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HomeMy WebLinkAboutminutes.council.20040628Aspen City Council Regular Meeting June 28~ 2004 CITIZEN COMMENTS ............................................................................................... 2 C OUNCILMEMBER COMMENTS ............................. .' ......... i ................................ 3 CONSENT CALENDAR ............................................................................................ 4 · Resolution #61, 2004 - 455 Rio Grande Place - Restaurant Lease - The Grill Next Door ........................................................................................................................ 5 · Resolution #59, 2004 - Contract Aller-Lingle Architects Power Plant Design & Construction .................................................................................................................... 5 · Resolution #62, 2004 - Radar Trailer Purchase ..................................................... 5 RESOLUTION #58, 2004 - Burlingame Design Competition Contracts ........ 5 RESOLUTION #60, 2004 Burlingame Infrastructure Contract - Gould ..... 5 ORDINANCE #24, SERIES OF 2004 - Code Amendment Liquor Licenses ............................................................................................................................ 8 ORDINANCE #16, SERIES OF 2004 South and Gibson Subdivision ........ 8 ORDINANCE #17, SERIES OF 2004. McGarvey Subdivision ................... 12 ORDINANCE #21, SERIES OF 2004 - Little Ajax Subdivision and Zone Change ............................................................................................................................ 14 ORDINANCE #22, SERIES OF 2004 Code Amendment Prohibition on Sale of and Display of Imitation Guns ................................................................... 18 RESOLUTION #63, SERIES OF 2004 - Temporary Use ARC Bicycle Rentals ....................................................................................... . ...................................... 18 LEASE AGREEMENT ASPEN BiKE TOURS& ~NTALS AT THE REPORT ON ~REFERENDUM PETITION ON VISITORS CENTER ........ 20 Aspen City Council Regular Meetin~ June 28, 200~. Mayor Klanderud called the meeting to order at 5:00 p.m, with Councilmembers Richards, Semrau, Paulson and Torre present. CITIZEN COMMENTS 1. Trish McKenzie told Council the Peace Coalition is putting on a public forum for participatory democracy to provide access for the public to engage with one another in a place that is safe. Many topics will be discussed, community resources will be available. The Rio Grande meeting room has been booked for Thursday evenings from 7 to 9 p.m. Everyone in the community is invited. The Aspen Daily News will be covering each topic with pros and cons. The sponsors will be taking suggestions from the community on topics. Discussions of the topics will be filmed and aired by Grassroots TV. 2. Denis Murray said not only should Council have a very green project at Burlingame but they should also make it more accessible than it required. Council told Murray he should bring this up on the Burlingame Design Contracts. 3. Emzy Veazy told Council he has been working on a project to have Aspen be part of redevelopment. After that it would be economic development with economic integration. Veazy told Council he is working on a no booze nightclub that will become part of a chain. This will be a place for 18 to 20 year .old to go. Veazy said there needs to be integration of the generations.. This will be good for the community at large. 4. Toni Kronberg asked when the next Civic Master Plan task force meeting is. Chris Bendon, community development department said it is July 1 from 11 to 2 at the old Youth Center. There will be a tour of the library plaza. Ms. Kronberg asked about money to fix the Maroon Creek bridge and asked if the Maroon Creek bridge is safe. Ms. Kronberg stated fixing the Maroon Creek bridge should be a Council priority. The city has been looking at pedestrian safety and traffic flow from Aspen to the roundabout. Ms. Kronberg said she is concerned about traffic and congestion from the roundabout to the Airport Business Center. Ms. Kronberg said it is time to move forward on one component of the Entrance to Aspen there is community support to make Buttermilk a multi-modal center. There will be more traffic when Burlingame is built. Ms. Kronberg 2 Aspen City Council Regular Meeting June 28, 2004 said she would like to see all 3 mountains connected with aerial transportation. COUNCILMEMBER COMMENTS 1. Councilman Semrau asked that the city manager pass along compliments to staff that the city runs very well at full blast. Councilman Semrau complimented the police department and parks staff for doing a good job last weekend. 2. Councilwoman Richards agreed with Semrau's comments. Councilwoman Richards thanked Jazz Aspen for putting on a great event. Councilwoman Richards noted she appreciates the parks department working to keep the Rio Grande field in good shape. 3. Mayor Klanderud added her compliments to the city staff that knocked themselves out of the last two weekends, Food & Wine and Jazz Aspen. Mayor Klanderud it is nice to see people who do their jobs well and to see them in action. 4. Mayor Klanderud showed Council NEPSA, an anthology of high school students' writings put together with the help of Aspen Writer's Foundation. Mayor Klanderud said this is one of the activities paid for with city of Aspen grant monev. 