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HomeMy WebLinkAboutminutes.council.20051011Regular Meetin~ Aspen City Council October 11, 2005 GREEN TREE AWARDS .................................................................................................. 2 PROCLAMATION Bergman Trail ................................................................................. 2 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 3 · Resolution #78, 2005 -Maintenance Contract Timberline Telemetry Control System ............................................................................................................................. 3 · Resolution #79, 2005 - Maintenance Contract - Ruedi Hydroelectric Plant ......... 3 · Resolution #80, 2005 - Contract - Effluent Holding Pond Liner Installation ....... 3 December 12 ....................................................... 3 · December Council Meetings - th ,' Minutes - September 19, 26, 2005 ......................................................................... 3 FiRST READiNG OF ORDiNANCES .............................................................................. 3 · Ordinance #44, 2005 - Wagar Annexation ............................................................. 3 · Ordinance #43, 2005 Wagar Subdivision/PUD Amendment/Rezoning .............. 3 ORDiNANCE #37, 2005 - Code Amendment Historic Preservation FAR Bonus ............ 4 ORDiNANCE #38, SERIES OF 2005 - Snyder Affordable Housing PUD Amendment .. 6 ORDINANCE #39, SERIES OF 2005 - ARC PUD Amendment - Aspen Junior Hockey8 RESOLUTION #81, SERIES OF 2005 - Junior Hockey Lease and MOU ....................... 9 ORDINANCE #40, SERIES OF 2005 - Aspen Historical Society Lot Split TDRs ........ 10 RESOLUTION #74, SERIES OF 2005 - Lease for Verizon Cell Tower ........................ 12 RESOLUTION #82, SERIES OF 2005 - Amendment to Mona Frost Approval for Paved Accessway ......................................................................................................................... 14 Regular Meeting Aspen City Council October 11~ 2005 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers DeVilbiss, Johnson, Torre and Richards present. GREEN TREE AWARDS Sarah Laverty, environmental health department, told Council the Green Tree award recognizes businesses that limit their environmental impacts. The city environmental health department and green team are celebrating Sandy's Office Supply for their business practices of recycling, giving employees bus passes, having a hybrid delivery vehicle, returning cardboard to the suppliers and acting as a drop offpoint for recycling toner cartridges. Ms. Laverty presented the award and one-day ARC passes for all Sandy's employees to Mike Husaluk of Sandy's Office Supply. Husaluk thanked the city and stated he is proud his business was selected for this award. PROCLAMATION - Bergman Trail Mayor Klanderud read a proclamation recognizing Katie and Carl Bergman's work in preserving Aspen's history, especially at the Holden/Marolt ranching and mining exhibit. The Mayor, Council and city honored the Bergmans by naming the interpretative trail through the Holden/Marolt property "Bergman Trail". CITIZEN COMMENTS 1. Toni Kronberg thanked Council for temporarily relocating the recycle center. Ms. Kronberg told Council the BOCC has been discussing their recycle program and the possibilities of adding up to $1 million to do more at the landfill. Ms. Kronberg said the county would like to meet with the city to discuss single stream recycling. Ms. Kronberg asked the Council to consider leaving the recycle center where it is on the Rio Grande next to Mill street. 2. Bill Wiener asked if during construction in alleys and streets PVC pipe for fiber optics is being installed. Wiener said it is silly to disguise a cell phone tower as a tree. COUNCILMEMBER COMMENTS 1. Councilman Torre reminded everyone this weekend is Aspen High School homecoming and urged everyone to attend the football game Saturday at 1 p.m. 2. Councilman DeVilbiss stated he was quoted in the newspaper as saying Aspen's economy was on the road to perdition. Councilman DeVilbiss said what he said was that the national economy is in a parlous state, not Aspen's economy. 3. Loren Ryerson, chief of police, urged people to use alternative transportation or to carpool to the homecoming events at the high school. 2 Regular Meeting Aspen City Council October lit 2005 4. Steve Barwick, city manager, introduced Gram Slayton, new Wheeler executive director. Slayton said he is excited to work with Council and the Wheeler. 5. Phil Overeynder, utilities director, presented Council with an award from the World Wildlife Federation for Aspen's commitment to clean energy. Aspen has an agreement with WWF that makes Aspen a member in the global operation. One must make a commitment to reach a goal of 40% renewable energy sources by 2010. Aspen already uses renewable energy from wind power and from hydroelectric power. 