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HomeMy WebLinkAboutminutes.council.19861027Regular Meeting - Aspen City Council October 27, 1986 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmember Collins, Fallin, Isaac, and Walls present. CITIZEN COMMENTS There were none. ~OUNCILMEMBER COMMENTS 1. Mayor Stirling reminded Council there will be a capital improvement program work session Monday, November 3, at 5:00 pm. 2. Council scheduled the recreation center presentation for November 19th at 6:30 following a joint meeting with the County Commissioners at 5:00 p.m. Council asked that the school board and other interested groups be invited to the recreation center presentation. 3. Tom Baker, planning, office, requested a study session on the trolleys, shuttle and downtown plan as soon as possible. Council scheduled a work session for Monday, December 1 at 5:00 p.m. 4. Mayor Stirling requested Council move the transfer of liquor -- license, Fireside Lodge to Pepi's, from the consent agenda to the first item. Council said they had no questions and approved the transfer. CONCEPTUAL SPA - Roaring Fork Railroad Mayor Stirling opened the continued public hearing. Mayor Stirling said he feels this is a proposed amenity f or the community that is very hard to quantify in economic and planning terms. Mayor Stirling said he feels this proposal would give Aspen another unique system and an edge in the distinctive quality Aspen has. There are some critical details that have to be worked out. Mayor Stirling said he is enthusiastic about bringing the train all the way into the town of Aspen. Mayor Stirling said on condition addresses the liabilities the citizens would incur if the railroad is implemented and fails in some way; what are the obligations of the community and how can they be mitigated against. Mayor Stirling said condition #5 from P & Z, should be change to state, the applicant shall relocate the Rio Grande trail, rather than to work with the city staff. Mark Freidberg presented a petition signed by over 700 people stating a strong objection to railroad tracks on the Rio Grande right-of-way. The petitions reads, "We, the undersigned residents and visitors are totally opposed to the introduction of rail tracks on the Rio Grande trail and feel it will destroy one 1 Regular Meeting Aspen C~itv__C~u~c~ October 27. 1986 of the most important natural resources in Aspen" . Freidberg said the collection of these signatures was to see how strongly people felt about this issue. Freidberg read a letter from Michael Kinsley stating when Denver & Rio Grande gave the right- of-way to the county, it was preserved by the Commissioners as a rail alignment in case anyone wanted to re-establish rail service. Freidberg introduced the deeds conveying the right-of- way in 1969, clearly stating the right of way is to be used f or open space purposes and further specifies it is to be used for pedestrian, equestrian and cycling purposes. Freidberg told Council the deed does not state this right-of-way will be reserved f or any rail uses; the deed does state if the county does not use this for open space purposes, Denver Ri Grande has the right to take this back. Freidberg told Council in 1976 there was a subsequent deed executed by the president of the Denver Rio Grande eliminating that restrictive language. Freidberg stated this train will have 3 diesels engines with 18 cars at maximum capacity. This will generate a noise level in excess of the current permitted levels in residential areas. Freidberg commissioned a study showing this train noise level of 59 dbas represents a noise level about 8 times greater than the 50 dba permitted at night time. This study was done with computer projections. Another major issue is air pollution, caused not only by the train engines coming into town but also by the idling vehicles necessary to convey the passengers arriving on the train. Friedberg pointed out a study done in 1979 states the Rio Grande is a very poor place for the dispersal of pollutants. This study was the EIR done for the regional transportation plan. Freidberg said people will have to be transferred throughout town and to Snowmass from this distribution point. There will be an incremental value of decreasing traffic on highway 82 because of the station's location in the downtown area. It is estimated a very small number of cars will be taken off the road by this railroad. Freidberg said he does not feel the train will solve pollution problem s but will add to them. Freidberg said this proposal will cause major traffic disruptions in an area where there are already problems, a shopping center and post office, which generate the highest vehicular traffic flow in the town. There are major traffic problems in this area at all times of the day already. The train station will be compounding a problem of getting people to Snowmass, which has the capacity to double their bed base. Freidberg said another problem is late arrivals of this train. Freidberg told Council he has been told if there are any problems on the track between Denver and Glenwood, this train would be put on a siding until the problems are solved. This could mean 2 Re4ular Meeting Aspen Citv Council October 27. 