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HomeMy WebLinkAboutminutes.council.20010709Regnlar Meeting Aspen City Council July 9, 2001 CITIZEN COMMENTS ............................................................ 1 COUNCILMEMBER COMMENTS .............................................. 2 CONSENT CALENDAR ........................................................... 4 · Ordinance #22, 2001 - 501 East Hyman Historic Designation ...... i... 5 · Ordinance #23, 2001 - Moumain Chalet Lodge Preservation PUD .... 5 · Resolution #73, 2001 - Contract Red Brick Humidification ............. 5 · Minutes - June 25, 2001 ...................................................... 5 · Request for Funds - Contingency $1,000 Rifle tragedy ................. 5 ORDINANCE #24, 2001 - Historic Lot Split Code Amendmem ............ 6 RESOLUTION #71, 2001 - Contract Water Plant Filter Modification ...... 7 RESOLUTION #72, 2001 - Comract Transit Service Analysis .............. 8 KD HOUSING PARTNERS CONTRACT AMENDMENT ................. 9 ORDINANCE #18, SERIES OF 2001 - 640 North Third Historic Designation .......................................................................... 10 ORDINANCE #20, SERIES OF 2001 - 515 West Gillespie Historic Designation and Lot Split ......................................................... 10 RESOLUTION #74, SERIES OF 2001 - Bar/X 'Annexation ............... 13 TEMPORARY USE - Otelo SK8 Shop ......................................... 13 ORDINANCE #25, SERIES OF 2001 - Code Amendment House Sizes. 13 TRUSCOTT RENTAL ISSUES ................................................. 16 7TM AND MAIN COMMERCIAL SPACE ....................................18 P&Z APPOINTMENTS .......................................................... 21 REQUEST FOR FUNDS - Nicholas Devore .................................. 21 Regular Meeting Aspen City Council July 9, 2001 Mayor Klanderud called the meeting to order at 5:00 p.m. with C0uncilmembers paulson, McCabe, Hershey and Semrau present. CITIZEN COMMENTS 1. Les Hoist told Council he was on HPC when the building at 7t~ and Main was first reviewed. Holst said the Commission worked hard to include a commercial space, which would lower traffic and would give the neighborhood a sense of togetherness. Holst said the city should not put blame anywhere that this space is not yet operational. Holst requested Council grant a lease so these tenants can get their space finished and moved in. Holst said the summer season is almost over and the city should give the tenants discounted rent. 2. Joe Raczak, North of Nell, said the city does not have a notice provision for special event permits. There have been some applications that greatly affect neighboring properties. Raczak suggested this policy be changed so there is sufficient notice to neighboring properties. The neighbors have legitimate concerns of environmental, safety and health. Phyllis Bronson said a notice about the GrooveGrass event was put on her Car in the middle of the night. The neighbors are concerned about hygiene issues. There have been incidents with events that concern the residents. Pamela Cunningham said the neighbors have concerns about safety and security and have not been satisfied that the producers of the show will implement these. Mayor Klanderud said there are to be conditions and expectations to be met before the event. 3. Chuck Tower, 303 S. Cleveland, said his project was supposed to be on the agenda and he only found out at the last minute this was to be continued. Tower told Council the original request was to have his cabins de-listed from the historic inventory. Moving these cabins was suggested. Tower told Council he was given an estimate by staff of moving costs between $28,000 and $45,000. Tower said he is not interested in paying to move these cabins. Tower told Council staff told him originally he would not have to pay anything to move these cabins. Tower said he thought there was a deal. He would like to have approval to either move these cabins or de-list them. Mayor Klanderud said Council will address this at the next meeting. Regular Meeting Aspen City Council July 9, 2001 4. Toni Kronberg reminded Council last time she appeared before them, she was concerned about the lack of a feasibility study for the Iselin pool project. Ms. Kronberg said one concern is that her work to show a need and done within the community over 10 years was not included. Ms. Kronberg submitted this work. Ms, Kronberg said she is not trying to kill this project but make it the best project it can be. Ms. Kronberg presented two boxes with records of everything she has worked on for the last 10 years. Mayor Klanderud asked for an index in order to put these in the public record. Ms. Kronberg noted at the brown bag lunch she presented 2 documents, What You Should Know Before You Build and an editorial from the Snowmass Sun. Ms. Kronberg urged Council to work with the town of Snowmass to develop two aquatic centers. Ms. Kronberg said she asked the recreation director if a needs analysis has been done. She was told it has been done and is waiting for Council's approval. Ms. Kronberg said the needs analysis should have been done before the PUD application. Ms. Kronberg said the community has lost a lot with the current pool design. Ms. Kronberg said the Council should re-look at putting the pool inside rather than outside. 