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HomeMy WebLinkAboutminutes.council.20041213Regular Meetine Aspen City Council December 13, 2004 CITIZEN PARTICIPATION ..................................................................................... . 2 COUNCILMEMBER COMMENTS ....................................................................... . 2 CONSENT CALENDAR ........................................................................................... . 3 • Resolution #123, 2004 -Law Enforcement Assistance Contract .......................... . 4 • Resolution #124, 2004 -Upgrade Automated Ticket Management System......... . 4 • Resolution #125, 2004 -EPA Study of Power Plant Emissions ........................... . 4 • Annie Mitchell Homestead Homeowners' Budget ................................................ . 4 • Minutes -November 22, 2004 ............................................................................... . 4 RESOLUTION #127, 2004 -Burlingame Water Line Design Contract ....... . 4 FIRST READING OF ORDINANCES .................................................................. . 5 • Ordinance #47, 2004 -Bar/X Ranch Final PUD and Initial City Zoning ............. . 5 • Ordinance #48, 2004 -Fox Crossing Subdivision and Code Amendments.......... . 5 • Ordinance #49, 2004 -Highlands Villas Annexation ........................................... . 5 ORDINANCE #48, SERIES OF 2004 -Fox Crossing Subdivision and Code Amendment .............................................:...................................................................... . 7 RESOLUTION #126, SERIES OF 2004 -Temporary Use Sleigh Rides at the Golf Course ..............................................................................:.............................. .. 8 ORDINANCE #38, SERIES OF 2004 - 2005 Fees ............................................ .. 8 ORDINANCE #41, SERIES OF 2004 -Utility Rates ....................................... to ORDINANCE #42, SERIES OF 2004 -Supplemental Appropriations........ l2 ORDINANCE #43, SERIES OF 2004 -Code Amendment, Historic Benefits ........................................................................................................................... 13 ORDINANCE #44, SERIES OF 2004 - De-listing from Historic Inventory 308 and 719 East Hopkins ......................................................................................... 14 ORDINANCE #45, SERIES OF 2004 -Aspen Meadows ............................... 15 1 Regular MeetinE Aspen City Council December 13, 2004 Mayor Klanderud called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Semrau, Torre and Richards present. CITIZEN PARTICIPATION 1. Bert Myrin pointed out the Soiourner Ma ag zine says one of the best things about Aspen is the Silver Circle Ice rink. Myrin said this location looks like a construction site rather than an ice rink. Steve Barwick, city manager, told Council he talked to the foreman who assured him the rink will be open December 15`n 2. Jim Markalunas requested that the start of the Crosstown shuttle coincide with the beginning of ski season. The Crosstown shuttle only started running today. Council agreed and directed staff to look into this change. 3. Toni Kronberg requested Resolution #127 be taken off the consent calendar. Ms. Kronberg told Council she is very concerned about the traffic on highway 82, especially between Buttermilk and town and with Highlands and the School. Ms. Kronberg noted she is a proponent of an inter-mountain gondola. COUNCILMEMBER COMMENTS 1. Mayor Klanderud wished one and all happy holidays and thanked everyone in the community -tourists, residents, non-profit organizations and city staff who made 2004 a great year. 2. Councilman Paulson said life is not measured by the number of breaths we take but by the moments that take our breath away. Councilman Paulson said he is very concerned about the future and that the Council seems to be about growth. 3. Councilwoman Richards noted there will be another free concert put on by the Ski Company this Saturday at the gondola. Councilwoman Richards thanked everyone for a great and successful year. 4. Steve Barwick, city manager, reminded everyone the pools at the Aspen Recreation Center are now open. 2 Regular Meeting Aspen City Council December 13, 2004 CONSENT CALENDAR Mayor Klanderud brought up the minutes of November 22, 2004, regarding adoption of the code amendment, Ordinance #35, 2004. Mayor Klanderud said the language is confusing in the amending the ordinance, which included the maximum allowable FAR for an ADU or a maximum of 500 feet for a TDR. Mayor Klanderud noted the historic TDRs can only be 250 square feet. Mayor Klanderud said there was no discussion about being able to use two TDRs. Mayor Klanderud suggested approving these minutes without this section. John Worcester, city attorney, suggested reconsidering the ordinance because it sounds as if it is a substantive