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HomeMy WebLinkAboutminutes.council.19920526Regular Meeting Aspen City Council May 26, 1992 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Richards, Pendleton, Reno and Peters present. OUTSTANDING EMPLOYEE AWARDS Amy Margerum, city manager, announced that Susan Aranella, recreation department, is receiving an award for helping to hold the department together while recruiting a new director, for doing the budget and enlisting people for recreation programs. The second award goes to Barbara Umbreit, environmental health department, who was nominated by co-workers. When the environmen- tal health department budget was reduced, Ms. Umbreit took on the PR campaign for clean air, which saved the city money. CITIZEN PARTICIPATION 1. Caroline McDonald, owner of Log Cabin restaurant, requested Council re-examine their $15,000 budget to the ACRA for the food and wine classic and granting use of public property for this event. The Log Cabin has not had a fair shot at a vintner dinner in the last 2-1/2 years. The Chamber advertises the vintner dinner and takes reservations at an 800 number yet lets a private, non- Chamber group pick the restaurants through a lottery. These dinners costs $85 to $100. Ms. McDonald told Council the first year they were too late for the vintner dinners and were told they had to take American Express. The second year the Log Cabin took American Express and waited for announcement of the lottery. When they called in the spring, they were told again they were too late. Ms. McDonald told Council they set up their own dinner with a vintner. The day of the dinner they were told they could not do this or their vintner would be kicked out of the wine tasking tents. Ms. McDonald said when she contacted the Chamber she was told this is handled entirely separate from the ACRA and they have nothing to do with it. Ms. McDonald said they were hoping they would be able to contact Council about these dinners before Council's approval of the budget or approval of the special event permit. Ms. McDonald said they pay Chamber dues and pay taxes which support Wagner Park and the wine classic; yet her business is left out. The rules for these dinners are not public. Ms. McDonald requested the vintner dinners be more of a public entity and everyone have a chance to partici- pate. 2. Scott McDonald told Council American Express takes in $1.2 million from the food and wine classic participants and vintners. Most of this money is profit for American Express. The advertising is done by Food and Wine and the wine is supplied by the vintners. The labor and logistics are supplied by town volunteers and ACRA. 1 Regular Meeting Aspen City Council May 26, 1992 McDonald said American Express nets between $40,000 to $60,000. The city gives the ACRA $15,000. McDonald said the city deserves a detailed balance sheet from ACRA and American Express. Council man Peters said the first source of fairness should be the ACRA. If the vintner dinner is an advantage to a restaurant, it should be dispensed fairly. Councilman Peters said Council should send a letter to the ACRA suggesting treating all businesses in Aspen is of substantial concern when tax payer money is involved. Council agreed. Mayor Bennett suggested Council ask for an accounting on how this event washes out. Mayor Bennett said he has never understood this to be a money maker. Councilwoman Pendleton said the issue of fairness is upsetting. Councilwoman Richards said the Council funds $15,000 for this event yet there are strings on who can participate and who cannot. Councilwoman Richards said she would like to re-evaluate this $15,000 donation. Councilman Reno asked if other restaurants are in the same situation. McDonald said Syzygy does not take American Express. McDonald said restaurants outside the core area do not fare well during the wine classic. Councilman Reno suggested working this out with the restaurants, the restaurant association and ACRA. COUNCILMEMBER COMMENTS 1. Councilman Reno moved to susp end the rules and add Resolution #26, Series of 1992, Setting Special Election date, to the consent calendar; seconded by Councilwoman Richards. All in favor, motion carried. 2. Councilman Peters asked to remove request for funds, fire station housing and Motherlode volleyball tournament from the consent agenda and placed at the end of the agenda. 3. Councilman Peters brought up the Roaring Fork forum trails committee pursuing acquisition of the Rio Grande right-of-way. Councilman Peters said this acquisition runs counter to a position of the Commissioners as well as that of the previous Council and a preferred route of any potential light rail system. Councilman Peters said Council is being represented to the Forum by a trails committee. Councilman Peters requested staff find out what these trails representatives are saying. Council had a meeting with these trails representatives earlier and said the options for rail on this corridor should be kept open. Councilman Peters said there has been a move in the opposite direction by the Parks Association and the Pitkin County Open Space Commission. Amy Margerum, city manager, told Council Ellen Sassano from the 2 Regular Meeting Aspen City Council May 26, 1992 planning office has been attending these meetings. Ms. Margerum said they have not gone forward with a recommendation to purchase the right-of-way; however, it has been discussed. This will come up at the May 28th Roaring Fork Forum meeting. Councilman Peters said Council should be represented at the next forum meeting. Councilman Peters moved that Council write a letter to the trails representatives to the Roaring Fork Forum outlining Council's position that the Rio Grande right-of-way acquisition being that the Rio Grande right-of-way should be considered first and foremost as potential light rail corridor and that any conflict with trails should be resolved in favor of a rails system, that acquisition of the corridor is premature and may act counter to that for transit; seconded by Councilwoman Pendleton. Mayor Bennett requested an amendment that the letter contain a statement that Council consider the idea of a trail on that property to be important and that the two can and should co-exist. Councilman Peters amended his motion to add the above statement; seconded by Councilwoman Pendleton. Councilman Peters said he disagrees with using open space funds to purchase the right-of-way. If open space funds are used, this will never be a transit corridor. All in favor, motion carried. 4. Councilwoman Richards reminded everyone May 31st is the 4th annual art park work day from 9 a.m. to dusk. Esprit and Global Releaf are donating $5,000 worth of trees to be planted. Everyone is encouraged to come, bring gloves and tools. 5. Councilwoman Pendleton said Ramon and Steven Castillo are putting on a seminar in cross cultural challenges in the work place. This is Friday, June 5 at the Health and Human Services building from 10 a.m. to 3 p.m. and costs $50. 