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HomeMy WebLinkAboutminutes.council.20030428Regular Meeting Aspen City Council April 28, 2003 CITIZEN COMMENTS ............................................................................................ 2 COUNCILMEMBER COMMENTS ........................................................................ 3 CONSENT CALENDAR ............................................................................................ 4 · Resolution #35, 2003 - IGA Technical Communication Services ......................... 4 · Resolution #43, 2003 - Directing JAIBG Grant to Garfield Youth Services ......... 4 · Resolution #36, 2003 - MAA Parcel Purchase ...................................................... 4 · Resolution #37, 2003 - Contract Waldrop - Mall Brick Repair ............................ 4 · Resolution #38, 2003 - Mascotte Lode Annexation ............................................... 4 FIRST READING OF ORDINANCES ................................................................... 5 · Ordinance #22. 2003 - Little Ajax Annexation ...................................................... 5 · Ordinance #21, 2003 - Little Ajax PUD ................................................................ 5 · Ordinance #23, 2003 - Tipple Lodge, GMQS Exemption, Subdivision ................ 5 · Ordinance #24, 2003 - Creating Noise Variance Procedures ............................. 5 ORDiNANCE #5, SERIES OF 2003 Code Amendments Infill ..................... 6 ORDiNANCE #20, SERIS OF 2003 Park/Dale Subdivision ....................... 13 RESOLUTION #33, SERIES OF 2003 Residences at Little Nell ............... 15 RESOLUTION #39, SERIES OF 2003 - Temporary Use -Riff Raft ........... 16 RESOLUTION #40, SERIES OF 2003 - In Support of New Maroon Creek Bridge ............................................................................................................................ 17 Regular Meetin~ Aspen City Council April 287 2003 Mayor Klandemd called the meeting to order at 5:00 p.m. with Councilmembers Paulson, Semrau, Hershey and McCabe present. CITIZEN COMMENTS 1. Bill Stirling noted the resolution regarding Maroon Creek Bridge is at the end of a long meeting. Stirling said no concrete direction has been given on the S-curves. Stirling said he is impressed the city will form a task force to look at the S-curves. 2. Donna Fisher told Council the public hearing notice for Little Ajax states it is today, Joe Wells, representing the applicant, told Council this is first reading, which does not require a public notice. Wells agreed there is a technical error in the notice posted on the property. Wells said the notice mailed to adjacent property owners was correct. Wells suggested passing this on 1st reading, opening the public hearing May 12th and continuing it to May 27th. 3. Bill Wiener said he is concerned about SARS and so many musicians coming from foreign countries that have epidemics. Wiener said what the city does about this could encourage tourists or keep them away. Lee Cassin, environmental health department, told Council Aspen is like every other resort in the country that has lots of travelers. SARS is present in North American, South America, Europe, Asia, and Australia at the rate of one in a'million. Ms. Cassin noted there is a clear set of symptoms with SARS and the medical community is prepared to deal with this. Yvonne Hemandez, public health director for Pitkin County, told Council there is a 10-day defined period of the disease incubation. People can be isolated for these 10 days. Ms. Hernandez told Council there are 11 cases of SARS in Colorado; last week there were 156 cases of flu. Mayor Klanderud said she has talked to the MAA and they are in contact with the public health department. 4. Jim Passen, advertising for RFTA, said Rubey park needs some cleaning up. The maintenance, like tiles, painting, bathrooms, should be taken care of. Mayor Klanderud said RFTA leases this property and they are responsible for that facility. City Manager. Steve Barwick said the city has $20,000 allocated toward cleaning up Rubey park, which RFTA is supposed to match. Mayor Klanderud said she is the city's representative to RFTA and will forward this concern to them. Regular Meeting Aspen City Council April 28, 2003 5. Lenir Drake said during an election debate addressing the urgency to transfer the Marolt land to CDOT, Councilman Hershey stated if the city had not done this, the city would have been in court. Ms. Drake said she has spoken to the legal department of CDOT as well as the city attorney and no one was aware of such threat. Councilman Hershey said that was his understanding and he may have been wrong. 