6. Steve Barwick, city manager, announced the Burlingame plats have been completed and the building permits issued. CONSENTCALENDAR Councilman DeVilbiss asked the term of the Ruedi Hydroelectric maintenance Contract. Phil Overeynder, utilities director, said it is a 5-year contract with a 5-year renewal provision to 2010. Councilman DeVilbiss moved to approve the consent calendar; seconded by Councilman Torre. The consent calendar is: · Resolution #78, 2005 -Maintenance Contract Timberline Telemetry Control System · Resolution #79, 2005 - Maintenance Contract - Ruedi Hydroelectric Plant · Resolution #80, 2005 - Contract - Effluent Holding Pond Liner Installation · December Council Meetings - December 12th · Minutes September 19, 26,2005 All in favor, motion carried. FIRST READING OF ORDINANCES · Ordinance #44, 2005 - Wagar Annexation · Ordinance #43, 2005 - Wagar Subdivision/PUD Amendment/Rezoning Councilman Johnson stated he has a conflict of interest on the Wagar subdivision and will not be voting. Councilman Torre moved to read Ordinances #44 and 43, Series of 2005; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 44 (Series of 2005) Regular Meeting Aspen Ci~, Council October 11~ 2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "WAGAR/DETWILER SUBDIVISION" ANNEXATION. ORDiNANCE NO. 43 (SERIES OF 2005) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT AMENDMENT, SUBDIVISION, AND ZONING OF R-15 PUD FOR A PORTION OF THE PROPERTY AT 517 PARK CIRCLE, LEGALLY DESCRIBED AS THE NORTH AND SOUTH CONDOMINIUMS OF LOT 6, SUNNY PARK NORTH CONDOMiNIUMS AND PARCEL #3 SUNNY PARK NORTH CONDOMINIUMS, CITY OF ASPEN, PITKiN COUNTY, COLORADO. Councilman DeVilbiss moved to adopt Ordinances #44, and 43, Series of 2005, on first reading; seconded by Councilwoman Richards. Councilwoman Richards requested the City Council minutes from 2004 on the duplex approval. Councilwoman Richards said at that meeting Council discussed the zoning of the surrounding neighborhood and she would like that attachment or discussion. Mayor Klandemd said she would like to make sure that the Pitkin County open space that is being annexed does not need a vote. That property was part of the Molly Gibson park and Council should know whether this was part of the dedicated open space. Councilman DeVilbiss said he would like an explanation of why the front and rear yard setbacks need to be varied. Councilman DeVilbiss said he would also like to know the effect of the additional bedrooms on the school impact fee. Roll call vote; Councilmembers Torre, yes; Richards, yes; DeVilbiss, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #37~ 2005 - Code Amendment Historic Preservation FAR Bonus Amy Guthrie, community development department, told Council this is a citizen initiated code amendment. Ms. Guthrie said the city can only offer so much financial incentive but there are development incentives that the city can create to help with historic preservation. The citizen initiated suggestion was to allow an extra TDR for a historic property than contains more than one historic building. The concept is that an extra TDR might help a single property that is carrying the burden of more than one older building. Ms. Guthrie told Council there are only 7 properties with 2 historic buildings. This translates to 3500 square feet of development that could be transferred to other properties in town. Ms. Guthrie pointed out if this is extended to the 25 post World War II properties, there could be another 12,500 square feet of development transferred to a non- landmark property throughout the city. Ms. Guthrie noted that the code is amended stating only one more 500 square foot bonus would be possible through all the criteria. 4 ReRular Meeting Aspen City Council October 11, 2005 Mayor Klanderud said the floor area bonus section states in selected circumstances, the HPC may grant up to 500 square feet of additional allowable floor area, which refers to 500 square feet that would be allowed in a zone district. This is a different 500 square feet and that language is confusing. Mayor Klanderud said the criteria to be met seems confusing and should be clarified. Mayor Klanderud said from reading this section, she could not tell whether all had to be met or just one or two. Councilwoman Richards said the code language makes it seem as ifa historic lot split with only one historic structure could qualify for two 500 square foot bonuses. Ms. Guthrie agreed the intention is that the bonuses not compound and that should be clarified. Councilwoman Richards said she would like to see that language before adopting the code amendment. Councilwoman Richards said this does not say the second bonus has to be in the form of the TDR, which defeats the purpose of trying to reduce the FAR of historic structures Mayor Klanderud opened the public heating. There were no comments. Mayor Klandemd closed the public hearing. Councilman DeVilbiss moved to adopt Ordinance #37, Series of 2005, on second reading. John Worcester, city attorney, suggested the language changes be presented to Council before adoption. Councilman DeVilbiss withdrew his motion. Councilman Torre moved to continue Ordinance #37, Series of 2005, to October 24, 2005; seconded by Councilman DeVilbiss. Councilwoman Richards said it seems this ordinance has a built in creep factor that she would like