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Home My WebLink Aboutminutes.council.20020114Regular Meetin~ Aspen City Council January 14, 2002 ANNUAL MEETING - ASPEN PUBLIC FACILITIES ............................... 2 COUNCIL MEETING .................................................................................... 2 KID'S FIRST COLLABORATION AWARD ................................................ 2 CITIZEN PARTICIPATION .......................................................................... 3 COUNCILMEMBER COMMENTS .............................................................. 4 CONSENT CALENDAR ................................................................................ 5 · Resolution #1, 2002 - Posting of Public Meetings ................................. 5 · Resolution #4, 2002 - Extension Request of Time to File Plat for Bavarian Inn PUD ....................................................................................... 5 · Minutes - December 10, 17, 2001 ........................................................... 5 FIRST READING OF ORDINANCES .......................................................... 5 · Ordinance # 1~ 2002 - Code Amendments - Historic Preservation ......... 5 · Ordinance #2, 2002 - Historic Preservation Benefits ............................. 5 · Ordinance #3, 2002 - Christmas Inn Lodge Preservation PUD .............. 5 ORDINANCE #43, SERIES OF 2001 - Oden de-Annexation ....................... 7 ORDINANCE #50 SERIES OF 2001 - Amendment to Housing Guidelines 7 ORDINANCE #51,2001 - Code amendment GMQS/Time Share ................ 8 ORDINANCE #52, 2001 - Aspen Mountain PUD Lot 5 ............................... 8 RESOLUTION #2, SERIES OF 2002 - Request to Waive Banner Policy - Food and Wine 20th Anniversary .................................................................. 12 RESOLUTION #3, SERIES OF 2002 - Request to Waive Sign Policy - World's Fair Winterskol Restaurant Booths .................................................. 13 REQUEST FOR FUNDS - Native Voices .................................................... 13 Regular Meeting Aspen City Council January 14~ 2002 ANNUAL MEETING - ASPEN PUBLIC FACILITIES Helen Klanderud called to order the annual meeting of Aspen Public Facilities Authority at 5:00 p.m. with members Terry Paulson, Tom McCabe, Tim Semrau, Tony Hershey, Bill Powell and Kathryn Koch present. McCabe nominated Tony Hershey as assistant secretary; seconded by Paulson. All in favor, motion carried. Paulson moved to approve the minutes of January 8, 2001; seconded by Semrau. All in favor, motion carried. The slate of officers for 2002 is: President Helen Klanderud Vice President Terry Paulson Secretary Kathryn Koch Asst. Secretary Tony Hershey Treasurer William Powell There was no other new business for the Public Facilities Authority to consider. Hershey moved to adjourn at 5:05 p.m.; seconded by McCabe. All in favor, motion carried. COUNCIL MEETING Mayor Klanderud called the meeting to order at 5:05 p.m. with Councilmembers Semrau, Paulson, McCabe and Hershey present. KID'S FIRST COLLABORATION AWARD Shirley Ritter, Kid's First director, told Council the Kid's First received the Paradigm Award from the Colorado Office of Resources and Referrals. This award is for collaborating with Garfield and Eagle counties on childcare. Ms. Ritter said 2 years ago Council approved increased hours for the staff at Kid's First. Without that increase, Kid's First would not have been able to carry out the collaboration they do. 2 Regular Meeting Aspen City Council January 14, 2002 CITIZEN PARTICIPATION 1. Tom Marshall, local contractor, told Council he is disappointed about the proposed splitting of the building department into a city and county department. Marshall said as far as the public and contractors are concerned, this is the wrong way to go. Marshall said he cannot see an economic benefit in doing this. Marshall asked who this will benefit and why is it being done. Steve Barwick, city manager, said this is a small part of the changes in community development department. This is not the principle change, there will be many improvements for customer service and efficiency. Marshall said instead of one interpretation of the code, contractors will now get two interpretations. When there were two separate building departments, the city and county were not even using the same edition of the building code. Marshall suggested one chief building official With a city person and a county person under him. Barwick said this has not happened yet. The governments will have to make sure it does not cost any more money. Barwick said there will be faster service and more efficiency when this is finished. 2. Toni Kronberg asked Whether the Iselin Pool and Ice facility is being called that or a recreation center. Money is being raised to build an ice rink. Ms. Kronberg said her goal is to add a recreation center onto the pool and ice facility. 