1 trains pulling in at all hours of the night. Freidberg said another problem is that not enough people may fly into Denver to make a noon train departure. Freidberg said the proposal is discussing bring baggage in by truck, which logistically does not make any sense. Freidberg pointed out the reason the city acquired the Shapery property was for open space because of the sensitivity of A.C.E. S next door and because it would make a grand entrance for the Rio Grande trail. This was also purchased to prevent development. The city spent $650,000 to acquire the Shapery property for open space. The Shapery property was not right-of-way and was a private developer's piece of property. Freidberg said the sewer running beneath the Rio Grande right-of- way is the city's major trunk line. Freidberg pointed out in 1969 when the Sanitation District asked Rio Grande if they could locate the sewer, they were told they wold have to locate the sewer trunk line 25 feet from the right-of-way. In the recommended letter from the engineers, they stated they want a minimum of 12 feet from the center line of the railroad tracks. Freidberg said the community cannot be jeopardized by having a major problem with the sewer system. Freidberg told Council if they allow the sewer to be relocated 12 feet off the center line of the railroad tracks, there will be much more substantial damage environmentally than has been imagined. Freidberg this the sewer relocation is a major area of concern and one he feels cannot be mitigated. Freidberg said relocating the trail is another major problem. Freidberg pointed out where the stakes are for relocation of the trail, some is on private property, some in flood plain, some 5 feet from the rail right-of-way. Freidberg said one of the virtues of the Rio Grande easement is that it is flat. The new proposed trail means there will be many multiple grades and will be in excess of the 4.5 percent grade recommended for bicycle purposes. Freidberg told Council there is a minimum of 8 feet of paving required for safety, and a minimum of 12 feet that will have to be cut through the trees to make this trail happen. This will mean the decimation of hundreds of trees. There will have to be retaining walls built to support the trail. People using the trails will have to compete with the sound and size of the train passing by. Freidberg stated the county's open space resources are vital and cannot be duplicated. The visual pollution is an issue; being up on the mountains surrounding town and looking down on a railroad yard does not add to the luster of the community. There will be 4 tracks and over 60,000 square feet devoted to the railroad use. Freidberg said there will be fire hazards caused by the diesel 3 Regular Meeting _ _~pen Citv Council October 27. 198 engines. There will have to be major clearance on the side of the tracks to insure no major fires. Freidberg pointed out the land use code talkd specifically about what cannot be done in trail areas, some of which are loud noises, defacing, cutting blazing or carving trees or vegetation. Freidberg said the railroad applicants claim they will bring 140 , 000 people to town. The airlines bring that many people to town currently. The railroad applicants say they will not take business away from airlines. Freidberg asked if town gets all the railroad and airline traffic claimed, where will these people sleep. Freidberg said he feels it is questionable how the applicants justify their economics. Freidberg said the only way Council can currently give a GMP exemption is to have a non- prof it entity and not generate growth in and of itself. Freidberg said bringing all these passengers to town is a growth generator. Not requiring this proposal to go through GMP does not make any sense. This proposal is f or profit , and it i s a growth generator. Freidberg said the commuter aspect of the proposal does not make any sense. The regional transportation studies all indicate the logical place for a regional transportation center is at the airport, which is mid-point between Snowmass and Aspen. There is no mention in these studies of bringing the train all the way into town. Freidberg said he f eels there are many factors that cannot be mitigated. Freidberg requested Council not approve this conceptual submission. Freidberg asked the Council to have the applicants give another option of studying the airport and Woody Creek for a railroa d center. Freidberg said technically this station can be taken to the airport. Freidberg showed a plat map of Pitkin Reserve with the old right-of-way going through 6 lots of Pitkin Reserve. The right-of-way exchange will allow the tracks to go through groves of trees and will require 2,000 trucks of dirt to fill that hole for the tracks and will disfigure this are immeasurably. Phoebe Ryerson said the railroad may be one of the sole historic solutions to the entrance/exit to town and winter closure of Independence Pass. Kathy Smith asked if Council were concerned with the entire Rio Grande trail or just that part in the city. Ms. Smith asked if the town or the railroad company has any plans to aid homeowners along the river near the trail. Ms. Smith asked if the city intends to put a limit on the number of rail buses or would consider putting in the agreement that the tracks would be clear of vehicles during certain hours. Ms. Smith pointed out that Amtrack gets a 686 million dollar subsidy from the federal government; there has been a demise in train travel. Eve Homeyer noted a few years ago there was a proposal for a 4 Regular Meeting Aspen City Counc ~~ October 27. 