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HomeMy WebLinkAboutminutes.council.20030414 Regular Meeting Aspen City Council April 14~ 2003 BARILOCHE SISTER CITIES ................................................................................. 2 SEXUAL ASSAULT AWARENESS MONTH ....... ~ .................. ........................ ,. 2 CITIZEN PARTICIPATIONi ................ i .................................................................... 2 COUNCILMEMBER COMMENTS ....................... ii ............................................... 3 CONSENT CALENDAR ............................................................................................ 4 · Resolution #29, 2003 - Mall Leases ....................................................................... 7 · Resolution #30, 2003 - Add AVLT land to Burlingame COWOP; additional COWOP Members ......... .~. ......................... i ..................................................................... 7 · Resolution #31, 2003 - Contract - Design Puppy Smith Affordable Housing ...... 7 · Resolution #32, 2003 - ASW Contract Burlingame Parcel D ................................ 7 · Resolution #24, 2003 - Brush Creek park and Ride Lot Expansion ................ ~..~.. 7 · Minutes - March 24, 2003 ...................................................................................... 7 ORDINANCE #20, SERIES OF 2003 - Park-Dale Subdivision ...................... 7 ORDINANCE #17, SERIES OF 2003 - 321 West Bleeker Lot Split ..............8 ORDINANCE # 18, SERIES OF 2003 - Obermeyer Place COWOP Project 9 RESOLUTION #33~ SERIES 0F 2003 - The Residences at Little Nell Conceptual Approval ...... ............................................................................................ 16 RESOLUTION #34, SERIES OF 2003 - Little Ajax Annexation .................. 18 JAZZ ASPEN NOISE REQUEST ........................................................................... 18 MCDONALD'S TREE REMOVAL PERMIT .................................................... 19 · RESOLUTION #33, SERIES OF 2003 - The Residences at Little Nell Conceptual Approval .................................................................................................. 20 Regular Meeting Aspen City Council April 14, 2003 Mayor Klanderud called the meeting to order at 5:00 p.m. with coUncilmembers Paulson, Semrau, McCabe and Hershey present. BARILOCHE SISTER CITIES Don Sheeley, president of Sister Cities, reminded Council Aspen and Bariloche, Argentina, have had a trial relationship for 2 years. This week members of the Bariloche Council and Tourism bureau are in Aspen to sign the official documents to make Aspen and Bariloche sister cities. Griff Smith, sister cities, noted the formal signing ceremony is Wednesday at 6 p.m. at the St. Regis. Mayor Klanderud introduced Alberto Icare, Intendente of San Carlos de Bariloche Gustavo Ezquerra, president of Sister Cities, Bariloche, Reni de Ezquerra, Representative of the Bariloche Adaptive Ski Program and Guillermo Estevez, Representative of Emprotur. SEXUAL ASSAULT AWARENESS MONTH Mayor Klanderud and Council proclaimed April Sexual Assault Awareness Month and recognized all those who respond to these types of crimes. Mayor Klandemd and Council presented the proclamation to Peg MacGovock, RESPONSE. CITIZEN PARTICIPATION 1. Ernzy Veazy III noted Council did not pledge allegiance to the flag. Veazy said Council seems to forget voting groups like pro Americans, affordable housing, religious groups, senior citizens and the unemployed. Veazy said the city does not have a senior citizens commission. Veazy said Aspen should stop their American-phobic attitude because traditionally this is an American city. Veazy said there is a lot of conflicts of interest and there should be more recusing. 2. Shirley Ritter, Kid's First, told Council decisions are being made at the state and federal level that will reflect on the well being of children. Ms. Ritter requested Council write letters or make phone calls tomorrow to state legislators to urge them to let the Colorado Department of Education determine the best way to allocate the Colorado pre-school program spaces for at risk kids. Ms. Ritter said this has been the responsibility of the Department of Education. Aspen benefits from 25 of these :spaces. 2 Regular Meeting Aspen, Ci.ty Council April 14~ 2003 COUNCILMEMBER COMMENTS 1. Mayor Klanderud thanked everyone involved in bring to fruition the Aspen Recreation Center. Mayor Klanderud noted 1200 people attended the grand opening last weekend. The ARC staffand city staffvolunteers worked hard to make it a great event. 2. Councilman Hershey agreed the Aspen Recreation Center is a tremendous facility and it has to be seen to be appreciated. 3. Councilman Hershey stated he is an employee of the Aspen Skiing Company and he has spoken to the city attorney's office and the Ski Company Attorney regarding the application of the Residences at the Little Nell. Councilman Hershey said the Ski Company will be selling a sliver of land and will be managing the project. Councilman Hershey said he will recuse himself from the Residences of the Little Nell. Councilman Hershey said he has recused himself from all business having to do with the Ski Company over the past 4 years. 4. Councilman Semrau said the Aspen Recreation Center is fabulous and thanked everyone who worked to make it possible. 