Loading...
HomeMy WebLinkAboutminutes.council.19990913Regular Meetin~ Asoen City Council Seotember 13, 1999 Mayor Richards called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Markalunas, McCabe and Hershey present. CITIZEN PARTICIPATION 1. Andrew Kole told Council he is starting a radio show "Ham and Eggs" dealing with local issues. Kole invited Councilman Hershey to be his first guest. Any other Council members are welcome. 2. Dave Schoenberger told Council he has been a local affordable housing advocate since 1992. Schoenberger requested that the IGA for the housing office be taken off the consent agenda and made a regular agenda item at a later date. Mayor Richards said Council will put this on the agenda as an action item. Schoenberger said the community should be allowed time to understand this item and it should be tabled to a later date. COUNCILMEMBER COMMENTS 1. Councilman McCabe told Council he found a box at his shop, which contains a train clock. The clock is from Lee Ann Marlet and indicates it is time for a train or the time for a train is past. 2. Councilman Markalunas said this is a wonderful area and people who live here have much for which to be thankfill. Taking time to appreciate these things will be good for new insights on why we live here. 3. Councilman Hershey said he attended RFTA meeting and it appears they will have to cut services or raise fares to meet a budget shortfall of up to $750,000. Councilman Hershey said when transit fares are raised, ridership declines. Councilman Hershey said he does not want to see fares raised or service decreased. Mayor Richards said as long as Aspen keeps on bailing out RFTA, the downvalley communities are not putting in their fair share. Mayor Richards noted 30 percent of the ridership does not even come up valley. 4. Councilman Paulson said as a matter of public safety, he would like the Council to have a discussion of using cell phones while driving. Councilman Paulson said he would like this added to the action items on the agenda. Council agreed Regular Meetin~ Asoen City Council Seotember 13, 1999 5. Amy Margerum, city manager requested Request for Funds - AACP and Resolution #80, 1999, IGA for the Housing Office be taken off the consent calendar and placed on the action items. Ms. Margerum requested Council add to the consent calendar a Resolution on the Anderson purchase. Councilman McCabe moved to add Resolution #86, Series of 1999, Execution of the Anderson property purchase to the consent calendar; seconded by Councilman Paulson. All in favor, motion carried. 6. Amy Margerum reminded everyone of the Community Picnic September 15, Paepcke Park, 4:30, food and a band. 7. Councilman McCabe suggested an executive session at the end of the meeting to discuss personnel issues and replacement procedures for a city manager. 8. Mayor Richards reported she attended a Club 20 meeting, which was productive and informative. Mayor Richards reported she met with the marketing director of DIA, who has identified Aspen as a market that can carry more airline service, especially internationally. There will be a regional transportation access forum in January. Mayor Richards said Club 20, as well as Pitkin County, has passed a resolution in support of the state bonding bill for highway project. Mayor Richards suggested Council also pass a resolution in support. 9. Amy Margerum, city manager, reported the code amendment for accessory dwelling units was originally scheduled for this meeting. It will be on the October 12th agenda so that staff can have more discussions with the community before this comes to Council. CONSENT AGENDA Councilman Hershey moved to read Ordinance #37, Series of 1999; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE No. 37 (SERIES OF 1999) AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE REZONING OF THE MOORE SUBDIVISION 2 Regular Meetin~ Asoen City Council Seotember 13, 1999 ·Tl~e consent catenaaris: Ordinance #37, 1999 - Moore Rezoning · Appointment to Asset Planning Committee - Liz Collier · Healthy Mountain Communities Grant · Resolution #76, 1999 - Cost Reimbursement Agreement with Holy Cross Energy · Resolution #77, 1999 - Purchasing Agent Agreement MEAN · Resolution #78, 1999 - WAPA Purchased Power Contract Amendments · Resolution #79, 1999 - Contract -Pedestrian Safety Improvements · Request for Funds - CAST Magnesium Chloride Study · Kids First Advisory Board member Appointment - Monica Cohan · Resolution #81, 1999 - Withdrawing Smuggler Underground Question from Ballot · Resolution #82, 1999 - Heating Contract Red/Yellow Bricks Performance Technologies · Resolution #83, 1999 - CDBG Grant - Aspen Country Inn · Resolution #84, 1999 - ½ Cent Sales Tax Expenditures · Resolution #86, 1999 - Anderson Property Purchase REOUEST FOR FUNDS - Silver City Gymnastics Tim Anderson, recreation director, told Council the Red Brick gym has been very successful. Programs include a climbing wall, gymnastics with over 200 children, aerobics classes, and basketball. Due to this success, there have been safety conflicts between programs and participants. One solution, on a trial basis, was to move the basketball program to the Aspen Club. This allowed the gymnastics program to expand and operate more safely. 