6. Emzy Veazy III said the Council should pledge allegiance to the flag. Council is against law and order. Veazy said Council should give the finance director orders to get out and collect taxes in a better way. 7. Bert Myrin said Council candidates received money from an applicant and did not disclose this at a meeting. Myrin said another applicant dra£ted and sent out letters to 3,000 people endorsing Council candidates. Another Councilperson has been in the news with conflict issues. Councilman Semrau said if Myrin has factual problems, he should go to the city attorney so that he can look into these issues: Mayor Klanderud agreed issues with substantiation should be taken up with the city attorney. To continue to throw out perceptions is a disservice to the community. 8. Toni Kronberg reminded Council she has had concerns about the design of the swimming pool since its inception. Ms. Kronberg said the amount of deck sPace around the pool is minimal. Another concern is the warm water pool not being deep enough for disabled swimmers; the warming area for swimmers being outside, no lockers for the swim team, the diving board located in the lap pool. Ms. Kronberg told Council she contacted U. S. Swimming and asked how many feet is needed to hosta swim meet. Ms. Kronberg suggested the training be done in Aspen and the swim meets conducted in Basalt. Ms. Kronberg said today there is a sign stating parents cannot come into the pool area with their children, they either have to pay a fee or get 10 minutes. Tim Anderson, recreation director, told Council once people are past that control area, they can use the facility. This is a new facility and he is willing to work on better~ arrangements for parents and children. COUNCILMEMBER COMMENTS 3 Regular Meeting Aspen City Council April 28, 2003 1. Councilman Hershey said the highway between the mrport and Aspen Village needs some cleaning up. The city/county green team was going to have a highway clean up, but it snowed. 2. Mayor Klanderud stated it is 8 days before the election and encouraged everyone to vote. Mayor Klanderud said the community might disagree but there should be civility in such disagreement. 3. City Manager Steve Barwick requested an execunve session at the end of the meeting for advice from the city attorney. CONSENT CALENDAR Councilman Hershey moved to adopt the consent calendar; seconded by Councilman McCabe. The consent calendar is: · Resolution #35, 2003 - IGA Technical Communication Services · Resolution #43, 2003 - Directing JAIBG Grant to Garfield Youth Services · Resolution #36, 2003 - MAA Parcel Purchase · Resolution #37, 2003 - Contract Waldrop Mall Brick Repair · Resolution #38, 2003 - Mascotte Lode Annexation Mayor Klanderud noted the MAA parcel purchase on Smuggler Mountain is being done in conjunction with the city and county open space boards. The cost to each government is $325,000. All in favor, motion carried. 4 Regular Meeting Aspen City Council April 28~ 2003 FIRST READING OF ORDINANCES · Ordinance #22, 2003 - Little Ajax Annexation · Ord'mance #21, 2003 - Little Ajax PUD · Ordinance #23, 2003 - Tipple Lodge, GMQS Exemption, Subdivision · Ordinance #24, 2003 - Creating Noise Variance Procedures Councilman McCabe moved to read Ordinances #21, 22, 23, 24, Series of 2003; seconded by Councilman Hershey. All in favor, motion carried. Ordinance No. 21 SERIES OF~2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING A CONSOLIDATED CONCEPTUAL / FINAL PLANNED UNIT DEVELOPMENT, SUBDIVISION EXEMPTION, REZONING TO AH/PUD, 8040 GREENLINE, GMQS EXEMPTION, SPECIAL REVIEW AND WAIVER OF THE RESIDENTIAL DESIGN STANDARDS FOR THE LITTLE AJAX HOUSING PROJECT LOCATED ON THE 600 BLOCK OF HOPKINS AVENUE ORDINANCE NO. 22 (Series of 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "WEST HOPKINS ANNEXATION." ORDINANCE NO. 23 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS AND SUBDIVISION FOR THE TIPPLE LODGE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Regular Meeting Aspen City Council April 28~ 2003 Ordinance NO. 24 (Series 2003) AN ORDINANCE AMENDING SECTION 18.04.050(3), NOISE ABATEMENT, OF THE MUNICIPAL CODE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO John Worcester, city attorney, said because of the error in the Little Ajax PUD, Council may invite public comment from anyone who cannot be present May 12th or 27th and who may have appeared this evening as they thought it was a public