6. Councilman Reno requested staff put together what affect the kayak course will have on the water levels of the Roaring Fork during dry and heavy periods. Council agreed. Councilwoman Richards requested staff bring together information from the Army Corps of Engineers and the Division of Wildlife. 7. Amy Margerum, city manager, reminded Counc il the Roaring Fork Forum meeting is May 28th. Bus service will be available. 8. Amy Margerum, city manager, told Council the city is removing the dirt from the Eagle's property because the city cannot use the 3 Regular Meeting Aspen City Council May 26, 1992 Eagle's property for a trail. The staff will be configuring a trail through city property and to Newbury park. 9. Amy Margerum, city manager, told Council staff received bids on Smuggler area sidewalks for architectural and engineering services. There will be community participation to make sure this sidewalk is in areas that people will use. The construction will start in August. 10. Amy Margerum, city manager, told Council there is a dinner scheduled with the town of Carbondale Council June 18th and with town of Basalt Council June 25th. Council requested the dinner with Carbondale be rescheduled because of CML. CONSENT CALENDAR Councilman Reno stepped down due to conflict of interest on the Messiah Lutheran Church. Councilman Reno asked if the permission to submit a land use application for the Koch ice rink is not premature. Diane Moore, planning director, said permission to submit a land use application is not an endorsement. Councilman Reno agreed as long as it is clear this is not an endorsement. Councilman Peters moved to approve the consent calendar is amended; seconded by Councilwoman Pendleton. Councilwoman Richards asked if the concession stand contract was bid out. Amy Margerum, city manager, said this is only a one season contract and it was not bid out due to the lateness in the season. The consent calendar is: A . Resolution #24, 1992 - Ute Mountaineer Contract B . Concession Stand Contract C . Park Dedicati on fee waiver Messiah Lutheran Church D . Permission to submit Koch ice rink application E . Child Care Grant Waldorf School F. Resolution #26, 1992 - Setting Special Election All in favor, Councilman Reno abstained. Motion carried. ORDINANCE #12, SERIES OF 1992 - Aspen Winter Garden Ice Rink Diane Moore, planning director, recommended this public hearing be continued. At the last meeting Council requested Savanah submit new plans for the ice rink/park. These were submitted late last week and staff has not had a chance to comment. The applicant does have drawings to discuss at this meeting. Ms. Moore said the Section M amendment hearing will be scheduled for the June 8th Council meeting. Ms. Moore pointed out a larger ice rink 60 by 125 4 Regular Meeting Aspen City Council May 26, 1992 feet, has been proposed for this site. The rink reviewed on the final development application was 60 by 85 feet. The skate rental building has been enlarged. The applicants would like to discuss a popcorn wagon on site. The applicants would also like to discuss a revised landscape plan. John Sarpa, representing the applicant, said a lot of time and effort has gone into this ice rink. The first proposal to Council was considered too large. The smaller rink had fewer amenities attached and fewer revenue generating functions. This Council has indicated that ice rink is too small. Sarpa said the applicants have worked out a new ice rink which they consider to be optimum for the size and location of the site. Perry Harvey, representing the applicant, read a letter from Ferd Belz dated May 21, 1992, regarding this submission and its background. The letter points out the rink has been enlarged from 60 by 85 feet to 60 by 120 feet. This is as large as the rink can be with a 68 ton refrigeration system. A larger rink would necessitate a 100 ton refrigeration plant and a larger zamboni, which would increase the size and height of the maintenance building. The skate rental building has been increased from 30 by 30 feet to 30 by 43 feet. This increase also allows for greater cooling requirements in the roof space of the building. The elevations have changed slightly and the height to the top of the pitched roof is 25 feet from the ice rink finished grade. The rink has been elevated by 1 foot, which will allow for maintaining the same grade in the landscaped hill at the west end of the site to keep this space usable for people to sit on during the summer. The landscap- ing remains the same. A fire pit has been located at the west end of the rink to allow a gas fire. To the end east of the stairs from Dean street, a site has been allocated for a popcorn wagon or similar facility. Eliminating the vending machines in the skate rental building allows more space for waiting. This popcorn wagon will add activity to this site in the summer. Harvey showed some renderings of the skate rental building with a slightly changed facade. The overlook on Durant street has been maintained. Harvey said the applicants feel this is the optimum rink size to also be a concrete plaza in the summer time. Councilman Peters said this proposal has gone from a large rink with large restaurant to a small rink with no restaurant to this slightly expanded rink with some restaurant facilities. Councilman Peters said all this is driven by the economic engine. Councilman 5 Regular Meeting Aspen City Council May 26, 1992 Peters said his concern is that there should not be a focus of commercial concern on this site. The community has been told to expect a park, not a commercial center, and any commercial activity should be the minimal necessary to operate the rink. Mayor Bennett said his reaction is more positive to this rink than the previous small one. Mayor Bennett said he would object to a restaurant but a popcorn wagon may not be too bad. Councilwoman Pendleton agreed this is a better proposal than the previous one. Councilwoman Pendleton said she favors a large rink, however, the objections were encroaching on Dean street, the commercial interests, and not enough landscaping around it. Mayor Bennett said for the next review, he would like comments from skaters, who use the existing city facility, on this revised rink. Councilwoman Pendleton said she would like to see some food service at this rink. Harvey said he feels the quality of food service will be much better with a popcorn wagon than with vending ma chines. Councilman Peters said he is interested in keeping the skate rental building as small as possible. Councilwoman Richards asked about the possibility of roller blading and skate boarding on the concrete slab in the summer. Harvey pointed out this is also the entrance to the Savanah properties. Harvey said he does not know how the concrete surface will react to skate boarding. The plaza is under consideration for appropriate activities. Councilwoman Richards asked who will be managing this park in the summer. Sarpa said the applicants are. Councilwoman Richards asked how much this rink will cost to build. Harvey said Savanah was willing to contribute $700,000 to an endowment, which is the difference between doing a park on this site and