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HomeMy WebLinkAboutminutes.council.20020812Regular Meeting ., A,spen,City Cou,ncil August 12~ 2002 BOARD COMMENDATION - Edward Sweeney ......................................... 2 BOARD COMMENDATION- Gilbert Sanchez ........................................... 2 OUTSTANDING EMPLOYEE BONUS AWARDS ..................................... 2 CITIZEN COMMENTS .................................................................................. 2 COUNCIL COMMENTS ............................................................................... 3 CONSENT CALENDAR ................................................................................ 4 [] Resolution #68, 2002 - Calling Special Election ................................ 5 [] Election Equipment Purchase ............................................................. 5 [] Request for Funds - HPC Guidelines .................................................. 5 [] Tmscott Funding ................................................................................. 5 ~ Resolution #69, 2002 - Contract with CDOT Asphalt Repair ........... 5 [] Board Appointments -. ........................................................................ 5 [] Board of Adjustment - Howard DeLuca - regular; Greg Hughes - alternate ....................................................................................................... 5 [] P&Z Jack Johnson - regular; Dylan Johns - alternate ......................... 5 [] LLA - Gary Esary, Bill Murphy, Peter Helbum ..................... : ........... 5 [] Wheeler - ,Ion Busch; Brian O'Neil ..................................................... 5 [] Minutes - July 22, 2002 ....................................................................... 5 RESOLUTION #74, 2002 - Contract with DHM Civic Center Master Plan. 5 RESOLUTION #70, 2002 - Maroon Creek Road Right-of-Way Annexation RESOLUTION #75, 2002 - Contract to Buy Real Estate - Zupancis ............ 6 FIRST READING OF ORDINANCES .......................................................... 8 [] Ordinance #30, 2002 - Marqusee Rezoning ........................................ 8 ~ Ordinance #32, 2002 - Charter Amendment ....................................... 8 Z} Ordinance #33, 2002 - Code Amendment - Prohibiting Horse Drawn Carriages on Sidewalks ............................................................................... 8 ORDINANCE #24, SERIES OF 2002 - Innsbmck PUD ............................... 9 APPEAL OF HPC DECISION - 629 West Smuggler .................................. 10 RESOLUTION #76, SERIES OF 2002 - Mandatory Adoption of Local Government Master Plan ............................................................................... 16 RESOLUTION #71, SERIES OF 2002 - Ballot Question - Charter Amendment Legal Publications .................................................................... 16 RESOLUTION #72, SERIES OF 2002 - Election Question - Sale of City Property to Facilitate Obermeyer Project ...................................................... 16 RESOLUTION #73, SERIES OF 2002 - Ballot Question Trolleys ............. 17 Regular Meeting Aspen City C ,ouncil Augu,st 12~ 2002 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Paulson, McCabe, Hershey and Semrau present. BOARD COMMENDATION - Edward Sweeney City Council recognized Edward Sweeney for serving on the Wheeler Board of Directors from 1990 to 2002. BOARD COMMENDATION - Gilbert Sanchez City Council recognized Gilbert Sanchez for serving on the Historic Preservation Commission from 1997 to 2002. OUTSTANDING EMPLOYEE BONUS AWARDS City Council presented plaques and bonus awards to Jim Considine, information services; Cindy Christensen, housing, and John Rushing, police department. CITIZEN COMMEN. ,TS 1. Diana Van Duesen said it is sad that Council will put to a vote to give away a gift that has been the city's for year. The main attraction of Aspen is the mountains and they should not be hidden from view behind tall buildings. 2. Debra Moore said the city should be very cautious on recommendations from Obermeyer COWOP. Some issues are hidden. 3. Rachel Richards thanked the Council for the excellent condition of the softball fields. Ms. Richards objected to housing funds being used to purchase the Zupancis property. Ms. Richards said there is no intent to build housing on the Zupancis property. Ms. Richards reminded Council when housing money was used to purchase the Bass property, it was difficult to get the money back to the housing funds. Ms. Richards said over 22% of the current housing funds will be committed to this project with no clear plan of when the housing money will be coming back to the housing funds. Ms. Richards said it seems that no housing is being built and the housing program has disappeared. 2 Regular Meeting Aspen Ci~, Council August 12, 2002 COUNCIL COMMENTS 1. Councilman Hershey said he is very concerned about the county ballot issue on the primary election tomorrow. Councilman Hershey said there are no contested issues and he hopes everyone goes to vote. 2. Councilman McCabe encouraged people to vote yes on the county ballot question to bring Pitkin County to the way the rest o£the state collects its taxes. 