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HomeMy WebLinkAboutminutes.council.20031208Regular Meeting Aspen City Council December 8~ 2003 2 CITIZEN PARTICIPATION ...................................................................................... COUNCILMEMBER COMMENTS ........................................................................ 2 CONSENT CALENDAR ............................................................................................ 3 · Resolution #110, 2003 - State Historic Preservation Tax Credits .......................... 3 · Resolution #111. 2003 - Legislative Position on Low Income Energy Assistance Bill .................................................................. : ........................................ : ..................... 3 · Resolution #112, 2003 - Red Mountain System Improvements- Electric and Control Contract .............................................................................................................. 3 3 · Board Appointments ............................................................................................... · Minutes - November 24, 2003 ................................................................................ 3 RESOLUTION # 109, 2003 - REMP Spending ..................................................... 4 RESOLUTION #113, 2003 X-Games Request - Banners on Light Poles.. 5 RESOLUTION #99, SERIES OF 2003 South 7th and Hopkins Annexation ORDINANCE #56, SERIES OF 2003 - Centennial PUD Amendment .......... 6 ORDINANCE #57, SERIES OF 2003 - Bavarian/Top of Mill PUD Amendment ..................................................................................................................... 7 ORDINANCE #60, SERIES OF 2003 - Amending Model Traffic Code ...... 8 RESOLUTION #90, SERIES OF 2003 - Knollwood Annexation .................... 8 ORDINANCE #59, SERIES OF 2003 - Adoption of the International Building Code ................................................................................................................. 8 ORDINANCE #58, SERIES OF 2003 Park Place Planned Unit 9 Development ................................................................................................................... RESOLUTION #114, SERIES OF 2003 Aspen Ski Company Information Kiosks ................................................................................. ~ ............................................ 18 RESOLUTION #115, SERIES OF 2003 - HPC Appeal 625 '635 East Hopkins Avenue ........................................................................................................... 21 Regular Meetin~ Aspen City, Council December 8~ 2003 Mayor Klanderud called the meeting at 5:00 p.m. with Councilmembers Paulson, Torre, Semrau and Richards present. CITIZEN PARTICIPATION 1. Bill Dinsmoor, CCLC, requested $1200 for two nights of carolers, 1 - 1/2 hour each night, December 20 from 3 to 4:30 and December 22 from 6 to 7:30. The cost is $600/night, total $1200. Mayor Klandemd said in the future she would like these requests to be regular agenda items with memoranda back up; however, due to the timing she would approve this request. Councilwoman Richards said this would add te the holiday spirit of visitors and residents both. Steve Barwick, city manager, told Council there is $13,000 in their contingency fund. All Council agreed to the expenditure. 2. Jerry Bovino, Aspen Pure Bottled Water, told Council he has concerns about the bidding process for the bottled water contract at the Wheeler Opera House. Bovino told Council the city manager's office has been responsive and is investigating this issue. Bovino noted Aspen Pure is a locally owned company and its logo depicts Aspen trees and the Maroon Bells. This water is native to Colorado. Aspen Pure employs 5 people locally and 80 people in Colorado. Bovino said he feels using Aspen Pure in the Wheeler is logical. Bovino noted Municipal Code 4.12.010(1) mandates contracting preferences for locally owned businesses. Bovino said Aspen Pure is the logical choice for the Wheeler Opera House. Bovino said in the competitive bid, they noted they will donate free water to all charitable functions. COUNCILMEMBER COMMENTS 1. Mayor Klanderud said it is great to see all the snow and how the community attitude changes when it snows. 2. Mayor Klanderud commended the Aspen Skating Club for the delightful show last weekend. 3. Councilwoman Richards reminded everyone of the special meeting December 9th to review affordable housing at Burlingame Village, whether to go forward or not. 2 Regular Meeting Aspen City Council December 8, 2003 4. Steve Barwick, city manager, requested an executive session at the end of the meeting re discuss land acquisition. 5. Councilman Torre said he will be attending the NW Council of Governments this weekend. Councilwoman Richards said she will be attending the RWAPA meeting this week. CONSENT CALENDAR Councilman Semrau requested Resolution #109, REMP spending be pulled for discussion. Councilwoman Richards requested Resolution # 113, X- games request for banners on light poles be pulled. Councilman Paulson moved to adopt the consent calendar as amended; seconded by Councilman Semrau. The consent calendar is: · Resolution #110, 2003 - State Historic Preservation Tax Credits · Resolution #111, 2003 - Legislative Position on Low Income Energy Assistance Bill · Resolution #112, 2003 - Red Mountain System Improvements- Electric and Control Contract Board Appointments CCLC John Starr, regular member Bill Dinsmoor, regular member Mark Breslin, alternate Mark Goodman, alternate Board of Adjustment Charles Paterson Rick Head Bill Murphy HPC Jeffrey Halferty P&Z Eric Cohen · Minutes - November 24, 2003 All in favor, motion carried. Regular Meeting Aspen City Council December 8~ 2003 RESOLUTION #109, 2003 - KEMP Spending Councilman Semrau asked about the Holy Cross rebate program and that these funds will be matched by Holy Cross. Randy Udall, CORE, said Holy Cross Board is reviewing this and has not decided whether they will g~ve matching funds or not. Udall said if Holy Cross does not participate, these funds will not be available outside Pitkin County. Udall said it is easier to promote programs if they are available throughout the valley. Councilman Semrau said he is willing to approve this, contingent upon matching funds