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HomeMy WebLinkAboutminutes.council.19970728Asoen City Council Regular Meetin~ July 28, 1997 Mayor Pro Tem Richards called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Vickery and Markalunas present. OUTSTANDING EMPLOYEE BONUS AWARDS City Manager Amy Margerum presented the outstanding employee bonus awards; Edna Adeh - city attorney' s office; John Worcester - City Attorney; Fred Dick and Anne Chetham-Strode, Information Systems; and the transportation and parking department. Council presented the employees with plaques and checks. CITIZEN PARTICIPATION 1. Mary Ellen Smiddy told Council there are conflicts in City Market. Ms. Smiddy said management at City Market has not been responsive to requests to try and settle this through conflict resolution. Ms. Smiddy said this community respects settling problems through a peacerid process. Ms. Smiddy presented a petition for Council and citizens to sign to ask management to come to the table with employees they are in conflict with. The petitions reads, "As customers affected by the conflict within City Market, Aspen, and members of the community who believe in the peacerid productive approach to problem solving offered by the local center for conflict resolution, we request that the management of City Market agree to attempt to settle their disagreement with employees through the process offered by the center for conflict resolution". 2. Donna Treadwell, 1305 Red Butte Drive, told Council she cannot be present for the public hearing on the parks/golf maintenance facility but feels it is completely inappropriate for a maintenance yard to be built in the middle of a residential neighborhood. Ms. Treadwell requested a moratorium on action on this so that the entire community can be made aware of this project. Mayor Pro Tem Richards said this is the second reading of an ordinance on a project that has been going on for a year and a half. Rebecca Schickling, assistant parks director, told Council they have been noticing everyone along the perimeter of the golf course of this project and its progress for over 2 years. 3. Ramona Markalunas presented a letter from Jim Breasted about the purchase of the Rio Grande property and the proposed dedication of "Rio Grande Park" next week. Ms. Markalunas said she is very concerned this property is being dedicated as a park. Amy Margerum, city manager, pointed out that the master plan for this area was approved with no permanent structures on it so the use can be changed. Asoen City Council Regular Meetin~ July 28, 1997 Ms. Margerum said the master plan reserves some areas for fitture transportation. The plan takes into account where the trolley might go and a fitture train station on the Rio Grande. Ms. Markalunas read her letter into the record. "The party for the Rio Grande is great. You all have worked very hard landscaping the Roaring Fork greenway and restoring the bike trail. This has been the community way of getting things done in Aspen. Celebrating the occasion of this vast improvement is justified and appropriate. We know you will have fond memories and pride in your accomplishments. However, we have grave concerns regarding the dedication of this property as park." Ms. Markalunas pointed out most of the Rio Grande property was purchased with transportation fitnding; has been transportation oriented and has been zoned SCI. Ms. Markalunas said this property should remain for community transportation uses in a park-like setting. Using the property as is appropriate but the community should keep the options open. Ms. Markalunas said this property should not be rezoned park. Mayor Pro Tem Richards suggested staff send a current copy of the master plan to Ms. Markalunas. Ms. Markalunas said she does not understand the necessity of dedicating this land. Mayor Pro Tem Richards said a lot of work has gone into this area and this is a community party to recognize the transformation of the area and the work that went into it. Ms. Margerum announced the community party Monday August 4 from 4 to 7 p.m. COUNCIL COMMENTS 1. Mayor Pro Tem Richards said she was one of the original Art Park volunteers who worked on cleaning up the area around the trail and the Theatre in the Park tent. A lot of volunteers put in time, energy and plants to clean up the area. Aspen should be very proud of the work in all the Rio Grande, including the work the Eagle' s Club did on their property along the trail. Mayor Pro Tem Richards invited everyone in the community to come and celebrate on Monday. 2. Councilman Markalunas complimented to Edna Adeh, city attorney's office, as exemplifying the best in public service and responsive government. Councilman Markalunas said Ms. Adeh eased his transition into government. Councilman Markalunas said John Worcester, city attorney, made possible the "Miracle at Carbondale". Councilman Markalunas said it was John' s willingness to 2 Asoen City Council Regular Meetin~ July 28, 1997 drab and redraft the numerous documents that enabled all parties to reach an agreement to purchase the railroad right-of-way. 3. Councilman Vickery extended his appreciation to Edna Adeh and John Worcester for their work. 4. Councilman Vickery thanked the community for their patience during pedestrian improvements around town. 5. Councilman Vickery said he has received phone calls about Cozy Point. Councilman Vickery said he is paying attention to housing issues in the upper valley. 