5. Councilman McCabe said in May 1999 there was a $13 million sales tax election question to pay for construction ora new swirmning pool at Iselin park, golf and Nordic center improvements, renovation of the Ice Garden and trails and parks. $4 million of this bond went to replace the Moore pool. Later the city asked voters to be allowed to retain excess property taxes for this project, which was also approved. The Aspen Youth Center affected a property swap and became part of the new recreation center. The ice hockey group raised $8 million to have a new sheet of ice included in the center. This was a collaborative effort of the entire community and one of the best examples of public/private partnership. The result is phenomenal. 6. COuncilman McCabe said the flags on Main street have been flying to honor the disabled veterans who are in the Aspen Snowmass area, not for the war in Iraq. 7. Councilman McCabe noted the U. S. Congress passed[ the Clean Water Act in 1972. There is currently an attack on this; President Bush is 3 Regular Meeting Aspen City Council April 14~ 2003 going after the bill to try and weaken it. The comment period ends April 16t~. Councilman McCabe suggested citizens contact their U. S. representatives about this bill. 8. Councilman Paulson said the U. S. Postmaster kicked petitioners off U. S. land. Councilman Paulson requested the city's legal stafflook into the possibility of allowing this type of activity on federal land as long as it does not interfere with U. S. post office business. Council agreed to direct staffto look into this. 9. Councilman Paulson said he would like to make comments on VIII(c), The Residences at Little Nell. Mayor Klanderud suggested he wait until that topic comes up on the agenda. 10, City Manager Steve Barwick told Council staff has been approached by Councilman McCabe and members of the Smuggler Mobile Home Park about replacing the water system and undergrounding utilities. Barwick asked if Council is interested in approving staff work of about 10 to 15 hours to look into this. Barwick said there are a variety of alternatives, like special improvements districts, running the bonds through the city. Councilman McCabe said one reason to help out with this is that it looks like the city is pumping processed water into the ground. Council agreed to direct staff to work on this. I 1. Mayor Klanderud passed out ACRA's summer vacation planner that was put together with city's marketing dollars. 12. Councilman McCabe told Council the Burlingame Housing Inc. approved next year's budget and extended the management contract for two years. There is $100,000 surplus in the budget. CONSENT CALENDAR Councilman Hershey pulled Resolution #30, Adding AVLT land to Burlingame COWOP. Councilman Semrau pulled Resolutions 31 and 32, Contracts - Puppy Smith Affordable Housing and ASW Contract Burlingame Parcel D. Councilman McCabe pulled offResolution #29, Mall Leases. RESOLUTION #29, SERIES OF 2003 Mall Leases Regular Meeting Aspen City Council ....... April ~4, 2003 Councilman McCabe suggested that instead of allowing restaurants to use the mall April and May free, April be free and May be 50%. Councilman Paulson opposed the 3% increase because of the economy. Mayor Klanderud, Councilmembers Semrau and Hershey were in favor of approving the resolution as is. Councilman Semrau noted a 3% increase is 11-cents/square foot. Mayor Klanderud said the mall lease amount was not raised last year. RESOLUTION #30, SERIES OF 2003 ~ Add AVLT land to Burlingame COWOP; Additional COWOP Members Councilman Hershey suggested Councilman Semrau be a COWOP member rather than Mayor Klanderud. Councilman Semrau has experience in constructing affordable housing. Councilman Hershey noted all Council may attend the COWOP meetings. Councilman Paulson said why appoint Councilman Semrau when all Council may attend; why not list all Council members. Councilman Semrau said Council has voted to go forward with Burlingame infrastructure. Councilman Semrau said he feels he can use his experience to advance Burlingame with the specifics of w]hat Council has agreed. Mayor Klanderud said she would like to attend the Burlingame COWOP meetings and supports Semrau's appointment. Councilman McCabe said he will step down so that Councilman Semrau and Mayor Klanderud could be the voting members on the Burlingame COWOP; these two Council members represent two different points of view. Councilman Paulson agreed. Councilman Hershey moved to appoint Tim Semrau and Helen Klanderud to the Burlingame COWOP; seconded by Councilman McCabe. Councilman Paulson said he would like to make sure there are not more problems with RO units and corporations. Councilman Semrau noted Council already agreed on the mix for Burlingame units. Councilman Semrau noted if Councilman Paulson is interested in a change of policy, the proper place to initiate this is at the Housing Board. Councilman McCabe said he is not a big fan of RO units; however, they are what make the project financially feasible. Mayor Klanderud said the resolution makes it sound as if tl~[e AVLT land was purchased to exceed the approved number of units. Councilman Regular Meeting Aspen City Council April 14, 2003 Paulson said the electorate approved 225 units and the project should be consistent with that number. Michele Bonfils, asset management, told Council the purchase of the AVLT land would allow the :number of units to increase fi.om 225 to 330. Mayor Klanderud requested "not to