from Holy Cross. Mayor Klanderud questioned the zero energy house in Eagle County. The original intention of the REMP money was to have it spent in Pitkin County. Udall said at least 90% of REMP expenditures are made in Pitkin County. There have been small grants to non-profit organizations outside Pitkin County. Udall noted the zero-energy house is just outside Carbondale. CORE has received a $25,000 grant from Home Depot as well as free consulting from the Department of Energy. Udall said one reason to build this house is as a prototype for affordable housing in the upper valley. The lessons learned on this zero-energy house can be applied to the upper valley. Udall told Council there are a lot of good ideas in the RFTA transit and trails map that cannot be funded by RFTA. Udall said COKE felt they should catalyze investment into making some of these happen as the community will grow and RFTA ridership with it. Udall said this proposed grant is seed money for that initiative and to make a good bus system a great bus system. Part of this grant will be to do a bio-diesel demonstration project. Udall pointed out when projects do not come to fruition, the money is returned to the REMP fund. Mayor Klandemd asked about the compensation for COKE. Udall explained the $190,000 figure is total compensation for the past 3 years; the annual compensation is $75,000 a 10% increase over last year's fee. When the REMP first started, CORE's fee was 10% of the cost of each project. Councilwoman Richards told Council she met with Alice Hubbard to discuss a citizen-based transit alliance coalition to help support RFTA in Garfield County. Councilwoman Richards said funding these efforts is important to further transit in the valley. Councilwoman Richards said she would like notice of the availability of funds for energy upgrade of appliances be sent to all affordable housing projects. Councilwoman Richards said she is 4 Regular Meeting Aspen City Council December 8~ 2003 interested in doing a lot of free planting to mitigate pollutants in the air. The REMP could be a funding source for tree planting along highway 82 as a way to reduce carbon. Udall said the only forestry project funded so far is revegetation at the ARC complex. Councilman Semrau asked about the $15,000 for Pitkin County wind power. Udall told Council Pitkin County stopped purchasing wind power from Holy Cross last year. This grant is to re-start buying wind power from Holy Cross. The city gets $50,000 yearly from REMP to buy wind power for the c~ty's utility company. Councilman Semrau moved to approve Resolution #109, Series of 2003, adding that #13is contingent upon Holy Cross joining the program; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #113, 2003 - X-Games Request - Banners on Light Poles Councilwoman Richards said she would like staff to look at the criteria for banners on light poles rather than just a significant anniversary. Last year Food and Wine requested banners and they were denied because it was not a significant anniversary. Councilwoman Richards suggested adding "or Council funded activity" to those allowed banners on Main street. Councilman Torre asked about the request for X-Games to have Main street banners for two weeks and if this is taking up non-profit space. Sarah Oates, community development depamnent, said there are still 4 spaces available for other organizations. Councilwoman Richards moved to approve Resolution #113, Series of~003; seconded by Councilman Torre. All in favor, motion carried. RESOLUTION #99, SERIES OF 2003 - South 7th and Hopkins Annexation John Worcester, city attorney, reminded Council decision to annex is a legislative act solely up to them. The first ~step ~n annexation is to adopt a resolution setting a public hearing. Worcester noted the county asked this property be annexed because it is easier for the city to take care of the street. Mayor Klanderud opened the public hearing. Regular Meeting Aspen City, Council December 8, 2003 City Clerk Kathryn Koch reported the public notice was provided and that there are no other annexations requested for this area. Worcester said the property does have 1/6 contiguity with the city; a commumty of interest exists. The property is within the urban boundary; 100% of the owners petitioned for annexation. Annexing this will not extend the boundaries more than 3 miles. Julie Ann Woods, commumty development department, said this is consistent with the Aspen Area Cornmnn~ty Plan. Mayor Klanderud closed the public hearing. Councilman Paulson moved to adopt Resolution #99, Series of 2003; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #56, SERIES OF 2003 - Centennial PUD Amendment Mayor Klanderud stated her son lives at Centennial; however, he is not an owner and she does not feel she has a conflict of interest. James Lindt, community development department, told Council this PUD amendment request is to convert the model unit into an affordable unit. The second request is to rezone and subdivide offthe existing playground area and dedicate it to the city as a park. Lindt told Council the applicant would like to be able to use the converted unit to house owners, contract employees until the unit is sold with the remainder of Centennial. The applicant is willing to agree that the unit will be limited to no more than 60 days/year with no more than 15 days during any month and no more than 10 consecutive days. Rent will not be charged for housing contract employees. The unit will still be used as a model unit for the rest of the time. Lindt recommended approval. Alan Richman, representing the applicant, told Council they agree with the conditions recommended by staff. Richman told Council the resolution approving the model unit stated if it were occupied, it would have to go through growth management and obtain an allotment. Richman said this does not seem like an appropriate solution and if they obtained a growth management allotment, the unit could be a free market unit. Richman told Council the objective is to be able to house outside consultants at Centennial. The applicant agreed to the time limits because the intent is not to create seasonal housing. 