3. Suzy Chaffee said the community wants to do something special for the Native Americans in this Olympic year. The idea is to have a Native American art exhibit at the airport throughout 2002, scenes to show what the Roaring Fork Valley looked like hundreds of years ago. Ms. Chaffee told Council they have gotten sponsors for things like electricity, CDs, CD players. Ms. Chaffee requested a contribution from the city of $1725. Ms. Chaffee told Council this exhibit will be at the Airport for one year. Councilman Hershey said in the. future, any requests for contributions should go through the Arts and Non-profits Board. Council agreed to add this to the end of the regular agenda. CoUncilman McCabe reiterated any future requests for funds Should come through the city's channels, which is to consider the dozens and dozens of requests from non-profit organization in the same context. 3 Regular Meeting Aspen Ci~, Council January 14~ 2002 4. Amy Guthrie, historic preservation officer, told Council the city has been awarded a $100,000 grant to start work on restoring Ute Cemetery. COUNCILMEMBER COMMENTS 1. Mayor Klanderud read a letter from Paul and Lisa Jung thanking Council for taking time to view the video for the Shimakappu sister city made by middle school students. 2. Councilman Hershey reminded everyone the X-games start Thursday at Buttermilk and go on through the weekend. Councilman Hershey said the transportation department has worked hard to provide alternative transportation. 3. Councilman McCabe congratulated the high school boys' hockey team with a record of 9 and 1. 4. Councilman McCabe said there are many veterans as members of the Elk's Lodge. They would like to work with the city on restoring Ute Cemetery. 5. Councilman Paulson said he hopes the decisions made by this Council in 2002 are appropriate with what is going on in the world. 6. Council appointed Councilman McCabe to sit on the Puppy Smith COWOP project. The next meeting is January 22 at noon. 7. Steve Barwick, city manager, requested Council delete tonight's executive session. It will be January 15~. 8. Councilman Semrau said there is a Housing Board meeting Wednesday, January 16th on in-fill. The Board will be making recommendations. 9, Councilman McCabe announced there is a Club 20 transportation committee meeting January 25th at 10 a.m. in Glenwood Springs. Councilman McCabe said the state legislature is working on ways to raise money for transportation. 4 Regular Meeting Aspen City Council January 14, 2002 CONSENT CALENDAR Councilman Hershey moved to approve the consent calendar; seconded by Councilman Paulson. The consent calendar is: · Resolution #I, 2002 - Posting of Public Meetings · Resolution #4, 2002 - Extension Request of Time to File Plat for Bavarian Inn PUD · Minutes - December 10, 17, 2001 All in favor, motion carried. FIRST READING OF ORDINANCES · Ordinance #1, 2002 - Code Amendments - Historic Preservation · Ordinance #2, 2002 - Historic Preservation Benefits Ordinance #3, 2002 - Christmas Inn Lodge Preservation PUD Councilman Hershey moved to read Ordinances 1, 2, and 3, Series of 2002~ seconded by Councilman Paulson: All in favor, motion carried. ORDINANCE NO. 1, SERIES OF 2002 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AMENDMENTS TO THE HISTORIC PRESERVATION PROGRAM AND THE FOLLOWING SECTIONS OF THE LAND USE CODE: SECTION 26.104- GENERAL PROVISIONS, 26.208- CITY COUNCIL, 26.212- PLANNING AND ZONING COMMISSION, 26.220- HISTORIC PRESERVATION COMMISSION, 26.304- COMMON DEVELOPMENT REVIEW PROCEDURES, 26.312- NONCONFORMITIES, 26.415- DEVELOPMENT INVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR WHICH OCCURS IN AN "H," HISTORIC OVERLAY DISTRICT, 26.420, HISTORIC OVERLAY DISTRICTS AND HISTORIC LANDMARKS, 26.430- SPECIAL REVIEW, 26.470- GROWTH MANAGEMENT QUOTA SYSTEM, 26.480- SUBDIVISION, 5 Regular Meeting Aspen City Council January 14, 2002 26.500 DEVELOPMENT REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC, 26.510- SIGNS, 26.515- OFF STREET PARKING, 26.520- ACCESSORY DWELLING UNITS, 26.575.030- OPEN SPACE, 26.575.120- SATELLITE DISH ANTENNAS, 26.610- PARK DEVELOPMENT IMPACT FEE, AND 26.710- ZONE DISTRICTS ORDINANCE NO. 2, SERIES OF 2002 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING BENEFITS FOR PROPERTIES LISTED ON THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES, AND ENACTING SECTION 26.420 OF THE LAND USE CODE ORDINANCE NO. 3 (SERIES OF 2002) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A MINOR PLANNED UNIT DEVELOPMENT FOR THE CHRISTMAS INN, LOCATED AT 232 WEST MAIN STREET, LOTS K, L, M, AND WESTERLY HALF OF LOT N, BLOCK 51, CITY AND TOWNSITE OF ASPEN, COLORADO Councilman Paulson moved to adopt Ordinances #1, 2, and 3, Series of 2002, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Semrau, yes; McCabe, yes; Paulson, yes; Hershey, yes; Mayor Klanderud, yes. Motion carded. Chic Collins noted Ordinances #1 and 2 are very broad, important ordinances. Collins requested a summary of the HPC program to date. Collins said this program has been in effect for years and he would like Council to have a list or pictures of historic projects to see if this is what Council envisioned. Collins said there also should be a list of who is on the inventory that these ordinances may affect. Amy Guthrie, community development department, told Council she has the information of who is on the inventory and who is on the proposed inventory. Ms. Guthrie said there have