issue. Mayor Klanderud asked about the upgrade Automated Ticket Management System contract and from whom these are being leased. Tim Ware, parking department, said this contract is with T2 Systems. The contract of two years ago was sold to a third party, which lease will be paid off. T2 Systems is the company providing the services. Mayor Klanderud asked if it is usual practice to pay funds for the homeowners' association up front. Ed Sadler, assistant city manager, said it is usual to front these costs until a new homeowners' association is formed. The city has entered into short-term contracts for services for utilities in order to get the project going. Councilman Semrau asked who wrote the condominium declarations. Sadler said these were written by staff. Councilman Semrau asked why the homeowners are not paying their own utilities. Sadler said there is a period between when the project is finished and when the new owners move in when no one will be responsible. Councilman Semrau agreed after occupancy, the costs should be paid for by the owners. This is only for one month. Sadler told Council there was never a budget approved by Council to pay operating costs at Annie Mitchell from the middle of December to the end of February. Mayor Klanderud asked about the notion of the city working with first time homeowners so they know their responsibilities. Sadler said staff has made those arrangements, will hand over all the appliance manuals, warranty issues and go over the books. Councilwoman Richards moved to reconsider Ordinance #35, Series of 2004, Code Amendment Non-conforming structures to January 10, 2004; seconded by Councilman Semrau. 3 Regular MeetinE Aspen City Council December 13, 2004 Councilwoman Richards asked that staff let the applicants know this is not about revisiting the issue but how it was constructed. It is not the intention to open the vote. All in favor, motion carried. Councilwoman Richards moved to approve the consent calendar as amended; seconded by Councilman Torre. The consent calendar is: • Resolution # 123, 2004 -Law Enforcement Assistance Contract • Resolution # 124, 2004 -Upgrade Automated Ticket Management System • Resolution #125, 2004 -EPA Study of Power Plant Emissions • Annie Mitchell Homestead Homeowners' Budget • Minutes -November 22, 2004 All in favor with the exception of Councilman Semrau, motion carried. RESOLUTION #127.2004 -Burlingame Water Line Design Contract Toni Kronberg asked if this is just to do with the affordable housing project. Ed Sadler, assistant city manager, said this is part of the pre-annexation agreement and serves the free market houses. This is the design contract for the water line. Ms. Kronberg said Council is approving a contract before the public hearing on annexation of this land. Councilwoman Richards said the city serves water to the airport business center, which is outside the city limits. Water service does not require annexation. Councilwoman Richards said if the city breaks their contract with the Zolines, the city still has an obligation to provide the water line. This water line offers a second loop to the airport business center, which the water department has wanted for years. Councilwoman Richards moved to approve Resolution # 127, Series of 2004; seconded by Councilman Semrau. All in favor with the exception of Councilman Paulson. Motion carried. Regular MeetinE Aspen City Council December 13, 2004 FIRST READING OF ORDINANCES • Ordinance #47, 2004 -Bar/X Ranch Final PUD and Initial City Zoning • Ordinance #48, 2004 -Fox Crossing Subdivision and Code Amendments • Ordinance #49, 2004 -Highlands Villas Annexation Councilwoman Richards noted she cannot vote on Ordinance #48 as her property immediately adjoins the subdivision. Councilman Paulson recused himself because he lives within 300 feet of Fox Crossing subdivision. Councilwoman Richards moved to read Ordinances #47 and 49, Series of 2004; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE N0.47 (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A COMBINED CONCEPTUAL/FINAL PLANNED UNIT DEVELOPMENT, SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTION, AND AMENDMENTS TO THE OFFICIAL ZONING MAP FOR THE STAGE ROAD SUBDIVISION/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE N0.49 (Series of 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "LOT 10, ASPEN HIGHLANDS SUBDIVISION, FILING NO.2 PARCEL" ANNEXATION. Councilman Semrau moved to adopt Ordinance #47, Series of 2004, on first reading; seconded by Councilwoman Richards. 