to as open space. Councilman Gassman accepted staff's recommendation that any expansion be done through an amendment of the master plan. Councilman Tuite said he hoped when the Council tied this plan down that they were tying down what the project and property will look like. Councilman Tuite agreed any change should come through an amendment to the master plan. Councilman Peters agreed with deed restricting the open space and implementing the master plan. Councilman Peters said nothing will be done on the property without a lot of public input and agreement. Ed Sweeney, M.A.A. , agreed with the need for flexibility for future expansion. Kaufman said it is harder to modify a master plan than to modify a PUD. Kaufman urged Council to look at the possibility of small changes to existing buildings. Mary Martin said there has to be flexibility. Councilman Gassman said it is not his desire to restrict any change but to see change that has an affect gets some review. Councilman Peters said the public and applicants needs some assurance that what is agreed to now is it. Harvey said if the master plan does not allow for any expansion without an amendment to the master plan, one has to amend the master plan as well as go through an SPA amendment. If the master plan has language allowing limited expansion of the academic facilities, during conceptual and final SPA as the zoning is developed this can be pinned down. Mayor Stirling suggested all green open space areas be deed restricted; no further development in the orange areas; and, leave to staff a recommendation on limited changes and a process for these changes. Ms. Margerum pointed out there are criteria in the code for insubstantial amendments to a PUD. Bill Kane presented the proposed trails taken from the adopted trails master plan. Kane said there is a trail on Eighth which can follow the abandoned portion of Meadows road to picnic point. The purpose of this trail is for access to a bridge crossing and to the Rio Grande trail. There is also the Grindlay bridge to give a 11 Regular Meeting Aspen City Council September 10, 1990 direct access from town, the Rio Grande to the music tent. Kane told Council there is also a designated trail along Gillespie street. Kane said the discussion has been on who is responsible for the trails. Kane said the west trail and picnic point bridge have been discussed as a developer responsibility; the other trails and bridge as a public responsibility. Sarpa said the west bridge has not always been part of the developer's proposal. Sarpa said when the developers and non-profits sat down with a compromise plan, the bridge and trail were not a part of their plan. Sarpa suggested this be incorporated into the discussion of the conserva- tion land purchase. Mayor Stirling said he likes the portioning of the responsibility for the trails. Councilwoman Pendleton questioned the need for a trail in the conservation area. Kane said the purpose is to acquire the land to enhance wildlife values and it needs to have public access . Mary Martin said it is wrong to put too much public access right behind an academic parcel. Councilman Peters said the consortium has gotten a large benefit from the compromise plan and should provide some of the trails and bridges. Councilman Gassman said his intent in agreeing to a development plan for the Meadows giving some return to Savanah Ltd. was done in the hope the city would get some cooperation. Councilman Gassman pointed out in other developments, the developer pays the cost of development, and a cost of development is the trails. Sarpa told Council they have pared their side down considerably. There were no trails allocated in their costs. Mayor Stirling said Council feels they have come a long way, too. This will be pursued with the negotiation committee . Ms. Margerum told Council the historic inventory notes the race track meadows and the Aspen Institute for Humanistic Studies are included in the inventory but does not designate exactly what that means. This was discussed with HPC who felt strongly all develop- ment on campus should be reviewed. HPC did not feel strongly about reviewing the 4 single family homes as they will be isolated from the campus. HPC will not be able to alter the provisions laid out in the master plan. Kaufman told Council the Institute feels they have listened and tried to respond to concerns that have been raised. Kaufman said they are concerned about flexibility, especially with the chalets, and because HPC has ultimate control over design. Kaufman suggested a specific exclusion of