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HomeMy WebLinkAboutminutes.council.20060626 Re2ular Meetin2 Aspen City Council June 26. 2006 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 2 434 EAST COOPER CALL UP HPC DECISION............................................................. 4 CONSENT CALENDAR ...................................................................................................4 . Resolution #50,2006 - Consignment Water Service Agreement Bar/X Ranch .... 5 . Resolution #51,2006 - Contract Aerial Bucket Truck........................................... 5 . Minutes - June 12, 2006 ......................................................................................... 5 FIRST READING OF ORDINANCES.............................................................................. 5 . Ordinance #26, 2006 - Boomerang Lodge PUD .................................................... 5 . Ordinance #27, 2006 - Code Amendments - TDRs............................................... 5 . Ordinance #28, 2006 - Lift One Condominium Consolidated PUD ...................... 5 . Ordinance #29, 2006 - Ajax Mountain Building.................................................... 5 434 EAST COOPER CALL UP OF HPC DECISION....................................................... 6 ORDINANCE #16, SERIES OF 2006 - Hannah Dustin Subdivision 300 S. Spring ........ 7 ORDINANCE #22, SERIES OF 2006 - Recycle Center COWOP.................................... 9 ORDINANCE #23, SERIES OF 2006 - Exemptions from the Moratorium ................... 16 1 Re2ular Meetin2 Aspen City Council June 26. 2006 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, Richards, Johnson and DeVilbiss present. CITIZEN PARTICIPATION 1. Dan Levinson told Council he received a letter from the city water department stating he had to have his backflow device tested, that every water user in the city was required to have this test. Levinson said the letter stated every device in the system needs to be inspected every year. Levinson said a plumber has to do this test. Levinson complied and received a bill for $180. Levinson said the city should hire someone to do these tests and to increase water rates to pay for this service. Randy Ready, assistant city manager, said there are 800 of the 5,000 accounts that have backflow devices installed when there may be a potential contamination hazard. Steve Barwick, city manager, told Council staff will look into hiring someone as part of the 2007 budget. 2. Les Holst presented Council with a compilation of surveys his group has taken about why tourists come to Aspen. Mayor Klanderud noted ACRA is also doing a survey this summer and it will be interesting to compare the results. 3. Lennie Weinglass said he wants to redo his awning and has been told he cannot apply to do this. James Lindt, community development department, told Council this is a temporary use permit and is caught in the moratorium. There is an ordinance under public hearings that will add some exemptions to the moratorium and temporary use permits is one ofthose exemptions. Council asked Weinglass to come back to the public hearing on Ordinance #23. 4. Lindsay Smith asked about having stop for pedestrian signs at Main and Hunter and Main and Spring. Ms. Smith told Council she contacted CDOT and was told the city makes those decisions. Randy Ready, assistant city manager, said he will look into the portable signs for those to crosswalks. COUNCILMEMBER COMMENTS 1. Mayor Klanderud said the first events of summer, Food & Wine, Jazz Aspen, and the opening of the Music Festival were all wonderful. Mayor Klanderud congratulated everyone who is part of the events; the participants all seem to be enjoying themselves. Mayor Klanderud thanked staff behind the scenes that make the events happen - parks, police, parking, and community safety. Mayor Klanderud noted a tremendous amount of time and energy goes into these events. 2. Councilwoman Richards thanked all the volunteers who worked on the wetlands planting at the new pond at the golf course; the Roaring Fork Outdoor Volunteers sponsored this. Councilwoman Richards said she appreciates those efforts and the pride of the city's parks department. 2 Rel!:ular Meetinl!: Aspen City Council June 26. 2006 3. Councilwoman Richards reported she attended a water education tour of the headwaters of the Roaring Fork diversions. 4. Councilwoman Richards said regarding the call up of the HPC decision for 434 East Cooper, she would like the full transcripts before discussing the call up. John Worcester, city attorney, suggested waiting until the representative of 434 East Cooper is present to discuss this. 5. Councilman Johnson said he attended Colorado Municipal League meeting in Breckeuridge and one of the sessions he went to was a water law lecture. Councilman Johnson noted municipalities from the front range have radically different ideas about water than those on the western slope. 6. Councilman DeVilbiss asked the status of the investigation into the identity of who may have topped the trees on east Hopkins. Loren Ryerson, chief of police, told Council the investigation lead to an LLC and according to Colorado law an LLC does not have to list its members. The LLC attorneys have not been cooperating so the investigation is at a standstill. Councilman DeVilbiss asked if people are living at the addresses at East Hopkins. Ryerson said the properties are managed by the LLC and different people rent it during the year. It is not a residence for any particular person. Ryerson said the city attorney's office entered into an agreement with a representative of the LLC. John Worcester, city attorney, told Council Fred Peirce, representing the LLC, called and wanted to replace the trees that had been topped in the city's right-of-way, and the city agreed. Councilman DeVilbiss stated he objects