6 Regular Meetin~ Aspen City Council December 8, 2003 Richman said the applicants worked with the city parks department to see what could be done on s~te. The applicant gave $25,000 to improve the park and will dedicate the land to the city. Richman said this benefits both the neighborhood and the applicant. Cindy Christensen, housing department, noted the staff thinks this is a good idea and will monitor it to make sure the unit is not being used improperly. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards asked about fencing the park due to the proximity ora busy street. Scott Chism, parks department, explained this area is below street level and is surrounded by boulders, which creates an enclosure for the playground. Councilman Torte moved to adopt Ordinance #56, Series of 2003, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Semrau, yes; Richards, yes; Torre, yes; Paulson, yes; Mayor Klanderud, yes. Motion carded. ORDINANCE #57~ SERIES OF 2003 - Bavarian/Top of Mill PUD Amendment James Lindt, community development department, said this application from Four Peaks requests approval to swap categories of affordable housing units between the Bavarian Inn and Top of Mill. The request is to change a unit at 821 West Bleeker to convert from category 2 to category 3, to change a unit in the Bavarian Inn from category 3 to category 2, to allow conversion of a category 4 unit to a category. 2 unit and to allow the Top of Mill to convert a category 2 to a category 4. This will not change the number of bedrooms or units. Staff recommends approval. Chris Eckrich, representing Four Peaks, said this is an attempt to match employees to units. Councilwoman Richards asked if any of these units become substandard in size. Lindt said all units are conforming. Cindy Christensen, housing office, told Council the units are still in line with the categories and minimal livable size. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. 7 Regular Meetin~ Aspen City Council December 8, 2003 Councilman Semrau moved to adopt Ordinance #57, Series of 2003, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Semrau, yes; Torre, yes; Mayor Klandernd, yes. Motion carried. ORDINANCE #60, SERIES OF 2003 - Amending Model Traffic Code John Worcester, city attorney, reminded Council they recently adopted the Model Traffic Code. After it was adopted, it was sent to CDOT who had an objection to one small section about traffic signs. This ordinance amends the secnon to which CDOT had an objection. Mayor Klandemd opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Paulson moved to adopt Ordinance #60, Series of 2003, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Torre, yes; Semrau, yes; Richards, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #90, SERIES OF 2003 - Knollwood Annexation Councilwoman Richards moved to continue Resolution #90, Series of 2003, to January 26, 2004; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #59, SERIES OF 2003 - Adoption of the International Building Code Stephan Kanipe, chief building official, told Council 48 other jurisdictions in Colorado have adopted the International Building Code. Kanipe noted consistency of codes is a positive, and makes it more efficient and everyone is speaking the same language. This ordinance contains amendments having to do with the administrative portions of the code. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klandernd closed the public hearing. Regular Meeting Aspen City Council December 8~ 2003 Councilman Semrau moved to adopt Ordinance #59, Series of 2003, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Torre, yes; Paulson, yes; Semrau, yes; Richards, yes; Mayor Klanderud, yes. Motion carded. ORDINANCE #58, SERIES OF 2003 - Park Place Planned Unit DeveloPment Chris Bendon, community development department, told Council this is a 12,000 square foot parcel on East Hyman. The Hannah Dustin building is on the west side of the parcel. The request is to divide this into two 6,000 square foot parcels. There is nothing new proposed for the Hannah Dustin building. The proposal for the east side is a 99 space automated garage. The proposal has a small office for operations, 2 affordable housing units facing Hyman Avenue. Commercial parking facility is a conditional use in the office zone district. Bendon noted the office zone is one of the more broad and varied zone districts. Bendon pointed out the PUD sets the dimensions for the building; the conditional use sets the operating characteristics of the use. The applicant is requesting subdivision to divide the lot and in order to have the two affordable housing units. Bendon told Council all standards for approval have been met. P&Z voted 4 to 3 to deny the project; the growth management commission gave a passing score. Stan Clauson, representing the applicant, presented a power point and video on how the parking operation would work. Clauson noted the parking mechanism allows for high density of cars. There will be no users allowed in the facility. Cars will be moved on a pallet, scanned for the proper size and position. Retrieval times are very short. Clauson said users will always have access to immediate parking; users do not drive around looking for parking spaces. Clauson presented a rendering of the building and the buildings adjacent to it. There is a 10-foot setback between the Benedict Commons and this building. There is a 0 lot line setback on the back of the property. Clauson said the two affordable units are on the 2nd and 3rd level and include a one and three-bedroom units. The housing board approved these. The parking building will be 3 levels below ground and 3 levels above. Because the levels are evenly distributed, this alloWs for the fastest retrieval. There Regular Meetin~ Aspen City Council December 8, 2003 are 2 places of entry/exit. The design allows for substantial quemng within the property. Jeffrey Halferty, architect, showed the affordable units, told Council there will be parking spaces within the facility designated for these units. The proposed materials will help the facility blend into the neighborhood. There will be a continuation of the sidewalk from the east. Clauson said noise was a concern at the P&Z meetings. Clauson told Council noise readings taken at a facility in Washington D.C. showed this is a quiet system that uses small electric motors. Clauson said there is no undue noise outside. Clauson noted there are two entry doors; one door is always