Loading...
HomeMy WebLinkAboutminutes.council.20040412Regular Meeting Aspen City Council April 12, 200a PROCLAMATION Crime Victims' Week .......................................................... 2 CITIZEN COMMENTS ............................................................................................... 2 COUNCILMEMBER COMMENTS ........................................................................ 2 CONSENT CALENDAR ............................................................................................. 3 · Resolution #24, 2004 - Contract Parks Backhoe .................................................... 3 · Resolution #25, 2004 - Contract Snowcat Streets Department .............................. 3 · Resolution #27, 2004 - Contract Golf Course Turf Fertilizer ................................ 3 · Board Appointments ............................................................................................... 3 P&Z Brandon Marion - alternate ........................................................................... 3 · Appointment of Petition Protest Heating Officer ................................................... 3 · Minutes - March 22, 23, 2004 ................................................................................ 3 RESOLUTION #26, 2004- Railroad Corridor Comprehensive Plan Change Procedure .......................................................................................................................... 4 ORDINANCE #8, SERIES OF 2004 - Supplemental Appropriations ............ 4 ORDINANCE #4, SERIES OF 2004 Visitors' Center COWOP ................... 5 ORDINANCE #7, SERIES OF 2004 - Code Amendment Deleting Growth Management Cormnission ......................................................................................... 20 ORDINANCE #9, SERIES OF 2004 - Aspen Mountain PUD Section M Amendment ................................................................................................................... 21 RESOLUTION #28, SE~ES OF 2004 Aspen Mountain PUD Temporary Use ................................................................................................................................... 22 RESOLUTION #29, SERIES OF 2004 - AsPen United SOccer Club Temporary Use ....................................................... ...................................................... 22 RESOLUTION #30, SERIES OF 2004 Chart House Appeal of Growth Management Scoring .......................................... . ........................................................ 23 Regular Meeting Aspen City Council April 12, 2004 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, Semrau, Paulson and Richards present. PROCLAMATION - Crime Victims' Week Mayor Klanderud and Council proclaimed the week of April 18 through 24 to be City of Aspen crime Victims' Week and recognized crime victims and those who serve them and citizens should value a system of justice in our nation that includes and involves crime victims. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Mayor Klanderud thanked the reCreation staff for the great NHL/Aspen Trashmen hockey game as well as the free day at the Aspen Recreation Center. Mayor Klanderud thanked all the staff for making it a great day and Greg and Jane Hills for arranging for the NHL players to be in Aspen. 2. Councilman Torre noted there was a visit last week from Aspen's Sister City, Chamonix, France. Councilman Torre said the Sister City group did a lot of work and it is important to continue to keep up relationships with Aspen's sister cities. 3. Councilman Torre said the Aspen Youth Council held an event last week at the high school, a valley wide teen dance, as a fundraiser for the Youth Council's scholarship and grant program. Councilman Torre said applications for these funds are available for any student seeking to further their arts or athletic education. 4. Councilwoman Richards reminded everyone Tuesday, April 13 is the Republican and Democratic caucuses in Pitkin County. 5. Steve Barwick, city manager, told Council the executive session at the end of the meeting should be cancelled. Regular Meeting Aspen Ci~ Council April 12, 2004 6. Mayor Klanderud reported she and Councilman Paulson attended the RFTA meeting last week and passed on Council's request to have a consultant do a structural analysis of the efficiency and effectiveness of RFTA. The RFTA Board directed the CEO to return on either hiring a consultant or coming up with a plan to do this analysis. The multi-year funding plan will be on the agenda for the May 8th RFTA meeting. 7. Mayor Klanderud said Food & Wine is June 18 to June 20th and is almost sold out. ACRA met its membership budget for March. The second annual Arts Fair is proposed for July 30 - August 2. CONSENT CALENDAR Councilman Paulson requested Resolution #26, Railroad Corridor Comprehensive Plan Change Procedure be pulled. Councilwoman Richards moved to adopt the consent calendar as amended; seconded by Councilman Torre. The consent calendar is: · Resolution #24, 2004 Contract Parks Backhoe · Resolution #25, 2004 Contract Snowcat Streets Department · Resolution #27, 2004 - Contract Golf Course Turf Fertilizer Open Space P&Z Wheeler Opera House · Board Appointments Craig Ward as a regular member Brandon Marion - alternate Ron Erickson At large Sy Coleman - At Large Cathy Markle - At Large Tyler Baker - Youth Representative · Appointment of Petition Protest Hearing Officer · Minutes - March 22, 23, 2004 All in favor, motion carried. Regular Meeting Aspen City Council April 12, 2004 RESOLUTION #26, 2004 - Railroad Corridor Comprehensive Plan Change Procedure Councilman Paulson said his concern is when Boardmembers will receive information about these changes. Rene said the recommended change is to adopt a policy at RFTA to always give at least 30 days notice to each jurisdiction and also to notice it on the agenda so the Board members will have a month to know about these COlTidor plan changes. Councilman Paulson moved to adopt Resolution #26, Series of 2004; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #8~ SERIES OF 2004 ~- Supplemental Appropriations Michael Phillips, finance department, told Council there have been n© changes since first reading. Phillips said this ordinance increases the appropriation authority of $3.54 million. The general fund increase is $1.69 million in unspent savings carried forward from 2003. $142,000 is items meant to be carried forward at 100% of which $49,000 is engineering, $183,000 is 50% savings that departments get to carry forward. The new requests in the general fund are $316,000 based on previous Council direction. Mayor Klanderud asked about the $20,000 contribution to Jazz Aspen. Phillips said this was left out of the budget as Jazz Aspen was not sure at time of grants that they were going to have Jazz concerts in Aspen. Mayor Klanderud opened the public hearing. Toni Kronberg asked if this is money from last year. Steve Barwick, city manager, said the ordinance has both last year's savings and requests for this year's budget. Ms. Kronberg asked if there is money for improvements to the Maroon Creek bridge, the S-curve study, Main street pedestrian improvements, improvements for the ice rink, bleachers out by the swimming pool, the ARC business plan, the Ski Club. Mayor Klanderud said the S-curve and streets are in this ordinance. This is the approval for projects already approved to be included in the 2004 budget. Mayor Klanderud closed the public hearing. Councilman Semrau moved to adopt Ordinance #8, Series of 2004, on second reading; seconded by Councilman Paulson. Roll call vote; 4 Regular Meetin~ Aspen City Council April 12~ 2004 Councilmembers