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HomeMy WebLinkAboutminutes.council.19910422Regular Meeting Aspen City Council April 22, 1991 ~' .` i OUTSTANDING EMPLOYEE BONUS AWARD 1 PROCLAMATION - Smuggler Superfund Citizen's Group 1 PROCLAMATION - Victims' Rights Week 1 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR 6 LIQUOR LICENSE APPLICATION - The Gant 6 SPECIAL EVENT PERMITS - Aspen Chamber Resort Association; IDCA 7 LIQUOR LICENSE RENEWALS 7 ORDINANCE #5, SERIES OF 1991 - Braden Stream Margin Review 8 RFTA SUPPLEMENTAL BUDGET APPROPRIATION 8 ROARING FORK FORUM RAIL TASK FORCE APPOINTMENTS 8 RESOLUTION #18, SERIES OF 1991 - Delinquent Parking Ticket Amnesty 9 ORDINANCE #10, SERIES OF 1991 - 1001 Ute Subdivision Final PUD 9 ORDINANCE #11, SERIES OF 1991 - Historic Designations 10 ORDINANCE #12, SERIES OF 1991 - Parking Permits 11 LIMON, COLORADO, RECOVERY EFFORT 11 HOUSING AUTHORITY STAFF REPORT ON CITY PROJECTS PROGRESS 11 AIR QUALITY REPORT 14 16 Regular Meetinq Aspen City Council April 22, 1991 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Pendleton, Peters, Tuite and Gassman present. OUTSTANDING EMPLOYEE BONUS AWARD Leon Murray, police department, was presented with an outstanding employee bonus award for his work in pursuing the city's share of money and property seized by the federal government. Mayor Stirling and Council presented Murray with a certificate and check. PROCLAMATION - Smuggler Superfund Citizen's Group Mayor Stirling and Council presented the proclamation to Jay Hammond, chair of the caucus. Hammond said the outstanding issue is liability for lending institutions. The caucus is continuing to work on this. PROCLAMATION - Victims' Rights Week Mayor Stirling and Council declared April 21 to 27 Victims' Rights Week and presented the proclamation to Peg McGavock, RESPONSE. CITIZEN COMMENTS 1. Bill Greenwood told Council he would like to see them tighten up the vehicle idling ordinance. The current ordinance allows 15 minutes. This is difficult to enforce and is widely ignored. Greenwood pointed out a lot of pollution is created by vehicle idling. Greenwood suggested the limit be 5 minutes. Greenwood told Council the Clean Air Advisory Board supports the 5 minute limit. Mayor Stirling moved to direct the city manager to work with staff and the Clean Air Advisory Board to analyze this proposal and come back with recommendation; seconded by Councilman Peters. Mayor Stirling said he would like to get input from RFTA about this. Tom Dunlop, environmental health department director, told Council he has drafted a county idling ordinance with a limit of 5 minutes and will share it with Council. All in favor, motion carried. Council requested this by the second meeting in May, if possible 2. Brady Bancroft, representing Pitkin Pickin' Picnic, requested the city be a sponsor for the third annual picnic. The first one -~ was privately financed; last year the city of Aspen recreation department gave money. Bancroft told Council they were planning on 1 Reqular Meeting Aspen City Council April 22, 1991 being funded by the Arts Council ; unfortunately the Arts Council is going through tough times and do not have money available. Bancroft requested $500 to rent the PA, for poster design and advertising. Bill Efting, assistant city manager, told Council last year this was funded out of the special event budget. The sponsors were told it would not be done that way this year. Mayor Stirling moved out of the contingency fund to grant $250 to the Pitkin Pickin Picnic and to encourage Brady to come forward through the budget process in future years; seconded by Councilman Gassman. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Peters said when Council awarded the $60,000 grant for the early learning center, it was to be administered through the school district. Councilman Peters pointed out the early learning center board has convened, has hired a director who is putting together a program for controls and professional service. Councilman Peters said he would like the restriction about the school district taken off the money. Councilman Peters moved to add this to the consent calendar, language to remove the restriction that the school district be financially responsible for the grant given to the early learning center; seconded by Mayor Stirling. Jed Caswall, city attorney, pointed out Council cannot take any formal action on anything not published on the printed agenda unless they waive the rules. Councilman Peters withdrew his motion and requested this be ready for formal approval at the next Council meeting. 2. Councilman Gassman said the plan for the Maroon Bells bus is going to be to use the parking garage and Rubey Park as a beginning point for the trip. Councilman Gassman said he hoped this is not viewed as a temporary solution. It is a better solution and will keep cars out of the Maroon Creek valley altogether. Councilman Tuite said RFTA needs to experience one season of the program to make sure this does not force a lot of people to wait until 5 p.m. and drive up Maroon Creek. 3. Councilman Gassman said Council canceled a work session with the Wheeler Board last month and they would like it rescheduled. Council scheduled this for May 22 at 5 p.m. at the Wheeler Opera House. 4. Councilwoman Pendleton thanked the streets department for fixing a lot of potholes over the last two weeks. 2 Regular Meeting Aspen City Council April 22, 1991 5. Councilman Gassman thanked the golf course staff for getting the golf course in such good shape. Bill Efting, assistant city manager, told Council Monday and Tuesday the golf course will be free. The course opens for paid play on Wednesday, April 24th. The rates have not gone up from last year. 6. Councilman Tuite said he heard some criticisms about public play at the proposed Zoline golf course. Councilman Tuite said the lease states there will be public play all day Monday and up to 11 a.m. the rest of the week. 7. Mayor Stirling said today is earth day and earth week. 8. Mayor Stirling said last week there was a delegation from Banff, Alberta, Canada visiting Aspen. Banff is the only munici- pality that is 100 percent inside a national park. The Mayor, a Council person, City Manager and Planner came and met with staff, who were very helpful. 9. Mayor Stirling said he has circulated a proposal for the purchase of the east end of Pioneer Park. Mayor Stirling urged Council to look at this and to share any comments. 10. Mayor Stirling told Council there is an exchange group working between the USSR and United States. There is a Russian mezzo soprano who would like to perform in Aspen. Mayor Stirling proposed Council sponsor a free concert at the Wheeler and to allocate up to $1,000 for this event. Mayor Stirling said the Council has tried to hold a free event for the community every year. Mayor Stirling moved to allocated up to $l, 000 from the contingency to sponsor in the Wheeler Opera House as a free concert the Russian mezzosoprano between now and May 25; seconded by Councilman Tuite. Councilman Gassman said the city has been trying to get the wheeler to be more community oriented. This request is not coming from the Wheeler Board or the M.A.A. Councilman Gassman said he is hesitant about getting the city involved in the concert business. Council- man Gassman said he would rather spend $1,000 on a local mezzo- soprano. Councilwoman Pendleton agreed and said she would rather charge $2 a ticket. Mayor Stirling pointed out the citizens of Aspen own the building and he would like to have an event that costs them nothing. Mayor Stirling said this could be a great off season event. All in favor, with the exception of Councilmembers Pendleton and Gassman. Motion carried. 3 Regular Meeting Ashen City Council April 22, 1991 11. Mayor Stirling said Lee Cassin of the environmental health department has given an air quality report which is very alarming and indicates violations of the PM 10 standards and the local implementation plan. Mayor Stirling moved to move information item (b) to action item (h); seconded by Councilman Tuite. All in favor, motion carried. 12. Mayor Stirling said there is a request for a joint study session with the County Commissioners on issues related to highway 82 and the EIS. Carol O'Dowd, city manager, said this is a follow up to meetings in which the Boards made a decision on the Maroon creek bridge. There are issues about the highway between the airport and Aspen. Council scheduled this for Monday, May 6 at 5 p.m. in the City Council Chambers. 13. Mayor Stirling reminded Council there will be a continued meeting Monday April 29 at 5 p.m. for the first reading and final presentation on the Meadows proposal. 14. Mayor Stirling asked about follow up on the energy meeting. Tom Baker, assistant city manager, told Council he is putting together an outline which he will go over with staff and Council before going back to a larger group. 15. Amy Margerum, planning director, introduced Diane Moore the new deputy director of planning primarily working on city projects . 16. Carol O'Dowd, city manager, told Council for Earth Day/Week, the city will be picking up trash throughout the city. Any citizen can schedule a pick up by calling 920-5130. 