hearing. Joe Wells, representing the applicant, noted this project may not get through in one Council meeting. The applicants would like to have the public hearing opened on May 12th, make a presentation, and have a continued public hearing May 27th. Wells told Council there are 3 forms of public notice for this application, mailing, newspaper, and posting on the property, all 15 days in advance of the hearing. The posting sign contains today's date rather than May 12th, which is the date of the other two public notices. Councilman Hershey moved to adopt Ordinances 21,22, 23, and 24, Series of 2003, on first reading; seconded by Councilman Semrau. Roll call vote: Semrau, yes; McCabe, yes; Paulson, no on Ordinance #22, yes on the rest; Councilman Hershey, yes. Mayor Klanderud, yes. Motion carried. ORDINANCE #5~ SERIES OF 2003 - Code Amendments Infill Chris Bendon, community development department, reminded Council over the past several hearings, they have made some suggested changes. Bendon requested formal direction from Council on those issues. Bendon noted Ordinance #5 has not been changed. Bendon suggested Council go over each amendment and then continue the ordinance to May 12th. Mayor Klanderud said when P&Z reviewed this, they had the current land use code sections and where it would be amended by this proposed ordinance. Mayor Klandemd requested Council have parallel sections so that they can go through each change and each zone to see how these amendments affect the existing code. View Planes - _Staff got direction to keep all 7 view planes and to add 2 v~ew planes, one from Paepcke Park toward Aspen Mountain and one from 6 Regular Meeting Aspen Ci~, Council April 28~ 2003 Paepcke Park looking toward Shadow Mountain. Bendon noted this ordinance will initiate the analysis on the 2 new view planes with P&Z review. Councilman Paulson questioned why this should be limited to 7 view planes when there are 790 different view planes in Aspen. Bendon said the issue is what views need public protection as discerned by Council. Council suggested Councilman Paulson put any additional view planes he wants considered in writing. Council agreed 4 to 1 to keep the 7 view planes and initiate 2 more. Councilman Paulson suggested this ordinance be tabled indefinitely. Bendon reminded Council in order to initiate a change to the land use code, staff must be directed to do so by Council or by P&Z. Pedestrian Amenities - Bendon said this would replace the quantified open space in the commercial core w/th a quality requirement. It has been discussed whether this should be the choice of the developer or the city under P&Z review. Council agreed 5 to 0 this should be city choice. Growth Management - Bendon pointed out this ordinance maintains the 2% growth caps. Council suggested lowering this to 1%. Bendon said 1% would be good in free market residential; however, in commercial square footage, 1% would lower the growth to 14,000 square feet/year. Councilman Paulson said this should be reviewed on an individual bases. Mayor Klanderud said a 1% growth rate is too low. Councilman Paulson said the idea behind this ordinance was to create vitality and get developers to come into town. Councilman Paulson said this ordinance can be handled w~th PUDs, existing ordinances, exemptions and variances. Councilman Paulson said this ordinance does not need to be adopted. Mayor Klanderud said the 2% growth rate is a goal of the AACP, which she could support. Councilman Hershey said he would support 1% growth in the commercial area. It is 0 right now. Councilman Semrau suggested the city start slowly with this ordinance. It can be adjusted upward if it is not working. Councilman McCabe agreed with 1% growth rate. Councilman Paulson said using 1% in order to get the ordinance passed is a disservice to the entire ordinance. Bendon said he expects the trigger for development to be the free market allotments that come with a mixed use project. Bendon suggested restricting those to 1% and maintaining the commercial development at 2%. This will allow Council to go into infill more slowly. Councilman Paulson said he would like to get this into a format where citizens can talk more than 3 minutes and get an ordinance that works for 7 Regular Meeting Aspen City Council April 28~ 2003 Aspen. There are other things that should go along with this ordinance that are not on the table. Councilman Paulson moved to table Ordinance #5, Series of 2003. Motion DIES for lack of a second. Mayor Klandcrud requested there be a statement about the number, 