been over 1,000 cases before HPC in 30 years. It would be a major task to summarize all that information. Collins said he feels people who will be affeCted bY this ordinance ~hoUld haVe a Chance t° review it. 6 Regular Meeting Aspen City Council January 14, 2002 Councilman McCabe noted the original historic preservation program has been largely successful. However, the goals of what are being preserved are applying to newer buildings. Councilman McCabe said the city is trying to make the historic preservation system work better. There have been many meetings and a lot of input from the public on improving this process. Collins said he feels there are questionable aspects on how project will be handled. Collins said extending some proposed benefits may defeat the purpose of historic character. Mayor Klanderud suggested Collins meet with staffto see if he can get the information he wants. The public hearing will be January 28th. The entire ordinance was printed in the January 11, 2002, Aspen Times and is available on the city's web site. John Kelly said there is a list of 30 properties proposed for the inventory and suggested Council have pictures of these for the public hearing. Julie Ann Woods, community development department, pointed out these ordinances are code amendments; they do not relate to specific properties. There will be hearings at a later date for specific properties. ORDINANCE #43, sERIEs OF 2001 - Oden de-Annexation Councilman McCabe moved to continue this to March 25, 2002; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE #50 SERIES OF 2001 - Amendment to Housing Guidelines Mary Roberts, housing director, reminded Council they adopted the 2001 housing guidelines in December. The BOCC amended the guidelines before they adopted them. This amendment would make the city and the county guidelines the same. The changes in this ordinance are (1) requirement for requalification affidavit to maintain eligibility for owning an affordable housing unit; (2) category 2 sales prices for 2 and 3 bedroom units and single family detached units were lowered at least $12,000; (3) a definition for the Roaring Fork River Drainage was added and (4) a base year 1967=100 was added to the CPI. 7 Regular Meeting Aspen City Council January 14~ 2002 Mayor Klanderud asked why the sales prices in only one category were amended, Was Category 2 oUt of whack. Ms. Roberts said category 2 households have less discretionary income left after paying for housing. Mayor Klanderud asked if income levels and percentage of portion for housing varied. Councilman McCabe noted lowering the prices of category 2 housing will affect the city's housing budget as the city is the entity that is providing subsidy for affordable housing units. Councilman Semrau said the housing board recommended the higher prices and did not comment on this amendment. Councilman Paulson moved to adopt Ordinance #50, Series of 2001, on second reading; seconded by Councilman Hershey. Mayor Klanderud said she would prefer to amend the ordinance and keep the category 2 sales prices as originally approved by Council. Roll call vote; Councilmembers McCabe, no; Paulson, yes; Hershey, no; Semrau, no; Mayor Klanderud, no. Motion NOT carried. Councilman Hershey moved to adopt Ordinance #50, Series of 2001, on second reading amending Section 2 to keep the category 2 sales prices as originally approved; seconded by Councilman Semrau. Roll call vote; Councilmembers Hershey, yes; Semrau, yes; Paulson, no; McCabe, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #51, 2001 - Code amendment GMQS/Time Share ORDINANCE #52, 2001 - Aspen Mountain PUD Lot 5 Fred Jarman, community development department, reminded Council this is the first public hearing. Council will not take action until January 28th after they consider the time share portion of the application. Jarman reminded Council this is located in the L/TR zone on 86,700 square feet. Jarman presented renderings, showing a 4 story building, 45 feet to the top. There will be about 300 square feet of commercial square feet of retail space. The restaurant has been eliminated in this proposal. Jarman showed the J-style configuration of the building. The conceptual approval was for a 150-room hotel. The applicant requested approval of a 51 unit multi family residential integral Ownership use. Jarman said this 8 Regular Meeting Aspen City Council January 14, 2002 building will serve as short term accommodation use; however, the units will be individually owned. There is a sub-grade garage with 111 spaces, which meets the city land use code requirements. There will be a front desk, concierge, bar/lounge, exercise room. At the rear of the site are 9 affordable housing units. These are one-bedroom, category 2 units ranging from 634 to 800 square feet. The proposal includes 9 designated parking spaces on South Galena street for ice rink parking. Jarman said the proposal is 51 suites with lockoffrooms that can be rented separately'. Jarman showed Council how the free market units can be split up and individually rented. The height, bulk, floor area has not changed since conceptual approval. Jarman noted there have been changes in the design of the