analyzed. Councilwoman Richards noted the idea of historic lot split is that a whole new lot would be created. Now that does not seem to be enough of an incentive and this is a suggestion of a lot split plus 500 square feet plus 500 square feet. Councilwoman Richards stated her concern is that this extra 500 square feet going into other neighborhoods will have a negative impact on those neighborhoods and on the perception of historic preservation. Councilwoman Richards said there is not enough analysis on what this extra bonus can do to the rest of the community. Councilwoman Richards said she would like a list of how many people have taken advantage of the historic lot split in order to judge if there is need for additional bonuses. Ms. Guthrie agreed the lot split and the 500 square foot bonus are great incentives. This is trying to give those properties with two historic buildings another incentive. Councilman DeVilbiss said he would like to know who initiated this code amendment. All in favor, motion carried. Regular Meeting Aspen City Council October 11, 2005 ORDINANCE #38~ SERIES OF 2005 - Snyder Affordable Housing PUD Amendment James Lindt, community development department, told Council this request from the Snyder homeowners' association is to be able to finish the basements of 8 one-bedroom units. Lindt said Council approved this project in 1998 for 6 three-bedroom units and 9 one-bedrooms affordable housing units on the east side of Midland avenue. The one- bedrooms units were approved for slab on grade construction with no basements or crawl spaces. However, during building permit review, the building department required the one-bedroom units install crawl spaces with egress windows to meet building code. During excavation, it was found that the crawl space floors were where there was not good load bearing soils so full height basements were constructed. The homeowners' association requests permission to finish out these unfinished basements. Lindt stated staff agrees with P&Z that it is important to have expandability in affordable housing so that owners can keep their units through different life stages. This leads to long term tenancy and neighborhood cohesiveness. Lindt said originally the applicants proposed to add bedrooms to the basements. P&Z felt adding bedrooms would add people to the development, which would exacerbate the parking problems in the area. P&Z recommended the applicants be able to finish the basements without bedrooms or full bathrooms. Staff proposed no additional cooking devices be allowed in the basement. Staff also recommends that no more than 10% of the capital improvements costs could be recouped in resale in order to keep the units affordable. Sarah Broughton, representing the applicants, showed the location of the one-bedrooms units. Each unit of 750 square feet has an unfinished basement underneath of 750 square feet: These spaces are egressed. Ms. Broughton said when they applied for a building permit to finish one of the basements, it was discovered that this was not allowed. Ms. Broughton said the reasons for the expansion request are the ability to expand space as one's family expand and to allow for long term residency. Ms. Broughton said one concern at P&Z was the parking on Midland avenue. The applicants did a study to see who was using that parking and some of the parkers are residents; however, there are other people using this parking. Ms. Broughton said the compromise to was complete the basement for storage, for an office, not a bedroom and only a half bathroom. Ms. Broughton noted fuel prices are going up, the city is trying to create a cohesive downtown, and the current situation does not allow for growth or flexibility in housing. Dan Glick, representing the homeowners, told Council it is frustrating not to be able to do anything with 750 square feet underneath one's unit. Glick said the PUD does not say that homeowners can or cannot do anything. Glick pointed out the neighbors' argument is the parking issue. Glick told Council the homeowners do not plan on renting this space out. Glick said the residents want to have more square footage for guests or spouses. Glick told Council there are 15 units at Snyder Park and the residents are not interested in more people living there. Glick said this project is a model for affordable housing. Mayor Klanderud asked about egress for this basement space. Lindt said there are window wells that allow a person to walk out. There is internal access to this basement 6 Regular Meeting Aspen City Council October 11, 2005 space. Councilman Johnson asked if this floor area increase would change the category designation. Lindt said this would not change the housing category designation. Mayor Klanderud asked about the 10% capital cost recovery and whether this is consistent with the affordable housing guidelines. Councilwoman Richards said she would like the minutes of the original approval. Councilwoman Richards noted these units have a large space bonus but the prices did not reflect that space. During the P&Z hearings, the neighbors were very concerned about the increased parking. Councilman DeVilbiss asked if there