to that arrangement; what happened in the city's right-of-way happened without the city's consent. Councilman DeVilbiss said this was a cowardly act. The city should replace the trees; the city should offer a reward leading to the arrest of anyone responsible for topping the trees. Councilman DeVilbiss said the public perception is going to be if one has money and a lawyer, one can do whatever one wants and get away with it. Councilman DeVilbiss said the city should turn over every stone they can in this investigation. Councilman DeVilbiss said this act was offensive and should not have happened and the city should make every effort possible to figure out who did it. Councilman Johnson agreed with a reward; however, he did not agree anyone has gotten away with something. Councilman Johnson said the city has acted in a way to make people realize one cannot act in Aspen as in anywhere USA. Councilwoman Richards said she does not want to take money the parks department might use for other plantings to offer as a reward. Councilwoman Richards said it might be circumstantial evidence to charge the property owners adj acent to these trees as the perpetrators. Mayor Klanderud said she was outraged when she first saw the tree damage; however, was it misdirection or a mistake. Mayor Klanderud said the city does not know ifthe residents had anything to do with topping the trees. Mayor Klanderud stated she does not 3 Re2ular Meetinl!: Aspen City Council June 26. 2006 see offering a reward as furthering a sense of community but as destroying the fabric of a community. Councilman DeVilbiss said it is a statement that there are certain actions that will not be tolerated. Councilman Torre agreed Council should give direction to staff to continue and to finish the investigation. Councilwoman Richards said she would support a reward ofless than $10,000. Councilman DeVilbiss said he feels it will take money to shake the truth out. Councilman DeVilbiss moved to offer a $5,000 reward for information leading to the arrest and conviction of anyone responsible for topping the trees on East Hopkins; seconded by Councilman Johnson. All in favor, with the exception of Mayor Klanderud. Motion carried. 7. Councilman Torre said last weekend was an exceptional one in Aspen and he extended thanks to the volunteers working on Jazz Aspen and the music festival. Councilman Torre said he received many comments about how friendly and helpful all the people working these events were. Councilman Torre also thanked the parks department for returning Wagner park to the public. 8. Councilman Torre noted RMI is sponsoring an event called "Strange Bedfellows" Friday July 13, 5:30 p.m. Paepcke auditorium. This is a conversation about energy efficiencies. 434 EAST COOPER CALL UP HPC DECISION John Worcester, city attorney, told Council the attorney for 434 East cooper, Tom Smith, was concerned that the transcript was not available. Smith was not sure he was going to ask for a continuance but wanted to see what Council's concerns were first. Councilwoman Richards agreed to leave this on until Smith is present. Councilman Torre and Councilman DeVilbiss support the request to have the full transcripts. Councilman DeVilbiss noted Smith finds flaw with the procedure, the decision to call up the approval without any notice; that the client was deprived of notice and an opportunity to be heard about the call up in violation of procedural process rights. Councilman DeVilbiss pointed out Council has not been provided with a record ofHPC's review to be considered by Council to make sure that record is complete. Councilman DeVilbiss said without a transcript, Council will not have all the evidence it must consider. Councilman DeVilbiss said in order to cut off any objections, Council should have the full record. Council agreed to wait until the attorney for 434 East Cooper is present to make a date for a continuance. CONSENT CALENDAR Councilwoman Richards moved to approve the consent calendar; seconded by Councilman DeVilbiss. The consent calendar is: 4 Re2ular Meetin2 Aspen City Council June 26. 2006 . Resolution #50,2006 - Consignment Water Service Agreement Bar/X Ranch . Resolution #51, 2006 - Contract Aerial Bucket Truck . Minutes - June 12,2006 All in favor, motion carried. FIRST READING OF ORDINANCES . Ordinance #26, 2006 - Boomerang Lodge PUD . Ordinance #27,2006 - Code Amendments - TDRs . Ordinance #28, 2006 - Lift One Condominium Consolidated PUD . Ordinance #29, 2006 - Ajax Mountain Building Councilwoman Richards moved to read Ordinances #26, 27, 28, 29, Series of2006; seconded by Councilman DeVilbiss. All in favor, motion carried. ORDINANCE NO. 26 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING APPROVAL OF THE SUBDIVISION, PLANNED UNIT DEVELOPMENT, VESTED RIGHTS, CONDOMINIUMIZATION, AND REZONING FOR A PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT OF THE BOOMERANG LODGE 500 WEST HOPKINS AVENUE, CITY OF ASPEN, COLORADO ORDINANCE NO. 27 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO SECTIONS 26.71O.090(10)(a) AND (b), FLOOR AREA RATIO (FAR) OF THE CITY OF ASPEN MUNICIPAL CODE. ORDINANCE NO. 28 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A CONSOLIDATED CONCEPTUALIFINAL PUD TO ALLOW FOR THE LIFT ONE CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF IMPROVEMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 29 (SERIES OF 2006) 5 Re2ular Meetinl!: Aspen City Council June 26. 