198 performing arts theatre to be built on the Rio Grande with private funds. There was concern then that a theatre would cause great congestion on an already congested area. Ms. Homeyer said the Rio Grande is one of the last big open space areas and many organizations have asked for use of some of the Rio Grande. The Rio Grande is needed for parking. If the train comes in there will be no theatre and no room for a library. Bill Lipsey, representing the board of the Aspen Art Museum, expressed some concerns they would like the city to look at. The Art Museum is a nationally recognized organization. The Art Museum would like Council to include something in the resolution to cause staff to address the impacts on the museum's location. Lipsey said the museum would like to be included in the study and research. Jon Busch told Council Portland, Oregon, has just installed a light rail system which runs on the city streets. Busch told Council Portland went through all the environmental concerns. Busch said the system has turned out to be a phenomenal success. Busch said the emphasis in this proposal is the train from Denver, which is of secondary importance. Portland's light rail system cost 244 million dollars. Busch said Aspen has a chance to implement and have a down valley commuter service of 40 miles for almost no cost. Busch suggested Council strengthen the conditions to encourage or require down valley commuter service. Jackie Means said the congestion on Mill street resulting f rom this train will be too much. The needs of the Snowmass visitor will be better met be ending the train at the airport. Jim Martin said there is an opportunity to give the train a trial test to stop the train at the airport business center to see its viability. Bil Dunaway said the vote next week does not commit to anything. Dunaway said with all the conditions the city has placed on this, it deserves a chance to be further studied. Edie Dunn said the sky over Aspen is getting more crowded, the highways are getting more crowded. This is a good chance to have alternative transportation into Aspen. Marvin Jordan said after listening to the concerns and reading the conditions, he is convinced the electorate does not have a basis to make a decision. Jordan suggested this proposal be studied further and have the vote after the concerns and questions have been addressed. Peggy Rowland asked if the city is giving the Rio Grande right- of-way to the railroad and if the city is getting a return on the $650,000 for the Shapery property, which the taxpayers paid for. David White said he has been a proponent of the railroad and on P & Z has fought to keep the right-of-way there through the Pitkin Reserve and Shapery property. White said he feels t his issue is being rushed to the voters without all the facts. White asked where RFTA is in this process; they are important and 5 Regular Meetn4 Aspen Citv Council Qctober 27t 198 should be involved. White said relocating the sewer is a mayor expense and will take two years to move. Robert Means said this proposal will be more than 2 trains a day if the commuter train is included. This will increase the congestion and activity on the Rio Grande property. Mari Peyton said if a train is not approved to come into Aspen, there will not be a train at all and no down valley commute r service. Roger Hunt pointed out the Rio Grande was purchased with 7th penny, transportation, monies. Hunt said the Shapery property was supposed to be light recreational, rather than light industrial. Hunt said he favored the city purchasing the Shapery property in order to retain this as an alternate transportation corridor. Hunt told Council one of the conditions in the Pitkin Reserve subdivision of moving the right-of-way was that it would have to be acceptable for rail purposes. Hunt said these deeds indicate this is a rail right-of-way that may be activated some day. Lee Pardee reminded Council of all the applicants who have threatened P & Z and Council with leaving town if they could not have what they originally proposed. Pardee said Council has never set a reasonable condition and had the applicants leave. Tom Wells said all the negative issues and strong impacts on town are the last mile of the track into town. Wells said this is a very important transportation issue and it may be premature to have it depending on all these negative issues. Mayor Stirling said the decision to purchase the Shapery property was to prevent it from being developed in a narrow interest. Mayor Stirling said the city left open options for the Shapery property f or the community's best interest. Council now ha s a proposal for this property. Freidberg said when Council allocates open space funds for the acquisition of property, it is a statement property is being purchased for open space. Busch encouraged Council not to cancel the special election; this is a very important issue to the community. Councilman Isaac said he would like to add to the conditions in the P & Z resolution. Councilman Isaac said he would 1 ike more definitive wording on what would be the costs to the city if the railroad f alls on bad times; how much the city will have to put into the commuter service. Councilman Isaac said he would like to know if the development is half completed, what would the appropriate level for a performance bond. Councilman Isaac said he would like a condition showing the applicants have the right to use the tracks f rom Aspen all the way to Stapleton as well as evidence the applicants are discussing with the airport planning board in Denver about the new airport. Councilman Isaac said he would like staff to establish what the right-of-way through 6 Regular .Meeting Aspen Citv Council October 27. 