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HomeMy WebLinkAboutminutes.council.19921013Regular Meeting Aspen City Council October 13, 1992 Mayor Bennett called the meeting to order at 5:20 p.m. with Councilmembers Peters, Pendleton, Richards and Reno present. PROCLAMATION - Energy Awareness Month Mayor Bennett and Council declared October 14, 1992, as energy awareness day in the hopes of promoting a greater understanding and awareness of energy resources, efficiency and conservation. CITIZEN COMMENTS 1. Jeanette Darnour, on behal f of the Sister City delegation travelling to Garmisch-Partenkirchen for the 25th anniversary of Aspen and Garmisch assister cities, presented Council with gifts from Garmisch. Ms. Darnour suggested these be placed in a display case in the new entrance to city hall. There is a porcelain lion, which is the symbol of Bavarian, and a mug presented by the restaurant association. 2. Scott Writer said Thursday October 15th there is a transporta- tion meeting between the city, Snowmass and Pitkin County to try and reach a consensus on what funding to ask CDOT for in 1993 - 94. Writer suggested a park 'n' ride between Buttermilk and Carbondale if the Owl Creek corridor is going to be used. Writer said if Council makes a request for $5 million for high occupancy vehicles lanes, this will result in a four-lane. Writer said he feels a request for $5 million for temporary HOV lanes is a waste of money and CDOT will probably feel that way too. Writer suggested this money should be put into a new Maroon Creek bridge. 3. Les Holst thanked Council and staff on behalf of the Berko Group for making the process work to save the Lily Reid house. The Lily Reid house is back on site. This shows this historic preserva tion is financially viable. 4. Fred Peirce brought up R esolution #48, 1992 - Intent to form Utility Underground Improvement District on the consent calendar. Peirce said the costs for the homeowners will including burying U. S. West service. Another concern is that once this resolution gets passed, it is hard to stop the project. Peirce said the West Aspen homeowners have already had their primary and secondary services buried and they should not be included in this district. Council gave Peirce the resolution and said the city will again be polling the residents on this issues. 5. Liz Barbatelli, committee for Wagner Park skating rink, gave Council packets of information containing their proposed ordinance. Ms. Barbatelli requested comments from the city before she goes ahead with circulating the petitions. Ms. Barbatelli also 1 Regular Meeting Aspen City Council October 13, 1992 requested a date by which this might be reviewed. Jed Caswall, city attorney, told Council he has not had a chance to review this. Caswall told Council he is not in a position to review this because if it is circulated and turned in, Council may ask him to render a different legal opinion. Caswall said if there is something wrong with the petition, he is not sure it is in the city's interest to review it now. Caswall pointed out this group has a former city attorney advising them. Councilman Reno said Council has made a decision on this issue and he does not want staff involved. Ms. Barbatelli said the proposed ordinance is not setting the rink in stone but would allow it to go through the PUD process. Councilwoman Pendleton said she does not have a problem with a citizen's group bringing this back up but does not want staff involved with it. Councilwoman Pendleton said if this group feels strongly about this issue, then the ball is in their court. Councilman Peters said he feels this rink is a bad idea and would discourage people from signing this petition. Council and staff are not obstructing the petition effort; however, Council is disinclined from using staff time to promote this. The majority of Council did not want to spend any more staff time in reviewing this. 6. Rebecca Caillouet told Council she found the manner in which street entertainers were attacked this year to be very unfriendly and not what Aspen was in the past. Ms. Caillouet told Council street entertainers were treated like criminals. There have been street entertainers on the same corner for the last 8 years without complaints. Ms. Caillouet said there was one problem this year and they tried to meet with the police and with the complainant to work it out. Ms. Caillouet said there needs to be a clear definition between public open space and private/public open space. Ms. Caillouet requested this be an agenda item in the future. Councilman Peters said the city's goal with street entertainments was to get everyone to get along. Councilman Peters commended the police department because they handled this with great restraint. Councilman Reno said he feels street performers are great for the town; however, everyone needs to get along. Councilman Reno said there is some question if open space for a development is open space for use by the public. This property is still the property of an individual owner and is not public property. Mayor Bennett said the city put off acting for the entire summer. Mayor Bennett said the city is not going to change their policy, which has been the same for the last 20 years. Mayor Bennett agreed this is not an agenda item. Councilwoman Richards said 2 Regular Meeting Aspen City Council October 13, 1992 there should be a balance between this property used for the enjoyment of everyone and allowing street performers. COUNCILMEMBER COMMENTS 1. Councilman Peters said Council should endorse the county acquisition of the Reeder property for a trail and request staff to prepare a resolution for the next meeting. Council agreed. 2. Councilman Peters asked when Council is going to consider the bond ordinance to purchase the Red Brick school Amy Margerum, city manager, suggested October 14 at 5 p.m. before the first budget hearing. Council agreed. 3. Councilman Reno thanked the staff for running the city government smoothly in the absence of 4 Councilmembers. 