a rink on this site. Councilwoman Richards said it seems that price has become a constraint to building the type of rink that will serve this community's needs. Councilwoman Richards said she has no concerns about a larger mechanical building when compared to the Ritz building. Councilwoman Richards said she would like to know the ability of Council to demand the type of rink that will serve the community's interest. Harvey said in a bigger ice rink, everything expands except the landscaping, which shrinks. Harvey said with the size of the parcel, the applicants feel this proposal is the optimum ice rink. Councilwoman Richards said she prefers the Ritz site for the community's ice rink if it fits the needs for the future and that there can be a better summer uses than a concrete slab. Sarpa pointed out the PUD agreement states Savanah will construct, manage and operate an ice rink. The agreement is not any more specific than that. Sarpa said through the process on the ice 6 Regular Meeting Aspen City Council May 26, 1992 rink, there have been mixed signals. Sarpa said they thought they were on the right track before the Koch ice rink was presented. Councilwoman Richards said she feels the rink is exchanged to the community for height and density variances, not donated to the city. Councilwoman Richards said she does not feel this ice rink is the final product. Councilwoman Richards said the food and popcorn wagon is a good approach. There has been a give and take in this process. Councilman Peters said he feels Council within their rights to debate the size of the rink. Councilman Peters said there is a set of plans showing an enormous rink on this parcel without a lot of attendant uses. Councilman Peters said he is concerned about how this will work all year long. Mayor Bennett said minutes of earlier Council meetings indicate there was not a great push for the rink to be smaller but for the restaurant and other commercial spaces to be smaller. Councilman Peters said he would like staff to find the original plan. Councilman Reno said one dilemma is whether Council wants a large rink, a park or both. If Council wants both, this proposal seems to be the best direction. Councilman Reno said this plan is a definite improvement and he favors a small concession stand for the area. Councilman Reno said he would like to see the skate rental building smaller; however, it is not overly large for the suggested use. Councilman Reno said he would like Council to send a signal on whether they want a rink/park or a large rink. Mayor Bennett agreed this issue comes down to what Council wants. Councilwoman Richards asked about vacating parking on Dean and Durant in order to increase the size of the rink and more landscap- ing on the site. Councilwoman Pendleton said she does not want to narrow Durant but is willing to consider Dean street. Mayor Bennett said if Council decides they want the big rink, he is willing to look at that. Mayor Bennett said until there is a transportation plan, Council can not just be eliminating parking places. Councilman Peters said Council should examine the fee structure for this rink also. Councilman Reno said he is interest- ed in fees, but how can the applicant provide a fee structure before Council has decided what ice rink they want. Harvey said prices can be set once they know what will be built. Harvey said the ice rink surface and the building sizes do not move indepen- dently of each other. Mayor Bennett opened the public hearing. Paula Mayer said this town needs another rink; two rinks could be used full time in this town. Mayer asked whether this rink will compliment the ice garden or replace the ice garden. What is 7 Regular Meeting Aspen City Council May 26, 1992 needed is a good skating rink with good comfortable seating capacity. If this is meant to be a quaint asset to the town, it should be kept small. Wainwright Dawson said a skating rink can be a reflecting pond in the summer. Dawson asked what this rink will do to the revenues at the ice garden. Aspen does need a quality rink. Councilwoman Richards said there is no intention to tear down the existing ice garden. Neither Savanah's proposal nor the Koch proposal would be a year round use. Councilman Peters said the second proposal is as big as one would want to go on this site. Councilwoman Richards said she wants a larger rink than this; is comfortable with larger ancillary buildings. Councilwoman Richards said she would consider vacation of Dean and Durant street parking for this proposal. Mayor Bennett said he would not want the rink any smaller than this proposal. Mayor Bennett said he would like staff's opinion on whether the rink on this piece of property could be any larger. Councilwoman Pendleton said she would support a large rink, larger than this, a food service, no problem moving into Dean street, however, Durant street should be left as is. Councilwoman Pendleton said she could live with this size. Councilman Reno said the current proposal is about right. Councilman Reno said a park and ice rink are meant for this site versus one large rink. Councilman Reno said this rink will not be a replacement for the ice garden; it will take away public skating and revenue. All of Council agrees the small original proposal is out. Councilman Peters said the fee structure is of interest. This rink is supposed to be a public amenity and should be accessible in terms of cost. This rink is a quid pro quo for development rights. Councilman Peters said the applicants cannot seem to shake the concept that this is an ice rink and a public amenity. This is not being renegotiated. Councilman Reno said he would agree with these comments if the prior PUD agreement addressed what accessible to the public means. Councilman Reno said he would be willing to look at how this works economically. Councilman Reno said he favors the popcorn wagon for the area. Mayor Bennett requested staff give an opinion on the public amenity issue. Mayor Bennett said there is the issue of whether Council has the right to say what size the ice rink ought to be. Mayor Bennett said he would also like to know what this can and cannot be in the summer, under the existing PUD. Mayor Bennett requested a comment on the impact of this rink on the revenues of the city's rink. Councilman Peters said he would like the building no larger than absolutely necessary to function. 