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HomeMy WebLinkAboutminutes.council.19990628Regular Meeting Aspen City Council June 28, 1999 CITIZEN PARTICIPATION ........................................ ~ ............. 1 COUNCILMEMBER COMMENTS .............................................. 1 CONSENT CALENDAR ........................................................... 2 Ordinance #27, 1999 - 121 N. Fifth Historic Landmark Lot Split .... 4 Request for Funds - Wheeler Needs Assessment ......................... 4 Resolution #55, 1999 - Contract - Affordable Housing - 7th and Main Architecture ......................................................................... 4 Non-Profit Grants Review Appointments .................................. 4 Ordinance #29, 1999 - Code Amendment - Delivery Vehicles ........ 4 Ordinance #30, 1999 - Code Amendment, Exempting Trash Enclosures from Bldg. Code .................................................... 4 Allocation for Housing Survey .............................................. 4 Minutes- June 14, 1999 ...................................................... 4 ORDINANCE #18, SERIES OF 1999 - Historic Designation 2 Williams ORDINANCE #22, SERIES OF 1999 - Appropriations ...................... 6 ORDINANCE #23, SERIES OF 1999 - Burlingame PUD ...................6 DEPP CONTSTRUCTION IMPLEMENTION ............................... 12 RESOLUTION #56, SERIES OF 1999 - Contract with Harry Teague Architects for Pool Design ........................................................ 17 RESOLUTION #59, SERIES OF 1999 - Wheeler Temporary Use Permit ORDINANCE #24, SERIES OF 1999 - Moore Annexation ............... 18 20 Regular Meeting Aspen City Council June 28, 1999 Mayor Richards called the meeting to order at 5:05 p.m. with Councilmembers Paulson, McCabe, Hershey and Markalunas present. CITIZEN PARTICIPATION 1. Andrew Kole asked if there is a break out of the monies approved by the recreation bond election. Mayor Richards said there is a budget that went with the ballot question. This is not a recreation center but a new pool, snack bar, reception area. 2. Andrew Kole suggested there be some areas where kids can play with their dogs in city parks and not have the dogs on leashes. 3. Aspen Daily News said he would like to discuss the newspaper rack ordinance. Amy Margerum, city manager, told Council this ordinance should be taken off the agenda until a later Council meeting. Councilman McCabe moved to pull Ordinance #28, Series of 1999, from the agenda; seconded by Councilman Markalunas. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Hershey said that civility costs nothing and can buy a lot. Councilman Hershey said there are contentious issues on this agenda and he hopes everyone makes sure the debate is polite and people listen to one another. 2. Councilman Paulson presented Tom McCabe with a poster of Iron Eyes Cody, which he gave to the rest of Council at the previous meeting. Councilman Paulson said this is to remind everyone we live on a finite plan and anything done in this community affects the rest of the world. 3. Councilman Markalunas said this weekend in the Fourth of July, our national Birthday. Councilman Markalunas asked everyone to remember what this country is about and why our forefathers wrote the Declaration of Independence. Regular Meeting Aspen City Council June 28, 1999 4. City Manager Amy Margerum asked that the contract for Pool Design be taken off the consent calendar and put at the end of the meeting. 5. Mayor Richards brought up the needs assessment for the Wheeler Opera House and asked if the consultant is going to look at other facilities that exist within the community in the context of the study. Jon Busch, Wheeler Board, said there is nothing wrong in getting a wish list of community arts groups. Busch noted there are limitations on some of the other existing facilities. Mayor Richards said rather than talk about expansion, the study should consider all facilities in the area. Nida Tautvydas, director of the Wheeler, said the Wheeler staff and Board need to know how they can stay current with users, why people are not using the facility, what the limitations of the Wheeler are. 6. Mayor Richards said Ordinance//29, Series of 1999, Code Amendment regarding Delivery Vehicles is on the consent calendar for first reading. Mayor Richards suggested meeting with CCLC before second reading. This will affect businesses with late night delivery. Mayor Richards said she is interested in how the city intends to enforce this. Councilman Markalunas said the city needs to get control over the trucks and cars in town. Jon Busch, CCLC, told Council they have been on this for two years, have held public meetings and have met with truck companies in town. Busch said this is a compromise and should make things in the commercial core better. CONSENT CALENDAR Councilman Paulson moved