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HomeMy WebLinkAboutminutes.council.19840305Regular Meeting Aspen City Council March 5, 1984 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Knecht, Collins, Walls, and Blomquist present. CITIZEN PARTICIPATION 1. Dutch Hodges requested a study session with Council and the Arts Council on March 13. This will be held at the Visual Arts Center. COUNCILMEMBER COMMENTS 1. Councilman Knecht said a decision was made at an earlier meeting, of which he was not aware, about the Wheeler Opera House. Councilman Knecht moved to add this to the agenda; seconded by Councilman Blomquist. 2. Mayor Stirling congratulated the Aspen Skiing Company, Subaru, AT&T and all the volun- teers who helped put on World Cup. Mayor Stirling said this was one of the most positive types of events Aspen can have. Mayor Stirling said Monroe Summers and Jim Holland made a ~remendous effort. aspen cl~y ~ouncl± March 5, 1984 a tremendous effort on behalf of the city. 3. Mayor Stirling said the city is working on changes in the dog ordinances, preliminary work is being done and this will be put on a Council agenda. 4. Mayor Stirling said Council should have a session on City Manager applications and all Council should review them by Friday. 5. Councilwoman Walls said there will be a work session Wednesday March 7 at 5 p.m. for the Dean Hydropower Project and the Centennial project. City Attorney Taddune requested that Council add to the agenda the settlement agreement in the Cantrup litigation and bankruptcy. Council discussed this last week in a study session. Councilman Collins moved to add this to the agenda; seconded by Councilman Knecht. All in favor, motion carried. ASPEN MOUNTAIN LODGE CONCEPTUAL PUD Mayor Stifling said the Council agrees with P & Z, that Aspen needs new facilities. The Council appreciates the efforts of the applicant. Mayor Stirling said if a hotel ti too big or out of proportion, it will be there forever. The Council would like the hotel to be in scale and to meet the needs of the community. Mayor Stirling said for the entire PUD, the floor area ratio appears to be under the underlying FAR. Mayor Stirling asked if this proposed PUD creates a sufficient benefit to the entire community in the form of open space, unique design, siting, so that it is keeping with the size and spirit of Aspen. Mayor Stirling said the hotel site allows 330,000 square feet, and it appears tha~ is what the applicant is asking. The square footage allowed in the site for the hotel inside the overall PUD taking the underlying FARS is 245,000 square feet. Mayor Stirling said the height needs some adjusting. Mayor Stirling said all the alterna? tives have not been discussed. Mayor Stirling said approval of this project at the conceptual level and any guarantees of money from the bankruptcy are two different issues~i Mayor Stirling said Council needs to discuss streets vacations and possible compensations,~ parking and traffic, employee housing, hotel operator and can the city play a role in selecting that operator, conference facility need, the developer's financial status. Mayor Stirling said the city Council does not have direct control over the quality of the hotel. The Council needs to discuss multi-year allocations of the GMP quota. Sunny Vann, planning director, told Council P & Z's concerns fall within four general areas, height and bulk; street vacations; parking and traffic; technical issues to be resolved prior to preliminary submission. Vann told Council P & Z is in favor of this project and also is in favor of sufficient number of rooms to insure the economic viability of this project, while working within the confines of the growth management regulations. The applicants have reduced the scale and unit count of this project in response to the city's concerns. The latest proposal consists of 453 units with 574 rooms. The Council requested the staff prepare information on the lodge site as to what Would be allowed under the e~isting zoning if Council did not vary the underlying requirement in the PUD process. Vann said the applicant and staff compiled some build out numbers based on some assumptions as to what could be built. This addresses only the portion of the PUD containing the hotel, the Continental and Aspen Inns, the parking lot and duplex and Blue Spruce. These parcels containing 217,000 square feet, not including streets. Another assumption is that the Continental would remain or be reconstructed as a non-conforming structure; the Continental already exceeds the FAR. Another assumption is that these would be standard lodge accommodation units of 375 square feet and that the applicable area and bulk requirements would govern. Based on these assumptions, these three parcels would allow construction of 251,000 square feet for a floor