exceed the 330 units identified in the pre-annexation agreement". Councilman Paulson said he would like language stating this will be a dense project, not a sprawl project. Councilman Semrau said this is in the first statement of the adopted COWOP. Councilman Paulson said his goal is to have this project be the smallest footprint possible. RESOLUTION #31, SERIES 2003 - Contract Loris & Associates Puppy Smith Affordable Housing Councilman Semrau asked if this was purchased with open space funds and will be built with AMP funds, which is the owner. Ed Sadler, asset manager, told Council this will be built with a variety of fimds administered through AMP. Councilman Semrau said Council has decided to build housing in a developer procurement process. It is possible to consider this model even though this is only 3 units. Sadler said the rules have been anything over $2 million goes through that model. This is only 3 units and will not cost that much. Sadler told Council the city purchased packaged plans with the help of CORE and approved by COWOP. There will be restoration work on the existing building. Sadler said this contract is to made amendments to the packaged plans to make it fit with the neighborhood. Councilman Semrau requested the architect be given the design template and the target cost per square foot. Sadler said the older building might make this difficult. Councilman Semrau stated he would like the plans to meet the city's minimum requirements for affordable housing. City Manager Steve Barwick said he has no problems with meeting the minimum qualifications and staff can have the architect look at that. Barwick cautioned Council about expecting this to come al~ywhere near the cost of Parcel D as Council directed staff to push green construction. Mayor Klanderud said this is open space and there will be an election question on the use of this open space. RESOLUTION #32, SERIES OF 2003 - Contract ASW Burlingame Parcel D Councilman Semrau said he understood the solar water heating will only be added if it is to come out of REMP funds. Councilman Semrau asked why Regular Meeting Aspen City Council April 14, 2003 the city should sign a contract including $172,000 for solar water heaters. Ed Sadler, asset manager, told Council this is only budget authority to spend that $172,000 if approved by REMP. Sadler noted when REMP funds are approved for projects, the money comes to the city and then the project is paid for. CORE has not yet reviewed this. Councilman Semrau said staff is asking for approval of a contract of $6.7 million, which includes up to $172,000 to be paid by CORE. Sadler said if CORE chooses not to pay the $172,000, the solar water heaters will not be part of the design. Councilman Hershey moved to approve the consent calendar; seconded by Councilman Semrau. The consent calendar is: Resolution #29, 2003 - Mall Leases · Resolution #30, 2003 - Add AVLT land to Burlingame COWOP; additional COWOP Members · Resolution #31, 2003 - Contract - Design Puppy Smith Affordable Housing · Resolution #32, 2003 - ASW Contract Burlingame Parcel D · Resolution #24, 2003 - Brush Creek Park and Ride Lot Expansion · Minutes - March 24, 2003 All in favor, Councilmembers McCabe and Paulson vote no on Resolution #29, only. Motion carried. ORDINANCE #20~ SERIES OF 2003 - Park-Dale Subdi~rision Councilman Hershey moved to read Ordinance #20, Series of 2003; seconded by Councilman McCabe. All in favor, motion carried. ORDrN^NCE No. 20 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL ?LPPROVING THE SUBDIVISION OF LOTS 4A AND 5A, OF THE INDEPENDENCE NO. 2 SUBDIVISION TO CREATE LOTS 1, 2, AND 3. OF THE PARK- 7 Regular Meeting Aspen CiW Council April 14~ 2003 DALE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Paulson moved to adopt Ordinance #20, Ser~,es of 2003, on first reading; seconded by Councilman Hershey.. Mayor Klanderud asked if this includes the results of an earlier Council discussion on curb and gutter and width of the street. James Lindt, community development department, said it does. Councilman McCabe said he would like to see the plans included. Julie Ann Woods, community development department, told Council this is a subdivision only; the applicant is requesting approval of a 3-lot subdivision. Roll call vote: Semrau, yes; McCabe, yes; Paulson, yes; Hershey, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #17, SERIES OF 2003 - 321 West Bleeker Lot Split James Lindt, community development department, told Council this is a 12,000 square foot parcel and the request is to split it into two 6,000 square feet lots. This is located in the R-6 zone, which requires a minimum 6,000 square feet lot size. Lindt said the applicants propose to build a single- family residence on each lot and to meet the residential design standards. They will either pay cash-in-lieu or build ADUs on site. Lindt noted there is an existing residence that will be bisected by this lot split. The residence will be maintained and given an easement agreement until 'the new lots are developed. Councilman McCabe noted under the GMQS exemption, there are 5 choices and he would like the choice for the attached and/or partially or fully subgrade ADU be eliminated. Councilman McCabe said Council has been trying to get away from unlivable subgrade ADUs. Lindt said Council could change condition 3(b) to remove choice b from Section 26.470.070. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Paulson asked if there are any implications to the historic inventory. Lindt said this was reviewed and not put on the inventory. 8 Regular Meeting Aspen Ci,ty Council April 14~ 2003 Councilman Hershey moved to adopt Ordinance #17, Series of 2003, amending condition 3(b) to remove (b) from Section 26.470.070; seconded by Councilman Semrau. Roll call vote: Paulson, yes; Hershey, yes; McCabe, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #18~ SERIES OF 2003 - Obermeyer Place COWOP Project Chris Bendon, community development department, reminded Council the city adopted the Convenience and Welfare of the Public (COWOP) for projects of significant public interest. This process would allow projects deemed to have significant public interest to proceed by involving all interested parties at the beginning and throughout the process. At the beginning of a project, Council determines the particular project to be eligible for the COWOP process and at the end, Council adopts an ordinance. This was the first project to go through the COWOP process and in March 2002, Council determined it eligible for the COWOP process. At the same time, Council approved the 20-member task force, which included Councilman McCabe and Mayor Klanderud. There were a total of 15 meetings, all of which were publicly noticed. During this process, there were 3 check ins with Council. Since the final decision with Council and the COWOP, the planning staff has taken the project through DRC. Staff has also been checking with the referral agencies. Bendon reminded Council in this process, a series of issues were balanced and a recognition gained that those issues has a connectedness. The Obermeyer project proposes a replacement of all the service/commercial and industrial space on site. There is affbrdable and free market housing, 2 layers of underground parking, 9,000 square feet of medical office space. Bendon told Council one goal throughout the project is that Klans Obermeyer wanted to replace all existing businesses on site. Some of these uses are non-conforming and the ordinance replaces these and reinstates · their non-conforming use status. There is a request for temporary use of 3 city properties, the Zupancis property, the former Youth Center, and the recycling center. Council must grant that temporary use and as owners of the property, decide the terms of these temporary uses. Council will discuss the terms of these temporary uses tomorrow night. 9 Regular Meeting Aspen City Council April 14, 2003 Bendon showed East Bleeker street, which is very narrow and the applicants propose to vacate this street. Bendon said in researching this, the project team found a 3,000 square foot section of land with no claim to it. The city may issue a Mayor's deed for that parcel and add a section to the ordinance reflecting that. Bendon told Council Mayor's deeds are used to give titles to land when the land has no claim to it other than city interest. Bendon noted the following should be added to the ordinance, "The city of Aspen City Manager is hereby authorized to execute and issue a Mayor's Deed to Obermeyer Place Holding Company LLC on behalf of the city of Aspen for that portion of land South of Rio Grande subdivision lot #9 as described on the Obermeyer Place Mayor's Deed parcel exhibit map. The exhibit map shall be recorded with the Pitkin County Clerk and Recorder". Bendon pointed out under the city code, minor amendmentts would go through P&Z, who has had no history of this project. Bendon said staff recommends the COWOP task force team be reconstituted if an amendment needs to be processed. Major amendments will go through Council. Bendon said this project has benefited from the involvement of tenants, neighbors, and P&Z members. All the input made this a better project Klaus Obermeyer agreed this was a positive experience and hopefully will be a win/win/win solution. Leslie Lamont said the AACP update, the infill program and the civic center master plan all identified the need to protect Aspen's few remaining small businesses and to preserve those elements ora working town. This encouraged Obermeyer to think seriously about the renovation of the Obermeyer property, which will put the largest small business park in Aspen on a more stable foundation. Obermeyer purchased the building adjacent to this property and convinced the two property owners to the south to participate in the project. Ms. Lamont pointed out this project will provide a pedestrian connection from town, to the park, to the trails and to the river. There will be 21 deed- restricted units and the housing board has endorsed this. T]here are two levels of underground parking which will meet the parking the parking requirement plus an additional 56 spaces, 20 of which will go to the city for use for municipal vehicles. The additional 36 spaces may be used for off- site parking for infill or other purposes. The applicant is giving $125,000 to upgrade the recycling center, which has been a commitment from the beginning of this project. 