HomeMy WebLinkAboutminutes.council.20080428Regular Meeting Aspen City Council April 28, 2008
PROCLAMATION -Aspen High School Hockey Team ............................................. ..... 2
PRESENTATION OF SUSTAINABILITY REPORT ................................................. ..... 2
CITIZEN PARTICIPATION ......................................................................................... ..... 2
COUNCILMEMBER COMMENTS ............................................................................. ..... 4
CONSENT CALENDAR .............................................................................................. ..... 4
• Resolution #34, 2008 -Contract Design Aspen Ice Garden Lockers Rooms.... ..... 5
• Resolution #35, 2008 -Contract Diesel Emissions Control Technology ......... ..... 5
• Resolution #36, 2008 -Accepting Grants From Governor's Energy Office ..... ..... 5
• Request for Noise Variance -Jazz Aspen Rio Grande June 19 - 22 ................. ..... 5
• Minutes -April 14, 2008 ................................................................................... ..... 5
ORDINANCE #14, SERIES OF 2008 -Supplemental Appropriations ....................... ..... 5
ORDINANCE #11, SERIES OF 2008 -Clarifying Definition of Maintenance for
Wheeler Opera House .................................................................................................... ..... 5
ORDINANCE #13. SERIES OF 2008 - Interfund Loan .............................................. ..... 6
RESOLUTION #37, SERIES OF 2008 -Lot 3 Adams Subdivision Annexation ........ ..... 7
ORDINANCE #3, SERIES OF 2008 -Fire Station COWOP ...................................... ..... 8
RESOLUTION #38, SERIES OF 2008 - ZG Master Plan COWOP Eligibility ........... ..... 9
ORDINANCE #4, SERIES OF 2008 -Code Amendments S/C/I Zone ....................... ... 14
ORDINANCE #9, SERIES OF 2008 -Extension of S/C/I Moratorium ...................... ... 17
ORDINANCE #1 Q SERIES OF 2008 - Extension of Commercial Mix/Historic Interiors
Moratorium .................................................................................................................... ... 18
I
Reeular Meeting Aspen City Council April 28, 2008
Acting Mayor Simon Dolginow and Acting Mayor Pro Tem Tyler Moore called the
meeting to order at 5:00 p.m. with Council members Skadron, Johnson, Romero,
DeVilbiss and Mayor Ireland present.
PROCLAMATION -Aspen High School Hockey Team
The Mayor, City Counci] and the citizens of Aspen proclaimed Apri129"' Aspen High
School Hockey team day in order to celebrate and honor the hockey team in their
contributions to their school, city of Aspen and the western slope.
PRESENTATION OF SUSTAINABILITY REPORT
Lee Cassin, environmental health department, presented the first City of Aspen
Sustainability Report, which is a report card and measurement of how the city is doing on
issues like resource use, air quality and traffic, temperature trends, greenhouse gas
reductions, water quality and use, recycling and trash generation. Ms. Cassin noted with
this report, the city will be able to tell where improvements are made or where more
attention is needed. Ms. Cassin said the report is on the city's website. Mayor Ireland
told Council when he was in Chamonix, France, last week; he addressed the city Council
on global warming. Chamonix, too, is losing skier days and their glacier is melting due
to global warming.
CITIZEN PARTICIPATION
1. Jim Markalunas presented an excerpt from his manuscript on Aspen in the 1920's
and noted the Council was very frugal and the Mayor cleaned the ditches. Markalunas
presented a petition requesting improved bus service on the cross town shuttle, 2 hours
earlier and 2 hours later, or to re-route the Cemetery Lane bus through the west end.
Markalunas presented a petition requesting a 4-way stop sign at Gillespie and 5`h; people
tend to speed down Gillespie as there are no stops. Markalunas commended the streets
department on the excellent snow removal job over a very heavy snow winter.
2. Marilyn Marks suggested Council has Grassroots TV record and broadcast the
work sessions so the public can appreciate the amount of work and topics the Council
discusses.
3. Jon Busch said there are complaints about the dangerous unlighted conditions on
Main street; the lighting is inadequate. Busch said the parks deparhnent and the electric
department are working at cross purposes. Busch requested Council direct that trees
blocking the street lights be pruned. Bush said this is the time of year to be pruning.
4. Mike Maple suggested Council consider the density of some sister cities, like
Chamonix and get input from sister cities on zoning issues.
5. Bill Wiener thanked Council for appointing him to the Lift One COWOP. Wiener
noted members are to report back to the groups they represent and he represents the
Regular Meeting Aspen City Council Apri128, 2008
people of Aspen, guests and future generations and is reporting through Council. Wiener
said there is a great opportunity at the Lift One site to develop an international
destination. Wiener noted Lift One site is '/z the size of the World Trade Center site.
Wiener said in order to develop a world class destination it should be looked at as one big
track with no property lines, free to deve]op whatever the program outlines. The zoning
restrictions should be set aside. Wiener said the task force has to unbundle the projects
and the solutions should be able to congregate things like affordable housing on the site,
getting more parking and larger parks. Wiener said the task force should take advantage
of the architecture school at CU, who would be willing to have students work on this.