4. Councilwoman Richards said she has received calls from citizens about the lighting at the affordable housing project on east Cooper being constructed by the Ritz Carlton. The lighting is not copasetic with the surrounding area. Councilwoman Richards requested staff pass this on to the developer. Ferd Belz, representing the Ritz Carlton, told Council they are aware of this and are working on changing it. Councilwoman Richards said there is also concern about paved parking on the side yard of the project. 5. Mayor Bennett requested consent item (c) Resanctioning $75,000 for Pioneer Park be pulled from the consent agenda and added at the last action item. 6. Amy Margerum, city manager, requested Council add a discussion of PM 10 and the state health regulations as the last agenda item. 7. Amy Margerum, city manager, requested Council move the first action item, East Cooper affordable housing, to the public hearing section. It has been noticed as a public hearing. 8. Cindy Wilson, assistant city manager, told Council the amount in Resolution #48 Intent to Form Utility Underground Improvement District should be $515,850. CONSENT AGENDA Councilwoman Pendleton moved to approve the consent calendar as amended; seconded by Councilman Peters. The consent calendar is: A . Minutes - September 14, 1992 B . Roaring Fork Forum Resolution C . Resolution #47, 1992 - Gould Contract Backwater Metering 3 Regular Meeting Aspen City Council October 13, 1992 D . Approval of WAPA Contract Amendments E . Resolution #48, 1992 - In tent to Form Utility Underground Improvement District All in favor, motion carried. LIQUOR LICENSE HEARING - HAP Holdings Inc. d/b/a Paradise Club Chairman John Bennett opened the public hearing. City Clerk Kathryn Koch reported the posting, publication and file to be in order. Brooke Peterson, representing the applicant, filed petitions with an excess of 50 signatures in support of the application. Peterson pointed out there has been a license in this location for the past 18 years. The previous owners lost their license in a revocation hearing. The applicants are the owners of the property and were the operators of the Paradise Club prior to the sale. Jim Hunting and Bob Bowden will operate the club in the fashion in which it was operated prior to the sale to Constance Moreno. Peters pointed out HAP Holdings supports local community activities by making the club available to the Ski Club and Winter Club and for the Homecoming Dance at the Club. Rachel Richards asked if the club will be on the market. Bob Bowden said this is doubtful. Ms. Richards said there seemed to be problems with the previous establishment being for sale and interested parties coming in and trying to run the club. Ms. Richards said she would like the owners to find out the number of people allowed in the club under the fire code and make sure to stick to that. Peterson said the applicants will work with the fire marshal to make sure the occupancy limitations are not exceeded. Bowden pointed out they ran the club for 4 years and did not have any incidents on their record. Augie Reno asked how many managers there will be. Bowden said he and Hunting will be responsible for the management. Bennett closed the public hearing. Peters moved that based on the evidence presented at this public hearing relating to the application of HAP Holdings Inc. for a tavern license, the liquor license authority finds that the needs of the neighborhood have not been met and the license is hereby granted; seconded by Councilwoman Richards. All in favor, motion carried. LIQUOR LICENSE HEARING - Savanah Limited Partnership d/b/a Ritz Carlton Chairman John Bennett opened the public hearing. City Clerk Kathryn Koch reported the file, posting and publication to be in 4 Regular Meeting Aspen City Council October 13, 1992 order. Larry Levin, representing the applicant, requested the application be made a part of the record. Ferd Belz, executive director of Savanah Limited Partnership, told Council this will be a 281 room hotel with 19,000 square feet of meeting space. There are two restaurants on the lobby level. This hotel could not operate without a liquor license to meet the expectations of the patrons and the conferees. This hotel could not operate without a liquor license given the nature of the lodge tourist industry and area in which it is located. Joseph Violi, manager of the Ritz Carlton hotel, told Council he has spent the last 19 years in the hotel industry. Violi has already attended the TIPS training and will have all employees serving alcohol participate in TIPS training. Violi told Council the food and beverage will be complete service for the hotel. Violi said there are no Ritz hotels this size without liquor licenses. Charlie Moss told Council he favors the issuance of this license. Max Scott, Oedipus Inc., told Council his firm is a professional survey firm and has done about 4,000 liquor licenses in Colorado. Scott said his firm was retained by Ritz Carlton. The petitions were circulated last weekend. The surveyors talked to 114 people who signed these petitions in favor of the issuance of the Ritz Carlton liquor license. Levin entered the petitions and letter from Lee Miller, adjacent property owner, in support of the application into the record. Jed Caswall, city attorney, asked if the premise to be licensed is ready for occupancy. Belz said it is not. Caswall requested the license be conditioned up the applicant receiving a certificate of occupancy. Frank Peters moved that based on the evidence presented at this public hearing relating to the application of Savanah Limited Partnership for a hotel and restaurant license, the liquor license authority finds that the needs of the neighborhood have not been met and the license is hereby granted, subject to be held until final completion of the physical premises and inspection by city staff; seconded by Augie Reno. All in favor, motion carried. ORDINANCE #18, SERIES OF 1991 - Institutional Controls Smuggler Councilwoman Pendleton moved to continue this ordinance to November 23, 1992; seconded by Councilwoman Richards. All in favor, motion carried. 