to read Ordinances//27, 29 and 30, Series of 1999; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE No. 27 (SERIES OF 1999) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL FOR A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 121 N. FIFTH STREET, LOTS G, H, AND I, BLOCK 24, CITY AND TOWNSITE OF ASPEN Regular Meeting Aspen City Council June 28, 1999 ORDINANCE NO. 29 SERIES OF 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A CHAPTER REGULATING "DELIVERY VEHICLES." ORDINANCE NO. 30 SERIES OF 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY AMENDING THE CHAPTER ENTITLED "WILDLIFE PROTECTION," BY REVISING THE DEFINITION OF "WILDLIFE RESISTANT DUMPSTER ENCLOSURE" were read by the city clerk Councilman Hershey moved to adopt the consent calendar; seconded by Councilman McCabe. The consent calendar is: Regular Meeting Aspen City Council June 28, 1999 · Ordinance//27, 1999 - 121 N. Fifth Historic Landmark Lot Split · Request for Funds - Wheeler Needs Assessment · Resolution//55, 1999 - Contract - Affordable Housing - 7th and Main Architecture · Non-Profit Grants Review Appointments · Ordinance #29, 1999 - Code Amendment - Delivery Vehicles · Ordinance #30, 1999 - Code Amendment, Exempting Trash Enclosures from Bldg. Code · Allocation for Housing Survey · Minutes- June 14, 1999 Roll call vote; Councilmembers Hershey, yes; Paulson, yes; Markalunas, yes; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #18, SERIES OF 1999 - Historic Designation 2 Williams Way Sarah Oates, community development department, reminded Council when this subdivision was reviewed last year, Council wanted staff to look into putting this on the historic inventory. Ms. Oates said this property was annexed in 1992 and the last historic inventory update was 1991. HPC and P & Z both voted unanimously to add this property to the inventory. Ms. Oates said the western most portion of the house is original to the site and is an 1885 building; the central portion is an addition; the eastern portion is also about 1880's but was moved to the site in 1960's. Ms. Oates said a building meets that historic landmark criteria if it is at least 50 years old. Another criteria is that the building be unique. This is one of the few buildings of that type left in the east end. Ms. Oates recommended this be a supporting, rather than contributing, structure to the inventory as its original integrity has been compromised. It may be retrievable Scott Hicks, owner, told Council he does not want another burden put upon this house. It costs an owner money to have his house listed on the Regular Meeting Aspen City Council June 28, 1999 historic inventory. Hicks said there were no significant persons living in the residence. Hicks said any efforts to preserve the character of the neighborhood died years and years ago. Hicks noted that one-third of this structure was moved to the site in the 60's and the middle portion is an addition. The property is very removed from other historic structure and is removed from the community. Hicks said he does not have intentions to make any changes to the house but does not want to be listed on the inventory. Hicks said he already has governmental control with an easement to Williams Woods and an easement to the park. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Paulson said many people feel it is an honor to be listed on the historic inventory and in the long run it will help. Councilman Paulson said a community is about people preserving things. Councilman McCabe sympathized with the applicant as this structure is not high on contributing to historic inventory list. The relevance to the character of Aspen is fairly small. Councilman McCabe said this does not go along with trying to reduce the amount of government regulation in everyday life. Councilman Markalunas said this was his grandfather's house and his aunt and uncle were raised in the house. Councilman Markalunas said Aspen has a lot of unique character and history that ought to be preserved. Councilman Markalunas said his grandfather brought the first radio receiver in Aspen and also did some significant mining and Aspen's heritage is mining. Mayor Richards noted there is quite a bit of FAR left on this lot which could be a motivation by some other owner to demolish this structure and triple it in size. Mayor Richards supports adding this to the historic inventory and upholding the HPC's recommendation. Councilman Paulson moved to adopt Ordinance//18, Series of 1999, on second reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Markalunas, yes; Hershey, yes. McCabe, no, Paulson, yes; Mayor Richards, yes. Motion carried. Regular Meeting Aspen City Council June 28, 1999 ORDINANCE//22, SERIES OF 1999 - Appropriations Tabatha Miller, finance director, noted a word change in the title to indicate that the transfer of $1.4 million from the Wheeler to the general fund is a loan at 5 percent interest. Councilman Hershey moved to amend Ordinance//22, Series of 1999, as outlined by Ms. Miller; seconded by Councilman Paulson. All in favor, motion carried. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Paulson moved to adopt Ordinance//22, Series of 1999, on second reading as amended; seconded by Councilman Markalunas. Roll call vote; Councilmembers McCabe, yes; Paulson, yes; Markalunas, yes; Hershey, yes; Mayor Richards, yes. Motion carried. ORDINANCE//23, SERIES OF 1999 - Burlingame PUD Chris Bendon, community development department, reminded Council at first reading the issue of including a carport into the berm to provide more open space for residents was raised. Bendon said this could be done by pushing the stacked parking into the berm. Staff believes it is a good idea; however, it is more expensive. Jim Curtis, representing the applicant, noted the building model is exhibit //6, the site plan model exhibit//9; the final PUD drawing exhibit #10. Curtis noted the stacked parking is pushed into the berm. There is an 8- foot retaining wall, which goes down to 0 feet, and the parking does encroach into the berm. Curtis said the next level up would be a full carport. Going farther into the berm would become quite expensive because of holding up heavy dirt, snow loads and irrigation. This is not a simPle carport and would increase costs between $250,000 and $300,000 because the applicants would need to build in essence a concrete bunker. Curtis said he feels the $250,000 would be better spent in more housing. Curtis said the improvement to the site plan of doing a carport for functionality is quite small. Regular Meeting Aspen City Council June 28, 1999 Bendon said there was a concern about the amount of open space provided. None of the open space in the plan technically qualifies under the city's open space definition because one cannot change grade and call it open space. Bendon said what is important to staff is the amount of space open and available to residents in a project. Curtis noted he is using exhibit #14 on which the design team attempted to quantify the amount of open space on the property. Exhibit #14 identifies common open space and areas of disturbance from all 3 plans presented to the city. Curtis said this graphic defines open space as places for people to meet and to congregate. The plan with the most amount of courtyard and commons area is the current plan. The original PUD plan had 40,850 square feet; 3 story plan 44,710 square feet; present plan 48,470 square feet. This area is identified on the exhibit in grey. Curtis said breaking the building into small modules gives more flexibility to locate them on the site more efficiently. Curtis said another area of concern was the amount of disturbance. Curtis noted the original PUD plan had a footprint that was a balloon and could keep expanding. The next two plans pull the balloon back in. The level of disturbance in the original plan was 287,000 square feet; disturbance in the next two plans was 256,000. This plan has an equal amount of disturbance with the 3-story plan and less than the original PUD plan. The design team feels strongly the plan on the table is the most livable plan; it creates the most privacy with small cottages, it deals with the bulk and mass in a better way than the 3-story more typical suburban design; it has the best mitigation for sound with smaller, lower, depressed buildings, and it has the most usable open space. Bendon said Council was concerned about the access to the pedestrian underpass and whether a trail should be formalized over the berm. Bendon said providing a concrete trail over the berm would be expensive, redundant and somewhat unsafe because of the grades. Cutting into the berm to deal with the grade would take away the benefit of the berm. Bendon suggested a crusher fine or road base path across the berm would be acceptable. The ordinance would not need to be changed to accomplish 7 Regular Meeting Aspen City Council June 28, 1999 this. Bendon said this can be done now or wait a season to see where people walk. Bendon said the applicant has an issue with the school impact fee. Bendon said the assessment of school impact fees is not discretionary by Council. What Council may find is whether these are dormitory units, which are not subject to school impact fees. The community development director found these are not dormitory units as they have alt the primary elements of living; full kitchen, full bath, living room, individual sleeping rooms. The applicant said as part of the development they will construct a pedestrian path along the west side of highway 82 to connect the pedestrian underpass path to the Buttermilk transit center, if the city can get the appropriate easements. Bendon told Council the applicants would like to apply some of the park development