3. Councilman Semrau said for housing projects, Burlingame Parcel D is moving forward; big Burlingame is also moving forward, and the COWOP has been revitalized. These projects could start next construction season. Councilman Semrau explained the delay on Burlingame was trying to work out a trade with the ASpen Valley Land Trust that would have been to everyone's advantage. 4. Linda Gerdenich, community relations, announced the community picnic will be Thursday, August 22~a fi'om 4 to 7 p.m. at Paepcke Park. Everyone is encouraged to attend. 5. Steve Barwick, city manager, told Council P&Z will address the potential rezoning £or the ground floor in the commercial core on September 3fa. This is moving jointly with the infill project. If infill takes longer, these two will be separated. 6. Steve Barwick, city manager, said there is a need to address revitalization o£the downtown core. The Mayor suggested the CCLC should take this as their primary task for the next several months and work with representatives fi'om ACRA and the economical sustainability committee. Council agreed and suggested scheduling a work session with the CCLC to go over this task. 7. John Krueger, transportation department, said sta££has received complaints about buses and noise. Krueger told Council staff'took decibel readings o£hnses in a controlled environment and around town. The decibel readings were never over the allowed decibel range of 77 to 78 dbls. Krueger said this was what the city required ogthe manufacturer when the buses were purchased. The new buses are the quietest buses in the fleet and the quietest buses made by Neoplan. Councilman Paulson said he did a 3 Regular Meeting Aspen Ci.ty Council August 12, 2002 decibel reading at the comer of Durant and Spring and the bus noise was over 90 dbls. Councilman Paulson said he feels the noise level is out of control and the allowable decibel level should be lowered. Jannette Whitcomb, en¥ironmental health department, told Council there will be a work session on revisions to the noise ordinance August 20th at 4 p.m. 8. Mayor Klanderud told Council the economic sustainability committee is working on their final reconm~endations to bring to Council regarding the vitality of the town. The ACRA, city, Aspen Institute Community Forum and retailers have been involved in this process. 9. Mayor Klanderud announced RFTA is having a financial workshop on August 15th in order to gain a better understanding of their financial needs. 10. Mayor Klanderud asked for an update on the civic master plan. Chris Bendon, community development department, told Council the civic master plan group has started the discussion of where all major facilities should go. Bendon told Council relocating city hall has been taken off the table as an option. The group is talking about the fire station, art museum, visitors' center. CONSENT CALENDAR Mayor Klanderud removed Resolution #74, Series of 2002, Civic Master Plan contract with DHM and Resolution #75, 2002, Purchase of Zupancis property. Councilman McCabe removed Resolution #70, 2002; Maroon Creek Road annexation; Councilman Hershey moved to adopt the consent calendar as amended; seconded by Councilman McCabe. The consent calendar is: 4 Regular Meeting Aspen City Council August 12~ 2002 ~ Resolution #68, 2002 - Calling Special Election c~ Election Equipment Purchase = Request for Funds - HPC Guidelines = Truscott Funding = Resolution #69, 2002 Contract with CDOT Asphalt Repair [] Board Appointments - c~ Board of Adjustment - Howard DeLuca - regular; Greg Hughes - alternate n P&Z Jack Johnson - regular; Dylan Johns - alternate ~ LLA - Gary Esary, Bill Murphy, Peter Helbum [] Wheeler -Jon Busch; Brian O'Neil [] Minutes - July 22, 2002 All in favor, motion carded. RESOLUTION #74~ 2002 - Contract with DHM Civic Center Master Plan Mayor Klanderud said she is concerned with so. many planning projects going on at the Same time. Mayor Klanderud said a lot of money is being spent on the master plan, which is a redesign of the community. Some beneficiaries of the master plan are other organizations in town, like the fire department and art museum. Mayor Klanderud questioned whether should the city be paying all the money up front. Chris Bendon, community development department, told Council the city needs to take the leadership role in determining the appropriate location for major facilities in downtown. Bendon said all these plans are within the community development department work program. Bendon said the infill program is separate from the civic master plan because it is general, it is for redevelopment of private properties in the commercial area. 5 Regular Meeting Aspen City Council August 12, 2002 Bcndun told Council the civic master plan is not doing programming work and feasibility studies for other groups in the area. They are to come up with what they feel is feasible for their organization. Mayor Klanderud said she does not feel the downtown necessarily needs to be redesigned. Bendon