Richards, yes; Torre, yes; Semrau, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #4, SERIES OF 2004 Visitors' Center COWOP Mayor Klanderud read from the City Attorney's memorandum on conflict of interest, that Courts presume integrity and impartiality by those serving in quasi-judicial capacity. Someone challenging that presumption has the burden of proof. Mayor Klanderud said'the question of her impartiality has been raised because one of her sons works at ACRA. Mayor Klanderud stated her son is not involved in any decision making having to do with this project. Mayor Klanderud stated she has no personal, financial or official stake in the outcome of thls decision. Councilwoman Richards said she works for Aspen Activity Center, an advertising distribution firm, and she does deliver advertising for the ACRA. Councilwoman Richards stated she receives no commissions on these brochures and has no financial interest in the outcome of this decision. John Worcester, city attorney, noted he reviewed the Charter and the City Code of Ethics. Worcester reminded everyone the City Charter requires Council to vote on all matters before him . or her unless there is a substantial financial or personal interest in the outcome. Worcester said it was brought to his attention that an HPC member may have had a conflict as he worked on some projects for ACRA. Worcester said the HPC member should have stated that conflict. Worcester stated in the COWOP process, the HPC is an advisory committee to Council. The HPC reviewed this conceptually. If this ordinance is approved, the project will go back to HPC for final approval. Derek Skalko said he serves on HPC and also served on the COWOP for the Visitors' Center. Skalko t01d Council the work he did for ACRA was for the existing location. Skalko said he favors this project even though he would make money if this ordinance were to be defeated. Skalko stated he made it clear at meetings that he was doing work for ACRA. Chris Bendon, community development department, told Council this is the conclusion of the COWOP process for the Visitors~ Center. Bendon said the Civic Master Plan has been in process since 2000. One issue that came up in the Civic Master Plan discussions is that Aspen does not do a good job of visitors' services. The visitors' center is hidden and is a challenge for visitors to find. Bendon said although signage is important, the town cannot relv on that entirely. The Civic Master Plan group discussed the connections Regular Meeting Aspen City Council April 12, 2004 from the Roaring Fork River to downtown. One of the connections is through the Galena street corridor and the Rio Grande park. Bendon said a visitors' center needs about 1,000 square feet. The Civic Master Plan group suggested staff explore the potential of this site at Main and Galena, with which Council agreed. Staff initiated diSCussions with the property owner and then went into a COWOP process. Council established the COWOP task force, which included interested neighbors, citizens with a wide range of backgrounds. The task force looked at whether the visitor center should be moved and whether the site at Galena and Main is the best site. Bendon said the first question was easy to answer. The task force felt the current site is dismal, hidden and remote and has a fatal flow by its location. The second question was more difficult. The task force analyzed transportation, parking, zoning, and orientation of the building, the historic district. The task force then recommended Council pursue the site at Galena and Main. Council requested more analysis on alternate, sites, a longer lease, and a request to separate the ACRA offices and the visitor center. The task force looked at 16 additional sites, applying 19 criteria to these sites which included way finding, visibility, transportation, proximity to downtown, whether obtaining the site was realistic and parmership opportunities. The COWOP task force returned to Council with an 11 to 1 vote to proceed with the Galena and Main site. The task force then proceeded with the land use reviews. Bendon pointed out the city's downtown retail consultants looked at downtown infrastructure, including the'visitors' center. Bendon read from the retail report stating the current Aspen visitors' center is difficult to find and too far from the downtown. Bendon said the elements to make a visitors' center successful are location, architecture to be proud of and make the guests feel wanted, easy for guests to use including bathrooms and use of the most current technology. Bendon said close and available parking is important. The suggestion is to move police parking to the alley and allow 6 spaces on North Galena and 6 spaces on Main be used for this visitors' center. This would require an SPA amendment for the Rio Grande parking garage. This proposal also requires relocation of 3 trees; these trees can be replanted within the same planter box. Bendon noted the drainage on this site was not done properly and this is an opportunity to fix the leak into the garage. 6 Regular Meeting AsPen City Council April 12, 2004 Bendon noted this is located in the commercial core, which allows 40 feet. This proposed building is in full compliance with the dimensional requirements for this zone; parts of the building are below the allowable height. Bendon said staff and the architect reviewed the plans as well as the way the height is measured. Staff also reviewed the plans with counsel for the neighbors. Bendon said this property is within the Main street historic district. It was reviewed by HPC and received unanimous approval at conceptual stage. Staff recommends approval of this project.. Bendon said this is an ideal location for a visitors' center; it is visible, it is in a central location; it fits within the zoning; it is easy way finding; it has a civic presence which is important fora property visitors' center. Bendon said the task force feels this is an important investment in tourist infrastructure to meet the comment - welcome guests like you mean it. Gideon Kaufman, representing Millennium Plaza, told Council his clients participated in the COWOP process. Kaufman noted there have been 3 separate reviews that have lead to this request for a visitors' center at this spot. The Civic Master plan group found the current location for the visitors' center lacking. The city of Aspen hired consultants to examine Aspen's downtown and to make suggestions on how to revitalize it. In the consultant's report, the current location of the visitors' center was cited as being an impediment to what the city is looking at doing. The consultant's report said a better location, like on Main street, should be found; a location that was visible and tourist friendly. Kaufman told Council the Civic Master plan group examined opportunities and sites for new visitor's center. After numerous meetings, the Civic Master plan group determined the location at North Galena and Main was the best location. Kaufman said after the Master Plan group agreed to the site, the previous City Council determined this site should be pursued. At that point, the Millennium Plaza was approached and agreed to participate. The COWOP task force was comprised of a diverse group of the community, representing various segments of the community. The COWOP task force was directed to study whether or not this site was the best site for ACRA and for the community, whether or not this site was a location that met community needs and land use standards. The task force liked the faCt this was a site that had a willing parmer and was a viable option. Kaufman said Council was given the opportunity to examine the site and the economic