5 Regular Meeting Aspen City Council December 13, 2004 Mayor Klanderud asked if the project proposed in Ordinance #47 includes the cultural area. Joyce Allgaier, community development department, said the plan for the cultural center is not designated through this PUD. Mayor Klanderud asked if this will be a gated community. Ms. Allgaier said not as proposed in the application. Mayor Klanderud said whether Stage road will be public or private and whether it has been public or private needs to be resolved. Mayor Klanderud asked if the ADUs will be mandatory occupancy. Michele Bonfils, asset management, said the ADUs are not mandatory occupancy. Ms. Allgaier said these maybe under a previous code and that will need to be investigated. Mayor Klanderud asked if 25 year vesting is in the pre-annexation agreement. Ms. Allgaier said it is. Mayor Klanderud asked what percentage of the property will be continued as a ranching operation. Mayor Klanderud questioned leaving the roads gravel and the DRC comments the road will have to be at city standards. Mayor Klanderud said she would like to know that the fences in both the free market and the affordable housing developments will be wildlife friendly. Mayor Klanderud asked if dogs will be allowed. John Lifton, applicant, said dogs will not be allowed. Mayor Klanderud said there is an issue with utilities and annexation requirements, that it is not a burden on the public for new utilities. Mayor Klanderud asked if this development meets that requirement. Mayor Klanderud said this states there will be no phasing; however, this development is 121ots that may not all be developed at the same time, which seems like phasing. Ms. Allgaier said staff looks at phasing as installation of infrastructure, building of roads. Mayor Klanderud noted the ordinances states there have been several citizen votes on this project. There has been one advisory citizen vote. Councilwoman Richards requested information on total acreage of the Bar/X ranch; how many acres are being put into conservation, how many acres into affordable housing. Councilwoman Richards asked if the annexation of this property and the cultural center were addressed in the pre-annexation agreement; that this is not taking any rights away. Ms. Allgaier said the pre- annexation agreement speaks to a cultural area by designating the area public, which allows more uses. The PUD designation is a protection for Council; the applicants need Council approval to put any buildings there. Councilman Semrau said he, too, would like more specificity about the cattle ranch. Councilman Semrau requested staff track the pre-annexation 6 Regular Meeting Aspen City Council December 13, 2004 agreement with the PUD and note any differences. Mayor Klanderud stated she will support this ordinance in order to take it to public hearing; however, that is not an indication of support at final reading. Roll call vote; Councilmembers Torre, yes; Richards, yes; Paulson, no; Councilman Semrau, yes; Mayor Klanderud, yes. Motion carried. Councilman Semrau moved to adopt Ordinance #49, Series of 2004, on first reading; seconded by Councilman Torre. Roll call vote; Councilmembers Richards, yes; Semrau, yes; Paulson, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #48, SERIES OF 2004 -Fox Crossing Subdivision and Code Amendment Councilmembers Richards and Paulson left the room due to conflict of interest. Councilman Semrau moved to read Ordinance #48, Series of 2004; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #48 (Series of 2004) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AMENDMENTS TO THE LAND USE CODE, GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS, AND A FOURTEEN LOT SUBDIVISION TO BE KNOWN AS THE FOX CROSSING AND GRIFFITH SUBDIVISONS ON LAND LOCATED BETWEEN LONE PINE ROAD AND RACE ALLEY BETWEEN WALNUT STREET AND RACE STREET 557 RACE ALLEY CITY OF ASPEN, PITKIN COUNTY, COLORADO Mayor Klanderud stated she is uncomfortable with this ordinance as written and would like to see the code amendment separated from the subdivision application approval ordinance. Mayor Klanderud said the code amendments are substantive enough to have their own ordinance. Mayor Klanderud said the code amendment seems to be another special exception for ADUs. Mayor Klanderud said she likes the idea of gaining valuable open space by applying development rights to another parcel. Mayor Regular Meeting Aspen City Council December 13, 2004 Klanderud asked if either open space board has reviewed these code amendments. John Worcester, city attorney, suggested splitting this into two ordinances for public hearing in January. Councilman Semrau moved to adopt Ordinance #48, Series of 2004, on first reading, the code amendments only; seconded by Councilman Torre. Roll call vote; Councilmembers Semrau, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. Councilman Semrau moved to adopt Ordinance #50, Series of 2004, Fox Crossing subdivision; seconded by Councilman Torre. Roll call vote; Councilmembers Semrau, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. Councilmembers Paulson and Richards came back into Council Chambers. RESOLUTION #126. SERIES OF 2004 -Temporary Use Sleigh Rides at the. Golf Course Sarah Oates, community development department, told Council this application is to allow sleigh rides on the golf course between December 15 and March 31, snow conditions permitting. This should enhance the dinner operation at the golf course. Ms. Oates reminded Council there has been sleigh rides on the golf course before and there were no complaints from the neighbors. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to approve Resolution #126, Series of 2004; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #38. SERIES OF 2004 - 2005 Fees John Worcester, city attorney, reminded Council staff reviews city fees every year to make sure the fees keep pace with inflation and cover the cost of services. The packet contains an analysis of the fees and increases. Mayor Klanderud opened the public hearing. Reeular MeetinE Aspen City Council December 13, 2004 Toni Kronberg asked about the pool rental fees for profit, one hour, single lane is $15 and does that include the admission fee. Tim Anderson, recreation director, said that does not include the admission fees. Ms. Kronberg said a family of 4 is being charged an additional $15/child on the family pass. Anderson said family passes are based on a family of 4 and there is a minimal additional fee on the pass, not each time. Mayor Klanderud closed the public hearing. Councilman Torre moved to adopt Ordinance #38, Series of 2004, on second reading; seconded by Councilman Semrau. Councilwoman Richards asked if there is a scholarship program for families in need. Anderson said the Thrift Shop and Elk's Club have been very helpful in providing funding. Councilwoman Richards noted the golf season pass is going up 11 %; this is the 5`h year of increases in golf passes, averaging 8%/year. Councilwoman Richards said staff is trying to work out equity between people who play 200 times/year and those who play 30 times. Councilwoman Richards said the pricing of golf season pass is costing loyalty among local players. There are changing market dynamics; one is the number of residents who are moving farther and farther down valley. Another change is the number of golf courses in the valley. Councilwoman Richards said there must be some ground between a 20- punchpass and unlimited play. Councilwoman Richards said Council talked about the change in fee structure last year and nothing was resolved. Councilman Paulson said annual percentage increases seem like a given. Councilman Paulson said he would like to see a sustainable future without constant increases. Wages do not keep up with annual fee increases. It is not healthy for any community to have annual increases. Councilman Torre agreed it is difficult to support fee increases to Aspen's citizens; however, in order to maintain the service levels it seems like a necessity. Mayor Klanderud said there are expenses related to the services the city provides. Mayor Klanderud said a 3% increase is reasonable. Councilman Semrau said he feels staff has done what they could to keep the increases reasonable. Councilman Semrau said costs have gone up; utility costs have gone up, water costs have gone up. Jeff Woods, parks director, told Council the average pass holder plays about 44 rounds of golf. There are people who use it many more times. Councilman Semrau agreed he would like to see a fee structure to capture the people who play every day, and he would like 9 Regular Meeting Aspen City Council December 13, 2004 staff to look into for next year. Councilwoman Richards said she will support this fee ordinance as long as staff works on a different rate structure for next year's fee structure. Steve Barwick, city manager, said the golf course committee agrees that there needs to be more options on passes and fees; however, they would like a year more to resolve this. Roll call vote; Councilmembers Semrau, yes; Richards, yes; Torre, yes; Paulson, no; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to continue Ordinance #39, Series of 2004 Bar/X Annexation, to January 10, 2005; seconded by Councilman Semrau., All in favor, with the exception of Councilman Paulson. Motion carried. Councilman Torre moved to continue Ordinance #40, Series of 2004, AMCORD/AVLT Annexation to January 10, 2005; seconded by Councilman Semrau. All in favor, with the exception of Councilman Paulson. Motion carried. ORDINANCE #41, SERIES OF 2004 -Utility Rates Phil Overeynder, water department, reminded Council this is a result of work sessions on the business plan for the utility department. The primary emphasis of this plan is conservation of water and electric. Council is concerned about increasing the amount of renewable energy from 57% to 75%. The cost estimates are based on purchasing wind energy, the most readily available energy source. There are increased capital costs in order to meet federal and state regulations for water, the increase in renewable energy, and the purchase costs of wholesale energy are going up. Overeynder pointed out the business plan recommended phasing in the utility increases