said it is up to Council to make the final decision on whether groups should be moved or not. Bendon told Council there were many independent discussions going on about major facilities. Councilman Semrau asked if this is funding for phase III and when will it be complete. Bendon said the work should be done by December. Councilman Semrau agreed the downtown is "not broke"; however, there may be some improvements that can be made. Councilman Semrau said a lot of effort has been put into this and it is appropriate to finish the process then see if there is community will to implement any of it. Bendon pointed out this is spend as the project goes along and this contract does not commit the city to the entire $100,000. Councilman Paulson said of all the projects going at once, are any of them in conflict with economic sustainability and keeping an attractive community. Bendon said he does not feel any of these efforts are in conflict. RESOLUTION #70, 2002 - Maroon Creek Road Right-of-Way Annexation Councilman McCabe asked if the issues brought up by the asset manager have been taken care of or will be before the road is annexed. Ed Sadler, assistant city manager, told Council county staff is taking care of the culverts and the drainage issues. The county has put the asphalt overlay out to bid. RESOLUTION #75, 2002 - Contract to Buy Real Estate - Zupancis Mayor Klandemd shares the concern about spending housing money to purchase this parcel. Mayor Klanderud noted there may be housing on this parcel. This is a valuable property. Steve Barwick, city manager, told Council the housing fund has about $13 million of unreserved fund balance. The housing fund will lend the money to the general fund to make this investment. Staff does not know what the Zupancis property will be used for. Barwick said Richards' point is that using housing money to purchase the Zupancis property may conflict with building other housing projects. Barwick said there is no possibility of this in the near future; however, should that occur Council could ask the voters to issue debt on the parcel; 6 Regular Meeting Aspen City Council August 12, 2002 they could sell the parcel; another city fund could take over part of all of the debt. Barwick said thc possibility is something from thc civic master plan will be placed on the Zupancis property and that project will repay the housing fund. Barwick said this would be an investment for thc housing fund, like buying treasury bills. John Worcester, city attorney, said the housing fund is not buying the property. The general fund is borrowing money from the housing fund and the housing fund is using their money to make an investment to the city. Councilman McCabe agreed this is a valuable piece of property and the city should purchase it. Rachel Richards pointed out through 2 years of civic master planning, this site has not been identified for housing and housing fund is the wrong source to purchase this. Ms. Richards said there should be a rate of interest and a payback rate before this is purchased with housing money. Councilman Semrau said he would like to see some restrictions on this to insure it is short term. Councilman Semrau suggested defining an interest rate; insure that any loss in value is absorbed by the general fund and that a 2-year cap is put on this. Councilman Paulson suggested if this transaction in any way jeopardizes Burlingame that would trigger a refinancing. Councilman Semrau agreed it should be 2 years or sooner if necessary to finance a housing project. Council agreed to the conditions ora 2 year time period or sooner if the funds are needed for a housing project. Councilman McCabe moved to approve Resolutions #74, 70 and 75, Series of 2002; seconded by Councilman Hershey. All in favor, motion carded. 7 Regular Meeting Aspen City Council August 12~ 2002 HRST READING OF ORDINANCES ~ Ordinance//30, 2002 - Marqusee Rezoning ~a Ordinance/)32, 2002 - Charter Amendment :a Ordinance #33, 2002 - Code Amendment - Prohibiting Horse Drawn Carriages on Sidewalks Councilman Hershey moved to read Ordinances #30, 32 and 33, Series of 2002; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE NO. 30 (SERIES OF 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REZONING OUTLOT B, OF THE ASPEN MEADOWS SUBDIVISION TO THE R- 15 (MODERATE -DENSITY RESIDENTIAL) ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 32 (Series of 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 4.10(d) AND 4.10(F) OF THE CITY OF ASPEN HOME RULE CHARTER TO CHANGE THE PUBLICATION REQUIREMENTS FOR THE ADOPTION OF ORDINANCES BY THE CITY COUNCIL. ORDINANCE NO. 33 SERIES OF 2002 AN ORDINANCE OF THE CiTY COUNciL oF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY ADDING A SUBSECTION, PROHIBITING THE USE OF HORSES AND HORSE DRAWN CARRIAGES ON THE SIDEWALKS AND MALLS IN THE CC ZONING DISTRICT, TO SECTION 15.04.230 OF THE ASPEN MUNICIPAL CODE, ENTITLED "CERTAIN VEHICLES PROHIBITED ON SIDEWALKS, MALLS, AND STREETS." 