is a method to prevent rental of the basement spaces. Mayor Klanderud opened the public hearing. Norman Foote, employee of Joe Gross and the DeYoungs next door neighbors, told Council they are concerned about parking in this area. Foote said people park on both sides of the entrance right now. Finishing basements would add people to the project. Toni Kronberg said she hopes Council approves this amendment that would give hope to others living in affordable housing. Approval of this ordinance would set a precedent that people can improve their units. Rob Leaventhal, Snyder resident, told Council there are carpeted internal stairways into' the storage area. Leaventhal said he would like to be able to accommodate family and friends as overnight guests; currently guests have to walk through his bedroom to use the bathroom. Antoinette Lafontaine, Snyder resident, told Council her unit has two entrance doors, one of which goes into the storage area. Ms. Lafontaine said the basement space was finished offwith heating, thermostat, and cable connection. Ms. Lafontaine said guests have to walk through her bedroom to access the bathroom. Glick said the basement spaces are sprinkled. Glick told Council 4 out of 8 units were partially finished. Heidi Hoffman, architect, told Council the idea of the second door going to the basement was to allow residents to carry items likes skis and bicycles straight to storage. Don Brown, Snyder resident, told Council his unit has internal downstairs, a walled off section with a place for a walk in closet, electric heating, the only thing lacking is carpet. Councilwoman Richards asked if the basements were stubbed out for plumbing. Ms. Hoffman said they are not. Mayor Klanderud closed the public hearing. Mayor Klandernd said it appears there is a desire to finish this space as bedrooms. Mayor Klandernd said she needs more information on the original approval. Mayor Klanderud said she would like to know the parking situation on Midland avenue and if it is two-hour parking, why is it not being enforced. Mayor Klanderud said she would like to know how many of these units have outside doors into the basement units. Councilman DeVilbiss said he would like to know if there is a legal, meaningful way to prevent rental of these basement spaces. Councilman Torre said he would like comments from the housing board for the next meeting. Councilwoman Richards said she would 7 Regular Meeting Aspen City Council October 11, 2005 like explanation of the capital improvements, whether this is one-time allowance per unit and will a future homeowner have another 10% capital improvement. Councilwoman Richards asked for overall inventory; how many one-bedrooms exist, what will this do to the spread of housing units. Councilwoman Richards said she understands the homeowners' desires; however, there has to be respect for the original approval process. Councilwoman Richards said she would like staff to list pros and cons of allowing the basements to be finished, without a bathroom. Councilman Johnson said this raises more issues than just Snyder Park; it raises enforcement issues, parking, illegal rentals, and setting precedent. Councilman Johnson asked staff to report if there are other developments that would have similar requests. Councilwoman Richards said he would like to see the housing authority's rental policy because Council may not be able to prohibit rentals. Councilman DeVilbiss moved to continue Ordinance #38, series of .2005, to November 28th; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #39~ SERIES OF 2005 - ARC PUD Amendment - Aspen Junior Hockey Joyce Allgaier, community development department, told Council this request fi~om Aspen Junior Hockey for an expansion at the Aspen Recreation Center requires an SPA amendment and a GMQS exemption for an essential public facility. Ms. Allgaier noted this request is for 431 square feet internal additional to the ARC. All construction will be contained within the existing walls. The proposed use is 136 square foot office space and 295 square feet of meeting room. Ms. Allgaier showed where this will be cantilevered over the ice rink. Ms. Allgaier stated there will not be significant impact on the operations of the ARC. The parks and recreation staff supports this. The majority of junior hockey is played at the ARC so there should not be parking impact. Ms. Allgaier told Council the applicants request waiver of the employee housing mitigation. Council may approve that waiver ifthey find community benefits. Ms. Allgaier said staff finds an efficiency in this proposal between the coaches, the players and the practices. Without a waiver, the cash-in-lieu would be $201,000 or a deed restricted unit on site. Ms. Allgaier said staff finds there would be no new employee generation. Staff recommends in favor of this application and approval with conditions. Lee Pardee, Rick Newton, John McBride, Loren Ryerson and Art Daily were representing Junior Hockey. Pardee said this space is almost a mirror image of the ARC manager's office. Mayor Klanderud opened the public heating. Toni Kronberg said she supports this amendment. Ms. Kronberg said in 1999 