ramifications. At the end of the process, the COWOP task force expressed support for the site. The property owner gave council development options and the city chose Regular Meeting Aspen City Council April 12~ 2004 ownership rather than'rental. Kaufman stated this visitors' center will serve the city today and into the future. Kaufman said whenever there is new construction, people may be affected by that construction. Council has to weigh community benefits and individual impacts. Kaufman said there would be substantial community benefit if the visitor center is moved to this location. Kaufman stated this is not open space. This is a site that can and will be developed. This property is zoned for a 40-foot high building. Kaufman said people recently purchased units adjacent to this site and purchased with the knowledge that a building of 40 feet was permitted under zoning. Kaufman said no one wants their views compromised; however, it would be a shame to lose this location for the visitors' center. The other sites studied by the COWOP task force were either unavailable or had significant drawbacks. Kaufman said the task force did a matrix comparing sites and this matrix showed this was the superior site among 16 sites. This project was unanimously approved at conceptual review by HPC. This building meets the height, setback and density of underlying zoning without any dimensional variations. Kaufman said the unique location and private/public partnership offers an opportunity for the community to better serve the tourists. Bill Poss, architect, presented the plans inCluding a site analysis of August 2003 showing the location and the proposed site. Poss told Council they looked at proposed view planes, looked at an entrance statement so the building can be identified 'as a visitors~ center. Poss said this building will have a contemporary component on the third floor. Poss said his team analyzed the street scene along Main street, the adjacent buildings and historic materials that have been used. Poss showed the massing studies dated August 26, 2003. Poss went through the "view" and the "context and imaging" boards. Poss told Council he met with ACRA and went through the spaces needed. The street level will have public access to the visitors' center with a 24-hour display, access to telephones and restrooms. The second and third levels contain residential units. Poss showed "existing parking plan AugUst 2003", analyzed what is existing and what could be added. There is metered parking on Main street, bus stops and no parking across Main, carpool parking in front of St. Mary's, no parking in front of the courthouse. The parking on North Galena is used by public safety. Poss suggested 15-minute visitor parking in front of the building on Main street. The public safety parking can be relocated to the Regular Meetin~ Aspen Cit,v Council April 12~ 2004 top of the parking garage on the north side of the alley and this would allow for visitor's parking on North Galena. Poss told Council these materials were presented to HPC at conceptual review. Poss presented elevations showing that the visitors' center is not more than 40 feet in height. Hana Pevny, president ACRA, said as the city's partner in tourism and marketing, their mission is to serve the city by attracting visitors to the resort. A prominent and visible visitOrs' center is important to the community and its economic sustainability. Ms. Pevny said other resort communities all have visitors' centers on the Main street. The downtown consultants recommended a visitors' center on Main street. Ms. Pevny said this is a good investment for the community. Paul Menter, finance director, told Council the purchase price for this is $1,030,000 at a 5% financing rate over 20 years. The annual purchase payment from the city will be $82,650 plus insurance and utilities at $10,000 annually. ACRA will pay $50,000/year in rent leaving an impact to the city of $42,650/year in the general fund. Menter reminded Council for the current ACRA location, there are restrictions on the use of the property until 2008. There could be rent from the current location to offset the net cost. Councilman Semrau noted there are currently 6 parking spaces for the visitors' center and this plan includes 12 parking spaces. Councilman Semrau asked if 12 spaces will be adequate. Ms. Pevny said this is short- term high turnover parking and 12 will be adequate. Councilman Semrau asked if there is an estimate of increased usage by moving the visitors' center to Main street. Ms. Pevny said they estimate 1/3 more visitors than current, which would be an additional 86,000 visitors. Mayor Klanderud opened the public heating. Richard Timber, owner of a unit in Galena Lofts, stated he is against the visitors' center. Timber said the COWOP did not analyze everything. This money would be better spent elsewhere. Frances Euler said the city has not put up signs so people can find the visitors' center. These signs could be colorful and fun. Ms. Euler asked if the 12 spaces will accommodate trailers and campers. Ms. Euler asked if the grass area behind the library will be affected. Janet Garwood said she is concerned about a 20-year obligation of $1 million and money that cannot be used for other city projects. Ms. Garwood said dUring the last budget process she did not hear any mention of this cost for a visitors' center. Regular Meetin;~ Aspen City Council April 12, 2004 Karen Crepps read a letter into the record from Sue Geist stating she would rather see the city install visible signage at the entrances to Aspen. This would be a must less expensive fix and could work. Ms. Crepps said she, too, is against moving the visitors' center. Candy Allen, owner of Galena Lofts, said the views are important to the owners of Galena Lofts; however, they feel this location is a poor choice because Galena and Main is a busy intersection, because the parking is limited, congestion is a problem, there is the bank, drive through and parking and police in the area, 2 Galena street shuttles every 7 minutes, drop off book returns for the library. This is a small space with little room for improvement and a visitors' center will add more congestion. Dana Hall read a letter from Carol Hooper who is opposed to the location because it is congested and dangerous for auto and pedestrian traffic. Ms. Hooper said better signage to direct visitors to the present visitor center would be more appropriate. Removing trees and open space for a 40-foot high building is a disgrace; there is so little open space in downtown as it. Curt Sanders, representing Galena Lofts, noted a statement was made that the Galena Lofts owners bought their property knowing there would be development in front of them, which could be a 40-foot structure. Sanders said in the paperwork for the underlying subdivision, there is a condominium declaration for the Galena subdivision which is a set of protective covenants The subdivision created two lots, lot 2 is where the Galena Lofts and the proposed visitors' center. Sanders said the covenants prohibit owners from asking the city for anything beyond what is allowed in the commercial core district. Sanders said the height of the proposed building is allowed in the zoning code; however, there are other requests that exceed what is permitted by right in the CC zone district. The CC zone allows 1.5:1 FAR and the request is for 1.92:1 FAR ratio. The project also exceeds density allowed in the CC zone district. Tom Smith, representing Debra and Chuck Caldwell, noted this project is identified as the Aspen Visitors' Center and the visitors' center is only 1 of 9 units, representing less than 10% of the FAR of the