over 2 years and the water rate increases over 4 years. This ordinance only implements the first year of these increases. Council can look at whether the rate increases achieved their objectives. Overeynder said the increased revenue, after paying for capital costs, will be $150,000 annually in each fund. Overeynder said this is a guess because it is not known how people will react to increased costs. The electric rates are divided into 3 blocks; one block is up to 700 Kwh ,which is one cost; another block is up to 1300 Kwh, which is about 30% of the residential customers is another cast and the third block is over 2000 Kwh hours. This to Regular MeetinE Asuen City Council December 13.2004 is for residential users. The commercial electric rates are broken into small and large. The large users are on demand rate. There will be 4 tiers for the water users. The first tier captures the essential inside the house water use. Houses will be handicapped by ECU rating and by use. The second tier will pick up normal irrigation outside the house. The third tier, which is an additional 15,000 gallons/ECU is above normal irrigation. The fourth tier is 30,000 gallons, which staff considers excessive water use. One will pay more for the privilege of using additional water. The city's consultant looked at specialty rates, like snowmaking for raw water, the Thomas raw water system, raw water use from the west end ditches, and bulk water use for construction uses. Overeynder told Council the Ski Company requested 25.16.013(a) and (b) be deleted from this ordinance until they have had a chance to analyze the new rates. Overeynder told Council the city only recovers 57% of the cost of operating snowmaking. Overeynder noted the raw water rate for outside irrigation has not been changed over the last 10 years and the fee is still valid. Mayor Klanderud opened the public hearing. Bert Myrin urged Council to try for 100% green power rather than 75%. Overeynder told Council the city is a small utility with 4 employees and a high burden for operating the billing system. Overeynder said they felt rather than putting money into increased staff, they would put the money into increased renewable energy projects. The city is currently at 57% renewable energy; Holy Cross is about 5%. Myrin pointed out that lot sizes in the city are very different. Some property owners have more landscaping and trees than structure. Myrin said he feels he is contributing to the community with 40 trees on his lot and the price structure may not recognize that situation. Overeynder said the water department can come out and measure the area that is being irrigated and adjust the ECU. Myrin asked when this will go into effect. Overeynder said any reading after January 15, when the reading cycle typically starts. Myrin noted this could result in higher charges for some days of the billing cycle. Mayor Klanderud suggested the ordinance start on February 15. Council agreed. Councilman Semrau asked if the utility department will supply information to users outlining how they can minimize their utility bills. Overeynder said they will. Mayor Klanderud closed the public hearing. 11 Regular MeetinE Aspen City Council December 13, 2004 Councilman Torre moved to adopt Ordinance #41, Series of 2004, deleting Section 25.16.013(a) and (b); seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Torre, yes; Richards, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. Councilman Semrau left the Council meeting ORDINANCE #42, SERIES OF 2004 -Supplemental Appropriations Paul Menter, finance director, told Council the net increase to the budget is $1.8 million or 2% of total current appropriations. Menter noted in the asset management fund $2 million is an appropriation for the animal shelter project; the animal shelter has raised a portion of this funding and that money is being passed through the general fund. Menter said there is $600,000 in general fund departments, the largest of this is $500,000 as a year end adjustment to the recreation center construction fund, which includes payment for the transfer of the old youth center building to city ownership. There is a grant to the Aspen Historical Society of $76,000. The remainders are small requests from various departments. Mayor Klanderud requested the clarification that the funds for the Historical Society and their grant are not overlapping. Menter pointed out the housing and the day care operations have been separated for accounting purposes. They share a sales tax revenue but they will be separated for monitoring purposes. There is an operating subsidy transfer to the Truscott fund. Menter said the city is paying off the Cozy Point bonds early, which will save $20,000. There is a decrease of $5.9 million in the open space bond issue as that money was not spent. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #42, Series of 2004, on second reading; seconded by Councilman Torre. Roll call vote; Councilmembers Paulson, yes; Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. 