2006 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE AJAX MOUNTAIN BUILDING SUBDIVISION AND CONDOMINIUMIZATION TO CONSTRUCT ONE FREE-MARKET RESIDENTIAL UNIT AND ONE DEED-RESTRICTED AFFORDABLE HOUSING UNIT ON THE PROPERTY LOCATED AT 520 EAST DURANT AVENUE, LOTS N-S, BLOCK 96, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Councilwoman Richards moved to adopt Ordinances 26, 27, 28, and 29, Series of2006, on first reading; seconded by Councilman Johnson. Councilwoman Richards requested a model ofthe Boomerang Lodge for second reading. Councilman Johnson stated he is a tenant in the Ajax Mountain Building and cannot vote on Ordinance #29. Councilwoman Richards amended her motion to adopt Ordinances #26, 27 and 28, Series of2006; seconded by Councilman Johnson. Roll call vote; Councilmembers Torre, yes; DeVilbiss, yes; Richards, yes; Johnson, yes; Mayor Klanderud, yes. Motion carried. Councilwoman Richards moved to adopt Ordinance #29, Series of2006, on first reading; seconded by Councilman Torre. Roll call vote; Councilmembers DeVilbiss, yes; Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion Carried. 434 EAST COOPER CALL UP OF HPC DECISION Mayor Klanderud said Council agrees they would like to see the transcripts before the hearing so this will not be heard tonight. Tom Smith, representing 434 East Cooper, said when this matter was called up, they did not know it was on the agenda. When a decision was made to formally call it up, they were in a dilemma as there are limited reasons for overturning the HPC and the applicants were not informed of any alleged errors by the HPC. Smith said without knowing whether there is an allegation of an error or what that error may be, it is difficult to respond to Council's decision. Smith said ifit is just being called up to discuss, they do not want to make a big deal out of it. IfHPC acted in error, Smith said Council and the applicants should have the full record of the HCP and all the exhibits and to be informed what the alleged error is and to have a chance to respond to it. Smith requested a notice for what they should respond. John Worcester, city attorney, said the code does not require Council to provide the applicant with reasons for the call up. The code spells out what reasons they can discuss at hearing for the call up, whether there was a denial of due process, whether HPC exceeded its jurisdiction or abused its discretion. Those issues will be discussed at the call up and that is all the notice the applicant is entitled to. Worcester reminded Council the code states when an applicant gets approval from HPC, there is a 30-day delay to allow time for the call up process. The applicant is not entitled to a bill of particulars. Smith said there is a fairness and due process issue if the applicant is not given notice of what the problem is and an opportunity to respond to that. Smith said if the applicant is 6 Re2ular Meetin2 Aspen City Council June 26. 2006 presented with objections with no notice, they should be given an opportunity to respond. Smith stated this is a hearing on the record. Councilman Johnson moved to continue 434 East Cooper to July 24; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #16. SERIES OF 2006 - Hannah Dustin Subdivision 300 S. Spring James Lindt, community development department, told Council the applicants have made revisions to the project over the last two weeks. The concerns expressed by Council at that meeting were the lack of livability for the affordable units because they were below grade, the lack of parking in general and lack of parking for the affordable units. Council was also concerned about the snowmelt around the building and that the affordable units opened offthe alley. Lindt said staff has some technical concerns with the revised plans. The first is the proposal is several hundred square feet below the required mitigation for affordable housing. Staff is concerned about the usability of several of the parking spaces, about the turning radius to 2 parking spaces. There is a building code issue about the access of the affordable housing units to the street; there needs to be an access to the sidewalk from these units and it cannot come from the alley. Stan Clauson, representing the applicants, stated when the project was presented two weeks ago, it met the criteria of the code in effect at the time and it was approved by P&Z. Clauson said changes were made since that meeting. Clauson noted there is an existing commercial building on site and the addition uses almost all allocation of commercial square footage available on site. Clauson said another parameter is the amount of free market square footage allowed on site. This proposal does not exceed that allowance with two town house units. The external allowable floor area is 2:1 in the mixed used district or 24,000 square feet. Clauson said the applicants feel this proposal uses the site to the maximum extent possible with an external FAR of 1.4: 1 or 16,500 square feet. Clauson said the changes were made to respond to Council's indication they would like to see something different on this site and that the AACP supported that concept. Clauson pointed on the site plans that the sidewalk has been moved to a detached sidewalk with street tree plantings. Clauson noted a second pedestrian amenity at the corner has been added to the one mid-block on Spring. Clauson reminded Council the original plan had two affordable units below grade with a light well to the rear. Council was concerned about sub grade affordable units. Clauson said the plans have changed to put parking at the sub grade level served by a vehicle elevator to provide access from the alley. This will allow up to 10 parking spaces on the lower level. Clauson pointed out the affordable units now occupy the ground floor level on the rear of the project with direct access to light and ventilation. The access to these units is offthe street for the unit to the east and through the lobby of the Hannah Dustin building for the 7 Re2ular Meetinl!: Aspen City Council June 26. 