project. This is a mixed- use commercial and residential project. Smith said exempting this project from growth management when the public portion is only 10% is not right. Smith said the project could go through the proper procedures for housing and parking mitigation for the 90% that is not public use. This request is not only for an exemption from growth management but also requests an 10 Regular Meeting Aspen City Council April 12~ 2004 exemption from the exemption. Smith said there has not been a comprehensive analysis of the overall parking needs of this project based On the additional commercial and residential development. Smith said there is no reason to exempt this project from the affordable housing mitigation. The project represents commercial and residential growth in the city. Smith questioned the argument that people do or do not come to Aspen because there is a visitors' center. Smith noted there are incremental costs for failing to require mitigation. This project has 8 units of development that will not pay its way. Sy Coleman said his concerns that the city and ACRA have a high standard to meet in their statements to the paper. Coleman said there were claims made by the ACRA in a letter to the editor about the positive fiscal impacts of this project to the community. Rick Jones, ACRA Board, told Council the Board has not voted on the COWOP process. The Board did vote on supporting the Frick and Beer report, which stated Aspen needs a more visible visitors' center. Jones said a majority of the ACRA supports the COWOP process. Gene Hyder stated this location is horrible. The million dollars could be better used. Hyder said there are 3 visitor center locations Currently and these should be better utilized. · Jack Johnson, P&Z representative on COWOP, stated a town that is dependent on tourism needs a highly visible visitors' center. This location is ideal because of the uses on this comer. Johnson supports this location for a visitors' center because it follows the AACP and Civic Master Plan. Bennett Bramson, COWOP and civic center task force member, told Council his goal is to make Aspen as guest friendly as possible. The competition from other resorts is taking away Aspen's customers. Bramson said the COWOP process was complete, thorough, detailed, extensive and objective. There were many views represented on the COWOP. These meetings were open to the public. The group visited various possible sites; discussed parking, bathrooms, height restrictions, variances or not, zoning, and visitor friendliness. Bramson told Council this site was by far the best option. Bramson noted this site could be something more intrusive than a visitors' center. Lennie Allen, Galena Lofts homeowner, suggested the visitor center could be relOcated to the previous youth center without spending $1 million. Allen said the protective covenants do run with the land and there is a 1.5:1 FAR on this site. The covenants forbid any variances from underlying zoning. 11 Regular Meeting Aspen City Council April 12, 2004 The city's attorney should look at these covenants. Blake Hull, Galena Lofts homeowner, said what the COWOP approved is different from the project presented to Council. Hull referred to the minutes of August 28, 2003, updates from the COWOP about the building owner meeting with the architect and having the 3rd floor removed. Hull said the COWOP was never informed of the city's intention to purchase this building. The COWOP reviewed a different design and a different style of ownership.- Jim Markalunas said it is currently difficult to find parking in this area. Markalunas said this proposed building is out of character with the surrounding historical buildings. Markalunas said this site is problematical and he cannot see visitors circling around this intersection trying to find a parking space. The visitors' center is doomed to failure in this location. Nancy Hendricks, works for ACRA one day a week, told Council she is against moving the visitors' center. Ms. Hendricks noted that perhaps the Cities studied may not have had a municipal parking garage right next to the visitors' center. The Obermeyer project will make the area more attractive. There can be color-coded signs pointing visitors to the existing center, put a colored awning in front of the visitors' center. Norma Dolle told Council she is against moving the visitors' center. Ms.. Dolle-agreed more signs should be added. Ms. Dolle said the parking is difficult and visitors may use the bank Parking by accident. Marsha Goshom said a visitors' center in this visible location needs to be open when visitors need it. The currently visitors' center is closed weekends, evenings and holidays and only operates from 9 to 5 p.m. Ms. Goshom noted the city held themselves to a lower standard for affordable housing than they hOld other applicants. Stephen Isberian said the concern should be for Aspen and the viability of being a tourist town. Isberian said parking has always been an issue in Aspen. The signage for the current visitors' center is not sufficient. Isberian said visibility is everything and with a location on Main street, people will know where the visitors' center is. Bill Stifling said this location seems fraught with concerns - taxpayer cost of the purchase, an unneeded development, overwhelming a small comer, not every business in Aspen is a member of ACRA and ACRA only markets member businesses. Stifling said he feels a better location is at the Wheeler Opera House on the Mill street side, which is where the Chamber was located in the 60's and 70's. Ruth Kruger, P&Z and COWOP taSk force member, said they spent many hours' analyzing this and other locations to 12 Regular Meeting Aspen City Council April 12, 2004 make sure they chose the best location for a visitors' center. Ms. Kruger said Main and Galena is the best location for a visitors' center. Ms. Kruger' said the city is getting a discount in the purchase price and this is a good investment for the city. Andy Regan agreed with Ms. Kruger and favors this location for a visitors' center. Ms. Regan said she would like the city to be more user friendly. Maria Camp noted there used to be a visitors' center on Main street and it moved. Ms. Camp said she feels the figures projected for increased sales tax from a new visitor center are inflated. Ms. Camp said this is not a good location. Kathy Brian said her first and lasting impression of Aspen is the ' mountains and the view from the existing visitors' center is beautiful. Ms. Brian said visitors shoUld not be on Main street worrying about traffic and congestion. Ms. Brian said the cost is too' high. jaylene Park, US Bank, COWOP member, said the process was not flawed. There were 12 people brought together to evaluate whether to move the current visitors' center. Ms. Park said there was no dissention about that. The second issue is whether the Main and Galena site is the best site. Ms. Park said everything discussed at this meeting was discussed at the COWOP meetings. Ms. Park said 15 minute visitor Parking and relocating public safety parking will make a better situation. Ms. Park said the costs are favorable to the city and if not done, the city may loose a great opportunity. Ms. Park said the COWOP is enthusiastic about this location. Derek Skalko, HPC and COWOP task member, told Council this is a great project for the future of Aspen. Skalko encouraged everyone in the community to get involved with community groups, politics and issues. Bert Myrin said this development has no affordable housing component and the city is applying one set of rules to its own development. Myrin urged Council to require on-site mitigation for employee housing, which cost should be borne by ACRA members. Karen Woodward said she would like AC.gA to do a better job and moving the visitors' center will not make them do a better job. Ms. Woodward said she' agrees with a better center at the Wheeler Opera House, she is there everyday, people go there to buy tickets. Tom McCabe said he is disappointed with the final product for all this expense. This is-called a visitor center, whose primary goal should be to help visitors; howeyer, it appears as the square footage devoted to the visitors is very small. COWOP is supposed to be for the convenience and welfare of the public as a land use device if it enhances the public Welfare. 