5. Mayor Klanderud asked if there is a motion to reconsider the action taken at the last meeting on the continuation of the Chart House. Councilwoman Richards moved to reconsider the continuation of the Chart House; seconded by Councilman Paulson. Mayor Klanderud said her concern is that P&Z forwarded this to Council with fairly vague conditions. If this is continued and Council approves an amended application and then it goes back to P&Z for GMQS scoring, P&Z may not like what has been sent back to them. Mayor Klanderud said remanding the conceptual application to P&Z seems like it would expedite the process. Stan Clauson, representing the Chart House, said the applicants have tried to be responsive to the issues raised by Council and by staff. P&Z recommended in favor of the project with further study on bulk, massing, height and setback. Clauson said the applicants told Council they heard their Aspen City Council Regular Meeting June 28, 2004 concerns and had given them good direction. The applicants have been moving forward with changes to increase the setback with Southpoint, to reduce the height and to reduce the number of units in a manner consistent with P&Z and Council approval. Clauson said they would like to be able to move forward in a timely fashion, All in favor, with the exception of Councilman Semrau. Motion carried. Councilwoman Richards moved to remand the Chart House conceptual to P&Z; seconded by Councilman Paulson. Mayor Klanderud said this application came in pushing the envelop as far as it possibly could. Mayor Klanderud said she is concerned Council was in the position of a pre-application conference to let the applicant know what might be acceptable. Mayor Klanderud said it would be more appropriate to have P&Z do that work. Councilwoman Richards agreed there are times when it is best to go slow in order to go fast. Councilwoman Richards said she would like to see more specificity from P&Z and the project will proceed better if the applicant answers questions in front of P&Z. Councilman Semrau requested staff do what they can to have this move quickly through P&Z. All in favor, motion carried. 6. Steve Barwick, city manager, requested, an executive session at the end of the meeting to discuss land purchase and to receive advice from counsel. CONSENT CALENDAR Mayor Klanderud requested that Resolution #58, 2004 - Burlingame Design Competition Contracts and Resolution #60, 2004 - Burlingame Infrastructure Contract - Gould be pulled from the consent calendar Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Semrau. The consent calendar is: 4 Aspen City Council Regular Meeting June 28, 2004 · Resolution #61, 2004 - 455 Rio Grande Place - Restaurant Lease The Grill Next Door · Resolution #59, 2004 - Contract Aller-Lingle Architects Power Plant Design & Construction · Resolution #62, 2004 Radar Trailer Purchase All in favor, motion carried. RESOLUTION #58~ 2004 - Burlingame Design Competition Contracts Mayor Klanderud noted questions have come up about members of these design teams having either actual or potential conflicts of interest. Michelle Bonfils, asset management, said every knows who everyone else is on the 5 design teams. Ms. Bonfils said it was clear in the RFP who has been in involved in what aspects of Burlingame. John Worcester, city attorney, stated it is difficult to know everyone's financial interest on every design team. Worcester said every contractor has an obligation to refrain from doing certain things that are outlined in the city's ethics code. Mayor Klanderud said she would feel more comfortable having everyone make these disclosures before the contracts are signed. Councilman Semrau agreed it is important to him there is full disclosure from everyone participating. Denis Murray pointed out Council has committed to being innovative in green design and green building but they have left out accessibility issues. Murray said a lot of plans he has been reviewing in the building department have little or no accessibility. Murray suggested Council go for more accessibility in the Burlingame project from the start so it can be designed and built that way. This can be important to everyone; it is about good design to get people in and out. Councilman Semrau moved to approve Resolution #58, Series of 2004; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #60, 2004 - Burlingame Infrastructure Contract Gould Aspen City Council Regular Meeting June 28, 2004 Councilwoman Richards moved to approve Resolution #60, Series of 2004; seconded by Councilman Semrau. Dwight Shellman said this contract goes beyond planning. Shellman and Joe Edwards have a statement dealing with the project and "until you have a properly defined project and precise cost on the project, we do not think that it is good public policy to commit taxpayer resources to infrastructure investment in the project site". Shellman noted the projections are for between $10 and $22 million in loses, which will be borne by the taxpayers. Shellman said it is not appropriate to make infrastructure investments until all costs are known. Shellman urged Council this should be taken to the electorate when all costs are known. The city should not go forward and cross an irretrievable point without public input. Councilwoman Richards noted there was a long public hearing in December 2003 and these comments should have been presented