8 Regular Meeting, Aspen City Council August 12~ 2002 ORDINANCE #24, SERIES OF 2002 - Innsbruck PUD James Lindt, community development department, told Council this project is located at 233 West Main and the proposal is to add 4 lodge rooms and 1 employee unit. The HPC granted final approval of design. This is a 15,000 square foot lot zoned O, office with an LP overlay. The lodge currently had 33 lodge rooms. The request is for 4 lodge rooms, 2 on the 2nd floor and 2 on the 1st floor to be added at the west end of the property. The employee housing unit is 530 square feet, one-bedroom, subgrade unit. This will be category 2 with the caveat that the income restrictions and lease can be waived for seasonal housing. Lindt told Council staff feel the massing, scale and architecture to be consistent with the existing building as well as the surrounding neighborhood. Lindt said there are 6 head-in spaces accessed off Main street and 12 head-in diagonal spaces off the alley. Lindt noted these spaces encroach into the public right-of-way about 5 feet. Staff proposes these 12 spaces only count as 6 spaces towards the parking requirement. This represents the manber of spaces they could fit on site in a parallel parking configuration with no encroachment into the public right of way. This would be a total of 12 parking spaces on site or .31/bedroom. However, staff proposes to leave the 12 parking spaces in their current configuration and have the applicants get an encroachment license. The parking is sufficient as the lodge is on Main street, in close proxi~rdty to the commercial core, and on the bus routes. The applicants propose to market RFTA buses, maintain a free bike fleet for guests and employees, and to give free bus passes to their employees. P&Z feels the dimensional requirements are appropriate. The applicants have mitigated for employees for the additional 4 lodge rooms. The mitigation rate is .245 employees/lodge room. The additional 4 lodge rooms would generate .9 employees and growth management requires one to mitigate by housing 60% of that number on site, which would require housing .59 employees. The one bedroom unit credits 1.75 employees. Mitch Haas, representing the applicant, told Council this has been through P&Z and HPC. Haas reminded Council the previous application for this property was two phases, including a third floor and 15 new lodge rooms. 9 ReRular Meeting Aspen City Council,, August 12, 2002 That project received a lot of neighborhood opposition and was withdrawn. Mayor Klanderud said the subgrade employee unit concerns her. Haas said the entire front of the unit is exposed, not just a window well. Councilman Semrau pointed out even though this is subgrade, the window faces south and has 3 times the UBC requirement for light so it should be livable. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Hershey moved to adopt Ordinance #24, Series of 2002, on second reading; seconded by Councilman Pau!son. Roll call vote; Councilmembers McCabe, yes; Paulson, yes; Semrau, yes; Hershey, yes; Mayor Klanderud, yes. Motion carried. Councilman McCabe moved to continue Ordinances #28 and 29 to August 26, 2002; seconded by Councilman Paulson. All in favor, motion carried. APPEAL OF ItPC DEcISI~ON - 629 West Smuggler John WOrcester, city attorney, told Council this is an appeal of the record, not for Council to hear the merits of the application. Worcester said Council should affirm the decision of the HPC unless they determine there was a denial of due process by the HPC or an abuse of discretion. Worcester noted these terms are not defined in the city's code but the courts have defined them. An abuse of discretion includes a board applied the wrong legal standard to the application or the record is completely devoid of any evidence to support the decision and the decision can only be explained as an arbitrary and capricious exercise of it's authority.. A denial of due process relates to fairness in the process itself, which could include failure of notice; HPC members not conducting themselves impartially, failure to provide the applicant an opportunity to be heard. If Council finds there was an abuse of discretion or denial of due process, Council may take whatever action they feel is appropriate to remedy the situation. This includes a reversal of the HPC decision, altering conditions of approval, or remanding the matter back to HPC. Amy Guthrie, community development department, told Council this appeal concerns final design review for 629 West Smuggler. HPC heard this application on May 8th and initially made an motion to continue the public 10 Regular Meeting Aspen City Council August 12, 2002 hearing because additional information regarding proposed materials Were asked for of the applicant. There were variances being requested. The motion to continue was withdrawn as the applicant indicated he was not willing to restudy the design issues at hand. HPC felt they could not make findings about the standards for this project and there was a motion to approve the project, which failed 0 to 4. Ms. Guthrie told council all procedural issues were met, the public noticing was provided, and the applicant and public had a chance to comment. Ms. Guthrie reminded