13 Regular Meetin~ Aspen City Council April 12, 2004 McCabe said this does not increase the public health or safety. McCabe said there are more bathrooms downstairs for ACRA staff than there are for the visitors upstairs. Jennifer Albright Carney, ACRA staff, said the purpose of this project is to serve the visitor and to give them a place to come on the way into town. Ms. Carney said her observation over the last 6 years at the ACRA is the current 6 parking spaces are often full. Georganne Waggaman said she is Opposed to this project. It is difficult to access Main street from North Galena now. Ms. Waggaman agreed the current visitors' center needs better signage and better bathrooms. Ms. Waggaman said a bargain is not a bargain if it is not the right bargain. Doug Allen said this is a terrible idea. Allen said in addition to the 6 parking spaces for the current ACRA building, there is an entire parking garage. Allen agreed the signs for the ACRA and the visitors' center at the Wheeler can be improved. David Getlitz said facts and not misstatements should be considered in the deliberation process. Getlitz said when people volunteer on community boards and make recommendations to Council that should have more weight. Robert Siefer, Galena Lofts'owner, said this is a dangerous place with the Galena shuttle and people exiting the gas station with all other traffic. Toni Kronberg said Council has not approved the Civic Master plan. The Civic Master plan was created to figure out what to do with the fire station, the art museum, theatre in the park and the visitors' center. It may be premature to make this decision as there are pieces of the puzzle that are not solved. The fire department has not made a decision about their location. Ms. Kronberg said the visitors' will see a concrete building with 0 setbacks at the comer of Galena and Main. Ms. Kronberg said the Civic Master Plan recommended a visitors' center that was a little more visible, not necessarily on Main street. Ms. Kronberg noted this is the first meeting public comment has been taken on the visitors' center. Ms. Kronberg read a letter from the County Commissioners as well as the sheriffs office regarding this project and their concerns, especially not allowing public parking directly adjacent to the Courthouse. Ms. Kronberg said the visitors deserve to see the natural beauty of the community. Ms. Kronberg said another COWOP group should be formed to look at alternative sites. Ms, Kronberg said the library plaza is part of the open space of the library and there should not be any parking there. Ms. Kronberg told Council she has over 300 signatures on a petition to keep the library plaza open space. 14 Regular Meeting Aspen City Council April 12, 2004 Bendon entered letters from Heidi Hoffman against the project and suggesting using the old youth center, better signage and a letter from Page Spraker, owner of US Bank building, in support of the project. Mayor Klanderud said the record also has letters from Susan Melton, Mabel MacDonald, Gail Otte, Charles Caldwell, Aspen Concerned Citizens, Roene St. Andre, Scott Writer, Lowell and the ACRA including the value added impact. John Worcester, city attorney, requested the petition and pictures from Ms. Kronberg be entered into the record. Bendon noted Bill Poss, architect, went through two sets of drawings; August 2003 and December 2003. The August set was the set used throughout the COWOP process. The building was presented as a 3-story building. There was concern that the building was above the allowable 40~ foot height limit in the CC zone. The representation was that the 3rd floor would not be developed in order to stay within the 40-foot height limit. Bendon said instead the internal space would be developed with a loft space. Bendon told Council the COWOP spent quite a bit of time talking about parking within the analysis of different sites. Bendon said this is the best site not only for the number of spaces but also the competition for these spaces. Bendon said the Wheeler is a natural destination but more for pedestrians than automobiles. Bendon stated there is not a large parking generation from this project. The visitors' center needs short term parking. There is a proposal to fund a car for the car sharing program, which will be mitigation for the parking requirement. Bendon told Council when the applicants did pro formas with staff, they proposed several different affordable housing options, any of which would have worked. Bendon said the visitor center on Main street moved because their lease was cancelled and the ACRA moved to the Rio Grande. Bendon said the proposed parking along the alley north of this building will be for public safety and should help with the congestion in this area. The SPA amendment for the parking garage can be done administrativelv. Bendon said the allowed uses in the CC zone are anything that is all})wed downtown; retail, restaurant, nightclub, offices, services, printing shop, etc. Bendon said the CC zone allows a 1.5:1 FAR as of right and a 2:1 by special review. This proposal is 1.9:1 FAR, which is what could be expected to be developed in the commercial core. The setback is 0 so this complies with the requirement. Bendon noted that the 1.9 FAR is covered under the PUD 15 Regular Meeting Aspen City Council April 12, 2004 and is consistent with the density and character of a building in the CC zone district. Councilman Semrau asked what exactions are being relaxed. Bendon said the COWOP process allows approval of anything within the context of the land use code and the mitigation requirements for parking and affordable housing are being relaxed. Council would be accepting the car share payment in lieu of onsite parking. Councilman Semrau asked if there is any onsite 'parking for the Galena Lofts. Bendon said there is not. Kaufman said the COWOP process fosters public/private partnership. Kaufman noted th/s COWOP group tried to find solutions to make a visitors' center work. COuncil needs to determine whether this is an acceptable location for this use; did the COWOP do the work in analyzing other sites. Kaufman said there are problems with every site and this is the best location for a visitors' center. Kaufman showed that the library plaza and park remains. The existing planter on the south of the plaza will be removed for parking. The trees will be relocated and the plaza preserved. Kaufman noted there is an existing building of over 3,000 square feet on this site. Of the addition, 3,000 is going to public space. Kaufman said the COWOP group was given the option of affordable housing and chose not to require it. The applicant is giving money toward a car for the car sharing program. Kaufman pointed out the Galena Lofts was a remodel and as such provided nothing to mitigate their impacts. Kaufman said the COWOP process was instituted so Council could balance the community needs and benefits. Kaufman said Council needs to decide whether this building is something they want to move forward with