10 Regular Meeting Aspen City Council April 14, 2003 Ms. Lamont said there will be room for new small businesses in this project. The Aspen Valley Hospital has committed to renting office space for use for- local physicians. The focus of this project is locally serving businesses and medical office space meets that goal. Ms. Lamont noted this application does not propose rezoning from S/C/I nor does it propose to change the allowed uses in S/C/I. Ms. Lamont said when this project is redeveloped, the rents will go up to reflect the upgraded conditions; however, it is Obermeyer's goal to preserve the existing tenants and provide a space in which to relocate. It would be counter productive to raise the rents beyond what those tenants could pay. Steve Semanski told Council they have made a commitment to work with the tenants to relocate them during construction and to move them back into the new project. Semanski said relocation of businesses is as important to this project as is the financing. Bob Schiller reminded Council they reviewed this project in October. There have been refinements, review by city agencies, meetings with COWOP and meetings with the tenants. Schiller noted Rio Grande Place will remain in its existing alignment with some minor improvements. The recycle center will remain where it is on city property. The team did investigate rearranging the recycle center in order to turn some land back into parks; however, this did not work out. All involved parties will work to redesign the recycle center to improve the screening, appearance and operation to make it less visible. The city has agreed to remove the snowmelt area and this area will be returned into a parks use. Schiller proposed the vacation of East Bleeker street, which is one-way, congested, narrow, and creates dangerous intersections. Another design determinant is the pedestrian link from Hunter through the site down to the park and the river. The applicant proposes to improve the existing pedestrian corridor to the west of Concept 600 and that the city grant an additional 10 foot easement through the Zupancis property to allow an improved pedestrian access. One of the original goals of the COWOP task force was to improve traffic safety, pedestrian safety and way finding. Schiller showed the 5 buildings, parking underlying the entire site of the 5 buildings. The central building is one-stow to preserve the 'view planes and is proposed to have a sod roof. The other buildings range from 2 to 3 stories; there is nothing higher than the 35-foot height limit from existing 11 Regular Meeting Aspen City. Council April 14, 2003 grades. There is commercial space fronting on Rio Grande place with parking outside the storefronts. This will be for businesses that have the most need for in and out traffic. There is a pedestrian commercial district on the western portion of the site on plaza level. This will be for businesses that do not need vehicle access, like the gym and martial arts studio. On the east side is the pedestrian residential neighborhood, consisting of deed restricted housing with entrances at grade and patios or open space. There is interior commercial space, areas for businesses in the parking levels, which do not need high visibility. There are 37 on-grade parking spaces in 4 locations. There is parking underground, the lowest level has 82 spaces and the upper parking level at street front on the north side with 66 parking spaces on the upper level. Schiller pointed out the proposed 9,000 square feet of medical office space. This space was found by decreasing space between the buildings, adding a lower parking level, and switching some residences around. The second floor level is all residential. Schiller showed Council presentation boards of the projects, showing proposed materials, open spaces, :facades, and varying roof heights. Schiller said the tenants will all have different needs and things to mitigate, like venting, noise, fumes. Schiller pointed out that this project does not block the view of Independence Pass from the Rio Grande playing fields. Schiller told Council the applicants are committed to exploring energy efficient development. They may use a gas-turbine generator to create energy. They are investigating geo-thermal wells, and photovoltaic cells. There will be accessibility to this site. Councilman Semrau asked if this project completely meets the 35 foot height limit. Schiller told Council there are some existing allowances for mechanical equipment, solar collectors. The ordinance contains some allowances over the height limit for things like elevator heads as long as they are I0 feet back from the edge of the buildings. Schiller said they propose skylights for energy efficiency and quality of space and have asked that these be allowed to exceed the height limit. Councilman Semrau asked if medical offices are currently an allowed use in the S/C/I zone. Bendon said the ordinance approves a specially planned area overlay to allow for uses and rehousing of non-conforming uses. Medical offices will be allowed in this project in S/C/I only. Mayor Klandernd said 12 Regular Meeting Aspen City Council April 14~ 2003 the task force felt allowing these medical offices was not taking away from the S/C/I uses already there. The medical offices were included by rearranging space. The proposal for the medical offices provided an economic benefit to the developer and did not sacrifice any S/C/I space planned for this project. Councilman Paulson asked if this will look like the hospital is keeping space from other doctors. Schiller said this space was created on a request from the hospital in order to be able to consolidate several practices. Councilman Paulson asked about doctors not associated with the hospital. Belinski said the Obermeyer project is not committed to anyone in particular. Councilman