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HomeMy WebLinkAboutminutes.council.19910610Regular Meetinct Aspen City Council June 10,...1991 PROCLAMATION - Public Works Citizen Award 1 PROCLAMATION - Good Roads Day 1 PROCLAMATION - Maurice Thuillier 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 2 ORDINANCE #6, SERIES OF 1991 - Holden/Marolt Museum Final PUD 3 ORDINANCE #7, SERIES OF 1991 - Whitcomb Duplex Condominiumiza- tion 4 ORDINANCE #8, SERIES OF 1991 - 1000 East Hopkins Subdivi- sion 4 ORDINANCE #10, SERIES OF 1991 - 1001 Ute Subdivision Final PUD 5 ORDINANCE #12, SERIES OF 1991 - Parking Permits 6 ORDINANCE #15, SERIES OF 1991 - Lily Reid House GMQS and Vested Rights 6 ORDINANCE #16, SERIES OF 1991 - Code Amendment Lost and Confiscated Property 7 ORDINANCE #19, SERIES OF 1991 - RFTA Intergovernmental Agreement 7 RESOLUTION #21, SERIES OF 1991 - Highway 82 Design Guide- lines 7 RESOLUTION #22, SERIES OF 1991 - Snowmass Aspen Transit Plan 8 BOARD APPOINTMENTS 8 ORDINANCE #26, SERIES OF 1991 - Aspen Mountain Lodge Section M Amendment 9 APPROVAL OF AMENDMENTS TO ORDINANCE #14, 1991 - Aspen Mead- ows 10 SWEARING IN MAYOR AND COUNCIL 12 24 Regular Meeting Aspen City Council June 10, 1991 COUNCILMEMBER COMMENTS 13 COUNCILMEMBER COMMENTS 14 CONSENT CALENDAR 15 SPECIAL EVENT PERMITS 15 LIQUOR LICENSE RENEWALS 15 ORDINANCE #25, 1991 - RFTA GMQS Exemption 15 ORDINANCE #24, SERIES OF 1991 - Newsracks 16 ORDINANCE #20, SERIES OF 1991 - Messiah Lutheran Church GMQS Exemption 18 RESOLUTION #23, SERIES OF 1991 - Christiana Lodge GMQS Exemption 19 ORDINANCE #22, SERIES OF 1991 - Code Amendment Square Foot- age 20 ORDINANCE #23, SERIES OF 1991 - Pitkin County Bank Vested Rights . CITY HALL BICYCLE BUDGET 2 2 25 Regular Meeting Aspen City Council June 10, 1991 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Tuite, Gassman, Peters and Pendleton present. PROCLAMATION - Public Works Citizen Award Mayor Stirling and Council presented to Roger Hunt the first public works citizen award. PROCLAMATION - Good Roads Day Mayor Stirling and Council proclaimed June 29 and 30th "Good Roads Day" and urged citizens to work on Independence Pass. PROCLAMATION - Maurice Thuillier Mayor Stirling and Council proclaimed June 10th as Maurice Thuillier Day for all his work as Chef Extraordinaire. CITIZEN COMMENTS 1. Katharine Thalberg asked Council to address a shortcoming in the bus system. The last bus leaves for Snowmass at 11:15 p.m. and the last down valley bus leaves at 12:30 a.m. Ms. Thalberg said her staff, and most people in the food and beverage business, cannot use the bus to come to work as they work past the last bus. Dan Blankenship, general manager of RFTA, told Council this is the same schedule they have had every summer. RFTA is working with Snowmass on a shuttle. Blankenship said there would have to be more revenues in order to do this; right now they are running in a deficit. Mayor Stirling moved to direct RFTA to pursue this issue; seconded by Councilman Tuite. All in favor, motion carried. 2. Fritz Benedict thanked Council for their hard work over the last couple of years on the Aspen Meadows . Benedict said the final result is good for the land and for the town. Benedict presented a picture of Meadows road facing north taken during last fall. 3. Jerry Bennett said there is a community thank you party for Bill Stirling Thursday, June 13 at the Hotel Jerome at 6 p.m. 4. Jeremy Bernstein requested people try to refrain from taking their dogs on Ute trail. It is a narrow trail and becomes dangerous when dogs and people try to pass. There are no signs about dogs and this trail. Assistant City Manager Bill Efting said he will look into this. 5. Les Holst told Council the Aspen Historic Trust and the Aspen Ski Club are having a fund raising raffle. The grand prize is a 1 Regular Meeting Aspen City Council June 10, 19.91 round trip to France with a week in a chateau. The drawing will be held on Bastille Day. 6. Sharene Rothman said it is important to have rules and regulations worked out for roller bladders. Ann Arbor, Michigan, had a successful free bike system. Ms. Rothman offered her services to help with alternative transportation in Aspen. COUNCILMEMBER COMMENTS 1. Councilman Peters said he has enjoyed serving with Council- members Tuite, Gassman and Mayor Stirling. They have all contrib- uted countless hours to the community. Councilman Peters said this Council does not always agree but there is a great spirit of teamwork and this Council has made a difference to the community. 2. Councilwoman Pendleton seconded the remarks of Councilman Peters. Councilwoman Pendleton said she appreciates the help she received from Councilmembers Tuite, Gassman and Mayor Stirling coming into Council late. 3. Councilwoman Pendleton said the turnout for the town meeting last week was disappointing. There is no strife in town. Councilwoman Pendleton said everyone was asked to come up with 3 goals for the next year; one that everyone brought up is less dependence on the automobile. Councilwoman Pendleton said she would like to see a cross town shuttle started this summer. Councilman Tuite said RFTA is not against this route; however, they would 1 ike some advance notice in order to be able to plan it . Dan Blankenship, general manager RFTA, said more revenues will have to be found to do more routes. RFTA is currently running in a deficit and is trying to cut back. Councilwoman Pendleton said if there are not alternate means of transportation people will be constantly driving around town. Mayor Stirling suggested this be brought up with the new Council. 4. Mayor Stirling asked if there is any news regarding the meeting with the EPA. Councilwoman Pendleton said there was a meeting to bring the new Council up to speed on the EPA and the superfund site. 5. Mayor Stirling asked about the Castle Ridge meeting. Councilman Peters said the Castle Ridge residents are unsure of their future and what the ultimate rent increases will mean to them over the next 5 years. Councilman Peters said he is working with the housing authority to give them information to disseminate. Councilman Peters said the city attorney's office has gone over the contract in order to give information. Councilman Peters said he will be a liaison to the residents between the city and the residents. 2 Reaular Meeting Aspen City Council June 10, 1991 6. Mayor Stirling said he would like to see the new Council address a new water policy for the ' 9 0' s . There was a water policy for the 80's that addressed a $9 million physical plant. The new Council should address issues like general policies for extensions, water rights, efficiency, conservation and continued hydroelectric power. 