6. City Manager Amy Margemm told Council OTAK will be doing a presentation August 19th at 4 p.m. on the design of light rail on Main street. 7. City Manager Amy Margemm told Council 5 staff from the Roaring Fork Valley went to Washington DC as it is a critical time for fitnding for the rail. Ms. Margemm reminded Council Aspen, Snowmass and the upper valley are using fitnds for the upper valley light right system to ask the federal government for a match to build the down valley portion of the rail. Senator Ben Campbell has been very supportive of the project and has included money in this year' s appropriation to get the project jump started. Ms. Margemm said staff talked to House members and staff to make points about the project. This is a unique project; the ridership estimates are using current ridership figures on RFTA and not assuming a lot of new ridership. People in Washington DC were impressed with RFTA and that it is the second largest transit agency in Colorado. Also, this is not an Aspen project but fitnding is being sought for downvalley communities. This is the first time the state of Colorado has ever put money into a transit project. This is cheaper and a better solution than a 6-lane highway project and in the long mn will save the federal government money from not widening the highway. This can serve as a model for other rural areas, especially national parks. This was a very grueling and successrid trip. 8. Mayor Pro Tem Richards said she would like an executive session at the end of the meeting to discuss potential property acquisition and litigation. CONSENT CALENDAR 3 Asoen City Council Regular Meetin~ July 28, 1997 Councilman Paulson moved to read Ordinances 32, 29, 31, and 30, Series of 1997; seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #32 (Series of 1997) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM PARK-PLANNED UNIT DEVELOPMENT (P-PUD) TO RESIDENTIAL MULTI-FAMILY (RMF) FOR A PORTION OF A PARCEL OF LAND AT 39100 HIGHWAY 82, OWNED BY THE POMEGRANATE CONDOMINIUM HOMEOWNERS ASSOCIATION, CITY OF ASPEN, COLORADO ORDINANCE #29 (Series of 1997) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DESIGNATING 303 S. CLEVELAND STREET, LOTS H AND I, BLOCK 35, EAST ASPEN ADDITION TO THE CITY OF ASPEN, AS "H" HISTORIC LANDMARK PURSUANT TO SECTION 26.76.030 OF THE ASPEN MUNICIPAL CODE ORDINANCE #31 (Series of 1997) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.04.100, DEFINITION OF "DWELLING, MULTI-FAMILY", TO ALLOW MULTI- FAMILY UNITS TO BE FREESTANDING ON HISTORIC LANDMARK PROPERTIES ORDINANCE # 30 (Series of 1997) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX- MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO. 22, SERIES OF 1994, 4 Asoen City Council Regular Meetin~ July 28, 1997 ORDINANCE NO. 10 SERIES OF 1995, ORDINANCE 38, SERIES OF 1995, ORDINANCE NO. 6, SERIES OF 1996, ORDINANCE NO. 27, SERIES OF 1996, AND ORDINANCE NO. 5, SERIES OF 1997, FOR SEVEN TOWHHOMES ON LOT 6 OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY, COLORADO were read by the city clerk Councilman Paulson moved to approve the consent calendar; seconded by Councilman Vickery. The consent calendar is: Minutes - June 16, 30, July 14, 1997 Ordinance #32, 1997 - Pomegranate Rezoning Ordinance #29, 1997- 303 S. Cleveland Historic Designation Ordinance #31, 1997 - Multi-family Code Amendment Board and Commission Appointments HPC Heidi Friedland Board of Adjustment Howard DeLuca (reappointment) Wheeler Ron Erickson, Georgia Hanson (reappointments) Housing Frank Peters, Jackie Kasabach (reappointments) Board of Appeals Deana Olsen (reappointment) Ordinance #30, 1997 - Extension of Vested Rights and GMQS Approval - Aspen Meadows Lot 6 Resolution # 55, 1997 - Bellis Property Easement All in favor, motion carried. ORDINANCE #18, SERIES OF 1997 - Historic Designation 1008 E. Hopkins Amy Amidon, community development department, recommended approval of this historic designation. Ms. Amidon pointed out 2 of the 5 standards have been met, Asoen City Council Regular Meetin~ July 28, 1997 architectural importance of a typical example of a miner' s cottage, and community character. Mayor Pro Tem Richards opened the public hearing. There were no comments. Mayor Pro Tem Richards closed the public hearing. Councilman Vickery moved to adopt Ordinance # 18, Series of 1997, on second reading including a $2,000 historic preservation grant and waiver of the park dedication fees; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; Vickery, yes; Mayor Pro Tem Richards, yes. Motion carried. ORDINANCE #23, SERIES OF 1997 - Subdivision 1230 W. Cooper (Fireside Lodge) Julie Ann Woods, community development department, told Council there is an existing lodge on this property with a restaurant and swimming pool. This property went through the change in use process with P & Z and received approval