5 Regular Meeting Aspen City Council October 13, 1992 ORDINANCE #56, SERIES OF 1992 - G. O. Bond Refunding Dallas Everhart, finance director, asked that Council not approve this ordinance. Staff will present this refinancing at the special meeting of October 14th. Councilman Reno moved to adopt Ordinance #56, Series of 1992, on second reading. Motion DIES for lack of a second. ORDINANCE #58, SERIES OF 1992 - Historic Designation 434 W. Smuggler Councilwoman Pendleton to continue this to November 9, 1992, at the request of the applicant; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #59, SERIES OF 1992 - Appropriations Dallas Everhart, finance director, told Council this ordinance has been amended to include the approved expenditure of $15,324 in streets to process a land use application for the snow storage site in the county. The ordinance also include $5,000 to complete the Council Chambers and $861 for alley signs from the contingency fund. There is a wage reduction in parks of $14,000 and an increase to the white water course budget of $14,000. There is an increase in the water fund expenses of $665,800 for work required on the renovation of the east plan. There is also an appropriation to the Christmas party of $3,000 out of contingency funds. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #59, Series of 1992, on second reading as amended; seconded by Councilwoman Pendleton. Councilman Reno said he will not vote on this because of potential conflict with city hall. Mayor Bennett asked there was is $665,000 in the water fund. Everhart said yes. Roll call vote; Councilmembers Peters, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. Everhart passed out budget work books and reminded Council the introduction to the 1993 budget is October 14th. ORDINANCE #60, SERIES OF 1992 - Code Amendment Office Mixed Use and GMQS Exemption for Historic Landmark Leslie Lamont, planning office, told Council this land use code 6 Regular Meeting Aspen City Council October 13, 1992 affects the permitted use section of the office zone and the GMQS for historic landmarks. This amendment will create an additional incentive in historic landmarks in the office zone allowing mixed use development include free market residential. This also allows expansion of the historic landmark which adds either a commercial, office or lodge unit and an attached residential dwelling unit exempt from GMQS competition but subject to mitigation for growth impacts. The code presently allows expansion of a historic landmark but not mixed uses. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked if this would cause a conflict with the existing historic structure by adding on extra square footage. Ms. Lamont said there is still floor area regulations. These will be reviewed by the HPC. Councilwoman Richards said the growth committee for the AACP seems to be recommending exemptions from the GMQS should be reduced. Ms. Lamont said the growth committee is asking the planning office to look at the exemptions. This exemption is consistent with the exemptions in the historic preservation program and is not in conflict with what is coming out of the community plan. Councilman Peters moved to adopt Ordinance #60, Series of 19892, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. EAST COOPER AFFORDABLE HOUSING CONCEPTUAL PUD Kim Johnson, planning office, told Council this is the second private sector affordable housing development to go through review. The parcel is 2.35 acres and lends itself to development in two areas. The free market portion would be located on the upper bench and the area closer to the highway and separated by the irrigation ditch would be 16 deed restricted town home units. P & Z recom- mends conceptual approval with 23 conditions. Ms. Johnson reminded Council the AH zone district allows incentives to the free market sector to be involved in providing affordable housing. The incentive is to allow up to 30 percent of the development to be free market exempt from growth management. Ms. Johnson told Council this is the second step of a four-step review. After Council determines conditions of approval, the applicant will make a final development submission. Tom Stevens, representing the applicants, told Council the 7 Regular Meeting Aspen City Council October 13, 1992 developers let the expectations of affordable housing help with the goals for this project. Stevens said they hope the 7 free market lots are bought by local residents rather than second home owners. These lots are not within the affordable housing guidelines but are patterned after the lots in the adjacent Riverside subdivision. Stevens told Council there are buyers waiting for all 16 deed restricted units and for 6 of the 7 free market units. These buyers are all local workers. Stevens said in order to target the local market, there are a lot of balances in this project. The land and infrastructure costs will remain constant; the density design is what allows the development of achieve this market. Stevens said in trying to match the free market units with Riverside subdivision, they also have to deal with 40 years of market appreciation. One of the ways to do this is to make the lots smaller, which will restrict the allowable FAR. These lots will be under 3500 square feet. The number of lots can be reduced; however, the price will go up and these will probably go into the second family home market. Stevens pointed out there are significant site constraints. The majority of the buildings will have to be built into the hillside. There is a 10 foot drop from the riverside ditch to the front of the buildings. Stevens said in order to try and keep the AH units at category 2 and 3, the density grew. Stevens said 16 AH and 7 free market units is the maximum for the site. Stevens said they have tried to use the density to the advantage of the community and the project. Michael Gassman, architect for the project, told Council this is a difficult site; it is uneven, there is an old lake on it. Gassman pointed out something that comes up over and over again in affordable housing projects is livability. Gassman said he designed the buildings with livability and simplicity in mind. People need space, storage and parking. The buildings all have full basements. Gassman pointed out the outside space is limited and they are trying to make it all usable. Stevens told Council the developers held neighborhood meetings. One of the residents concern is access. Riverside Drive is narrow, site distances are bad, there