30,000, which is meant to be peak population including every tourist, not full build out of permanent units. Mayor Klandemd said she would like this expounded upon so people understand what it means. Council agreed with growth caps of 2% for commercial and 1% for residential. Commercial Zones - Bendon said the ordinance proposes a 42 foot 3 story building that would allow a partial 4th floor up to 52 feet. Also proposed is a complete 4 story building limited to 45 feet. Bendon pointed out the Independence building is 42 feet and 3 stories. Reducing the height to 40 feet would have an insignificant impact. Bendon suggested anything above that be approved by special review and require a TDR. The TDR landing site will become important in both incentive and the system. Bendon said as proposed, the FARS especially in the commercial core, in order to have 4 stories, requires using all commercial, all free market and filing up the building with additional affordable housing. This would include CC, C-1 and NC. Council agreed the height should be 40 feet and one can go up an additional 8 feet with a historic TDR and special review. Councilman Semrau agreed this is the most protection for the city. If a developer had a really good project, it should be able to make it t~ough special review. Councilman Semrau said he would like to have a market for TDRs created. This height will be measured at absolute height, which is more restrictive. It will also encourage fiat roof buildings. This is for the CC zone only. First Floor Office Use - Council agreed offices should be allowed on the first floor. Service/Commercial/Industrial Zone Bendon said this was a difficult section for the task force as the S/C/I zone generates much lower lease rates Regular Meeting Aspen City Council April 28, 2003 than in the CC zone. The task force suggested increased building sizes in order to get more financial strength. The task force proposed height at 55 feet height. The P&Z was not comfortable with that and lowered it to 42 feet as in the CC. The current height limit is 35 feet. Bendon noted the expectation in S/C/I is that development will be a PUD or public/private parmership. Mayor Klanderud pointed out Obermeyer got through the process within the 35 foot height limit. Councilman Semrau said if the height limit is 35 feet, a developer can come in with a PUD, which would allow flexibility for a higher project. Councilman McCabe suggested putting on the work plan to have a group, like the AACP task force, look at ways to enhance the S/C/I zone. Council agreed with the 35 feet and a TDR is not necessary. Mixed Use Zone - Bendon told Council this is currently known as the Office zone and is all of Main street, the area directly adjacent to the commercial core on the west side and adjacent to the C-1 zone on the east side. The current height limit is 25 feet. This proposes to rinse the height to 32 feet with the ability to go to 35 feet with special review. Concern has been expressed about the historic district and the compatibility of higher height. Bendon suggested lowering the height limit to 30 feet with single family remaining at 25 feet. Mayor Klanderud said she feels there are some areas of the office zone that could support higher buildings. Mayor Klanderud said she does not want to see all flat roofs. Bendon said the HPC representative on the inflll committee said the HPC process should evolve the diversity of one zone district, rather than splitting this into several zones. Bendon said the task force saw this as an opportunity for locally serving commercial businesses. It is Main Street; it is commercially zoned. Councilman Semrau agreed Main Street is not the best place for residences and by allowing more height, retail would be encouraged. Councilman Semrau said he favors 5 additional feet for mixed use and 25 feet for single family. The height will be measured according to the pitch of the roof. Mayor Klanderud asked that staff bring back heights of current buildings on Main street, like the Christiana and Hotel Jerome. Councilman Pauls0n stated Main Street is our entrance and this will allow tall buildings. Councilman Paulson said this will be allowing more of a building envelope. Regular Meeting Aspen City Council April 28, 2003 Councilmembers McCabe, Hershey and Semrau and Mayor Klanderud favor going with 30 feet and asked staffto bring back specific examples of height. Residential Zones - Bendon said this proposes an affordable housing bonus equal to the amount of on-site affordable housing. This might allow an FAR that