fees toWard that. Bendon said staff agrees with this. The trail needs to be done in coordination with CDOT and the Buttermilk master plan. Bendon told Council the applicants are questioning the manner in which the park impact fee is calculated. Bendon said the original project consisted of 50 four-bedroom units with a park impact fee of $184,425. Council and P & Z requested the units be changed two-bedroom units. This increases the impact fee over $90,000. The applicant requests that the increased fees be waived as a benefit for changing the design, for the benefit of affordable housing and to reward the design decision. Bendon said this is in Council's discretion; however, it is a fair request as the plan is a much better design. Council questioned green architecture and combining buildings for energy efficiency. Bendon told Council because of better technology there is relatively little benefit in attaching units. The majority of energy that can be saved in building structures comes from the products that are used and where they come from. There are benefits in heating and lighting systems. Curtis said the objective in this project is to do a well designed, well constructed, environmentally responsible, cost effective, livable project. Michael Hassig, architect, referred to exhibit #15 which is a collection of bullet points addressing all the design strategies. Hassig said these units Regular Meeting Aspen City Council June 28, 1999 are about 240 square foot per person and right at the limit of what is livable. Hassig said modular buildings are efficient uses of resources. roofs will be super insulated; the building materials utilize recycled products when available. Hassig said they are using cut and fill on property which will save in truck traffic. The Bendon said staff feels the site plan has evolved in a positive way since conceptual. Besides the individual courtyards, the site plan eliminates the fire department access from the back of the property and utilizes the courtyard for that. Bendon noted this site works well for transit. If the Buttermilk intersection is not completed at the time this project gets a CO, the city will require transit service be provided to the site. Bendon said there was concern about levels of noise from the airport, approximately 75 decibels on site at a peak level when a plane is taking off for 15 to 30 seconds. Bendon said with general construction practice and the berm, the interior peak level will be 50 dba. Bendon told Council the applicant said they will accomplish a 40 dnl interior sound level which is below the industry standard of 45 dnl. This has been included as a condition of the ordinance. Bendon pointed out changes in the ordinance since first reading, amending condition//7 referring to the 40 dnl interior sound level prior to issuance of a co. Condition #9 has been amended to note that construction techniques do not interfere with the airport. Conditions #14 provides for the PUD amendment by the community development director for location of off-sim parking spaces. Page 6, condition #26 is amended to refer to the trail connection and if the applicant is not able to acquire easements on property owned by the Maroon Creek Club for trail improvement, the applicant agrees to pay all costs to acquire the easements. Condition #27 governs the rental rates. Condition #30 deals with the park development fee being based on 101 two bedroom units. This is the condition the applicant has requested Council modify. Condition #31 requests the applicant provide construction documents so that the contractor is knowledgeable about the conditions and that the contractor presents a letter stating they are familiar with these conditions. Regular Meeting Aspen City Council June 28, 1999 John Worcester, city attorney, proposed an amendment having to do with the finding of act for the accessibility for the disabled. Worcester noted there are 4 or 5 laws which apply to this project. The project does comply with the Americans with Disabilities Act, Federal Fair Housing Amendments Act, CRS and the UBC. The project will comply with the ADA, with the UBC. The state statute requires if a project does not comply that there is a finding of fact that the project does not need to. The amended languages is, "Whereas the Burlingame seasonal housing project will provide 4 type A and 50 type B accessible dwelling units as defined by the 1997 Uniform Building code and whereas full compliance with the requirements of Section 9-5-101 et. seq. Colorado Revised Statutes, would subject an undue hardship on the taxpayers of the City of Aspen for the cost of such compliance in relation to the benefits that persons with disabilities are derived from such compliance, the Burlingame seasonal housing project is exempt from full compliance with the provisions of 9-5- 101 et seq. Colorado Revised Statutes. Worcester said