5. John Kruger, tranSportation department, invited Council and the public to "Find Another Way Day" Wednesday July 11 in Paepcke Park. People should walk, bike, carpool, job, rollerblade to work. The event begins at 7 a.m. with food, prizes and music. COUNCILMEMBER COMMENTS 1. Mayor Klanderud noted there was confusion on why she was riding in a Pigmobile on the 4~ of July Parade. Mayor Klanderud said she was riding for Youth Zone, which has an annual "kiss a pig" fund raiser. Youth Zone provides multiples services for youth in the Roaring Fork valley. Mayor Klanderud urged everyone to support her candidacy to kiss the pig. Mayor Klanderud said she feels the city should have a float in both the Winterskol and 4th of July parades. Mayor Klanderud suggested the city challenge Pitkin County in a float contest. 2. Mayor Klanderud said there was a visiting delegation from Katsuyama, Japan. They were in the parade and participated in various 2 Regular Meeting Aspen City Council July 9, 2001 other activities in Aspen. Mayor Klanderud said this appeared to run smoothly; however, it took much staff efforts and she ttianked Linda Gerdenich, Rebecca Weibel, Jennifer Weibel, Janice Vos, Amy Barwick, Georgeanne Waggaman, Stephan Kanipe, Linda Chi, Peg Klein, Gall Simichek, Tim Anderson, Julie Ann Woods, Phil Overeynder, Shirley Ritter, Rebecca Doane and Ben Ludlow for helping to make a successful visit. 3. Councilman McCabe requested Resolution #71 and Resolution #72 be taken off the consent calendar. 4. Councilman McCabe said he spent time with the delegation from Katsuyama and had good discussions about the future of the relationship with the friendship cities. 5. Councilman McCabe read into the record a letter from Colorado Swimming Inc., Pueblo, Colorado, to Toni Kronberg regarding the Aspen pool. "Thanks for your interest in this new project. At this time I feel that everything that can be done has been done. I have talked with Peter Fornell who is a CSI official as well as the president of zone IV, Western Colorado Swimming, and a part of CSI, and he tells me that we have done everything we can. As described to me the pool does meet the requirements to host sanctioned meets. Sometimes we don't always get all the elements that we want, however, this pool will be able to host USA and high school meets. I would respectfully ask you to let the facility be built and not attempt to intercede any further. Colorado Swimming does not which to be pal~ of any further discussions regarding the construction of this facility, or to antagonize the City of Aspen". 6. Councilman Hershey thanked staff for their work with the Katsuyama delegation, especially Tim Anderson who ran with the Mayor of Katsuyama in the Boogie's 5 mile race. Councilman Hershey said he appreciates all the hard work done by the recreation department. 3 Reg. lar Meeting Aspen City Council July 9, 2001 7. Councilman Hershey thanked Tim Ware and the police department for the work on the 4th of July parade; it was a well-mn parade. 8. Councilman Hershey pulled VI(g)KD Housing Parmers Contract Amendment, from the consent agenda. 9. Councilman Paulson said he, too, had a great cultural exchange with the delegation from Katsuyama. The dinner at the Sundeck was an excellent event. 10. Councilman Paulson noted there will be a wetlands planting project at the Marolt property Saturday, July 14~ at 9 a.m. 11. Councilman McCabe thanked the B.P.O. Elk's for hosting the Katsuyama delegation after the fireworks. Councilman McCabe thanked the cannon crews for their blastoff at 6 a.m. on the 4th of July. 12. Steve Barwick, city manager, requested an executive session be added to the end of the agenda for the purpose of property acquiskion and negotiations. 13. Steve Barwick, city manager, announced the financing for housing programs will be held in the Sister Cities room tomorrow, Tuesday, July 10% at 4 p.m. CONSENT CALENDAR Councilman Hershey moved to read Ordinance #22, 23, 24, Series of 2001; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE #22 Series of 2001 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL FOR LANDMARK DESIGNATION OF THE PROPERTY LOCATED AT 501 E. HYMAN AVENUE AND 304-308 S. GALENA 4 Regnlar Meeting Aspen City Council July 9, 2001 STREET, LOTA A,B,C, AND D, BLOCK 95, CITY AND TOWNSITE OF ASPEN, COLORADO ORDINANCE #23 Series of 2001 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE REZONING TO L/TR WITH LP AND PUB OVERLAYS, MINOR PLANNED UNIT DEVELOPMENT, SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR EMPLOYEE HOUSING UNITS, AND SUBDIVISION FOR THE MOUNTAIN CHALET LODGE, CITY OF ASPEN, PITKIN COUNTY, COLORADO ORDINANCE #24 Series of 2001 AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE FOLLOWING SECTIONS OF THE ASPEN LAND USE CODE: SECTION 25.480.030, SUBDIVISION EXEMPTIONS AND SECTION 26.710.180, OFFICE ZONE DISTRICT Councilman McCabe said he would like to discuss Ordinance #24 before voting on it. Councilman Hershey moved to adopt the consent calendar as amended; seconded by Councilman McCabe. The consent calendar is: · Ordinance #22, 2001 - 501 East Hyman Historic Designation Ordinance #23, 2001 - Mountain Chalet Lodge Preservation PUD · Resolution #73, 2001 - Contract Red Brick Humidification · Minutes - June 25, 2001 · Request for Funds - Contingency $1,000 Rifle tragedy 5 Regnlar Meeting Aspen City Council July 9, 2001 Roll call vote; Councilmembers Semrau, yes; McCabe, yes; Hershey, yes; Paulson, yes; Mayor Klanderud, yes. MotiOn carried. ORDINANCE//24, 2001 - Historic Lot Split Code Amendment Councilman McCabe said he is concerned this amendment would allow two free market units and two ADUs. Councilman McCabe said the ADU program has not been totally successful and suggested that payment-in-lieu be allowed and ADUs be deleted. CoUncilman Pau!son said he is