are a lot of children on this road. Stevens said they reconfigured the access from Riverside Drive to Highway 82. Stevens said they have discussed this access with CDOT. Stevens told Council there are 3 resident occupied units proposed in the project. Resident occupied units would allow an employee of this community to buy in the project. Stevens said they do not know what the price of these units would be and are planning to see what the market for 3 bedroom 2 bath units are. 8 Regular Meeting Aspen City Council October 13, 1992 Stevens said the developers have been through the conditions and feel they can handle them. Stevens pointed out that rezoning is not a review at conceptual; however, they would like this reviewed as a threshold issue and would like some comfort that this is a site Council feels meets the objectives of an affordable housing district as this project will go straight to final submission. Stevens pointed out the deed restricted units are between the Crestahaus and an apartment building. This is the same land use as the surrounding areas. The upper portion is adjacent to the Riverside subdivision and the free market units have been tailored to the Riverside subdivision. Stevens said they are compatible with surrounding land uses. This project is within walking distance of downtown. One of the goals of the AH zone district is dispersed housing, which this certainly meets. Mayor Bennett opened the public hearing. Lennie Oates, Riverside resident, said the residents are apprecia- tive the access was moved off Riverside Drive. However, the density of 7 free market lots is too much. The density on the upper bench is being doubled by creating 7500 square foot lots. Oates pointed out the road is a private road and the applicant is using the road in his lot size calculations. Oates said the residents are not objecting to the AH portion of the project. Oates said he would like to se a model of the project with maximum sizes of the houses in relation to the deed restricted portions. Oates pointed out there is no screening of the project from highway 82. Oates questioned a family-oriented project in this particular location. Oates compared the affordable housing on Cooper Avenue of 11,000 square feet of building on 15,000 square feet of lot area, which translates to 72 percent. Oates noted the affordable housing on this parcel is 18,000 square feet to 42,000 square feet of lot, which translates to 49 percent. The free market is 25,000 to 60,000 which is 42 percent. The Riverside subdivision has an average house size of 2,000 square feet which translates to 29 percent lot coverage using the above formula. Oates noted this is a PUD, which allows variance in some factors. Oates said they would like to see the affordable housing spread out more on the site and 4 free market lots. Oates said the neighbors would like to see the building envelopes staked on the lots and have Council and P & Z look at these lots. Oates said lots 6 and 7, because of the configuration, may be extremely difficult to work with. Oates said the residents would like a significant buffer strip between the two subdivisions. Jim Curtis said he believes in and supports affordable housing and 9 Regular Meeting Aspen City Council October 13, 1992 the AH concept on this property. Curtis agreed the density on this property is too high. Curtis said the housing board has made strong recommendations to encourage quality over quantity. Curtis said the community needs to move away from the stigma of affordable housing in one's neighborhood. Doug McCloskey agreed the density is overkill. It will be a difficult area to access off highway 82. Mark, Aspen Edge apartments 1235 E. Cooper, said he is concerned about parking in this area. It is already crowded. Mark pointed out this is a bad intersection. Cars will be infringing on the existing developments. Kathy Welgos, 1295 Riverside Drive, said the developer has been sensitive in re-routing the access to the free market lots off Riverside drive. Ms. Welgos said there is a concern about density in this project. Ms. Welgos said the Riverside residents had to live through the Aspen Club development, which put up a huge wall between the two develop ments. Ms. Welgos agree the free market portion should be reduced to 4 lots. Pete Stone, adjacent resident, said the affordable housing is fine and is needed by the community. There is going to be a lot of traffic in this development to be using it as a area for children. P & Z felt this development was too dense. Stone agreed the developer should stake the lots and do a model. Stone said the average size of the homes in Riverside is 1400 square feet. This area ought to be compatible with the existing neighborhood. It is not compatible to have new houses twice the size on lots that are half the size. Stone said the free market lots should not be sold at a discount at the neighbor's expense. Stone said he would prefer to see both components less dense. Jay Lusan said he is concerned about the quality of life for the new affordable housing residents if they are jammed into this area; they should not treated as second class citizen. Dusty Hamrick said she is concerned about the potential for large homes. Ms. Hamrick said the residents have been overwhelmed by the Aspen Club homes. Donna Fisher said she is not sure this is the right spot for children and families. Ms. Fisher said the community needs to slow down and watch what people are being put into. Ms. Fisher said the density is too much for the neighborhood. Mayor Bennett closed the public hearing. Councilman Peters said when Council looked at this site, they felt it was an appropriate site for affordable housing. Councilman Peters said he thought P & Z would downscale the density, which they have not done. Councilman Peters said some of these problems can be taken care of with design, like FAR which could be sacri- ficed for setbacks. Councilman Peters commended the development team for changing the access; however, this has caused some design 10 Regular Meeting Aspen City Council October 13, 1992 problems with the site. Councilman Peters said he feels this development has promise and would like P & Z to try improve the quality in the lower portion