8 Regular Meeting Aspen City Council May 26, 1992 Councilwoman Pendleton moved to continue Ordinance #12, Series of 1992, to June 8; seconded by Councilwoman Richards. SECTION M AMENDMENT Jed Caswall, city attorney, said this will be scheduled as a public hearing on the June 8 meeting. Council agreed. ORDINANCE #22, SERIES OF 1992 - Code Amendment Sliding Scale FAR/AH Zone Kim Johnson, planning office, said this code amendment includes a sliding scale for FARs in the affordable housing zone as well as places a cap of 6,000 square feet for a detached single family dwelling. Ms. Johnson pointed out the AH zone district is inconsistent with the R-6, R-15 and RMF zone districts, which are typically adjacent to AH zones. This amendment will provide consistency. Ute Park Partnership has indicated this item will provide further stimulation to the private sector to develop affordable housing projects. Ms. Johnson said this is the first AH project that has made it this far. The proposed amendment provides a propor tiona l increase in floor area ratios. It will be a strict relation to the size of the lot The maximum FAR will be 6,000 square feet and one will need close to an acre to achieve that cap. Ms. Johnson pointed out there is graphic information and a table in Council's packet. Tom Stevens, representing the applicant, said the concerns were this amendment was proposed by a private applicant. This is fairly conventional approach and most code amendments are initiated by private applicants. The table shows how the proposed floor area ratio is tracked with the existing zone districts. R-6 and RMF provides a smaller FAR than R-15. The ratio of the home to the lot is larger. At a 15,000 square foot lot, the existing AH zone begins to lag behind in allowable floor area ratio. In this proposal, the FAR remains consistent with R-6, R-15 and RMF. At the lots get bigger, the disparity gets bigger because the existing AH caps out at 3660 square feet. Stevens said it is good planning to remain consistent between the zone districts. This zone district will have a 6,000 square foot cap, which the other zone districts do not have. Councilman Peters said the upper limit in this proposal is acceptable to this applicant. This does track with the most restrictive zone, R-6. Councilwoman Richards suggested to track with the R-6 the cap should be 5770 square feet rather than 6,000 for the R-6 and RMF and cap at 6,000 for the larger size lots. 9 Regular Meeting Aspen City Council May 26, 1992 Amy Margerum, city manager, said her original concern was that there would be so much disparity between the affordable housing units and the free market units. Ms. Margerum said this code amendment makes sense for the way this particular project is designed. Mayor Bennett agreed the FAR should track more closely with R-6 zone district and be capped at 5770 square feet. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #22, Series of 1992, on second reading amending the ordinance to take the proposed zoning for the AH zone and cap it at 5770 square foot: seconded by Councilman Reno. Roll call vote; Councilmemb ers Peters, yes; Richards, yes; Pendleton, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE # 18, SERIES OF 1992 - Ute Park Subdivision Final PUD Kim Johnson, planning office, told Council engineering department requested structural framing and necessary retaining walls on lot 1 be added to condition #3. The fire marshal made a determina tion if the buildings on lots 1 and 2 are sprinkled to his satisfaction, there does not have to be a 50 foot radius turn around. This is a better physical solution. This is addressed in condition #12. Ms. Johnson reminded Council there was discussion of what would be a triggering mechanism to initiate the city taking title in escrow to the affordable housing lots and the letter of credit for construc tion of the affordable housing units. It was resolved that the city would be named in a first deed of trust on the free market lots for $10 to put the city on notice that a transaction was taking place. New condition #1 reads that the first deed of trust shall be held by the city and upon sale of the first free market lot, the deed to lot 4 will be placed in escrow for the city. New condition #2 takes into consideration the avalanche protection measures and also states avalanche shall not be deflected on other properties. New condition #4 requires that financial assurances and avalanche documentation must be recorded prior to the final plat and subdivision agreement if the building permits are ready to be pulled. Ms. Johnson told Council there are two requests for waiver of fees from this project; $21,000 park development impact fee for the affordable townhouses, which the applicant is requesting a waiver of and the consideration of trading the trail easement for the park fee for the free market lots. Ms. Johnson said exhibit E shows the different land use applications that generate park impact fees. 10 Regular Meeting Aspen City Council May 26, 1992 Staff recommends the waivers should not be accepted by Council; there is a free market component, a 70/30 mix. The concept is the free market component will help sustain the affordable housing fee impacts. Mayor Bennett opened the public hearing. Les Holst asked about the mitigation for avalanches. Councilman Peters said originally the affordable housing units were in the avalanche area. The project was redesigned to use free market units as a shield. The density has been decreased since the original application. Mayor Bennett closed the public hearing. Councilwoman Richards asked if there are funds being set aside for the building of the trail. Stevens told Council rather than plat a specific easement, the Nordic council and summer hikers will use the trail. After usage, an as built will be platted. The city will do the construction of the trail. Councilwoman Richards asked if the city can require funding from the applicant towards construction of the trail. Ms. Johnson said subdivision regula- tions require dedication of the easement. Councilwoman Richards said two statements in staff's recommendation are that the free market home will be enough for avalanche mitigation and the other statement is that the townhome should be built to a certain specification. Councilwoman Richards asked whether there should be a retaining wall behind the free market houses rather than having the townhouses built to a certain specification. Ms. Johnson noted the statement about the town- houses is in the memorandum from first reading. Stevens said the intention is for the applicant to build on lot 1, above the affordable housing. The applicant will have control over the architecture and mitigation it provides to itself and the units below. In the event that does not take place and the lot sells, the other mitigation will be a back up. Councilwoman Richards said she is also concerned about the home on lot 1 and that it may be appropriate for everyone to have a retaining wall. Jim Martin told Council the avalanche expert has said that a retaining wall by itself will not work and is not as good as having the structure there. Councilwoman Richards said she would feel negligent approving this without a retaining wall Stevens told Council the applicant has reviewed the conditions. There are 3 alternatives regarding the park dedication fees. Stevens requested a policy decision from Council on park dedication fees within AH zone that will fit in the 3 alternatives. Council- woman Pendleton said she will take staff's recommendation. 