the chalets from ultimate final HPC review. Kaufman said there is no specific- ity in the designation of the property, they would like the chalets exempt. Harvey said the master plan talks about preserving the significant examples of Herbert Bayer and Fritz Benedict architecture. Harvey suggested Council give HPC an opinion of what they consider to be those significant examples. Councilman Peters said he prefers the 12 Regular Meeting Aspen City Council September 10, 1990 HPC to do the review as they see fit. Councilman Gassman asked if there is confusion about review and design control. Councilman Gassman said he feels there should be some review of what goes on in this project . Ms . Margerum said the HPC wants to insure that whatever is developed on the property will be compatible in scale and character. Mayor Stirling suggested having a different process at HPC for the review of the chalets as opposed to the other buildings. Council agreed. Mayor Stirling said his concern with the rehearsal hall is that it be low profile as possible and not be a great generator of traffic. Mayor Stirling said the rest of the committee will report back on September 24. Mayor Stirling moved to suspend the rules and extend the meeting to no later than 9:45 p.m.; seconded by Councilman Tuite. All in favor, with the exception of Councilmembers Peters and Gassman. Motion carried. ORDINANCE #63, SERIES OF 1990 - Crown PUD Amendment Councilman Tuite moved to read Ordinance #63, Series of 1990; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #63 (Series of 1990) AN ORDINANCE OF THE CITY OF ASPEN GRANTING AMENDMENT TO THE PUD FINAL DEVELOPMENT PLAN OF THE ASPEN CLUB CONDO- MINIUMS FOR THE CROWN RESIDENCE AT 1421 CRYSTAL LAKE ROAD, UNIT C-1 (LOT 13 CALLAHAN SUBDIVISION) was read by the deputy city clerk Kim Johnson, planning office, told Council this is an amendment to the Aspen Club PUD condominiums. Ms. Johnson reminded Council they have been hesitant about insubstantial amendments to PUD as they are cumulatively affecting the original intent of PUDs. The applicant has chosen to proceed with a two step amendment to the Aspen Club PUD. Staff has tried to get the condominium association to come in with a comprehensive PUD amendment; however, that has not occurred. Staff and P & Z recommend approval of this amend- ment. P & Z, however, passed a separate motion to not approve any further requests from the Aspen Club condominium association. This amendment adds 72 square feet. There will be about 100 square feet of site coverage left after this amendment. Councilman Tuite moved to adopt Ordinance #63, Series of 1990, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Tuite, yes; Pendleton, yes; Peters, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. 13 Regular Meeting Aspen City Council September 10, 1990 ORDINANCE #64, SERIES OF 1990 - Whitcomb PUD Councilwoman Pendleton moved to read Ordinance #64, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #64 (Series of 1990) AN ORDINANCE OF THE CITY OF ASPEN GRANTING FINAL PUD DEVELOPMENT PLAN APPROVAL FOR THE WHITCOMB DUPLEX AT 103 PARK AVENUE (LOTS 9,10,11, AND PART OF 12, BLOCK 1, RIVERSIDE ADDITION) was read by the deputy city clerk Councilman Tuite moved to adopt Ordinance #64, Series of 1990, on first reading; seconded by Councilwoman Pendleton. Kim Johnson, planning office, told Council this is the site of an existing duplex and is zoned R-6 with a PUD overlay. The PUD overlay came after the original duplex was developed; there is not existing final PUD plan. P & Z approved this application as well as approved stream margin review. Staff proposes some conditions that should be part of the PUD agreement. Councilman Peters asked the purpose of the PUD overlay in this neighborhood. Ms. Johnson said because of the proximity to the river and the river terrain. Roll call vote; Councilmembers Tuite, yes; Pendleton, yes; Peters, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #61, SERIES OF 1990 - Appropriations Councilman Tuite moved to read Ordinance #61, Series of 1990; seconded by Mayor Stirling. Motion carried. ORDINANCE #61 (Series of 1990) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $74,425; APPROPRIATING GENERAL FUND EXPENDITURES OF $83,755; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $264,800; APPROPRIATING LAND FUND EXPENDITURES OF $31,500; TRANSFERRING $89,000 FROM THE LAND FUND TO THE 1987 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND; RECOGNIZING ASSET REPLACEMENT FUND REVENUES OF $57,500; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $110,000; RECOGNIZING