concerned that housing will not be built with payment-in-lieu and employees are still needed to maintain these unit. s; he would like to make sure the obligation for housing does not fall through the cracks. Councilman Paulson Said he would like to see the option for building an ADU kept open. Julie Ann Woods, community development department,. reminded Council ADUs are not rent controlled but are deed restricted to a working tenant. Ms. Woods said approximately 30% of the ADUs are occupied by working residents. Councilman McCabe said he would rather see the housing office get the money and actually build units rather than have 70% empty ADUs around town. Councilman McCabe said he would like to re-open the ADU issue in every zone district in which they are allowed. Councilman McCabe questioned the effectiveness of this program. John Worcester, city attorney, noted this language regarding ADUs is also found in the other 2 zones that allow these units. Worcester said the language does not have to be the same in all 3 zone districts. Councilman Semrau suggested modifying the language for the office district and readdressing ADUs later. Councilman McCabe moved to amend the ordinance by eliminating "if an accessory dwelling unit shall be provided for each unit"; seconded by CounCilman Hershey. Councilman Paulson said he would prefer to have a work session on the entire ADU issue before deleting these type of units. Councilman Paulson said he is not sure payment-in-lieu is larger enough to build any units. Councilman Semrau said the payment-in-lieu fees are increasing in the new 6 Regular Meeting Aspen City Council July 9, 2001 guidelines. Mayor Klanderud agreed it would make more sense to address the entire iSSue and to adopt the new APCHA guidelines. Roll call vote; Councilmembers Semrau, yes; McCabe, yes; Mayor Klanderud, no; Hershey, yes; Paulson, no. Motion carried. Councilman McCabe moved to adopt Ordinance//24, Series of 2001, as amended; seconded by Councilman Hershey. Roll call vote; Councilmembers Semrau, yes; McCabe, yes; Hershey, yes; Paulson, no; Mayor Klanderud, no. Motion carried. RESOLUTION//71, 2001 - Contract Water Plant Filter Modification Phil Overeynder, water department, told Council this resulted from a routine filter inspection to look at why giardiasis were passing through the filter. The city hired McLaughlin Water Engineers to assess the filter media in the east plant. Staff noticed as a result of that assessment, filter media was being lost. This contract will address the deficiencies. McLaughlin prepared design specifications for the modifications. The project was bid out and staff proposes to award the contract to Stanek Construction for $134,000. Overeynder said there is concern that there is one single entity accountable for this work. McLaughlin Water Engineers carries errors and omissions insurance and the intent is to insure they are accountable for doing an adequate assessment. Staff has worked with McLaughlin over a number of years and is confident they have done a proper assessment and have identified what is necessary to make the corrections. John Worcester, city attorney, told Council when the engineers are hired, there is a scope of work outlining the symptoms of the problem. Worcester said he does not think an engineer will guarantee that no more giardia will come through the system. Overeynder noted that giardia problem has been corrected. The concern is if the city continues to operate the filters in the future, they will continue to lose filter material. This is a measure to extend the life of the filters. Overeynder told Council this plant was built in 1986. In 1991 deficiencies in the operation were found; staff hired an engineering firm who made recommendations. The city addressed 7 Regular Meeting Aspen City Council July 9, 2001 all the recommendations. Since that time, regulations have changed and this is the seCond roUnd of improvements. This particular deficiency was not identified before. Councilman Paulson moved to approve Resolution//71, Series of 2001; seconded by Councilman Hershey. All in favor, motion carried. RESOLUTION//72, 2001 ~ Contract Transit Service Analysis Randy Ready, assistant city manager, told Council this contract is a follow up to the creation of the Regional Transit Authority last fall. When the RTA was created, an 18 month clock started and by March 2002, the city needs to enter into a long term agreement with RTA for local service. Ready said this presents an opportunity to thoroughly assess the service the city residents are getting. Ready told Council the last time this was done was 1995 during the TDP process. The issues to be looked at are whether the transit service is effective and efficient, the number of passengers and the cost, how is the transit service being used seasonally, are different routes doing better than others. There are questions about the cross town shuffle, it's ridership, and it's costs. The study will show if any routes need to be added or cut back. Ready noted this is a time and material contract and will be supplemented by a lot of staff effort. Leigh, Scott and Cleary have familiarity with the issues and have done the last 4 TDPs for RFTA; they will not have to be paid to get through the learning curve. Ready said the primary reasons to go with outside consultants are the time limits of 18 months; Council will want to have this information before the September budget process. Ready told Council Leigh, Scott and Cleary have a lot of resort experience and will be able to provide comparisons to how other resorts are doing. Another