Wiener told Council he suggested this to the COWOP and received a reply that "the Lift
One neighborhood process is working in accordance with the already approved COWOP
procedures and we are, therefore, not going to accept your suggestions as it is not in
keeping with what we have been asked to do by City Council". Wiener stated this is an
impediment from options and moving forward quickly.
Mayor Ireland stated the COWOP must be free to adopt the procedures it sees fit;
Council is not going to force the COWOP to do that. Mayor Ireland said it is not a
citizen process if Council tells the COWOP what result they want. Councilman Johnson
agreed anything should be able to be presented to the task force from within the task
force and it should be voted on. Councilman Romero and Mayor Ireland said they will
carry this to the Lift One COWOP.
6. Andrew Kole disagreed with Wiener; in the COWOP there is a plan and a process
and members should not change that to suit their desire. Kole said everyone has been
treated equally in the Lift One COWOP. Kole said when he brought up the film on
historic preservation and using local filmmakers, Council said they would consider local
firms. Kole noted the affordable housing survey is being done by someone out of the
valley and the city hired a researcher on scrape and replace at $5000/week. Kole
reiterated these contracts should be offered to valley businesses first. Kole said Council
is allocating money to Quiet Aspen and suggested it be managed by CCLC rather than
the environmental health department. Kole said he supports Peter Fornell's suggestions
for the commercial core.
Mayor Ireland agreed local firms should be considered; however, the housing survey
needs someone with experience in that field, and they have questioned bus riders and
construction workers. The person hired for the scrape and replace work has knowledge
of the city and of the GIS program.
7. Toni Kronberg said the city's meeting schedule should be more readily accessible
on the city's website. Ms. Kronberg asked if there is more parking available for bicycles
and scooters. Ms. Kronberg said the city needs to build an outdoor swimming pool to
encourage the school's athletic program. Steve Barwick, city manager, said he will check
with staff about the bicycle and scooter parking; if there is enough, where more maybe
located.
Regular Meeting Aspen City Council April 28, 2008
COUNCILMEMBER COMMENTS
1. Councilman DeVilbiss said he is really proud of Aspen and all the things the city
is doing, like canary initiative, the way the city dealt with the extra heavy snow year, the
community support. Councilman DeVilbiss said he feels there is a great balance of
community and resort. Councilman DeVilbiss stated he is fortunate to live in Aspen and
to serve on Council.
2. Councilman Johnson said he has a problem with the Li$ One COWOP and that
Bill Wiener, a COWOP member, was told he cannot bring a proposal to the task force.
Councilman Johnson stated if members of a task force cannot make a proposal to the
entire task force, what is the point of a task force. Councilman Johnson requested the
task force discuss the proper way for a member to present ideas to the task force.
Councilman Johnson said he wants this task force to succeed and roadblocks should not
be set up at the beginning, which might call the results into question. Councilman
Romero said as one of Council's representatives he will carry this issue to the task force.
Mayor Ireland agreed it is much better to hear and decide the matter than to not hear it
and then hear about it forever.
3. Councilman Romero thanked all citizens who have volunteered for task forces
and he hopes they all stick with it to see the completion of whatever the initiative is.
Councilman Romero encouraged the rest of the community to realize all task forces are
open to observation and participation, even if one is not a member.
4. Mayor Ireland reported he visited Aspen's sister city in Chamonix. Chamonix
Mayor and Council sent best wishes and a desire to continue the sister city relationship.
Mayor Ireland said Chamonix and Aspen discussed their similaz problems, affordable
housing, global warming, traffic and transportation.
5. Mayor Ireland agreed to do something about the lighting in town; it is absurd to
have Christmas lights up in Mazch and April. Councilman Johnson agreed and said he
supports the dark sky initiative of Pitkin County. Councilman Johnson asked
environmental health to do a comparison about the carbon footprint of the fire hearth
versus the carbon footprint of the Christmas lights.
6. Mayor Ireland said he was injured while bicycling and his total bill including an
ambulance ride and stitches was 105 Euros ($150).
7. Mayor Ireland said the Historic Preservation task force asked Council whether
they are free to review the current regulations, including Victorian regulations and free to
make recommendations to Council. Mayor Ireland told Council he said yes; however,
the historic preservation task force needs to start with a foundation of why the community
wants historic preservation before decided on rules and regulations.
CONSENT CALENDAR
Reeular Meetin¢ Aspen City Council April 28, 2008
Councilman DeVilbiss moved to approve the consent calendaz; seconded by Councilman
Romero. The consent calendar is:
• Resolution #34, 2008 -Contract Design Aspen Ice Garden Lockers Rooms
• Resolution #35, 2008 -Contract Diesel Emissions Control Technology
• Resolution #36, 2008 -Accepting Grants From Governor's Energy Office
• Request for Noise Vaziance -Jazz Aspen Rio Grande June 19 - 22
• Minutes -April 14, 2008
Councilman DeVilbiss requested Jazz Aspen stop at 11 p.m. and not go any later.
All in favor, motion carried.