7. Carol O'Dowd, city manager, said she has appreciated the hard work of the outgoing Council and wishes them the best. ORDINANCE #6, SERIES OF 1991 - Holden/Marolt Museum Final PUD Diane Moore, planning office, said P & Z and staff recommend approval of this rezoning, subdivision and PUD request with conditions for the development of the public museum. Council requested additional information at the first reading on the highway alignment effect on the museum site. Ms. Moore told Council staff has studied this site in relation to the highway study map, which shows the highway right-of-way approximately 60 feet north of the barn. The revised alignment moves the highway north of the existing trail and not any closer to the Villas. Graeme Means told Council the conditions are satisfactory. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #6, Series of 1991, on second reading; seconded by Councilman Tuite. Councilman Peters said condition #1 describes easements for trails and utilities and asked if all these have been described. Means told Council this will be resolved in the final plat for the area, which is close to being resolved. Councilman Peters suggested adding language stating the city and museum should use their best effort to describe and convey adequate utility and trail easements . Councilman Peters asked about the northern boundary of the leased area shall be amended at the time the exact highway alignment is accepted by the city. Councilman Peters said the lease stands separate from this. Jed Caswall, city attorney, told Council the lease contains a description of the leased property. Amy Margerum, planning director, said the approval boundary would remain the same. The Historical Society does not want to have a highway within their leased boundaries. Councilwoman Pendleton asked about HPC's opposition to disturbing a historical landmark. Roxanne Eflin, planning office, told Council after HPC granted final approval for the museum parcel, they stated they are concerned and opposed to the encroachment across the National Register boundary. 3 Regular Meeting Aspen Citv_ Council June 10, 1991 Councilman Peters moved to adopt Ordinance #6, Series of 1991, on second reading as amended, adding the city and museum should use their best effort to describe and convey adequate utility and trail easements; seconded by Councilman Tuite. Les Holst, HPC member, told Council they felt going into a National Historic site creates a legal area they did not have the expertise to deal with. It is more important that the Historic Society gets the lease and loses some land than this is disapproved. Roll call vote; Councilmembers Gassman, yes; Pendleton, yes; Tuite, yes; Peters, yes; Mayor Stirling, yes. Motion carried. Rich Newton, president Historic Society, thanked the outgoing Council for all their hard work in helping and supporting the Historic Society. ORDINANCE #7, SERIES OF 1991 - Whitcomb Duplex Condominiumization Leslie Lamont, planning office, told Council this is a condominium- ization for future development of a duplex. This has received stream margin review and approval from P & Z. Nothing has changed since first reading. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Pendleton moved to adopt Ordinance #7, Series of 1991, on second reading; seconded by Councilman Tuite. Councilman Peters asked about the affordable housing impact fee; is it attributable to Ordinance #1, demolition and reconstruction. Ms. Lamont said either a fee or accessory dwelling unit would be required. If they provide an affordable housing unit, the housing impact fee does not apply. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Gassman, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #8, SERIES OF 1991 - 1000 East Hopkins Subdivision Amy Margerum, planning director, reminded Council they entered into a settlement agreement with the applicant. The provisions of development are in compliance with the agreement. This calls for the demolition of a 22 unit building and replacing it with 4 three- bedroom free market units and 4 two-bedroom affordable housing units. This is in substantial compliance with Ordinance #1 passed during the time the settlement agreement was reached. Ms. Margerum said the only issue raised at first reading was that the free market units exceeded the size stated in the settlement agreement. 4 Reaular Meetinct Aspen City Council June 10, 1991 Ms. Margerum said staff feels the units are in substantial compliance with agreement and the ordinance has been revised. Sunny Vann, representing the applicant, noted that there is some language in condition #15 that does not apply to condition #16. The property has vested rights status and the cash-in-lieu for affordable housing is due prior to issuance of a building permit. There was no objection to making this clarification. Councilman Peters said in the conditions there is no mention of the trail easement across parcel number 2. Vann said the easement is depicted on the final plat. Ms. Margerum said this should be listed as a condition. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Pendleton moved to adopt Ordinance #8, Series of 1991, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #10, SERIES OF 1991 - 1001 Ute Subdivision Final PUD Leslie Lamont, planning office, told Council this application is for subdivision, subdivision exemption for a lot split, and final PUD development review. The applicant originally sought a lot split; however, there is a long term lease for tennis courts on a portion of the property. The city attorney opined this should be considered a separate parcel. Staff recommended the applicant seek subdivision for the 3 lots and subdivision exemption for the lot split from Council. P & Z has recommended approval for final development approval and has approved 8040 green line review. The applicant is deed restricting the parcel where the tennis courts are to any future developments. Rick Neiley pointed out the applicant should be 1001 Ute Avenue partnership. Neiley said in condition #12 relating to the sanitation department, there was discussion whether a figure ought to be in the ordinance. The applicants have discussed this amount with the sanitation department. Only one house is being construct- ed and this amount should be stated as $3,000 per unit rather than $6, 000 and that payment should be done at the time the work is done Council agreed to these changes. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Pendleton moved to adopt Ordinance #10, Series of 1991, as amended, on second reading; seconded by Councilman Tuite. 