closed during the process. Clauson said staffhas consistently recommended this project. This project should prevent cars from circulating around town looking for parking spaces. This project provides 3.5 blocks of street parking at no cost to the community. Clauson said the proposal is to have these spaces privately owned; however, through the P&Z process, the applicant agreed that 19 spaces will be owned by the developer and will be available to the general public at all times. Any privately owned space not being used by the owner will be available to the public. There will be a computer program to indicate which spaces can be available for public use. This is detailed in the operational prospectus. The operating hours in the initial proposal were for later in the evening. P&Z said this is a mixed residential neighbor and the consensus was for a 10 p.m. closing. Clauson told Council the final P&Z vote of 4 to 3 against the project included alternates who voted on general issues, like public transit over parking. The 1986 study indicates this is a good area for parking and for relieving the demand for street parking. This project is consistent with planning over the last 20 years and has little environmental impact. This facility has substantial public benefit. Clauson noted this is located in the office zone and in the area is the Aspen Athletic Club, property management company, office building. Clauson reiterated this neighborhood is a mixed use. Bendon told Council there is a traffic study attached to the staff memorandum outlining the traffic of the existing buildings and the proposed building. Bendon said the difference would be 165-car trips/day. This block of Hyman Avenue is a less utilized street and has the capacity to handle 165 10 Regular Meeting Aspen City Council December 8, 2003 more trips/day. Bendon said another issue is traffic queuing. The average cycle time for the pallet to park a car is 90 seconds. There are two bays. The expected peak a.m. is 29 cars/hour. Bendon said leaving cars in the street because one cannot get into the garage it will not be acceptable. This is a condition of approval and is referenced in the operational plan. Bendon told Council the reports indicate queuing will not be an issue; however, that cannot actually be determined until the project is operating. Bendon said staff is concerned aboUt the noise generated by the project. The noise report on the facility in Washington DC measured the noise within the structure. The city measures noise at the property boundary. Bendon said the noise report indicates at the property line one could not tell the difference between background noise and the facility. Staff believes the project is within the noise limitations of the code. There is a condition for a noise check before the building is operational. Bendon said the project is a compliment to downtown and to the shopping. It meets the standards in the code. Bendon showed where the building is 35 feet at the highest point. The office zone allows 25 feet. Some adjacent buildings are in the same height range. This is a flat roof so it will not have extra height for a peaked, roof. The building is set back so the height is not right up to the street. Councilman Semrau asked what the parking fee to the public will be. Clauson said there will be a per diem charge that will fluctuate depending on the season. Peter Fornell, representing the applicant, told Council their goal will be to match what it would cost a person to park on the street. Fornell explained how the system would work with allowing privately owned spaces to become part of public parking. Fornell told Council the facility in Washington DC has not had a queuing problem. Mayor Klanderud asked how many existing spaces will be eliminated. Clauson said the curb cut will not be any bigger than existing and no spaces will be lost on the street. The parking spaces on the property will be converted into the parking garage. Clauson told Council the building will be constructed to standards that will contain the noise. If sound in excess of that allowed escapes, a retrofit will occur. Councilwoman Richards asked if there is an open space requirement in the office zone district. Bendon said there is not an open space requirement in this zone. Councilman Torre asked if there are wheelbase or height restric~tions on vehicles using this facility. Clauson said there are not. Councilman Torre asked how the snow and road dirt will be dealt with. Halferty said the platform for the vehicle has a tipping mechanism and will 11 RegUlar Meeting Aspen Cit~ Council · December 8, 2003 have to meet AsPen Consolidated Sanitation District's requirement on fluids, which will be tipped and gone through a grease interception process. Councilwoman Richards asked if this will allow this and the Hannah Dustin building to be in separate ownerships and is the FAR from both pieces of property alloWed On this parcel2 Bendon answered the subdivision allows for the parcels to be sold individually. Bendon told CoUncil staff had some difficulty figuring out what coUnts as FAR and what does not. Staff did not measure each pallet. The proposed FAR is 1.29:1' and the office zone allows .75:1. There is a request for a PUD overlay over this and the Hannah Dustin lot. When the Hannah Dustin lot comes in for redevelopment, they would have to go through a PUD. Councilman Semrau asked how many parking spaces are on the fourth floor, Fornell said there are 10 spaces, parking 9 vehicles. Mayor Klanderud opened the public hearing. Rick Head said he favors this project. Charlie Weaver, associate of Fomell's, told Council he is in favor of this as there is a need in town for parking. Paul Fagan said this project seems consistent with what has been done to manage parking in town and seems like the right thing to do. Herb Klein, attorney for 700 East Hyman, said this building is immediately across the street and will be impacted. Klein pointed out the AACP requires Aspen to hold its parking to 1998 levels. There is nothing in the AACP that encourages private parking facilities. Klein said this proposal runs contrary to incentives and goals of the city. Klein said if the city is interested in private parking facilities, they ought to have a parking master plan. Klein agreed this is a Unique project and no one knows