2006 unit to the west. Clauson said there are 4 parking spaces at grade behind the residential addition and 2 parking spaces behind the commercial building. Clauson said the proposal is 113 square feet short of the 30% requirement for the ratio of affordable housing to free market. Clauson stated the applicant will meet the 30% requirement and will accept that as a condition of approval. Councilman Torre commended the applicants for revised the plans. Councilwoman Richards asked if these are sale or rental. Peter Fornell, applicant, told Council these will be category 2 rentals units. Councilman Johnson asked if any possible split of ownership in the future could cause problems for access to the units. Lindt said ifthey are condominiumized, access to the affordable units would be required. Staff would review the condominiumization plat to make sure a means of access is provided. Stephen Kanipe, building department, told Council their concern about access to the affordable units has been addressed through access through the lobby. Access needs to be available through a pedestrian right-of-way. Councilman Johnson asked about the amount of commercial space. Lindt said the commercial office building would be at the maximum allowable, which is .75:1. Councilman DeVilbiss asked the size of the pedestrian amenity. Clauson said at the corner it is 5' by 8' or 40 square feet and in mid-block it is 10' by 15' or 150 square feet. Mayor Klanderud opened the public hearing. Bob Starodoj noted this project received unanimous recommendation from P&Z. No variances were required and the project meets total compliance with the zoning code. Starodoj asked if Council has the option to turn a project down. John Worcester, city attorney, said if a project meets all standards, it should be passed. This assumes Council believes a project meets all the standards. Mayor Klanderud closed the public hearing. Councilman Torre reiterated these are good amendments. Councilman Torre said he appreciates the added pedestrian amenity at the corner. Councilman Torre asked about leaving a pedestrian amenity as grass. Clauson said this is an urban corner and immediately adjacent to the commercial core. Clauson said grass would be fine; however, when the code asks for a pedestrian amenity, they are looking for benches, pavers, something different. Clauson said in the immediate area there are not places to sit and observe. Councilman Torre said this redesign has achieved several of Council's goals and addressed concerns from the last meeting. Councilman Torre moved to adopt Ordinance #16, Series of2006, on second reading with the condition that the project meets the 30% affordable housing requirement; seconded by Councilwoman Richards. Mayor Klanderud said she feels snowmelt sidewalk is in contraction to the canary initiative and the reduction of greenhouse gas. Clauson said they will not provide snowmelt sidewalks. Councilman Johnson said he does not want elimination of parking 8 Rel!:ular Meetinl!: Aspen City Council June 26. 2006 spaces to be those for affordable housing. Clauson said the ordinance has a condition that 3 parking spaces will be set aside for affordable housing. Councilwoman Richards noted this is one of the first additions of office space in the core. Mayor Klanderud thanked the applicants for accommodating Council's concerns. Councilman Johnson stated his concerns remain the same. Councilman Johnson said infill was adopted to allow mitigations to be lessened and heights to be increased so that free market would pay for goals of the city, like affordable housing. Councilman Johnson said this does not meet his standard of being consistent with the Aspen Area Community Plan, specifically infill and economic sustainability. Roll call vote; Councilmembers Torre, yes; DeVilbiss, yes; Johnson, no; Richards, yes Mayor Klanderud, yes. Motion carried. ORDINANCE #22. SERIES OF 2006 - Recycle Center COWOP Sarah Laverty, environmental health department, noted this land owned by the city on the Rio Grande property went through a COWOP process. The land use approvals requested of Council are final COWOP, rezoning to PUD overlay, final PUD plan approval, final SPA approval and growth management approval of an essential public facility. Ms. Laverty reminded Council in April the city and Obermeyer applied for eligibility for a COWOP process, which was granted. Staff gathered a task force made up of city and county representatives, Obermeyer representatives, citizens, neighbors, and skate park representatives. There were 6 meetings and a majority supported the design that will be presented. Ms. Laverty noted that when Council granted eligibility for COWOP, they directed the task force to design a recycle center for this site and not to look at other locations. A previous study was done looking at other locations for a recycle center. Ms. Laverty told Council the COWOP started with a preliminary design, unusual for a COWOP but as part of Obermeyer's lease, they were aware of this requirement and did some design work before they knew it would be a COWOP process. The architects presented 12 different site plans to go over different options. The COWOP task force decided on two plans and requested a hybrid of the two plans, which the task force supports, be presented to Council. Robin Schiller, architect, told Council the task force outlined a list of project objectives by which to gauge the designs. The task force also developed a program listing features required to make the recycle center work. Schiller showed the site plan of the 3/4 design scheme presented to the COWOP task force. Schiller said this has 3 containers in one section, 3-sided walls with a translucent roof and photovoltaic panels and 4 containers in another section with a green roof. There would be a single entrance off Rio Grande with space for trucks and cars to maneuver. The existing receptor part ofthe storm water system is under the driving area. There will be a sidewalk into the recycle area for pedestrians and for handicap access. 9 Re2ular Meetinl!: Aspen City Council June 26. 