and to decrease the free market units or to make these houses an appropriate scale with the neighborhood. Council man Peters said he feels a model is a good idea. Councilwoman Pendleton said it is hard to envision 7 lots on the upper bench of the property. Councilwoman Pendleton said she too would like to model of this project as well as having the property staked. Councilwoman Pendleton said she agrees with the concept but does not want to see a wall of development. Councilwoman Pendleton said she is willing to give extra density but would like to examine some alternatives. Councilwoman Richards thanked the applicants for trying to do a good AH project. Councilwoman Richards said she has some criti- cisms but would like the applicants to continue through the process. Councilwoman Richards said she would favor AH zoning for this site but the upzoning must merit the expansion. Councilwoman Richards said this proposal does not merit this right now. Councilwoman Richards said this is too much to impose on the surrounding neighbors. Councilwoman Richards said her concern is to have a larger setback from highway 82. Councilwoman Richards requested the FARs be reduced if the higher density is maintained and that the concreted area be reduced and perhaps more green space be added. Councilman Reno said in reading the P & Z minutes and the notes of the neighborhood meetings, they all dealt with the density. These concerns were put aside because the community wants employee housing. Councilman Reno said he feels this community has pushed for numbers of units rather than quality, which has given employee housing a stigma. Councilman Reno pointed out the location makes these units more pedestrian oriented. Councilman Reno said he would like to see either a reduction in the density of number of units or a reduction in FAR to make these more compatible with the Riverside lots. Councilman Reno said he feels the concerns about massive homes are valid. Mayor Bennett agreed he is bothered by the density and by the comparisons to the adjacent developments of 1010 Ute and the Aspen Club. Mayor Bennett said this project is too dense and the FAR should be cut or the number of houses should be reduced. Mayor Bennett said he likes the idea of having the property staked. Ms. Johnson pointed out the Riverside lots are about 15,000 square feet and the allowable FAR is 4500 square feet. The houses in Riverside could be re-developed to 4500 square feet. Mayor Bennett said this proposal does not feel like what the community wants. 11 Regular Meeting Aspen City Council October 13, 1992 Stevens said there have been comments about slowing down in affordable housing. The applicant has been working on this project for one year and it could be another 1-1/2 years before it is complete. Stevens reminded Council the Ute Park project started at 16 deed restricted and 7 free market and at final was dropped to 7 and 3 units. Stevens said the applicants tried to design houses and buyers, not design lots. Stevens said they would be willing to stake the site and provide models. Stevens pointed out these affordable housing units, at 18 by 42, are larger than typical units. The applicants decided to make the units larger and the site smaller. The development can go back to smaller footprint and loosen up the site. The trade off is smaller units. Stevens said he does not feel this is a step in the right direction, but it can be done. Councilwoman Richards said she is more interested in fewer units. Stevens said if the number of free market units is reduced, the number of affordable units will be reduced. Stevens pointed out if the free market lots are fewer but larger, this will be directed at second home buyers rather than the local market. Stevens said the developer tried to match lots size with family income. Stevens said he feels 7 homes at 2500 square feet is compatible with Riverside subdivision. When units are reduced, category 2 and 3 units are lost. Councilman Peters said the idea of resident occupied units is moving ahead of the thinking. The community does not know how to make it work and what it is going to do. The housing board has debated the issue. Councilman Peters said there are too many resident occupied units in this project. Councilman Peters said he could accept raising the lower category units. Councilman Peters said rezoning is conceptually all right; the site is appropriate for affordable housing. The basic concept of the plan for affordable housing is okay; however, the development on the upper bench is too dense. Councilman Peters said there is some argument to increase density, however, P & Z can scrutinize this and make recommendations. Councilwoman Pendleton said she agrees with the rezoning and with the project. Councilwoman Pendleton said she would like a model or the site staked, where the buildings would end, the heights of the buildings, etc. Councilwoman Pendleton said she may be able to live with the density if the FARs were reduced some. Gassman said this development is not twice as dense nor are the houses twice as big as the Riverside subdivision. It may be about 10 percent more dense. Gassman said there is no control over what may happen in the future in Riverside. There could be houses of 12 Regular Meeting Aspen City Council October 13, 1992 4500 square feet, which would be twice the size of these proposed houses. Councilman Peters said he does not feel density reductions are absolutely necessary. There may be another way to accomplish the same ends by using FAR and setbacks. Ms. Johnson pointed out the applicant has offered to increase the setback in the rear of the property from 10 to 25 feet. The R-15 zone district has a minimum setback of 10 feet. Councilman Reno suggested there be story poles in the corners with the setbacks and different colors for different lots. Councilwoman Richards said she does not want to move this forward without a reduction in both the free market and the affordable housing. The project is too dense. Amy Margerum, city manager, recommended Council approve conceptual with some guidance and give this back to P & Z. Council could also continue this hearing until the project is staked or the applicants come back with another