this statute requires 14 type A accessible units as opposed to 4 type A units. Worcester noted there will be 50 type B accessible units. Hassig said type B unit provides for wheelchair access to the unit and to the bathrooms and is less onerous in dimensional standards. Type A units are 75 to 100 square feet larger to provide large scale turning radii. Hassig said if these units are treated as apartments, the CRS applies; if they are treated as dorm units, ADA applies. This project is in between the two and there are overlapping jurisdictions. This project exceeds any in accessible units that have been done in the valley. If the amendment is accept, 4 units that fully comply and the balance of the ground floor units meet the dimensional criteria. Worcester reiterated this project complies with the ADA,. The Federal Fair Housing Act, the UBC and will comply with the CRS if Council adopts the amendment. Mayor Richards opened the public hearing. Mickey Herron, representing the Maroon Creek Limited Liability Company, entered into the record a memorandum with exhibits. Herron said they would like Council to address the issues in his memorandum before they make a decision on this ordinance. 10 Regular Meeting Aspen City Council June 28, 1999 The first issue is the jurisdiction. Herron reminded Council the process was started prior to the city annexing the property. The city could have had the county review it. Herron said the Maroon Creek Club feels a petition for annexation should have been found valid before the application was reviewed by the city. The second issue is that the city as a co-applicant/developer is subject to the same regulations as private developers and the PUD application fails to meet all standards, procedures and conditions of the city's land use regulation. Herron said this application should have been treated the same as anyone else would have been treated and that has not been the case. The project does not meet the open space requirements; under the city code definition, there is no open space. Because there is no open space, Council cannot waive the open space requirement. Herron said the city has not complied with the requirements for reducing required off-street parking. The parking plan is based on the use of the property for 3 months of the year without any consideration for the other 9 months. Herron stated the city has failed to demonstrate it has legal access to use Stage Road. Herron said there is pending litigation that challenges the city's ability to use Stage Road. Herron noted an exhibit that creating a fourth stop on the Buttermilk interchange light will cause minimal delay to the entire process. This has not been considered. Herron said the city is not adhering to material representations made concerning traffic mitigation. At conceptual there were conversations about underpasses that would be required in order to continue the bike path on Stage Road as well as provide some way for the golf course traffic to go from the Club to the course itself. The applicant represented there would a separate golf cart underpass to mitigate this; there is no reference to this. Herron brought up the Aspen Area citizen housing plan; this was not complied with; this project was not rated. The city is not complying with its own road standards. The city has not adequately considered the effect of the proposed development on adjacent properties. Herron said the project has been incrementalized and Council has only see a small portion of the property. There has been a rush on this and not all the impacts have 11 Regular Meeting Aspen City Council June 28, 1999 been considered. Herron said this is contract zoning. Herron said there has been denial of due process; nothing has been done to protect anyone other than the applicant. Worcester reminded Council the issue of access is before the Courts. Mike Davis, RFTA, handed out a map from the May 19th memorandum. Davis said he generally favors this development, especially since it has the potential to house winter seasonal RFTA employees. Davis said the summer MAA bus service may be jeopardized by this development. Including Burlingame in the existing route will lengthen these routes by 15 to 20 minutes. This may discourage riders. Davis said RFTA is willing to try this with two buses hut would like a trigger to require another bus be run so not to lose riders. Bill Tuite said there are no good places left for housing. Tuite said if there is only one more employee housing project built, there is no more important group to build it for than the MAA. Toni Kronberg said this is a good project and the city should approve it. Ms. Kronberg agreed the issue that needs to be addressed is transportation. Mayor Richards closed the public hearing. Councilman Hershey moved to continue Ordinance//23, Series of 1999, to June 29 at 4:45 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. John Worcester entered into the record a copy of a letter from Chuck Frias. DEPP CONTSTRUCTION IMPLEMENTION The intent of this discussion is the construction schedule for the project on Mill street. Ed Sadler, asset manager, reminded Council they approved the contract for engineering designs, which are proceeding and were to be ready for bidding in August. Sadler said there have been concerns from the merchants about proceeding with the project in September rather than waiting until April 2000. 