2006 Schiller told Council during the final presentation to the task force, an alternative was raised, which is the 2/5 scheme to moving one container, bringing one corner of the recycle center away from the river and having less visual impact to people on the trail and across to Oklahoma Flats. Schiller said COWOP task force charged the architects with studying the 2/5 variation with the agreement to bring this to Council. Schiller illustrated where the two containers would go, pushed closer to the sidewalk to allow 5 containers to go on the other portion of the building. One of the concerns of the COWOP was whether this would take away area for skate park expansion, and it will not. Schiller showed a landscape plan drawn on the 2/5 scheme. Schiller told Council all drawings presented are based on the 2/5 scheme and all representations can also be applied to the 3/4 scheme. Scott Chism, city parks department, has done a landscaping and grading plan showing how this can integrate into future plans for the storm water retention and park upgrading. Schiller said issues discussed were operations ofthe recycle center, visibility from the park, how this integrates, how the skateboard park can expand. Schiller said the curved green roof would appear more as a landscape from the trail. Schiller showed a drawing of the plan for Rio Grande from parks department and how this site would integrate into their plans. Schiller presented a board "building elements" showing examples of green roof, the translucent roof and gabions, wire mesh baskets filled with rocks. Schiller said the rocks could be taken from on site excavation or other landfill materials. The rocks are recycled and if at anytime in the future the city would not need the recycle center, the rocks can be reused. The wire mesh is recyclable. Schiller presented a floor plan of the 2/5 scheme. The gabion rock filled baskets will be used for the enclosure walls. There is a space between the top of the walls and roof for air circulation. Schiller told Council one issue is the height of the recycle center and the task force worked with the county solid waste center on the minimum required height. Schiller said each section of the building is a shed. Schiller said they hope to be salvage beams from the demolition ofthe Limelight and use these in construction of the recycle center. The lowest point of the roof is 13' 11" at higher at the curve or 17' above the pavement. Schiller said glass Crete, which is recycled ground up glass, the gabion walls, the platforms will be decked with Trex, a recycled composite, and photovoltaic for lighting on site all support recycling. Schiller noted there will be a slope and at the farthest corner will be 8' below street level and l' below existing grade. Schiller said the plan allows for photo displays, a narrative component about recycling, history of the area, or the city parks. Schiller said after approval, the next step would be to retain engineers for construction documents. Schiller said some objectives the task force set out were that the recycle center be more convenient, encourage recycling, be more easily managed and maintained, be paved and covered and be accessible, minimize impacts on neighbors, demonstrate community's commitment to recycling, and be integrated into the park. Schiller told Council no snowmelt is being proposed in the area. 10 Rel!:ular Meetinl!: Aspen City Council June 26. 2006 Ms. Laverty said the task force is recommending a curved green roof, a translucent roof with photovoltaic on the other section. The green roof is estimated at $30/square foot for a total of $87,000. Staff feels this is worthwhile and the benefits ofa green roof are to help with storm water issues, help blend into the natural environment and is a good demonstration project. The photovoltaic is estimated at $15,000. Glass Crete is about $12/square foot and asphalt is $3.50/square foot with a price premium of$42,000 for using glass Crete, which is a good example of recycle. Ms. Laverty noted one purpose of recycling is to use recycled materials. Glass Crete can be applicable to other projects in town. Ms. Laverty said the budget has $5,000 for landscaping; however, that figure will not cover all landscaping but Obermeyer and the parks department will contribute to the landscaping. Ms. Laverty noted the budget contains $70,000 for snow melting. The task force recommended installing the piping but not the controls. Installing just the piping is about $24,000. Ms. Laverty told Council the costs of offsetting snowmelt would be $150/year to purchase carbon credits. A photovoltaic system to power the snowmelt would be 6 kw system, which would cost $60,000 to build a large enough photovoltaic to offset snow melting. Ms. Laverty noted that system would be too large to fit on this site and would have to be located elsewhere in the city. Ms. Laverty said the lighting should be minimal, just enough for safety and security. The photovoltaic system should compensate for the lighting and motion detectors. The total cost estimate would be $737,000. Ms. Laverty noted they have applied for a $50,000 grant from CORE; Obermeyer is obligated to $475,000, leaving a balance of$362,000. Steve Barwick, city manager, told Council there is cash available in the general fund right now. Staff will redo the long-range plan for the upcoming budget session. Barwick noted this is one time expenditure with not a lot of operating costs. Dwayne Romero, Obermeyer, said they have been paying for the architect, which fees will come out of the obligation to the project. Current expenditures are $100,000. Ms. Laverty noted there are elements of efficiency by having Obermeyer involved while they are still under construction. Ms. Laverty entered letters into the record from Christina Crandall, Debra Moore, a COWOP member, and a resident