5 Regular Meeting Aspen City Council June 10, 1991 Roll call vote; Councilmembers Peters, yes; Tuite, yes; Pendleton, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #12, SERIES OF 1991 - Parking Permits Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #12, Series of 1991, on second reading; seconded by Councilman Peters. Mayor Stirling complemented Bill Efting for all his work; this is a good proposal and it makes a lot of sense. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Peters, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #15, SERIES OF 1991 - Lily Reid House GMQS and Vested Rights Leslie Lamont, planning office, reminded Council this application is for a growth management exemption for an affordable housing plan, vested rights of that plan and adoption of Ordinance #15. At the first reading Council clarified the original intent of historic designation of the entire parcel. This ordinance has not changed since first reading. Ms. Lamont told Council staff had concerns initially about the affordable housing plan. The applicant has worked hard to improve this plan. Ms. Lamont said this is an excellent plan. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #15, Series of 1991, on second reading; seconded by Councilwoman Pendleton. Councilman Peters pointed out last year Council extended historic designation to the laundry site. The Council was induced to do that because the applicant maintained it had to be done to get on a fast track. Councilman Peters pointed out construction has not begun. The applicant could have applied under the GMP and could have received an allocation. Roll call vote; Councilmembers Pendleton, yes; Gassman, yes; Peters, no; Tuite, yes; Mayor Stirling, yes. Motion carried. 6 Regular Meeting Aspen City Council June 10, 1991 ORDINANCE #16, SERIES OF 1991 - Code Amendment Lost and Confiscated Property Tom Baker, assistant city manager, told Council the only amendment since first reading is that the city will notice which items will be claimed prior to the auction. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #16, Series of 1991, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Tuite, yes; Peters, yes; Pendleton, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #19, SERIES OF 1991 - RFTA Intergovernmental Agreement Dan Blankenship, general manager RFTA, noted this ordinance approves an IGA between the Roaring Fork Transit Agency and the town of Carbondale. RFTA has been providing service to the town and would like to formalize this service. The ordinance also ratifies the existing IGAs between the city and Pitkin County by ordinance to bring these into compliance with the language of the county powers act. This allows the Mayor to execute future IGAs on with local governments in the valley behalf of the Council when recommended by RFTA. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #19, Series of 1991, on second reading; seconded by Councilman Gassman. Mayor Stirling commended RFTA for their dialogue with the Glenwood Council for transportation between Glenwood and Aspen. Councilman Peters said he would feel more comfortable if a notice provision about the Mayor signing an IGA is added. Council agreed. Councilman Tuite moved to accept the amendment to add the notice provision in Section 2; seconded by Councilman Gassman. Roll call vote; Councilmembers Tuite, yes; Peters, yes; Pendleton, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. RESOLUTION #21, SERIES OF 1991 - Highway 82 Design Guidelines Mayor Stirling said this is the culmination of a lot of work done by the County Commissioners and the City Council. Wayne Ethridge, BOCC Chairman, told Council this has been approved by the county. Tom Baker, assistant city manager, said this gives an opportunity 7 Regular Meeting Aspen City Council June 10, 1991 to have a design for 45 mph from the airport to Maroon Creek road and then down to 35 mph. This allows a median width of 16 feet maximum and even narrower on parts of the road that do not require turn lanes, such as the Marolt property. The shoulder width is consistently 6 feet throughout the entire corridor with the exception of RFTA bus stop locations which the highway department will work with RFTA to identify. Baker said this design allows the elimination of the jersey barrier because the design speed is down to 40 mph. Baker told Council the highway department has indicated they will be taking very little of the playing field. However, this is a minimum field and any taking of property of this playing field wil l require a new facility. The county requested a change that would allow designers for the highway to allow Castle Creek road traffic into Aspen to avoid going through the signalized intersection. There is language included to focus the highway department's attention on the visual and noise impact between Castle Creek and Seventh street. Baker said plantings in areas where the median is 16 feet or larger can be accomplished. Baker said he would like to add to the resolution, "irrigated landscaping, if possible, in the center of the median". Councilwoman Pendleton asked if the resolution is clear about the highway department replacing land if they use the ball field. Baker said he will strengthen that point in the resolution. Council agreed with this suggestion. Councilwoman Pendleton moved to approve Resolution #21 as amended on page 13; seconded by Councilman Tuite. All in favor, motion carried. RESOLUTION #22, SERIES OF 1991 - Snowmass Aspen Transit Plan Mayor Stirling moved to adopt Resolution #22, Series of 1991; seconded by Councilman Gassman. All in favor, motion carried. BOARD APPOINTMENTS Councilwoman Pendleton moved to appoint David Brown as a regular member of P & Z; seconded by Councilman Gassman. All in favor, motion carried. Councilman Gassman moved to have the city clerk readvertise for the alternate position on P & Z; seconded by Mayor Stirling. All in favor, motion carried. Councilman Gassman moved to reappoint to the HPC Bill Poss, Joe Krabacher and Don Erdman to appoint Karen Day as a regular member and Martha Madsen as an alternate; seconded by Councilwoman Pendleton. All in favor, motion carried. 