reason to have consultants do this are the results of the data analysis to work through alternatives like dial-a-ride versus fixed routes. Councilman Hershey said the city is not proceeding with rail and is not proceeding with the entrance to Aspen. This is an important issue when going into the RTA. Councilman Hershey said he will want guarantees that city service will be maintained at the present level. Councilman Regular Meeting Aspen City Council July 9, 2001 Hershey asked why this cannot be done in-house. Ready said he only has 1-3/4 employees to address this and it is important that Council gets this information in a timely way. Ready agreed there are many questions that will need to be answered before entering into the RTA. Ready said his 1- 3/4 employees are fully occupied with city transit issues. Mayor Klanderud agreed the level of service and the ability to expand city service is important in negotiating with the RTA. Mayor Klanderud said the more solid the city's data is, the stronger the negotiating position with the RTA will be. Councilman Hershey moved to approve Resolution #72, Series of 2001; seconded by Councilman Semrau. Councilman McCabe said there have been a lot of transit studies and asked why this cannot be collated and used by in-house staff. Councilman McCabe questioned spending $50,000 on something that may be able to be done in-house. Ready said the contract is $35,000 with some add-ons for on-board surveys, additional consultant trips. These would be okayed by Council. Councilman Paulson said he would prefer to go with a contact than add anOther staff person. All in favor with the exception of Councilman McCabe. Motion carried. KD HOUSING PARTNERS CONTRACT AMENDMENT Councilman Hershey said he has the same concerns about this contract as the transit contract. The housing office has a large staff and a large budget and they ought to be able to do this in hoUse. Councilman Hershey moved to approve the contract amendment; seconded by Councilman Semrau. Councilman Semrau said this contract is for KD Housing Partners to secure a construction loan from Well Fargo bank for Truscott. This seems to be outsourcing processing a bank loan. Mary Roberts, housing director, said this will also be to secure the proper construction loan documents, Regular Meeting Aspen City Council July 9, 2001 make sure all documents are coordinated with the funding sources and tax credits. This is not like a regular construction loan. All in favor, motion carried. ORDINANCE//18, SERIES OF 2001 - 640 North Third Historic Designation Amy Guthrie, community development department, told Council HPC and P&Z recommend approval and also recommend approving the $2000 historic preservation grant. Ms. Guthrie told Council this is a 19~ century residence with typical features. Ms. Guthrie said Se Structure has been altered and the owner is planning to reverse some of these alterations. Ms. Guthrie said this meets the 3 of the 5 standards of for historic designation. Mayor Klanderud opened the public hearing. Carol Craig told Council she lived in this house in the late 50's and staff may not be aware what k was like in those days. Ms. Craig said she would be willing to offer consultation before the house is restored. Ms. Guthrie said the design review phase has not been completed and staff will get together with Ms. Craig on what the house looked like. Mayor Klanderud closed the public hearing. Councilman Hershey moved to adopt Ordinance//18, Series of 2001, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Semrau, yes; McCabe, yes; Hershey, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE//20, SERIES OF 2001 - 515 West Gillespie Historic Designation and Lot Split Fred Jarman, community development department, told Council there is an existing two-story residence on a lot of 9200 square feet. The house was built in 1887 and was located on West Hopkins and moved to this property in 1971. This is zoned R-6. Jarman said P&Z and HPC have recommended approval of the historic designation. HPC recommends 10 Regular Meeting Aspen City Council July 9, 2001 approval of the historic lot split. HPC has conceptually approved relocating the house, a 500 square foot bonus, construction of a garage at the rear of the lot. The applicant has received approval from the city parks department to relocate the Si Johnson ditch onthe parcel and to relocate trees on the property. Jarman told Council this property meets 3 of the 5 standards to qualify for historic designation, architectural importance, and neighborhood importance and community importance. Jarman said staff finds this applications meets all the criteria for a lot split. Jarman told Council this application was before HPC and P&Z several times; this is a good example of why lot splits are allowed and why they are supported by the AACP. Jarman said a lot split takes larger lots with a historic house and allows a subdivision into a smaller piece of property that respects the size of the smaller historic lots in town. The landowner gains a free market lot, which is one of the incentives of the historic preservation program. Jarman noted this house is almost true to its original architectural form. Jarman said there is an outstanding lot line dispute with the neighbor to the west, about 300 square feet. Jarman told Council said this lot split is not affected by the lot line dispute. The adjacent property owners are questioning the signed, stamped survey and this issue is going to court. Jarman illustrated the property boundary dispute, the proposed lot split, the proposed relocation of the Si