of the Obermeyer building. Chris Bendon, community development department, handed out excerpts of the Rio Grande master plan. Bendon noted the recycle center is part of site B in that plan and site B was described to house transportation/essential community services and a recycle facility was specifically mentioned. Bendon noted staff found that all review standards by the COWOP have been met. Bendon said the COWOP had representations from different perspectives with disparate opinions. Bendon said the quality ofthis project was improved through the COWOP process; it was an elegant design and will meet the needs of the community. Councilman Torre asked what approval of this would set in motion. Bendon said this is a land use approval for the recycle project. The budget would be a later approval by Council; there are options that could be removed. Bendon told Council staff feels this project is consistent with the Rio Grande master plan. 11 Rel!:ular Meetinl!: Aspen City Council June 26. 2006 Mayor Klanderud opened the public hearing. Brian Weiner, Oklahoma Flats resident, agreed recycling is important. This is a nice project; however, he requested this be tabled in order for the neighborhood to comment. Weiner said some neighbors feel part of the COWOP process was questionable. Gary Moore, Oklahoma Flats, said the roof could be lowered up to 4' and take away the sod roof. Moore said he is concerned about the costs, especially the green costs that might not be necessary. Putting pipes in for snowmelt does not sound like a good idea. Moore said city projects often have cost overruns. Debra Moore, COWOP member, said Council should not approve a land use change on this project because this small parcel is very precious and is on the river. It could be utilized better as a park. This is zoned SPA and across the street is S/C/I. Ms. Moore said she feels there are better sites for recycling and one would be right across the street. Ms. Moore noted there is a moratorium going on and Council should take more time to think about this project. Ms. Moore said there is curbside recycling and Council should see how the new recycling ordinance works about before spending money on a new center. Ms. Moore said neither the Rio Grande master plan or the AACP has been abided by or looked at closely. Ms. Moore said she feels there are flaws in the COWOP system. Ms. Moore said the voting did not start out right and there were opinions from the neighborhood that were not represented. Ms. Moore said she feels the majority vote was swayed because they were not well represented. Ms. Moore told Council when they were presented with CCY's drawing, they were brainwashed with all the designs. Cindy Slade, COWOP member, said she or her husband attended all 6 COWOP meetings. Ms. Slade said she felt disillusioned by the process as when they started there was already a design on the table. Ms. Slade said the task force was not given an alternative site. The Rio Grande master plan said an alternative site should be examined. Ms. Slade said the committee was selected and the meetings run by city staff, which was biased. The staff also voted, which was against the rules. Ms. Slade said the park is a living body and the recycle center would be tearing a piece of out that. Ms. Slade requested more time to work on another location for the recycle center. Ms. Slade said it is an obligation to the public to keep the park green. Scott Chism, parks department, showed a concept plan from 2003 illustrating how the recycle center will work in the park. Chism noted the recycle center is a great opportunity to communicate the city's environmental message, whether it is about recycling storm water, cardboard or paper. Ms. Slade said this drawing does not include the large recycle center proposed by the task force. Gary Moore said 10 years ago the city spent a lot of money to move the snow melter and now it is tom out. The city should think about the money being spent that may not be on a permanent facility. Toni Kronberg said she has not been able to see copies of the public notice. Ms. Kronberg said a notice is posted on the trailer at the site. The ordinance was published. Chris Bendon, community development department, told Council an affidavit of notice 12 Rel!:ular Meetinl!: Aspen City Council June 26. 2006 was presented to the city clerk, this affidavit demonstrates notice in the newspaper, mailing and posting on the property. Ms. Kronberg presented pictures demonstrating current uses and views from the recycle center and the neighboring area. Ms. Kronberg showed where trees will be removed to expand the skateboard park. Ms. Kronberg told Council part of this development promised the skateboarders more room for their park. Ms. Kronberg said the recycle center is very popular and highly used. The proposed L- shaped building will minimize space for cars in the recycle center. Ms. Kronberg said the Rio Grande master plan protects views of Independence Pass. Ms. Kronberg showed a picture of the overall site, the view from the path. Ms. Kronberg proposed the space where the recycle center is located should be flowers, green grass and a fountain. Ms. Kronberg questioned the notice for the COWOP as it said it was going to redevelop the recycle center. Ms. Kronberg told Council she asked for the ordinance approving the change in zoning for the recycle center. The Rio Grande master plan was provided to her by the city clerk's office. Ms. Kronberg noted the master plan was adopted in 1993 and included was a memorandum from staff stating that a master plan stays in effect until it is amended or superseded by another master plan. Ms. Kronberg questioned the fact that the Council has predetermined the change in zoning, change in land use for the Rio Grande. Ms. Kronberg said the city is supposed to have a public hearing before any land