8 Regular Meeting Aspen Citv Council ____ June 10, 1991 Councilwoman Pendleton moved to reappoint Don Swales to the CCLC; seconded by Councilman Peters. All in favor, motion carried. Mayor Stirling moved to direct the city clerk to publish for a new opening on the CCLC and to remove Howard Gunther due to the number of meetings missed; seconded by Councilman Gassman. All in favor, motion carried. Councilman Peters moved to reappoint Charlie Paterson and Anne Austin to the Board of Adjustment; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilwoman Pendleton moved to readvertise for the joint appoint- ment on the Housing Authority. Motion DIES for lack of a second. Councilman Peters moved to appoint Betsy Fobert as a joint appointee to the housing authority; seconded by Councilman Tuite. All in favor, with the exception of Councilwoman Pendleton. Motion carried. Councilman Peters moved to appoint David Mylar to the housing authority to replace Richard Roth; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilman Gassman recommend the city and county address joint appointments in a j oint session to save time and be more efficient . ORDINANCE #26, SERIES OF 1991 - Aspen Mountain Lodge Section M Amendment Jed Caswall, city attorney, reminded Council the quasi-judicial hearing regarding Savanah Ltd's application for a Section M amendment to the existing PUD agreement to extend various construc- tion deadlines for the Ritz Carlton hotel project has been closed. Caswall said Council has an order which sets forth their findings, determinations and conclusions. Attached to the order at attach- ment 1 are items Savanah needs to furnish to the building depart- ment in order for them to complete processing a number #1 building permit. Attachment #2 is a construction schedule as submitted by Savanah Ltd which sets forth a large number of the items to be undertaken by them in the next 18 to 24 months. Attachment #3 is recitation by Savanah as to matters they will take over the next 12 months in order to address concerns raised by staff at the public hearing. There is the amendment to the PUD agreement. The order authorizes the execution of the amended document. Caswall told Council the ordinance ratifies the determination made by Council and authorizes the execution of the amendment. Savanah has asked that the ordinance be adopted to stall any challenge on procedural grounds. 9 Regular Meeting Aspen City Council June 10, 1991 Councilman Peters moved to approve the request for a Section M amendment to the Aspen Mountain PUD agreement; seconded by Councilman Gassman. Councilman Peters said one issue raised by staff is that there may not be enough money in the bond assurances for replacing and reestablishing city rights-of-way because a certain portion of the money is restricted for municipal work and for landscaping. Councilman Peters asked if it would be acceptable to allow the bond money to be spent either on landscaping or reconstruction of public rights-of-way if necessary. Bob Hughes, representing the appli- cant, said there are no problems with that. Councilman Peters moved to add condition #19 to allow the PUD to be amended and the bond assurance language to be amended to allow for landscaping assurances to be used for right-of-way and public safety improvements as required around the Aspen Mountain PUD; seconded by Councilman Gassman. All in favor, motion carried. Councilman Peters moved to read Ordinance #16, Series of 1991; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #26 (Series of 1991) AN ORDINANCE RATIFYING AND APPROVING AMENDMENTS TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOP- MENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION was read by the city clerk Councilwoman Pendleton moved to adopt Ordinance #26, Series of 1991; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Peters, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. APPROVAL OF AMENDMENTS TO ORDINANCE #14, 1991 - Aspen Meadows Amy Margerum, planning director, thanked members of her staff who put in many hours on this application. Mayor Stirling moved to direct the city manager to sign the proposed amendment for purchase of the 25 acres riparian area, signed by Aspen Enterprise International and 1001 Inc; seconded by Councilman Gassman. Mayor Stirling said this amendment should be attached to the contract which gives the new Council the right to determine that all is in order regarding easements and the title. All in favor, motion carried. Charles Collins presented some items for the records. Jed Caswall, city attorney, advised Council the record is closed. Collins said 10 Regular Meetinq Aspen City Council June 10, 1991 there are 2 items in section 13, paragraphs 20 and 21, which have not previously been discussed. Caswall said these were discussed before; however, Council may re-open the public hearing on these two paragraphs. Perry Harvey, representing the applicant, reminded Council at the public hearing on the 28th, Joe Wells mentioned the open space would have to be varied because the definition requires it be viewable from a public road and there is no public road at the tennis townhouses. Wells also mentioned the covered parking structures were close to the lot line and a variation would be needed. Council instructed the applicant to work with the planning staff and put this language into the ordinance. Bob Hughes, representing the applicant, agreed this is not new matter is identifying a variation that has already been approved in concept. Mayor Stirling moved to re-open the public hearing and take evidence from the public on paragraphs 20 and 21 as they were not previously written in a ordinance; seconded by Councilman Peters. All in favor, motion carried. Collins presented a letter as a follow up to old business which he would like submitted into the record. Mayor Stirling said he will only accept evidence directly related to paragraphs 2 0 and 21 which has to do with accessory buildings, minimum front yard setbacks and open space requirements as regards lots 5 and 6. Collins said there has been no response to his inquiries and he feels it appropriate this Council be given an opportunity if they have not received this information previously, they should be able to get it at this meeting. Councilwoman Pendleton said these have been discussed. Mayor Stirling said these are items that have been part of the public discussion. Caswall suggested this be marked as an exhibit but noted that it was offered but not accepted into the record. Ramona Markalunas presented a statement she made May 28th and would like included into the record. Ms. Markalunas said this was submitted but not in writing. Mayor Stirling said he has no objection to submitting this to the record. Ms. Markalunas asked if the agreement for the conservation area guarantees public access to the area purchased by the city. Mayor Stirling said yes. The amendment does not guarantee public access but Ordinance 14 does. Sy Coleman asked about the wording for guaranteed public access. Mayor Stirling said this is #28 states, "public pedestrian access excluding access to buildings will continue to be allowed at reasonable hours throughout the entire academic, open space and wildlife preservation zone district areas of the Aspen Meadows development subject to reasonable regulations as established by the owners thereof in order to protect their property as well as the academic privacy and serenity of the campus". 