17. Carol O'Dowd, city manager, told Council she has met with the highway department about Main street improvements. The highway department is willing to reschedule their work around the M.A.A. schedule and do the work starting after Labor day. Ms. O' Dowd told Council the only caveat is if the weather is bad, the city will have to help with the remobilization costs. Ms. O'Dowd told Council a portion of the S curves will be concrete; the rest of this will be addressed through drainage improvements. Ms. O'Dowd told Council city staff would like to see additional drainage and more concrete and will continue to work with the highway department on this. 18. Carol O'Dowd, city manager, noted Council has received a report from finance on monies available for work on city hall. Ms. O' Dowd said due to efficient budget controls, there is usually a year end savings of $100,000 to $200,000 and has been as high as $400,000 for a variety of reasons. Ms. O'Dowd said the savings for 1990 will be $500,000; added to the city hall fund, there will be 4 Regular Meeting Aspen City Council April 22, 1991 $1,500,000 which is needed for structural repairs, mechanical and electrical. Mayor Stirling said it is terrific this amount of money is found; however, to find significantly more than ordinary surplus is worrisome about the budget process. Mayor Stirling pointed out this is more than 5 percent of the general fund. Mayor Stirling said he would like to see a list of where this money comes from. There may be too much discretion on staff's part on what is being brought to Council during the budget approval. Ms. O'Dowd told Council a portion of this figure has been carried over since 1989. Councilman Peters said he does not want to be in the position where agency and department heads are making decisions about programs and services for the benefit of funding city hall. Councilman Peters agreed he wants to know where this money comes from; what the effect has been, if any, on programs. Councilman Peters said this money should be allocated to the general fund and dealt with at budget time. Mayor Stirling said his preference is to allocate it to city hall; however, he wants to see where the money comes from first. Mayor Stirling moved to place the surplus that has been found and that it is accounted for and Council sees that, in the city hall maintenance fund and that the city manager be directed to prepare a proposal for Council review; seconded by Councilman Gassman. Councilwoman Pendleton asked about the structural analysis of city hall. Bill Efting, assistant city manager, told Council this should be done next week. Mayor Stirling noted the city is below projected revenues for 1991 and before this is earmarked, Council may need this surplus to apply in other areas. Councilman Peters said if the savings are this large, they should come to Council as a whole for allocation. Councilman Gassman said that is what this is. Council did set up a fund for city hall. Councilman Gassman said Council is not spending this surplus without having another report. Mayor Stirling amended his motion to say the direction would be to direct the manager to give Council a report on what were the reasons for the surplus, and that it be earmarked tentatively for city hall contingent upon returning to Council with specific ideas for the $1,000,000 and this additional amount, and the recommenda- tions on how the 1991 sales tax will be addressed; seconded by Councilman Gassman. Councilman Peters said Council had earlier told the city manager that if there were budget savings at the end of the year, these could go into the city hall maintenance fund. Councilman Peters said it seems the amount of money is so large, he would prefer not to have the automatic transfer policy. 5 Regular Meeting Aspen City Council April 22, 1991 All in favor, motion carried.' 19. Carol O'Dowd, city manager, requested Council delete (e) Resolution #17, 1991 - Roaring Fork Forum Solid Waste IGA from the consent calendar. There may be a change in the entity who will actually manage the agreement. CONSENT CALENDAR Councilwoman Pendleton moved to approve the consent calendar as amended; seconded by Councilman Tuite. The consent calendar is A. Minutes - April 8, 1991 B. 1991 Street Improvement Contract C. Correction Deed Approval - Lane vs. Brien D. Roaring Fork Forum Trails Letter All in favor, motion carried. LIQUOR LICENSE APPLICATION - The Gant Mayor Stirling said this is a request for a tavern license from Destination Resort Management located at 610 West End street. There is a lease between the Gant and DRM for the conference center. DRM will be running the conference center as a principal business at this location. Mick Ireland, representing the applicant, told Council this is a tavern application primarily intended to serve guests of the Gant. Ireland said they do not intend to advertise and to solicit public business. The license is intended to serve guests and their needs. Ireland submitted a petition in support of this license with 121 signatures. Ireland said this license will help the Gant compete with other resorts. Ireland told Council this is an accessory use permitted within the R-15/L overlay zone. This Council has found a liquor license is an accessory use at the Molly Gibson, the Aspen Club and the Aspen Club Lodge. Ireland said the state has said one cannot have a tavern license unless the tavern is architecturally separate from the rest of the premises. The conference center is totally separate from the rest of the Gant. Ireland told Council there is a 1959 case which states if it is not a club license, it has to be open to the public. Ireland said the Gant will comply with the public access requirement. They will not advertise, solicit business or put up signs. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Molly Campbell, manager of the Gant, told Council the intent is to serve the customers better. Ms. Campbell said presently they have 6 Regular Meeting Aspen City Council April 22, 1991 to go through a rather cumbersome process to order to have alcohol at their events. Ms. Campbell told Council she has documented times when the Gant has lost business to other communities because they could not provide the level of service. Mayor Stirling said the difference between the examples cited is that it is not a disparate group of owners and is a lodge. Ms. Campbell told Council DRM has been the managing agent for the Gant since 1973 and as the managing agent they have had an operating agreement, which includes the operations of the conference center. The operating agreement is a 5 year renewal. Jed Caswall, city attorney, said in this case the condominium association could apply for a club license, which may be more appropriate. Mayor Stirling asked about the food requirements. Ireland told Council the state has made it clear that light snacks and food be available anytime the tavern is open, not the converse. The Gant will meet this requirement. Mayor Stirling asked if this will set a precedent for other condominiums with conference facilities. Ms. Campbell said except for the Aspen Alps most condominiums are not strongly in the conference business. Councilman Peters said the applicant has demonstrated their willingness to provide food and access to the public. Councilman Peters said as a resort community there are certain needs that have to be met in terms of providing service to visitors, guests and conference visitors. Councilman Peters moved that based on the evidence presented at a public hearing held April 22, 1991, relating to the application of Destination Resort Management for a tavern license, the liquor authority finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilwoman Pendleton. All in favor, with the exception of Mayor Stirling. Motion carried. SPECIAL EVENT PERMITS - Aspen Chamber Resort Association; IDCA Councilman Gassman moved to approve the special event permit for the ACRA June 14, 15, 16 for the wine classic and International Design Conference June 16 - 21 for their picnic at the Institute parking lot; seconded by Councilwoman Pendleton. All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Gassman moved to approve the liquor license renewals for the Wheeler, Aspen Art Museum, Black Diamond Cafe, Renaissance, and Aspen Mine Company; seconded by Councilman Tuite. All in favor, motion carried. 