area ratio of 1.6:1 excluding rights-of- way. Vann told Council the Chase property is zoned CL and has an allowable FAR of 2:1; the Continental is presently 1.36:1 and the Aspen Inn site is t:1 so the aggregate is 1.6:1. Vann said using the 375 square foot room size, the total number of lodge rooms would be 625 lodge rooms. This is the carrying capacity of the land. Vann told Council the 625 lodge rooms meets the code requirement of a minimum of 25 per cent being dedicated to non-unit space, but would not be at the level of what the applicant is proposing for amenities and conference facilities. Vann said the calculation of FAR under the existing codes is fairly complex. Vann said on the hotel site itself, the allowable FAR under zoning without the streets and that the Continental would remain or be reconstruced is 1.6:1 with an allowable square footage of 251,000 square feet and based on certain assumptions, 625 total rooms. The applicant's proposal for the same site is 332,000 squarle feet and 574 rooms contained in 453 units. Vann pointed out the unit count is below that which could be done using a smaller room size. The applicant has exceeded the base FAR to build a more luxury unit and provide increased non-unit space in keeping with the caliber of the proposed hotel. The FAR of the applicant's proposal can be counted two different ways. Leaving the streets out, it is 1.52:1. If the street vacations are counted, in ~exchange for some public benefit and include that land, the FAR is 1.34:1. Vann told Council the applicant is under the underlying zoning with respect to number of units, and is requesting that the FAR be varied for the hotel site for the purpose of providing non-unit space and larger rooms. Vann said for the total PUD site, it is difficult to come up with a total allowable FAR as the top of the site is zoned L-1 and R-15~ Vann told Council the applicant's proposed FAR for the entire site is 1.13:1 excluding 100,000 square feet of land which is zoned C, conservation. Vann said if one looks at the total building on the total site, the FAR drops below 1:1 for the entire PUD site. Regular Meeting Aspen City Council March b, Mayor Stirling asked for the total FAR allowable for the entire PUD. Vann told Council there are so many different assumptions, it is difficult tO get a number. The R-15 has no maximum allowable FAR. The L-1 site has an FAR of 1:1 but it depends on the type of accommodations built. Mayor Stirling asked if the underlying FAR of the entire PUD is over 1:1. Vann said yes because of the lots zoned CL and the Continental is currently 1.36:1. Councilman Collins said the CL parcel may be encumbered by the parking requirement from the Woodstone. Vann said his presentation was to answer the question of what would be allowed under zoning. City Attorney Taddune said if the lease for the parking is waived, the property would be more developable. Councilman Blomquist asked if the Continental Inn were rebuilt, does it get full credit for the existing square feet. COuncilman Blomquist questioned the interpretation whether the non-conforming rights transfer in a PUD. Vann said the Continental Inn can be reconstructed at 1.36:1 provided the applicant does not increase the non-conformity. Vann said P & Z's consideration of this project, the specific number was not an issue. The issues were is the hotel too big on Durant street, does it block the views of the mountain, does it shade the street, is the height too excessive. Vann said the FAR calculation is a numbers game; the intent of the regulation is to allow a variance in FAR is there is a demonstrate~ purpose that can be met. The applicant contends there is a benefit in a number of areas. Councilman Blomquist said it appears the applicant is proposing a 35 per cent increase in floor area over the zoning limits. Councilman Blomquist said from his interpretation of the code, he would maintain that street vacations are not counted in the calculation of FAR. Councilman Blomquist asked if this Council could approve a 35 per cent increase in bulk and density and FAR for all short term accommocations for Aspen. Councilman Blomquist objected to a 35 per cent increase for this applicant over what is required for everyone else in the lodging industry. Vann said with respect to other lodge projects, there are very few in this situation. Small projects are not capable of doing a PUD development because of the minimum lot size requirement of 27,000 square feet~ This requirement is designed to give flexibility to larger projects to make a distinction between projects. Mayor Stirling said he would like to know was that FAR is for the entire PUD; if it is below 1:1, then this is not a concession. Vann said he could make a set of assumptions and demonstrate the FAR is below 1:1; someone else could take other assumptions