ORDINANCE #14, SERIES OF 2008 -Supplemental Appropriations
Councilman DeVilbiss moved to read Ordinance #14, Series of 2008; seconded by
Councilman Skadron. All in favor, motion carried.
ORDINANCE NO. 14
(Series of 2008)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET
MANAGEMENT PLAN FUND EXPENDITURES OF $4,067,650, AN INCREASE IN
THE GENERAL FUND OF $3,279,880, AN INCREASE IN THE PARKS FUND OF
$103,200, AN INCREASE IN THE WHEELER FUND OF $1,578,850, AN INCREASE
IN THE PARKING IMPROVEMENT FUND OF $216,480, AN INCREASE IN THE
HOUSING DEVELOPMENT FUND OF $5,413,880, AN INCREASE IN THE KIDS
FIRST FUND OF $97,410, AN INCREASE IN THE STORMWATER FiTND OF
$815,900, AN INCREASE IN THE PARKS CAPITAL IMPROVEMENT FUND OF
$2,136,990, AN INCREASE IN THE WATER FUND OF $33,190, AN INCREASE IN
THE ELECTRIC FUND OF $593,320, AN INCREASE IN THE HYDROELECTRIC
FACILITY FUND OF $229,690, AN INCREASE IN THE TRANSPORTATION AND
PARKING FUND OF $599,860, AN INCREASE IN THE GOLF FUND OF $2,000, AN
INCREASE IN THE TRUSCOTT FUND OF $4,301,670, AN INCREASE IN THE
MAROLT FUND OF $24,880, AND AN INCREASE IN THE HOUSING
AUTHORITY FUND OF $8,980
Councilman Johnson moved to adopt Ordinance #14, Series of 2008, on first reading;
seconded by Councilman DeVilbiss. Roll call vote; Councilmembers Romero, yes;
Skadron, yes; Johnson, yes; DeVilbiss, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #11, SERIES OF 2008 -Clarifying Definition of Maintenance for
Wheeler Opera House
Regular Meetine Aspen City Council April 28, 2008
Mayor Ireland said Council has received a-mails about whether they can adopt this
ordinance without a public vote, and he would like to hear from counsel in executive
session before adopting this ordinance. Councilman Skadron supported that request.
Councilman Johnson moved to continue Ordinance #11, Series of 2008, to May 12;
seconded by Councilman DeVilbiss.
Mayor Ireland opened the public hearing.
Toni Kronberg asked Council to address the changed definition of "physical
improvements or additions necessary to insure performing arts venues .." and that this
does not mean maintenance and citizens are concerned about additions without a vote of
the public. Mike Maple agreed maintenance and addition are two very different things.
Maple requested Council consider striking "addition" from the ordinance. Marilyn
Marks asked if Council received her mail; Council indicated they had.
Mayor Ireland closed the public hearing.
All in favor, motion carried.
ORDINANCE #13. SERIES OF 2008 -Interfund Loan
Mayor Ireland said this ordinance is to facilitate borrowing money from the Wheeler fund
to pay for the purchase of the BMC property.
Councilman Johnson moved to adopt Ordinance #13, Series of 2008, on second reading;
seconded by Councilman DeVilbiss.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Councilman Romero noted earlier, two different financing techniques were discussed, the
previous recommendation and this financing method. Don Taylor, finance director,
reminded Council the repurchase agreement was entered into November 2007 to raise
money to buy the BMC parcel. Taylor said the two different financing methods are two
steps to accomplishing the same end. The repurchase agreement raised cash from
securities that were invested for an intermediate term, 5 to 10 years. The city entered into
a repurchase agreement which is a contract to simultaneously sell the securities and to
buy them back at stated prices, which allows one to keep a position of the original
securities and which is what the city wanted to do. Taylor noted the housing fund did not
have $18 million to purchase the BMC parcel. This could have been borrowed from the
Wheeler endowment fund or by issuing COPS or by a lease purchase. There was not the
option to enter into debt because debt has to be authorized by the electors. The Interfund
loan is not debt; the repurchase agreement is an investment transaction.
Regular Meetin¢ Aspen Citv Council Apri128, 2008
Paul Menter, then finance director, told Council the intent of the repurchase agreement
was a bridge to the new fiscal yeaz to avoid ayear-end negative fund balance. Menter
said both the liquidity action and the fund accounting challenge are necessary. Menter
told Council in the staff transition, this step got dropped.
Councilman Romero said his other concern is analyzing the RETT, its current
performance and the projected performance versus the budgeted expectation. Taylor said
the RETT is off about 25% and even at those levels, a bond issue can be done. Taylor
noted the coverage under the original pro forma was twice the debt service. Taylor said
most investment firms expect coverage of 1.25 times. Taylor said staff will watch that
coverage but they do not anticipate a problem. Taylor said the Wheeler can be paid back
in as little as 2 years, even if the bond does not pass.
Councilman Skadron noted Menter's memorandum made reference to the legality of the
repurchase agreement and whether it might violate Article X Section 25 of the
Constitution. Taylor said the repurchase agreement is not in violation. Councilman
Skadron asked from where the 4.61% interest comes to repay the Wheeler endowment
fund. Taylor said that was the yield on the city's investment pool at the time of the loan
and the intent was to keep the Wheeler endowment fund as if the money was still in the
investment pool, Councilman Skadron asked how the city can guarantee that interest
rate. Steve Barwick, city manager, said the intent is to pay the Wheeler back at the rate
they would have been earning through the investment pool; it is not a guaranteed interest.