design. Ms. Margerum said the latter would delay the process. Mayor Bennett said he would like to approve this conceptually with the direction to P & Z to look at reducing the density. Councilwoman Pendleton said she is not sure she agrees the density should be reduced. Councilwoman Pendleton said she would be willing to look at other arrangements. Mayor Bennett said he feels 23 units on this property are too many. Councilwoman Richards said she will not give final approval to 23 units. Mayor Bennett moved to approve East Cooper affordable housing conceptual PUD with the 23 conditions recommended by planning and zoning commission with the directive to the applicant that Council believes that the density should be reduced in some form or fashion before it goes back to P & Z; seconded by Councilwoman Richards. Stevens said he will look at any type of reduction, from FAR caps, reduction of the units, reduction of the size of the AH units, etc. Councilwoman Pendleton agreed there may be creative ways of making this project look less dense. Stevens said there may be a number of design things that can be done to accomplish this. All in favor, motion carried. ORDINANCE #57, SERIES OF 1992 - 1000 E. Hopkins Kim Johnson, planning office, reminded Council they saw this item on September 14, at which time they decided not to adopt on first reading until the level of improvements could be examined. Ms. Johnson said staff made a site visit and is satisfied the improve- ments are being done. Staff recommends adoption of this ordinance 13 Regular Meeting Aspen City Council October 13, 1992 at first reading with the second reading November 9, at which time the entire renovation should be complete. Rick Neiley, representing the applicant, told Council this is substantially a different project than 30 days ago. The applicant moved forward as expeditiously as possible and committed a lot of money and time. The safety issues like fire alarms systems, were added. This project offers considerable benefits to the community as a reasonably priced de facto affordable housing project. The project contains 19 units with 22 bedrooms and space for 40 people. Neiley said the applicants have gone a long way in addressing the problems Council brought up at the earlier meeting. Neiley told Council they are looking for new management with a program that will provide a better project. Councilman Peters moved to adopt Ordinance #57, Series of 1992, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Richards, yes; Peters, yes; Reno, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #65, SERIES OF 1992 - Special Improvement District Bonds Councilman Peters moved to read Ordinance #65, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #65 (Series of 1992) AN ORDINANCE RATIFYING CERTAIN SPECIAL IMPROVEMENT DISTRICT; PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESS- MENT LOCAL IMPROVEMENT BONDS WITH RESPECT TO UPPER UTE AVENUE IMPROVEMENT DISTRICT, LOWER UTE AVENUE IMPROVEMENT DISTRICT AND PITKIN MESA SUBDIVISION IMPROVEMENT DIS TRICT; PRESCRIBING DETAILS IN CONNECTION WITH SUCH ASSESSMENT, BONDS AND DISTRICTS, INCLUDING THE MANNER OF ADDITIONALLY SECURING AND EFFECTING THE PAYMENT OF SUCH BONDS; PRESCRIBING DUTIES OF CERTAIN PUBLIC OFFICIALS IN CONNECTION WITH SUCH ASSESSMENT, BONDS AND DISTRICTS; APPOINTING A PAYING AGENT AND BOND REGISTRANT; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; PROVID ING OTHER MATTER RELATING THERETO; AND DECLARING AN EMERGENCY was read by the city clerk Dallas Everhart, finance director, reminded Council the city has been involved in different improvement districts and in 1991 approved a budget of $213,000 for the upper Ute district, $328,000 for the lower Ute improvement district. Everhart said at that time the thought was the city would pay for the district and then issue 14 Regular Meeting Aspen City Council October 13, 1992 bonds to cover the exact amount. Everhart said staff recommends issuing these bonds because of the possible limitation that may be placed on the city. This bond will also include the Pitkin Mesa improvement district. Everhart requested this be an emergency ordinance as it will not be published this week. Councilwoman Richards moved to adopt Ordinance #65, Series of 1992, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Peters, yes; Richards, yes; Mayor Bennett, yes. Motion carried. Steve Jeffers, George K. Baum, told Council he will modify the offering document. It will be complete this week and the bonds will be offered next week. 15 Regular Meeting Aspen City Council October 13, 1992 PARTIAL RECALL - 1980 Housing Bonds Dallas Everhart, finance director, told Council that due to the current market staff has been looking at different investments as well as interest rates being paid on different items. Staff recommends Council spend $1.6 million out of the housing daycare fund for a partial recall of the 1980 housing g.o. bonds. This reduces the investment interest the city will be paying. Craig Overbeck, assistant finance director, pointed out there is a memorandum outlining all the possible uses for the housing day care fund. Overbeck said if this refunding is done out of the housing daycare fund, it will leave the general fund fund balance in tact. There are monies available in the housing day care fund. Overbeck proposed the housing fund lend the general fund the $1.6 million. Starting in 1995 the general fund can pay back the housing fund. Staff is recommending bonds be called for 1997 through 2000. Councilman Peters moved to suspend the rules until 9:30; seconded by Councilwoman Pendleton. All in favor, motion carried. Overbeck said staff feels there is enough cash in the housing fund to covers all possibilities listed in staff's memo and well as to recall the bonds. Overbeck said these bonds can only be called November 15 or May 15 and there has to be a 30 day notice in the paper. Council has to decide this issue tonight or wait for 6 months. Councilwoman Richards said she has hesitations about moving forward without more consideration for the projects in the housing daycare. Councilman Peters said he shares these concerns but agrees with trying to find ways to get more money for the city's investments. Councilman