is not appropriate for the surrounding neighborhood, so there is a suggestion to lower it to 50% FAR bonus. Mayor Klanderud said this should agree with other policies on ADU, like detached and above grade. Council agreed to leave this in with 50% FAR bonus, not 100%. Multi-family Zone - Bendon said one concern is that single family-duplex use seems to be the desired development rather than going through growth management. The task force looked at allowing single family-duplex at a reduced FAR. Bendon said a graduated scale for heights could also be used; the more dense the project, the higher the building, up to 35 feet, measured at the mid-point. Mayor Klanderud said she does not want to disallow single family or duplexes in this zone. Councilman Semrau suggested keeping single family and duplexes as a conforming use and keep the height at 25 feet. Councilman McCabe said he would agreed with cutting the FAR back to 80% for single family and duplex and the height at 25 feet. Councilman Semrau suggested the allowed height be 30 feet for multi-family. Council agreed cutting back the FAR to 80% of that allowed for multi-family. Councilman Semrau said he would like the city to start to create a market .for historic TDRs and allow any increase over 30 feet, up to 8 feet, under special review with a historic TDR. Lodge Zone - Bendon said the proposal is that height is dependant on density in this zone, and also to allow for single family and duplex development yet make those less attractive. Bendon said this would de- emphasize the commercial uses and make them a conditional use, not permitted use. Staffis working on the FAR allowances, suggesting a reduction from 2.5:1 to 2:1. The height is proposed at 42 feet, measured at the mid-point. Councilman Semrau suggested consistency and make this similar to the multi-family zone. Councilman Semrau supported conditional use review for retail uses. Councilmembers Semrau, McCabe and Hershey and Mayor Klanderud agreed single family and duplexes be allowed with the same restrictions as the MF zone; retail use will be conditional; the FAR reduction to 2:1, the height for single-family and duplex will be 25 feet and the height for a lodge at 30 feet with an 8 foot increase with a historic TDR. 10 Regular Meeting Aspen Ci~. Council April 28, 2003 Multi-Farrdly Housing Replacement - Bendon said this allows for replacement regardless of the process of replacement of multi-family buildings. Bendon said projects try to maintain their replacement as a remodel rather than a demolition to avoid mitigation. Bendon reminded Council they recently changed the definition of demolition. P&Z has stated they do not care whether a replacement is a remodel or demolition, they care about maintaining the number of units on site. If that number is changed, affordable housing requirements should kick in. Traditionally, the city has said once demolition has occurred, half of the existing units and half the square footage has to be redeveloped as affordable housing. Council indicated they support the P&Z position. Measurement of Demolition- BendOn said traditionally this has been measUred at a 50% threshold of exterior surface wall area, not counting roofs. Bendon said the issue is whether to lower this to 40% and to include roofs. Staffnotes the roof is part of the exterior of the building and recommends counting it. Council agreed to lowering the threshold to 40% and to include roofs. Bendon pointed out there is a provision for locals to waive the impact fee until the house is sold to a non-local. Councilman McCabe asked about adding a small percentage increase so that locals can increase the size of their house without paying a large impact fee. Councilman Semrau said the fee is a sliding scale. Transfer of DensiW Rights - Bendon said there has been a suggestion to allow transfer of property rights between all properties to allow some properties to remain small and allow the additional development fight to be fransferred to other sites. Bendon said this would be complicated to implement and the task force decided to recommend a simple system that has the clearest public goals associated with it. Bendon said allowing TDRs to apply to all properties might dilute the effectiveness of the historic TDR program. Council agreed with one step at a time; see how the historic TDR works first. Mayor Klanderud opened the public hearing. Doug Allen said he is encouraged by the changes Council is discussing. Aspen is a fragile place and the economy is fragile. Allen Said people come to Aspen to see a