and demon-! strate the FAR is above 1:1. Vann said the 1,3:1, netting out the conservation, the FAR is only slightly above the maximum FAR for the entire site. The FAR is designed to regulate the bulk of the building in terms of impact on adjacent structures and in intensity of use. P & Z felt with certain changes in height, the hotel could be made amenable to the surrounding neighborhood, without debating what the exact FAR is. Councilman Blomquist said the Council has only seen half of this PUD, and would like to see the entire PUD. Vann said Council can review the hotel in terms of bulk and mass and give guidance to the applicant in order to continue. Vann pointed out Council will have reviewed both facets of the project before it goes to preliminary. Councilman Blomquist said Council should be looking at the entire neighborhood and would like to see all the impacts. Joe Wells told CoUncil that 33 townhouse units of 3,000 square feet each is proposed for a .4:1 FAR or .72:1 calculated with or without the conservation land. Councilman Collins asked if all the land is contiguous. City Attorney Taddune said the upper and lower portions are contiguous if one assumes the city will trade the lots it owns at the top of Mill street, which is 8 lots of 22,000 square feet. John Doremus showed Council where the townhouses would be located. Taddune told Council he has received a proposal for land trade for the total square footage of the city-owned lots of 20,860 square feet for a comparable amount of land at the Koch lumber site. Taddune Said the Koch lumber parcel is 62,015 square feet. Councilwoman Walls said the land at the base of the mountain is much more valuable. Taddune said lots 7 and 8 of the city-owned property are zoned conservation and lots 9, 10 11, and 12 were acquired for nominal consideration; lot 9 is zoned conservation and lots 10-12 are divided and zOned partially conservation and partially public. Lots 14 and 15 are the site of the lease with the Aspen Ski Club for 50 years. Taddune told Council the offer proposes to relocate the Aspen Ski Club and rebuild a facility for them. Another aspect of the proposal is to resolve the litigation involving the Koch lumber property. The land trade proposal is contingent upon PUD approval. Taddune said the city-owned lots are used as part of the PUD. Joe Wells showed drawings of alternatives and what could be built if the parcels were developed separately and what this would look like. Wells said the assumptions in this presentation were that a developer would maximize the FAR, build a 28 foot high building, i Wells pointed out for the Chase parcel, it would only need a green band of 10 feet wide all around the parcel to meet the 25 per cent open space requirement. Wells compared this~ with the developer's new plan, which shows the corners turned back to reduce the perceived length on Durant. Doremus told Council this sketch demonstrates the argument of what the PUD accomplishes for the community and the benefits to the community. Splitting this site into three different parcels would allow the Continental to remain there. This would also eliminate the possibility of an integrated architectural scheme for these 11 acres. There would be no trail connection and no ski-in potential. There would not be undergrounding of utilities. A split site would allow only minimal conference facilities. This would provide 25 per cent non-unit space as opposed to the proposed 45 percent non-unit space. A multiple ownership would jeopardize the success of the lodge improvement district. This i would also eliminate a unified landscaping plan for the 11 acres. The separation of the sites would permit the same or greater leverl of traffic with surface parking and unrelated circulation patterns from three separate facilities, creating more congestion. ..~= ..... . ....... ~ Aspen City Council March 5, 1984 Doremus told Council separation of this site would not provide for a solution to storm runoff on these 11 acres, and proposed site improvements. This type of solution would not interest a major hotel operator. Doremus said this alternative would not allow flexibility, innovation or variety on this very important site. Doremus showed the Top of Mill plan integrated with the hotel plan. Doremus told Council there are three residential projects proposed as part of this entire PUD. One is 700 South Galena which is 12 units with all parking underground and design conformity with the rest of the project. The second is Summit place triplex, which is partially constructed. The fourth unit will be eliminated for a trail ski-in access of 31-32 feet. The third element is the Top of Mill, which is 33 single family and duplex units. This will be more~ spread out and have a lower density as a transition into the conservation area and the top of