then. Councilwoman Richards pointed out this project was voted on in August 2000. Councilwoman Richards said misrepresentations have been made related to the Zoline family and what they received in this arrangement. Councilwoman Richards stated the Zolines could buy TDRs and develop their property at one large house/acre and the community would get no affordable housing. Joe Edwards said Council is making a big mistake if they proceed with this. The Burlingame project may wind up in a referendum or litigation and the city should not be letting contracts when they do not know the end design of the project. Edwards stated there are two financial analyses;, one scenario shows a loss of $22 million, which will have to be subsidized by the public. Edwards said the COWOP proposal would barely meet the' 70/30 requirement and pay the cost of Zolines' affordable housing, this is a $3 million, taxpayer loss. Edwards said there is no final design yet and this contract is premature. Putting money into Burlingame now will prejudice the voters' ability to judge the project. Edwards said there are undisclosed direct and indirect costs. Edwards Said there are benefits to the Zolines that no one has considered. Councilman Semrau asked the scope of this particular contract. Ben Ludlow, asset management, said the scope of work includes an extension of the work started last year on old Stage Road connecting it to the MAA housing through the new westerly alignment behind the Soldners' property 6 Aspen City Council Regular Meeting June 28, 2004 to the edge of Burlingame village. This includes a road, bike path, landscaping and a rock wall. This contract also includes the waterline from the intersection of Harmony and Stage roads. Councilman Semrau asked about gas and electric utilities. Ludlow said there are other issues; Holy Cross has a basic service contract of about $77,000 that has not been signed. Councilman Semrau said this cost of $2.2 million Seems to be far less than the estimate of $6.5 million. Michelle Bonfils, asset management, said there will be fees for the other utility contracts up to $300,000. Mayor Klanderud said this is significant and she does not want any surprises. Ludlow told Council they received 3 bids, and the engineer's estimate was less than the original estimate. Ms. Bonfils pointed out a large cost saving is limiting the number of MSC walls, the retaining walls, along the road. Councilman Semrau asked about performance completion date. Ms. Bonfils said that date is May 31, 2005 with a penalty of $1500/day if they do not meet that date. Mayor Klanderud asked about sidewalk, curb and gutter and noted this area should not become too urbanized. Ludlow said there will be a combination bike path/pedestrian sidewalk separated from the roadway by green belt. Mayor Klanderud said she has trouble installing curb and gutter everywhere. Ludlow said in most places it is only on one side of the street. Councilman Paulson said he is concerned that these two contracts were put on the consent agenda and there seem to be a lot of issues about them. Councilman Paulson said if this was a private developer, everything should be spelled out. The city should be knowing exactly what they are getting. Councilman Paulson said he would like to have this continued until Council can find out exactly what this contract entails. Mayor Klanderud asked about the availability of asphalt late in the season. Ludlow said they plan on having all the paving to the existing residential areas complete this season. The rest of the asphalt will be done in the spring. Councilman Semrau pointed out there is an enforceable agreement to run infrastructure to the Zoline property. Councilman Semrau said he feels it is time to move forward on this project. Many of the points have been discussed in public hearings. Councilwoman Richards said the timeline is important, not onlv items like the paving contract, but providing housing for local homeowners. Interest rates are going up and this project will be on the wrong side of that curve. Councilwoman Richards said not only was Buflingame voted on in August 2000 but also in May 2001, the electorate voted to renew the affordable housing real estate transfer tax. 7 Aspen City Council Regular Meeting June 28~ 2004 Councilwoman Richards said at that time, opponents to Burlingame discussed a land trade with Tom Moore to put the affordable housing there. This did not materialize. All in favor, with the exception of Councilman Paulson and Mayor Klanderud. Motion carried ORDINANCE #24~ SERIES OF 2004 - Code Amendment Liquor Licenses Councilman Semrau moved to read Ordinance #24, Series of 2004; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 24, SERIES OF 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, PERMiTTING'RE'TAiL LIQUOR STORES AND LIQOOR- LICENSED DRUGSTORES, FOLLOWING RECEIPT OF AN APPROVED APPLICATION, TO CONDUCT TASTINGS, ESTABLISHING A FEE FOR THE PERMIT, AND ALLOWING HOTEL OR RESTAURANT LICENSEES TO PERMIT CUSTOMERS TO RESEAL AND REMOVE OPEN VINOUS LIQUOR CONTAINERS FROM THE LICENSED PREMISES Was read by the city clerk Councilman Torre moved to adopt Ordinance #24, Series of 2004, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Richards, yes; Torre, yes; Paulson, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #16, SERIES OF 2004 - South and Gibson Subdivision Scott Woodford, community development department, told Council the applicant is