Council conceptual approval of this project was denied by HPC, this was appealed to Council and Council awarded the conceptual approval. It was known at that time that variances were needed, these had not been noticed and the variance criteria had not been applied. The final review issues typically dealt with by HPC are selection of materials, landscape and site design, differentiating new and old construction. When HPC reviewed this project, there was little opposition to some of the requested variance and decision about the materials could have been resolved. The trouble issues are height and floor area bonuses. Ms. Guthrie pointed out HPC has the authority to grant a height variance but they must apply standards about hardship and site constraints. Ms. Guthrie stated HPC was not able to determine that the design met those criteria. HPC made some suggestions like lowering the plate height of the garage or moving some of the square footage to below grade. The FAR bonus also has stringent criteria. Ms. Guthrie said HPC was not as concerned about the FAR bonus as the height variance. Ms. Guthrie told Council HPC has always indicated support for the new garage building. Ms. Guthrie told Council HPC followed all the proper procedures. HPC had no choice in their action as they requested more information that the applicant indicated could not be provided. Staff recommends Council uphold HPC's decision. David Myler, representing the applicant, told Council they have no problem with the procedure of HPC but do feel there was a blatant abuse of discretion by the Board in denying the application for final approval and the variances with that application. Myler submitted a letter outlining these abuses of discretion. Myler said the project consists of renovation and addition to a historic structure. The new addition of 1300 square feet replaces a non- historic addition. The other part of the project is replacement and expansion ora non-historic garage that will complement the historic preservation of the residence. 11 Regular Mee,ting Aspen Cit~ Council August 12, 2002 Myler said the project submitted to HPC for final approval is identical to the project that received conceptual approval. Myler presented exhibit E and F part of the conceptual appeal. The final project continued to address distinguishing the new addition from the historic building and the replacement of the existing garage. The garage faces Sixth Street and has a 260 square foot bedroom on the second floor. Myler pointed out HPC's concerns related to design issues. They did not like the fascia detail; they did not like the request to substitute hardy plank, a material that is not natural wood, on the addition; and were not sure about the vinyl windows. Myler said HPC's concerns at conceptual and final were the same. They ignored the elements that had been approved despite the fact that the code makes this binding on the HPC. HPC used the fact that they did not like the extent to which the old and new were distinguished from each other for the primary basis for denying the application. Myler pointed out in the HPC resolution, the first reason for denial is that the submitted proposal does not satisfy the design guidelines providing proper distinction between old and new. Myler said this is not an appropriate basis for denial since that issue had already been resolved. The second reason for denial states that the hardy plank does not meet the design guidelines. Myler told Council the applicants did ask for a substitution for more durable material than natural wood; however, the record indicates that ifHPC does not like hardy plank, they will withdraw the request and use natural wood. Myler pointed out using hardy plank still shows up as a grounds for denial, even though they withdrew the request. The applicant proposed vinyl windows. HPC was concerned vinyl windows might not meet the standards for historic structures and they would like to review a sample. The applicants said they would submit a sample to staff and go with vinyl windows if approved by Ms. Guthrie. Myler said he feels the reason for denial of this application were arbitrary and capricious. Myler told Council it has always been the intent of the applicant to replace the garage in its current location. Myler showed the garage fronting Sixth street and bordering on the alley. This garage is on the comer of the property. HPC agreed it would be best not to try and move the garage on site. The applicant wants the garage doors to open on Sixth street, not the alley. Myler said the garage addition was designed to minimize the size in satisfaction of historic preservation goals at the same time preserving the Regular Meeting Aspen City Council August 12, 2002 owner's opportunity to develop the floor area allowed on site. Myler told Council the garage became the focal point of compromise. The plan for the garage was intertwined With the renovation of the historic structure. Myler said it was understood at conceptual that this was an integral part of the overall project. Myler noted a waiver of the requirement that discourages