the mountain. Doremus showed the 8040 greenline and 3 or 4 units will partially encroach over the line. Joe Wells said these 33 units at Top of Mill are replacement of existing units on site. Councilman Blomquist said he preferred to look at the FAR for the entire site. Councilwoman Walls said the FAR is a technical number, and the problem with the hotel is the height, especially along Durant street. A building of a certain height will block the view of the mountain. Councilwoman Walls suggested the applicant cut down the height along Durant street and across Dean street so that it does not appear to be so high. Councilwoman Walls said she would prefer a low building along Durant street and higher on the south end of the project. Larry Yaw showed drawings to Council that they have tried to lower the height and move it to the south, and to angle the buildings off the corners to lessen the perception of the building on Durant street. Yaw said this hotel has the responsibility to be part of the city. Alan Novak agreed there should be a small precense on Durant street because that frontage is most sensitive to views from town. This frontage should be lower in scale than further back on the site. Novak said these are the principles that the developer has concentrated on in making modifications. The hotel frontage on Durant is only 1/4 of the street, in the center, and the corners are angled back. Novak said they did not want too low an entrance for a major lodging facility. Doremus said if the building size is reduced, the size of the rooms may be reduced and some of the amenities will be given up. Doremus said he does not feel this will benefit the community. Doremus asked how the community would benefit from having a 1:1 FAR. Mayor Stifling said the Council has control of the size of the project. The questions of room size, commercial space, conference facilities have to be determined by the applicant. The Council has a responsibility to the community to keep the scale in the tradition and theme of the the community. Doremus said one of the points of the PUD it to fit into what exists° Mayor Stirling said this structure will be a radical change to Durant Street. Mayor Stirling is concerned about height and scale and would like adjustments. Mayor Stirling said he would like to see the overall EAR for the entire PUD as close to 1:1 as possible. The city may need to make some concessions to get the FAR to 1:1 like parking reductions, maybe the city could bond the lodge improvement district, etc. Doremus said there is no provision in the code to build a hotel in Aspen, and hotels are not built in areas with FARs of 1:1. Doremus pointed out there are 277 existing units which are being replaced; they are not new. Mayor Stirling said this is larger than anything that has been applied for in the city. Mayor Stirling said Council has to look out for the best interest for the benefits and goals of this community. Alan Novak asked what the city gains by holding the size of the proposed hotel to 1:1. Councilman Blomquist said the city gains a continuation of traditions in the zoning law. Councilman Blomquist said the proposed hotel is violating the FAR to the extent of 30 to 35 per cent. Councilman Blomquist said this would set a precedent for all short term accommodations, and Council has to look at this ver seriously. Doremus said the precedent is already set with the Hotel Jerome having a 2.8:1 FAR and also received rezoning and exceeded the height limit. Vann said this is a large site and there are very few others in the city, the only others being the Rio Grande and the Aspen Institute. There is no other land assembled in which these types of regulations can be used for urban design. Vann said the Council could grant variations in the FAR because of trade offs. This is an individual case being judged on its merits, the arguments are the opportunity to master plan the entire area, to provide conference accommodations, quality facility. Vann told Council smaller parcels could not apply under PUD and may not have the same trade offs. Councilman Collins said the majority of the opposition to this project is about the mass and bulk. Council needs to look at the concerns raised about the views and the bulk. Councilman Collins said the Council has to look at the scale of the hotel and see if it is compatible and fits in with the neighborhood. Mayor Stirling said if the FAR is close to or at the underlying zoning, he would approve the hotel, but it is difficult to determine exactly what the FAR is. Mayor Stirling said he would like to see the height closer to the required 28 feet limit. Councilman Blomquist said he would like no zoning changes for this project and leave R-15 at the top. Vann said the rezoning from R-15 to L-1 is essential to the top of Mill project in order to get the