198 Pitkin Reserve is and what the impacts will be on the residents. Councilman Isaac said he would like to see the secondary impacts of this proposal as a growth generator, like employees needed, additional taxes, interim transportation. Councilman Collins said he f elt the major transportation center for this valley should be at the airport where all the modes for transportation come together in a hub. Councilman Collins said this is not an option in this proposal, nor is the TDP recommending it. Councilman Coll ins said he f eel s thi s i s a mistake. Councilman Collins said it is poor planning to bring people into town and turn around and go out again; this will aggravate an already congested situation. Councilman Collins said the center of activity belongs at the airport, not in the city. Councilwoman Fallin agreed Denver is motivated to move out of Stapleton to another airport. Councilwoman Fallin said she would like to know the plans to connect this railroad to a new airport. Councilwoman Fallin said she would like to add to the resolution impacts on the Art Museum on be addressed. Councilwoman Fallin said she would also like to recommend some type of payment f or the use of Rio Grande and the Shapery property. Councilwoman Fallin said she is not in f avor of exempting this from the GMP because this does represent a growth and economic impact. The GMP may not be the correct tool but this is a commercial use. Mayor Stirling said he would like the conditions to refer specifically to Hallam lake and the effects on the wildl if e. riayor Stirling said the vote next week is an advisory vote to Council. ORDINANCE #45, SERIES OF 1986 - Maroon Creek Hydropower Project City Attorney Taddune told Council the changes requested by the homeowners are legally objectionable to the city. John Musick has drafte d a raw water carriage agreement, which may be more amenable to the homeowners than the water extension agreement. Mayor Stirling pointed out the city is requesting this agreement from the homeowners because of the city's proposed hydropower project on Maroon Creek. John Musick, water counsel, noted the original agreement Council considered fits into the standard city policy and is an extension for water utility service. Musick said the homeowners do not favor this approach. Musick told Council there is a precedent f or a raw water carriage agreement, which he has drafted for consideration. Musick told Council the homeowners are asking for some type of protection in the event the hydropower project causes problems for them. The protection they would like is interconnection of their system with the raw water system of the city. 7 Regular Meeting Aspen City Council October 27. 1986 Musick said staff finds to no problems with interconnection with the raw water system. The next issue is how to achieve that, whether to make the homeowners part of the city's system or t o carry their raw water. Musick told Council the interconnection allowing them to carry their raw water in the city pipelines is workable and the simplest agreement. The city carries the homeowners' water at no charge through an interconnect the city builds at the city's cost. Gideon Kaufman, representing the homeowners, told Council they feel the raw water carriage agreement is a better approach. This standard extension agreement does not apply to this situation. Kaufman told Council he would like more time to go over the agreement with his clients. Councilman Isaac moved to table Ordinance #45, Series of 1986, until November 10, 1986; seconded by Councilwoman Fallin. All in f avor, motion carried. ORDINANCE #51, SERIES OF 1986 - Red Roof Inns Promissory Note City Manager Bob Anderson told Council the staff has been contacted by Red Roof and informed they would not be making their November payment to the city and was exploring if the city would take a deed in lieu of foreclosure. Anderson said staff was told Red Roof has been attempting to sell this property and has had little success. The Red Roof had one buyer and were negotiating with the city and Dick Butera. Council indicated interest in continuing negotiations. One of the parameters established by the voters was that the city could only sell the property for $2, 500,000. The city has received $500 ,000 f rom Red Roof and needs to realize $2,000,000 in some f orm. Anderson told Council in the deal with Red Roof, the city lacked any guarantees beyond the collateral of the land itself. Anderson told Council in his negotiations, he has tried to strengthen the collateral. Anderson said in the note with Red Roof the short term of 5 years and the 10 percent interest rate is not attractive to buyers. Anderson pointed out the interest charged should be in line with what the city could make in investments. Anderson recommended a arrangement that would bring in no less than $2,000,000 cash no matter what the situation. The payment schedule equalled a 6 percent interest rate on the $2,000,000 spread over 5 years and graduated. Anderson reminded Council the negotiation included a credit for immediate improvements to the property. Anderson noted the city insisted on a personal guarantee in addition to increased collateral to limit the city's risk. Anderson told Council a plus in this agreement was to allow a transfer of ownership and an going operation this winter. A weakness in the agreement is dealing with a 3rd party, rather 8 Regular Meeting Aspen Citv___Council October 27. 