3 Regular Meetin~ Asoen City Council Seotember 13, 1999 Anderson requested $5,000 for continued basketball at the Aspen Club and continued programs at the Red Brick. Jim True, representing the Silver City Gymnastics, emphasized this is a safety issue and since the basketball program has moved to the Aspen Club, the situation at the Red Brick has improved. This solution has made it more safe for everyone, gymnastics, basketball, and climbers. True requested funding for the next year so that the gymnastics program can know the safety issue is resolved. Lennie Weinglass said this is one of the best programs in the community for children. The safety issue is very important. The program has increased from 60 children to over 200 in the last 5 years. Andrew Kole said the basketball players are satisfied using the Aspen Club. The basketball players would prefer to stay as a city program. Mayor Richards said sales tax revenues have been flat in 1999 and there is a zero percent budget increase for 2000. There will be a shortfall in revenues over expenditures for 2000. This request would add $5,000 to the recreation budget which will compete with other recreation programs. Weinglass offered to subsidize $2,000 towards this solution. Mayor Richards suggested Council fund $2500 and let the recreation work with the two user groups to make up the $2500 difference, perhaps with small increase in user fees. Weinglass said he will make his contribution $2500. Mayor Richards moved to allocate $2500 from the general fund reserves towards the cost of continuing the basketball program at the Aspen Club, which will be matched by a $2500 contribution from Boogie' s diner, Lennie Weinglass, on behalf of all the user groups, and the city' s contribution will become part of the recreation base budget for future years; seconded by Councilman Hershey. All in favor, motion carried. Councilman Markalunas said it is great to know things can work in Aspen by mutual cooperation. ORDINANCE #38, SERIES OF 1999 - Section M Amendment Aspen Mountain PUD Councilman Hershey recused himself due to a conflict of interest. Julie Anne Woods, community development director, told Council this is an extension to allow the demolition of the Grand Aspen to be put off until 4 Regular Meetin~ Asoen City Council Seotember 13, 1999 October 1, 2000. This will allow Savanah more time to get the Aspen Mountain PUD through the review process and will not leave a hole at the base of the mountain. This will also allow seasonal housing at the Grand Aspen to be used by two community groups - Aspen Skiing Company and the Music Festival. John Sarpa, representing Savanah Limited Partnership, told Council they were contacted by the Aspen Music Festival about using the Grand Aspen one more summer. Sarpa told Council the applicants had been working on document for a demolition permit when they were contacted by the Music Festival. The applicants were also contacted by the Ski Company to use this as employee housing this winter. Sarpa said there are details that need to be worked out. Sarpa said there are also extensions for final approvals of the rest of the Aspen Mountain PUD. Sarpa said it is more reasonable to expect the final review of the Aspen Mountain PUD to be complete summer 2000. Ms. Woods told Council P & Z encouraged Council to approve this extension. Sarpa told Council he has received a request to continue the existing business of Maxfield' s. Sarpa said this should be a discussion of Council. Mayor Richards said she is concerned abom the date of issuance of building permits for affordable housing being extended to April 2001. Mayor Richards said Council's position has been that these affordable housing units are not mitigation but are long overdue and they should stick to the original schedule. Sarpa said they would object to that. Sarpa told Council Bavarian Inn has been approved by P & Z and it will be before Council at the next meeting. Sarpa said Savanah will not move forward with the Bavarian until they know what is happening with the rest of the PUD. Mayor Richards said she would not to extend the demolition of the Grand Aspen to benefit the Ski Company and the Music Festival at the same time shortchanging the public for affordable housing Doug Niehasle, Aspen Lodging Company, reminded Council he appeared in 1995 and 1998 in opposition to extending the demolition of the Grand Aspen. Niehasle said the exterior of the building is falling down and there is lack of any type of maintenance. There are repair items that have not been fixed in 4 years. Niehasle said only the noah side of the building, which faces town, is kept up at all. Niehasle said if anyone takes over the property for the next year, they should keep it up to acceptable condition. Ruth 5 Regular Meetin~ Asoen City Council Seotember 13, 1999 Krueger, general manager, told Council she does not agree with this and has had the property maintained for the past two years. Councilman Paulson asked about employees currently living in the lodge. Sarpa said there will be no lodge for them to be employees of and they will be asked to leave. Ms. Kmeger said there are only two tenants in the hotel and they are planning to leave. Councilman Paulson said he would like to see existing tenants be allowed to say. Dave Bellack, Aspen Skiing Company, told Council they have talked to the current maintenance staff and offered them jobs to continue. Councilman Paulson said he would also like the two businesses, Maxfields and the Hair Salon, be able