Councilman Skadron asked if the slowing economy will have an impact on the city's
ability to repay at a specific rate. Barwick said as the payments aze made, the Wheeler's
ownership in the investment increases and they earn from that amount. Barwick said the
Wheeler endowment fund will be repaid at interest that the city's investment portfolio is
earning Councilman Skadron stated he is voting against this because he has uncertainty
about how the investment works.
Roll call vote; Councilmembers DeVilbiss, yes; Skadron, no; Romero, yes; Johnson, yes;
Mayor Ireland, yes. Motion carried.
RESOLUTION #37, SERIES OF 2008 -Lot 3 Adams Subdivision Annexation
John Worcester, city attorney, told Council this property is located at the southwest
corner of 7~h and Hopkins Avenue. This is the second step in a three-step process and is
the public hearing to determine whether or not the property complies with the annexation
statutes. Worcester noted there is 1/6 contiguity with the city and a community of
interest exists. The area is urban. The property proposed to be annexed is not subdivided
into sepazate interest and 100% of the property owners have consented in writing to the
annexation. The publication and public notice have been completes and there is no other
annexation pending for this property. This will not extend the city's boundary more than
3 miles and is consistent with the annexation element of the AACP.
Regular Meeting Aspen City Council April 28, 2008
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Councilman Johnson moved to adopt Resolution #37, Series of 2008; seconded by
Councilman Romero.
Councilman DeVilbiss asked what the statement that the property to be annexed is not
divided in separate parcels means. Worcester said he thinks the state legislature meant
they did not want owners to divide up their property without the consent of all owners to
be eligible for annexation. For this annexation, 100% of the property owners have
petitioned to annex so there is no splitting of the parcel.
All in favor, motion carried.
ORDINANCE #3, SERIES OF 2008 -Fire Station COWOP
Ben Gagnon, community development department, said this is the proposed
redevelopment of the Fire Station and the Thrift Shop at 420 East Hopkins.
Councilman Johnson moved to adopt Ordinance #3, Series of 2008, on second reading;
seconded by Councilman DeVilbiss.
Mayor Ireland opened the public hearing.
Gagnon said in January 2006, Council found the fire station eligible for COWOP process.
In March 2006, Council approved a resolution endorsing the massing, height and scale
for the redevelopment. In May 2006, voters of the fire district approved a bond to pay for
redevelopment of the fire station in town and at North 40. Gagnon noted in December
2007, Council allowed the inclusion of the Zupancis property in the COWOP study for a
temporary shelter for a fire engine during redevelopment of the Hopkins station.
Daryl Grob, fire chief, reminded Council the fire district determined a consolidated
downtown headquarter station may no longer be the best solution due to the congestion
west of town. The fire district has built a substation west of town at the North Forty. The
temporazy fire station at Zupancis will be operational by the end of this week. Grob told
Council they have been to HPC, twice, and revisited the proposal with COWOP.
Councilman Skadron stated he was on the COWOP as the P&Z representative.
Councilman Romero noted he is on the fire district board and recused himself from the
discussion
Scott Lindenau, architect Studio B, presented renderings of the proposed building, which
design responds to the context of the downtown area and scale. Lindenau showed
pictures from historic research on fire stations in town. Lindenau pointed out the plaza
element, the museum and the thrift shop. Councilman Skadron asked about the lighting
Regular Meeting Aspen City Council Apri128, 2008
from the glass area. Lindenau said there will be glazing to minimize that; however, the
tower is part of the drama. It will not be a beacon of light.
Junee Kirk said this is a great design; however, there is a historic task force in place and
they should get public input on something being built in a historic neighborhood. Toni
Kronberg said this project meets the definition of essential public facility and meets the
requirements of the COWOP standazds. Nancy Gensch, Thrift Shop, thanked the
COWOP process, the HPC and the fire district for taking the Thrift Shop through the
process with them. Ms. Gensch gave pictures of the Thrift Shop and an accounting of the
money they have given back to the community. Ms. Gensch noted they give away 91.3%
of what they take in.
Mayor Ireland closed the public hearing.
Councilman DeVilbiss said this has been a long time coming and is a substantial addition
to Aspen's safety infrastructure. Councilman DeVilbiss noted this is an example of what
he referred to earlier about how wonderful the city of Aspen is. Councilman DeVilbiss
stated he supports this project including the Thrift Shop with no reservations.
Councilman DeVilbiss said the fire station and the Thrift Shop are two cornerstones of
the Aspen community.
Roll call vote; Coancilmembers Johnson, yes; DeVilbiss, yes; Skadron, yes; Mayor
Ireland, yes. Motion carried.