11 Regular Meeting Aspen City Council May 26, 1992 Councilman Reno said he feels uncomfortable dealing with this policy for one project. The Council needs to sit down and talk about all the fee waivers. Councilman Peters agreed he does not want to discuss this on an ad hoc basis. Councilwoman Richards moved to adopt Ordinance #18, Series of 1992, amending the approvals to require a retaining wall built the length of the protective area behind lot 1. Motion DIES for lack of a second. Councilman Reno moved to adopt Ordinance #18, Series of 1992, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Richards, no; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #28, SERIES OF 1992 Jed Caswall, city attorney, told Council one issue is that the state passed a law stating one cannot treat condominium ownership properties differently from similar type properties. The applicant is objecting to the requirement for deed restriction to 6 month minimum occupancy. Caswall requested additional time to research how this impacts city regulations. Councilman Peters moved to table Ordinance #28, Series of 1882; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #31, SERIES OF 1992 - Moses Subdivision Lot Line Adjustment Leslie Lamont, planning office, reminded Council this subdivision is to increase the size of lot 2 in order for the applicant to be able to build a home pursuant to the R-15 regulations. The applicant is subdividing off lots 2A and B and will deed these over to the Aspen Alps homeowners association for permanent open space. The lot line adjustment is necessary to correct a platting error where the Aspen Alps South road is platted and where it actually is. There is also a need to clear up the parking situation at the Mitchell lot. Ms. Lamont told Council she added to the ordinance in the whereas clauses a clause that Mr. Hirsch, owner of lot 2, is increasing the size of lot 2 in order to be able to build a 5,000 square foot home under the floor area regulations. Ms. Lamont said she would like to add "allowable floor area which includes exemptions allowed for in the Aspen Land Use Code". These exemptions include garage and anything below grade. Alan Richman, representing the applicant, said the group represent- 12 Regular Meeting Aspen City Council May 26, 1992 ed is Aspen Alps, Mr. Hirsch, Moses-Aspenview homesite, Mitchell Bornefeld, and Gaard Moses. Richman told Council they have tried to make this an application that works for the city and for the applicants. This works for the Alps because it will protect some important open space and puts their road and parking under their ownership. Hirsch has requested a minor expansion of the FAR for his house in exchange for deed restricting 4 acres of land to open space. Mitchell has a discrepancy in his parking. Moses gets a better set back and access. Richman told Council at the P & Z public hearing, two neighbors showed up to support the project. P & Z recommended in favor of the project and granted 8040 greenline review. Mickey Herron told Council he has agreed with Gideon Kaufman not to record the plat until the easement agreement has been signed. Herron said his client has entered into a contract to purchase 4 acres, taking a small portion of this for his lot in order to have an FAR of 5,000 square feet. Herron said staff recommends this be vested for 3 years. Herron pointed out this forces Hersch to build a house in 3 years. Herron requested this be a permanent part of the conditions. Herron said the 4 acres that will deed restrict open space are a benefit to the city and adjacent property owners. Herron asked that the client get the benefit of his bargain and not be asked to be forced to go build something right away. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Jed Caswall, city attorney, said Herron is trying to immunize these development rights from any changes in underlying zoning. FAR is established by the underlying zone district. This ordinance vests a 5,000 square foot house for 3 years. This can be protected by going out and building a 5,000 square foot house. Caswall pointed out the city is not part of this deal; it is between property owners. Council should be cautious in selecting parcels of property and allowing owners to do something forever. Ms. Lamont said the 8040 greenline P & Z reviewed a specific elevation for the property. If the city were to amend the 8040 section, this 8040 approval is vested for 3 years and immune from any changes the city may make. Ms. Moore said it is unlikely this property will be rezoned in 3 years. Caswall noted in the city's code there is a specific provision which is exempted from vesting, "zoning that is not part of the site specific development plan approved hereby shall not result in the creation of any vested property rights". Richman told Council there was a single family right and a duplex right on the larger parcel as well as the opportunity to request a 13 Regular Meeting Aspen City Council May 26, 1992 lot split. One single family plus a duplex could be built by right. Herron said the benefit to the city is 4 acres of open space with a duplex right eliminated. Councilwoman Richards said there is no question about the merit of the proposal; however, the deal may have been set on something that the city has never done before and will be setting a precedent. Herron said every development is a process of trade offs. Councilman Peters said there is clear direction from the code that what is being requested is not what the city does. Councilman Peters said this has come up at the last minute. Councilwoman Pendleton asked if vested rights can be extended after the 3 years. Caswall said these can be extended. Ms. Lamont told Council at first reading Herron requested the 5,000 square feet be vested. Ms. Lamont pointed out this was not in the ordinance at first reading but she told Council it would be added. Caswall said as he interprets the state statutes and the municipal code, there is not a site specific development in front of Council. There is a lot line adjustment, subdivision approval and the vesting of an 8040 greenline approval. Council is not approving the construction of any development. Council may only vest a site specific development plan. Caswall entered into the record a letter from an adjacent property owner objecting to this. Councilman Peters moved to adopt Ordinance #31, Series of 1992, as written; seconded by Councilwoman Richards. Councilman Reno said he does not feel Council has enough informa- tion based on the differences of opinion. Mayor Bennett agreed. Councilwoman Pendleton moved to table Ordinance #31, Series of 1992, until June 8; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #32, SERIES OF 1992 - Gooding Vested Rights GMQS Exemption Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #32, Series of 1992; seconded by Councilman Reno. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #33, SERIES OF 1992 - Mendenhall Vested Rights Mayor Bennett opened the public hearing. There were no comments. 