she supported inclusion of an ice rink in the parks and recreation bonds. Ms. Kronberg said she lobbied for two sheets of ice at the ARC. Ms. Kronberg asked why this is happening 8 Regular Meeting Aspen City Council October 11, 2005 now that one of the hockey rooms is now a weight room and some seats are becoming an office. Mayor Klanderud closed the public comment. Councilman Torre asked what will happen to the current office space. Pardee said it will revert to storage. This space is small and dark. Councilman Torre asked if this affects the audience circulation in the ice rink. Pardee said the particular rows of seats at the very end have never been full. Tim Anderson, recreation director, told Council about 15 seats would be lost. Anderson said this change will improve the space and make it usable. Councilwoman Richards moved to adopt Ordinance #39, Series of 2005, on second reading; seconded by Councilman DeVilbiss. Councilman Johnson asked if there is a meeting space. Rick Newton told Council they currently use space upstairs at the Aspen Ice Garden. Councilman Johnson asked if there are other hockey associations. Pardee said it is only Junior Hockey that has one employee; the rest do not have employees. Pardee said by granting this ordinance, there will be no more or less activity. Councilwoman Richards said during the fund raising for the ice rink, the intent was to have the kids skating at the ARC so it makes sense to move an office to the ARC. Councilman DeVilbiss stated this is a economical request for space. Roll call vote; Councilmembers Johnson, yes; Torre, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #81~ SERIES OF 2005 - Junior Hockey Lease and MOU Tim Anderson, recreation director, said this is a result of the evolution of the uses at the ARC and the success of the partnership with Junior Hockey and the Aspen Recreation Center. This agreement is how the offices and meeting room will operate once the space is built. Anderson said there is an agreement that the ARC staff can use this meeting space. The lease agreement states the city will own this space; the space will be built at no cost to the city; Junior Hockey will maintain it. Anderson said this creates better communications between the largest user group and ARC staff. Mayor Klandemd pointed out Section 2 does not specifically state the city can use this meeting space. Pardee said they would be willing to open it up to other user groups. Pardee said they have not discussed every department of the city being able to use this meeting space. Council and Junior Hockey agreed to add "city of Aspen" be able to use this space with the understanding it would mostly be City recreation uses, not community meeting space. Mayor Klandemd said she is concerned that use of the sky box could become divisive, as who gets to sit up there. John McBride said this would be used by coaches or parents 9 Regular Meeting Aspen Ci,ty Council October 11, 2005 watching play. Councilman Johnson said he cannot support an exclusive viewing area. Councilman Torre said he can support this space and not exclude it from Junior Hockey's lease. Councilwoman Richards said she is comfortable with this agreement to recoup the expenses of Junior Hockey. Councilwoman Richards noted that Junior Hockey applies to the city for a annual grant and if there are problems, them is an opportunity yearly to discuss these issues. Councilman Torre moved to approve Resolution #81, Series of 2005, amending the MOU to add "or the City of Aspen" to the uses; seconded by Councilwoman Richards. All in favor, with the exception of Councilmembers Johnson and DeVilbiss. Motion carried ORDINANCE #40~ SERIES OF 2005 - Aspen Historical Society Lot Split TDRs Councilman DeVilbiss recused himself due to a conflict of interest. James Lindt, community development department, told Council this is a request to split off9,000 square feet to create and sell 16 TDRs. The overall parcel is 53,000 square feet. The applicant requires conditional use approval to establish the existing museum on the smaller parcel, as museums are a conditional use in the R-6 zone. Lindt said staff does not feel this will have operational or visual impacts on the site as no additional development is proposed. The 9,000 square foot parcel would be sterilized from any future development. Lindt told Council establishing TDRs is exempt from growth management. Lindt reminded Council the issue from first reading is the deed restriction on the museum from the Paepcke estate. The deed restriction reads, "the improved land on the site is to be used for museum purposes and the unimproved land on the site is to be used as public park". Lindt stated staff believes this is a private covenant and the city is not party to it. Lindt skid the application is consistent with the covenant as the 9,000 square foot parcel would be sterilized from future development and would be used as a public park. This application meets the review standards for conditional use and for lot split and for the establishment of TDRs. Tanya, representing the Historical Society, stated the intention of this application is to sever 16 TDRS to create a soume