11 Regular Meeting Aspen City Council June __101___1991 Councilman Gassman moved to adopt Ordinance #14, Series of 1991, as amended; seconded by Councilman Tuite. Gideon Kaufman, representing the Aspen Institute, said there were discussions between the city's water attorney and the applicant. Caswall said he has new language for page 8, provided by Kevin Patrick, water counsel for the applicant who indicated in writing he talked to the city's water attorney who has affirmed this language. Caswall read Council the new language, "that amount of water reasonably necessary for the efficient irrigation of the lands historically irrigated not to exceed the amount of water conveyed to the city by the developer". Councilman Gassman amended his motion to include this language. Councilman Peters said he was instrumental in starting the master plan for this property. Councilman Peters said the compromises in the process have increased the value of the final product to the city. Councilman Peters said he feels the new road was approved for no apparent reason. The 4 lot subdivision was approved in order to meet financial needs of the developer. Councilman Peters said Council has a lot of trust in the architect and in the M.A.A. for the new rehearsal facility and to preserve the qualities of the tent. Councilman Peters said the public will have a hard time understanding why the new road is going to be built through the race track and why the 4 unit subdivision is necessary. Mayor Stirling said he has worries about the eco-system and support of the wildlife. Mayor Stirling said he does not see the necessity of Seventh street and the invasion into the race track. However, the land is being deeded to the 4 non-profit users. The riparian land is being preserved and used for the community. The plan leaves the sage fields open; they cannot be built upon. All in favor, with the exception of Councilman Peters. Motion carried. Mayor Stirling presented a letter from the Amway Foundation to members of the Aspen Indigenous Celebration Committee. This letter confirms Amway will be the founding sponsor at $25, 000 to give seed money to get the festival planning underway. Mayor Stirling presented the letter to Janie Jocelyn, Karinjo Devore, Stacy Standley and Katie Doremus of the Indigenous Celebration Committee. SWEARING IN MAYOR AND COUNCIL Mayor Stirling read Resolution #23, Series of 1991, commending Bill Tuite for his service to Council and moved to pass this resolution; seconded by Councilman Gassman. All in favor, motion carried. 12 Regular Meetinc~__ Aspen Citv Council June 10. 1991 Mayor Stirling read Resolution #24, Series of 1991, commending Michael Gassman for his service to Council and moved to pass this resolution; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilman Gassman read Resolution #25, Series of 1991, commending Bill Stirling for his 4 terms as Mayor and his service to Council and moved to pass this resolution; seconded by Councilman Tuite. All in favor, motion carried. Municipal Judge Brooke Peterson gave the oath of office to Rachel Richards and Augie Reno as Councilmembers and to John Bennett as Mayor. COUNCILMEMBER COMMENTS 1. Mayor Bennett thanked friends who helped elect him. Mayor Bennett said he will work to keep Aspen special in history, architecture, arts, environment and the people. Mayor Bennett said everything he will do for this town will come from the heart and will be what he believes is right for Aspen. 2. Councilman Reno said he comes to Council with a commitment to the other members and with a spirit of team work. Councilman Reno promised to respect the other member's opinions. 3. Councilwoman Pendleton welcomed the new Council and Mayor and said she is excited to work with them and hopes to get a lot done. 4. Councilwoman Pendleton said the attendance at the town meeting was disappointing. There is not much controversy in town and people do not get as involved. Councilwoman Pendleton said one idea of the town meeting is to come up with short term goals for the next year. People at the meeting were asked to pick out goals to focus on. The first 4 goals people felt Council should be concentrating on; employee housing, keeping town the way it is, transportation and automobile disincentive. Councilwoman Pendleton said she would like to see a cross town shuttle initiated. Carol O'Dowd, city manager, said this shuttle was a recommendation from one of the groups at the transportation symposium. Ms. O'Dowd suggested Council direct staff to work with RFTA to look at costs, look at breaking this up between winter and summer service. Ms. O'Dowd said to make this work right it make take different equipment. Mayor Bennett agreed Council should get a concise report on costs and options. 5. Councilwoman Pendleton said she would also like to examine limiting delivery trucks. 13 Reaular Meetina Aspen Citv Council June 10. 1991 6. Councilwoman Pendleton said she has heard a lot about passive parks. It is an appropriate time to look into open space monies and places to buy parks. Councilwoman Pendleton said there should be some parks in the Centennial and Smuggler areas . The city needs more park facilities. Councilman Peters said Council should schedule a meeting with the parks association soon and work on this. 7. Councilwoman Richards expressed appreciation to the outgoing Council who put a lot of time and effort into the goals of city government. Councilwoman Richards said she is excited about working with Council and staff to accomplish goals over the next 4 years. Councilwoman Richards thanked the people who put effort into her campaign. Councilwoman Richards said she favors the pedestrian orientation of town, discussing limiting delivery trucks, begin working on a relationship and cooperation with the ACRA, the economic future of Aspen is important in achieving Aspen's goals, and to get better support for the youth programs. 8. Councilman Peters, as the oldest living Council member, said he is happy to be working with this group. COUNCILMEMBER COMMENTS 1. Sy Coleman said after the state of Colorado did the blood level studies in the Smuggler area with 49 kids and 100 adults, the results of the EPA's risk assessment is no longer correct. The initial risk assessment implied a 20 percent increase in blood lead based on a worst case scenario. Coleman said the issue is whether the clean up is going to do more harm than good. Coleman told Council the EPA has never come up with number for leaving the site alone. Coleman recommended Council not pass the institutional controls. 