Johnson ditch. Randall Bone, representing the applicants, told Council he originally proposed 3 units on this property. This was not supported by the neighbors. Bone said the project has been designed as if the strip in question does not belong to them. The house has been moved over so that it is 5 feet from the disputed setback; that disputed land has not been counted for FAR purposes. Mayor Klanderud opened the public hearing. Charles Collins, owner of property to the west, told Council they have lived in this location over 30 years and had the property surveyed at that time. Collins said only last year were they sued over this disputed 2'8". Collins requested this issue be continued. Collins said he has discovered 11 Regular Meeting Aspen City Council July 9, 2001 that the survey has a number of deficiencies in all directions, which affects more than just the Collins. Collins said this issue is in District Court this week and the property line issues may be resolved. This dispute could also affect the city's right-of-way. Carol Craig stated she does not think the historic house should be moved next to the Collins. It will shut out light from their house. Collins noted Municipal Code Section 26.480.030(a)(4)(b) states, "The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel". Collins said this is a duplex lot and a condominiumzed duplex could be built, which would save more of the site. The house is a historic structure and should be kept where it is. This lot split is to maximize the return rather than what is good for the community. Jarman told Council because this lot is 9,000 square feet, the applicant has the ability by right to construct 2 single family houses. Councilman Hershey said the issue goes to historic lot splits in general. The historic lot splk amendment was to give people incentives to preserve their historic property. Bone told Council he is removing a non-historic addition on the back of the structure to make it more accurate. The historic lot split does not generate new FAR on site, except for a 500 square foot bonus if HPC feels the preservation of the historic structure warrants that. Collins said the FAR for a large lot is about 44 % coverage. A smaller lot has about 62 % coverage. Collins said it appears that the 500 square foot bonus went to lot B rather than to the historic house. Mayor Klanderud closed the public hearing. John Worcester, city attorney, reminded Council the issue before them is whether the applicant is entitled to have land use approvals as presented. It is speculative to say a court will adjust all the lot lines. If that happens, the applicant will not be able to get a building permit. Councilman Semrau asked if the FAR bonus is only for the historic lot. Jarman said the land use code allocates the 500 square foot bonus to the historic house. The HPC and Council have treated this as an exemption; if there is an 12 Regular Meeting Aspen City Council July 9, 2001 outstanding preservation effort, the 500 square foot bonus can be transferred to the new structure. The intent is to reward an applicant. Jarman agreed this needs to be cleared up in the code as part of the historic preservation process. Councilman Paulson said he would like to know what happens to the trees on the lot line. Councilman Paulson moved to continue Ordinance #20, Series of 2001, to JulY 23; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #74, SERIES OF 2001 - Bar/X Annexation Councilman MCCabe moved to continue Resolution #74, Series of 2001, to July 23; seconded by Councilman Hershey. All in favor, motion carried. TEMPORARY USE - Otelo SK8 Shop Councilman Hershey moved to continue this to July 23; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #25, SERIES OF 2001 - Code Amendment House Sizes Councilman Hershey moved to read Ordinance #25, Series of 2001; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE NO. 25 (Series of 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REPEALING ORDINANCE NO. 56 (SERIES OF 2000) AND RE-ENACTING CODE SECTIONS THAT WERE REPEALED BY ORDINANCE NO. 56 (SERIES OF 2000), WHICH WAS AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTERS 26.710, 26.575, 26.104, 26.304, AND 26.445 OF THE CITY OF ASPEN MUNICIPAL CODE, TO: AMEND EXTERNAL FLOOR AREA RATIOS IN THE MEDIUM DENSITY RESIDENTIAL (R-6) 26.710.040(D), MODERATE DENSITY RESIDENTIAL (R-15) 13 Regular Meeting Aspen City Council July 9, 2001 26.710.050(D), MODERATE DENSITY RESIDENTIAL (R-15A) 26;710.060(D), LOW DENSITY RESIDENTIAL (R-30) 26.710.080(D), RESIDENTIAL MULTI-FAMILY (R/MF) 26.710.090 (D), RESIDENTIAL/MULTI-FAMILY (R/MFA) 26.710.100 (D), RURAL RESIDENTIAL (RR) 26.710.130(D), COMMERCIAL CORE (CC) 26.710.140 (D), COMMERCIAL (C-l) 26.710.150 (D), OFFICE (O) 26.710.180 (D), LODGE/TOURIST RESIDENTIAL (L/TR) 26.710.190 (D), CONSERVATION (C) 26.710.220 ZONE DISTRICTS; TO AMEND CODE SECTION 26.575.020(A)(3) THE METHOD FOR CALCULATING FLOOR AREA FOR GARAGES, CARPORTS AND STORAGE AREAS; TO AMEND CODE SECTION 26.575.020 (A) (4) THE METHOD OF CALCULATING SUBGRADE AREA; TO ESTABLISH MAXIMUM ALLOWABLE VOLUME AS A DIMENSIONAL REQUIREMENT IN VARIOUS ZONE DISTRICTS; TO DEFINE CERTAIN TERMS PURSUANT TO SECTION 26.104.100, DEFINITIONS, HAVING TO DO WITH; DUPLEX DWELLING, PLATE HEIGHT, AND BUILDING HEIGHT; TO AMEND THE MAXIMUM HEIGHT FOR DETACHED RESIDENTIAL DWELLING IN SECTIONS 26.710.140 (D) (7) COMMERCIAL CORE ZONE DISTRICT, 26.710.150 (D) (7) C-1 ZONE DISTRICT, 26.710.190 (D) (7) LODGE/TOURIST RESIDENTIAL ZONE DISTRICT, AND 26.710.220(D) (7) CONSERVATION ZONE DISTRICT; TO AMEND 26.710.040 (D) (5) (c) THE MINIMUM SIDE