for 4 residential townhomes. Ms. Woods noted Council had concerns with employee housing mitigation and this request. Ms. Woods told Council staff reviewed the minutes of P & Z and Council, and talked to the then-planner involved in the small lodge process. Ms. Woods told Council there was a lot of discussion about mitigation of employees living in lodges as well as mitigation for additional employees created through conversion. Ms. Woods said in the first example, in replacement housing, 50 percent of the bedrooms used by employees would have to be mitigated. Ms. Woods said Council and staff did have a discussion of change versus growth. Staff concluded that without increasing impacts to the community, small lodges could convert without increasing the impacts. Ms. Woods said the planner who worked on small lodge conversion concluded there would be a status quo or no net impact by the removal of certain lodges through conversion or adding rooms to some lodges. In the case with existing employee housing, the intention was this housing would have to be mitigated. Ms. Woods said in the case of this application, the change in use does not create any additional employees. The Housing Authority reviewed this and concluded no flirther employee mitigation would be necessary. Ms. Woods said in some cases of conversion, there would have to be some employee housing but under Ordinance 6 Asoen City Council Regular Meetin~ July 28, 1997 #29, small lodge conversion is reviewed on a case by case basis and mitigation evaluated on each case. Ms. Woods pointed om in lodges that historically house employees and convert to a residential, less impactive uses will be responsible for paying the 50 percent bedroom mitigation cost. There was no employee housing at the Fireside Lodge and staff does not feel mitigation is required. Ms. Woods told Council this property is zoned RMF and is 18,000 square feet. The GMQS exemption for change in use was approved by P & Z. The application was for 4 four-bedroom units. The applicants requested 2 additional bedrooms to be used within the footprint of this building. Ms. Woods told Council this application does met the criteria of the AACP. The proposal will have less impact on the neighborhood than the current lodge. Sunny Vann, representing the applicant, pointed om the GMQS exemption, which was approved by P & Z, asks for mitigation of any net increase in employees. Vann said they met with the housing office prior to competition in the lottery. The housing office provided generation factors for a lodge. Vann noted the Municipal Code provides no guidance how to figure out how many employees are generated by new residential construction. Vann said absent that, staff looked at the AACP and the statement that the code should require a minimum of 60 percent affordable housing on any growth management application. Staff calculated that number if this had been a growth management application. Vann said generation of employees for the existing lodge was less than the theoretical number of employees that would have been required in a GMQS competition had the 60 percent regulation been adopted. Vann said staff acknowledges the number of employees which one might have had to provide in order to compete under growth management, does not bear any relationship to the number of employees generated by a residential project; it is just an exaction that is required in order to compete successfidly. Vann said the lodge would have generated more employees than the 4 residential units and staff concluded there was no net increase in employees as a result of this project. Vann said he does not know the number of employees employed by the lodge. There were no residential dwelling units in the lodge. There is a lodge unit that was used off and on; however, this does not meet the definition of resident housing as defined in the housing replacement program. Councilman Markalunas said he is concerned that these are large houses being built; there are no on-site caretaker units and large townhouses generate a lot of 7 Asoen City Council Regular Meetin~ July 28, 1997 employees. Councilman Markalunas said he would like to see a code requirement for on-site caretaker units. This is an example of what generates traffic on highway 82 and brings service people to large homes. Councilman Markalunas said he is glad the city has requirements to protect trees on-site and would like to make sure these trees are watched and protected. Mayor Pro Tem Richards opened the public hearing. There were no comments. Mayor Pro Tem Richards closed the public hearing. Mayor Pro Tem Richards said this project seems to be in compliance with the city code. Mayor Pro Tem Richards said she feels the code is inadequate. There may have been a mistake or misrepresentation when the small lodge ordinance was passed. Mayor Pro Tem Richards said there was a lot of discussion about convening an existing lodge or total demolition of a lodge. A total demolition should require adhering to current code regulations. Mayor Pro Tem Richards said vacant property would be required to put in ADUs if they were building 4 townhouses. Mayor Pro Tem Richards