RESOLUTION #38, SERIES OF 2008 - ZG Master Plan COWOP Eligibility
Ben Gagnon, community development department, reminded Council there was a work
session Apri18`h discussing the potential for COWOP on these pazcels. Gagnon said staff
incorporated the feed back from the Apri18`h work session into this proposal. Gagnon
noted there has been an informal public process on the future development of the area
from North Mill east to the Zupancis property. The entities involved in this area are the
city, Pitkin County, the Aspen Are Museum, ACRA and Pitkin County Library. Gagnon
proposed rather than a task force with appointed members, the task force is the public at
large
Gagnon told Council there has been good direction From the previous public meetings. If
this is found eligible for a COWOP, the public meetings will be conducted with keypad
voting rather than the less structured thumbs up/down exercise. Gagnon noted this is not
a public/private partnership but a large public project. Gagnon said this next step is to get
to the conceptual phase, mass, scale, height, foot prints, uses and program. Gagnon said
when those issues are more concrete, the program will be brought to Council in a
resolution. There will be a formal HPC process and each party will go through
approvals.
Mayor Ireland said he likes the direct democracy approach; this is a creative suggestion.
Mayor Ireland requested the meetings be held at different times so more people can
ReHUlar Meetin¢ Aspen Citv Council Apri128, 2008
attend. Councilman Romero said he has concerns about continuity and consistency using
the direct democracy approach. Gagnon said at the next public meetings, names and
addresses will be taken and demographics will be put together. Gagnon told Council
staff plans on a round of public meetings in June and in August. If there is a consensus
by August, staff will turn the recommendation into a resolution for Council's
consideration. If there is no consensus, the plan would need to be revised. Gagnon said
the plan has tentative footprints, mass and scale. Councilman Johnson asked how much
this process wil] cost. Gagnon said it will cost $100,000 split between the 5 parties to get
to the conceptual level.
Councilman Johnson asked if the public at large disapproves, will the project start over.
Gagnon said this project will not happen without public support and it would have to start
over. Councilman Johnson asked what the end goal is. Gagnon said there has to be a
formal entitlement process. Councilman Johnson said he thought the interested parties
and/or public would tell Council what the uses should be on the sepazate parcels. Staff is
now talking about feasibility, height and mass and specific proposals. Councilman
Johnson said he is looking for a use plan for this pazcel rather than height, scale, mass
and feasibility, which is a different concept. Councilman Johnson said Council has not
gotten the master plan type report of what the uses should be for this area.
Gagnon said in November 2007, there was a public meeting with about 75 participants
where each party talked about why they should be located at the Zupancis Galena site.
This was turned into a local television program. The meeting in August identified uses
for the different parcels. The use plan has been developed through the informal public
process. Gagnon noted the civic master plan shows 1 to 3 option of uses for each site; the
Zupancis Galena master plan is at the next level with particulaz uses for each site. The
next step will include check ins with Council and the parties and the resource teams.
Mayor Ireland said he feels this process is a worthwhile undertaking.
Mayor Ireland opened the public hearing.
Toni Kronberg said all the pazcels except the Zupancis piece fell under the former Rio
Grande Plan master adopted in 1993. Ms. Kronberg said this has gone to the point where
the public has been excluded. Ms. Kronberg noted there are two conditions of approval
in the civic master plan, one of which states enhancement of existing uses should be
permitted. Ms. Kronberg said this request is for approval of all the development projects
to go forwazd in a COWOP process. Ms. Kronberg noted the resolution states a public
vote maybe required; however, the time frame does not mention a public vote. Ms.
Kronberg said there is no "no" in this process. This is a big project and individual pieces
should go through the land use process; it should be split up for a site specific
development plan.
Junee Kirk said this is premature. Ms. Kirk said last year the civic master plan was
approved by P&Z and existing uses were conditioned on approval it. Ms. Kirk
questioned why the government has to fast track this proposal for further development
when the city is overrun with development. Ms. Kirk said existing uses should be looked
10
Regular Meetin¢ Aspen City Council April 28 2008
at. Ms. Kirk noted there is a historic overlay in the area of the Courthouse and if projects
start expanding around the Courthouse and to the degree this does not fall into the
category the AACP and historic overlay, assigning this to a COWOP process and fast
tracking it is a poor idea.
Heidi Zuckerman Jacobson, Aspen Art Museum, told Council she was a member of the
civic master plan and represents the museum on this ZG process, which has been a very
democratic process. Ms. Jacobson said people vote their interests, and if people are
interested in the ZG process, they will take time and voice their opinion. Ms. Jacobson
said this is a unique partnership; it is a public/public partnership with the city and county,
museum, ACRA, library and the plan is for the greater public good of the community.
Ms. Jacobson said this plan will take a lot more work and time to finalize.
Phyllis Bronson said she does not see this redevelopment as for the greater good of the
community. Ms. Bronson said she likes some of the building in the area just the way
they are. Ms. Bronson said the idea that everything has to be bigger and better is
bothersome. Aspen is not very big and the buildings are close together. Ms. Bronson
said there is a lack of discernment about keeping the existing buildings alive.
Mayor Ireland closed the public hearing.
Councilman Johnson moved to adopt Resolution #38, Series of 2008; seconded by
Councilman Romero.