Paulson said he would like to make sure this is a fair process. Councilman Semrau asked about the potential for 50 extra parking spaces on the Zupancis property. Bendon said the applicants want to preserve the right to build a garage under the Zupancis property, if the opportunity arises, Schiller told Council they are not proposing these parking spaces as part of their project; however, they are designing their project so the garage can be accessed through their garage. Councilman Semrau noted the proposal states they will determine the RO and deed restricted prices by a focus group, allocated costs and a methodology prior to building permit. Councilman Semrau asked why the applicants are not just following the housing guidelines. Schiller said the applicants do not know what any part of this will cost. They are in the process of more detailed costing. Belinski said the category pricing recently adopted by the housing office will be close. Schiller said the RO units will be priced by the applicants. Councilman Paulson asked how the businesses will be protected from the homeowners. Schiller said the first way is to design the building to contain the impacts and deal with this up front. The buildings will be vented, there will be thick concrete floor systems to contain noise. Schiller pointed out the 42 residential tenants will buy their units being aware of the mixed use nature of this project. Mayor Klanderud asked how the hospital's housing mitigation for this project will be resolved if the city does not agree. Ms. Lamont told Council the hospital needs to provide a plan that can be approved; the plan will be based on the Code requirements. 13 Regular Meeting Aspen Ci.ty Council April 14~ 2003 Mayor Klanderud asked if this ordinance is approved, where is the assurance that the deed restricted homeowners will have equity with the free market owners and the commercial owners. Mayor Klanderud asked about COWOP task force approving any amendments. Mayor Klanderud said she does not want to create another standing board. Councilman Semrau suggested this should be P&Z. Bendon said the task force team felt their institutional memory might be better than P&Z who has no history with this project. This is only through construction. Mayor Klanderud opened the public hearing. Marcia Goshorn, COWOP member, told Council she is comfortable with the mitigation of this project because it is preserving locally serving businesses. Ms. Goshorn said the ordinance should be amended so that any "bought down" units should be sold through the lottery rather than at the owner's discretion. Debra Moore, Oklahoma Flats resident, thanked the Obemneyer team for listening to the neighbors on their issues and their values. Ms. Moore asked the city to have sensitivity to the neighbors, when the recycle center is designed. Rich Wagar said this project speaks to having friendship between ,, the different segments of the community. Jim Pomeroy said he likes the idea that someone is willing to take a chance on a project like this. The developer is trying to make this affordable to commercial uses. Terry Young, tenant, said taking precautions in building and over-insulating and venting will hopefully solve the residence/commercial problem. Young said he is looking forward to the future of the ski tuning business in the community. Beth Gill, tenant and COWOP member, said every tenant was invited to every meeting. There was listening and compromise in the process. Toni Kronberg said staffdid a great job of pulling all the different entities together in this process. This application is a hearing on Aspen's values, character and goals. This project protects the mountain's views, is a project that residents can walk to anywhere in town. Ms. Kronberg said the ordinance states the city will pursue alternative locations for the location of the recycling center within the city's master plan. Ms. Kronberg pointed out everyone drives to this recycling center, which goes against the city's goals. Ms. Kronberg said there are solutions for alternative locations. ¸14 Regular Meeting Aspen City Council , April 14~ 2003 Mayor Klanderud closed the public hearing. Councilman Hershey said he has never seen an instance where the community worked together and came up with compromises. There are great assets and one of them is the owner of the project, Klans Obermeyer. Councilman Semrau moved to adopt Ordinance #18, Series of 2003 with the following amendments; (1) P&Z instead of the COWOP task force is too approve amendments to the plan; (2) city will have the right of first refusal to purchase the extra 36 Parking spaces not sold within th,: project itself; (3) not to grant the easement until after the project is built; (4); the applicants will draft language to insure that the dues for the affordable housing units are reasonable; this agreement must be approved by the housing board prior to building permit; (5) the conditional use approval will expire when the current lease expires; seconded by Councilman Hershey. Councilman Semrau added language "in the event of buy downs, the unit will go to public lottery per APCHA guidelines"; Councilman Hershey agreed. Bendon suggested the section regarding temporary uses be, pulled out of the ordinance and continued to tomorrow night. Councilman Semrau agreed to continue that portion until 4/15. Councilman Paulson said he would like the easement on Zupancis property not to be eliminated. Mayor Klanderud supports giving the easement. Councilman Semrau said he supports a trail; however, it could be in the wrong location and he would like to wait until a building envelop is determined. Hoefer suggested the city reserve the right to revoke the easement at their discretion. Councilman Semrau said he would accept that as he does not want to limit the options on the Zupancis property. Ms. Lamont told Council there is an existing 10 foot easement on the west side of the Concept 600 building. The ability to add 10 feet to that easement will greatly enhance the pedestrian trail. Councilman Semrau amended the motion to make the easement revocable; seconded by Councilman Hershey. 