exactly what the impacts will be. Klein asked what is the public benefit that would justify the dimensional variations that are being sought. The existing 20 spaces on site will be lost and only 19 public spaces are proposed. Klein said this may be an illegal subdivision by leaving the Hannah Dustin building without any parking. Traffic queuing is a large problem. Klein told Council they had a traffic consultant review this, which is part of the record. Klein pointed out the applicant's circulation plan does not include paying, unloading or loading time. Klein said the neighbors are concerned about noise. Klein noted the mid-block entrance will create pedestrian conflicts. John Colter said automobiles are destroying Aspen. Colter said this proposal facilitates cars and encourages driving. If the city wants to get 12 Regular Meeting Aspen City Council December 8~ 2003 people onto public transit, they should not build parking garages. Katie Bartlett, Benedict Commons, said there is already a traffic problem on this block Hyman Avenue, including delivery trucks 3 and 4 times a day. Ms. Bartlett said adding this garage will add traffic to their neighborhood and that queuing will take more than 90 seconds. Scott Brown, neighbor, asked if this system is so good, why is it only used in one place in the United States. Brown said although he knew something would be built on this lot, he did not think it would be a parking garage. Brown said it is unfair to grant zoning variations to allow a parking garage to be built. Fred Martel, 702 East Hyman, said a concern is who will enforce the conditions of the parking approval. Martel said if a person spends $150,000 for a parking space, they would want to park there anytime. Martel said this project does not fit Aspen. However, Aspen does need more parking. Adam W. R. Walton, 635 East Hopkins, said he is concerned about the neighbors on 700 East Hyman. Walton said this block has condominiums and does not seem like a mixed-use block. Walton said this project does not seem like it fits the policies and goals of the Aspen Area Community Plan. Walton said there is much delivery traffic tO City Market and other businesses in this area causing traffic snarls. If vehicles queue up and interfere with the traffic on Spring street, it will be a dangerous situation. Walton asked what size motors are used for the pallets and for the lifts and what size will the generator be and will it pollute diesel. John Fightlin said he is concerned about the lack on continuous power and would a generator be going on and off. This is not a sound environmental project. Nicolette, Benedict CommOns, noted her concerns are that this is a private parking structure, and that the entrance is in the middle of the block. Karen Sahr, Benedict Commons, said she is opposed to this for the reasons stated including that it will jam traffic. Michael Horn said people were opposed to Benedict Commons, yet it turned out to be a great project. Horn said the developer should have the chance to prove this project. Mark Tye, 935 East Cooper, said there is a parking issue in Aspen and parking spaces are needed. Tye said Council should approve this project. Ruth Kruger, P&Z member, said although she appreciates the neighbors' concerns, Council needs to look at the greater needs of the community. This project is in the commercial core; the property is zoned office; the building is the same height as those adjacent to it. This is an innovative solution to a community problem. Hana Pevny, ACRA, said she is supportive of this 13 Regular Meeting Aspen City Council December 8, 2003 project. In the last ACRA study it was noted 75% of the summer visitors come by car. Ms. Pevny stated parking is integral to a healthy resort community. Ms. Pevny reminded Council the city's retail consultant interviews, people overwhelmingly stated the parking should be improved. Heather Vicenzi, Benedict Commons, said she is very opposed to this project. Connie Daily, Benedict Commons, opposes the project and agrees with previous comments. Ms. Daily said this project seems very big city. Michael Hoffman, representing Bell Mountain condominium to the south, stated the association opposes this project because of the variances, especially the 0 lot line rear property setback. Hoffman said this will create an unsafe condition in a highly used alley. Hoffman said they are also opposed to the 35-foot height variance, which will create an edifice that will block his client's sun and air and reduce the quality of life. Hoffman noted the requested FAR is 1.29:1 and the allowed FAR in the office zone is .75:1 with a .25 variance for affordable housing. Hoffman said providing parking to private citizens and lack of demonstration of public benefit is not a reason to grant these variances. Hoffman said there are not changed circumstances in the neighborhood that would support a rezoning request. Frank Reynolds, 915 East Hopkins, said this building does not look like a conventional parking garage and will fit in well. Reynolds said additional parking would be welcome in this neighborhood. Anne Foster, 708 East Hyman, said the 700 block of East Hyman already has parking problems with parallel and diagonal parking, delivery trucks in between. The queuing of cars would be inevitable. Every time the garage doors open, the light will spill into the neighborhood. These items will reduce the quality of life in the neighborhood. Kurt said Aspen is an oasis for clean air and a serene atmosphere. Kurt said he is astonished the city is considering the building of this garage. Lannie Schiller told Council he is a commuter and would like place to park his car. Schiller said people circulate around blocks waiting for a parking space; people sit double parked waiting for a parking space. Council should approve this project. Courtland Kirk said he, too, drives to town and drives around looking for a parking space. This is a nice facility. Steve Blizzard agreed there is a parking problem and more parking is needed. This project is trying to provide those spaces. Seth said there is a parking problem; people are already driving around and around. This will help eliminate that. This project will build a sidewalk to help with safety. Getting cars off the 14 Regular Meeting Aspen City Council December 8~ 2003 street is a good