town that has not been demolished or unalterably changed, More density will not create more vitality. Allen supports allowing existing 11 Regular Meeting Aspen City Council April 28, 2003 buildings to improve. Allen said he is concerned about the open space and allowing a developer to choose where their open space might be is not right. Brooke Peterson, Knollwood, noted incentives are being created for additional affordable housing and how does this dovetail with the zoning in Knollwood where affordable housing is prohibited. Bendon said when Knollwood was annexed, they specifically requested reduced FARs and no ADUs. John Kelly said property owners in the R-15B zone district cannot put in ADUs and they have to pay the mitigation fee; they have no choice. Kelly said at the time R-15B was created, there was no mitigation required. Council requested staff look at this zone district. Charles Wolf said what Counci! is trying to achieve is laudable. One of the reasons there is no development in Aspen is because of the subjective process and the mitigation fees involved, which are very onerous. Wolf said he does not feel single family dwellings should be allowed in the lodge zone. Marty Shlumberger said it appears the city is giving incentives to increase square footage or for affordable housing. In the residential multi-family zone, Council has suggested allowing only 80% of the FAR for a single family house. Shlumberger said he cannot understand the connection between the vitality of Aspen and decreasing the size of his house 240 square feet. Shlumberger said he cannot understand giving 60% of his land to the housing authority. Marcia Goshom told Council the in fill task force walked every single neighborhood to see what effect these changes would have and to see how they wanted the town to look. Ms. Goshom noted 22 small lodges have been lost in the past 10 years. Ms. Goshom asked if the 2% residential growth cap includes affordable housing. Bendon said affordable housing ~s only affected by the overall ceiling. Bill Stirling applauded Council for being open to including more view planes; agreed there should be no choice on open space it should be required; Council should go to 1% growth cap in residential and commercial. Stirling pointed Main street is an office zone, not commercial zone. Council should keep the heights in all zones at 25 feet. Bill Wiener said there is a lack of connection between growth management and affordable housing throughout this ordinance. Wiener said the downsides, parking, traffic, loss of character, loss of views, should all be listed. 12 Regular Meeting Aspen City Council April 28, 2003 Mayor Klandemd closed the public heating. Councilman Semrau requested staff put the amendments agreed on by Council into Ordinance #5, put the existing code sections with the proposed amendments so that Council can review for the next public hearing at the next Council meeting. Mayor Klandemd said she would like to discuss parking off-site. Mayor Klandemd favors the 25% open space requirement and the issue is where will the open space be. Councilman Hershey moved to continue Ordinance #5, Series of 2003, to May 12, 2003; seconded by Councilman Semrau. All in favor with the exception of Councilman Paulson, motion carried. ORDINANCE #20~ SERIS OF 2003 - Park/Dale Subdivision James Lin&, community development department, noted this request is to reconfigure two lots of the Independence Subdivision to three lots. These lots are located between East Hopkins and Park Avenue and Dale Avenue. The lot at the north end is 9,000 square feet and contains a single family residence. The lot on the south on the comer of Dale and Park has 13,000 square feet and contains a duplex deed restricted to affordable housing. Lin& noted this deed restriction only applies as long as the current owner owns the property. The reconfiguration will be two 6,000 square foot lots and one 9,000 square foot lot. The 6,000 square foot lots will have single family residences and the 9,000 square foot lot will have two detached residences, which is permitted in R-6. Lindt told Council the proposal is consistent with the surrounding uses of single family and duplexes. Lindt said the land is suitable for subdivision, is flat and the lots are located on a transportation line. Lindt reminded Council they reviewed the relocated Dale Avenue. At that time the city engineer required 5 foot easement for pavement protection; however, applicant did not wish to grant that. The city engineer and applicant have come to a compromise sufficient to