garages from opening on the street was needed. Rear and sideyard setbacks were needed to reconstruct the garage in its location. A floor area bonus was needed in order to have the doors open on Sixth street. If the garage opened on the alley, its face does not count in the FAR calculation. A height variance was needed for the second story bedroom over the garage. Myler said HPC felt it was acceptable to waive the requirement for having the garage open on the street. HPC conditioned this upon redesigning the garage doors, and the applicant agreed with that. HPC agreed to grant the side and rear yard setbacks in order to accommodate the garage. HPC found that the applicant satisfied all standards for variance regarding setbacks. The FAR bonus was not acceptable. The HPC approved the waiver for the garage doors but denied the FAR bonus which was only required because of this waiver. HPC's reason for denial was that they had concerns regarding the material palette. Myler said he does not feel this was valid grounds for denial. Myler stated the apPlicant is willing to reorient the garage and have the doors open on the alley. Myler told Council the garage is an accessory structure and as such needs to be 12 feet high at the midpoint of the plate height and the ridge line. Myler said 15'6" is needed to accommodate the bedroom above the garage and they are asking for a 3'6" height variance. Myler showed Council what was approved at conceptual. HPC denied this variance request and stated the proposal does not merit a height variance because it does not satisfy the requirement of 26.3 (4.040(a). The resolution does not explain why this application does not meet the criteria. A decision without reasons to support it is arbitrary. Myler acknowledged there are options regarding the extra bedrooms. It can be located in the basement or the height of the garage can be lowered; however without losing the pitch it will make a short room. Myler pointed out the variance language talks about the existence of practical difficulties that would preclude an owner from enjoying rights common to others. 13 Regular Meeting Aspen City Council August 12, 2002 Myler said the practical difficulties are to keep the size to a minimum and the right to build an above grade living area. This 'variance would not give any benefit to this property that other properties do not have. Myler said HPC may have granted the height variance if they could have come to agreement on the fascia and windoWs. The applicants said they did not want to discuss this anymore, the issues had been resolved and it is time to make a decision. Myler said HPC was having a hard time being objective. The record provides no supporting explanation of the denials. Ms. Guthrie said conceptual approval does not equal final approval. There are a number of issues HPC deals with at final, like materials, details how the new construction is differentiated from the historic structure. Council did not approve these items at conceptual; they approved the mass and bulk of the addition. HPC again felt there was not enough distinction between the old and new. Myler pointed out a great level of detail was presented at conceptual and they feel the applicants should be able t° rely on this. Steven St. Clair, applicant, said when he received conceptual approval, he thought this process was over. MS. Guthrie told CoUncil the new HP ordinance requires the chair of HPC to be present at any appeals. Rally Dupps, member, is present representing the HPC. Dupps reiterated that the HPC guidelines request that the garage be separate and detached from the main building, which is a traditional arrangement for historic properties. Ms. Guthrie stated the largest issue with HPC is the height variance and there are very strict standards to grant these variances. Ms. Guthrie said HPC could not resPond to the criteria for the height variance with the design as presented. HPC did not feel it merited a variance. Com~cilman McCabe moved to reverse HPC's decision on 629 West Smuggler; seconded by Councilman Hershey. Councilman McCabe said he felt the height, massing, the new construction were looked at when Council heard this on appeal at conceptual. Councilman McCabe said he feels that telling an applicant to dig a hole for a living space is capricious. Councilman Hershey agreed there is baggage with this project before the HPC. Councilman Hershey said he feels the 14¸ Regular Meeting Aspen City Council August 12, 2002 applicant has tried to accommodate the goals of the community and to preserve a historic structure. Councilman Semrau said the only reason to overturn HPC is an abuse of discretion since there is no question about due process. Councilman Semrau said he does not feel HPC abused their discretion. Mayor Klanderud agreed the HPC did not abuse their discretion. Mayor Klanderud said conceptual and final are two different steps and there were details to be worked out from conceptual. Mayor Klanderud said Council should support volunteer boards unless they do not follow the regulations. Mayor Klanderud said she does not like to see a shortchanging