to stay. Bellack told Council the Ski Company does not have an objection to the two existing businesses staying. Bellack said the Ski Company plans to rent only to their employees and to give first preference to people who do not have cars. These will be 150 single occupancy units; the extra beds will be placed in storage for summertime use. The Ski Company plans to have one resident manager and two maintenance personnel Councilman Markalunas moved to read Ordinance #38, Series of 1999, seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE #38 (SERIES OF 1999) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN EXTENSION OF THE CONSTRUCTION DEADLINES, INCLUDING THE DEMOLITION DEADLINE FOR THE "GRAND ASPEN HOTEL" FROM OCTOBER 1, 1999 TO OCTOBER 1, 2000, THEREBY AMENDING SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO. Councilman McCabe moved to adopt Ordinance #38, Series of 1999, on first reading including; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; McCabe, yes; Paulson, yes; Hershey, yes; Mayor Richards, yes. Motion carried. 6 Regular Meetin~ Asoen City Council Seotember 13, 1999 ORDINANCE #39, SERIES OF 1999 - Code Amendment Lodge Preservation Councilman Paulson moved to read Ordinance #39, Series of 1999; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE N0.39 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO, TO AMEND THE GROWTH MANAGEMENT QUOTA SYSTEM, SECTION 26.470 OF THE LAND USE CODE, AMEND THE LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICT, SECTION 26.710.320, AMEND THE DEFINITION OF "LODGE," SECTION 26.104.100 OF THE LAND USE CODE, AND AMEND THE OFF- STREET PARKING REGULATIONS, SECTION 26.515.030 OF THE LAND USE CODE. Chris Bendon, community development department, reminded Council the lodge preservation program was initiated in 1996. This was a 3 year program to allow lodges in the LP zone to expand, to redevelop, or to convert to uses in the underlying zone district. This LP program has expired. In that 3 years, 6 lodges applied for land use change 3 lodges were converted to flee market housing, 1 was rezoned to affordable housing and 2 have received approval for more rooms. In April 1999, Council met with small lodge owners and set goals for a new lodge preservation program. This was structured on the old program and addressed some of the shortcomings of the expired program. Bendon showed a map with 22 LP parcels, which are scattered through town. Bendon said the program uses the LP overlay, allowing properties to go through a minor PUD process. The PUD amendment will allow for flexibility in redevelopment of lodge properties. Owners of these properties can establish their zoning requirements before P & Z and Council. The revised growth management program allows lodge rooms, affordable housing units to be added and to maintain a credit through growth management for a tear down and replacement. The criteria for granting lodge allotment will be that there are enough units, a credit for existing lodge rooms that have been demolished, this is an incentive for lodge owners who want to stay in the lodge business. Bendon told Council the 7 Regular Meetin~ Asoen City Council Seotember 13, 1999 prior lodge preservation program ended with a 27 unit pool available. Staff recommends keeping these 27 units adding an additional 11 units per year. This first year there would be 38 units available. Bendon noted this program is important because of the loss of lodge units in Aspen. Bendon reminded Council there was concern at the work session about a de facto conversion of lodge rooms to residential. The current lodge definition allows for both long and short term rental. There was a recommendation to amend the lodge definition to short term of up to one month. Bendon said concern was that lodges that are rented out to one entity, like to the MAA for the summer, might be precluded from doing that. Bendon said the definition should be changed to six months of any year there could be a long term residential lease and the other six month will continue to be short term rentals. Bendon said there has been concern about condominiumization of units and the effect of that on the rental base. Bendon noted if the use is lodge, the building is a lodge regardless of how it is owned. State Statute says different types of ownership cannot be treated differently. Long term residency is not a lodge use. Mayor Richards asked if the city could require employee housing mitigation if one were to convert a lodge to housing. Bendon said the change in use regulations state there can be a change in use as long as no more than one free market residence can be created. Mayor Richards asked where the 11 new lodge units come out of in the growth management pool. Bendon said there would be a new allocation for small lodge units so that they do not have to compete with the larger projects. Councilman Markalunas said he feel the 6 month restriction may be too restrictive. Small lodges should be able to have some amount of residency. Herb Klein, representing small lodges, said there is general support with the code amendment; however, he does have a problem with the definition of long and short term. The problem with the definition is that a lodge would get a budget of 6 months to use and could not rent long term to both the MAA and Ski Company in one year. Klein said he thought the objective was that a lodge