said Council should re-examine requiring mitigation for growth when a small lodge is entirely demolished rather than convened. Councilman Paulson said he has the same concerns as Rachel. Councilman Paulson said mitigation of growth for demolition and rebuilding needs to be addressed. Mayor Pro Tem Richards said the relief that is offered to small lodges is working in some cases. It was not Council' s intention to take mitigation entirely out of the formula. Vann said the applicants have met with staff and the conditions are acceptable. Vann noted there is a condition that the applicants provide a school impact fee at building permit. There is some question how much the impact fee is. The impact fee is based on unimproved land. The applicants calculated the impact fee based on the land with improvements for an example. Vann said the applicants will pay this based on the regulations in effect at the time of issuance of a building permit. Amy Margemm, city manager, said currently in change in use when there is no net impact to the community, no new growth to the community, employee housing mitigation is not required. Ms. Margemm asked Council if they want staff to look at changing that provision so that it doesn't matter what was existing for all segments of zoning or just small lodges. Councilman Vickery said there should be clarification of what constitutes conversion. Mayor Pro Tem Richards said she Asoen City Council Regular Meetin~ July 28, 1997 would like change in use examined in every zone district. Stan Clauson, community development director, reminded Council there is only 1 year left in the small lodge conversion program. This was only attthorized for 3 years to let the lodge owners and market forces make economic adjustments for the viability of lodges. Councilman Markalunas agreed staff should look at change in use in every zone district. Councilman Paulson moved to adopt Ordinance #23, Series of 1997, on second reading with direction to staff to block the loophole for mitigation as quickly as possible; seconded by Councilman Markalunas. Councilman Paulson said he does not want this to happen again. Councilman Paulson said it is disturbing to him to have the City's code used against the city. Roll call vote; Councilmembers Markalunas, yes; Vickery, yes; Paulson, yes; Mayor Pro Tem Richards, yes. Motion carried. ORDINANCE #25, SERIES OF 1997 - Golf and Parks Maintenance Building Final PUD Stan Clauson, community development department, told Council this project has had an extensive 4 step process, 2 reviews at P & Z and 2 reviews at Council. There was a conceptual review prior to any specific design activity. The conceptual approval was granted in 1995. After that, there was additional design work and final approval. Final approval also required a growth management scoring before the city and county P & Z, approval by P & Z and by Council. Chris Bendon, community development department, said this project will allow the parks and golf departments to move their office space into a building with storage and maintenance facilities for city equipment and also to house one employee on site. Bendon said the project requires housing mitigation for the office space but not the storage space. Bendon said Water Place housing is being used for employee housing except for the one on-site unit. Bendon pointed out in the code, essential public facilities are those in response to growth and not growth itself. This is an essential public facility; however, a project still has to mitigate for employees generated. Storage of equipment inside instead of outside does not generate any new employees; the office space does. 9 Asoen City Council Regular Meetin~ July 28, 1997 Bendon said Water Place housing was not planned in response to any mitigation required. Bendon proposed an employee mitigation bank with the housing authority and if the city has projects requiring employee mitigation, they can draw on that bank. Rebecca Schickling, assistant parks director, told Council this project was started in 1992. When the city shop master plan was done, staff looked at accommodating all the city' s needs to see if one location could take care of all these needs. It was determined that each facility (water, streets, parks) was suited to service its own fitnction. The study also looked at whether to keep together parks and golf or to separate them into two locations. Ms. Schickling said the services and equipment are similar enough that it makes sense to stay together. Ms. Schickling presented several designs this project went through and pointed out the first designs were all two stories. The adjacent neighbors felt the building was too tall and too imposing. Staff met with the Public Projects Review Group, and with this group and the neighbors. The result of this was a long low L-shaped building which contains the facility, screened with vegetation and berms. Ms. Schickling said this long L- shaped building was presented to P & Z and Council in 1995. This building set the footprint. One suggested change was to add a wash bay, which includes recycling the water and containing the clean up. There was also a request so add