7 Regular Meeting Aspen City Council April 22, 1991 ORDINANCE #5, SERIES OF 1991 - Braden Stream Margin Review Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #5, Series of 1991, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Pendleton, yes; Gassman, yes; Peters, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. RFTA SUPPLEMENTAL BUDGET APPROPRIATION Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Dan Blankenship, RFTA general manager, told Council Resolution #4 appropriates $94,000 to cover 1990 operational expenditures created by increased fuel prices and increased levels of service provided to respond to major increases in ridership. Resolution #4 also cleans up the 1990 capital budget by unappropriating funds for projects that were not completed, which frees up $217,000. Resolution #5 carries over into 1991 $113,000 of capital projects that were not completed in 1990. About $37,000 has been spent for bus shelters which were not delivered until 1991. There is also $22,000 to fund bus shelter installations, improvements to bus stops and to park 'n' rides. $65,000 is being carried forward to fund a senior van budgeted in 1990 and not purchased. Councilman Tuite moved to approved RFTA resolution 91-4; seconded by Councilman Gassman. All in favor, motion carried. Councilman Tuite moved to approve RFTA resolution 91-5; seconded by Councilman Gassman. All in favor, motion carried. ROARING FORK FORUM RAIL TASK FORCE APPOINTMENTS Councilwoman Pendleton moved to appoint Lee Ambrose to the Roaring Fork Forum Rail Task force as the regular member; seconded by Councilman Peters. All in favor, motion carried. Councilwoman Pendleton said it would be prudent to have an alternate. This will be an intense process. Councilman Peters said every applicant was qualified and enthusiastic. Councilman Peters said there is no lead agency representing the city's or county's interest separate from staff support. Carol O'Dowd, city manager, said each entity of the forum will appoint a member to the committee. The county manager is the staff person coordinating staff support; each entity will be contributing staff support to this task force. Councilman Tuite said with a representative and 8 Regular Meeting Aspen City Council April 22, 1991 an alternative from every entity, there will be 20 people from the valley working on this. Councilman Peters said there seems to be a lot of support in the community for giving the railroad the city's best effort. Part of this effort may be using citizens who are informed and making them an advisory panel to Council. Phoebe Ryerson reminded Council the Western Slope Railroad Association is in existence. This Thursday there is a meeting at 5 p.m. Councilman Gassman moved to appoint Roger Hunt to the Roaring Fork Forum Rail Task force as the alternate; seconded by Councilwoman Pendleton. All in favor, motion carried. Ms. O'Dowd told Council the city's staff support will be Tom Baker who has been working on the rail group with the county. Mayor Stirling said it is important the entire valley have some staff representation and support in this. Councilman Peters said he feels RFTA's interests have to be represented throughout the process. Ms. O'Dowd said RFTA's general manager attends the meetings. RESOLUTION #18, SERIES OF 1991 - Delinquent Parking Ticket Amnesty Jed Caswall, city attorney, told Council this is an aggravated situation with an outstanding balance of unpaid parking tickets of $561,000, $440,000 of this is Colorado fees. Caswall said there will be a 30 day amnesty period for people to take care of their tickets. After that, if cars with outstanding tickets are found on the streets, the cars will be booted or towed until people pay their tickets. Councilwoman Pendleton moved approve Resolution #18, Series of 1991; seconded by Councilman Gassman. Mayor Stirling said the amnesty will be in effect until May 22 at 5 p.m. Councilman Gassman requested there be some advertising. Caswall pointed out the city clerk will publish the resolution at least twice. All in favor, motion carried. ORDINANCE #10, SERIES OF 1991 - 1001 Ute Subdivision Final PUD Mayor Stirling moved to read Ordinance #10, Series of 1991; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #10 (Series of 1991) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING SUBDIVISION, SUBDIVISION EXEMPTION FOR A LOT SPLIT, AND FINAL PUD PLAN APPROVAL AND VESTING OF 9 Regular Meeting Aspen City Council April 22, 1991 DEVELOPMENT RIGHT FOR 1001 UTE AVENUE was read by the city clerk Kim Johnson, planning office, told Council the applicant is seeking development rights for two single family residences and to establish a third lot to encompass tennis courts which occupy a long term lease by the Gant. P & Z is recommending approval of final PUD and subdivision. P & Z approved 8040 greenline review and conditional use for accessory dwelling units. Ms. Johnson said the lease on the tennis courts constitutes a de facto subdivision already and this project cannot come back for a lot split as intended. Staff included the two-step subdivision process to allow for a 3 lot division and subdivision exemption for 2 development rights for the single family dwellings. In 1988 this lot was reviewed under 8040 greenline for one single family house. Before that this was taken through conceptual but was abandoned before final approval. Glenn Horn told Council in 1985 an applicant came in for a GMP allocation for 4 free market and 4 employee units. This was denied after it failed to meet the threshold. Rich Neiley, representing the applicant, told Council the tennis court lease was in place in the late 1970's when other applications were filed. The interpretation was that this lease constituted a lot split. The tennis courts will be deed restricted as will a separate parcel in the county against further development rights. Horn pointed out the mine tailings start behind the tennis courts and go up steeply. The houses will sink down into the tailings rather than sit up on top of them. The tailings will be covered as required by environmental health department. The tailings will be dug out and regraded. Horn told Council they would like to understand how the sanitation district has come up with the $6,000 charge before second reading. Councilman Peters moved to adopt Ordinance #10, Series of 1991, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Gassman, yes; Peters, yes; Pendleton, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #11, SERIES OF 1991 - Historic Designations Mayor Stirling moved to read Ordinance #11, Series of 1991; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #11 (Series of 1991) AN ORDINANCE DESIGNATING 716 W. FRANCIS ST., 620 W. HALLAM ST., AND 214 W. BLEEKER ST., AS H, HISTORIC LANDMARK PURSUANT TO DIVISION 7, SECTION 7-701 OF THE LAND USE CODE was read by the city clerk 10 Regular Meeting Aspen City Council April 22, 1991 Councilman Peters moved to adopt Ordinance #11, Series of 1991, on first reading; seconded by Councilman Tuite. Roxanne Eflin, planning office, told Council this brings the total to 111 landmarks. Each of the properties is applying for the $2,000 grant, which will be discussed at second reading. Roll call vote; Councilmembers Gassman, yes; Peters, yes; Tuite, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #12, SERIES OF 1991 - Parking Permits Councilman Gassman moved to read Ordinance #12, Series of 1991; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #12 (Series of 1991) AN ORDINANCE REPEALING AND REENACTING SECTION 22-12.1 OF THE ASPEN MUNICIPAL CODE PROVIDING FOR THE WAIVER OF PARKING LIMITATIONS AND THE ISSUANCE OF PARKING PERMITS was read by the city clerk Councilman Peters moved to adopt Ordinance #12, Series of 1991, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Peters, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. LIMON, COLORADO, RECOVERY EFFORT Mayor Stirling told Council Governor Romer has asked cities in Colorado to help Limon, who suffered in a tornado. Mayor Stirling said the city could send money. Councilman Gassman suggested calling Limon and seeing if there is something in the city's inventory that they need. Mayor Stirling moved to direct the city manager to investigate this idea and report back to Council; seconded by Councilman Gassman. All in favor, motion carried. HOUSING AUTHORITY STAFF REPORT ON CITY PROJECTS PROGRESS Carr Kunze, housing director, corrected his Development Schedule for City affordable housing projects memorandum that $440,000 should be $291,300 on page 3, second line. Kunze told Council the housing office has determined they can keep moving ahead on West Hopkins. This will be a tight process; however, they can bring West Hopkins in for a late October construction start. This is realistic considering the review process for development, putting together bids, contracting for architectural services, etc. 11 Regular Meeting Aspen Citv Council April 22, 1991 The Kraut property should follow right behind West Hopkins with submittals. The earliest this would be ready would be February. Kunze told Council staff has looked at the Austin and East Hopkins properties. These have historical issues, reviews and additional development issues so they are farther in the future in the process. The construction start for Austin would be May 1992 and East Hopkins June 1992. Kunze requested Council designate these as priority projects in order to facilitate the process and emphasis of timing and that staff be directed to form a team in order to analyze mechanisms by which staff can keep the projects on track and work out schedules for reducing the amount of time, if possible. Kunze presented an analysis of the Kraut property. Staff used 20 to 32 units on the property, assuming an average of two-bedroom units for analysis. Kunze told Council this is not a program recommendation. Kunze noted 16,500 square feet seems feasible and within the zoning. Kunze said with a full write down of land costs, staff estimates this project in a category 3 and a total development costs of $104 per square foot, based on brick and mortar costs of $55 per square foot and developer's cost of $75 per square foot. Kunze said this is good quality