use is approved. Ms. Kronberg said the COWOP group was not told they would be initiating a zoning change. Mayor Klanderud said it is the Council who approves a zoning change. Ms. Kronberg said Council predetermined this site. Ms. Kronberg stated there are discrepancies in the 3 forms of public notice that were sent out. Ms. Kronberg said her main objection is that Council predetermined the zoning change and land use for this property. Ms. Kronberg said the recycle center does not fit in with the character of the surrounding uses; it is not compatible and it does not follow one of the city's guiding documents. Ms. Kronberg read, "any development on the eastern portion of site B should not intrude into the Independence view plan". Obermeyer had to design their building so as not to obstruct the view of Independence pass. Ms. Kronberg said the city stated they would pursue alternative locations for a recycle center. An analysis was done of some sites but not the site right across the street. Ms. Kronberg requested before Council makes a decision on this site, they explore the site where the recycle center was temporarily located near Mill street. Mr. Kronberg said there is traffic congestion, the proposed building is too big, and it will become an attractive nuisance for skateboarders. Patrick Jones, COWOP member and skateboarder, said the task force was tasked with coming up with the best project they could on this location. Jones said he feels this is the best location in town. Jones said the COWOP process addressed many of his concerns and he tried to take into consideration all ofthe concerns of all members. Jones said he feels this solution is the best for this site. Jones said the curved roof will keep the park corridor feeling going. The green roof and glass Crete are important examples to other developments. Jones said he feels it is important to move forward because of the efficiencies with the Obermeyer construction team. 13 Rel!:ular Meetinl!: Aspen City Council June 26. 2006 Debra Moore asked why this project is exempt from the moratorium. Mayor Klanderud answered if this is determined to be an essential public service, which it is identified as in the 1993 master plan, it is not subject to the moratorium. Ms. Moore asked why the city said this is exempt from the stream margin review as the Obermeyer project had to go through stream margin review. Bendon told Council both Obermeyer and the recycle center are subject to the stream margin review. The Obermeyer building was moved back for height reasons. This project is below the progressive height limit and is eligible for administrative review. Mayor Klanderud closed the public hearing. Bendon said there are questions regarding the consistency with the Rio Grande master plan. Bendon noted this project does not require an amendment to the master plan as it is consistent with the master plan, which contemplated a recycling facility. Bendon told Council this project requires rezoning as any project within the public zone districts requires a planned unit development. This property is not currently zoned with a PUD overlay but there are no changes to the underlying public zone. Bendon told Council he finds the public notice requirements have been met and the affidavits demonstrate that. Bendon said there was sufficient analysis of alternative sites. There is a June 2003 memorandum to Council from the parks and county staff outlining alternative sites. Bendon said there was a lot of consideration of alternative sites. Bendon said voting within the COWOP was established by the COWOP. The issue of voting by proxy was addressed in the first meeting and the rules are addressed by the members and one must be present to participate. Bendon told Council there was a city parks representative on the COWOP and one county representative from the solid waste center. Bendon said community development and environmental health staff were present but were not voting members. Bendon reminded Council the COWOP membership was established and agreed to by the Council. Dwayne Romero, Obermeyer, told Council the architects were tasked with what was outlined to Obermeyer in their land lease agreement to advance the design of the recycle center. Romero said Obermeyer asked the architects to work on a design because they had a timeline. At the first COWOP meeting it felt like the design was a done deal. Romero said COWOP members raised that and the architects stepped back so this could be addressed. Mayor Klanderud said she was a member ofthe Obermeyer COWOP and there were discussions of a recycle center within the Obermeyer building, which as rejected by the COWOP. Mayor Klanderud said the temporary site behind Community Banks was analyzed by Council who decided they were not interested in seeing the recycle center there on a permanent basis. Councilwoman Richards said she, too, expressed concerns there were already plans drawn for this recycle center, which was addressed. Councilwoman Richards said the 1993 Rio Grande master plan is a dated document. The master plan said the skateboard park is one half pipe, which has been greatly expanded. Councilwoman Richards said she wanted to look at relocating the recycle center to city-owned property at Bleeker, but 14 Re2ular Meetinl!: Aspen City Council June 26. 