14 Regular Meeting Aspen City Council May 26, 1992 Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #33, Series of 1992, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #35, SERIES OF 1992 - Code Amendment Office Zone Parking Councilman Peters moved to table this to June 8; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #38, SERIES OF 1992 - Temporary Use Theatre in the Park Leslie Lamont, planning office, told Council this temporary use request is to set up a theatre in the Rio Grande park to stage live performances from May 25 to September 20th. Ms. Lamont told Council live performances are a permitted use in the public zone, which the Rio Grande is. However, the Aspen Theatre Company proposes to expand their tent and increase the seats from 50 to 100, have more backstage and storage area. Because the Rio Grande has an SPA overlay, any changes need to be in compliance with a master plan. The city is currently working on a master plan and the theatre needs approval before that process will be done. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked if the city is protected for liability. Pat Fallin said the theatre company has liability insurance and they indemnify the city. Mayor Bennett requested this be reviewed by the city attorney and that the city be primary. Councilwoman Pendleton asked if this is a temporary structure. Carole Lowen- stein said the concrete footers can be broken up and moved. Councilman Peters moved to adopt Ordinance #38, Series of 1992, on second reading requiring the insurance be reviewed to the satisfac- tion of the city attorney; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Richards, yes; Reno, yes; Peters, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. REQUEST FOR FUNDS - Pioneer Park Ramona Markalunas, representing the historic trust, reminded Council the city approved a lot split for this property which would allow a 5,000 square foot home on the western portion of this lot. The neighborhood has met with the developer discussing what it would cost to not develop the property or to purchase it. Ms. Markalunas said at that time the cost was $1.2 million. Ms. 15 Regular Meeting Aspen City Council May 26, 1992 Markalunas requested the city contribute $250,000 out of sixth penny monies for the historic Pioneer park. Les Holst told Council the price is down to $800,000. Part of the agreement is this is conditioned upon the complaint between the city and Firestein being dropped. Holst said the historic value of this lot is indisputable. Holst said time is of the essence on this proposed deal. Holst pointed out if the city were to contribute $100,000, they would be getting an 8 to 1 return on their money. Amy Margerum, city manager, gave Council an update on the status of the parks and open space fund. Ms. Margerum said the fund assumes $100,000 yearly for new acquisitions and $250,000 for trails maintenance. This was funded in the long range plan. There is nothing budgeted for new operations. The report shows $1 million in cash balance in 1993. Staff is in the middle of the asset management plan and trying to identify equipment and capital projects that will occur over the next 5 years. Councilman Peters said he agrees about the value of the property; however, the public use of this park is questionable. Councilman Peters said the only way he could justify this purchase is as a highly leveraged open space acquisition where the amount is so small that the benefit becomes significant. Councilman Peters said he would like to fund $50,000 towards the purchase and ask for matching funds from the county open space board. Councilman Reno asked how many people the $370,000 of pledges represents. Ms. Markalunas said 9. Councilman Reno asked about estimates for operation of this park. Holst said it will be designated as a passive park. The operation costs would only be moving and watering. Mayor Bennett said the neighbors have volunteered to take care of the park. Ms. Markalunas said only if it is neces sary. Councilman Reno said he would like to support this because of the initiative shown by the neighbors. Councilman Peters pointed out the $250,000 that was requested is the entire trails budget for a year with much more use by the public. Ms. Markalunas said Council has talked about as a goal protecting the historic character of Aspen. Councilwoman Richards said open space is historic in nature. The price is good and the cooperation has been great. The value and reasons for buying this land are good. Councilwoman Richards said this is competing with a number of great causes. The city will need more active playing fields. Councilwoman Richards said the city is trying to get more uses out of the sixth penny. Councilwoman Richards suggested a set contribution for the next 3 years. Councilwoman Pendleton said the iron fence around the property does not make it a user friendly 16 Regular Meeting Aspen City Council May 26, 1992 park. Mayor Bennett said this is not in the main stream of town but it is open space, it is a historic spot in town, and it is a partnership with leverage from the rest of the community. Councilwoman Pendleton moved to contribute $75,000 to the Aspen historic trust to participate in the purchase of Pioneer park and that the county will come up with matching funds and that the historic trust will work out the arrangements to take care of the maintenance of Pioneer park; seconded by Councilman Reno. Councilwoman Richards said is willing to contribute more over a longer period of time. Councilman Peters said he is concerned about public access. Holst said it is important that the condi- tions reflect what the city needs out of a public park. Councilwoman Pendleton moved to amend her motion that the public use provisions come back to Council for ratification; seconded by Councilman Reno. Councilman Peters suggested the Historic trust submit a list of the types of public use that would be acceptable to the other contribu- tors, the hours the park would be open. This should be reviewed by the city's parks staff. Ms. Markalunas said this will be perpetual open space with no structures other than the existing gazebo and benches. Amy Margerum, city manager, suggested when this is purchased, it be rezoned to public. Councilwoman Pendleton moved to amend her motion to request the purchasers proceed with rezoning to public; seconded by Councilman Reno. All in favor, motion carried. Councilman Peters moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilwoman Richards. All in favor, with the exception of Councilmembers Pendleton and Reno. Motion carried. ORDINANCE #39, SERIES OF 1992 - Kraut Property rezoning Councilwoman Pendleton moved to read Ordinance #39, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #39 (Series of 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING FROM OFFICE (O) TO AFFORDABLE HOUSING (AH) LOTS E, F, G, & I, BLOCK 105, ON THE CORNER OF EAST HYMAN 17 Regular Meeting Aspen City Council May 26, 1992 AVENUE AND ORIGINAL STREET, ASPEN, COLORADO was read by the city clerk Leslie Lamont, planning office, passed out citizens letters received during the process as well as a summary of the neighbor- hood meeting held March 5th. This property is owned by the city and county and the zoning application was submitted by the housing authority. The conceptual proposal was for 100 percent affordable housing development. In subsequent reviews P & Z was concerned about 100 percent residential use of the property. This