construction and compares against current pricing estimates and is analyzed against projects that have recently been bid and allows for a one year inflation figure. Kunze said if Council were to go with a category 2 on this project, the additional cost write down to reduce the capital cost of the project would be $14,500 per unit or a total of $300,000. Kunze told Council category 2 straddles the median income, serving households with incomes of $37,000 and $46,000 annually. In order to get this to category #1, the city would have to put in a larger subsidy. Kunze recommended alternative subsidies, like getting in on Farmer's home 515 program. Councilwoman Pendleton asked how Council will determine which category they are going to build. Councilwoman Pendleton said she would like to hear from the housing staff which units are needed. Councilwoman Pendleton said when the housing office tells Council how many 2 and 3 are needed, Council can decide what the subsidy is going to be. Councilman Tuite asked what the allowed FAR is. Bob Nevins, housing office planner, told Council it is 1:1 with a bonus achievable to 1.1:1. Councilman Tuite said he would like the city to maximize the amount of housing on this site; the more density, the more the overhead costs are reduced. This is another way of subsidizing a project. Councilman Tuite said this is an ideal site for no cars. Nevins said depending on the bedroom mix, the 16,500 square feet can achieve 20 to 30 units. Kunze said he would like indications right now that Council has the potential of moving ahead on this project. 12 Rectular Meeting Aspen City Council April 22, 1991 Mayor Stirling said the cost of $70,000 per unit at the $87 a square foot is very attractive. Councilman Peters encouraged the housing staff to pursue the track of trying to develop all alternatives for Council. Councilman Peters said the context is not only the needs assessment but also an awareness of the other sites owned by the city and how to plan the units effectively. Councilman Peters said one idea that has come up is to try and consolidate common areas and utility storage areas and laundry in basements to have more available net leasable or net purchasable square footage above grade. Councilman Peters said he will rely on staff to pursue the planning process using all these parameters and trust they will come back with the most efficient package. Councilwoman Pendleton said Council has not decided whether to turn the Kraut property over to the housing authority. Mayor Stirling asked if independent developers have come forward to talk about housing. Kunze said only a non-profit group. Mayor Stirling said Jessica Cato is developing affordable housing in the Basalt area and she should be contacted to see if she is interested in developing housing in Aspen. Councilwoman Pendleton said Council needs to decide if this schedule is fast enough and if this property should be turned over to the housing authority. Council- woman Pendleton said the public process seems to move at a snail's pace. Councilwoman Pendleton and Mayor Stirling said they favor category 2. Kunze told Council there are 2 forms of tenure; ownership versus rental. Kunze said the Kraut property lends itself to rental, cooperative ownership or condominiumization. Kunze said the cooperative ownership has not been done in this area but is one in which to assure long term affordability through limited equity. Kunze said the Kraut property is of sufficient size 20 to 30 units, that it could be a self-managed development. Kunze said the West Hopkins property of 11 units is very small and would be better with a sale approach. Kunze said the 20 to 30 unit size is a good size for going through the Farmers Home program. Kunze noted the West Hopkins site could also be structured as a cooperative with the condition it ultimately be folded into a partnership with another development to be operated as a cooperative. Mayor Stirling asked if staff has researched the legality of cooperative ownership in Colorado. Kunze said cooperatives have been done in the state but none in Aspen, and he has looked at some legal research on the issue. Councilman Peters said long term affordability is an issue that has arisen in the production plan. Councilman Peters said staff has new creative approaches, which he would like to see investigated and brought back to Council. Mayor Stirling said a property owner in the 900 block of east Cooper has approached him about this property, for sale at $749,000 with 10,050 square feet zoned RMF. Mayor Stirling said they may be interested in trading the east Hopkins site plus some cash. Mayor Stirling reminded 13 Regular Meeting Aspen City Council April 22, 1991 Council the city paid $650,000 for east Hopkins. Mayor Stirling asked for assessment of that site from Council and from the housing office. AIR QUALITY REPORT Lee Cassin, environmental health department, told Council the city had the highest level of PM 10 of anyone recorded in the state in the last 3 years. Ms. Cassin said there are health implications as well as implications for meeting the requirements with the EPA. Council adopted an local implementation plan, which the EPA had to be convinced would bring the city into compliance with the standards. Aspen hit a 236 and the standard is 150. Ms. Cassin said it is clear that since Aspen has implemented the plan and has hit a 236, the EPA cannot say the plan is sufficient. Ms. Cassin recommended the plan be changed from a health point of view, also. Ms. Cassin told Council the city manager has put a lot of emphasis on this problem with the staff. Staff has come up with some new ideas, as well as how to get the dirt off the street better with a flush. The Clean Air Board has asked different staff representatives to talk about more innovative approaches to street cleaning, the liabilities and the limits of this. The CAB is convinced if there is a greater effort at what the city has been doing in the past, it will not solve the problem. The CAB recommends the city looks at reducing sanding, cleaning it up differently, and most importantly, reducing traffic. CAB has suggested a different treatment to the pavement so the city does not have to sand as much. CAB also suggested changes to how the streets are cleaned; closing Main street to parking so that it can be thoroughly cleaned. The bottom line is if traffic is not reduced, the problem will not be solved. Councilman Gassman said the problem is sand on the streets and the city went for weeks this winter when there was no sweeping at all. Councilman Gassman said the streets have to be sweeped when its warm enough and there will be no problem. Mayor Stirling said he feels the recommendations of the CAB are long overdue. Mayor Stirling said the city has to reduce vehicle traffic, reduce sanding, pick up more of the sanding and be more inventive with all street cleaning practices. Mayor Stirling said he would like to see more specific programs from these recommendations . Councilman Tuite said there must be a dry vacuum with filter machine that works. Carol O'Dowd, city manager, said staff is looking at more modern technology and what is the best of vacuum--street sweepers. Ms. O'Dowd told Council staff has introduced polymers into the water, which helps hold the dust and coagulates much quicker. Ms. O'Dowd said part of the solution is new technology as well as enhancing what the city has been doing. 14 Reaular Meeting Aspen Citv Council _ April 22, 1991 Mayor Stirling said the general public will probably support increasing funding because there is greater need for more bus ridership. Councilman Tuite told Council there is enabling legislation for transit tax. Both the Ski Company and train advocates would like that for their projects. RFTA is working on getting this source of revenue into place. Councilman Tuite said the decision would then be to lower the bus fares or to buy more equipment to have more frequent buses. Mayor Stirling moved to direct the city manager to follow the CAB recommendations and come back to Council with a specific program including the recommendations of Councilman Gassman, to pursue more approaches, more equipment, technology on picking up sand in the streets; seconded by Councilman Tuite. Councilman Peters said there may be some political consequences of some recommendations, like no parking on Main street, that Council needs to indicate to staff they are willing to address. Councilman Peters indicated he would 1 ike to see what it is the staf f can come up to clean the streets better. All in favor, with the exception of Councilman Gassman. Mayor Stirling continued the meeting to April 29 at 5 p.m. for the first reading of the Aspen meadows SPA ordinance. The housing board interviews will be May 8th at 5 p.m. The applications should remain open. Council left Chambers at 8:20 p.m. .._-- Kathryn Koch, City Clerk 15 Continued Meeting Aspen City Council April 29, 1991 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Pendleton, Peters, Tuite and Gassman present. ORDINANCE #13, SERIES OF 1991 - Land Use Code Amendments ASPEN MEADOWS SPA FINAL DEVELOPMENT PLAN Councilwoman Pendleton moved to read Ordinances #13 and 14, Series of 1991; seconded by Councilman Tuite. All in favor, With the exception