15 Regular Meeting Aspen City Council April 14~ 2003 Councilman McCabe said if the city purchases the extra parking, there is no assurance that the businesses in the Obermeyer project will be able to purchase more spaces, if needed. Belinski said these are extra spaces beyond the required by city code. Councilman Semrau asked if these are in a location that would be usable to the businesses. Belinski suggested the city have a right of refusal on the parking spaces after they are offered to an existing tenant. Council agreed. Schilling noted the applicants plan to offer spaces for sale to purchasers of the free market units. Council said their right of refusal would be after the offer to the purchasers. Mayor Klanderud said she does not agree with the revocable easement; however, she will vote in favor of this project. Schilling requested the COWOP task force be allowed to approve the amendments rather than the P&Z. Schiller said the P&Z has not been privy to all the discussions over the last year and are being asked to approve the consistency of something when they do not know what the starting point was. Once the project is built, the P&Z and will have ability to review the project and the amendments. Mayor Klanderud said the task force is a floating group, not always the same members are at the meetings. Mayor Klanderud said she has confidence in the city's P&Z. They deal with amendments all the time. Councilman Paulson said this is a great project. The applicants used the existing rules and made it work. The neighbors had input and got changes. Councilman McCabe said this project will be a benefit to tihe community. The applicant's willingness to be flexible has been astonishing. Roll call vote: Paulson, yes; Semrau, yes; Hershey, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #33, SERIES OF 2003 - The Residences at Little Nell Conceptual Approval Councilman Hershey said the Aspen Skiing Company has an interest in this project and as an employee of the Skiing Company, he will recuse himself. Councilman Hershey left the room. Councilman Paulson said a letter from the Aspen Skiing Company was sent out endorsing 4 candidates, 3 present members of Council received that endorsement. Councilman Paulson said this is not like one :individual 16 Regular Meeting Aspen Ci,ty Council April 14~ 2003 endorsing another individual. This is an employer, 3,000 of these letters went out. Councilman Paulson requested this application~ be continued until after the election so it does not put a weird light on the Council, or that this issue be continued until the next meeting so that everyone has been able to read the letter and knows what the consequences will be. Councilman Paulson said it is a problem with a big company endorsing candidates because if that company has a proposal before Council, the candidates endorsing this come across as pro-development, which the Ski ComPany is. The Ski Company has always had an interest in trying to control the politics in Aspen, development procedures, etc. Councilman Paulson reiterated Council should not proceed with the project until after the election. Councilman Paulson said perception is everything and sometimes perception wins out over truth. David Hoefer, assistant city attorney, said Council should look at the basis of conflict of interest. The basis of conflict of interest is that one should recuse themselves if they cannot be fair to the applicant and to the public. In this case, the Ski Company is exercising their First Amendment right to endorse candidates and as along as Mayor Klanderud and Councilman McCabe feel they can be fair to the public and to the applicant and this endorsement has not prejudiced them, they do not have a conflict. Councilman Semrau said anyone could endorse any member of Council and that Council persons would have to recuse themselves all the time. Councilman Paulson said this is different because a major employer in the upper valley is making a statement about the candidates they support. Mayor Klanderud said one has a right to support candidates. Councilman Paulson said he feels this has put the candidates that were endorsed in a pro- development mode. Hoefer said it is not fair to the applicant to postpone this for two months. Mayor Klanderud said she does not feel this endorsement affects her ability to be unbiased and to make a decision on this application in fairness to the applicant and with the good of the community in mind. Councilman Hershey recused himself because he is an employee of the Ski Company. Mayor Klanderud asked what would be the different in postponing this until June, the perception of bias would still be there in June. Councilman Paulson said it would take it out of the political arena and being part of the industrial complex the Ski Company wants to pose for this valley. 