parcel is well within the city's commercial neighborhood. The site was included in the 1987 transportation plan as a potential parking garage. There is the potential to provide space for locally- oriented businesses. Staff was directed to consider amendments to the AH zone that would allow the ability to include commercial within the AH zone. These code amendments have been reviewed by P & Z and will be in front of Council soon. If this rezoning is approved, a site specific development plan with all attendant approvals will be brought to Council. George Vicenzi, adjacent property owner, pointed out this is the most sought after, strategically located piece of property and it deserves more study and deserves a staff person be assigned to determine what the alternatives are. Vicenzi said other elements, besides housing and commercial, should be part of this presenta- tion. Diane Moore, planning director, said staff has been spending a lot of time on this. There has been considerable time and effort put into this property. Mayor Bennett asked if there is any plan that looks at the neighboring properties, like in the community plan. Ms. Lamont said the community plan recommends the idea of a super-block, looking at a larger underground structure for expansion of city market, development of adjacent lots. Ms. Lamont said the idea to amend the AH zone to allow commercial uses and underground parking is with the super-block in mind. Mickey Spaulding, Coates Reid and Waldron, said their concern about the project is because this project will meet desires of employee housing and local commercial uses, it will be taken through the process without adequate consideration given to the impacts of parking and density in that area. Councilman Peters said there have been P & Z meetings on this project; the city has talked about and explored alternatives. The city has owned this property for 16 months; paid $1.25 million for the property. If this becomes housing, the city will not get interest. The last time this was tabled, it was off the table for 4 months. If the city did not own 18 Regular Meeting Aspen City Council May 26, 1992 this property, it would be funded by a private developer who would not be interested in housing, parking and commercial uses. Councilman Peters said he feels housing with adequate parking and some provisions for underground parking is appropriate for this block. Councilwoman Richards moved to adopt Ordinance #39, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Councilman Reno agreed this is a special parcel and needs to be looked at in more than just a housing element. Councilman Peters said in that case, some other entity will have to own part of the project. Ms. Lamont said there have been 6 meetings on this property and a mixed use has always been discussed. Councilwoman Richards said she does not see this rezoning as precluding any of those opportunities. Mayor Bennett said one solution would be to condominiumize the lower floor and have any businesses that buy space pay the housing office back. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #40, SERIES OF 1992 - Aspen Meadows Subdivision Councilwoman Pendleton moved to read Ordinance #40, Series of 1992; seconded by Councilman Reno. All in favor, with the exception of Councilman Peters. Motion carried. ORDINANCE #40 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE ASPEN, COLORADO, GRANTING SUBDIVISION APPROVAL CREATING TWO LOTS FROM LOT 1 OF THE ASPEN MEADOWS SUBDIVISION (NE 1/4 SECTION 12, TOWNSHIP 10- SOUTH, RANGE 85 WEST) was read by the city clerk Gideon Kaufman, representing the applicant, told Council there are some issues to be clarified between first and second reading. Councilman Peters said he disagrees with the complete premise of this application and it runs counter to the master plan process and the SPA. This is a watershed issue, whether the city will help the Institute circumvent non-profit laws when everything Council did was predicated was to allow the Institute to exist as a non-profit cultural institution. Mayor Bennett said his understanding of non-profit laws is that non-profit groups are told to split off their commercial opera- tions. Councilman Peters said during the process it was found that 19 Regular Meeting Aspen City Council May 26, 1992 commercial uses were barely acceptable if they aided the non-profit use. Councilman Peters said there were major concessions to facilitate the activities of the Institute in Aspen. Kaufman told Council there is nothing in this application that goes contrary to the concept put forward in the earlier process to allow the Institute to upgrade its facilities. Kaufman said the Institute is willing to stipulate that no sale of one portion or one lot can take place without the either. It is only for tax purposes there will be two separate lots. Mayor Bennett said if by second reading there is not a firm statement from staff that there is no chance of future people in charge of the Institute selling it off, he will not support this. If there is that guarantee, this is a bookkeeping issue. Councilman Reno moved to adopt Ordinance #40, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Richards, no; Pendleton, yes; Peters, no, Reno, yes; Mayor Bennett, yes. Motion carried. WEST HOPKINS FUNDING Jim Curtis, housing authority, told Council they have received a conditional loan commitment for the property. Council needs to set the preliminary sales prices in order to complete the construction loan and to allocate the supplemental budget. Curtis said the authority will set final sales prices prior to the lottery this fall. Curtis told Council the budget is about $100,000 lower than previously seen. A variation on alternate A is taking the two lowest one bedroom unit, $35,000 and shifting them to $55,000. This would create a subsidy for the project of $347,000 versus $425,000 seen earlier. Councilman Peters said he would like to raise the one bedroom to that in alternate B. Councilman Reno asked about the budget for project management. Curtis said this is budgeting additional services with Bill Van Nuys. Councilman Reno said the position of Dave Tolen was supposed to be project development; this may be duplicating services. Curtis said Tolen's time over the next 4 months will be consumed with other projects. The housing authority feels they need additional services from the architect and builder. Curtis asked if this will deal with the request to waive park impact fees. Councilwoman Richards said Council has decided to have a separate discussion on this, based on an earlier project. Councilman Peters moved to approve supplemental West Hopkins 20 Regular Meeting Aspen City Council May 26, 1992 funding of $267,000; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Peters moved to suspend the rules and extend the meeting for another 15 minutes; seconded by Councilman Reno. All in favor, motion carried. HOUSING AUTHORITY BUDGETS Dallas Everhart, finance director, reminded Council the housing authority is quasi-independent organization; however, their budget has to be approved by Council and the Commissioners. This is a housing authority resolution approving funds for west Hopkins. Councilman Peters moved to approve Housing Authority Resolution 92- 4; seconded by Councilwoman Richards. All in favor, motion carried. 