requesting.subdivision of a 21,000 square foot lot at the comer of South and Gibson into 6,859 and 15,079 square foot lots. After subdivision approval, the applicants could build a single family dwelling on the smaller lot and could build a duplex or two single-family residences on the larger lot. This is located in the R-6 zone; the FAR on the smaller lot would be 3300 square feet and 4,024 on the larger lot or 2020 square feet on Aspen Ci,ty Council Regular Meeting June 28, 2004 each side of a duplex. Each house will need to meet the residential design standards. The engineering department commented access can come off either South or Gibson; however, the driveway should be as far back as possible from the busy intersection. The engineering department requires a hammerhead turnaround so the cars will be able to head into the street going forward. There is a requirement not to have anything higher than 30 inches at the apex of the triangle at South and Gibson. The applicant proposes a sidewalk, curb and gutter along Gibson. The city requests a sidewalk be constructed on the South street side as well. The applicant has not agreed to this. Woodford pointed out the area on the north along South street was subject to a settlement agreement between the city and the previous owner, that the owner gave quiet title to a portion of land to the city so that the street would be located within the right-of-way and the applicant could use that portion for FAR purposes. Woodford said staff feels with this request for subdivision, the city sidewalk plan calls for sidewalks and the applicant should provide that sidewalk. Woodford told Council this request complies with all the subdivision criteria. There was a request for a GMQS exemption, which is a community development director approval, upon meeting certain criteria. The criterion is that they will provide either an ADU or pay the fee-in-lieu. Woodford noted the requirement about the superfund site and although this area has been removed from the superfund listing, they must still comply with conditions of Ordinance 25, 1994, to do soil testing. If there are no contaminated soils, there are no further requirements. If there are contaminates, they must follow the protocol. There is an overhead diesel fuel tank storage on '.site. Woodford passed out an ordinance with amended conditions. Mitch Haas, representing the applicant, told Council they would like to discuss the requirement for a sidewalk on South Avenue and the requirement for an easement on the plat. Haas noted in condition #3 there is a requirement that the plat show an easement for the existing residence to stav in place until the two lots are developed. Haas said he is fine with addressing the existing house but does not want to call it an easement. Haas said this house would be too close to a lot line for redevelopment. The plat note could state the house will be demolished prior to development of either lot. The new development will comply with all dimensional requirements. Woodford told Council staff's policy is not to require houses to be Aspen City Council Regular Meeting June 28~ 2004 demolished. The issue is how to handle the fact that the existing house will be too close to the lot line. Woodford said a plat note would be acceptable to staff. Haas told Council their concern over the requirement for a sidewalk is that that land was given to the city and the agreement was if they wanted to build a sidewalk, they could. Haas said it should not be incumbent on the applicants to build this sidewalk. Haas pointed out to put a sidewalk along South street, they would have to remove about 25 mature Aspen trees. The sidewalk will dead end at the end of this property without a connection to the sidewalk to the east. Haas stated this sidewalk is not needed. There is a sidewalk on the other side of South street. Haas told Council the applicants would be willing to join an improvement d/strict for any future sidewalks. Councilwoman Richards asked about the overhead lines and is the developer planning on undergrounding. Haas said they will coordinate any work with Smuggler Mobile Home Park. They are interested in pursUing the project; however, his client does not needs those lines for service. There is an electric vault located on their property~ Woodford told Council the new houses will not be taking their power from the overhead lines so staff felt they could not require the applicant to participant in the underground project. Mayor Klanderud opened the public hearing. Mark Hesselschwerdt, president Smuggler Homeowners Association, told Council they have been working on undergrounding in Smuggler. The overhead line comes across the subject property and everyone will need to work together to get this undergrounded. Hesselschwerdt said the proposal is Smuggler and this applicant will split the 50% ofundergrounding. Hesselschwerdt said there is a concern about putting 3 units where one used to be. There is also concern that the applicants are receiving FAR that does not reflect the size of the lot. Patti Clapper, Smuggler resident, told Council city staff has been very helpful in addressing the majority of concerns. The neighborhood supports underground/ng and perhaps Council can provide some incentives to the landowner for this project. Robert Zupancis, property owner across the street, asked What off street parking concerns have been solved. Woodford said the condition addresses