and then the applicant can address the plat note about what can be built on this parcel. Sanders stated he was not referring to a plat note but language from the protective covenants. Worcester said he will review these protective covenants and report back to Council. Councilman Semrau reported this project is in the budget; it is a $40,000 in the 2005 budget for 20 years and at the end of 20 years the city will own the space. Councilman Semrau noted there was a suggestion the visitors' center be built at the Wheeler. Councilman Semrau said the lack of parking at the Wheeler precluded that as an alternative. Councilwoman Richards pointed out there is rent from Bentley's and the Art Gallery in the Wheeler in the amount $190,000 annually of that benefit the Wheeler fund: 16 Regular Meeting Aspen City Council April 12, 2004 Randy Ready, assistant city manager, reminded Council they reviewed housing mitigation scenarios. Council chose a lower cost for the visitors' center space without housing mitigation. Mayor Klanderud said Loren Ryerson representing public safety on the COWOP, Tim Ware parking, Kathy Chandler- library, and the Mayor sat on the COWOP. There were also neighbors and interested community citizens. Mayor Klanderud Said · alternative sites were investigated and e scored. Mayor Klanderud said the visitors' center was always part of the Civic Master plan. Many ideas were discussed for this particular location in the Civic Master plan. Mayor Klanderud noted one goal is reducing automobile traffic. A major concern with the Wheeler lOcation is traffic and parking. Mayor Klanderud noted the land at Mill and Galena is not designated open space; it is a privately owned parcel. Mayor Klanderud said there was a trade off with affordable housing, community benefits and contribution to car share program. Mayor Klanderud said if the entire community can benefit from a private/public partnership that seems to be the way to go to help make this a better community. Bendon said the parking garage SPA is 4 acres, which include the parking garage, redesign of Rio Grande place and the parking areas below. Bendon said the Plaza on top of the parking garage was part of the SPA. The change to the parking off the alley Will have to be an SPA amendment. Kevin questioned why this is not being sent' to election like the purchase of the Mother Lode was. Mayor Klanderud said the Mother Lode question went to the voters because the way the Wheeler real estate tax language was worded. This will be an expenditure of general fund monies. Bendon went though suggested changesto the ordinance. One is the 1,000 square feet in the basement which could be residential units or commercial space and the addition of the language "plus 1,000 square feet, See Section 3" to the dimension table, which would allow either of these numbers to increase by 1,000s square feet. Bendon said under the visitors' center and ACRA area, this is reported as "net leasable area", which is confusing. Bendon recommended changing that to gross area and it will be 3,000 square feet. Bendon said Section 12, parking, will be changed to "the city shall explore a relocated parking area between the project site and Galena Plaza or another suitable location", and approximately 8 spaces are needed. Councilman Semrau requested that city attorney review of the protective covenants be added. 17 Regular Meeting Aspen Ci~, Council April 12~ 2004 Councilman Semrau moved to adopt Ordinance #4, Series of 2004, on second reading with the amendments above; seconded by Councilwoman Richards. Councilman Paulson recommended because there is $1 million of public funds involved that ACRA should represent all businesses in the community, not just the members of ACRA. Councilwoman Richards said she supports the concept; however, this land use approval is not the right place to discuss this. This can be addressed during the budget review. Worcester agreed this is probably not the correct place for that issue. Mayor Klanderud said if ACRA is successful in marketing and in getting people to Aspen, the entire community benefits. Mayor Klanderud agreed this is not the proper forum for discussing this issue. Councilman Semrau said he would be willing to discuss this at budget time. Councilman Paulson said people do not feel like they are getting anything from the ACRA. Councilman Torre agreed and said he feels the city and ACRA are getting further and further apart. Councilman Torre said the visitors' center does need to be improved. Councilman Torre said this location might be a good one but the coupling with the ACRA offices at this location is not a good one. Councilman Torre said the former youth center is a much better location for the visitors' center. Councilman Torre said sharing this small intersection with public safety is a concern to him. Councilman Torre said this is putting the visitors' center on the bottom of a 3-story building. In the former youth center there are 360 degree views with parks on two sides. Councilman Torre said this decision is being made because the term of the current lessee is up Summer 2004. Councilman Torre said the COWOP looked at this from a location viewpoint; Council has to look at the fiscal impacts of.this project. Councilman Torre said he cannot support this proposal. Mayor Klanderud said moving the Visitors' center to the former youth center does not alleviate the traffic concerns because people will still be using the Galena and Main intersection. Mayor Klanderud noted the COWOP felt this was a better location than the former youth center. Mayor Klanderud said it was the city that approached the private property owner about this proposal. Councilman Torre said he does not think city-initiated in this case is a merit to the proposal. Councilman Torre said he feels this project will take moneys that could be used for other priorities. 18 Regular Meeting Aspen City Council April 12, 2004 Councilman Paulson said the COWOP process is bothersome; people who were chosen had ideas of what they wanted before they were appointed. This seems to be predetermined before it was started. Councilman paulson asked if this is a true visitor center or is it ACRA offices. Councilman Paulson asked if this is a. well thought out logical location. Councilman Paulson said he is disappointed that the ACRA is promoting automobile use. Councilman Paulson said the reason to locate the ACRA' offices where they are is because it was next to a parking'garage. Councilman Paulson said he would pick Wheeler as the first location; Buttermilk as second. Councilman Paulson said this is not a good place for a visitor center. There are too many other goals in the community that can use the $1 million. Councilman Semrau said Council had a work session on putting the visitors' center in the old youth center and it was determined that site would not work. Councilman Semrau noted the city is currently renting space to ACRA and this would just be changing the venue. Councilman Torre said the youth center is under-utilized. Bendon said the matrix was a way to see if there was something the COWOP was missing. The COWOP found the former youth center was close to the Mill and Galena site; however, it does not have the Main street visibility and the parking would not be as immediately available. Visitors would park in the North Galena circle. Councilman Torre said this move would be a further degrading of the relationship between the city and ACRA. Councilman Torre suggested ACRA buy this space and not have the city buying land. Councilwoman Richards. supports the new location for the visitor center and the work of the COWOP. Councilwoman Richards reminded everyone when the youth center was built, it was thought that would be the perfect location and it was not. Councilwoman' Richards noted there is efficiency and cost savings in having the ACRA and visitor center together. Councilwoman Richards said the Red Brick Arts Center is a big success for non-profit organizations. Councilwoman Richards said Council should be looking at space needs for the city and the community for 20 years into the future. This will buy a space for ACRA and give them permanence. The old youth center does not have visibility that Main street does. Councilman Paulson moved to call the question. Motion DIES for lack of a second. 