of Councilman Peters. Motion carried. ORDINANCE #13 (Series of 1991) AN ORDINANCE AMENDING CHAPTER 24 OF THE ASPEN MUNICIPAL CODE, LAND USE REGULATIONS, BY CREATING AND ADDING NEW ZONE DISTRICT CLASSIFICATIONS, AMENDING PROVISIONS APPLICABLE TO EXISTING ACADEMIC ZONE DISTRICTS AND SPECIALLY PLANNED AREAS, AND AMENDING PROVISIONS FOR GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS FOR ESSENTIAL PUBLIC FACILITIES was read by the city clerk ORDINANCE ## 14 (Series of 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING FINAL APPROVAL OF THE ASPEN MEADOWS SPECIALLY PLANNED AREAS (SPA) FINAL DEVELOPMENT PLAN, SUBDIVISION APPROVAL, REZONING AND ZONING MAP AMENDMENTS, RESIDENTIAL GROWTH MANAGEMENT ALLOTMENT, EXCESS GROWTH MANAGEMENT ALLOTMENT, GROWTH MANAGEMENT EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES, CONDOMINIUMIZATION AND VESTING OF DEVELOPMENT RIGHTS was read by the city clerk Councilman Tuite moved to adopt Ordinance #13, Series of 1991, on first reading; seconded by Councilwoman Pendleton Amy Margerum, planning director, told Council the first amendment in this ordinance is to the academic zone district as currently in the land use code. The applicant has requested the academic zone district be amended to include as a permitted use any uses that are approved within the final development plan for the specially planned area. This is necessary in order that the development on the Meadows property be considered conforming with its underlying zone district. The applicants are proposing to rezone the non- profit academic portions to academic and want to make sure that ~ development is consistent with the underlying zone district. Ms. 1 Continued Meeting Aspen City Council April 29, 1991 Margerum pointed out an SPA allows one to vary uses within any zone district; however, the applicants were concerned about being considered a non-conforming use. Staff has no concerns with this code amendment. Councilman Peters said he feels this amendment is redundant and duplicates what an SPA overlay does, which is to allow for various uses. This is a re-statement to reassure the applicant. Ms. Margerum said the reason for this amendment is to insure the development is consistent with the underlying zoning and not just consistent with the SPA overlay. It is not technically necessary; the uses could be accommodated by the SPA overlay. The applicant was concerned with getting financing for the project. Gideon Kaufman told Council the non-profits will have to raise a lot of money. The underlying zoning is academic. Kaufman told Council the applicants asked to change the academic zone, which turned out to not be appropriate. Kaufman said the non-profit organizations did not want to be placed in the position where their use was non- conforming and only made conforming by the SPA overlay. The applicants felt it was important for the uses being approved in the SPA to be permitted uses within the zone district. Ms. Margerum told Council section 2 deals with a proposed new zone district, the open space zone. The code currently has two similar zone districts, conservation - which allows for one single family home, and park - which allows for active and recreational type uses. The city does not have a zone district intended purely for open space. This zone district will be applied to those portions of the property which were designated on the master plan as open space. The purpose of the open space zone is to preserve, protect and enhance lesser or undeveloped areas within the city containing unique naturally occurring or man-made landscape features which provide visual relief and enjoyment while reflecting or presenting community artistic or architectural statements. Ms. Margerum pointed out the permitted uses in this district are quite limited. The zone district was designed to be used in other areas of the city. The staff does not have specific properties in mind. Ms. Margerum told Council section 3 is a new zone called wildlife preservation. The purpose is to secure and protect undeveloped or less developed areas within the city from traditional development activities so as to provide for the nurturing and preservation of naturally occurring vegetation, topography, wildlife and wildlife habitat while permitting controlled and limited human use and activities. The permitted uses are very limited because the intent is to keep these areas as habitat preservation areas; only unpaved walkways and trails, benches and pedestrian bridges would be allowed. 2 Continued Meeting Aspen City Council April 29, 1991 Ms. Margerum told Council the final development plan of SPA is being amended to allow within an SPA overlay variations to be allowed from the subdivision standards of the code. The subdivi- sion regulations in the land use code are very specific in terms of curbs, gutters, street design, lights, etc. The code is being amended to allow the SPA to be varied with design standards of Section 7-1004(C)(4) for streets and related improvements. This is to allow more creativity in roadway design in the Meadows area. Ms. Margerum told Council Section 5 deals with exemptions to the growth management quota system. The code currently allows for Council to exempt from growth management competition the construc- tion of essential public facilities. The code also states these essential public facilities need to mitigate the impacts of the facilities. During the master planning process one item was that Council would exempt from mitigation as well as competition those facilities being proposed by the M.A.A. and the Aspen Institute. Council directed staff to come back with a code amendment that would accommodate this type of exemption. This addition gives Council the discretion to exempt non-profits from the requirements in GMQS of mitigation if they are located in an academic zone district. This amendment is very limited in terms of applicabili- ty. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Peters, no; Pendleton, yes; Mayor Stirling, yes. Motion carried. Councilwoman Pendleton moved to adopt Ordinance #14, Series of 1991, on first reading; seconded by Councilman Tuite. Ms. Margerum told Council the SPA submission is broken down into separate elements being proposed by the various non-profits. The Music Associates of Aspen are requesting an expansion of the existing tent to provide a larger backstage area. Ms. Margerum pointed out the master plan allowed for an expansion of the tent itself; however, the applicants are not asking for that expansion at this time. The M.A.A. will reconfigure the seating inside the tent. The M.A.A. is also proposing a new performance rehearsal hall of about 11,000 square feet. This rehearsal facility is mostly underground and surrounded by a berm. The uses include rehearsals, public facilities and performances. The parking lot will be reorganized to accommodate more spaces, 274 up from 258. This will also be improved to enhance the pedestrian experience through the parking lot and to accommodate a bus drop off area. The gift shop will be expanded by 100 square feet. The Aspen Institute lodge and restaurant is proposing a total of 50 new lodge units of 42,410 square feet. The 3 existing chalet buildings will accommodate a portion of these new lodge rooms. They will not be renovated but will be demolished and rebuilt with 3 Continued Meetinct Aspen City Councl_ _ April 29, 1991 some expansion. The Institute is also proposing an expansion of 2,000 square of the restaurant area. This was not in the master plan and was not considered at conceptual SPA review. Staff has determined it does meet the criteria of the master plan that insubstantial amendments amounting to a minimal amount of square footage can be added to the development and still be consistent with the master plan. The health club is being expanded 1800 square feet which includes new mens and women's facilities and a hot tub outside north of the facility. The residential portion being proposed, the existing trustee homes will be renovated and increased to 2500 square feet and 3 new trustee units will be added; 2 on the north and 1 on the south. Seven new 2500 square foot 3-bedroom townhouses are being proposed across from the tennis courts; four single family lots of 12 , 000 square feet at the southern portion of the race track are also proposed. Ms. Margerum reminded Council the SPA calls for a new Seventh street access, approved at conceptual review. The old Meadows road will be converted into a pedestrian bike trail. Seventh street will parallel the old Meadows road to the east of the cottonwood trees. There is a trails plan to link the west end to the Meadows property and continues to the conservation land, which is being purchased by the city. Ms. Margerum said staff has asked for an extension from Seventh street onto the racetrack oval in addition to the trails already reviewed by Council. Ms. Margerum said the SPA application includes a traffic mitigation plan, which the applicants will review. The mitigation plan has been done in conjunction with RFTA. There will be a drop off and a small shuttle service going down Fourth street to the Meadows. The applicants are proposing a semi-underground parking lot with 97 spaces under the existing tennis courts. The existing tennis