17 Regular Meeting Aspen Ci,ty Council April 14, 2003 Mayor Klanderud stated she is not going to recuse herself. Councilman McCabe said Council is advised to avoid the appearance ora conflict. Councilman McCabe said he has not heard the discussion of this project and does not know his vote. Councilman McCabe said he wi~.l recuse himself. Councilman Semrau moved to suspend the rules and extend the meeting until 10 p.m.; seconded by Councilman Paulson. All in favor, motion carried. The applicants withdrew to consider their action. RESOLUTION #34, SERIES OF 2003 - Little Ajax Annexation City Clerk Kathryn Koch reported this annexation has been published and mailed to the appropriate parties. There are no other annexations pendi~nt~. Julie Ann Woods, community development department, said there is 1/6 contiguity, this Mil not result in detachment, and it is not more than 3 miles from the city bonndary. David Hoefer, assistant city attorney, stated the requirements for annexation have been met. Mayor Klanderud opened the public hearing. Donna Fisher stated the only reason for annexation is for more development. Ms. Fisher said there are many people who want to keep Shadow Mountain as open space and are very much against annexation. Councilman Hershey noted if this is annexed, the city will have more control over development. Mayor Klanderud closed the public heating. Councilman Hershey moved to approve Resolution #34, Series of 2003; seconded by Councilman Semrau. All in favor, motion carried. Councilman Paulson said he does not feel this is the right thing for the city to do. The county should have jurisdiction over this rural property. All in favor with the exception of Councilman Paulson; motion carried. JAZZ ASPEN NOISE REQUEST Regular Meeting Aspen City, Council April 14~ 2003 Jannette Whitcomb, environmental health department, toJ[d Council the special event committee has approved a request for Jazz Aspen to have their summer concert in the Rio Grande Park June 19 to 22. The recently adopted ordinance allows non-profit organizations to have noise levels up to 100 decibels until 9 p.m. There is no appeal provision. Jazz Aspen is requesting to have their concerts until 10:15 p.m. all 4 nights. Jim Horowitz, Jazz Aspen, said they will make this as minimally impactive as possible. The tent is entirely closed, which should minimize the noise. Horowitz pointed out they have scheduled all performances so as not to conflict with the Music tent. Donna Fisher said this should be approved, let there be noise. Don Roth, MAA, said they understand Jazz Aspen is in a bind for locations this year. The MAA is not opposing this request as Jazz Aspen has agreed to be silent when the tent is being used. Roth said they have concerns about a June event being located in Rio Grande Park. Andrew Kole said he favors Jazz Aspen being allowed to do the best job to find out if this is something the city wants to continue. Janet Ferrara, Given Institute, said they are concerned about the noise. They are having a conference at the same time; however, the readings will be at Paepcke Park.. Alan Osburn, Theatre in the Park, told Com~cil they will not be able to open their season until after Jazz Aspen. The Board of Directors would like the city to look into the possibility of no events in Rio Grande park that would conflict with other users. Mayor Klanderud entered letters of support from Bill Stirling, Ron Erickson, Georgia Hanson, and Lorrie Winnerman. Mayor Klanderud said she would like to support this request and allow Jazz Aspen to try it this summer. Council agreed. MCDONALD'S TREE REMOVAL PERMIT Stephen Ellsperman, parks department, told Council staff has been in discussion with the McDonalds since November 2002. Parks staff denied the tree removal permit, the McDonalds disagreed. Ellsperman noted there are conflicting goals in tree protection, like solar light, which is not addressed in the tree code. Ellsperman said the issue is whether Council is 19 Regular Meetin~ Aspen City Council April 14, 2003 interested in scheduling a work session to go over the tree code. Cotmcil agreed this shOUld be scheduled for a work session to go ,over differing goals like historic preservation, solar light, tree replacement. RESOLUTION #33, SERIES OF 2003 - The Residences at Little Nell Conceptual Approval Councilman Hershey and Councilman McCabe left the meeting. Brooke Peterson, representing the Applicant, requested Council open the public hearing and continue it to April 28th. Councilman Semrau moved to open the public hearing on the Residences at Little Nell; seconded by Mayor Klanderud. All in faVor, motion carried. Councilman Semrau moved to continue Resolution #33, Series of 2003, to April 28; seconded by Mayor Klanderud. All in favor with the exception of Councilman Paulson; motion carried. Councilman Paulson said this should be put offuntil June. Councilman' Semrau moved to go into executive session at 10:20 p.m. pursuant to C.R.S. 24-6-402(4)(a), acquisition of property; seconded by Councilman Paulson. All in favor, motion carried. All in fhvor, motion carried. Councilman Semrau moved to come out of executive session at 10:30 p.m.; seconded by Councilman Paulson. All in favor, motion carded. Councilman Semrau moved to adjourn at 10:30 p.m.; seconded by Councilman Paulson. All in favor, motion carried. City Clerk 20