an employee unit. This will help with security and have someone on-site to answer emergency calls. Ms. Schickling told Council staff went to the Asset Planning Committee, who had a lot of concerns about the long, low, boring facade and who it did not add anything to the community as far as architecture. The Committee requested the parks department look at the cost of the building and also how the brighten it up. Staff conducted a design charette, brought a consultant in to look at ways to make the building more efficient, to reduce the mass, and to break up some of the long facade. Some design changes resulted from this. Scott Smith, architect, said this building does not need a lot of special architectural treatments. It is a maintenance facility for the storage and protection of vehicles with an office. Smith said he looked at ways to reduce the cost of the project, moving berms away from buildings and not having reinforced retaining walls as well as using prefabricated steel structures for the storage areas with some unheated portions. Smith said it is not possible to hide a building of this size. He worked on trying to make the building fit into the context of the community by using rusty 10 Asoen City Council Regular Meetin~ July 28, 1997 metal, breaking up the building shapes, varied roof lines all to try and make it look like several smaller buildings. Smith said the site design was very important and was dictated by an inward turning compound to try and protect the visual and noise from the fitnctions that go on inside the building. There is a public area for work inside the courtyard. Smith said the design charette reviewed several site designs to look at the effect from the highway and from the golf side. Smith went over the floor plan, the elevation showing that the lower portions face out toward the public side and the higher doors face into the courtyard, and a landscape plan showing how visual screening will be provided around the public side of the facility. Mayor Pro Tem Richards opened the public hearing. Don Kopf, president Castle Creek homeowners association, said in 1976 the city granted themselves a variance for a temporary facility at this location. In 1986 and 1990 the city made expansions of this facility. The adjacent homeowners voiced some objections about these expansions. Kopf said no one is against a maintenance facility. It is needed; however, this may not be the best location. Kopf presented photos of 60,000 square feet of space adjacent to Tinscott that could hold this facility. Kopf had pictures of the city using this area as a dump grounds for street sweepings. Kopf said this maintenance facility should be moved out of a residential area and get the traffic off Cemetery Lane. Kopf requested staff look at alternate sites for this maintenance facility. Ms. Schickling told Council staff did look at this site during the 1992 master plan process. If this site were used, the golf and parks facilities would have to be separate facilities. It is not cost effective to have two separate facilities. Amy Margemm, city manager, said staff has been working on this project for 5 years. The Asset Planning Committee has looked at all the sites. The original recommendation of the APC was to consolidate storage at the city shop on Castle Creek. That facility is totally filled with streets equipment and there is not space to accommodate storage for other departments. The APC recommends that is it more economical, cost effective and efficient to have facilities where the work is being done. Ms. Margemm pointed out there are many neighbors that would be affected if the site next to Tinscott place were used. There are also many residences around the golf course that would be visually impacted. This plan has been approved conceptually by P & Z and Council. 11 Asoen City Council Regular Meetin~ July 28, 1997 Bill Sharp, adjoining resident, said even though the Plum Tree Inn is being renovated to house the golf staff, no space has been deducted from this park maintenance facility for the golf staff that is being moved. Sharp said the last meeting he was invited to was in 1995 and this project started out as a shed to store lawnmowers. Sharp said all that is needed is a low shed for storage. Sharp said a two-story building in inefficient plus it blocks the view plane. Smith said the design team looked at recessing the building as much as possible within the site and taking advantage of the surrounding berms for a visual buffer. Smith said with too many level changes in an equipment yard, it becomes inefficient as well as dangerous. Smith said on the north side, closest to Sharp's house, the building has been recessed in as much as possible and still keep a usable yard. Smith said the low side of the shed roof is a 10 foot building, 8 feet inside; the roof slopes up at a minimum pitch. The plan is for the higher equipment to be in the front of the building, where the roof is higher. Ms. Schickling said she would like to look at the driveway entrance into the golf course and see if the building can be moved away from the Sharp residence. Bambi Patterson, adjacent neighbor, said she is concerned