2. Richard Compton congratulated the new members of Council. Compton supported the issues of buying more parks. Compton suggested the city look at Garrish park to see if it can be developed. Mayor Bennett said he has informally polled Council and they are unanimously concerned about the EPA. Amy Margerum, planning director, told Council staff has updated the map showing location of all parks. 3. Nicholas Devore challenged Council to the idea of continuing the tradition of Aspen being perceived as an environmentally conscious community. Devore said the Christmas tree lights burning all year round are inappropriate and wasteful. Devore suggested an ordinance limiting the times these lights can be illuminated. Ms. 14 Regular Meeting Aspen City Council June 10, 1991 Margerum told Council there is an ordinance on the books; this is an enforcement issue. Staff has sent out a letter to all business- es about this ordinance. 4. Richard Roth congratulated Council. Roth said Council should continue to work on long term affordability. What makes Aspen special is the diversity of the community. Roth said Aspen could be the only ski town to house 50 or 60 percent of the employees within the community. CONSENT CALENDAR Councilwoman Pendleton moved to approve is (a) Minutes - May 13, 21, 1991 (b) Wheeler Request for Funds (c) Wheeler Lease Modification (d) Holiday House Encroachment (e) Flag Request - Aspen Air Show seconded by Councilman Peters. All in SPECIAL EVENT PERMITS the consent calendar which favor, motion carried. Sandy Goldman, representing the Chili Cookoff, told Council this event is a fund raiser for the Susan G. Komen Foundation. They are requesting a special event permit in Wagner Park for July 27th as well as vending permits. CCLC had not wanted this to turn into a giant vending affair. Ms. Goldman told Council the vending will be for Susan G. Komen books, t-shirts and chili tickets. Councilwoman Richards moved to approve the vending permit and special event permit for the Susan G. Koman Foundation; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilman Reno moved to suspend minutes; seconded by Councilwoma carried. the rules and meeting for 30 more n Pendleton. All in favor, motion LIQUOR LICENSE RENEWALS Councilman Peters moved to approve the liquor license renewal for the Hotel Jerome and Paragon; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #25, 1991 - RFTA GMQS Exemption (Councilman Reno stepped down due to conflict of interest). Councilman Peters moved to read Ordinance #25, Series of 1991; seconded by Councilwoman Pendleton. All in favor, motion carried. 15 Regular Meeting Aspen City Council June 10, 1991 ORDINANCE #25 (Series of 1991) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY AND VESTING OF DEVELOP- MENT RIGHTS FOR THE EXPANSION OF THE RUBEY PARK TRANSIT CENTER LOCATED AT 419 S . MILL STREET ( LOTS K-S , BLOCK 9 0 , ASPEN TOWNSITE) was read by the city clerk Diane Moore, planning office, said P & Z and staff recommend approval of the GMQS exemption for essential public facilities for the 440 square foot expansion of the Rubey Park transit center. This request enables RFTA to provide employee lounge and rest room facilities. The expansion will be to the north about 9 feet. Council may approve GMQS exemptions for essential public facili- ties; RFTA meets the definition of essential facility. Ms. Moore told Council the expansion will not create additional employees. HPC has reviewed and approved the project. Staff is satisfied the additional is compatible with the neighborhood. Ms. Moore told Council at P & Z there was a concern that the existing landscape plan was not in conformance with that approved in the SPA. Ms. Moore said the plan is in conformance except for 3 maple trees along Durant avenue. These were removed due to interference with pedestrian traffic and the buses. There are 36 additional shrubs that were not indicated on the plan. Ms. Moore recommended the condition be removed and that Council direct parks department to remove the weeds, add some flowers and mulch the area. Ms. Moore told Council there is an agreement between RFTA and the city for the city to do the landscaping. Councilwoman Richards said the purpose of the trees on Durant street is to keep this from seeming like an urban center and to add aesthetics to the area. Ms. Moore said the exhaust from the buses does not enhance the life of the trees. Councilwoman Richards said there may be more durable trees that could be placed on Durant. Patrick Stuckey, representing the applicant, said they can investigate trees that may survive better in this area. Councilman Peters moved to adopt Ordinance #25, Series of 1991, subject to investigation of hardier landscaping trees; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #24~ SERIES OF 1991 - Newsracks Councilman Peters moved to read Ordinance #24, Series of 1991; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilwoman Richards. Motion carried. 16 Regular Meeting Aspen City Council June 10, 1991 ORDINANCE #24 (Series of 1991) AN ORDINANCE MAKING IS UNLAWFUL TO PLACE, MAINTAIN OR OPERATE A NEWSRACK IN THE PUBLIC RIGHT-OF-WAY WITHOUT FIRST OBTAINING A PERMIT AND REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC RIGHT-OF-WAY BY AMENDING CHAPTER 19 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO BY ADDING ARTICLE IX, SECTION 19-185 THROUGH SECTION 19-198 was read by the city clerk John Worcester, city attorney's office, said this was drafted at the request of CCLC. The issue has been discussed for a long time. This is an opportunity for Council to decide whether they want to manage the proliferation of newsracks in Aspen. Worcester noted the ordinance was drafted with 2 considerations; public safety and aesthetics. Sy Coleman said this is a serious First Amendment issue and the ordinance should be thrown out. John Colson, representing the Aspen Times, objected to the permit process because if a permit can be granted, it can also be withheld or denied. Colson said negotiations on aesthetics and locations of the boxes is valid, but the permit process is not valid. Councilwoman Pendleton said there are 135 newsracks in town. It seems as if there are newsracks everywhere in town. Worcester said this would require areas that are designated historical to have the newsracks removed. Worcester said the free market can decide the number of racks. The ordinance will legislate where the newsracks can and cannot be; it will not limit the number of racks. Worces- ter noted this ordinance does not grant unfettered discretion to any public