198 than having the city take back the property. Anderson told Council a present value analysis on the deal, with a 6 percent interest avoided assumption, the equivalent cash value is about $1,700,000. Anderson told Council last week Butera backed out of this deal; however, Joshua Saslove has indicated interest in negotiating with the city. City Attorney Taddune told Council they may keep this ordinance in the works hoping that a transaction can be completed. Taddune has made Ordinance #51 generic rather than specific to Dick Butera's offer. Mayor Stirling asked if the city cold proceed with foreclosure and still entertain third party offers through Red Roof. Taddune said Red Roof is interested in conveying the property back to the city in lieu of f oreclosure. Taddune told Council a nuance of that deal is repairing the roof in exchange for the city deferring foreclosure proceedings. Joshua Saslove told Council he had met with Red Roof representatives indicating an interest to buy the property. Saslove said he does not feel this property cannot be operated economically as a lodge. Saslove told Council he had discussed with the Elk's taking over this facility as the Elk's lodge. Gideon Kaufman told Council the advantages of this proposal are a large sum of money to the city of 5500,000 and the present lodge does not work economically. Kaufman said this proposal is unique and may eliminate the city having to go through this arrangement every few years. Councilman Isaac asked if the election question stipulated that the rooms had to be retained as tourist use. Taddune read from the election question stating the rooms would be "general use, short-term tourist accommodations". Taddune said he interpreted that to mean as long as the people using the rooms are tourists, whether it is open to the public or not. Saslove told Council a lot of money has been put into the lodge by previous tenants. Saslove said an advantage of this agreement is that the personal property on the premises would remain in place and would not be in jeopardy by any encumbrance and makes the city's position more attractive. Councilman Isaac said he would like to continue and see how this offer fits in the guidelines. Anderson reiterated whoever has the property, the roof will have to he repaired before this winter. Councilman Coll ins said if the city has lost the opportunity to get the lodge open this winter, the Council should go back to competitive response s to max im iz a the benefits to the city. Taddune said Council can amend and re-notice this ordinance, which would give Council more time to consider all proposals. Councilwoman Walls moved to amend Ordinance #51, Series of 1986, to make it generic to a buyer acceptable to the Council and to continue the Council meeting to November 3; seconded by 9 Regular Meetinct Aspen City Council October 27. 1986 Councilman Isaac. Mayor Stirling said he would like staff to research the deed in lieu of foreclosure simultaneously. All in favor, with the exception of Mayor Stirling. Motion carried. 1987 BUDGET Mayor Stirling proposed Council take 510,000 from the contingency fund and make a contribution to the M.A.A, solely f or housing; on-going solutions as well as 1987 summer housing. Mayor Stirling said it is important to take this from the general fund as it is different from an arts grant. Mayor Stirling pointed out the recent Aspen seminar articulated summer interim housing as the highest priority in housing. This will reduce the contingency f and to 555,000. Mayor Stirling moved to reduced the 1987 contingency fund to 555,000 and make a direct grant to the M.A.A. of 510,000. All in f avor , with the exception of Councilmembers Walls and Coll ins. notion carried. Mayor Stirling said Council settled at 598,250 plus in-kind f or arts groups contributions out of the available 5100 , 000 in the real estate transfer fund. Councilwoman Walls said she was surprised that Council changed the distribution of the 3 percent cabl a community fund f rom even f unding between public radio and Grassroots to giving the majority of it to Grassroots. Councilwoman Wall s sa i d she woul d prefer to split this money 50/50. Mayor Stirling said Council had discussed why they were unhappy with the performance of public radio when they did the allocation. Councilwoman Wall s moved to change the 3 percent contribution from cable and give it 50/50 public television and public radio; seconded by Councilman Isaac. Councilman Isaac said public radio is trying to make a solid effort and does have a list of contributors. Councilman Isaac said he would like to see the city encourage public radio. Councilwoman Walls agreed public radio has made great strides and should be encouraged. Cindy Shafer, finance director, told Council the total budgeted f or this contribution is 528,000 and Council allocated 58,000 to public radio. Councilwoman Walls said this would donate 514,000 to each entity. Mayor Stirling said there should be accountability based on actual performance. Councilwoman Fallin said this is a one year donation, and if public radio does not perform, Council will review that next budget year. All in favor, with the exception of Mayor Stirling. Motion carried. 10 Regular Meeting Ashen City Council October 27. 