parking during construction as there is no on-site parking in this area. 10 Aspen City Council Regular Meeting June 28, 2004 Woodford noted this is addressed as a condition so the applicants will be prepared. Zupancis pointed out there is no on street parking along Gibson or South streets. Race and Walnut streets have no parking. Zupancis said he is concerned about these large houses and where all the cars will park. Zupancis said when there are parties, there will be no place for cars. The parking in this neighborhood has not been addressed. Zupancis said he does not feel a sidewalk on South street is needed. Tom Marshall said there should be reasons for changing lots in subdivisions. Neighbors have no input to what is getting built in their neighborhood. Marshall said the hearing notices do not explain the implications of changing lots to subdivisions. Hesselschwerdt agreed a sidewalk is not needed on South street. Hesselschwerdt agreed that chopping up large lots and allowing maximum build out is disconcerting. Loren Ryerson, chief of police, recommended a sidewalk go around the comer of Gibson and a crosswalk go to the north even if it doesn't go up South. Ryerson concurred a sidewalk along South is not necessary. Ryerson noted the lighting in this area has been a concern. Ryerson asked that the developers not fight with increased lighting Mayor Klandemd closed the public hearing. Haas stated the maximum build out of this property under zoning is 3 lots. The property is 22,000 square feet located in an R-6 zone, which would allow three 6,000 square foot lots. Haas said the city decided what the appropriate density was when they zoned this area. Haas said this is full subdivision, not subdivision exemption. Haas noted there are dimensional requirements and residential design standards with which they will comply or they will have public hearings on variances from these. Haas said wrapping the sidewalk around the comer would be a good solution and would eliminate the need for a sidewalk along South street. Haas said this project will meet the city's on-site parking requirements. Haas told CounCil the building orientation on site is not known; this will depend on where the access is. Councilwoman Richards said she would be willing to forego the sidewalk; however, would like the city to retain an easement to put a sidewalk on South street in the future. Councilwoman Richards ~said she is concerned about two different driveways. The lots should be laid out so that they can share a common driveway. This is a high traffic area and one driveway 11 Aspen City Council Regular Meeting June 28, 2004' coming out onto the street is preferable. Councilwoman R/chards noted at the Mocklin subdivision, only one driveway was allowed. Councilwoman Richards said the allowable house sizes in the city may be too big. Councilman Semrau pointed out the neighbors do not think a sidewalk is warranted in this area. Councilman Paulson asked if this area is within the sidewalk master plan. Councilman Paulson said he has problems putting more sidewalks in than are necessary. MaY°r Klandemd agreed sidewalks that dead end are not only annoying but are dangerous. Councilman Semrau moved to adopt Ordinance #16, Series of 2004, changing condition #4 to indicate that a common driveway to lot 1 and 2 must be provided to South street; that condition #5 is amended to state the applicant shall construct a sidewalk on Gibson including a wrap around the comer and that "the applicant sign an agreement for future sidewalk installations on South street at the sole discretion of the city"; seconded by Councilwoman Richards. Councilman Paulson asked if this fits within the sidewalk master plan and what Council discussed last year. Councilman Paulson said his recollection is that Council agreed the sidewalks were complete in this area. Councilwoman Richards reiterated is it important for safety to have one egress. Councilman Semrau noted when subdivisions are approved, curb cuts are minimized. The city is sensitive to driveways and to safety. Haas said in the subdivision process, an applicant can retain their existing rights within reason, They have rights to two driveways for two dwelling units. Haas said he would forego a third driveway; however, they have a right to two driveways. The applicants have agreed to a site triangle at the intersection and have agreed to a hammerhead turnaround on site. Worcester read from the subdivision standards noting that the city need not approve a subdivision that would be harmful to the health, safety or welfare of the residents of the subdivision and Council may require a single driveway or may deny the subdivision Roll call vote; Councilmembers Semrau, yes; Paulson, no; Richards, yes; Torre, no; Mayor Klanderud, yes. Motion carried. ORDINANCE #17~ SERIES OF 200a - McGarvey Subdivision 12 Aspen Ci.ty Council Regular Meeting June 28, 2004 Scott Woodford, community development department, told Council this parcel is 13,500 square feet and the request is to divide it into two 7500 square foot lots.. The parcel, located at 433 West Bleeker, is in the R-6 zone, which requires a minimum lot size of 6,000 square feet. Woodford said the way the lots are sized, only one building per lot can be built. Woodford pointed out access will be completely off the alley. Either an ADU or payment-in-lieu will be required for affordable housing mitigation. Woodford stated this is in a no sidewalk