Councilman Skadron asked where this project is with a vote of support and where it is
with a vote of denial. Gagnon said with a vote of support, the parties would put together
a plan to hire consultants for issues like engineering, traffic, use of the historic cabins,
conceptual architectural and conceptual landscaping. The parties would plan for the next
public meetings. If this is a no vote, staff would request direction on whether Council
wants a specific task force rather than the public at large. Gagnon said this could go to a
master planning process and staff would approach that in the same way with public
meetings, a master plan and a site plan. This and the COWOP would both be conceptual.
Councilman Skadron asked how close to a site plan this is. Gagnon said at the Jerome,
massing, height, scale and footprint were presented. Gagnon said more sections,
background, view corridors, relationship between structures need to be presented.
Councilman Skadron said a vote of denial would send this back to a different review
process to get to a conceptual site plan. Gagnon said the natural evolution of the
planning process is going in a common sensical order. Gagnon reiterated this will not
happen without community support.
Councilman Skadron asked if staff feels the public has played a significant role in this
project. Gagnon said the civic master plan with a 24 member task force went on for 7
years. The report was published in the newspaper. Every time there was a meeting about
the Zupancis plan, staff tried to do public outreach and advertising. This started with a
design charette in March; there was a public meeting at Rio Grande, at city hall, where
11
Reeular Meetine Aspen City Council April 28, 2008
critical comments were taken. There was a meeting to the Hotel Jerome with 160
attendees.
Councilman Johnson said he does not feel the public comment had an impact on this
proposed plan. Councilman Johnson said he feels a step has been skipped and that the
Council was going to receive a report like the civic master plan with several potential
uses for each parcel and then the step of getting broad public input and comment in a
formal way, on the results of the plan. Councilman Johnson said if the COWOP starts
pushing a particulaz type of building, other possibilities are being shut down.
Councilman Johnson said he feels this area is acceptable for COWOP, if each parcel goes
through the process individually. Councilman Johnson stated he does not feel Council
and the public has had the conversation about what the general uses should be and have
adopted that formally. Councilman Johnson said he feels the general public as a task
force is a mistake; if the city wants to know what the public at lazge thinks, it should be
taken to a vote. Councilman Johnson said the next step should be to get the results from
the partnership, what proposed uses for each parcel are and adopt that.
Mayor Ireland said the point of a COWOP is to make things fit together rather than doing
this with 8 different COWOPs. If that is what Council wants, the COWOP should be
dispensed with and each parcel can come in individually. Mayor Ireland said a process
like that will take the next 10 years and robs the city of the element of integrated uses and
cooperation. Mayor Ireland said this community has done things without regazd to
broader uses.
Councilman Johnson said the process started 2 or 3 years ago was to outline each parcel
and the various uses and how they will fit together. Councilman Johnson said this
proposal seems to be going straight to height and scale and mass. Councilman Johnson
said Council needs to talk about the uses; when a building a proposed, all the uses have
been taken into consideration and that particular project can go through a COWOP or a
land use review.
Gagnon said a master plan could be submitted to P&Z for them to make a
recommendation to Council. Council would then review the master plan. From there,
individual parties can go forward with COWOPs or with land use processes. That is the
alternative to the proposed public COWOP. The master plan would include a conceptual
site plan and a phasing plan for the individual parties/parcels. Councilman DeVilbiss
asked why the recommendation of a public at lazge COWOP. Gagnon said staff feels that
process fits because people have been participating in the process in greater and greater
number.
Councilman Romero said the core issue is uses For the parcels and locations for the
parties and asked what the level of consensus is at this point. Gagnon said the consensus
matches the level of informality to date. Staff has not received input that this is the
wrong track; however, it has not been a formal public process. Councilman Romero
asked what happens in the process if there is a shift of ideas for one certain pazcel.
Gagnon said if the plan does not get more than 50% approval, it will not be taken to
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Regular Meeting Aspen City Council Apri128 2008
Council. Gagnon said this is public property and it will get a higher level of scrutiny with
informed decision making and feed back. There have been adjustments to the plan
through the process up to now.
Councilman Romero said if Council felt, at this point, there was not enough consensus,
could staff come back with suggestions as to how to complete the task to gain better
consensus. Gagnon said the uses are inextricably linked to where they are located, their
size and how much of each one is needed and how they relate to each other and what
each use can bring to the project of public infrastructure improvements. Councilman
Romero said he feels like the plan has received lukewarm acceptance where the uses are
landing. Councilman Romero stated he is not convinced there is sufficient consensus to
where all pieces and uses reside. Councilman Romero said the city needs to make a more
compelling argument that there is broad community support to gain a higher level of
consensus.
Gagnon said this outlined procedure should get to the broader community support.
Gagnon noted this site has been talked about in the community since 1999 and it is time
to make the process more formal. There will be several meetings with keypad voting
open to everyone where height, mass, scale, footprint and uses will be discussed.
Councilman Johnson said Council debates issues and has community discussions, to let
the public talk to Council. Councilman Johnson said Council is able to talk about the
ideas, benefits and negatives then through keypad voting. Councilman Johnson said he
felt questions asked at the Jerome public meeting were not listened to or adequately
addressed.