12 Regular Meeting Aspen City Council December 13, 2004 ORDINANCE #43, SERIES OF 2004 -Code Amendment, Historic Benefits Amy Guthrie, community development department, told Council this amends 4 sections of the historic section of the land use code. The first amendment deals with lot splits to make it clear that the vacant lot in a lot split is sti111andmarked and HPC has review over that lot. The second amendment clarifies significant and no negative effect reviews, when the historic preservation officer can sign off on those. The third amendment clears up the references from the Uniform Building Code to the International Building Code. The fourth amendment deals with the loans for historic buildings, loosening up the circumstances in which this loan can be given. Mayor Klanderud opened the public hearing. Toni Kronberg asked if property owners have always been allowed to build a second house in a historic lot split. Ms. Guthrie said if the lot is at least 9,000 square feet in the west end, a property owner could do two detached dwellings. When the lot split ordinance was adopted, it allowed a fee simple ownership. The density allowance has been in place for a long time. Ms. Kronberg asked if the 3 Conner lots to the east of City Hall will be going through public hearings. Ms. Guthrie said these are 3 fee simple lots; they will not be going through historic lot splits. Development on these lots will be reviewed by HPC. Ms. Kronberg said the intention of HPC is to preserve, maintain and enhance historic property, which can either be a site or a structure. There are two historic districts, Main street and the commercial core, which were created to maintain the look and community feel of Aspen. Ms. Kronberg said when there are structures proposed that are 3 times the mass and density, this would go against the historical district for the commercial core, would this prompt Council review. Ms. Guthrie noted Council may call up any HPC decision. Ms. Guthrie informs Council of any HPC final decision. Ms. Kronberg asked if a citizen wanted to preserve a site, could they ask the staff for technical assistance. Ms. Guthrie pointed out these are already in the ordinance and are not being amended. The only issues being considered are those listed above. Mayor Klanderud closed the public hearing. Councilman Torre moved to adopt Ordinance #43, Series of 2004, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers 13 Regular Meeting Aspen City Council December 13, 2004 Richards, yes; Torre, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #44, SERIES OF 2004 - De-listing from Historic Inventory 308 and 719 East Hopkins Amy Guthrie, community development department, told Council this should have been taken care of earlier. 308 East Hopkins, La Cocina, and 719 East Hopkins, were recommended to be delisted by HPC. Ms. Guthrie reminded Council there were many discussions about additions to the historic inventory. HPC and staff stopped that procedure because of concerns about the criteria and rewrote the ordinance. HPC recommended these properties come off the historic inventory because they have no integrity to justify landmark designation. Ms. Guthrie noted 308 East Hopkins scored 12 out of 100 and 719 East Hopkins scored 9 out of 100 on the criteria scale. Both have been seriously altered, materials changed. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards said she is concerned about the character and feel of the 300 block of East Hopkins. Councilwoman Richards said a lot of effort went into preserving the Berko building and the buildings on either side of La Cocina. Councilwoman Richards said her concern is that this will someday become a large building. Ms. Guthrie said there would be HPC review of any proposed development. This site is also in the Hotel Jerome view plane. Councilman Paulson agreed delisting this property might encourage redevelopment out of character with this block. Ms. Guthrie told Council the purpose of the historic district is to deal with the character issue rather than applying preservation rules to a building that is not historic. Nick Lebby, 308 East Hopkins, told Council from 1999 to 2001 he went through a lengthy process and in February 2001, HPC delisted the property. Lebby entered into the record an article in the Aspen Times stating La Cocina had been de-listed. Lebby said he checked with a title search to make sure this property was not on the historic inventory. A letter from Lisa Purdy in support of delisting 719 East Hopkins was entered into the record. Councilwoman Richards moved to adopt Ordinance #44, series of 2004, on second reading; seconded by Councilman Torre. Roll call vote; 14 Regular Meeting Aspen Citv Council December 13, 2004 Councilmembers Richards, yes; Torre, yes; Paulson, no; Mayor Klanderud, yes. Motion