YARD SETBACK IN MEDIUM DENSITY RESIDENTIAL (R-6) ZONE DISTRICT; TO AMEND SECTION 26.304.030 APPLICATION AND FEES, TO INCLUDE BUILDING MODELS; TO DELETE SECTION 26.575.020 (A) (5) VOLUME AND ADD SUBSECTION E, VOLUME, TO THIS SECTION, CALCULATIONS AND MEASUREMENTS; AND TO AMEND SECTION 26.445.040(C) TO ADD SUBSECTION 14, MAXIMUM VOLUME Councilman Hershey moved to adopt #25, Series of 2001, on first reading; seconded by Councilman McCabe. Councilman Hershey said he would like to schedule a work session with P&Z. Councilman Hershey said P&Z and staff worked hard on this ordinance; however, the process was too fast and he does not feel the 14 Regular Meeting Aspen City Council July 9, 2001 ordinance is workable. Mayor Klanderud said she is not sure the goals the city has for this ordinance are being met with the ordinance, Bob Blaich, P&Z chair, told Council they had 4 public hearings as part of the original recommendation to Council. Blaich said the previous Council had concerns about volume. Blaich said P&Z visited a house under construction at the invitation of Lorrie Winnerman to see if and how this ordinance would affect size of houses. Blaich recommended the ordinance be returned to P&Z and community development department staff to work out the problems rather than throwing out the entire ordinance. Blaich pointed out many Council work sessions take place when P&Z is having their regular meetings. The scheduling should be more considerate so that Board members can attend when there are issues of importance to P&Z. Councilman Hershey said the Cemetery Lane residents were in the middle of a neighborhood planning process when this ordinance was adopted and they felt blindsided. Councilman Paulson urged Council to not repeal the entire ordinance. There are parts worth saving; the floor height measurement, the cap sizing and sliding scale. Councilman Paulson said he wOuld like the new oridnance to address "green building''. Councilman Hershey said he had a problem with the process in which this ordinance was adopted and especially with the Cemetery Lane neighborhood planning process. Councilman Hershey said he does not intend to throw out the entire ordinance. Blaich said he feels it would be a waste of time and effort for P&Z to go through the entire ordinance again. Mayor Klanderud said Council should be clear on what they want accomplished and the parts of the ordinance they would like addressed. Mayor Klanderud suggested "green building" could be included. Councilman Semrau agreed this Council has a chance to make this ordinance more workable. Councilman Paulson said house size has been an issue for years with the Council. Councilman McCabe agreed a lot of work has been done and certain components of the existing ordinance can be carried forward; however, any amendments will have to go through the entire process. Councilman Hershey said there is a perception that there was something wrong with the process in adopting Ordinance//56. Councilman McCabe suggested postponing this rather than tabling it so Council can outline what they want to keep and what they want to change. 15 Regular Meeting Aspen CitY Council July 9, 2001 Council agreed they did not Want to start over. John Worcester, City attorney, suggested Council table to the ordinance, take it back to P&Z to fix what they think is necessary. Council could pass this on 1st reading and not deal with k until they have a work session with P&Z, and have second reading of an amended ordinance next month. Councilman Paulson said he feels strongly this ordinance should not be repealed; however, he will support it in order to meet with P&Z. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. TRUSCOTT RENTAL ISSUES Rebecca Harlow, Truscott resident, reminded Council they attended the housing board about the situation at Truscott. Ms. Harlow said they do not have a complaint against the housing authority and are grateful for their hard work. Ms. Harlow said the power outages, noise, dust and mud are not their fault and are products of trying to produce more affordable housing. Ms. Harlow said the level of noise and power outages are far aboVe that for usual housing Project. Ms. Harl0W said they wOuld like to seek rent remuneration from the construction company's contingency fund. The residents feel it is reasonable to expect some form of compensation for services not rendered. Craig, plumber and resident, told Council his phone has been out of order 23 days; on two different occasions his phone was out 6 days in a row. This has caused him to lose business calls. Craig told Council he has left messages for the construction company and has not received return phone calls~ Truscott has been without UPS service for two weeks. Craig said these are no longer minor inconveniences. Craig said the cell phones cannot be used inside the buildings at Truscott. Craig said there are some dangerous situations at Truscott. Ed Sadler, asset manager, said this project is being built amongst already existing buildings with old utilities about which the records are not accurate. New water and sewer lines right through the existing units are being installed to handle the increased capacity. Sadler said there is not 16 Regular Meeting Aspen City Council July 9, 2001 much the city can do about the utility disruption. Sadler said his concern about any money from the construction fund is that it is not fair to penalize the contractor for disruptions that are not his fault. Councilman Semrau said in all other projects, the developer is held responsible to make the adjoining neighbors whole. Sadler said