Mayor Ireland said public hearings in front of Council are not interchanges and devolve
into speeches with no chance for follow ups. Councilman Romero suggested letting the
process continue forward and focusing on uses as that work needs to be completed.
Mayor Ireland suggested instituting anall-public COWOP and limiting the first phase to
uses, not height and scale, and then come to Council for a check in to see if Council
agrees with the proposed uses or wants to have a public hearing on the uses. Councilman
Johnson said he thought the proposed uses report is what Council would get at this
meeting.
Mayor Ireland amended the motion to accept the process and limit it to discussion on
uses which will then be reviewed by Council who will decide whether to go forward or to
hold a public hearing.
Councilman Johnson said Council and staff convened the partnership a yeaz ago and the
city gave funds to that process. Councilman Johnson said he thought there was going to
be an end at the end of the year and he would like that finished before going any further.
Gagnon told Council staff has always envisioned COWOP as the appropriate planning
process because COWOP was designed specifically for public projects. Councilman
Skadron said it is important to him that this gets moved to the formalized process as he
agrees the conversation about general uses has not been had publicly. Councilman
Skadron said he would also like a summary of the work done to date. Councilman
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Regular Meetine Aspen City Council April 28.2008
Romero said he is persuaded that the first step is not quite complete. Mayor Ireland
noted Council indicates they would like a report, summarizing what has been done
regazding uses on the property. Council will decide whether they want to have public
hearings on those uses.
Mayor Ireland moved to continue Resolution #38, Series of 2008, to May 27; seconded
by Councilman Skadron. All in favor, motion carried.
Councilman DeVilbiss left Council at 9:30 p.m.
Jim Curtis, representing the Aspen, Institute, asked Council if they will get to the last
item on the agenda, the Aspen Institute. Mayor Ireland said the code amendment S/C/I
will take some time and he does not want to do a disservice to the Institute. Council
agreed to continue the Aspen Institute to another meeting.
ORDINANCE #4. SERIES OF 2008 -Code Amendments S/C/I Zone
Ben Gagnon, community development deparhnent, reminded Council at the last public
hearing, March 24`h, they agreed on several issues in the code amendment. There are
outstanding issues, medical office, brewery, height and cross ownership, to decide on.
Mayor Ireland stated for the definition of physician's office he wants to include physical
therapists and also have primary care physicians accept both Medicare and Medicaid.
Mayor Ireland said he is willing to accept the Aspen Brewing Company's compromise of
a 48 ounce limit. The Brewing company said they would be willing to accept the
regulations as if they were a licensed establishment.
Councilman Skadron said his overriding issue with the brewery is to honor, recognize
and promote the intent of the S/C/I zone district. Councilman Skadron stated unlimited
consumption of beer leaves the door open to uses not included in the zone district.
Councilman Skadron said he would need to be persuaded that 48 ounces is necessary to
accomplish a tasting. Councilman Skadron said this feels more about having another
beer and not about establishing the appropriate amount of beer to generate sales of the
product. Councilman Skadron said he fears making these allowances will result in not
being able to maintain the zone district.
Councilman Romero stated he does not care what is being shown on TV in a brewery.
Councilman Romero said there are 6 beers being brewed and one could taste each beer of
about 6 ounces each or 6 tastes times 6 equals 36 ounce limit. Councilman Skadron
pointed out the data provided by staff on other tastings at other breweries, none of them
allowed as much as 48 ounces. Councilman Romero said in a brewery, the core business
model is wholesale to local restaurants and hopefully to restaurants all over.
Councilman Johnson said he went to the brewery and it felt like a bar, not a brewery.
Councilman Johnson stated his concern is there is a difference of offering a sample of
one type of beer and a sample of another type of beer versus 3 pints of one type of beer.
Councilman Johnson said he Gazes about the success of the brewery business; however,
14
Regular Meeting Aspen Citv Council April 28, 2008
the only way this business can afford the rent is that Council has protected the S/C/I zone
from bars and restaurants and other uses that drive up the rents. Councilman Johnson
said he can live with offering tastes of different beers and the way in which it is served.
Mayor Ireland agreed Council is trying to protect the S/C/I zone from becoming a high
end use zone and he does not want to open the S/C/I zone up to uses that will destroy it.
Councilman Skadron suggested two different limits; one for the public and one for
wholesalers. Councilman Johnson said he could support a limit like 5 small tastings and
a pint of one of the beers that had been tasted.
Council agreed the limitation for brewery would be 6 times 6 (6 beers of 6 ounces) or 4
times 6 (4 beers of 6 ounces) and a pint of the favorite. Wholesalers are exempt from that
]imitation.
Gagnon said the definition Council agreed upon at the last public hearing was primazy
care physicians, ob-gyn, pediatrics, family practice and accepting insurance and Medicaid
and walk-ins. Bridgette Belinkki, representing the Aspen Medical Care, told Council it is
not feasible for a practice to accept both Medicaid and Medicaze and no physician's
offices in Aspen take both. Ms. Belinski said Medicaid is a federaUstate partnership
funded by the States and is for indigent care. Mayor Ireland said he does not want to
create uses in a zone district where the rents are lower and then not accept lower income
people.