of the process by an applicant pulling out and coming directly to Council. Mayor Klanderud said an HPC member made a motion to continue the meeting and the applicant refused that. Mayor Klandemd stated she was uphold the decision of the HPCi Councilman Paulson said he is disappointed this could not be worked out with HPC. Councilman Paulson said he would prefer to see this project to move forward. Councilman Semrau asked where there were abuses of discretion. Councilman Paulson said he does not feel the applicant was clear on what HPC expected; the applicant returned and was still rejected. Councilman Semrau said HPC sent a message and the applicant did not receive lt. ¢0~iiman Semrau said he does not see what specifically was an abuse of discretion. Councilman Hershey said the applicants have returned and returned to the HPC and still got turned down. That is where the abuse is. Councilman McCabe said this was not an overt abuse of discretion but more a disagreement. Councilman McCabe said the applicant worked very hard to get to the end of the process. Councilman Paulson agreed it was an abuse to having applicants go back and back. Councilman Semrau said Council has asked HPC to hold everyone to strict guidelines to get the project right. Ms. Guthrie told Council the reason HPC cited hardy plank and vinyl windows in their motion is they were saying here are areas :studies can be made and the applicants did not want that. HPC made a motion on the project presented to them, which included the hardy plank and vinyl windows. Myler said each HPC member had something different they wanted the applicant to address. Myler said the abuse of discretion is based on what is not in the record. There is no legitimate reason for the action HPC took. 15 Regular Meeting Aspen City Council August 12~ 2002 Roll call vote; Councilmembers Paulson, yes; Semrau, no; McCabe, yes; Hershey, yes; Mayor Klanderud, nol Motion Carried. RESOLUTION #76, SERiES OF 2002 - Mandatory Adoption of Local Government Master Plan Katie Ertmer, community development department intern, told Council the state legislature recently passed HB 01 S2-1006 requiring cities to adopt master plans for the development of their communities. This bill specifically requires any municipality within Pitkin County to adopt a master plan which "shall contain a recreational and tourism uses element". Ms. Ertmer said Resolution #12, 2000, adoPts the Aspen Area Community Plan, which specifically addresses recreation and tourisml Ms: Ertmer recommended Council finds the AACP meets the requirements of HB 01 S2~ 1006. Councilman Paulson moved to adopt Resolution #76, Series of 2002; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #71, SERiES OF 2002 - Ballot Question ~2 Charter Amendment Legal Publications John Worcester, city attorney, pointed out this places on the November ballot a Charter amendment not to require an ordinance be published in full after first reading. The title and a small summary will be published. Councilman Hershey moved to adopt Resolution #71, Ser/es of 2002; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #72, SERIES OF 2002 - Election Question - Sale of City Property to Facilitate Obermeyer Project John Worcester, city attorney, told Council this question asks the voters for permission to sell, exchange or otherwise dispose of 4 small outlots, total .32 acres, in order to facilitate the Obermeyer redevelopment. This sale is contingent upon Council approving the Obermeyer project by 2005. Worcester pointed out this election question is not approval of the Obermeyer. Councilman Semrau said he understood the new Obermeyer project may not use city property and may not require a vote. Councilman 16 Regular MeetinR Aspen City Council August 12~ 2002 McCabe told Council Obermeyer's intention is to redesign a project that will not require a vote. Worcester suggested this election question be postponed for 2 weeks te see the Obermeyer's proposal. Dick Volk, Oklahoma Flats resident, said his concern with the original Obermeyer proposal is that by moving the buildings north across Rio Grande and closer to the trail and the increase in height to 51 feet, which is a 50% increase, seems unconscionable. Volk said the John Denver sanctuary and the Rio Grande trail will be in shadow from this building. Volk said the east portion of the Obermeyer project will be less than 100 feet from the river. Volk said Council needs to understand the impact of a building of this size. Volk told Council the COWOP needs guidelines and that some things in Aspen should be inviolate, like protection of the views. Mayor Klanderud said this input is most valuable at the COWOP level. The city ~s a co-applicant in this project and Council has given direction to the COWOP to modify the project. Councilman McCabe said citizen and Council input were reasons for the Obermeyers to relook at the project. Councilman McCabe said it is too preliminary to know what the redesigned building will look like. There is no intent to use any public property; there will probably be some plans to upgrade the streets and clean up