12 Regular Meeting Aspen City Council June 28, 1999 Harley Baldwin, business owner Mill Street, said a lot of people have been involved in DEPP but they do not represent the businesses affected. Baldwin said these people may have the best interests of the downtown area but that has little meaning unless one is directly affected. Barry Gordon, Aspen Collection, said he appreciates the efforts that went into this planning process; however, Gordon said he would like to see this project put off until April. Gordon said the city has gone through a difficult winter; Mill street was torn up the entire spring season. Gordon said business support many charitable functions. It is small businesses that make this town. Gordon requested this project be moved to next spring off season. Gordon said he does not feel anything will be gained by doing the project in September. The trees and benches will be installed and then it will be winter. Rick Hession, business owner Mill street, said the September construction will have an immediate and dramatic impact on all business in the area. Hession said he was never asked about the project. Hessian said he does not see a need for wider sidewalks. There is a bigger need for maintaining the existing parking spaces. Hessian said he does not want to see the city do this project at all. Sharon Mcwilliams, Filmfest, told Council this September is the 20~ anniversary of Filmfest and they are concerned about having both sidewalks around the Wheeler torn up in the fall. Films are run from 10 a.m. to evening and people are in line around the theatre all day long. Tom Isaac said he was a member of the DEPP committee for two years. Isaac said the committee did their best to keep the community informed; there was a public forum at the Wheeler, articles in the papers. Isaac said people need to remember the priorities in the community, the need to move pedestrians. Andrew Kole said just because the city has done something for two years does not mean they have to continue if it is a mistake. Kole suggested the city put together a fact sheet with pluses and minuses to give to every store owner. Howard Ross, business owner for 32 years, said he did not receive any notices about this project. Ross said he is not objecting to the project but does object to taking away any more parking as there is already not adequate parking in town. Ross said his restaurant makes money between 13 Regular Meeting Aspen City Council June 28, 1999 July and October and would not like to see the DEPP constructed in this time period. Steve deGouveia, business owner on Mill street and member of DEPP committee, said this is a good project. DeGouveia agreed the timing is difficult; however, it will be difficult no matter what time of year it is done. DeGouveia said the committee made a lot of attempts to get the word on DEPP out. There was an ACRA luncheon and they used the ACRA mailing list to get information out. DeGouveia said this project is a reinvestment of tax dollars to maintain the quality of life in town. Evan Griffith, Aspen Sports, said this is a good plan and the timing is difficult for most business owners. The resort business is a very competitive market. Any improvements to the pedestrian experience are positive improvements. Lily Garfield, business owner and DEPP committee, said this was a very weighted committee with more people representing how to eliminate the car rather than keeping businesses. Ms. Garfield suggested rather than relocating parking, both sides of the street could have angle parking, which would also be a traffic calming measure. Ms. Garfield said there are other projects on which the city could spend $1 million. Ann Postal, Regent's Row, asked that Council delay this project until next spring office season. Ms. Postal said the sidewalks are wide enough for people even in the high season. Ms. Postal said Aspen is fantastic and people come here because of the quaintness. Ron Erickson, DEPP Chair, said the direction came from City Council and from the AACP to make Aspen more pedestrian friendly. Traffic studies have shown Aspen is approaching gridlock in the downtown core area; cars are going fast and are a danger to pedestrians and bicyclists. Helen Newell, Regent's Row, said September is their greatest month. Ms. Newell said customers already comment there is not enough parking. Ms. Newell