about the lighting. Ms. Schickling said they plan on using motion sensor lighting, which only comes on when someone is present. The lighting will be downcast and will be primarily around the garage doors and comers. This facility does not need a lot of lighting. The parks department has a very minimum night operation. Janet Guthrie, homeowner in West Aspen subdivision, said this enormous project is a bad idea in this location. Ms. Guthrie said exemption from growth management in this sensitive location is a bad idea. A waiver from the residential design standards is a bad idea. Ms. Guthrie said eliminating the mature cottonwoods on site is also a bad idea. Ms. Guthrie said Council is being asked to approve a 30 feet height for this area through rezoning. Ms. Guthrie said she does not see the necessity of the parks department to build a 20,000 square foot facility is a very visible park. Jack Courshon, 700 Castle Creek, said there have been many, many discussions about monster homes. The city is building a 22,000 square foot facility. There are no monster homes of this size anywhere in this vicinity. Courshon said the city would not allow private applications for a structure like this, especially near or on the golf course. Courshon said the length of time spent planning is not important; what is important is the right thing to do. The right thing to do is not destroy the character of this open space, 12 Asoen City Council Regular Meetin~ July 28, 1997 Mayor Pro Tem Richards closed the public hearing. Ms. Margemm said Aspen has been growing and the city has added parks and trail that the residents have asked for. Ms. Margemm said this is basic infrastructure necessary to mna beautifid community. Ms. Margemm told Council the overwhelming number 1 request from citizens in the latest citizen survey is for more parks, more open space and more trails. The current offices for parks and golf are very overcrowded. Ms. Margemm reminded Council the city has approved large facilities in residential areas, like Harris hall and the physics building. Staff worked with the APC to make this building as small and usable as possible. Mayor Pro Tem Richards said in 1990, the city had inadequate infrastructure. At that time the city formed the Asset Planning Commission to look at the city' s investments and take care of the community' s assets. All the plans for city facilities were put on hold while this background work was done. The city also worked with the public building design review committee to make sure the buildings were reviewed outside the government. Mayor Pro Tem Richards said she supports this project as being valuable to the overall community. Mayor Pro Tem Richards agreed the street sweeping dump should be taken care of. Mayor Pro Tem Richards noted there are over 28 parks in the city that need to be taken care of. City staff cannot be continually asked to take care of the parks without facilities. Mayor Pro Tem Richards pointed out the parks staff also takes care of all the city public buildings. Mayor Pro Tem Richards said she would like to know that the lighting is screened and would like staff to see if the building can be lowered at all and if the driveway can be shortened or moved from the Sharp residence. Mayor Pro Tem Richards said the entire community needs this facility. Mayor Pro Tem Richards pointed out there is an impact on staff time and salary budget in travel and loss of work if a new building is built 5 miles out of town. This would also put more cars on highway 82. Councilman Markalunas said it is not good practice to store all the city equipment outside. Councilman Markalunas said the city does need to clean up their act and to try and make it more tolerable for the neighborhood. Councilman Markalunas agreed the city has to have facilities in order to take care of all the things the community wants and uses, like the golf course, parks, streets, trails. Councilman Markalunas suggested looking as a sod roof on the very low roofs. In order to have 13 Asoen City Council Regular Meetin~ July 28, 1997 the amenities wanted, people have to endure a little pain. Councilman Markalunas stressed cleaning up the city's facilities. Councilman Vickery said he is convinced of the public need and public value of this facility. Councilman Vickery said it is fair to ask all neighborhoods in Aspen to bear some impact of community facilities. Councilman Vickery said the city has worked with neighbors and tried to make a reasonable effort to reduce any impacts. Councilman Vickery said he feels the large monolithic form could be softened some way. Councilman Vickery said any screening of activities in the courtyard would be appreciated. Councilman Paulson said he has watched this project mature for 4 years, and it is frustrating to go through 4 years of process and only hear concerns at the last meeting. Councilman Paulson said staff has worked hard and this is the right project in the best place for a parks and golf facility. Ms. Guthrie asked if Council is approving this at 22 feet or at 30 feet as written. Bendon put 30 in the ordinance; however, if this facility is 22 feet that should be in the ordinance. Smith