parking garage, not the number of spaces. Jarman pointed out an easement for an alpine trail behind the lot. Jarman showed how the affordable units will be located on site. They Will have window wells. The applicants presented a drawing showing how much sunlight the affordable units will get. The bottom of the window well on the Galena side is 15 feet down; on the west side of the site, the window well is 18 feet down. Jarman reiterated the dlfferen~es fr0m what WaS appr°3ed at C°nceptual; the elimination of the restaurant, reduction in the commercial retail space, elimination of the conference space, addition of 1 affordable housing unit and moving the on-street parking up to South Galena street. This is a PUD and this proposal is consistent with underlying zoning except for height and FAR, which were addressed at conceptual. Under the L/TR, minimum lot area per bedroom is 1,000 square feet/bedroom. This proposal is 450 square feet/bedroom. The previous proposal had 150 hotel room and for a lodge there is no requirement for minimum area/bedroom. When a kitchen is added, these become units and the multi-family structure has to meet the 1,000 square feet/bedroom. Jarman told Council the proposed text amendment would allow the applicant to convert 50 existing lodge reconstruction credits to residential credits at the rate of 2.95 tourist accommodations per 1 residential unit. Jarman reminded Council to achieve the 150 room hotel, a code amendment was passed to allow residential credits to be converted to lodge/tourist credit. This text amendment will make that conversion reciprocal. 9 Regular Meetin~ Aspen City Council January 14, 2002 Jarman said staffis concerned about the livability of the affordable housing units. Both the housing board and P&Z approved this proposal. Jarman said with 150 room hotel, the applicant had to mitigate 40.9 FTEs. The applicant is required to house 15.75 employees in the hotel, 13 at the Bavarian. The conceptual approval stated the remaining 12.5 employees could be mitigated for in the hotel, or off-site in the metro area, or by buying down free market units and deed restricting them. The applicant requests another alternative, which is to pay cash-in-lieu for the remaining employees. The housing board has recommended Council approve that request. Jarman said cash-in- lieu would be in the neighborhood of $2.27 million. Sunny Varm, representing the applicants, said the applicants presented a changed conceptual application of timeshare and received Council approval on that amended application. Vann told Council the employee generation and mitigation requirement for the interval ownership project is less than for a full service hotel. Vann said with all the negotiations of the affordable housing with the previous owners, Four Peaks decided not to revisit that issue. The amount of housing being provided is sufficient to mitigate for the employee generation of this interval ownership project. The applicants are only asking to pay cash-in-lieu for the remainder of the mitigation of employees needed for the full service hotel. Vann said the applicants feel housing more employees on site would be a detriment to the project. Staff and the housing board felt that cash-in-lieu towards other city projects would be appropriate. Vann pointed out the cash-in-lieu totals have increased 50% with the adoption of the housing guidelines since the initial approval of this idea. Vann said the previous owners got approval to convert unused residential units to lodge rooms in order to build a hotel without having to compete under growth management. Vann said the conversion factor was one way and in fact it should work both ways. This code amendment clarifies that, subject to approval of Council. Vann said with the approval of this project and Top of Mill, all of Savanah's credits will have been used. Bill Poss, architect, pointed out the ceilings in the employee units are 12 feet in height with windows up to 10 feet. There is a garden outside the windows and the retaining wall has been shortened. There is a trail on top of the retaining wall. Councilman Semrau asked if this meets the building code re. quirement for minimum light per building code. Jarman said staff has given no indication this does not meet the UBC. Poss said this meets the 10 Regular Meetin~ Aspen City Council January 14, 2002 10% minimum requirement. Vann noted these are category 2 units that exceed the size requirements with direct access to underground parking. Mayor Klandemd opened the public hearing. Marcia Goshom urged Council to support this proposal. Steve Fallender asked how the 9 parking spaces for the ice rink will be enforced. Vann said the obligation for these parking spaces comes from the original PUD. A number of alternatives was looked at, and this met the requirements of staff and P&Z. These parking spaces are in the public fight-of-way and will be signed appropriately by the streets department. Mayor Klanderud closed the public hearing. Jarman pointed out condition #20, Ordinance #52, includes language regarding these 9 parking spaces. Councilman Paulson asked about the drainage plan. Vann told Council the applicants are required to provide