carrying capacity. Vann told Council the rezoning requests were to make the FAR and density calculations more attractive. Joe Wells told Council everything in this project can be accomplished under the PUD concept; however, it is difficult to determine the maximum development potential of the land as currently zoned. Councilman Blomquist said he would like the bulk of this project reduced 10 per cent. Councilman Knecht said he would like to see the FAR remain at 1.34 for the hotel site. Mayor stirling moved that the applicant stay at 1:1 for the entire PUD; seconded by Councilman Blomquist. All in favor, with the exception of Councilman Knecht. Motion carried. Regular Meeting Aspen City Councl± ~v~zu~ ~, Councilman Collins said he has a problem setting certain limits. The Council has expressedi themselves and the adjustments should be made at the same time giving ~he applicant flexi- !i bility to arrive at the end result. Doremus said the applicant does not see a way to eliminate 40,000 square feet of above grade space. Novak said reducing this project will affect the quality but will not affect the perception of the project. Councilman Blomquist said he would like to require one-half parking space per bedroom. John Roberts told Council said the report in the Wall Street Journal is inaccurate; he would not relinquish control of the company by selling 9.9 per cent. The current management is still in place. Roberts said legally a person cannot sit on two Boards of financial institutions. The company has $40,000,000 in this project. Councilwoman Walls said one of the things that makes this hotel seem so bulky is that the hotel is designed to go along the street and the open space is all inside. If the build- ing were set back from the street with the bulk and height towards the rear, Councilwoman Walls said she would agree to a higher FAR. Mayor Stirling said the Council has to make this project fit in with the goals of this community. The Council does not know who will operate this project. Novak said this group has done a lot over the last year to prove this will be a bona fide project. Council will discuss this project March 12 at 5:15 p.m. at Paepcke auditorium. TURLEY LOT SPLIT Colette Penne, planning office, told Council this property is located at the corner of Roaring Fork road and Gillespie and is over 15,000 square feet. This lot contains a house with shed and garage. The request is subdivision exception for the purposes of a lot split and GMP exemption for the right to build a single family house. Ms. Penne told Council the minimum lot size in R-6 is 6,000 square feet, and the lots would be 9496 and 6421 square feet. There are non-conforming structures on the lot but the lot split would not increase the non-conformity. Ms. Penne told Council the lots were in common ownership at the time of growth management, and this shortened procedure is provided to form two lots. Both lots would be limited to single family lots, one of them is large enough for a duplex but this is a one time exemption. Ms. Penne told Council the conditions for the GMP exemption are that the tract has an existing dwelling, which this does; that not more than two lots may be created. Ms. Penne recommended approval for a lot split and for GMP exemption for the construction of a singlei family lot with conditions listed in the memorandum. Councilman Knecht asked if the neighbors have been notified. Ms. Penne said notice is not required. Mayor Stirling said he would like this issue addressed for future applications. Councilwoman Walls requested staff provide a drawing so that Council can do site inspections before the Council meeting.i! Councilwoman Walls moved to table this application until March 12, 1984; seconded by Counci!l- man Blomquist. Councilman Collins asked for a definition of access to this property and some provision of circulation. Council also asked for a report on changing the code for public notices. Council asked that the new lot be limited to a single family residence. All in favor, motion carried. CCLC LIGHTING PROPOSAL Gary Plumley, chairman of CCLC, reminded Council they had suggested the CCLC come up with proposal for design for lighting within a defined area. Plumley pointed out this area goes from Cemetery Lane along Main street corridor to the Cooper avenue bridge and includesi the mall and neighborhood commercial area from Durant to Main from Original to Aspen street. Plumley said the lodging district is not part of this proposal. Hagman Yaw has presented a lighting plan in phasea and the total cost is $29,982 which would bring the plan to the stage of letting bids for the mall area. Mayor Stifling asked what the cost of the actual lighting plan would be. John Cottle, Hagman Yaw, said this phase would enable the city to get a construction estimate. Cottle said he