19 Regular Meeting Aspen City Council April 12~ 2004 Councilwoman Richards said this should help liven up Main street and suggested some retail or coffee shops next to the visitors' center. Councilwoman Richards pointed out in the summer, traffic is coming over Independence pass and this will be a perfect location. Councilwoman Richards said a visitor center at Buttermilk would require people get in their cars and drive out of town, which is ineffective. Councilwoman Richards said there are parts of the plan that can be reworked. Councilwoman Richards supports referrals to all businesses, not just ACRAmembers. Mayor Klanderud agreed with the idea of retail on the first floor to help increase vitality. Councilman Semrau said this town depends on the kindness of strangers. Councilman Paulson said this is spending money that does not need to be spent. The Wheeler should be more developed for a visitor center; this is where people are and likely' to go. Roll call vote; Councilmembers Richards, yes; Torre, no; Semrau, yes; Paulson, no; Mayor Klanderud, yes. Motion carried Councilwoman Richards moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Mayor Klanderud. All in favor, motion carried. ORDINANCE #7, SERIES OF 2004- Code Amendment Deleting Growth Management Commission Chris Bendon, community development department, told Council this eliminates the growth management commission from the growth management review process. This does not change the process or review criteria. Mayor Klanderud opened the public hearing. Stan Clauson told Council he supports this and it will provide a more streamlined and appropriate planning process. Jack Johnson, P&Z member, told C°uncil they support this code amendment. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to. adopt Ordinance #7, Series of 2004, on second reading; seconded by Councilman Torre. Roll call vote; 20 Regular Meeting Aspen Ci.ty Council April 12, 2004 Councilmembers Semrau, yes; Paulson, yes; Richards, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #9, SERIES OF 2004 Aspen Mountain PUD Section M Amendment Joyce Allgaier, community development department, told Council this is a proposal to amend the PUD agreement in the links between building the Grand Aspen, the Top of Mill and the Bavarian Inn and the mitigation required for each of those developments. The next item is a temporary use for Top of Mill affordable housing to serve as construction offices for Four Peaks as they build Top of Mill. Section M required the Bavarian Inn affordable housing project be ready for C/O in conjunction with the Grand Aspen Hyatt. Section'M also required the Top of Mill free market development also needed to mitigate for affordable housing, which was done on site. The applicant propose to switch the mitigation arOund so the Bavarian Inn housing will be Used to mitigate for the Top of Mill free market and the affordable housing at Top of Mill will be used to mitigate for the Grand Aspen Hyatt. Ms. Allgaier noted the Bavarian Inn housing is completed and ready for sale before the Grand Aspen, which is not scheduled for completion until 2005. The next issue is if the affordable housing for Top of Mill free market does not need to come on line right now, the applicants propose to house construction offices temporarily on that site. Scott Writer, Four Peaks, told Council the offices are currently in trailers on the Top of Mill but construction is proposed where the trailers are. Writer told Council they looked at a trailer on Galena street, Silver Circle or using the Bavarian Inn. Writer said this request is to switch the mitigation requirements. The Bavarian Inn provides 19 bedrooms for 21 FTEs. The Top of Mill parcel 2 has 13 bedrooms and 12.5 FTEs. This switch will provide more affordable housing in advance of the requirements. John Worcester, city attorney, reminded Council the reason the Bavarian and Hyatt were linked to insure that the affordable housing at the Bavarian came on line at least as early as the Hyatt would open. This appears to accomplish that goal. Writer noted at the Top of Mill the requirement is to have the affordable housing at the same time of the C/O for the first free market unit. 21 Regular Meeting Aspen City Council April 12, 2004 Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Semrau said it makes sense to let the affordable housing units on Top of Mill be construction offices because if people were living in these units, they would be living in the middle of a construction zone. Mayor Klanderud said it is important that these units be made as new before they are sold to employees. Mayor Klanderud said before the Grand Hyatt gets a C/O, these units needs to be housing, not construction offices. Ms. Allgaier agreed the applicants need to meet the requirements for residential units. Mayor Klanderud nOted there is a letter from Mikey Spaulding with some requests from adjacent property owners. Mayor Klanderud asked if the construction trailer next to the Silver Circle will be removed. Writer said those trailers are Shaw construction for the Grand Hyatt. Mayor Klanderud asked what the benefit in this application is. Writer answered the Bavarian with 19 units will be available 20 months early. Councilwoman Richards said the affordable housing units are required to go on line when the Top of Mill starts selling. Writer said the first free market unit will get a C/O within the next month. Writer told Council if this is passed, he will tell the housing office to list the Bavarian Inn units. Writer said the Hyatt will not be able to get a C/O until the Top of Mill affordable units are put on the market. Councilman Paulson moved to adopt Ordinance #9, Series of 2004, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Richards, yes; Torre, yes; Paulson, yes; Semrau, yes; Mayor Klanderud, yes. Motion carded. RESOLUTION #28, SERIES OF 2004 - Aspen Mountain PUD Temporary Use Councilman Semrau moved to approve Resolution #28, Series of 2004; seconded by Councilman Paulson. All in favor, motion carded. RESOLUTION #29, SERIES OF 2004 - Aspen United Soccer Club Temporary Use James Lindt, community development department, told Council the Soccer Club requests to use the former Aspen Valley Ski Club building at 22 Regular Meeting Aspen Ci~. Council April 12~ 2004 Willoughby park as part time administrative office and storage. Lindt said the Soccer Club agreed to use this less than 180 days/year, which makes it a temporary use. Lindt said there is parking on South Aspen street as .well as parking at the bottom of the hill. Lindt pointed out the condition require them to dispose of their trash off site. The resolution also allows the community development director to approve temporary uses identical to this in the future. Steve Krofp, Soccer Club, said they have never had a home base and they hope this will give them an opportunity to evolve and grow their program. Councilman Paulson moved to approve Resolution #29, Series of 2004, seconded by Councilman Torre. All in favor, motion carried. RESOLUTION #30, SERIES OF 2004 ' Chart