courts will be replaced by 6 new courts. The applicants propose bicycle storage and rental in the parking garage. The traffic mitigation plan also calls for limitation on large truck traffic to the Meadows property. Deliveries will be restricted to certain hours. Ms. Margerum told Council the applicants are requesting subdivi- sion. The Meadows is to be divided into 10 lots; conveying ownership to the 3 non-profit organizations and to facilitate subdivision of the 4 single family lots, the tennis townhouse and trustee parcel. The applicant is proposing rezoning. Ms. Margerum reminded Council the SPA zone has no underlying zoning except for the piece by the river zoned conservation. It is proposed to zone the 4 single family lots R-15 and the townhouse parcels RMF. The bulk of the non-profit land will be rezoned to academic. The race track and conservation land will be rezoned to WP, wildlife 4 Continued Meeting Aspen City Council April 29, 1991 preservation. Anderson park, marble garden and the area southeast of the tent will be zoned OS, open space. There are requests for variations that are permitted under SPA; varying the lot zone in the R-15 zone from 15,000 square feet to 12,000 square feet; varying setbacks for a more creative design; varying the subdivi- sion standards for the roads. Ms. Margerum said P & Z reviewed the residential portion of the property for residential GMP allocation. P & Z scored the proposed 14 residential units at 35.7 which is above threshold. P & Z recommends Council grant a residential allocation to the project. Ms. Margerum told Council staff has counted the single family homes that are exempt from the quota . The quota this year is 2 0 free market units; there were 22 free market units built under exemption from GMP. There is technically no quota available; however, the code requires the city allocate 30 percent of the quota. This leaves 6 units for this allocation. P & Z has recommended these 6 units be granted to the Meadows project as there were no other projects competing for these units. The applicant is seeking additional future allotments to accomplish the residential portion of the project. The code allows Council to grant excess develop- ment allotments as long as the cumulative total over 5 years does not exceed 25 percent. Ms. Margerum said Council can grant excess development allotments to this project. The code is silent on whether the 25 percent of the quota that can be granted for excess allotment comes from the free market portion of the allotment or from the total of the allotment, which is 39 units. If it is the total allotment, there would be 9 units available to allot to this project; however, 25 percent of 20 is 5 units and Savanah would need to compete in future years for the additional 3 units. Ms. Margerum pointed out in order to make a multi-year allotment, Council needs to make a finding that the project cannot be phased. Ms. Margerum told Council the applicants are planning on phasing this project rather than building it all at once. Ms. Margerum told Council P & Z stated no public benefit would be gained by requiring a phased allotment for this project. Ms. Margerum noted there is GMQS exemption for essential public facilities. Ordinance #13 will allow Council to grant this exemption. Council needs to look at the development proposals associated with the Aspen Meadows to determine whether the projects should be exempt from GMQS competition and mitigation. The proposed expansion by the Institute and the M.A.A. consists of 50 new lodge units, expansion of the health club and restaurant, expansion of the tennis shop and new restrooms; 1500 square expansion to the rear of the music tent, new rehearsal facility and expansion of the gift shop. The applicants are requesting condominiumization of the existing trustee and new town houses and vesting of development rights. 5 Continued Meeting Aspen City Council April 29, 1991 Roxanne Eflin, planning office, told Council HPC has granted conceptual approval subject to specific conditions to be met at final reviews scheduled in May. HPC has required a cross section and additional narrative on the fox mound relocation. The most significant condition deals with the rehearsal performance hall. In response to a number of public concerns and to protect the tent's integrity, HPC required the relocation of this rehearsal hall to the north of the proposed east location and reductions in height of both the architecture and the land forms, and a re-study of the berming and the landscape treatments around it. Perry Harvey, representing the applicant, said when they went through the master planning process, they looked at the property from an internal view point, from the standpoint of preserving the internal interior campus configuration, maintaining the buildings on the fringes of the property to keep the race track open, Anderson park intact, and the views from inside the property the way they have been. Harvey told Council there are 7 separate parcels of land; (1) the Institute parcel including the track, Anderson park, Paepcke, Boettcher and the lodge, health club and restaurant, (2) the M.A.A. parcel including the tent and the M.A.A. lot, (3) Physics Center drawn carefully to include and preserve their circle of serenity; (4) the conservation land which the city will be purchasing, 25 acres encompassing all the land along the Roaring Fork and both sides of Castle Creek, (5) trustee town houses including 3 new, (6) seven tennis town homes, and (7) four single family lots with one homeowners association. Harvey told Council a major consideration is maintenance and improvement of public access to the land. There is a new extensive trail system, including using the existing Eighth street which will become a trail and be maintained by the city, there are two bridges to connect the Rio Grande trail and the property. The property will be completely surrounded by trails. Harvey pointed out the institutions need to keep their sanctity in order to conduct their business. There will be private parcels of land with internal trails and circulation which will be maintained internally. Harvey said the Institute and M.A.A. have allowed the public through the land and will continue to do so with reasonable controls. Harvey reminded Council Seventh street is the new access road and will parallel Meadows road on the east side of the cottonwood trees. The Seventh street vehicular access will come into the restaurant area and will stop. The parking structure under the tennis courts is to keep the traffic and cars on the periphery of the property. There is some employee parking on site. Harvey said the applicants will market the parking and van system to guests before arrival. There will be a bike rental shop located on site. Harvey told Council the applicants have worked with RFTA to develop a loop system, using a natural gas vehicle. Prior to and after 6 Continued Meetinct Aspen Citv Council April 29, 1991 concerts Fourth street will be maintained for pedestrians into the concerts and pedestrian and bus egress to give buses an uninter- rupted way out of the area. This has been coordinated with the redesign of the parking lot. There will be increased parking and an internal bus pull off; bike racks will be installed. Harvey told Council this plan will start this summer and will come back in for review as the applicants go through the process. Harvey presented a blow up of the lots for the four single residences, indicating the area for the 15,000 square foot minimum lot in the R-15 zone. The applicants have reduced these to 12,000 square feet; the southern 3,000 square feet has been taken off all of the lots. The building envelope allows a 50 percent increase in the rear yard setback and will be deed restricted to maintain the natural vegetation. All building activity will take place within the building envelope. There is a 25 foot setback on the front of the lots; this is an R-15 requirement. Harvey told Council they are developing covenants for architectural control of the build- ings . Harvey said the lots have been staggered so that a wall will not be created. Harvey told Council they would like to push the building envelops of lot 1 to the property line on the east, and lot 4 to the property line on the west. This will allow more visual breaks and 2 0 and 3 0 feet between the homes . Harvey pointed out from the property line to the edge of Eighth street is 19 feet, 3 feet of shoulder, 6 feet of swale and a 10 foot buffer to create planting. Nicki Finholm presented drawings of the 7 tennis town homes. Ms. Finholm told Council the FAR is 2500 each. They are sited at the edge of the slope on the west of the existing parking lot. They are sited to minimize the visual impact of the buildings from the road. Ms. Finholm pointed out an earth berm for the covered parking to conceal the buildings from the road. Everything was done to minimize the impacts of the buildings. All required parking, 3 spaces per unit, will be on site. The existing trees and ditch will be maintained. The building design is in a style in keeping with the rest of the Meadows. There is a proposed trail down to the conservation land. Ms. Finholm showed some elevations and siting showing how the buildings step down the