zone. The applicants have requested a GMQS exemption for construction 6f a single family dwelling. The house will be comply with the residential design standards. Mitch Haas, representing the applicant, pointed out they have volunteered to eliminate the curb cut on the side street and to replace it with alley access. The property owners next door are okay with this proposal. Haas noted this is the same development pattern throughout the west end and the lots will not allow anything more than a single family residence. The applicants have agreed to retain trees in the right-of-way. Haas told Council the existing house will remain until the client has decided to redevelop the property. Woodford pointed out P&Z put a condition of approval that there will be no further resubdivision of the property. Woodford noted changes in condition #2 to state provide a plat note to reiterate the fact that the existing house need not be demolished to accommodate the newly created boundaries and encroachments into the side yard setback can exist only for the life of the original structure. Councilwoman Richards asked about affordable housing mitigation. Woodford said condition 1 (i) outlines that either one ADU/lot or payment- in-lieu would be required. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards said for future discussions, she would like to know how many more lots can be subdivided like this. Councilwoman Richards asked if the city really gets littler house sizes or with the bonuses are the 2 houses larger than one house. Councilwoman Richards moved to adopt Ordinance #17, Series of 2004, on second reading with the change in condition #2 and 1 (i); seconded by 13 Aspen Ci,ty Council Regular Meetin~ June 28, 2004 Councilman Torre. Roll call vote; Councilmembers Torre, yes; Paulson, yes; Semrau, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #21, SERIES OF 2004 - Little Ajax Subdivision and zone Change Joyce Allgaier, community development department, told Council the zone change is to R-15. Ms. Allgaier outlined where the property is, the city boundary, and the proposed 3 lots. There was an application several years ago for a free market, affordable housing mixed project. At Council's direction, the applicant redesigned this as 100% affordable housing. An annexation petition has been filed with the this. This is phase I of a two- phase process, which was outlined in a pre-annexation agreement between the city and the applicant. Phase I is to create a 3 lot subdivision with lot 3 being set aside for conservation purposes. The city has an option to purchase lot 3. This sets out the lot layout in order to bifurcate lot 3 for open space purchase.' Phase II is affordable housing. There is no application for this component; however, it will be located on.lots 1 and 2. Ms. Allgaier said a PUD is necessary because lots 1 and 2 along West Hopkins will not meet the minimum lot size of 15,000 square feet. The proposed lot sizes are 14,000 and 12,590 square feet. At first reading Council asked for the.linkage between this subdivision and the potential affordable housing. The pre- annexation agreement has been submitted for Council's review. Ms. Allgaier noted within 3 months of filing the final documents on this subdivision, the pre-annexation states the applicants must file the affordable housing application. Ms. Allgaier said this would allow for 3 single-family residential units with an ADU or payment-in-lieu for affordable housing mitigation. P&Z reviewed this and recommended in favor of the application. P&Z commented that the housing could be more clustered closer to Hopkins rather than spread over 3 lots. P&Z agreed this land was suitable for subdivision. Ms. Allgaier said there are 4 apparent environmental hazards with this site. These are unprocessed rock mine waste and potential subsidence, caving in of the land. Another is rock fall from the steepness of the slopes exacerbated by any cutting for houses on site. There is a potential for an old septic 14 Aspen City Council Regular Meetin~ June 28, 2004 system to be found on site. There is a condition to handle this septic tank, if found, in accordance with the environmental health standards. Ms. Allgaier told Council all these issues have been studied extensively by the applicant who has prepared a report, by the state geological service, and by city staff. This ordinance includes conditions to restrict certain development. Three single family houses will have a far lower impact than the previous proposal. Ms. Allgaier pointed out a primitive trail on the upper portions of lot 3. A portion of the Midland trail cuts through the property. There is an easement to connect a thoroughfare trail through the property. As part of the pre- annexation agreement, the city agreed not to require a specific easement on this property at this time. Staff has asked the applicant to show that the trail desired by staff can be contained within lot 3. Condition #3 states that if the city finds the desired trail alignment cannot be accommodated solely on lot 3, that the applicants give the city an easement on lot 1 or 2. Access to lot 1 will be by a new curb cut off Hopkins. The conditions require lot 3 share that access with an easement benefiting lot 3. Lot 2 will have a separate access. The applicants will be required to install curb, gutter and sidewalk. Ms. Allgaier said staff feels there is benefit in allowing the smaller than required lot