a drainage plan to handle a 100-year event to satisfy the city engineer. Councilman McCabe asked about a separate homeowners association for the affordable housing units. Vann said these are rental units and will probably necessitate a separate ownership element. Councilman Semrau asked who will own the affordable housing units after all the free market units are sold. Vann said they will either be a general common element or a limited common element of the homeowner's association for the entire project; this has not yet been worked out. Vann said they will take care of this in the PUD agreement, the deed restrictions on the units or in the condominium declarations. Vann agreed the point is that a disproportionate share of maintenance costs do not get passed on to the renters. Councilman Semrau asked how this "feels" like a traditional hotel; there is no restaurant or some other aspects of a hotel. Scott Writer, Four Peaks, told Council restaurants generate a lot of employees, which this project is trying to avoid. Generally restaurants are in 4 or 5 star hotels rather than moderate hotels. Writer noted they would like to support local restaurants and these units do have kitchens. Councilman Hershey said the concern is that this is a lively space with activity for the general public as well as guests. Writer said he feels this will be lively as the units will be aggressively rented, there is a lobby lounge space, a small ,commercial space with glass to the street, and a concierge. People will be moving between the St. Regis, the ice fink I1 Regular Meeting Aspen City Council January. 14, 2002 and thc base of Aspen mountain. Writer told Council the front desk will be staffed 24 hours a day. Poss illustrated on the architectural plans the large central lobby, the concierge, the ski rooms, lounge opening out onto a courtyard with a firepit. Councilman McCabe said he is concerned with the loss of conference space, which is needed in this town. Councilman Paulson asked about the greenfrastructure plan and if the applicants will work with CORE to maximize the solar efficiencies. The applicants agreed. Councilman Semrau asked for a landscaping plan for the lightwell area for the next meeting. Councilman Hershey moved to continue Ordinances #51 and 52, Series 2001, and to continue the public hearing to January 28, 2002; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #2~ SERIES OF 2002 - Request to Waive Banner Policy - Food and Wine 20th Anniversary Chris Nolen, president Aspen Chamber Resort Association, told Council Food & Wine had banners for their 15th anniversary and have been waiting for this anniversary t° request banners again. Ms. Nolen said ACRA would like to meet this request. Food & Wine has committed to Aspen for several years in the future. Councilman Hershey asked how meeting this request will affect Food & Wine. Ms. Nolen said it will be regarded as a thank you from the city and it is also a recognition opportunity for Food & Wine as a sponsor. Mayor Klanderud pointed Out the city has just completed their banner policy th th th which will allow banners for 25 , 50 , 75 and 100 anniversaries, and not for recurring events. Councilman Hershey said he supports this request because this is an important event to the community and to its economics. Councilman McCabe said there is no policy the city can pass that will make everybody happy or to meet every situation. Councilman McCabe said he would rather have a banner policy that allows banners for many events in the commercial core and/or the mall area. Councilman Paulson moved to approve Resolution #2, Series of 2002; seconded by Councilman Hershey. All in favor, with the exception of Councilman McCabe. Moti°n Carried. 12 Regular Meeting Aspen City Council January 14, 2002 RESOLUTION #3~ SERIES OF 2002 - Request to Waive Sign Policy - World's Fair Winterskol Restaurant Booths Kathryn Koch, city clerk, explained this is the 7th annual World's Fair restaurant booths associated with Winterskol. Ms. Koch told Council there have been signs in the individual booth announcing which restaurant is sponsoring that booth in the past. These signs are enclosed in the booth and hung at the back. This year when the special event committee reviewed Winterskol, staff noted these signs are not allowed by the recently adopted sign policy. Staff is recommending signs be allowed in the restaurant booths as well as in the ACRA booth and the band booth. Ms. Koch requested this be approved for future World's Fairs as long as it is reviewed by the special event committee and is basically as presented with this request. John Worcester, city attorney, said this can be accommodated within the sign policy. Councilman Paulson moved to approve Resolution #3, Series of 2002; seconded by Councilman McCabe. All in favor, motion carried. REQUEST FOR FUNDS - Native Voices Councilman Hershey moved to approve $1725 from Council contingency for Native Voices as long as they are sent a letter explaining the grant policy; seconded by Councilman Paulson. All in favor, motion carried. Councilman Hershey moved to adjourn at 8:25 p.m.; seconded by Councilman Semrau. All in favor, motion carried. ~och, City Clerk 13