Peters pointed out the plan for the housing fund omits any expenditures for Castleridge. Council agreed with not doing anything on this tonight and looking at it again in 6 months. ORDINANCE #61, SERIES OF 1992 - H Designation 529/531 E. Cooper Councilwoman Pendleton moved to read Ordinance #61, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #61 (Series of 1992) AN ORDINANCE DESIGNATION 529 EAST COOPER AND 531 EAST COOPER AS "H" HISTORIC LANDMARK PURSUANT TO DIVISION 7, SECTION 7-701 OF CHAPTER 24 OF THE MUNICIPAL CODE was read by the city clerk 16 Regular Meeting Aspen City Council October 13, 1992 Kim Johnson, planning office, noted this is the first project requesting designation which meets all 6 review standards. Councilwoman Richards moved to adopt Ordinance #61, Series of 1992, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Peters, yes; Reno, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #62, SERIES OF 1992 - Aspen Electric Subdivision/Rezoning Councilwoman Pendleton stepped down due to conflict of interest. Councilman Reno moved to read Ordinance #62, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. OR DINANCE #62 (Series of 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVI- SION, REZONING FROM MODERATE-DENSITY RESIDENTIAL PUD (R- 15) TO AFFORDABLE HOUSING (AH), GMQS EXEMPTION AND CONDOMINIUMIZATION, LOT 3, SUNNY PARK NORTH SUBDIVISION, PARK AVENUE, ASPEN, COLORADO was read by the city clerk Leslie Lamont, planning office, told Council the applicant proposes to subdivide his property to create a new parcel for a deed restricted triplex. P & Z reviewed this and recommends approval of the subdivision and rezoning. The P & Z established the parking by special review. This is located at lot 3 of Sunny Park north subdivision. The county commissioners approved a lot line adjustment between the county property and the Siegel parcel to give 8,000 more square feet in order to make this a conforming lot. There will be an existing single family house on one lot and an AH triplex on the other lots. There will be 2 two-bedroom units of 840 square feet in category 2 and 1 four-bedroom unit of 1065 in category 4. The subdivision also includes condominiumization. Councilman Peters moved to adopt Ordinance #62, Series of 1992, on first reading; seconded by Councilman Reno. Councilman Peters said Pitkin County should be commended for making this happen. Roll call vote; Councilmembers Peters, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #63, SERIES OF 1992 - Amending the Powers and Duties of the Wheeler Opera House Board 17 Regular Meeting Aspen City Council October 13, 1992 Councilman Peters moved to read Ordinance #63, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #63 (Series of 1992) AN ORDINANCE OF THE CIT Y OF ASPEN, COLORADO, REPEALING ORDINANCE NO. 10 (SERIES OF 1982) AND RE-ENACTING AN ORDINANCE TO CHANGE THE POWERS AND DUTIES OF THE BOARD OF DIRECTORS OF THE WHEELER OPERA HOUSE was read by the city clerk Jed Caswall, city attorney, reminded Council this arises out of a discussion they had with the Wheeler Board as to what authorities were vested with the Board. This ordinance will make those authorities consistent with that discussion. Amy Margerum, city manager, said the city manager will be responsible for management on a daily basis. Councilman Reno moved to adopt Ordinance #63, Series of 1992, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #64, SERIES OF 1992 - Reorganization Councilwoman Pendleton moved to read Ordinance #64, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #64 (Series of 1992) AN ORDINANCE AMENDING ORDINANCE NO. 56 (SERIES OF 1990) TO REFINE THE CITY MANAGEMENT STRUCTURE was read by the city clerk Councilwoman Pendleton moved to adopt Ordinance #64, Series of 1992, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 9:45 p.m.; seconded by Councilman Peters. All in favor, motion carried. RESANCTIONING $75,000 DONATION TO PIONEER PARK Mayor Bennett said he is not questioning the donation but is questioning the city doing the upkeep and maintenance, which was 18 Regular Meeting Aspen City Council October 13, 1992 not part of the original negotiation. Jed Caswall, city attorney, reminded Council there was an executive session to discuss the settlement of the lawsuit. One of the potential elements was in fact if a deal could be put together, would the city be willing to do the maintenance. Caswall said it was his understanding if this was the only thing holding up the deal, Council agreed. Caswall said the settlement is that the purchaser will buy lots 1 and 2 of Pioneer park, do a plat amendment which will shrink the size of the open space parcel, reducing the cost of that parcel to the trust. The trust will purchase the open space. The purchasers of Pioneer Park will contribute a portion of the price of the open space as a tax donation. Les Holst said the trust will get 3 lots for $500,000 as opposed to $600,000. The open space has shrunk about one-quarter. Councilman Peters asked if the city will be maintaining the park as an amenity for the neighbors rather than city open space. Holst said the demographics to the tent will be changing and this is one of the major corridors to the tent. A monolithic structure on this parcel will be a detriment to the neighborhood. Councilman Peters asked what assurances there are that the lot will not be redeveloped. Holst said the purchasers feel the financial viability of Aspen is tied into historic preservation. Caswall said the purchasers will not get any additional development rights as a result of increasing their lot by 20 percent. Caswall suggested the planning director not approve the plat amendment unless the purchasers give up any development rights. Mayor Bennett asked if staff has an estimate of what it will cost to maintain this park. Amy Margerum, city manager, said it will be marginal; however, all the marginal things add up to another staff person eventually. Councilwoman Pendleton said she wants this park to be available to the public and to look like it is available, not just someone's backyard. Councilwoman Richards moved to resanction the $75,000 donation for Pioneer Park for 45 days; seconded by Councilman Peters. All in favor, motion