2006 that property has been used for a different purpose. Councilwoman Richards said one goal is to preserve view planes with low profile development; this curved roof structure is a low profile development. Councilwoman Richards read from the master plan about this parcel being across from S/C/I zoning; that and its proximity to downtown, a variety of land uses including essential community services are considered appropriate for this site. The master plan also states that essential community services should be located on the eastern portion of site B. Councilwoman Richards stated the 1993 Rio Grande master plan anticipated the potential for the recycle center as an essential public facility staying in that location. Councilwoman Richards requested before any construction, the city and Obermeyer look into the safety of this site. Councilwoman Richards suggested some space for seasonal recycling items, like Christmas trees and extra landscaping soils or branches. Councilwoman Richards said the site on Mill street would be totally inappropriate for a recycling center. Councilwoman Richards said she prefers a roof to improve the user's experience and to have a quality facility. Councilwoman Richards said the recycle center has been in this location at least 15 years. Councilwoman Richards noted there are impacts to accrue to individual neighborhoods from living in a larger community. Councilwoman Richards said if there is a delay, there is the potential for higher costs with the rise in cost of construction materials and Obermeyer finishing their project. Councilman Torre said he supports this project and the land use issues. Councilman Torre said he is not convinced about the height of the structure. Councilman Torre said he has looked at other possible sites for recycling. Councilman Torre stated he finds this proposal in compliance with the Rio Grande master plan. The master plan specifically outlines this area as a potential site for an essential community facility. Councilman Johnson said he is pleased with the results ofthe COWOP. Councilman Johnson said he feels the neighbors' concerns were taken into account and made it a better project. Councilman Johnson said the project is architecturally elegant and he likes the concept that it is a whole idea. Councilman Johnson said this is an inventive and creative way to provide a recycling center made out of recycling products. Councilman DeVilbiss said a lot of work has gone into this project and nothing will be gained from putting this off for a month. Bendon read from the land use code that essential public facility is one that serves an essential public purpose, is available for use by or benefit of the general public and serves the needs of the community. Mayor Klanderud reiterated in 1993 the location of the recycle center was identified as a location for an essential public facility. The moratorium does not affect an essential public facility. The definition read satisfies the recycle center as an essential public facility. Mayor Klanderud said on a site inspection, she found that trees were what is blocking the view of Independence pass. Mayor Klanderud noted this plan does not include snow melting ofthe street nor the infrastructure to do so. Mayor Klanderud said for a recycle center to use recycled materials is grand. Mayor K1anderud said she likes the inclusion of an informative display. Mayor Klanderud stated is it consistent with city goals and with the canary plan to spend money on green building. Bendon reminded 15 Re2ular Meetinl!: Aspen City Council June 26. 2006 Council they are considering final COWOP review, rezoning for a PUD overlay, PUD final development final development plan, SPA final development plan review, and growth management approval for an essential public facility. Councilman DeVilbiss moved to adopt Ordinance #22, Series of2006, on second reading; seconded by Councilman Torre. Roll call vote; Councilmembers Torre, yes; Richards, yes; DeVilbiss, yes; Johnson, yes; Mayor K1anderud, yes. Motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 9:20 p.m.; seconded by Councilman Torre. All in favor, with the exception of Councilman DeVilbiss. Motion carried ORDINANCE #23. SERIES OF 2006 - Exemptions from the Moratorium Jennifer Phelan, community development department, reminded Council a temporary moratorium was adopted in April and it prohibits any new land use applications in certain zones. No building permits may be submitted for property in those zones except developments that will not increase the floor area or is a single family or duplex. Ms. Phelan said the exemptions recommended by this ordinance are temporary use, certificate of no negative effect, certificate of appropriateness for minor development to be reviewed by HPC, designation to the historic inventory, insubstantial PUD amendments and variance applications. Staff recommends one be able to apply for a building permit if they are improving accessibility. Staff also recommends building permits for temporary uses and special events be allowed. Mayor Klanderud opened the public hearing. Lennie Weinglass told Council he would like to replace the awning on the east side of his building to make a better dining and waiting area. Council said if this ordinance is adopted, Weinglass can make that request to community development department. Ms. Phelan entered into the record an e-mail in support of these changes. Mayor Klanderud closed the public hearing. Councilman DeVilbiss said unless exemptions are really needed, he would prefer not to add any exemptions. Councilwoman Richards said she would like to know what sort of exemptions are being approved. John Worcester, city attorney, suggested staff provide a weekly summary of exemptions processed. Council agreed. Councilman DeVilbiss moved to adopt Ordinance #23, Series of2006, on second reading; seconded by Councilwoman Richards. Councilman Torre moved to suspend the rules and to extend the meeting to 9:30 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. 16 Rel!:ular Meetinl!: Aspen City Council June 26. 2006 Council agreed the summary would be good so that they have an idea of what is going on in the building permit areas. Roll call vote; Councilmembers Torre, yes; DeVilbiss, yes; Johnson, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to adjourn at 9:25 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. ~ K S. Koch, City Clerk 17