could have a lease that could not exceed six months of its term. Mayor Richards agreed this issue needs more work. The city is trying to get away from units taken out of the lodge pool and being rented long 8 Regular Meetin~ Asoen City Council Seotember 13, 1999 term at high rates. This will affect the neighbors with more parking and impact of a resident. Dave Bellack said the city needs to be carerid that the six month exception does not swallow the rule. Bellack said the city should also look out for an exemption for affordable housing; one could eliminate a lodge, rezone it AH and still get some free market units out of the deal. Bendon said affordable housing is a conditional use and would have to be reviewed by P & Z. Bob Morris, representing the Hotel Aspen, said they support the ordinance. It creates flexibility to get additional lodge units. Councilman Paulson moved to adopt Ordinance #39, Series of 1999, on first reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Paulson, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. REQUEST FOR FUNDS -AACP Julie Ann Woods, community development department director, presented a supplemental budget request for the Aspen Area Community Plan update completion. These suggestions came from the work session with both P & Zs, the BOCC and Council on the areas in which they would like to see more work The units and suggested consultants are future land use map, Dave Michaelson Otak Rock Creek $9,000; GMQS White Paper, Eric Kelly, $10,000; Population estimates Bob Schultz $1400; infill white paper $8,000, Desktop publishing & printing $15,000; miscellaneous $1,000 for a total of $44,400. The county will contribute one-third the total costs. Councilman Hershey said his concerns are that OTAK, Bob Schultz, and Dave Michaelson seem to be hired all the time. Bob Schultz has already done a population estimate for the rail studies. Councilman Hershey said OTAK Rock Creek has already been paid for land use maps. Councilman Hershey noted his concern for continuing to pour money into a plan that is advisory and is only a recommendation. Ms. Woods told Council the future land use map is very important and Michaelson has done projects like this in the valley. Ms. Woods said this could be done in house but there will have to be modifications to the GIS layers and present tasks will have to be removed from GIS. 9 Regular Meetin~ Asoen City Council Seotember 13, 1999 Councilman McCabe said the Boards, BOCC and Council have given staff a time frame in which to have the AACP complete and due to other commitments, staff will have to go outside in order to get this done in time. Councilman McCabe said the land use maps should be done so that the city can get this data electronically when the project is done. Ms. Woods said for the population estimates, the tables will have to be redone for urban growth boundaries and based on traffic zones. This is a level of refinement to give the P & Zs more comfort. Councilman Hershey said he feels it sends dangerous message to the community to keep using the same consultants. Councilman Markalunas said decisions about consultants should be based on performance outcome rather than association. Councilman Hershey suggested this item be tabled so that the consultants can come before Council and explain what Council will be getting. Mayor Richards agreed she is concerned with the community acceptance of the AACP and would like this Council be able to adopt the AACP unanimously. Amy Margerum, city manager, suggested Council eliminate the population estimate portion of the contracts. The city and county have had many population estimates done and the numbers are not that far off. It is the P & Zs that want a number. Council could accept a range rather than having another population estimate done. The current estimates validate each other and are within 2 or 3 percent. There are 3 different sources on population, CIS study, Barbara Cole and sanitation numbers, and they are all very close. Mayor Richards said she would be concerned about P & Z not endorsing the AACP if they do not like the population estimates. Councilman Paulson said this request came from the city and the county P & Zs. The request for population estimates total $1400; approving this request would support the AACP and the P & Zs. Councilman Hershey asked if the population numbers will have any future use. Ms. Woods said the numbers should give an assurance on how big the community will get and can that growth be handled. Mayor Richards moved to approve funding towards the completion of the AACP, taking into account a Pitkin County contribution of one-third; $9,000 future land use mapping; $10,000 growth management quota system white paper; $8,000 infill white paper; $15,000 desktop publishing and printing and $1,000 miscellaneous expenses; seconded by Councilman Hershey. All in favor, motion carried. 10 Regular Meetin~ Asoen City Council Seotember 13, 1999 Councilman Markalunas moved to allocate $1400 for population estimates for the AACP; seconded by Councilman Paulson. Councilman McCabe said the same consultants names come up again and again and he does wonder how the public perceives this. Mayor Richards suggested checking with the P & Z to make sure they will accept these population estimates before the money is spent. Roll call vote; Councilmembers Hershey, no; Paulson, yes; Markalunas, yes; McCabe, no; Mayor Richards, no. Motion NOT carried. Mayor Richards moved to approve $1400 to be spent with Bob Schultz with the understanding the planning director check in with both P & Zs to make sure they will be comfortable with selection of this consultant for the final endorsement of the numbers generated; seconded by Councilman Hershey. If P & Zs are all right with, the contract will go forward. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. RESOLUTION #80, 1999 -,Amended IGA Pitkin County Housing Authority Councilman McCabe said he has some concerns about this intergovernmental agreement and how these are structured; how the housing office is managed between the city, the housing board, the executive director and the construction manager. Councilman McCabe said he has discussed this with the executive director, who is willing to go forward with the IGA. The city manager is dedicated to making this work. Councilman McCabe said he is willing to move forward with this agreement and give it an opportunity to work, to try new things and to make the agreement work. Councilman McCabe moved to adopt Resolution #80, Series of 1999, approving the IGA for the housing office; seconded by Councilman Hershey. David Schoenberger said he feels the community is not aware of what is being done with the resolution and it contradicts what was done in 1989. Schoenberger said having the Council control the housing authority, to hire the executive director, is unfair to the community. Schoenberger said 11 Regular Meetin~ Asoen City Council Seotember 13, 1999 having the city and county manager above the executive director causes undue stress. Schoenberger said the 1989 housing agreement states that the separate governmental housing attthority will be a political subdivision separate from the city and county. Schoenberger noted this contradicts what Council is doing. Putting the housing attthority under the city is making the city the political entity controlling that attthority. Schoenberger said changing the original IGA and changing the power of the housing authority should alarm the community. Marcia Goshorn said she supports this revised IGA; the elected officials are ultimately responsible for the tax dollars being spent. There should be an accountability on how this money is spent. This is not a power struggle between the housing board and the elected officials but should be a way to use every resource in the community to get housing built. Tim Semrau, housing board member, said the housing board should be more independent; however, Council is taking more responsibility for the housing program. This IGA makes it official that the Council should have more control over the program. Mayor Richards said she supports this IGA; the housing board will maintain its independence. Mayor Richards said with all the issues before the housing board, there was no time for administrative oversight. This should give the housing board more time to work on projects and on policy. Mayor Richards agreed this gives Council a direct line of fiduciary responsibility. Councilman Paulson asked if this arrangement has been reviewed by legal staff. Amy Margerum, city manager, said this has been reviewed by the city and county attorneys and by the attorney to the housing board. Mary Roberts, housing director, told Council there are many different models of housing authorities in Colorado and there are other examples with this type of relationship with the city. The city attorney and housing board attorney were careful to make sure that the IGA maintains an atttonomy for the program. Councilman McCabe said he feels very good about the people involved and their commitment to make this arrangement work. All in favor, motion carried. USE OF CELL PHONES IN THE CITY Councilman Paulson requested this come back to Council with a recommendation from staff on how to proceed. Councilman Paulson said he 12 Regular Meetin~ Asoen City Council Seotember 13, 1999 has received numerous phone calls on the safety issue associated with using cell phones and driving. Mayor Richards requested staff research this to see if other municipalities have passed laws regarding cell phone use. Councilman Paulson said he would like to see this back within 30 days. Councilman Hershey said he supports the concept; however, there are some federal and state jurisdictional issues. Councilman Markalunas said he supports this and is concerned about public safety. RESOLUTION #85, SERIES OF 1999 - Temporary Use Permit - Kolor Wheel Chris Bendon, community development department, told Council they have the ability to approve a temporary use permit for up to 6 months. This is an application for 720 East Durant. The Kolor Wheel business is an instructional ceramic finishing studio. The applicants would like to move the business into another space. Bendon said temporary use permits requires certain criteria be met, one is that the use is consistent with the purpose of the zone district. Bendon said staff recommends the temporary use permit be denied because this use is not consistent with the NC zone. Bendon told Council this use is not defined in the city' s land use code. Bendon said in his original conversations with the applicants, he indicated he had no issues with this use. Bendon said he was not representing the entire community development staff. Staff feels about the SCI debate