1986 Councilman Isaac said he would rather see the M.A.A. housing handled by the housing office or come out of the cash-in-lieu rather than be an assumed grant of Council every y ear . Mayor Stirling pointed out Council has approved supplemental requests of $28,150 for 1987. Ms. Shafer told Council the water f and budget will have to be redone if not water rate increases are approved. Mayor Stirling opened the continued public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Isaac moved to approve Resolution #35, Series of 1986; seconded by Councilwoman Fallin. All in favor, with the exception of Councilmembers Collins and Walls. Motion carried. Councilman Isaac moved to approve Resolution #36, Seris of 1986, setting the 1987 mill levy; seconded by Councilwoman Walls. All in favor, motion carried. 1986 GMP ALLOCATIONS Council discussed Councilwoman Fallin's conflict of interest and whether she could discuss the topic in general. Council suggested the allocations be done in separate resolutions rather than in one resolution. Councilwoman Fallin said there is no cor.~flict with the competitions in zones other than CC and C-1. Steve Burstein, planning office, told Council there are six projects in the 1986 GMP competition; Little Nell, CL and other, We~;son and 700 East Hyman, Office zone; and Pitkin Center, Hunter Plaza and Nature Storehouse building in CC. burstein said all projects, except 700 East Hyman, met the threshold at P & Z. Four of the projects require further reviews by Council. In the office competition, 700 East Hyman submitted an appeal to GMF' scoring, and staff thought the appeal had been resolved and would be dropped on the contingency of a carry over of the quota in the office zone district. Burstein told Council there is some misunderstanding regarding the development rights on this property. The applicant is requesting this application be tabled until they can research these issues. Mayor Stirling said thE~ applicant' s letter of October 20 states the withdrawal of thE~ir dispute is conditioned upon the Council awarding a multi- year allocation in the office zone. Mayor Stirling said this sounds like a threat. Burstein suggested Council table the of:Eice allocation as well as consideration of multi-year allocation. Sunny Vann, representing 700 East Hyman, told Council there were problems surrounding the competition and the planning office' s 11 Regular Meeting Aspen Citv Council October 27. 198 interpretation, which the applicant felt adversely effected their application. They f it ed an appeal following the competition. The planning office stated there were, in fact, some problems and as a trade off for dismissing the appeal, staff would recommend the unallocated portion of this year's office quota be carried over, rather than award a multi-year allocation. Vann said the applicant was adversely effected by some recommendations of the planning office. Vann told Council he and staff also discussed the future development potential of the property, and certain representations were made to the applicant by the planning director regarding that development potential. Vann told Council staff recommended the allocation be carried over, and the applicant agreed that was a fair way to deal with the problem and would withdraw the appeal. Vann told Council he was contacted today by staff saying they had made a mistake in the representations about the future development potential of the property and would be willing to table this application. Vann said they would like a chance to understand the implications f or their appeal. Councilman Isaac said he would 1 ike to split the resolution into the separate zone competitions. Gideon Kaufman, representing the Wesson building, told Council they would be willing to wait two weeks, but any longer than that would put them at a disadvantage. Burstein said the Code requires the GMP applications to be heard in October. Perry Harvey, representing Nature's Storehouse, told Council they have excavated, are ready to pour concrete and cannot wait two weeks. Mayor Stirling moved to table the office applications and the issues surrounding the 700 East Hyman project to November 10; seconded by Councilwoman Fallin. All in favor, motion carried. (Councilwoman Fallin left the room due to a conflict of interest). Pitkin Center Employee Housing Parking end GMP Exemption Burstein said this project is located in the 500 block of east Hyman. Burstein told Council there are six residential units in this project; two free market reconstructed units and four low and moderate income studio units. Burstein said there will be two parking spaces provided for the free market units and no parking spaces for the employee units. P & Z agreed with this recommendation. Staff feels there should be some parking provided for the employee units as there is very little on street parking in this area. Burstein recommended two parking space s for the employee units. Councilman Collins moved to require two parking spaces for the 4 employee units; seconded by Councilman Isaac. 