hill, the earth berm with the parking lot cut into it. Ms. Finholm showed the existing grade from Meadows road. It is 5 feet down to the entrance of the town houses. David Finholm told Council the original townhouses were radiated to take advantage of the hill side. The buildings are stepped down 2 feet for every new building. Finholm told Council 8 feet has been added to the living room; a new suite has been added under the patio. There has been some internal renovations. The carport has been covered by earth forms. The original town houses were 1750 square feet; the newly renovated town houses will be 2500 square 7 Continued Meeting Aspen City Council April 29, 1991 feet. The materials will be the same. There will be one new unit on the south and two units on the north. Fred Smith told Council the tennis courts will be in the same configuration with a parking lot underneath. The southern edge will be pretty much at grade. There is no facility underneath the first tennis court; the second two courts are on surface with an under surface parking structure holding 97 cars and 75 bicycles under cover. The new pro shop will be predominantly rock on the south and north side; the front facade will be predominately glass. The pro shop is about 13 feet high and replicates the existing facility. The uses in the pro shop will be expanded to include valet parking control, tennis pro shop, bicycle rentals and bell station activities. Smith pointed out 14 parking spaces across from the trustee homes; the road continues to the health club. Smith told Council at the 14 parking spaces there will be a gate access into the lower section. The roadway is 13 feet wide with some turnouts and access to each individual building for handicap access or maid drop off. Smith told Council buildings #1 and #2 are located in the same location as today but will be extended 4 feet to provide for program. The buildings will have the new configuration of units which are accessed from the north side. Building #3 is a new building near the health club with the same configuration as buildings #1 and #2 as to room type. In order to preserve the existing landscape and pond, the units have been reconfigured to move around the landscaping. Building #4 takes the place of the 300 unit building; building #5 is a new building and separate from building #4 to preserve the existing conifers. Building #6, Kresge building, will stay in basically the same footprint with some renovations. Buildings #6 and new building #7 are slightly different in room configuration with rooms entirely oriented to the north and to the south. Smith said the dirt pile from the excavation of the Kresge building will be relocated and minimized just south and east and will provide a landscaped berm to separate the project from Anderson park and the sage meadow. Smith said the only building that will entirely stay is the Kreske; buildings 1, 2, and 4 will be demol- ished to their foundations in order to get sound protection. Smith showed a site plan of building #4. The buildings will have stone walls and materials and colors used in the original buildings. Smith told Council the only place one can look into the parking garage is at the entrance. The entire structure has been lowered to the extent possible with having it mechanically ventilated. The tennis courts are on level so that when driving down the road one will see tennis courts. Smith pointed out the north elevation has 8 Continued Meeting Aspen City Council April 29, 1991 a berm added to it; behind that is the opening into the parking structure. The berm blocks the view from buildings #1 and 2. Smith told Council the applicants, given success in funding, is to phase the project over 3 years starting September 1991. The first phase will take care of buildings 1, 2, Kreske and the new Kreske facility. During construction in all phases, the existing tennis courts will be used for construction staging and mobilization. Council had indicated concern about what areas would be used for construction phasing in order to minimize the effects on open space and landscaped areas. During construction, the tennis courts will not be available. The first phase will be completed by June 1, 1992. There will be some upgrading done to the reception area. During the 1992 summer season, the existing parking of 103 spaces for the lodge will continue to be used. The second phase will have work on buildings 3 , 4 , 5 and the health club. There may be some parking expansion during this season for the Kreske building. The only parking that will be lost the second season will be 8 spaces where building #5 is. There will still be 95 spaces available. Smith told Council they anticipate starting the bike rental and transportation program the first two summers. The third season of construction is the parking structure, tennis courts and the area internally will be restored and landscaped. Harvey told Council they plan to do the road and utility work, get all the improvements in for the single family homesite in this fall. The construction will begin on the tennis town homes either next spring or the following fall depending on what is worked out with the Institute. The renovation of the trustee houses and those additional units will be the next phase. Councilman Tuite said there has been some concern about utility and drainage and where they will be crossing or be installed for the new buildings. Smith said the utility plan is being finalized and indicates none of the open areas need to be crossed. The applicants have tried to use existing roadways wherever possible. Gideon Kaufman told Council during the HPC process, it was apparent that the concern had to do with the front, which had some wonderful Bayer traditions, the initials HC, the colors. It was determined the most appropriate thing is to preserve 100 percent of the health club in the front; any additions would take place in the back. The HPC liked bifurcating the buildings. The applicants are proposing two separate pods in the back of the building. This will preserve the entire front of the building. Kaufman noted when the health club was designed and built, the Institute programs were predomi- nantly male oriented. Currently there are a lot of women partici- pants; therefore, there are needs to upgrade the facilities. This can be accomplished in the back without changing the front. The water features in the front can also be preserved. Kaufman said 9 Continued Meeting Aspen Citv Council April 29, 1991 what has been approved is the footprint and the concept. The building has not been designed yet. Kaufman told Council the building with the restaurant is also a reception building, meeting, offices, administration and also serves as a restaurant function. Kaufman said the building has been analyzed; it is not functioning well. Kaufman said the most intensive use takes place during the summer when there are meetings, receptions, dinner and lodge uses all going on at the same time. Kaufman said they want to keep the restaurant building as much the same as possible. There is an existing deck, which will be enclosed. This will not change the footprint but will give 2,000 extra square footage that is needed. Kaufman told Council this change will enable all Institute participants to eat dinner at the same time and to get to know each other. Kaufman said of the 2,000 additional square feet, part will be for office, for lodge uses, meeting rooms, bar and additional eating capacity. Kaufman told Council the view from the front will not be affected at all. The pool will be taken out and there will be a pool on the north side of the health facility. Harry Teague, architect, there are 3 components to the music changes. There will be a back stage addition to the music tent. There will be a 1500 square foot extension, 30 by 50 feet, an extension of the same shapes of the current back stage, continuing the same roof treatment, the same wall materials. Teague said the bath room facilities on the north end of the tent will be improved. There will be modifications to the landscaping, including seating berms around the outside of the tent. These berms will provide an improved experience for the outdoor listener and will also prevent increased outside noise filtering into the tent. This may allow the tent flaps to be left up to help cooling of the tent. Teague said there has been a lot of concern about the outside seating. The eastern seating is divided by trees into segments. The area to the north will be impacted by the new rehearsal facility. The other area will remain exactly as is. Teague showed the current path running inside the trees; a new manicured surface outside the trees will be installed. This will increase the outdoor seating perhaps as much as 50 percent in the informal sense. There will not be a loss of seating, but the impacts will be different. Teague said the service area will be improved by moving some functions into the basement. Teague reminded Council the master plan shows the location for the rehearsal facility on either the west or east side of the tent. During conceptual, staff recommended and a condition of approval from P & Z was to put the rehearsal facility on the east side of the tent. At Council, conceptual approval was given for the