of funding for the museum to complete its mission of preserving Aspen's history. Councilman Johnson asked about the wording in the deed restriction, these provisions shall not be construed as preventing Grantee, its successors or assigns, from altering, replacing or adding to the improvements now located on the Premises and that does not seem to agree that things cannot change on the property. John Worcester, city attorney, said the deed has a private covenant that the property will be kept as a public park but changes can be made within the museum. Councilwoman Richards asked how many TDRs could be sought by the Historical Society in the future with further lot splits. Lindt said there is 44,000 square feet remaining on this parcel, which could be subdivided into 10 Regular Meeting Aspen City Council October liT 2005 six 6,000 square foot lots. Councilwoman Richards asked if approving this would preclude outdoor activities on this 9,000 square feet. Lindt said these would be governed by special event permits and would be allowed. Councilwoman Richards asked if there is a limit to how many TDRs a property can send. Lindt said there are limits to how many TDRs a property may receive and in most zone districts this limit is one/parcel. Mayor Klanderud opened the public hearing. Bob Starodoj asked whether Council addressed receiver sites over 6,000 square feet with only one 250 square foot TDR allowed and do larger sites allow more than one TDR. Lindt said in most zone districts the allowance is one TDR; staff and Council did not want to see a lot of FAR overloaded on parcels. Michael McVoy said his issues are the concept of policy that the city does not honor private restrictions, like this one between the Paepcke estate and the Historical Society. McVoy said this seems to contradict open space and land policies and deed restrictions, which the city said they would honor. Worcester said covenants are between the grantor and grantee and in most cases the city is not party to these covenants. Worcester pointed out them are some covenants where the city is a third party beneficiary and many conservation easements the city is a beneficiary and could enforce those covenants. Worcester noted there are many instances where the dispute is between two parties and the city is not involved. Mayor Klanderud closed the public heating. Mayor Klanderud said she has difficulty with this request because of the deed restriction and the gift bestowed to the Historic Society from the Paepcke Trust. By approving the lot split and sale of TDRs, the city is bestowing a benefit to the Historic Society. Mayor Klanderud said she sees the deed restriction as a public benefit; the land and buildings were given by the Paepcke Trust for specific purposes. Mayor Klanderud said there may be successors to the donor who would agree to allow the change to the deed restriction. Mayor Klanderud said the city did not envision the TDR program could be used in this fashion, land that has a covenant not to be developed, and approving transferring development rights. Councilwoman Richards stated she is concerned about the spread of TDRs. Earlier on the agenda was a request for more TDRs. Councilwoman Richards said when the city buys property, it is to preserve it, not to spread the gift out to other neighborhoods. Councilwoman Richards said she has a problem this is not master planning the entire site so that citizens will know what they can expect from the land in the future. Councilwoman Richards said in the dire case the Historic Society closes, would the property revert back to the Paepcke Trust. Councilwoman Richards said this seems like the city is being ask to create additional value where there is none. Georgia Hanson, director Aspen Historical Society, told Council'they went through P&Z, who approved it unanimously. Ms. Hanson said according to these restrictions, they could build a structure on this property as long as it is museum related. Mayor Klanderud said allowing TDRs to land on a property is completely discretionary. Mayor 11 Regular Meeting Aspen City Council October lit 2005 Klandemd said the deed restriction is clear; this is to be a historical society with the building and the rest is to be a public park. Mayor Klanderud said a public park is a public benefit to the entire community and she is reluctant to use an incentive program to provide protection where development is not wanted. This deed restriction already protects that property. Worcester said the covenants do not restrict expanding the museum. Councilwoman Richards reiterated she feels as if this is creating development rights where there are none. Councilwoman Richards said the original git~ is self-limiting. Councilman Johnson said his concern is flooding the TDR market. Councilwoman Richards said the city could consider selling TDRs from parcels like the Anderson open space. Worcester said the deed restriction is between two private parties and the grantor could remove this covenant. Chris Bendon, community development department, noted there are 3 land use reviews, the lot spit request, the establishment of TDRs and the conditional use request. Bendon said