12 Regular Meetin4 Aspen CitX Council October 27, 1986 Kim Wyle, project architect, noted P & Z did not require parking spaces for the 4 employee units. Wyle pointed out the alley should be used for service, and adding parking would create congestion for service vehicles. Wyle said the property is only 60 feet wide and it would be difficult to provide parking for 4 cars. In this area are trash and utilities as well as exiting from the building. Wyle said requiring parking for employee units could serve as a disincentive for providing on-site employee units. Wyle said with on-site employee housing, they hope to attract and provide housing f or people who chose not to own cars. Wyle told Council of the 20 residential units in the CC zone, Council has not required parking. If Council feels this parking is warranted, it should be part of a comprehensive downtown parking plan. Wyle pointed out this is the only project in the competition to provide on-site employee housing. Jim Martin explained they based their plan on precedents set by previous applications, and the planning office recommendation to provide additional parking came out after they had submitted their GMP application. Martin reiterated this is the only project with on-site housing, and they feel they are being penalized for providing these units. Martin told Council they would be willing to write into their leases that tenants cannot have cars. Burstein told Council parking requirements are a case by case review. This applicant is maximizing their FAR, and there are impacts associated with on-site residential units. Mayor Stirling pointed out parking was removed as a code requirement a number of years ago, and the downtown has suffered from this. Councilman Collins withdrew his motion as the parking requirement has not been the policy for employee units in the past. Councilman Isaac withdrew his second. Council agreed not to add a restriction to the lease that these units be rented to tenants who do not have cars. Burstein told Council this proposal is for 4 low and moderate income studios, which was approved by P & Z and the housing authority. Councilman Isaac moved to approve the requested GMP exemption for employee housing subject to the condition in the planning office memorandum of October 21, 1986; seconded by Councilman Collins. All in favor, motion carried. Storehouse building Burstein told Council this review is a cash-in-lieu consideration for employee housing. The applicant has committed to provide 13 Regular Meeting Aspen Citv Council Qc,~ober 27. 198 570,000 to house the equivalent of 3.043 low income employee and .687 moderate income employees. Burstein told Council the formula for cash-in-lieu is 520,00 for low employee and 513,200 for moderate income units. Councilman Isaac moved to approve the cash-in-lieu payment of 570,000 to provide housing for 3.043 low income employees and .687 moderate income employees as adjusted to the current payment schedule at the time of issuance of a building permit; seconded by Councilwoman Walls. All in favor, motion carried. Perry Harvey, representing the applicant, told Council the resolution states that the exposed wall of the Thrift Shop will be given a brick facade or other treatment acceptable to HPC. Harvey told Council they have not had discussion with the city or the Thrif t Shop about this wall. The applicant has volunteered to take care of this exposed wall, and would like the resolution to read the treatment be acceptable to the HPC and other interested parties. Council agreed the treatment should be acceptable to the HPC and the applicant. Mayor Stirling moved to suspend the rules and extend the meeting to 9:20 p.m. and continue the rest of the items to October 28, 1986; seconded by Councilman Isaac. All in favor, motion carried. Hunter Plaza Burstein told Council one issue is the existing floor area credit. The Code is not specific on determining the floor area credit given for commercial reconstruction exempt from GMP. The Palazzi station has a canopy extending over the gas pumps of 865 square feet. The applicant would like this square footage to be part of their credit, which would reduce their GMP allocation as well as their cash-in-lieu payment. The cash-in-lieu payment is a commitment for a certain percentage of employees based on the net leasable space. The planning office position is that this ought not be added to their credit; their net leasable space should remain the same as well as their cash-in-lieu payment. Burstein said he does not feel this space is net leasable space in terms of generating employees or income. Councilman Collins moved to approve the cash-in-lieu payment of 5184,000 to provide housing for 9.2 employees at the low income level, as adjusted to the current payment scheduled at the time of issuance of a building permit. Payment shall be made to the housing authority prior to issuance of a building permit; seconded by Councilman Isaac. 14 Rgqular Meeting Aspen ,Ci~tv_Council Qctober 27. 1986 Sunny Vann, representing the applicant, pointed out in the commercial zone district, one competes for floor area in the annual GMP competition. The Code defines what floor area is. When there is an existing building, the practice is to provide a survey of the existing floor area, which is subtracted from the total floor area of the new building, and one competes for the difference. Vann told Council there was some discussion when they submitted their application whether the area under the canopy was floor area. This was not resolved prior to submission, the applicant took the conservative approach and lef t it out of the calculation of existing floor area. Vann told Council, staff has taken the position if the building were to be built, the area under the canopy would be counted as floor area. Vann said if that is the case, they have over requested floor area. This point is moot as staff recommende d the unused quota in CC and C-1 should not be carried over to the next year's