provide pavement protection. There was an issue with access. The applicants are proposing access off both Park and Dale avenues to lot 3. Staff originally requested one driveway off Dale. Staffdid site planning exercises and determined there would be more pavement required with one driveway and staff concurs with two separate accesses to lot 3. One tree on lot 1 may have to be relocated on one 13 Regular Meeting Aspen City Council April 28, 2003 of these 3 lots. Staffrequests another condition making this subdivision approval contingent upon the sale of this property. Mitch Haas, representing the applicant, said they agree with staffs recommendations. This was 3 lots and it was resubdivided in 1978 to 2 lots. This is bringing the land back to its original configuration. Haas told Council the existing zoning would allow 4 dwelling units on 2 lots. The applicant proposes the same density on lots reconfigured appropriate to the R-6 zone. Haas said they do not have architectural renderings as the subdivision regulations do not ask for that level of detail. Haas said they did not request a PUD review because they want to comply with the R-6 zoning and with the residential design standards. Haas told Council there is 40 feet of right-of-way on Dale Avenue and there is 19 feet unused on the south half of Dale. The applicant did not want to g~ve a 5 foot easement on the north side with 19 feet unused on the south side. Haas said the goals of the city will be met. Haas noted once this property changes hands, the deed restriction is null and void, and they have no problem with the added condition. Haas said staff feels the driveway off East Hopkins can work with the trail. Haas said the existing structure on the north end of the property will be retained and used as a garage or storage. John Worcester, city attorney, said the property was improperly noted as RMF and asked if the applicant disputes the proper zoning. Haas said they agree it is R-6. Councilman McCabe said if Council approves this subdivision, the applicant will get another 2250 square feet of FAR. Haas said this will be spread among the 3 lots. Mayor Klanderud opened the public hearing. Ellie Wienstein told Council she walks the east Hopkins footbridge and Park Avenue and she is concerned about the pedestrian traffic and cars on east Hopkins. Ms. Wienstein said she is also concerned by the additional FAR in this neighborhood. Mayor Klanderud closed the public hearing. Councilman McCabe said this is a very constrained area and he is concerned about the pedestrian safety. This trail is in an awkward place and this access will make it much worse. 14 Regular Meetin~ Aspen City Council April 28, 2003 Councilman Hershey moved to adopt Ordinance #20, Series of 2003, with conditions #1 through 15; seconded by Councilman Semrau. Roll call vote: Paulson, yes; McCabe, no; Hershey, yes; Semrau, yes; Mayor Klanderud, yes. Motion carded. Councilman Hershey moved to continue Ordinance #19, Series of 2003, Ethics Code, to May 27, 2003; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #33, SERIES OF 2003 - Residences at Little Nell Councilman Hershey recused himself as an employee of the Aspen Skiing Company. John Worcester, city attorney, said one issue is whether or not Councilman McCabe may participate in this discussion based on the fact he received an endorsement from the Aspen Ski Company. At the last meeting, Councilman McCabe chose to recuse himself for an appearance of conflict of interest. Worcester stated the City Charter requires members to vote on all matters before them unless they have a substantial personal or financial ~nterest in that matter. The issue is whether Councilman McCabe has a personal or financial interest in this agenda item. Worcester noted it has never been held that receiving an endorsement is such an interest that would require one to recuse themselves. Worcester said the applicant is entitled to due process of law, which is a constitutional right. This ~s a quasi-judicial proceeding and the applicant is entitled to have their application judged impartially. If a Council person feels they cannot be impartial and could not render a fair decision, they have an obligation to recuse themselves. Councilman McCabe stated he does not have a personal or financial interest. Brooke Peterson, representing the Aspen Land Fund and CWA Development, requested this issue be continued to May 12th. Peterson entered a letter into the record pertinent to this request. Councilman Semrau brought up the issue of changed application between P&Z rewew