facility with the condition the building be located on the east 10 Continued Meeting Asnen Citv Council April 29, 1991 side. Teague told Council at an HPC meeting during their process and with input from public discussed at length the merits of putting the building on either side. From a historic point of view, it was decided it would be most appropriate on the east side. Teague told Council from these meetings, the applicants have continued to plan and elaborate the site plan with the rehearsal facility on the east side of the building. Teague showed a vegetation plan with the facility; only one bush will be lost. Some vegetation will be added. HPC recommended the building be lowered. By moving the building to the north, they have been able to lower the building 3 feet, this, coupled with redesigning the building, lowers it 8 feet. Teague showed an elevation of the structure showing the virtual height of the tent and the virtual height of the rehearsal facility. Teague showed a plan of the rehearsal facility with lobby with raisable glass doors, which allows it to become an indoor and outdoor lobby. There are additional bathrooms. These both should augment the current facilities. Teague noted the stage will accommodate 150 musicians in rehearsal. There are 500 seats for performances. The stage can be closed down to accommodate soloists and small ensembles. Teague told Council the necessity of having volume in order to obtain the correct acoustics has been driving the nature and height of the building. Teague said they have attempted to preserve the quality of the space, otherwise there would be no reason to build the facility. Teague showed elevations in the new lower configuration of the rehearsal facility from different viewpoints around the Meadows. Teague showed slides of the area as it has evolved; showed the tent and how the rehearsal facility will relate to it, to the grass area, to the service area and from various points around it, including inside the tent. Councilman Tuite said the single family houses are 25 feet from the roadway to be consistent with R-15 and asked if the applicants have looked at bringing this closer to the road. Harvey said they have looked at this. Because the building envelopes have been restrict- ed they cannot get the parking on the sites. Moving the houses closer will also start to encroach on the feeling while driving down the road. Harvey said the building envelopes range from 6400 to 6100 square feet on a 12,000 square foot lot, which is a 20 percent reduction from the R-15 zone. Councilwoman Pendleton said the planning office memo states the current proposal shows the race track zone to be smaller than presented on the master plan. Ms. Margerum said the planning office memorandum shows the variations between the master plan and this development proposal. Ms. Margerum said the master plan identified the general areas for rezoning but was not specific. There are now specific areas and these are smaller. Staff would 11 Continued Meeting Aspen City Council April 29, 1991 prefer they go back to the original areas proposed in the master plan. Mayor Stirling asked for calculations of acres. Councilwoman Pendleton said in the RMF zone, the applicants want to waive the 6 month lease restrictions for condominiums in that zone. Councilwoman Pendleton asked if this will cause problems in the winter if this will be a short term hotel. Ms. Margerum said it should be understood the applicants are proposing year round use of these facilities as a hotel. Councilwoman Pendleton asked if the year round uses have been spelled out . Ms . Margerum said they have not. Councilwoman Pendleton said she thought this was summer use only. Harvey said traditionally the trustee houses, Kresge and chalets have been short termed for winter use. Harvey said during the master plan, the year round use of the facility was discussed and it was brought up that for this to survive on its own it had to operate year round. Councilwoman Pendleton said perhaps the city should spell out year round use so that citizens are aware of the plans. Councilwoman Pendleton asked about the water rights and installing an 8 inch interconnect line. Larry Ballenger, water superinten- dent, said all the improvements will be on private property for private development and will not serve any of the city' s long range expansion plans. Ballenger said one goal of the city has been to develop an interconnect to the Black Birch line, which is a singular feed dead end line. Ballenger said Section 23-56(g) addresses water rights dedication to the city. Harvey said during conceptual, no mention was made of either of these conditions nor was there mention made during the GMP and scoring. The extension is a huge expense; however, if the water department is indicating they want to work with the applicant and get easements, that is fine. Harvey said asking for a large expense for a water line extension at this late date is not fine. The applicants are doing a lot of improvements and upgrading the neighborhood. Harvey said they have a plan with a delicate balance and cannot accept more conditions at this late date. Harvey said one of the main features of this property is the irrigation water, the ponds and ditches. Irrigation provides for landscaping as well as water features. Harvey said to give that up is not something the Institute is interested in. Savanah has committed to transfer the appropriate water rights when the land goes to the Institute. Kaufman told this may be more appropriately discussed at the public hearing. Councilwoman Pendleton a~ said the applicants have conservation land due to will be provided before tion land. Ms. Margerum has for the conservation the city within 30 days ~ked i f al l surveys have been done . Harvey not completed their final survey on the snow in the area. The legal description she city takes ownership of the conserva- said there is a requirement that Savanah land that it be surveyed and conveyed to of the final SPA approval. Ms. Margerum 12 Continued Meeting Aspen City Council April 29, 1991 said the concern on staff's part is to speed up the property conveyances between Savanah and the non-profits. Harvey said the subdivision plat is not difficult; however there are some things in the SPA that can take the entire 180 days in order to record. Councilwoman Pendleton asked why the 30 day requirement is included. Ms. Margerum pointed out it is because the agreement for the conservation land has a 30 days requirement. Councilman Peters said the relationship of the Aspen Meadows to the Aspen community is driving Council's involvement in this process. Councilman Peters said Council should be looking out for the community's interest. Council has taken a number of actions in order to preserve the Aspen Meadows, like spending over $2,000,000 to buy the riparian area. It is incumbent upon Council to make sure the community interest is served and that the final product does not lose it's community character. Councilman Peters asked what is the public access to areas like Anderson park, areas around the tent, to and through the Institute and down to the riparian area. Councilman Peters said the planning office has raised the issue of a relocated trail down to the riparian area, which staff considers not an improvement, stating the current rail is preferred down to picnic point. Councilman Peters said also he wants the applicants to address what public access will be to the Meadows, generally. Councilman Peters said there may be some questions who actually owns the Meadows interest, and Council should know exactly to whom they are awarding the development rights and whether they will be able to deliver the deeds to the properties to the non profit organizations. Councilman Peters said Council has yet to see that the ultimate result, transferring land to the non-profits, will be accomplished. Councilman Peters said short terming of the hotel is a significant issue. Councilman Peters asked if when the new condominiums were scored for GMP, were they scored for mitigating their housing as residential or commercial. Councilman Peters said the Meadows road is unnecessary and is an acquiescence to the needs of a few property owners. Councilman Peters said the old Meadows road would have served quite well had the city been more strict about limiting development. Councilman Peters said the rehearsal facility has improved; it is appropriate to move it to the north. Councilman Peters said the Aspen Center for Physics has asked for little out of this process except to be able to enjoy peace and quite. They have been given a subdivision and a road. Councilman Peters said it is inappropriate to put a building on the west of the music tent, which would block views of the sunset and the sky. Councilman Peters said he would prefer the parking on the surface around the hotel units; a parking garage is inappropriate and out of place at the Aspen Meadows. Councilman Peters said he will reserve judgement on the excess allotment until conferring with staff. 13 Continued Meeting Aspen City Council April 29, 1991 Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Pendleton, yes; Peters, no; Mayor Stirling, yes. Motion carried. Council adjourned at 7:45 p.m. Kathryn S Koch, City Clerk 14