House Appeal of Growth Management Scoring Mayor Klanderud stated this is an appeal on the record. The applicant will need to prove there was either an abuse of discretion, exceeding their jurisdiCtion, or due process was not allowed. James Lindt, community development department, said LCH LLC requesting the growth management commission scoring of March 9 on the Chart House lodge application be over turned due to an abuse of discretion. The application received a failing score in design quality and compatibility sections. This application received an average score of 2.9 and 3 is a passing score. Lindt told Council staff does not think there was an abuse of discretion and feels this project Can provide some co,unity benefit; that it is the right type of use and the right project if the issues can be worked out. Lindt said Council may approve the resolution affirming the scoring of the GMC, or approve a resolution amending the GMC scoring and give the project a passing score. Another option available to Council is to remand the application back to the growth management commission for rescoring. Lindt said if Council chooses to provide a passing score to the application, there is an ordinance available to pass on first reading, which would start the growth management allocation. Jim DeFrancia, applicant, requested Council remedy the action of the GMC as there were errors made in the scoring that would fit the definition of abuse of discretion. DeFrancia said the record will bear out there may be an 23 Regular Meeting . Aspen City Council April 12~ 2004 exceeding of jurisdiction. DeFrancia said in this case abuse of discretion means "to use improperly"; the applicants feel there was improper judgment applied in the scoring. DeFrancia pointed out there were two scoring categories where one commissioner scored zero, which distorted the total. In one case, staff recommended a score of 4, no other commissioners scored less than 2 and one commissioner gave 0. Inanother instance, staff recommended a score of 3, no other com_tnissioner gave a score of less than 2 and one comm~SSloner gave a score of 0. DeFrancia stated the applicant feels there was improper judgment in these categories, which resulted in an overall scoring shortfall. DeFrancia pointed out there are criteria against which the scoring is to be applied. Stan Clauson, representing the applicant, said the category "revitalizing the permanent community" provides sub criteria, one of which is providing high quality, on-site affordable housing for permanent residents. Clauson told Council this project provided double the required mitigation. The mitigation was discussed with the housing board that unanimously approved it. Clauson said it was clear they provided high quality, on site housing, which was part of the project. Criteria (b) "providing appropriate mixing of free market and affordable housing for efficient provision of services such as transit", this housing is located next to the Rubey Park transit center. This is a mix of free market with lodging. Clauson illustrated terracing with food and beverage service and on the roof a restaurant. These commercial spaces will be serving not just the lodge but all of Aspen. This project does provide locally serving commercial space businesses, does provide high quality, on-site affordable housing and it is very close to transit. Clauson said in criteria "restoring properties listed on Aspen Inventory", this property is not listed on the inventory. However, key in the application was the use of historic elements from the Chart House, like beams hand-hewn by Stuart Mace. In "improving and maintaining the appearance of alleys", there is no alley in this property; however, Dean avenue is a pedestrian street and the applicants have made a commitment to the improvement of Dean avenue and to participate in a larger upgrade of the entire length of Dean avenue. Clauson noted the building materials were designed to pick up elements of adjacent buildings. Clauson said the applicants have worked with parks department on a way to incorporate the cottonwood trees and the sidewalk. Clauson said in design compatibility, they worked hard to maintain the 24 Regular Meeting Aspen City Council April 12~ 2004 appearance of the streetscape and to provide a substantial enhancement to the pedestrian environment. DeFrancia said the applicants have complied with the criteria and the application was improperly judged by at least one commissioner with a score of zero. DeFrancia said the record backs this up and by the taped and recorded comments of that commissioner who said "We have standards that are not all that clear cut". DeFrancia said he feels the standards are clear cut and that this application has complied with those standards. DeFrancia said the growth management commission is charged with dealing with GM allocations and the request before them was for an allocation for 14 lodging units. DeFrancia said the record indicates there was a broader scope applied in the GMC scoring which suggests exceeding the Commission's jurisdiction. DeFrancia quoted a commission member, "This is not simply a matter of allOcation". DeFrancia said that is exactly what the GMC was being asked to address. The chair of the GMC said it feels like the process is backwards and that the process was not good. DeFrancia said this suggests a scope of review that is inappropriate with what the GMC is charged to do, which is allocation. DeFrancia Said the chair stated, "If the site is not appropriate for development, then you can make that finding". DeFrancia said this exceeds the jurisdiction of the GMC. DeFrancia told council he took these quotes off the tapes of the GMC meeting. DeFrancia said the applicants feel these comments as well as scoring of zero in two categories result in the conclusion that there was some improper judgment of the GMC and that they may have exceeded their jurisdiction.~ DeFrancia reiterated the application fell short in one category by 1/10 of a point. DeFrancia requested Council remedy the action. The applicants will still have to go through P&Z and Council. Mayor Klandemd said she, too, got the sense this process was backward. Mayor Klanderud said she understands GMC's concerns about getting a better grasp of the project. Mayor Klanderud stated she would be willing to remand this P&Z with the GMQS scoring to follow conceptual presentation. Lindt said staff was concerned the applicant wanted to go through GM scoring prior to conceptual PUD review. Conceptual PUD review is.the process where issues come up and can be worked out with the Commission. Staff agreed this is a viable solution. 25 Regular Meeting Aspen Cit~ Council 'April 12, 2004 Councilman Paulson said he is concerned about jumping ahead in the process. DeFrancia told Council staff suggested they go through conceptual before GM scoring. DeFrancia said the applicants thought the allocation as the first step and misunderstood the process. This remanding back to P&Z for conceptual is what staff recommended. Mayor Klanderud said she would have had the same dilemma as the commission members without reviewing the project in conceptual before doing GM scoring. Councilman Torre asked if there is an approval for this' parcel. Lindt said a lot split was approval last year and approval for one single family house. Councilwoman Richards moved to approve Resolution #30, Series of 2004; seconded by Councilman Semrau. All in favor, with the exception of Councilman Paulson. Motion carriedl There will be no action on Ordinance #11, Series of 2004. Councilman Semrau moved to adjoum at 11:05 p.m.; seconded by Councilman Torre. All in favor, motion carried. Ka~n S~ Koch, City Clerk 26