carried. ORDINANCE #45. SERIES OF 2004 -Aspen Meadows Mayor Klanderud announced she is a member of the Society of Fellows of the Aspen Institute; she does not have any financial interest or gain in the Institute. Amy Guthrie, community development department, told Council this application is for an SPA amendment and GMQS exemption for essential public facilities at the Aspen Institute. Ms. Guthrie reminded Council certain structures of the Aspen Institute are listed on the historic inventory. In 1991 when the SPA was reviewed and approved, HPC was allowed to comment on new development on the property. They were also included in this review. Ms. Guthrie noted in 1991 one more lodge building was approved on the site. This building was not built. The Institute has determined they do not need another lodge building and would like to use this allocation for a conference and meeting structure. This is a request to convert the square footage from lodge to conference. The applicant is leaving 1500 square feet on the table and would like to be able to use this in the health club in the future. Ms. Guthrie said the applicants anticipate a small, if any, employee generation from this facility. The applicants requested deletion of one tennis court for parking. This was objected to and the applicants have deleted that request. Ms. Guthrie pointed out there will be some landscaping work, removal of cottonwoods which they are working with the parks department on, a roundabout to improve traffic circulation. Staff supports this application and recommends approval. Jim Curtis, representing the applicant, said these lodge units were approved in 1991 and the Institute would like to convert them to meeting facility space. The top priority of the Institute is to put more people into the existing 98 units on campus. The Institute wants to increase occupancy rather than build more units. The average occupancy in 2003 and 2004 was 51%. The peak period of occupancy is July, an average of 80%, when the Institute has all its programs going. The occupancy in the winter season is between 40 and 55%. is Reeular Meetine Aspen Citv Council December 13, 2004 Curtis told Council this meeting facility is being proposed to balance the existing facility and to give flexibility and to accommodate single big groups booking 80 or 90 rooms. It would also allow booking overlapping smaller groups. The goal is to increase the occupancy of the existing 98 units with flexibility in booking. Curtis said there maybe concern about losing lodge units. These units have never been built and are not currently used as lodge units. Curtis said it is Council's decision whether to put these 12 units back into the growth management pot or just eliminate them. The Institute is not requesting to reserve these units for the future. Curtis told Council the Institute met 3 times with HPC and had a site visit. Curtis said these meetings were very beneficial. HPC approved the design of the buildings. The applicants committed to working with the HPC as the project progresses to look at the details. Curtis said at the P&Z meetings, some neighbors from Pitkin Reserve had concerns about the visibility of the buildings from Pitkin Reserve. Curtis said they conducted a site visit with these neighbors and made some minor modifications to the plans and also increased the landscaping. Councilwoman Richards asked about increased delivery vehicles, which was a concern in the original Meadows plan. Curtis said there will be additional storage and golf carts will be used to ferry supplies between the buildings. The existing restaurant building will still be the primary kitchen facility. The new building will only have a catering kitchen. Councilman Paulson asked how the impact of these buildings is minimized being on the edge bluff. Curtis said stream margin review does not kick in because the buildings are farther than 100 horizontal feet of the stream. This structure is beyond that 100 horizontal feet. The building is on the edge; the previous lodge building was also on the edge. The building will be minimized with landscaping and with serviceberry plantings on the slope. Councilman Paulson objected to buildings that stick out that and that are noticeable from Rio Grande trail. Councilman Torre moved to adopt Ordinance #45, Series of 2004, on second reading, amending the ordinance that the conversion of tennis courts to parking has been removed from the application; seconded by Councilman Paulson. Councilman Torre commented this is making the jewel of Aspen even better. 16 Regular MeetinE Aspen City Council December 13, 2004 Roll call vote; Councilmembers Paulson, yes; Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to continue the meeting to December 14, 2004, at 5:00 p.m. for the Burlingame design options; seconded by Councilwoman Richards. All in favor, motion carried. Council left Chambers at 8:50 p.m. ~~ Kat S. Koch, City Clerk 17