HOUSING/DAYCARE FUND REVENUES OF $837,000; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF $1,054,000; TRANSFERRING $34,000 FROM THE 1987 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND TO THE LAND FUND; APPROPRIATING 1989 CERTIFICATES 14 Regular Meetina Aspen_City Council September 10, 1990 OF PARTICIPATION FUND EXPENDITURES OF $3,500; RECOGNIZING PARKING IMPROVEMENT CAPITAL PROJECT FUND REVENUES OF $12,000; APPROPRIATING PARKING IMPROVEMENT CAPITAL PROJECT FUND EXPENDITURES OF $12,000; APPROPRIATING WATER FUND EXPENSES OF $162,693; TRANSFERRING $800,000 FROM THE WATER FUND TO THE HOUSING;DAYCARE FUND; APPROPRIATING GOLF COURSE FUND EXPENSES OF $3,000; RECOGNIZING ICE GARDEN FUND REVENUES OF $11,000; APPROPRIATING ICE GARDEN FUND EXPENSES OF $11,000 was read by the deputy city clerk Councilman Gassman moved to adopt Ordinance #61, Series of 1990, on first reading; seconded by Councilman Peters. Dallas Everhart, budget director, told Council staff did a thorough analysis of each department to see how well they could absorb their increased health insurance rates and payroll expenses. Councilman Tuite asked about the $800,000 transfer from the water department to the housing office. Cindy Wilson, finance director, said this can also be funded through the cash-in-lieu. An interest alloca- tion can be included; however, this has not been done in the past. Councilman Tuite said he would like to see interest allocation because it is a loan not a transfer. Ms. Wilson said staff has discussed repaying this as early as possible in 1991. Councilman Peters said if the purpose of this transfer is to facilitate money for housing acquisition and this is not depleting the water fund of revenue for investment, he would prefer not to be paying interest. Councilman Peters said if the city does have cash-in- lieu, then they should not be paying interest to the water fund. Roll call vote; Councilmembers Tuite, yes; Pendleton, yes; Peters, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. RESOLUTION #38, SERIES OF 1990 - Delinquent Business Licenses Councilman Gassman moved to adopt Resolution #38, Series of 1990; seconded by Councilman Peters. Cindy Wilson, finance director, told Council staff has tried to contact most of the businesses that are delinquent and will send follow up letters. NWCCOG DUES STRUCTURE Councilman Peters recommended formula A, 50 percent population and 50 percent assessed valuation as the dues structure. Councilman Peters said the current rate structure has evolved over time and from agreements made with various governments. COG is attempting to have a fair dues structure and to keep the dues structure to as close to that of the past. The suggested formula are based on a 15 Regular Meeting Aspen City Council September 10, 1990 mix of assessed valuation and population down to population only. Councilman Peters noted Aspen's dues will go down no matter which formula is chosen. Councilman Peters told Council one issue in the dues structure is utilization of COG, which is population based. Councilman Peters said the purpose of COG is to put together regional cooperation for the benefit of the people who need it most. Councilman Gassman moved to accept Councilman Peters's recommenda- tion; seconded by Councilwoman Pendleton. All in favor, motion carried. RESOLUTION #40, SERIES OF 1990 - Youth Center Jed Caswall, city attorney, told Council the Youth Center wants to break ground but does not have a lease with the city or with the county. Caswall said there are no agreements on liability or what goes on during construction. The building permit is in process. There is no legal description of the property the city owns that will be leased to the youth center. Caswall said in order to give the Youth Center some confidence, they have asked for a letter of intent. Caswall said the resolution gives them immediate access to start construction while staff continues to negotiate a lease with the Youth Center. Caswall showed Council the property and the proposed location for the Youth Center and where the construction staging area will be. Councilman Gassman moved to approve Resolution #40, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling brought up a letter from ERG urging Council to protect Hunter Creek from unnecessary vehicular traffic and to sign an agreement. Mayor Stirling said he will bring this agreement to the next Council meeting. Councilman Gassman said he feels there are enough parties to the Hunter Creek dispute already. Council adjourned at 10 p.m. Kathry Koch, City Clerk 16