the first two are administrative acts; one meets the criteria or one does not. The conditional use that already exists on the museum property will stay in effect if this is not approved. Councilman Johnson removed to adopt Ordinance//40, Series of 2005, on second reading; seconded by Councilwoman Richards. Councilman Torre said he cannot support the TDR lot split because he does not favor spreading extra development throughout the city. It does not seem like the right intention for the museum property or for the TDR program. Mayor Klanderud said Council is respecting and preserving a historic situation. Councilman Johnson said the issue for him is whether or not development rights exist. The community development department felt they did or they would not have included these in the TDR inventory. Mayor Klanderud said the covenant is a recorded deed. Roll call vote; Councilmembers Torre, no; Johnson, yes; Richards, no; Mayor Klanderud, no. Motion NOT carried. RESOLUTION//74~ SERIES OF 2005 - Lease for Verizon Cell Tower Ed Sadler, assistant city manager, reminded Council they discussed this lease for a cell tower at the city's water plant earlier this year. Council requested more information, Verizon looked at other sites, they looked at the coverage of the proposed site. Ann Closser, representing Verizon, told Council since their last appearance before Council, Verizon sent a performance engineer up to the site at the water treatment plant who did a test transmitter to predict where there will be coverage. Ms. Closser presented maps of results of the coverage tests. These tests indicate increased coverage at the golf course, the AVH, the high school, Cemetery Lane and the ARC. There will be limited coverage at Highlands, which will be an enhancement of existing coverage. Ms. Closser stated the 12 Regular Meeting Aspen City Council October lit 2005 primary objective for this tower is not coverage, the primary objective is to offload two existing Aspen sites. There will be increased coverage as a result of this. Ms. Closser said at the previous Council meeting, the question arose why not do one site on Buttermilk/Tiehack. Ms. Closser said in September a group, including David Kennard radio frequency engineer and Charles Fagan, went out to the top of Buttermilk and considered different potential locations for cell sites. Ms. Closser said it was determined the top of the mountain site is too tall, which causes interference with an existing site at the airport. David Kennard told Council the issues are overshooting coverage and interfering with the airport site. Kermard said further down the hill, there is less visibility toward Aspen Highlands. Kennard said in order to cover the Highlands site effectively, one would have to come around the Tiehack ridge, which would narrow the scope of the site and it would not function as a capacity site. Councilwoman Richards asked what a relay tower would cost. Kennard said a repeater site would not be effective in this area. This area would require an enhanced micro site, which would cost 50 to 70% of a full blown site or $500,000 to $600,000. Mayor Klandemd said Council received an e-mail from Katie McLellan urging Council to improve this request. Loren Ryerson, chief of police, said this would be an improvement and greatly enhance the safety of the community by having access to cellular service to the schools, hospital, and playing fields. Judd Hawk, manager of Ritz Carlton, told Council he has been working for 5 years on cell phone coverage in Highlands. Hawk said he defends the city's approach to avoid the creep of cell phone towers. Hawk said he spends a lot of time with Ritz owners talking about the need for increased cell service. Hawk urged Council to challenge Verizon to do whatever it takes to improve cell service beyond this proposal. Hawk said the Ritz has 660 members who leave Highlands and go into town to pick up their cell phone voice mail. Charles Fagan said this will be a benefit to the community; however, it will not cover Highlands. The mountain ridge will block any penetration. Fagan said it is frustrating that Highlands will not get better coverage. Fagan said a letter from Ms. Closser states them are reservations about a tower on Tiehack, which does not sound like it cannot be done. Fagan said improved cell service at Highlands would be a benefit to the community. Fagan said the Buttermilk/Tiehack site will provide much better coverage for Highlands. Ms. Closser reiterated there will be some coverage at Highlands as a result of this tower. Until the service is turned on, it will not be known how good this coverage will be. Ms. Closser said there are installations of antennas on the roof that will enhance coverage within buildings only, not the plaza at the Highlands. Mayor Klandemd said the city is aware of getting better coverage at the schools and the ARC. If Council approves this agreement, will there be a commitment from Verizon to getting better coverage at Highlands. Councilwoman Richards asked why Verizon cannot go the rest of the distance in order to serve Highlands and does Verizon's funding from existing services warrant an additional 