the rights-of- way. Council agreed to postpone this until after the Obermeyer COWOP meeting. Toni Kronberg said Council as co-applicants needs to make this project work. The city directed Obermeyer to put in more housing, which increases the costs. Ms. Kronberg urged Council to keep within the zone district. Mayor Klanderud said Council is not discussing the merits of the Obermeyer project. Mayor Klanderud said this ballot question is continued. Ms. Kronberg asked what kind of financial dollars the city is willing to contribute to this project. Mayor Klanderud said those topics are not part of this ballot question. RESOLUTION #73, SERIES OF 2002 - Ballot Question Trolleys John Worcester, city attorney, reminded Council they directed staffto work with the Aspen Street RailwaY company to come up with specific ballot language regarding the trolleys, which is contained in this resolution. Worcester pointed out there is also a Memorandum of Understanding 17 Regular Meetin~ Aspen City Council August 12, 2002 between the city and Aspen Street Railway to clarify things outside the ballot question. Worcester said this is done so that the ballot question is not longer than necessary. Jon Busch, Aspen Street Railway Company, said the MOU protects the city. Councilman Hershey said he would like the voters to understand what the costs of the current Galena Street shuttle are and that this trolley will not be more than that cost. Ed Sadler, assistant city manager, said the costs for the Galena Street shuttle are $226,000. Councilman Hershey said the trolley may replace only a portion of the Galena Street shuttle and the voters should know what the costs are for the same service. Kip Wheeler said the engineering study will estimate firm operating costs. Councilman McCabe said he is concerned that this is replacing one system with another and the service is nOt being completely replicated. There will not be trolley service up to Hunter Creek. Wheeler said the trolley is not to replace shuttle service but it is an economic incentive for people to come to Aspen and ride the trolleys. Wheeler said the want to create more opportunities, not more costs. Councilman McCabe said it appears that one transportation ~ystem will be replaced with two at a higher cost. Sadler suggested the feasibility study include whether the trolley can replicate the existing Galena Street shuttle roUte. CoUncilman McCabe suggested that not providing the link to Hunter Creek would be environmentally insensitive. Councilman Paulson asked if the ballot language should include something about a phasing plan. Councilman McCabe said he would like the ballot question to state that it is the city's ultimate intent to phase the trolley route. Bill Dinsmoor, Aspen Railway Company, said the goal is to expand the trolley transit solution in the future, maybe to make a loop of the lodges, maybe to Hunter Creek. Dinsmoor said this phase °fthe trolley program is to be a demonstration of its effectiveness and its contribution to the business community and that it can be operated. Dinsmoor said the trolleys are not meant to solve all the transportation problems. Councilman Semrau noted that implicit in this ballot language is expansion, if the trolley is successful. Steve Barwick, city manager, said staff can include in the MOU where that the city is satisfied that the operational costs of the proposed trolley system are equal to or less than the total costs of operating that portion of the current Galena Street Shuttle that it rePlaces and any additional costs for the remainder of the current system above its current configuration". Mayor 18 Regular Meeting Aspen City Council August 12, 2002 Klanderud pointed out the Galena Street shuttle only runs 6 or 7 months a year right now. Councilman Semrau said he does not see a problem as is. The city has no risk and no loss on the Galena Shuttle. The question is guaranteeing its existing service. Councilman Semrau said he would like the ballot question or the MOU to state there will be no tOw behind diesel generator. Worcester said he will amend the MOU to include "no pull behind of any type". Councilman Hershey said he is concerned about what future project the trolley may affect. Chris Bendon, community development department, said he is proceeding with the civic master plan to preserve the trolley corridor. After November, the community will know whether there will be a trolley or not. Councilman Hershey moved to suspend the rules and extend the meeting to 9:20 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Councilman Semrau said the Railway Company has done everything asked of them by the City. The Council needs to decide whether or not to put this on the ballot. Councilman Semrau said this is a well thought out ballot ~question with the MOU giving the city protection. Councilman Semrau moved to adopt Resolution #73, Series of 2002; seconded by COuncilman Paulson. All in favor, with the exception of Councilman McCabe. Motion carried. Councilman Hershey moved to adjourn at 9: I 1 p.m.; seconded by Councilman Pauls6n~ All in faVOr, motion carriedl 19