could not guess how much the entire plan would cost. Plumley said estimates are the planning stage costs about 10 per cent of the construction costs. Councilman Knecht said the appropriate place to fund this project is from the electric fund rather than the CCLC budget. Councilman Blomquist said he would like to see the priorities for the electric fund. Councilman Blomquist would like to have this planning done so the city can get construction costs. Plumley said this plan will also address the four cornerstones of the mall; the Wheeler, the Elks building, the Independence build- ing and Wagner park. The implementation of the lighting for the two buildings would be up to the owners of the building. City Attorney Taddune told Council he would like to examine~ the section of the contrac~ on limitation of liability. Councilman Knecht moved to approve the contract with Hagman and Yaw for the design construc- tion details for $29,982 with the limitation the city attorney approve the Contract and this is to be paid out of the electric fund; seconded by Councilman Blomquist. Council- members Knecht, Blomquist and Mayor Stirling in favor; Councilmembers Collins and Walls opposed. Motion carried. Plumley asked for a code amendment to require conduit to be laid in any new project or where sidewalks are put in. The CCLC felt this would be an economical way to do this work. City Manager Chapman said he would look into this. HALLAM LAKE MASTER PLAN Hal Clark told Council they have made improvements to the barn and area. Clark presented a map showing future intentions for the area. Clark showed the land the city has purchased recently and the property Mrs. Paepcke has deed to A.C.E.S. A.C.E.S. will build a bird pen next summer and in two years hopes to build a new classroom. Clark told Council A.C.E.iS. has a membership of 700 $110,000 budget, 5 full time employees. Clark told Council A.C.E.S. has a desperate need for employee housing, and would like an indication from Council they can use the Caparella house for housing. Regular Meeting Aspen C~ty Council March 5, 1984 Clark showed Council the plan for the entryway to A.C.E.So and landscaping plans. Clark ~i said he felt A.C.E.S. could take better care of the city's house than is presently being !i taken care of. Council discussed the trail alignment. Clark told Council they will change the current trail as it is too steep. Clark told Council the city spent about ~ $1,000,000 in acquiring public land in the area and $20,000 should be spent to make it look nice. SMUGGLER AREA ANNEXATION PETITION REPORT City Attorney Taddune presented Council another memorandum along with the Municipal Annexa, tion Act. Taddune said City Clerk Katrhyn Koch is trying to find the qualified electors and landowners in the area in order to calculate the percentage of qualified signatures. Taddune told Council he has prepared a resolution of intent to annex. Council asked for another report so they can act on this petition. RESOLUTION #5, SERIES OF 1984 - Withdrawal from Fire and Police Pension Assistant City Manager Ron Mitchell explained Council has already passed a resolution of intent to withdraw from FPPA. However, the state statute citation was incorrect and this changes the citztion. Councilman Collins moved to approved Resolution #5, Series of 1984; seconded by Councilwoman Walls. All in favor, motion carried. WHEELER VISITOR CENTER Councilman Knecht said he was not informed of the meeting with the Wheeler Board and ARA. Councilman Knecht said he would appreciate phone calls about scheduled meetings. Mayor Stirling said in the proposed box office space, the wall will be moved and the box office will be shared as a visitor's center. Mayor Stirling said there will be a report to Council at the next meeting on how this will work and what the cost of moving the wall will be and where the offices will be relocated. CANTRUP LITIGATION SETTLEMENT City Attorney Taddune told Council the court has ordered some finality be given to the bankruptcy proceeding and this litigation is part of the bankruptcy. There is a procedure the estate has to go through in order to have the court approve the settlement agreement. Council has to approve~this agreement; it also has to be approved by the bankruptcy court. This settlement agreement involves the dismissal of 3 lawsuits and one counter claim with prejudice to each part. The 3 lawsuits have to do with the Aspen Inn and the counteri claim placed in jeopardy the 36 1978 GMP allotments. This agreement provides acknowledge- ment of the right to construct 36 units in accordance with (a) final city appro~l of the Aspen Mountain Lodge PUD submission or (b) any other city approved amendment to the 1978 GMP application which reasonable satisfies the conditions on which the 1978 applicant was granted. Taddune said this agreement