said it is 22 feet from finished grade to the ridge of the highest volumes. This does not include the ventilator, which is not on the face of the building. Mayor Pro Tem Richards said the drawings will be part of the record. Councilman Markalunas moved to adopt Ordinance #25, Series of 1997, with the caveat that staff taken every precaution possible to try and be as neighborly as possible, things are screened and pleasing to the neighborhood, and that issues brought up in the public hearing are looked into flirther without eliminating the workability of the building; the building might be lowered, the driveway might be shortened, and what lighting will be used; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Vickery, yes; Markalunas, yes; Mayor Pro Tem Richards, yes. Motion carried. ORDINANCE #26, 1997 - Supplemental Appropriations Doug Smith, finance director, told Council when they adopt the budget, it is a legally binding document and limits spending for that fiscal year. The only way the city can make expenditures outside the budget is through supplemental appropriation ordinances. Smith outlined the expenditures to be approved in the ordinance which include carry forwards from 1996 projects, and new projects approved by Council. 14 Asoen City Council Regular Meetin~ July 28, 1997 Mayor Pro Tem Richards opened the public hearing. There were no comments. Mayor Pro Tem Richards closed the public hearing. Councilman Paulson moved to adopt Ordinance #26, Series of 1997, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Vickery, yes; Mayor Pro Tem Richards, yes. Motion carried. PAVING OF ALLEY IN WEST END Mitch Haas, community development department, told Council David Koehler applied for a permit to pave an alley between Smuggler, North and Sixth and Seventh streets. Haas told Council Koehler said he would pay for paving the alley himself. The permit was approved and the applicant began preliminary grading work. Two abutting property owners objected about this work to city staff. The permit was suspended for completion of a petition process of adjacent property owners. The applicant went through that process and obtained signatures of 5 of the 9 property owners. Haas said staff felt the petition process was not conclusive and brought this issue to Council; 55 percent in favor of paving and 45 percent opposed to paving. Haas told Council this issue was referred out for comments from other departments. The comments in favor of paving are it could potentially reduce PM 10, make plowing and maintenance easier, provide smoother driving surface, channelize ranoff into the streets, provide an improved area for children to play; and enhance emergency access. The comments against paving are it could increase costs for maintaining underground utility system; increase surface ranoff and the potential for water pollution problems; would require proper grading prior to installation, would require preventative maintenance; and would invite more vehicular traffic. Haas told Council HPC feels that unpaved alleys support the historic character of the residential neighborhood. Haas said unpaved alleys support the "messy vitality" concept of Aspen. Haas said since neither the petition nor pros and cons present a clear cut advantage of paving or not, the deciding factor is the character issue. Haas said staff feels that unpaved alleys preserve and promote the character of the Aspen experience. Staff believes the proposed paving is improper and recommends the permit be revoked and the proposal disapproved. The applicant had reasonable expectations that his 15 Asoen City Council Regular Meetin~ July 28, 1997 request was approved and spent $1460. The city was at fault in prematurely issuing the right-of-way permit and the applicant should be reimbursed. Haas recommended Council consider adopting a policy to prohibit paving of alleys of residentially zoned areas within the original Aspen townsite unless unusual circumstances for paving can be shown by an applicant. Haas said paving of alleys adjacent to Main street one block noah and south would be appropriate. Haas said if Council agrees, staff will write a code amendment with illustrative maps. Councilman Markalunas asked abom PM 10 control and the application of magnesium chloride in alleys. Councilman Markalunas recommended staff investigate the impacts of mag chloride on the environment. Councilman Markalunas said he would prefer to see the alley left with a good aggregate that does not track and does not create dust. David Koehler, 618 West Smuggler applicant, told Council the muddy alley makes driving disagreeable. His garage abuts the alley and his family parks in the alley and uses it constantly. Koehler said the only people that use this alley are he and his neighbor and the trash company. Koehler said he is willing to pay for paving this alley because they are the principle users of the alley. Koehler read his petition to the engineering department into the record. Koehler told Council they received permission from 9 departments to pave the alley. Koehler said he thought he was doing something generous. Koehler said one of the most important factors in