thing. Richard Collins said this is an innovate project and should be approved. Frank DeLuca said parking spaces have disappeared; the retail community is falling apart and Aspen needs parking spaces. Gary Snyder said what kills tourism is unhappy people; people are unhappy when they cannot find a parking space. This project will take 100 cars off the street. Bob Bowden said parking is a major problem. The government tried intercept lots at the airport and people were not interested in that location. Living downtown is a compromise; residents have to put up with noise, delivery trucks, parking, and people. Bowden asked Council vote for this project. Mayor Klanderud closed the public hearing. Clauson told Council said they have contacted the city's electric department. This power source is reliable and diesel power is not required very often. This facility uses small motors, requiring 100 amps at 460 to 480 volts, 3 phase. This lot may require a transformer upgrade, which they will pay for. There will be an external generator to be used very rarely. There is a condition to cover this in the ordinance. Jeff Ream, Felsburg Holt & Ullevig, did a traffic analysis attached to Council's memorandum. Ream said the information is loading and turn around was provided by the client of other facilities. Ream told CoUncil they were conservative in their estimates of turnover time. Ream said about 165-car trips/day would be added. Hyman is a lower volume street than others in the downtown. Clauson said commercial parking is a conditional use that, with proper review, is allowed in the office district. The applicant is not requesting a change in the zoning code. Clauson noted the ordinance requires an annual review and report and analysis of the cars coming into the garage, how they are turning over, how the spaces are being used, and if there have been problems. The remote parking study commissioned by Council recently suggested additional parking in this area would be helpful for infill development. Clauson said if someone buys a parking space, they are already coming to town and using parking somewhere, which would free up that space for someone else. Mayor Klanderud entered into the record letters from the Benedict Commons association, from Robert Baum and from Frank Daly. CoUncilman Semrau asked staff why they feel this meets the goals of the AACP. Bendon said this project addresses the goals of the AACP to reduce 15 Regular Meetin~ Aspen City Council December 8, 2003 the internal flow of traffic in Aspen, to reduce automobile congestion at nights and weekends, to manage the supply of parking. Bendon told Council parking is an infrastructure that is necessary for downtown and for a healthy shopping environment. Councilwoman Richards stated she does not see a public benefit to this project. Voting in favor of this project is abandoning the city's mass transit goals. Councilwoman Richards said this will not eliminate evening congestion as it closes at 10 p.m. Councilwoman Richards said asking for a height increase without public benefit is severe. Benedict Commons has a broken up roofline with spaces to see through. This building will cover up the windows of the residents at Benedict Commons. Councilwoman Richards noted this request is for close to a doubling of the allowed FAR. Councilwoman Richards said she would like to see proposals for the Hannah Dustin building as part of the PUD and how the two sites work together. Councilwoman Richards said 90 seconds of queuing is unrealistic; people cannot get out of their cars that quickly. Councilwoman Richards said she has not seen the standards met to justify granting variances for a for profit project. Councilman Semrau moved to.adopt Ordinance #58, Series of 2003, on second reading; seconded by Councilman Torre. Councilman Paulson agreed he does not see the public benefit of this project. Councilman Paulson said this community stands for doing something about traffic. Councilman Paulson noted this community has consistently supported doing something about traffic. Building a private parking garage is not where Aspen needs to be. Councilman Semrau pointed out the Council has been discussing getting extra parking and has discussed parking at the Hyatt and Obermeyer. Councilman Semrau said he feels it is a community benefit to get 100 cars off the street. This is an incredible use ora small space. Councilman Semrau said affluent visitors are not going to use mass transit; they will drive their cars. Councilman Semrau agreed there are significant problems for the neighbors from this building, the traffic queuing, density, height and noise. Mayor Klanderud said the basis for improving conditional uses are that they would enhance the environment and the neighborhood. Councilman Semrau 16 Regular Meeting Aspen City Council December 8~ 2003 said if the majority of Council is interested in working some of the problems out, talcing off 9 spaces in the top floor would reduce the height to that allowed in the office zone. Fomell said the vast majority of the parking in this facility is underground. The top floor of parking with 9 spaces could be eliminated. Fomell said the applicants have discussed how to reduce queuing. People will not pull up to the facility if it is full. There could be a sign stating the lot if full. Councilman Torre stated this is not an inappropriate location for this facility. Councilman Torte said he has a problem with the 0 lot line rear setback; the residents across the alley will suffer from that 0 lot line setback. Councilman Torre said if subdivision is allowed, the Hannah Dustin building will have no on-site parking. Fomell pointed out there are some spaces along the south side of the building of the Hannah Dustin building. Councilman Torre asked if there space to pull off the street for queuing. Fomell said there are 2 spaces in front of the doors; there are 2 spaces where people can pull into the garage. There are a total of 6 spaces for queuing. Clauson noted that the requirements for the parking module are clear and this building is designed around that module. Narrowing the building takes the efficiency out of the operation. Moving the building forward on the lot reduces the queuing on the front of the building. Councilwoman Richards noted having setbacks also has to do with snow clearing