verifies 275 existing units, rather than the 269 the building department can verify. The developer contends there are 277 units available. This agreement discusses the waiver of the Woodstone parking spaces. Taddune said these parking spaces are encumbering the Chase parcel. The planning office recommends the city concen- trate on the employee housing units, which have been foreclosed upon. This parking does not serve the woodstone. Taddune told Council the Koch parcel lawsuit will not be resolved as part of this settlement. It is completely independent. Councilman Collins moved to table this until March 7, at 5:00 p.m. and to continue this meeting; seconded by Mayor Stirling. All in favor, motion carried. Council left Chambers at 8:55 p.m. Kathryn S.~och, City Clerk Continued Meeting Aspen City Council March 7, 1984 Mayor Stirling called the meeting to order at 5:15 with Councilmembers Walls, Blomquist, Collins and Knecht present. CANTRUP LITIGATION SETTLEMENT Councilman Collins moved to go into executive session to discuss Cantrup settlement; seconded by Councilman Knecht. Councilman Collins said this is a matter of litigation and executive session is consistent with Council's policy. This has been discussed in executive session before. Mayor Stirling pointed out there is a memorandum from the citY attorney dealing with the settlement which has been distributed for public information. Also Council discussed this briefly at their last meeting. Councilmembers Collins and Blomquist in favor; Councilmembers Knecht, Walls and Mayor Stifling opposed. Motion NOT carried. Spencer Shiffer told Council negotiations have been going on for a~most 2 years with 20 drafts. Schiffer said this settlement is not part of the land use application, which is also going on. Mayor Stirling said Council has some concern about waiving the parking for the Woodstone. Councilman Blomquist said the Woodstone parking agreement is a bad agreement, requiring parking 3 blockS away is absurd. Councilman Blomquist said he has no problem waiving the parking requirements. 3668 Co~tinuedMeeting Aspen City Council March 7, 1984 Taddune told Council the Woodstone has not sold any condominium units. The P & Z made a requirement that the Woodstone provide four employee housing units. This requirement was satisfied by a lease of three units at the Alpina Haus. Taddune said the Alpina Haus has been foreclosed upon. Taddune said he is concentrating on what benefits the city the most, which is the employee housing. The owners of the Woodstone have agreed tenta- tively to not sell any units until they satisfy the four employee units requirement. Mayor Stirling said he would be willing to waive the parking at the Chase proper~y. Council agreed they were willing to waive the parking. Councilman Blomquist said the memorandum states,"depending upon point of view, this settlement facilitates the PUD at the base of the mountain", and asked what this means. Councilman Blomquist said this settlement agreement will no5 bind the city to the PUD. Taddune said staff feels the solution to the problems an this area with the Aspen Inn and the Blue Spruce is a PUD. Taddune said he feels the present PUD addresses all conditions of the 1978 GMP allotment regarding the 36 units. Vann said the purpose of this provisions is to prevent bartering of GMP credits. Councilman Blomqulst said there is no way that Council approving this agreement will effect their right to review, disapprove or modify negotiations with the Aspen Mountain Lodge PUD. Mayor Stirling said verifying 275 units gives this agreement some value. Councilman Collins said this agreement only resolves the three lawsuits and does not resolve the Koch lumber suit. Taddune said there is an amendment to this agreement where the Koch lawsuit is assigned to Commerce. Taddune told Council this lawsuit might come up in a proposal for trading properties. Taddune said the proposal for the land trade is that the Koch lawsuit will be dropped once it is assigned. Schiffer pointed out the creditors want to get something in terms for dismissing or settling the lawsuit. Council- man Blomquist said the value of the city's land is determined by what Council does with the PUD. Taddune said he sees the Aspen Inn litigation as independent of the Koch lawsuit. Mayor Stirling agreed. Taddune told Council Commerce is willing to accept settlement of the three Aspen Inn lawsuits and assignment of the Koch lawsuit. They originally required all four lawsuits to be resolved. Councilman Blomquist moved to approve Resolution #8, Series of 1984; seconded by Council Knecht. All in favor, with the exception of Councilman Collins. Motion carried. Councilman Collins moved to adjourn at 5:40 p.m.; seconded by Councilman Knecht. All in favor, motion carried. Kathryn Sd Koch,' City Clerk Regular Meetin~