sizes as it allows lot 3 to be slightly larger and to accommodate the trail easement. The R-15 zoning is consistent with the neighborhood and what the land is zoned in the county. If this were to contain 3 single family houses, the FAR would be 4400 square feet on lot 1; 4300 square feet on lot 2 and 5200 square feet on lot 3. Staff recommends approval of this subdivision with conditions. M s. Allgaier said if the annexation does not go through, this subdivision will be null and void. Councilman Paulson asked what would be allowed in the county. Joe Wells, representing the applicant, reminded Council an analysis was done by staff a year ago. The analysis concludes the parcels will yield the least amount of floor area if no annexation occurs due to the fact duplexes are prohibited within the county R-15 zone. If the land were to remain in the county about 11,000 square feet on 3 lots could be built. Wells said the applicants have conceded that none of the lots will be developed with duplexes. Wells noted under city zoning, 14,000 square feet would be allowed, before slope reduction. Charlie Kaplan, applicant, said phase I is fairly simple in a complicated chain of events. Kaplan said approval of phase I creates 3 lots and creates 15 Aspen City Council Regular Meeting June 28, 200A an option for the city to purchase the conservation easement on lot 3 and fee title in the future. This allows the city to pursue its goals of open space and trails. Kaplan told Council he is meeting with the Aspen Valley Land Trust on this conservation easement. This phase creates 3 lots and by creating a development right on lot 3, creates value for lot 3, which helps the applicants' pro forma and the offering price for lot 3. Kaplan said the applicants have been working on the affordable housing project and are several weeks away from submitting a proposal. Mayor Klanderud opened the public hearing. Fonda Patterson, adjacent property owner, said they have no objection to the R-15 zoning or the creation of 3 lots. Ms. Patterson said they would request a connection from the Midland trail through this property down to Fifth. Ms. Patterson said this is a very popular trail link for starting or exiting the Midland trail. Ms. Patterson noted this is the correct time to secure this trail link. This could be part of the easement for lot 3 over lot 1. From Fourth to Fifth is a beautiful section of the Midland trail. Wells told Council the parks department is building a trail within the right-of-way on Fourth street north to Hopkins and down Hopkins to Seventh. Wells said if the city acquires the conservation easement, there will be a second trail extending along the Midland trail. Wells said providing a second access at Fifth between the Midland trail and Hopkins would be redundant and impacts the affordable housing Project. Ms. Patterson said she feels a link to Fifth is not redundant. Ms. Patterson said this is a great asset and this is the chance to secure it permanently. Ms. Patterson noted this is a much more gradual apProach to the Midland trail. Ms. Patterson said the other issue is how this will blend with Aspen's historic tradition of the structured urban grid. Ms. Patterson said part of this is the Original Aspen Townsite line. Ms. Patterson requested they create a buffer between these irregular shapes and the traditional grid. Donna Fisher agreed keeping the trail access to Fifth is very important. If there is an affordable housing project, it makes access even more important. Toni Kronberg stated she supports the annexation and subdivision and supports the link to Fifth street. This is an easy and safe trail and a natural transition off Fifth street. Martha Madsen suggested coordination with the parks department so Council can see what is proposed and what might be available. 16 Aspen City, Council Regular Meeting June 28, 2004 Mayor Klanderud closed the public hearing. Kaplan pointed out this project shares a boundary with the Patterson and perhaps they could share the requirement for a trail. Ms. Patterson said they do not have vacated Fifth Avenue on their property. Kaplan said if Council is interested in this, the trail should be a temporary easement and when the trail is linked on lot 3, the easement would then be vacated. Kaplan pointed out in the affordable housing proposal, there will be linkages to Hopkins. Kaplan said the trail behind lots 1 and 2 is designed to provide a buffer. Councilman Semrau asked if the Pattersons could give property along their property line for a trail. Ms. Patterson said.they have no land to spare. Councilwoman Richards said this is a first step and suggested when Council reviews the annexation or the affordable housing project, they could see the overall master plan for trails in this area and see if there is any potential for squeezing an easement between the two parcels or on the side yard setbacks. This could be a less than standard width trail. Wells reiterated they would offer a temporary connection in the event the affordable housing is not approved. Wells said when the city has the right to continue the Midland trail further west, a connection between Hopkins on Fifth would not be needed. Council agreed that would be acceptable. Councilwoman Richards noted the pre-annexation agreement discusses the purchase price of lot 3 for the city, after two appraisals' have been obtained. Councilwoman Richards said the 6 months to exercise the conservation easement right starts when this is recorded. Councilwoman Richards said when during that 6 months will be the city a purchase price and would it be acceptable to have 6 months after the 2 appraisals are delivered to the city. Kaplan said that would be fine with him. Worcester said he would amend the pre-annexation agreement. Wells noted the applicants need to be able to create the value of that lot which will drive the purchase price and determine the tax credit. Councilman Semrau moved to adopt Ordinance #21, Series of 2004, on second reading adding a condition to state a non-motorized recreation trail easement be dedicated to the city until such time as the Midland trail goes to 7th street; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Semrau, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. 