of protecting zone districts and their uses from increasing retail and commercial core uses, that the NC zone district was not intended to serve this type of use but is to serve daily, trade uses. Kathie Schulman, Kolor Wheel, told Council they have been located in the NC zone since May. This is a place for children to get education, to have a craft and a useful ceramic to take home. Kolor Wheel has been very well received. This is a good location because people are doing errands all around the area. Ms. Schulman told Council they looked all over the CC zone and also tried to find someone to share space. Ms. Schulman told Council they intend to pursue a long-term lease. Melinda Goldrich told Council they have repeat business from schools and camp groups. They also get referrals from lodges. Bendon told Council if the applicants want to stay longer than six months, they will have to pursue a code amendment. Ms. Schulman said the location is good because it is on 13 Regular Meetin~ Asoen City Council Seotember 13, 1999 several bus romes and within walking distance of Rubey Park. Ms. Goldrich said they would like a permanent location so that they do not have to keep moving their equipment and alerting customers to their space. Councilman McCabe said Council has just fought the SCI battle. This use seems to be a perfect one for the SCI zone. Councilman McCabe said if the city keeps ruling by exception, there might as well be no rules. The SCI zone was being eroded for uses it was not intended for; the original purpose kept getting smaller and smaller. Julie Ann Woods, community development director, told Council the CC, C-1 is intended for this type of use. The NC zone is not intended for this use. Ms. Woods encouraged the applicant to look for spaces in zones that would fit this use. Councilman Hershey said he feels this is a very unique business that does not fit in the land use code. Councilman Hershey said the business is an asset to the community and he would support the temporary use permit. Mayor Richards noted a temporary use permit is for six months only. P & Z could turn down a code amendment. The applicants should be careful in signing any long-term lease in case the code amendment is not approved and the approval for the use lapses. Ms. Schulman said they opened this business with a risk; they knew they were in a temporary space. The owners intend to keep making this business a success and they will do whatever they can to continue on in this vein. Ms. Woods noted staff is not likely to support this use in the NC zone through the process. Councilman McCabe said playing with the zone districts is not in the community' s best interest. Councilman Paulson said he has problems distinguishing between this use and the video rental store. Councilman Markalunas said he support this, at least on a temporary basis. Councilman Markalunas said he feels this use is comparable to artists' studio. Councilman Hershey moved to adopt Resolution #85, Series of 1999, a temporary use permit for Kolor Wheel with the direction to the applicant to proceed forward with a code amendment, if that is their decision; seconded by Councilman Paulson. Mayor Richards said she supports this as a unique business. Mayor Richards said she does not know whether she would support a permanent code amendment. 14 Regular Meetin~ Asoen City Council Seotember 13, 1999 All in favor, with the exception of Councilman McCabe. Motion carried. Councilman Hershey moved to suspend the rules and extend the meeting to 9:35 p.m.; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE #35, SERIES OF 1999 - Code Amendment - Planned Unit Development Chris Bendon, community development department, told Council planned unit development is the largest review process in the land use code. PUD encourages flexibility in design of development and is a negotiated process with P & Z and with Council. This amendment widens the PUD section and extends it to lodge preservation districts. This allows minor PUD and allows LP property to go through a PUD to establish their zone requirements. This will apply to the entire PUD section. Mayor Richards opened the public hearing. Jim Lester, representing the Christiana, told Council they support this code amendment particularly the inclusion of lodge preservation in this. Mary Roberts, housing office, also supports this code amendment, particularly allowing increase in density to allow more units in small sites in the core of the city. Bendon pointed out the current PUD regulations do not allow density or FAR to be varied. This ordinance would allow these to be varied; P & Z recommended FAR could be varied but density could not be varied. Tim Semrau said this would allow more flexibility with an AH/PUD project. Bendon said communities with successful PUDs use density and FAR in negotiating with developers. This allows Council to approve that density but it does not require it. Staff' s recommendation is different from P & Z's in the density issue. Mayor Richards noted this gives staff more ability to change a PUD after it has been approved. This insubstantial amendment will go to P & Z. There is an appeal procedure to Council. Mayor Richards asked if surrounding property owners can appeal or just the developer. Julie Ann Woods, community development director, suggested the appeals section be referenced to allow either party to appeal a decision to Council. 