official. If one meets the standards set forth in the ordinance, a permit must issue. Councilman Reno asked how one demonstrates prior to getting a permit where the racks should be located. Worcester said a distributor would go to the public works department tell where they want a rack and ask if it violates any of the specific standards in the ordinance. Councilwoman Richards said she is concerned that the existing boxes are dirty and not kept up. Councilwoman Richards said she does not see in the ordinance what will happen if the boxes are not kept up. Councilwoman Richards said this should be a notification of location rather than a permitting process. Coleman asked how a newspaper is defined. Worcester said the ordinance does not define what a newspaper is. The ordinance attempts to manage the proliferation of racks, not to define a newspaper or periodical. The director of public works will not have that authority. Councilwoman Richards said she is concerned with the number of vending units per business. Worcester said this ordinance only addresses newsracks on the public right-of-way. 17 Regular Meeting Aspen City Council June 10, 1991 Councilman Peters said the constitutional question has been investigated and will get an airing at the public hearing. Councilman Peters said he is concerned that the mall is specifical- ly excluded for marketing newspapers. Mayor Bennett agreed there does not seem to be a legal problem with this ordinance; however, it may not be the answer to a pressing problem of the city. Mayor Bennett said Aspen is a city that sells aesthetics and some of the newsracks do not look very good. Councilman Peters moved to adopt Ordinance #24, Series of 1991, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Peters, yes; Richards, no; Mayor Bennett, no. Motion carried. Councilwoman Richards said she would like to know the cost of installing more condo racks and the state of repair of the existing ones. Councilwoman Pendleton moved to suspend the rules and meet for another 30 minutes; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #20, SERIES OF 1991 - Messiah Lutheran Church GMQS Exemption (Councilman Reno stepped down due to a conflict of interest). Councilman Peters moved to read Ordinance #20, Series of 1991; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #20 (Series of 1991) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION AND VESTING OF DEVELOPMENT RIGHTS FOR A DEED RESTRICTED AFFORDABLE HOUSING UNIT AT THE MESSIAH LUTHERAN CHURCH, LOCATED AT 1235 MOUNTAIN VIEW DRIVE (PARCEL A, BLOCK 3 WEST MEADOWS SUBDIVISION) was read by the city clerk Leslie Lamont, planning office, told Council this is a GMQS exemption for a fully deed restricted affordable housing unit. This is a three-bedroom unit which will be deed restricted to category 3. P & Z recommends approval. This also includes vested rights for a site specific plan. This proposal came out of Pitkin County Banks' growth process completed in January 1991. In order to satisfy their housing mitigation for their increased net leasable for the bank building, they have been working with the Church to provide a housing unit for the Church and to meet the growth management standards. Ms. Lamont told Council in commercial GMP the applicant is not required to list a category; they are only scored on the number of employees they provide housing for. 18 Regular Meeting Aspen Citv Council June 10,..19.9.1 Sunny Vann, representing the Pitkin County Bank, told council this unit is 1400 square feet, which exceeds the maximum size for category 3. The Church is willing to not receive the larger rent in exchange for having the unit large enough to serve the minister and his family. Councilwoman Richards said she would like to see this at category 2 and have a limitation on the rent for the larger square footage. Councilman Peters said he feels this is a great way to get actual housing for the community and not get cash-in- lieu with which the housing authority is inundated. Councilman Peters moved to adopt Ordinance #20, Series of 1991, on first reading; seconded by Councilwoman Pendleton. Councilman Peters asked staff to look at the implications of a larger unit for a lower category and what type of rent could be charged. Councilwoman Richards said category 3 allows a larger unit and a larger rent per square foot. Vann said the difference is $.20 per square foot and the difference in size is 200 square. Since the Church was building a much larger unit than that allowed, it was attempting to recoup as much as possible construction costs since the unit will not be resold. The Church was trying to match the income for the unit to that of a typical minister. Ms. Lamont told Council staff has been working on the Pitkin County GMP since September 1990 and the housing plan proposed by the applicant has been worked on with staf f and P & Z for 4 months . The language for the deed restriction is unusual given the neighbors input. Ms. Lamont told Council an affordable housing unit in this zone was viewed as an amendment to the original conditional use. There was a public hearing in the conditional use process. The neighbors were concerned about the number of people who may be 1 iving in the unit . The neighbors wanted to see the unit used first by the Church. Roll call vote; Councilmembers Pendleton, yes; Richards, yes; Peters, yes; Bennett, yes. Motion carried. The ordinance was approved as drafted. RESOLUTION #23, SERIES OF 1991 - Christiana Lodge GMQS Exemption Leslie Lamont, planning office, told Council this is a growth management exemption for an affordable housing unit. P & Z recommended approval of this application. Ms. Lamont noted this is a voluntary unit. The owner of the Christiana Lodge would like to provide a 530 to 600 square foot one-bedroom employee unit within the lodge. It will be deed restricted to category 1 guidelines. This unit can be rented to anyone who meets category 1 guidelines, not just an employee of the lodge. This is in the form of a resolution because Steen Gantzel, the applicant, did not request 19 Regular Meeting Aspen City Council June 10, 1991 vested rights. There may be some work on the facade for egress and windows. Councilwoman Richards moved to approve Resolution #23, Series of 1991; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #22, SERIES OF 1991 - Code Amendment Square Footage (Councilman Reno stepped down due to conflict of interest). Councilwoman Pendleton moved to read Ordinance #22, Series of 1991; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #22 (Series of 1991) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER 24 SECTION 5-504 OF THE MUNICIPAL CODE TO CHANGE THE TERM "GROSS FLOOR AREA" TO "NET LEASABLE COMMERCIAL AND OFFICE SPACE" was read by the city clerk Leslie Lamont, planning office, told Council Section 5-504 in the Code attempts to limit the overall size of one particular business in the commercial core and S/C/I zone districts. The term used was "gross floor area". Ms. Lamont said when Pitkin County Bank was going through the code and attempting to get a building permit, they found that gross floor area was not consistent with other things in the code. Floor area and dimensional requirements are used to limit the bulk and mass of a building on every lot within the city. For commercial and office space, the term net leasable is used to get at the size of the actual commercial space. It is net leasable that is used to mitigate employees, parking and open space. The proposal is to change the phrase "gross floor area" with "net leasable commercial and office space". Ms. Lamont feels this is more consistent with the rest of the code. Net leasable does not take into account storage, bathrooms, corridors and anything below ground is not counted as floor area; however, the two areas of scrutiny give staff what they need in proposed development. P & Z is recommending approval of this code amend- ment. Councilman Peters said it was hard to understand how the size of certain businesses are being changed by this ordinance. Councilman Peters said he does not know how this all goes together. Council- man Peters said it seems the Pitkin County Bank will greatly benefit from this code amendment. Sunny Vann, representing the Pitkin County Bank, told Council when the zoning regulations were adopted in 1974, there was concern about very large commercial uses. The only measure of impact of floor area ratios. These established across the board limitations for certain businesses. Vann said it was found that FAR was not a good way to measure 20 Regular Meeting Aspen City Council June 10, 1991 impact for things like affordable housing. The 1986 code adopted the term "net leasable" for the purpose of mitigating impacts of growth. FAR became a bulk control. Vann said it is accepted that size limitations on certain business exist and FAR is no longer a reasonable measure. Vann said net leasable is the way to measure impact of businesses. If there is a concern that this will increase the size of certain businesses, these could be reduced by a certain percentage. Staff did not feel this was a problem. Vann said this change would add 2240 square feet of net leasable to the bank. There is a lot of storage area in a bank which is not net leasable but is FAR. Councilman Peters said he would like to know if this is creating a lot of non-conformities before final adoption. Councilman Peters pointed out there are certain businesses that are storage inten- sive, like a bank, and there are some questions about the fairness of the net leasable issue. Vann said when one competes in GMP, they compete for the portion of the building that has an impact, not for bulk or for storage. Councilwoman Richards said she is afraid this may be a size generator. Ms . Lamont said one idea toward providing more incentives for local businesses is to look at the entire growth management plan. At that time, staff can look to see if businesses need to be down sized. Ms. Lamont pointed out that mitigating for 60 percent of one's employees is in itself a size control. Councilman Peters said this will not result in larger buildings, which are controlled by FAR nor in more square footage being allocated per year, this is controlled by the GMQS and net leasable. Councilman Peters said this may result in smaller, various businesses. Councilman Peters moved to adopt Ordinance #22, Series of 1991, on first reading; seconded by Councilwoman Pendleton. Councilwoman Pendleton requested staff bring computations for some sample buildings for the second reading. Roll call vote; Councilmembers Richards, no; Peters, yes; Pendle- ton, yes; Mayor Bennett, yes. Motion carried. Councilwoman Pendleton moved to suspend the rules and meet until 10:15 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #23, SERIES OF 1991 - Pitkin County Bank Vested Rights Leslie Lamont, planning office, told Council this ordinance gives vested rights of the growth management allocation for the Pitkin County Bank building and approval of a site specific development plan. 21 Regular Meeting Aspen City Council June 10, 1991 Councilwoman Pendleton moved to read Ordinance #23, Series of 1991; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #23 (Series of 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, VESTING THE DEVELOPMENT RIGHTS FOR THE PITKIN COUNTY BANK EXPANSION AT 534 E. HYMAN (LOT 4, PITKIN CENTER SUBDIVISION) was read by the city clerk Councilwoman Pendleton moved to adopt Ordinance #23, Series of 1991, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Richard, yes; Mayor Bennett, yes. Motion carried. CITY HALL BICYCLE BUDGET Tom Baker, Assistance City Manager, said this is part of the effort to create a more pedestrian-oriented community. Baker reminded Council a code amendment was adopted earlier which allows the city manager to acquire lost or confiscated bikes from the police department; therefore, a budget for new bikes is not needed. This program is for racks and locks for bicycles for staff to use. The 10 lockers are for personal bicycles and the racks are for the fleet. Baker recommended a city hall bike fleet expenditure not to exceed $9700. Finance department has recommended 2 funds; the transportation fund, which has a balance of $150,000 or Council contingency of $58,000. Councilwoman Pendleton said she does not see the need to have 10 large bicycle lockers behind city hall. Councilwoman Pendleton suggested this be 5 lockers to start with and see how this works. Councilwoman Pendleton also suggested bicycles could be stored at the parking garage. Councilwoman Richards said she supports having secure lockers adjacent to the building; however, it would be easier to approve these lockers if Council had a better descrip- tion. Councilman Peters moved to approve the city hall bike fleet expenditure not to exceed $6950 changing the 10 lockers to 5 lockers with the conditions staff come back with a description and photographs of locker designs that can be approved and that Roxanne Eflin with the HPC undertake the beginnings of design on the east side of the vestibule for covered storage with racks inside, the source of the money is the transportation fund; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilwoman Richards moved to adjourn at 10:20 p.m.; seconded by Councilman Peters. All in favor, motion carried. __ ~~~Q Gw