and snow melting. Councilman Torte said he would be willing to continue this item in order to give the applicant time to address the issues brought up at this meeting. Mayor Klanderud noted there have been 4 public hearings at P&Z and a 3- hour public meeting at Council. Mayor Klanderud said she would have to be certain there are solutions before suggesting the applicant spend more time and have a continued public hearing. Councilman Torre asked if the housing units were reviewed. Clauson answered these went to the housing board. This is more than 100% mitigation. Fornell said these are category 1 and 2 units, which was exciting to the housing board. Bendon noted the aesthetics of the building with these housing units make it not look like a parking garage. Mayor Klanderud said this is an interesting and unique application. Mayor Klanderud said the idea that a private applicant has come forward to address a parking problem is unusual. Mayor Klandemd said she does not want to see more traffic in town; however, currently there is continuous driving around looking for parking. Mayor Klanderud agreed this problem could be 17 Regular Meetin~ Aspen City Council December 8, 2003 solved by parking garages. There are problems with delivery vehicles and double parking, but this proposal will not solve those issues. Mayor Klanderud said if this building were built within the allowed height, there would be v/ews that would be blocked. Mayor Klandemd stated she is not convinced that the conditional use standards have been met in this application. Mayor Klandemd said this is only half ora PUD. Mayor Klanderud said building to the lot line on the rear of the problem will cause difficulties. Mayor Klanderud said the design of the building is very nice and disguises a parking garage structure. Mayor Klandemd stated she ~s not convinced the issues she has with this project can be resolved by further study. Mayor Klanderud said it would make a difference if this were a totally public parking facility. Fomell said he is not opposed to this being a totally public facility. Councilwoman Richards agreed this building does not look like a garage; there ~s no external signage. Councilwoman Richards questioned how this will help the public or affect the traffic circulation. How does the visitor know there ts parking or if it is available or how much the parking cost. Councilman Semrau pointed out there are buildings to the lot line all over town, Councilman Semrau said whether this is a public or private parking garage that number of cars will be off the street. Councilman Semrau said since the applicants are willing to address the height issue, the alley use as well as the public benefit, he is willing to continue this to hear more from the applicants. Councilwoman Richards said if this were to come back to Council, she would like the sign and parking space availability issue addressed. Councilwoman Richards said Council needs to look at the entire site as a PUD and what will happen on the west half of the site. Roll call vote; Councilmembers Paulson, no; Torre, yes; Semrau, yes; Richards, no; Mayor Klanderud, no. Motion NOT carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 10:30 p.m.; seconded by Councilman Paulson. All in favor, with the exception of Councilman Semrau. Motion carried. RESOLUTION #114~ SERIES OF 2003 - Aspen Ski Company Information Kiosks Sarah Oates, community development department, submitted exhibit C, a rendering on what the kiosks will look like. Ms. Oates noted the city's code 18 Regular Meeting Aspen City Council December 8, 2003 states signs on public property are prohibited without permission of City Council. There is no criteria on what to base an approval. The request is for informational kiosks for Aspen Ski Company events; 3 sides will be Ski Company related events and 1 side will be administered by the city. This side can be for city events or could be used like the banners on Main street. The proposed locations are Mill and Hyman by the fountain; Galena and Cooper and one at Rubey Park and this one will be a one dimensional sign in the planter boxes. Staffis recommending approval on a one-year trial basis. Ms. Oates said this is consistent with what has been proposed by the city's retail consultants and to see how providing a more informational atmosphere for visitors will work. John Rigney, Aspen Skiing company, told Council one of their goals is to try to give visitors the best experience. Rigney said visitors often remark they did not know events were happemng. Rigney said the Ski Company will try and reach visitors with a variety of methods and feel the kiosks will be highly visible throughout the day. The Ski Company will put these together; one side is the event calendar, one side is what is current, one side will promote the resort, the fourth side will give the city an opportunity to promote events other than those of the Ski Company. These events are free and an attempt to add value to a visitor's experience. Rigney told Council these kiosks will also be placed at the Snowmass Mall, at Highlands and Buttermilk, at the base of Aspen Mountain. Mayor Klandemd asked if the 4th side would cost the city. The city's recreation department would be able to post their activities. Rigney asked that the s~gns all look alike and the Ski Company's sign shop will put together the panels. A panel would cost about $200 to fabricate. Councilwoman Richards said although she likes idea, there may be a management problem with who will get the 4th side. There are city, RFTA, Wheeler and ACRA things to promote, not to mention all the non-profits. There is also the cross-country trail system. Councilwoman Richards asked if the kiosks could be less Ski Company dominated. Rigney said the Ski Company said in the summer, they may be able to share more than one side. The Ski Company will not pay rent for the space. Rigney told Council if they have approval, they hope to have the kiosks up for the holidays, Councilman Torre asked if these are attached to the ground. Ski Company person said they will have one side open for sandbags. JeffWoods, parks director, told Council it may be better to attach them, and he has staffthat 19 Regular Meeting Aspen City Council December 8, 2003 can do that. Councilman Torre asked about maintenance of the kiosks, who will