15 Regular Meetin~ Asoen City Council Seotember 13, 1999 Mayor Richards asked if P & Z felt that the criteria are strong enough to give them review over all elements affecting the community. Bendon said P & Z reviewed and amended the criteria. Mayor Richards asked if there is an ability to reduce density on slopes and drainage. Bendon said the Code does have a reduction density for steep slopes but the Code does not state where that development can occur on the site. Bendon said this amendment deals with density, not site planning of the units. Mayor Richards questioned the lighting (f) on page 9, stating lighting that calls inordinate attention to a property is discouraged. Mayor Richards suggested this be prohibited. Bendon said this could be prohibited for residential development and not commercial development. Mayor Richards closed the public hearing. Councilman McCabe moved to adopt Ordinance #35, Series of 1999, code amendment PUD section with lighting section to change to prohibited for residential development and to change the public appeals section to give affected parties the right to appeal P & Z rulings on insubstantial amendment; seconded by Councilman Paulson. Roll call vote; Councilmembers Hershey, yes; Paulson, yes; McCabe, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. Councilman McCabe moved to suspend the rules and continue the meeting to 9:40 p.m.; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE #34, SERIES OF 1999 - Code Amendment Definitions; Signs and Window Displays Julie Ann Woods, community development director, reminded Council this code amendment is a follow up from Council' s previous action on interpretation of back lit signs. Ms. Woods said Council was clear they did not want staff to enforce window displays. This amendment makes it clear windows displays are not considered signs and are not subject to the sign regulations. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. 16 Regular Meetin~ Asoen City Council Seotember 13, 1999 Councilman Hershey moved to adopt Ordinance #34, Series of 1999, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; Hershey, yes; McCabe, yes; Mayor Richards, yes. Motion carried. Mayor Richards suggested staff send a letter to the ACRA orelining the lighting changes. Councilman Paulson moved to go into executive session to discuss personnel issues at 9:25 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Kathryn S. Koch, City Clerk 17 Regular Meetin~ Asoen City Council Seotember 13, 1999 CITIZEN PARTICIPATION .......................................................................1 COUNCILMEMBER COMMENTS ...........................................................1 CONSENT AGENDA .................................................................................2 · The consent calendar is: Ordinance #37, 1999 - Moore Rezoning .......3 · Appointment to Asset Planning Committee - Liz Collier .....................3 · Healthy Mountain Communities Grant .................................................3 · Resolution #76, 1999 - Cost Reimbursement Agreement with Holy Cross Energy ............................................................................................3 · Resolution #77, 1999 - Purchasing Agent Agreement MEAN .............3 · Resolution #78, 1999 - WAPA Purchased Power Contract Amendments 3 · Resolution #79, 1999 - Contract -Pedestrian Safety Improvements .....3 · Request for Funds - CAST Magnesium Chloride Study ......................3 · Kids First Advisory Board member Appointment - Monica Cohan .....3 · Resolution #81, 1999 - Withdrawing Smuggler Underground Question from Ballot ...............................................................................................3 · Resolution #82, 1999 - Heating Contract Red/Yellow Bricks Performance Technologies .......................................................................3 · Resolution #83, 1999 - CDBG Grant - Aspen Country Inn .................3 · Resolution #84, 1999 - ½ Cent Sales Tax Expenditures .......................3 · Resolution #86, 1999 - Anderson Property Purchase ...........................3 REQUEST FOR FUNDS - Silver City Gymnastics .....................................3 ORDINANCE #38, SERIES OF 1999 - Section M Amendment Aspen Mountain PUD .............................................................................................4 ORDINANCE #39, SERIES OF 1999 - Code Amendment Lodge Preservation .................................................................................................7 REQUEST FOR FUNDS - AACP ...............................................................9 RESOLUTION #80, 1999 - Amended IGA Pitkin County Housing Authority ....................................................................................................11 USE OF CELL PHONES IN THE CITY ....................................................12 RESOLUTION #85, SERIES OF 1999 - Temporary Use Permit - Kolor Wheel .........................................................................................................13 ORDINANCE #35, SERIES OF 1999 - Code Amendment - Planned Unit Development ...............................................................................................15 ORDINANCE #34, SERIES OF 1999 - Code Amendment Definitions; Signs and Window Displays .......................................................................16 18