and whether these changes should be sent back to P&Z. Worcester said the theory of having a 4-step process, going to P&Z and then Council for conceptual, then P&Z and Council for final, is that it is an iterative process and there will be changes. Worcester said in the past · applicants have been asked to go back to P&Z if the changes were 15 Regular Meeting Aspen City Council April 28, 2003 significant, Worcester stated in this case it seems to be part of the normal process and P&Z will see these changes at final review. Councilman Semrau said conceptual approval does have some weight and these changes seem to be substantial. Councilman Semrau suggested P&Z comment on these changes. Peterson said the changes are in direct response to what P&Z said about the project. The applicants explained what they wanted to do, and staff concurred with this course of action. Peterson Said he feels the applicants have addressed the P&Z's concerns and are comfortable taking the risk of bringing this forward to Council. Peterson said they would like Council's comments on this project. This is an on- going process. Councilman Semrau asked that the changes be summarized and sent to P&Z for their comments back to Council. Mayor Klanderud noted the applicant is taking the risk by not going back to P&Z. Steve Falender urged Council to send this back to P&Z as it is a different application. Julie Ann Woods, commumty development department, told Council it is staff's position that P&Z took an action; they heard the case; they had a list of conditions they wanted to see incorporated into the project before final presentation. The applicant made changes to address these conditions. There is another set of public hearings before P&Z and Council and staff felt it appropriate to go forward. Councilman Semrau moved to continue Resolution #33, Series of 2003, to May 12, 2003; seconded by Councilman Paulson. Roll call vote: McCabe, yes; Semrau, yes; Paulson, yes; Mayor Klanderud, yes. Motion camed. Councilman Hershey moved to suspend the rules and extend the meeting to 10:30 p.m.; seconded by Councilman McCabe. All in favor, motion carried. RESOLUTION #39, SERIES OF 2003 - Temporary Use -Riff Raft James Lindt, community development department, told Council this request is to use a parking lot on South Aspen street from May I to September 30th for a river rafting operation. This is the same request as last year. There were no complaints on previous year's operation. Staff believes the temporary use has been beneficial to the community over the past 8 years and recommends approvals. 16 Regular Meeting Aspen City Council APril 28~ 2003 Peter Hicks said it is a privilege to be able to use this property and to run this operation. It is a benefit to a small locally owned company to be able to serve their customers. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public heating. Councilman McCabe moved to approve Resolution #39, Series of 2003; seconded by Councilman Hershey; All in favor, motion carded. RESOLUTION #40, SERIES OF 2003 - In Support of New Maroon Creek Bridge Mayor Klanderud said when this was previously before Council, Councilman Paulson did not favor the resolution as presented. Councilman Paulson drafted one of the two resolutions in the packet, version II. Councilman McCabe moved to approve Resolution #40 (version II), Series of 2003 to support the new Maroon Creek Bridge; seconded by Councilman Hershey. Councilman Semrau asked if CDOT is supposed to wait until the city has done studies on changes to the existing alignment. Mayor Klanderud said it states "in conjunction with", they are both moving together at the same time. John Worcester said in conjunction with means it will be designed together with the city's studies. Councilman Paul~on agreed they have to be in conjunction. Councilman Hershey moved to call the question.; seconded by Councilman Paulson. Councilmembers Paulson, Hershey and Mayor Klanderud in favor; Councilmembers Semrau and McCabe opposed. All in favor with the exception of Councilman Semrau, motion carded. Councilman McCabe moved to go into executive session at 9:30 p.m. pursuant to C.R.S. 24-6-402(4)(b), counsel from counsel; seconded by Councilman Hershey. All in favor, motion carried. Councilman Hershey moved to come out of executive 'session at 10:30 p.m.; seconded by Councilman McCabe. All in favor, motion carded. 1¸7 Regular Meeting Aspen City Council April 28~ 2003 Councilman Hershey moved to adjoum at 10:30 p.m.; seconded by Councilman McCabe. All in favor, motion carried. City Clerk 18