21 Regular Meeting Aspen City Council May 26, 1992 REQUEST FOR FUNDS - Fire Station Housing Councilman Reno stepped down due to conflict of interest. Councilman Peters suggested the city approve their share of funds for development subject to some demonstration that the funds are coming from somewhere else. Amy Margerum, city manager, said this would mean the city's money for development costs be subject to the city not funding the construction. Councilman Peters said this should alert the city to whether the fire district is willing to fund this. Councilman Peters said he does not know what the city's right are to be able to follow through with this project in the absence of any fire district funding. Councilman Peters said he would like to know what the fire district's position is before the city moves forward. Councilman Peters asked if Council cares what's planned; how many units, how big they are, what income category, who gets the income from the project. This plan was brought based on the fire district's needs. Councilman Peters said the city is being asked to spend $22,000 to start on a planning process without knowing where the fire district is going. Councilwoman Richards said she would like to see the fire district work the numbers and tell the city what kind of numbers will be generated, what construction loan that will generate, what subsidy is needed, and how this will be split. Councilwoman Richards said she is willing to get the process going and is willing to give some subsidy; however, she would like more information. Mayor Bennett said he likes this project and wants to make sure the city does not send a negative message to the fire district. Mayor Bennett suggested the fire department meet with the housing authority to start flushing out some proposals. Councilwoman Richards suggested a letter of intent to fund the $22,000. Councilman Peters said he was concerned about spending $22,000 when issues have come up on utilization and participation in the project. Councilwoman Richards said there could be a letter of intent to fund the planning of the project once these issues have been resolved and there is a meeting of the minds between the fire district, city and county on participation in the project. Councilman Peters agreed. Amy Margerum, city manager, restated the city will sent a letter of intent that the city intends to fund the planning money after the city sees the results of a meeting with the housing authority to give more information on the number and type of units and the participation in the rental or sale of the units. Council agreed. 22 Regular Meeting Aspen City Council May 26, 1992 REQUEST FOR FUNDS - Mother Lode Councilman Peters said last year the city was asked to contribute money to the volleyball tournament at the last minutes based on an emergency. Council agreed this was an anomaly and these requests would be handled in the budget cycle. Leon Fell said the letter explains why he is returning for money. Fell said he will go into the budget cycle in the fall for next year's tournament, if needed. Fell said this request came about from a discussion of last year's event. The tournament asked for local support of a tournament that benefits the local community. The feeling from last year's tournament was one of the best in years being supported by the local community. Councilwoman Richards said she will support this contingent on never seeing this again out of the budget cycle. Councilwoman Richards said she feels this is as important as other events that the city given more money to. Councilwoman Richards moved to allocate $2500 out of the contingen- cy for the Mother Lodge volleyball tournament 1992; seconded by Councilwoman Pendleton. Councilman Peters said this should be listened to next to requests from human services, city department requests, open space requests. Mayor Bennett agreed this was funded very reluctantly a year ago on an emergency basis. There is no emergency this year. All in favor, with the exception of Councilman Peters and Mayor Bennett. Motion carried. ORDINANCE #37, SERIES OF 1992 - Appropriations Dallas Everhart, finance director, told Council this has been amended since first reading to include the recreation department program and several items approved at the May 20 work session, the subsidy for west Hopkins housing project was reduced to $267,000. Councilwoman Pendleton asked about the energy improvements. Everhart said $27,000 was in the budget and already approved. Council did not approve the $40,000 funding request. This will come back to Council. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Pendleton moved to adopt Ordinance #37, Series of 1992, on second reading as amended; seconded by Councilman Peters. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. 23 Regular Meeting Aspen City Council May 26, 1992 Councilwoman Richards moved to adjourn at 10:00 p.m.; seconded by Councilwoman Pendleton. All in favor, motion carried. Kathryn S. Koch, City Clerk 24 Regular Meeting Aspen City Council May 26, 1992 OUTSTANDING EMPLOYEE AWARDS 1 ................................ .... CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 2 ................................ ......... CONSENT CALENDAR 4 ................................ ............... ORDINANCE #12, SERIES OF 1992 - Aspen Winter Garden Ice Rink 4 ... SECTION M AMENDMENT 8 ................................ ............ ORDINANCE #22, SERIES OF 1992 - Code Amendment Sliding Scale FAR/AH Zone 9 ................................ ............... ORDINANCE # 18, SERIES OF 1992 - Ute Park Subdivision Final PUD 10 ................................ ....................... ORDINANCE #28, SERIES OF 1992 12 ................................ .. ORDINANCE #31, SERIES OF 1992 - Moses Subdivision Lot Line Adjustment 12 ................................ ............................... ORDINANCE #32, SERIES OF 1992 - Gooding Vested Rights GMQS Exemption 14 ................................ ................. ORDINANCE #33, SERIES OF 1992 - Mendenhall Vested Rights 14 ....... ORDINANCE #35, SERIES OF 1992 - Code Amendment Office Zone Parking 14 ................................ ................... ORDINANCE #38, SERIES OF 1992 - Temporary Use Theatre in the Park 15 ................................ ...................... REQUEST FOR FUNDS - Pioneer Park 15 ............................... ORDINANCE #39, SERIES OF 1992 - Kraut Property rezoning 17 ........ ORDINANCE #40, SERIES OF 1992 - Aspen Meadows Subdivision 19 ...... WEST HOPKINS FUNDING 20 ................................ ........... HOUSING AUTHORITY BUDGETS 20 ................................ ...... REQUEST FOR FUNDS - Fire Station Housing 21 ....................... 25 Regular Meeting Aspen City Council May 26, 1992 REQUEST FOR FUNDS - Mother Lode 22 ................................ ORDINANCE #37, SERIES OF 1992 - Appropriations 22 ................. 26