said she hopes the city abandons the project entirely. Sadler noted that no parking is being lost but is being relocated on Hopkins by Bass park. DeGouveia commented that no net loss in parking was one of the main issues that DEPP dealt with. Tony Sheer, Aspen Real Estate company, said it appears from the plans that 13 parking spaces will be lost 14 Regular Meeting Aspen City Council June 28, 1999 on Mill street between Main and the Wheelerl Moving parking 2 blocks away is taking parking away from where it is needed. Charlie Tarver, business and property owner, said this is an issue of community needs versus the needs of individuals. Tarver pointed out the 1993 AACP stated that a pedestrian friendly downtown is very important to the community. Tarver said this process has gone on since 1989 starting with the Neighborhood Advisory committee. Widening the sidewalks next to the mall has been contemplated for a long time. Tarver said some businesses are affected more in the fall season than others. Amy Martineau, business owner, requested this not be done in the fall off season. Ms. Martineau said parking has already been removed on Mill street in front of stores. Ms. Martineau said $1 million to spend on 3 blocks is a lot of money. Ms. Martineau suggested the DEPP project be put to a vote. Heidi Friedland, business owner and HPC member, told Council she voted in favor of this project but has had second thoughts. Ms. Friedland said she did not realize the amount of money being spent on the DEPP project. Ms. Friedland said Aspen is pretty beautiful already and DEPP plans may turn Aspen into Disneyland with no room for individuality. There should be a vote before spending all this money. Jean D'Alessio, representing DEPP and Feet First, said year of work went into this program; they did surveys and got feedback from people that parking 2 blocks away would be acceptable. Ms. D'Alessio said there were a lot of public meetings and stories in the paper covering every meeting. David Fleisher, Pitkin County Dry Good, said September is one of his best months and is 350 percent above May. Fleisher said he supports changing the construction to the spring off season. Fleisher said he did not take the time to attend meetings about the DEPP. Fleisher said he does not sense the streets are too narrow and is concerned about this project. Toni Kronberg agreed the sidewalks need to be widened. Ms. Kronberg suggested there be valet parking run by the city over by the Wheeler. Joe, Aspen Gallery, supports the project; it will be good for Aspen in the long term. Joe told Council September has been his best month in 2 out of the last 3 years. Joe told Council he received 3 personal visits from 15 Regular Meeting Aspen City Council June 28, 1999 engineering department staff last year inviting him to meetings on the DEPP. These meetings were very sparsely attended. Cindy Griem, business owner, supports putting this project off until next April. The Mill street area of town has been under heavy construction for the last year. Councilman Hershey said he would support delaying this project to Spring because the business owners support this. Councilman Paulson said he will agree with the delay but not to kill the project. Councilman Paulson said the town currently is not pedestrian friendly and he supports the DEPP. Councilman Markalunas agreed he would support delay but not killing of the project. Councilman Markalunas said the city has to get the cars out of downtown. Councilman Markalunas said people will spend more money if they have a good pedestrian experience. Baldwin said this project may not be totally appropriate and suggested DEPP be reconstituted to include affected business persons. Councilman McCabe agreed with postponing the project until Spring. Councilman McCabe said he is a business person and the spring time is much less impactful than the fall. Mayor Richards noted issues before Council 'are those of balance and there has to be give and take within the business community, like housing seasonal workers not just long time locals. Mayor Richards noted there have been complaints about holding Food and Wine in Wagner Park, that it hogs the park for 5 days and it hard on the park; however, Food and Wine supports the business community. Mayor Richards supports putting the construction off until Spring but does not want to eliminate the project. Sadler said with this schedule, he would finish up design in September, go to bid in October or November with a lot of time to have the construction company be available for businesses to talk to. Someone in the audience suggested there be better signs to the public parking garage. Councilman Markalunas moved to move forward with DEPP the first Monday in April 2000; seconded by Councilman Paulson. All in favor, motion carried. 