17 Aspen City Council Regular Meeting June 28, 2004 Councilwoman Richards moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Torre. All in favor, with the exception of Councilman Semrau. Motion carried ORDINANCE #22, SERIES OF 2004 -Code Amendment Prohibiti°n on Sale of and Display of Imitation Guns Loren Ryerson, chief of police, gave Council a book of examples and staff stics. Ryerson stated there have been 70 incidences relating to imitation guns in the last 8 years in Aspen. These incidences included the use of lethal force. Ryerson told Council it is difficult for law enforcement officers to discern in a split second the difference between a real gun and a toy gun. Ryerson said the point is to give this.public awareness and for parents to keep these toys guns in the condition in which they were sold. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Paulson asked if the city wanted to hold a biathlon including guns would that be prohibited. Ryerson said it would not. Ryerson told Council the police department will be conducting outreach and education throughout the community and will discuss this prohibition with vendors. Councilman Paulson moved to adopt Ordinance #22, Series of 2004, on second reading; seconded by'Councilman Torre. Roll call vote; Councilmembers Richards, yes; Semrau, yes; Paulson, yes; Torre; yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #63, SERIES OF 2004 - Temporary Use ARC Bicycle Rentals James Lindt, community development department, told Council this application was submitted by the city parks and recreation department and the Aspen Bicycle Tours. This application requests approval to rent out bicycles at the ARC parking 10t for the summer only. The operator will have 10 to 20 bicycles, various sizes and types, depending on the demand. The bicycles will be under a canopy in the parking lot and be stored underneath the ARC entry at night. Lindt stated staff believes this is consistent with the recreation site and with the recreation goals of the AACP. Lindt told 18 Aspen City Council Regular Meeting June 28, 2004 Council the parking lot has not been full except when there are special events. One condition of approval is that this meets the city sign code. Mayor Klanderud opened the public hearing. Toni Kronberg asked if this is to help decrease the deficit at the ARC or to add more amenities. Tim Anderson, recreation director, said the purpose is to add more recreational oppommities. Ms. Kronberg asked what type of bicycles will be available. The applicant said he will have a hybrid mountain/road bike, kids bikes, trailers and bufleys available. Ms. Kronberg said the shoulders on Maroon Creek road should be widened to make bicycle travel safer. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Resolution #63, Series of 2004; seconded by Councilman Semrau. Mayor Klanderud read into the record a letter from Ralph Woodward opposing this use. Councilman Paulson suggested that' the operator provide maps showing the bicycles routes and trails. Councilman Torre said he has some concern about competing with bUsinesses in town. Councilman Torre suggested people who rent bicycles are able to turn them in town or rent them in town and turn them back at the ARC. Ed agreed. All in favor, motion carried. LEASE AGREEMENT ASPEN BIKE TOURS & RENTALS AT THE ARC Councilwoman Richards moved to approve the lease agreement with Aspen Bike Tours; seconded by Councilman Paulson. Councilwoman Richards agreed it is important to provide trailers, helmets, bus schedules and point out there is transportation to the ARC with 5 buses an hour. All in favor, motion carried. 19 Aspen City Council Regular Meeting Jun e 28, 2004 REPORT ON REFERENDUM PETITION ON ViS. ORS CENTER City Clerk Kathryn Koch reported no protest had been filed by the deadline, today at 5 p.m. The referendum contains sufficient signatures of over 491 city-registered voters. Cotmcil need take no action. At the next Council meeting, staff will present a resolution calling for a special election or a resolution repealing Ordinance #4, Series of 2004. Councilman Paulson moved to go into executive session at 9:45 p.m. pursuant to C.R.S. 24-6-402(4)(a) and (b) discussion of acquisition of property, the purchase of Smuggler Mountain, and advice from counsel on the Kinder Morgan natural gas litigation; seconded by Councilman Torre. All in favor, motion carried. Councilman Semrau moved to come out of executive session at 10 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman Semrau moved to adjourn at 10 p.m.; seconded by Councilman Torre. All in favor, motion carded. '- ' ~~Koch, City Cler~ ' 20