carried. PM 10 Amy Margerum, city manager, told Council staff attended a meeting in Denver October 1 with the CDOT, state health department and state attorney general's office to talk about the PM 10 plan. At that point, the state was proceeding with submitting a state mandated plan that Aspen/Pitkin County felt did not have much to do with Aspen. They had given up on the plan where Aspen would have until next spring to come up with the control strategies. EPA did 19 Regular Meeting Aspen City Council October 13, 1992 not accept that and said Aspen needed to proceed immediately with ordinances that the state could enforce as opposed to the locali- ties. The purpose of the trip was to allow Aspen and Pitkin County to go forward with control strategies staff and the Clean Air Board has come up with and use the state plan as a default plan. Ms. Margerum told Council at the meeting they agree to that approach; however, it is not known whether the EPA will accept that. There is a hearing in Denver for the state air commission to adopt the Aspen element of the state implementation plan. Ms. Margerum said this will be a first reading of the proposed rule with a 60 day notice period. Ms. Margerum said Council should review the control strategies going into this plan to make sure they are comfortable with them. The state default plan is very close to Aspen's plan except the state feels strongly about imposing mandatory regulations on restaurant grills. Ms. Margerum said this would be very costly to restaurants and would not make much of a difference in the air quality. Ms. Margerum proposed to come back with a resolution at the special meeting October 14th. Councilwoman Richards moved to suspend the rules and extend the meeting to 9:55 p.m.; seconded by Councilman Peters. All in favor, with the exception of Councilwoman Pendleton. Motion carried. Lee Cassin, environmental health department, told Council this has been a horrible process and has not served the city well. Ms. Cassin noted there are 4 strategies in the default plan proposed by the state. These are requiring precipitators on restaurant grills, which are at most 3 percent of the problem. The state is looking for a 50 percent improvement, this is 1.5 percent. The second is requiring hard sand, the state's definition of hard sand is about 3 times dustier than that currently being used by the city. The third is a voluntary no-burn on high pollution days. The fourth is a sweeping program which is unrealistic and does not jive with the conditions in Aspen in the winter. Ms. Cassin said the city is proposing these go into effect on April 1st if Aspen does not adopt other regulations. Ms. Cassin said staff tried to get credit for measures the city is already doing and things the transportation implementation plan has recommended. These are sweeping highway 82 out to the airport, sweeping Maroon and Castle Creek bridges, sweeping on a more realistic basis, continuing the voluntary no-burn program, instituting a voluntary no-drive, a parking program combining residential permits and pay for parking in the downtown, new buses and the cross town shuttle. Ms. Cassin said after this winter, staff will know more what the new sweeper can do and can make recommendations to amending that program. 20 Regular Meeting Aspen City Council October 13, 1992 Jed Caswall, city attorney, told Council staff has been told two different things in as little as 24 hours. Caswall said the EPA just told staff this is the first they have heard of Aspen's proposal. Caswall said the EPA intended to adopt these regulations on an emergency basis without a public hearing or public notice. Caswall pointed out there is a strategy that requires the city to impose $1 per hour paid parking in the commercial core. Ms. Margerum said the EPA is threatening the state if the plan does not go forward, the state will not be able to proceed with their rule making and may have to adopt a federal implementation plan. The state is afraid they will lose federal funds. Ms. Margerum said staff representatives as well as restaurant representatives will attend the meeting Thursday. Councilman Peters moved to continue the meeting to October 14th at 5 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Council left the meeting at 10 p.m. Kathryn S. Koch, City Clerk 21 Regular Meeting Aspen City Council October 13, 1992 PROCLAMATION - Energy Awareness Month 1 .......................... CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 3 ................................ ......... CONSENT AGENDA 3 ................................ ................. LIQUOR LICENSE HEARING - HAP Holdings Inc. d/b/a Paradise Club 4 . LIQUOR LICENSE HEARING - Savanah Limited Partnership d/b/a Ritz Carlton 4 ................................ .............. ORDINANCE #18, SERIES OF 1991 - Institutional Controls Smuggler 5 ................................ .................. ORDINANCE #56, SERIES OF 1992 - G. O. Bond Refunding 5 ........... ORDINANCE #58, SERIES OF 1992 - Historic Designation 434 W. Smuggler 6 ................................ .................. ORDINANCE #59, SERIES OF 1992 - Appropriations 6 ................. ORDINANCE #60, SERIES OF 1992 - Code Amendment Office Mixed Use and GMQS Exemption for Historic Landmark 6 .............. EAST COOPER AFFORDABLE HOUSING CONCEPTUAL PUD 7 .................. ORDINANCE #57, SERIES OF 1992 - 1000 E. Hopkins 13 ............... ORDINANCE #65, SERIES OF 1992 - Special Improvement District Bonds 14 ................................ ..................... PARTIAL RECALL - 1980 Housing Bonds 15 ............................ ORDINANCE #61, SERIES OF 1992 - H Designation 529/531 E. Cooper 15 ................................ .................... ORDINANCE #62, SERIES OF 1992 - Aspen Electric Subdivi- sion/Rezoning 16 ................................ ............. ORDINANCE #63, SERIES OF 1992 - Amending the Powers and Duties of the Wheeler Opera House Board 16 .......................... ORDINANCE #64, SERIES OF 1992 - Reorganization 17 ................. RESANCTIONING $75,000 DONATION TO PIONEER PARK 17 ................. 22 Regular Meeting Aspen City Council October 13, 1992 PM 10 18 ................................ .......................... 23