16 Regular Meeting Aspen City Council June 28, 1999 Councilman Hershey moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. RESOLUTION 1/56, SERIES OF 1999 - Contract with Harry Teague Architects for Pool Design Tim Anderson, recreation director, told Council this contract is to begin analysis of conceptual design for the pool. Anderson said a citizens committee selected Teague. This phase of the contract is $113,593 to move through program design and conceptual design. Anderson said the committee and staff want to make sure a pool can be constructed that will work for the community. Anderson pointed out the contract includes $35,000 for design of the ice rink even though the private funding is not yet in place. Anderson said through the process, there has always been a pool and ice rink facility discussed at Iselin Park. Staff feels it is prudent to fund this $35,000 out of the general fund to include looking at the ice rink in conceptual design. Anderson said there have also been discussions about including a Youth Center at Iselin park. The architects have said they can include this for an additional $3500. Anderson recommended this be funded so that over the next 4 months the architects can work with the Maroon Castle Creek caucus and include the Youth Center conceptually. Mayor Richards said she supports the $3500 up front for the Youth Center and is also willing to support paying $35,000 from the general fund for the ice rink design. If private funds do come in, this money may be recouped. Mayor Richards said she would not want to have to redesign or to leave something out because the additions had not been considered. Jeanne Doremus said if Council approves funding for the Youth Center design, they will work with the neighborhood on this project. Councilman McCabe said he would approve funding the ice rink and Youth Center design as economy of scale. Councilman Hershey said he feels it is premature to spend these funds on something that may not happen. Councilman McCabe moved to approve Resolution//56, Series of 1999, with the understanding that $35,000 will come out of the general fund as up front costs for the ice rink and the $3500 for the Youth Center will 17 Regular Meeting Aspen City Council June 28, 1999 come out of Council's contingency; seconded by Councilman Paulson. All in favor, with the exception of Councilman Hershey. Motion Carried. RESOLUTION #59, SERIES OF 1999 - Wheeler Temporary Use Permit Julie Ann Woods, community development department, told Council this temporary use is needed to allow an existing trailer to remain behind the Wheeler Opera House through the summer. The request for this trailer is June 29 to August 23. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Ms. Woods told Council this is on private property and not in the park. Mayor Richards requested for next summer some other arrangements be made. Ms. Woods agreed staff feels the MAA needs to make long term accommodations. Councilman McCabe moved to approve Resolution #59, Series of 1999, contingent upon some other alternative for next summer; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE #24, SERIES OF 1999 - Moore Annexation John Worcester, city attorney, pointed out 4 parcels are being annexed under one ordinance and public hearing. Worcester pointed out unlike previous annexations, this Ordinance allows the community development director to grant insubstantial PUD minor amendments. The Moore PUD was approved in the county and based on past experience, staff feels there will be minor amendments. Worcester reminded Council the decision to annex property is entirely up to them and within their discretion. Steve Barwick, assistant city manager, told Council the general fund will do slightly better than breaking even on services. There will be additional revenues and additional expenses. The two funds that will come out will are the Wheeler and housing real estate transfer taxes. Barwick told Council if the road become public, this will cost about $30,000 per year. 18 Regular Meeting Aspen City Council June 28, 1999 Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Paulson moved to adopt Ordinance//24, Series of 1999, on second reading; seconded by Councilman McCabe. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; Hershey, yes; McCabe, yes; Mayor Richards, yes. Motion carried. Councilman Markalunas moved to go into executive session to discuss the potential consequences of litigation; seconded by Councilman Hershey. All in favor, motion carried. Councilman Hershey moved to suspend the rules and extend the meeting to 10:45 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Councilman Markalunas moved to come out of executive session at 10:45 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Councilman Hershey moved to continue the meeting to June 29, 1999, at 4:45 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Council left Chambers at 10:45 p.m. ~Koch, City Clerk 19