handle unauthorized flyers or stickers. Woods said his staff can take care of that maintenance; he does not want his staff to have editorial discretion so if it is anything that is not the panel, it will be taken down. Councilman Torre said there should be an agreement that the Ski company will remove or replace any damaged parts. Rigney said they will take care of that maintenance. Councilman Paulson said the ACRA relayed their supports of the kiosks and noted they are interested in having a panel in the summer. Councilwoman Richards said she is concerned that other businesses in the summer will be requesting kiosks or space. Councilwoman Richards noted the downtown enhancement plan recommended some city-created kiosks. Councilwoman Richards said she would be willing to approve this for one year with the idea that next year the approval may be for kiosks that are more accessible to other groups; comedyfest, MAA, Winter Words, other businesses, Aspen Institute. Councilwoman Richards said there will probably be comments on why there is one for-profit business on the city's malls. Councilwoman Richards said the Ski Company needs to be careful about sponsor group names on their use of the kiosks. Ms. Oates said the application states the only named sponsor will be in association with a titled event, which is similar to the regulations for the banners over Main street. Rigney said these kiosks are not for the sponsors; they are for the tourists. John Worcester, city attorney, said this is an experiment on something the city has been discussing. The Ski Company is paying for these, so it is an inexpensive way to experiment. Councilman Torre suggested this could be a 6-month experiment so that if the city wants to do their own kiosks, they won't be bound to any agreements. Mayor Klandernd said she likes the idea but would like a reduced rate for the 4th side for city departments and for non-profits. Woods said he would like to have the cross-country ski maps in the winters, city trails and parks map for the summer. This is a good orientation to the community for tourists. Rigney said he can give the specs to the city department, and they can make their panel. Mayor Klanderud said she likes this idea and it fits with what the city heard from Ford Frick about trying different things to liven up town, as well as to help with way finding. Mayor Klanderud said she feels this is worth a year's experiment. Councilwoman Richards said she thinks the city will be inundated with requests for having information on kiosks. 20 Regular Meeting Aspen City Council December 8, 2003 Councilman Semrau moved to approve Resolution #114, Series of 2003, for one-year trial period; seconded by Councilman Torte. Councilman Paulson said for next year, he would like the Ski Company to consider the power of 5, to include the Nordic experience, which also enhances family visits. All in favor, motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman Torre. All in favor, with the exception of Councilman Semrau. Motion carried. RESOLUTION #115, SERIES OF 2003 - HPC Appeal 625/635 East Hopkins Avenue John Worcester, city attorney, told Council this is an appeal of a decision of the Historic Preservation Commission, on the record, which means Council does not hear the merits of the case but is an opportunity for the apPellant to seek an appeal. The standard of review is that Council must affirm HPC's decision until they determine there was an abuse of discretion or denial of due process by the HPC. These terms are not defined in the city's land use code; however, they have been defined by the Colorado Courts. The Courts define abuse of discretion to include that a board applied the wr~ ong legal standard, that the record is devoid of competent evidence to support HPC's decision that it can be explained as arbitrary or capricious. Denial of due process relates to the process itself, including failure of proper notice, conflict of interest, or failure to provide the applicant with an opportunity to be heard. If Council determines there was an abuse of discretion or denial of due process, they may remand it back to HPC or change some of the conditions. John Bogaert, applicant, said appeal may be a little strong. There were 6 members voting and there was a tie. The applicant stated comments at the meeting were more in his favor than against. Bogaert said this issue relates to Aspen more than just the historical comrrfittee. Mayor Klanderud reiterated Council's role is to review the record and to hear the appeal based on abuse of discretion or denial of due process. Bogaert stated he is claiming neither and this is an issue that the city should pay attention to. Mayor Klanderud said that is not appropriate for an appeal. Bogaert said as 21 Regular Meetin~ Aspen City Council December 8, 2003 he heard it outlined this evening, it is not. Mayor Klanderud said the HPC is responsible for applying the historic preservation code to historic buildings. Mayor Klanderud said the HPC provided an opportunity for the applicant to come back, which he did not. Mayor Klanderud said Council does not rehear cases. Mayor Klanderud said if the applicant has general concerns about the code, he can bring that to citizen participation or time on a Council agenda. Mayor Klanderud suggested this hearing be closed. The applicant stated he has an unsafe condition with a wooden walkway and would like it replaced with brick. Councilwoman Richards said her understanding from the minutes was that the Commission members wanted the applicant to change his plans so that the wood walkway would not detract from the historic wood deck of the Susie's building. The HPC was looking to the applicant to make some minor changes to his plans. Bogaert reiterated he is not appealing the HPC decision. Amy Guthrie, historic preservation officer, told Council she will work with Bogaert to see if something can be worked out. Councilman Torre moved to go into executive session at 10:50 p.m. for the purpose of discussing property acquisition pursuant to C.R.S. 24-6- 402(4)(a); seconded by Councilman Paulson. All in favor, motion carried. Councilman Semrau moved to come out of executive session at 11:10 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to adjourn at 11:10 p.m.; seconded by Councilman Semrau. All in favor, motion carried. 22