paving the alley is the safety factor. Kids play out on Smuggler street and it would be safer to play in the alley. Koehler pointed out the alleys in the 700 and 800 block of Smuggler are partially paved and the alley between Francis and Smuggler in the 700 block is entirely paved. Koehler said his needs are different because his garage abuts the alley; in some alleys there are no garages Councilman Markalunas moved to suspend the roles and extend the meeting to 9:45 p.m.; seconded by Councilman Vickery. All in favor, motion carried. Raifiel Bass, 616 West Smuggler, told Council he uses the alley as a main entrance to his house and they come in through the garage many times a day. Bass told Council he and his tenants all park in the alley rather than on the street. Bass said in the spring the alleys are a quagmire of mud and in the summer they are very dusty. The dust is so bad they have to keep their windows closed. Bass said because of access, dust, mud and safety reasons, they are asking permission to pave this alley. 16 Asoen City Council Regular Meetin~ July 28, 1997 Haas said one alternative might be crushed stone to keep down the dust. Haas said the safety issue is a double edged sword; if the alley is paved, people will drive faster down these alleys. Haas said allowing this alley to be paved will set a precedent. There are 3 more applications for paving in the engineering department. Councilman Paulson said he feels very strongly abom not paving paradise. Councilman Paulson said applicants for paving alleys should have 100 percent support from adjacent property owners. Councilman Paulson said these property owners have lived in Aspen long enough to know the city is trying to stop creeping urbanism. City Manager Margerum suggested the city reimburse Koehler for his expenses and have the streets department put road base down in the alley so that the grading that has been done is not mined. Councilman Vickery said he is sympathetic about the dust and mud problems. Councilman Vickery said Council might give considerations for people with garages in the alley who use them and enter their houses that way. Councilman Vickery said he is also sympathetic to the character issue. Councilman Vickery said he likes the idea of road base or washed aggregate to help alleviate the mud and dust problems. Councilman Markalunas moved that the request to pave the alley be denied and that the city reimburse David Koehler for his expenses and that washed aggregate not more than 3/4 inch be put in this alley; seconded by Councilman Paulson. All in favor with the exception of Mayor Pro Tem Richards. Motion carried. Councilman Markalunas moved to suspend the roles and extend the meeting to 10:05 p.m.; seconded by Councilman Vickery. All in favor, motion carried. Councilman Markalunas moved to go into execmive session for the purpose of discussing real property acquisition; seconded by Councilman Paulson. All in favor, motion carried. Council went into executive session at 9:50 p.m. Councilman Markalunas moved to come out of executive session at 10:05 p.m.; seconded by Councilman Vickery. All in favor, motion carried. Councilman Markalunas moved to adjourn at 10:05 p.m.; seconded by Councilman Paulson. All in favor, motion carried. 17 Asoen City Council Regular Meetin~ July 28, 1997 Kathryn S. Koch, City Clerk OUTSTANDING EMPLOYEE BONUS AWARDS ...............................................1 CITIZEN PARTICIPATION ...................................................................................1 COUNCIL COK/[N/[ENTS .......................................................................................2 CONSENT CALENDAR ........................................................................................3 Minutes - June 16, 30, July 14, 1997 ...................................................................5 Ordinance #32, 1997 - Pomegranate Rezoning ....................................................5 Ordinance #29, 1997- 303 S. Cleveland Historic Designation .............................5 Ordinance #31, 1997 - Multi-family Code Amendment .......................................5 Board and Commission Appointments .................................................................5 Ordinance #30, 1997 - Extension of Vested Rights and GMQS Approval - Aspen Meadows Lot 6 ...................................................................................................5 Resolution # 55, 1997 - Bellis Property Easement ...............................................5 ORDINANCE #18, SERIES OF 1997 - Historic Designation 1008 E. Hopkins .......5 ORDINANCE #23, SERIES OF 1997 - Subdivision 1230 W. Cooper (Fireside Lodge) .....................................................................................................................6 ORDINANCE #25, SERIES OF 1997 - Golf and Parks Maintenance Building Final PUD ........................................................................................................................9 ORDINANCE #26, 1997 - Supplemental Appropriations ......................................14 PAVING OF ALLEY IN WEST END ..................................................................15 18