13 Regular Meeting Aspen City Council October 11~ 2005 tower. Diana Feathers, regional real estate manager for Verizon, told Council Aspen is part of the mountain region and their budget provides capacity offload sites to Montana, Utah, Idaho, Wyoming and Colorado. The radio frequency engineers for Verizon look at the equipment, the loading, and the break point of sites. Every site nearing capacity is measured and the commitment to Verizon customers is where there is coverage, this coverage will not degredate. The first concern is sites that are reaching capacity. Aspen's two sites are reaching capacity. Ms. Feathers said because of terrain and differing heights, it is not possible to do one site and meet the Highlands' requests. Ms. Feathers said all Verizon can present is what they have budgeted so the only application they are making is the site at the water treatment plant. Ms. Feathers said Verizon is trying to separate the two issues; one site cannot meet both coverage objectives. The site at the water plant will offioad the capacity of the downtown sites and will also provide additional coverage. Ms. Feathers said Verizon locally is not in control of making a decision to do another tower. Councilman DeVilbiss asked if other cell phone companies can use this tower and are they charged. Ms. Feathers said there are master lease agreements and Verizon reviews plans from other cell phone companies. Verizon has provided the structure and charges rent and when Verizon uses some other company's towers, they get charged rent. Mayor Klanderud noted no other companies are requesting permission to erect towers. Councilman Torre moved to approve Resolution #74, Series of 2005; seconded by Councilman DeVilbiss. Councilwoman Richards said Council is trying to get the best possible coverage for the community. Councilwoman Richards suggested making the lease for a shorter period of time so when it comes up for renewal, there is an opportunity to discuss this again. Councilman DeVilbiss said this is a market decision for cell phone companies. Councilman Torte asked why the lease is for 25 years. John Worcester, city attorney, said he used the best terms and terminology from similar leases within the state. Worcester said one reason for 25 years is that the company needs to amortize their investment. Mayor Klanderud noted this is not an exclusive use and the tower can be used by other cell companies. All in favor, with the exception of Councilman Johnson. Motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Torre. All in favor, motion carded. RESOLUTION #82~ SERIES OF 2005 - Amendment to Mona Frost Approval for Paved Accessway Chris Bendon, community development department, told Council this resolution amends an existing license agreement between the city and 216 East Hallam street. Bendon said this license is for land between 216 East Hallam and the city's red brick building. The land is used to access the garages for 216 East Hallam. The license was approved in 14 Regular Meeting Aspen City Council October 11~ 2005 2002 during the land use approval for this property. Bendon said the issue is what surface treatment should be on this licensed area. The original approval stated the surface should be gravel. The applicant would like to pave the access. Staff has pointed out pros and cons. The main concern of the parks department is that this access have the look and feel ora public trail. The community development department staff recommends against the change to the license agreement because of original approval was for gravel and them does not seem to be a reason to change this. Amy Capron, representing the owner, said the applicants feel pavement is a safer and cleaner surface for both the client and the public. This will be a seamless connection to the trail behind the Red Brick. A paved trail will be easier to maintain. Ms. Capron noted the stafffs comments were to keep this feeling as a trail. One solution would be to put striping down th.e path and put an icon of a biker on the trail surface. Councilwoman Richards said she does not hear a compelling reason to reverse a previous Council decision. Councilwoman Richards said the Red Brick is a post WWII property and paving around that building does not seem consistent. Councilwoman Richards said she would prefer to keep the rural character in this area. Councilman Johnson, Councilman DeVilbiss and Mayor Klanderud agreed. Councilman Torre moved to approve Resolution #83, Series of 2005. Motion DIES for lack of a second. Councilman Torre moved to go into executive session at 9:35 p.m., pursuant to C.R.S. 24-6-402(4)(a)(b) and (e) for 5 separate issues, two of which are open space acquisition and Smuggler; seconded by Councilman DeVilbiss Councilman Johnson moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman DeVilbiss moved to suspend the roles ant extend the meeting to 11:30 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to come out of executive session at 11:35 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman DeVilbiss moved to adjourn at 11:35 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. - I~t~yn S. Koch, City Clerk% J 15