if the city is going to hold the contractor liable for reimbursing tenants for utility disruption, it will be even more difficult for the city to get contracts. Sadler said the worst of the work is the utility work, the road realignment, moving the utilities out of the road. Sadler said the utility work should be finished in late August. There are another 16 months left on this project. Councilman Semrau said he does not agree with the premise that these tenants are in subsidized housing and ought to put up with the disruption. Council agreed this is not a premise. Ms. Harlow said the residents feel they need a advocate to help in receiving cost adjustments from the utility companies. Jerry Smith, Shaw Construction, told Council UPS brings packages to his office and they are delivered to individual apartments by himself or by the manager. Councilman Semrau said the city does a good job keeping an eye on other developers for construction infractions. Now the staff is in the position of being the developer and keeping an eye on themselves. Councilman Semrau proposed the city appoint an advocate for the residents, a city employee but not part of asset manager department. Councilman Semrau said he would like to get an outside opinion on the safety issues that have been brought up. Councilman Semrau suggested 1/2 month rent reduction out of the developer's contingency for the tenants' suffering. This would be $32,000. Steve Barwick, city manager, suggested the city's risk manager could make a walk through of the site several times a week and make recommendations back to the asset manager. Councilman McCabe asked if there is a way the city can provide a flagger for traffic coming out of Truscott. Sadler said he will look into it. Councilman Semrau moved to provide access to the city's safety officer and/or advocate for citizens at Truscott; to provide a flagger; and that the 17 Regular Meeting Aspen City Council July 9, 2001 developer be asked to compensate for construction inconvenience $32,000 to reduce 1/2 month's rent for August; seconded by Councilman Hershey. Mayor Klanderud said she likes the practical suggestions in the motions. Mayor Klanderud said there were no increases in rent for Truscott because of the cOnstruction. Mayor Klanderud said she does have difficulty with the compensation and when there is a limit and to whom compensation is paid. All in favor, with the exception of Mayor Klanderud. Motion carried. Councilman Hershey moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilman McCabe. All in favor, motion carried. 7TM AND MAIN COMMERCIAL SPACE Julie Ann Woods, community development department, reminded Council this project was approved by ordinance over one year ago. One of the conditions of approval specifies the uses allowed and this included "uses allowed in the store shall be sales of convenience items, pre-packaged foods, prepared foods which do not require a commercial kitchen, indoor and outdoor seating". Ms. Woods told Council there is a potential tenant who is interested in creating a kosher deli in this space. One of the food items would be rotisseriered chicken for take out or delivery. The environmental health department has been working with the proposed tenant. The tenant proposed use is a food service establishment, which requires a commercial kitchen. Ms. Woods noted during the public hearings for the project, neighbors stated concerns about the commercial space, about parking and traffic impacts in the neighborhood. Staff argued for a commercial space so that residents could purchase items without having to drive to town. Staff proposed a commercial unit in this particular location because of the traffic, parking and the proposed bus turnaround would make it a hard unit to live in. Ms. Woods stated in the approval for the project, it was clear this was not intended to be a restaurant use but a small, commercial space. 18 Regular Meeting Aspen City Council July 9, 2001 The proposed tenant has applied for a building permit, which has not been issued. There are ventilation and food service iSsues to accommodate this use as opposed to a convenience store use. Ms. WoOds Stated staff is concerned about this type of use at 7tn and Main. It will generate more traffic than a convenience store. Staff is concerned about upstairs neighbors living above a restaurant use. Staff is concerned about delivery from this food service establiShment. There is no parking associated with this space. Staff is also concerned about people parking on the north side of the street and running across Main street. Ms. Woods said if Council feels this use could work, staff recommends going through a public hearing process to make it clear to the neighbors what the use and the impacts will be. Ms. Woods said some alternatives are for the tenant to modify his business proposal to conform with the original approval. 