competition. However, there is a problem in the computation of the employee housing requirement. The code requires employee housing be based on net leasable area with the rationale that corridors and storage areas do not generate employees. One takes a new building, subtracts corridors and circulation, and obtains net leasable area to compute the employee housing. Vann said they took the existing structure and subtracted the areas not leasable to get the existing leasable credit in the existing building, which is subtracted from the new building, and the employee generation is figured on the difference. Vann told Council they did not include the canopy, even though it is in FAR, which made the employee generation 9.2 employees for a total of 5184,000. Vann contended if the area is in fact floor area, it is also part of the net leasable. Vann told Council there are no guidelines in the Code to determine what is and what is not net leasable. The approach is an area which generates employees and generates revenue is net leasable. Vann said the area under the canopy is questionable and the applicants feel it is net leasable; the majority of business is conducted in that area, and the income generated is from the operation of the gas pumps . If thi s areas is counted, it will reduce the employee housing commitment 524,000. Vann told Council this area already counts in FAR; it could be walled in without going through GMP, Vann told Council he has a copy of the lease between Texaco and Palazzi, which indicates all facilities are included in the lease and there are no exclusions. Vann stated there is a historical precedent for including this area in the net leasable space f or purposes of including the employees. Vann said if Council concurs, the allocation of quota would not change but the applicant would technically clarify that the employee generation 15 Regular Meeting Aspen City Council October 27. 1986 would be 8 employees rather than 9.2. Tony Mazza, applicant, pointed out the lease provides for all improvements on the premises. Mazza said this is a gas station, the gas pumps are under the canopy. If there were no gas pumps, it would not be a gas station. This is where the income is generated, this is where the employees work. This is leasable space and is leased under terms of the lease. Vann said if there were no canopy, it would not be requested as an FAR credit, and if it is not FAR it is not net leasable area. Councilman Collins amended the motion to read $160,000 cash-in- lieu to provide housing f or 8.0 employees; seconded by Councilman Isaac. All in favor, motion carried. Burstein noted there is an adequate amount of quota for all three projects in the CC and C-1 zone districts. The resolution recommends approval of these 3 projects with conditions for each project. Burstein told Council there is 544 square feet left in the CC and C-1 zone district, and staff recommends this not be carried over to 1987. Mayor Stirling moved to allocate GMP quotas to the Storehouse building, Hunter Plaza, and Pitkin Center allocation requested and not carry over 544 square feet into 1987 and to prepare a resolution including the conditions; seconded by Councilman Collins. All in favor, motion carried. DOWNTOWN LIGHTING CHOICES Mayor Stirling said he likes the sample block C and B with the Granville globe and an incandescent bulb. Clem Kopf, consultant, told Council "B" is a 75 watt long life incandescent bulb. Mayor Stirling said he feels safety is an important issue as are aesthetics and quality of the lights. Mayor Stirling said he f eels the choice "B" gives sufficient light. Mayor Stirling said he would be willing to look at a different level of light for Highway 82. Councilwoman Walls agreed Main street as well as Highway 82 going east of town should have a higher light. Kopf recommended "H", 205 watts, for the highway corridor, Mill street, north of Main and Gibson streets. Councilwoman Fallin agreed these areas should have added light wattage. Mayor Stirling moved to use "B" 1 fights south of Main and "H" on Mill street north of Main and Highway 82 corridor all along; seconded by Councilwoman Walls. Marvin Jordan said he feels using "B" is underlighintg town and Council has been looking at the bulbs rather than the pools of light produced. Jordan told Council the CCLC tested mercury 16 Regular Meeting Aspen City Council October 27. 1986 vapor lights at 175, 100 and 75 watts. The 75 watt mercury vapor only produces .26 foot candles, which they did not feel was enough light. The choice of Council is .10 f oot candles. Mayor Stirling said he feels the quality of light is very important to balance the program for the entire town. Kopf told Council because this is incandescent and there are no ballast involved, the lamps can be changed at any time. Mayor Stirling said this program is making the commercial core and Main street more safe. All in favor, with the exception of Councilman Isaac. Motion carried. CONSENT AGENDA Councilwoman Fallin moved to approve the consent agenda; seconded by Councilwoman Walls. All in favor, motion carried. The consent agenda is Liquor License renewals - Mama Maria's; Clark's Market; Club Cafe; Hickory House; Pour La France; Copper Kettle; Bentley's; Cooper Street Pier; Resolution #38, 1986, Air Monitoring Device Contract; Liquor License Transfers - Fireside Lodge; Hickory Wagon. Council continued the meeting to October 28, 1986, at 5:00 p.m. and left Chambers at 9:30 p.m. Kathryn Koch, City Clerk 17