'The tenant was given a copy of Council approval when they started this process. Staff recommends giving the tenant a chance to modify his proposal to conform with the approval. Another alternative is for Council to decide this use will not work at 7~ and Main and to re- advertise for tenants. The third alternative is to convert the space to housing. Staff does not support the third alternative without giving mixed uses a chance to work in the community. Councilman Hershey agreed the intent of Council was that this was to be a convenience store. Councilman Hershey asked why staff did not check in with Council about this use. Mary Roberts, housing director, said staff was trying to make a commercial use work. During the process more information about what the tenant wanted and needed that was not in the original application came out. Ms. Roberts noted it is food preparation that dictates the ventilation and the type of kitchen that is required. Councilman Hershey said during the public hearing staff assured Council this would not be a restaurant. Councilman McCabe agreed it was clear Council did not want a food establishment in this location. Gregory Gordon, representing the applicant, submitted a petition signed by 90 people indicating support for this use. Izhak Vardy, applicant, said they went to Lee Novak, housing office, and were told staff wanted them to open a deli and restaurant and they were urged to sign a contract. Vardy 19 Regular Meeting Aspen City Council July 9, 2001 said when they signed this contract, they ordered equipment and started to hire people. Ms. Roberts said the standard procedures is the applicant or contractor signs the contract and it then goes to Council for approval. Ms. Roberts said it did not make sense to bring this contract to Council without the building permit. Gordon said Novak made it clear this contract would have to be approved by Council. Gordon said the applicants had drawings made up at Novak's direction, had meetings with an architect, and pursuant to these drawings started building. Councilman Hershey asked how much has been spent. Vardy said he spent $8,000 on the electricity and $35,000 on the equipment and various other amounts on getting to this point. Dahlia Vardy said it was made clear to her that they were to be open this summer. John Worcester, city attorney, told Council further discussions should be in executive session. Councilman Semrau asked if it is possible to have a commercial kitchen in this space. Gilbert Sanchez said the issues are aesthetics and costs. The equipment outside the space would have to be reviewed and approved by HPC. Lee Cassin, environmental health director, told Council she has concerns about mitigation of restaurants smells based on experience with other restaurants. Councilman Hershey said there are several issues; one, who will pay for this and two, whether Council would amend the ordinance to approve an expanded use. Councilman Semrau said another issue is whether the disturbance to the neighbors could be mitigated enough to allow an amendment. Barwick said there are building impacts, which may impact the aesthetics of the building and the livability of the neighbors. The land use question is whether this is a location where the city wants to see a restaurant. Mayor Klanderud noted the mixed-use proposal was to provide a convenience store for this complex and people in the area in order to cut down traffic and to create the flavor of a neighborhood. Mayor Klanderud said a take out deli will create more traffic than cut down on traffic. The issue is more than just a commercial kitchen. Councilman Paulson said the city should make every effort to make this use work. Councilman Hershey suggested the applicant could change their plans to fit within the intent of the original approval. 20 Regular Meeting Aspen City Council July 9, 2001 Councilman McCabe agreed he likes the alternative of giving the applicant time to come up with a different business plan that fits into the ordinances, "uses allowed in the store shall be sales of convenience items, pre- packaged food, prepared foods which do not require a commercial kitchen, indoor and outdoor seating, and various sundries typically associated with a corner store". If the applicant does not want to do that, the city can re- advertise the available space. Mayor Klanderud agreed if the applicants can come up with a business plan that meets what is specified in the ordinance, this needs to be reviewed by staff. Worcester said he will be willing to meet with all parties to see if they can come to some mutually agreed upon definition for delicatessen, commercial kitchen, and whether this fits within the ordinance approving this space. Barwick stated there is still the basic land use issue. P&Z APPOINTMENTS Councilman McCabe moved to re-appoint Jasmine Tygre and to appoint Bert Myrin to 4 year term on the P&Z and Ruth Kruger as alternate for a 2 year term; seconded by Councilman Hershey. All in favor, motion carried. REQUEST FOR FUNDS - Nicholas Devore Councilman Hershey said Nicholas Devore is requesting $500 to enter the World champion climbing competition. Councilman Hershey said there should be a more defined process for local athletes in order to get money from the city. Steve Barwick, city manager, suggested Council allocate athletic scholarship amount in their budget and have a process for persons seeking this money. Mayor Klanderud agreed in a community where there are people with a lot of athletic ability, Council should consider this funding. Mayor Klanderud agreed she does not want to deal with it on a piecemeal basis. Councilman Hershey moved to pledge $500 contingent upon Devore completing his fund raising marathon; seconded by Councilman Semrau. All in favor, motion carried. 21 Regular Meeting Aspen City Council July 9, 2001 Councilman Hershey moved to go into executive session at 9:45 p.m. to discuss property acquisition and negotiation; seconded by Councilman Semrau. All in favor, with the exception of Councilman McCabe. Motion carried. Councilman Paulson moved to come out of executive session at 10:15 p.m.; seconded by Councilman Semrau. All in favor, motion carried. Councilman Hershey moved to adjourn at 10:15 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kath~ ~. K~ch~ City Clerk 22