Councilman Johnson asked where Medicaid patients can and do go in Pitkin County.
Councilman Johnson agreed it will be difficult to make zoning work for a particular use
and that use does not address the entire situation. Councilman Romero stated he supports
the introduction of the limited level definition of medical offices, primary care, in the
S/C/I zone. Kim told Council she has done free work for the public health office neaz
the hospital, who does accept Medicaid. Kim said there are offices that take Medicaid
and offices that take Medicare. The offices that take Medicaid are federally supported,
one at AVH and a family practice in Glenwood.
Councilman Johnson said Council cannot make one practice solve all the problems of a
national health Gaze dilemma. Ms. Belinski told Council they are the only practice that
continues to accept new Medicare patients. Council discussed with the representatives of
Aspen Medical Care billing practices, paying over time and whether a discount applies,
whether clients with insurance pay less. Councilman Johnson said the nation has a
system that does not take care of poor people and a town where free market residential is
pushing businesses out of town. Councilman Johnson said he is willing to accept
"Medicare or Medicaid" in the definition. Mayor Ireland said he does not think people
who cannot pay up front should be discriminated against.
Councilman Johnson said Council has to answer to all businesses that are searching for
office space. Councilman Johnson noted Council will have to determine businesses of
sufficient importance to the community as a whole so that a distinction may be made.
Council discussed allowing medical offices in the entire S/C/I zone, not just the
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Regular Meeting Aspen City Council April 28 2008
Obermeyer portion of S/C/I. Council agreed licensed physical therapists could be added
to the definition. Mayor Ireland suggested that the definition of medical office and of
primazy care physician be identical and both include licensed physical therapist.
Councilman Romero agrees medical office should apply to the larger S/C/I district.
Councilman Romero noted Council is trying to respond to a critical community need.
Councilman Romero asked about the 2500 square foot limit on medical offices. Gagnon
said that describes the space in the crescent building. Mayor Ireland proposed
eliminating the medical office definition; use the primary care definition throughout the
S/C/I zone and expand the definition to include licensed physical therapists as another
form of primary care and that the primary care physicians must take Medicaze or
Medicaid, walk-ins, and insurance. Council agreed.
Gagnon said the next issue is cross ownership of free market units and staff proposed as a
condition to make the applicant come up with a strategy that is satisfactory to staff and
Council to demonstrate an operational strategy to insure minimal vacancy periods.
Councilman Romero said the cross ownership issue is not just limited to S/C/I projects.
Councilman Romero noted there are problems with adjacency at the Obenneyer project,
conflicts of use between residential and commercial. Councilman Romero said
demonstration by the applicant to mitigate friction points is acceptable; however, this
condition should apply more broadly to more zones. Mayor Ireland noted his objective is
to protect low end uses from being eliminated.
Councilman Johnson said Council should discuss whether free mazket should be allowed
at all in this zone. Councilman Johnson suggested if there is only one area for
redevelopment in the S/C/I zone, it might be handled as a PUD. Councilman Johnson
noted that redevelopment encourages the end of low-end uses. Councilman Skadron
agreed Council needs a discussion on the amount of free market, if any, would be
allowed. Councilman Johnson reiterated the primary goal of the S/C/I is to retain the
uses listed and anything that hinders that goal is objectionable.
Councilman Romero said the inclusion of free market residential in mixed uses is in
character with the community plan and he is not in favor of the exclusion of that use.
Councilman Johnson said the existence of the possibility of free market residential is
what is driving development in Aspen. The city seems to be in a position to not have
enough tools to achieve the other community goals. Gagnon said free market residential
is a conditional use and the code could be amended to add as a condition to address cross
ownership. Gagnon said the conditions address separation of uses and the occupancy
could be replaced with a prohibition on cross ownership of free market residential and
commercial. Councilman Johnson said he would like this code amendment to address
issues that have arisen over the past several yeazs.
Mayor Ireland said staff will modify the conditional use standards to include protection
from commercial uses being encroached on whether that is cross ownership or some
other protection. Councilman Romero stated he does not favor prohibition of cross
ownership.
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Regular Meeting Aspen Citv Council Apri128, 2008
Councilman Johnson said he feels the 35' allowable height is problematic for this azea.
The argument has been that taller structures belong at the base of the mountain. There is
commercial core zoning that allows for more height. This property is almost on the river
and should be more stepped down. Councilman Romero said 35' is all right with him.
John Worcester, city attorney, noted not allowing the 5' extra may force applicants into
PUD. Gagnon said without the extra 5' at Obermeyer, it shoved the commercial lower
and may have been a disservice to the project. Councilman Johnson said if the height is
for commercial, it should be for that specifically not an overall height. Councilman
Romero said he is willing to abandon the extra 5'. Councilman Skadron said allowing
heights beyond 35' is creating too lazge a mass.
Mayor Ireland moved to continue Ordinance #4, Series of 2008, at May 27~h; seconded by
Councilman Johnson. All in favor, motion carried.
Peter Fornell told Council he would like to turn the existing restaurant space at 520 East
Cooper into 5 retails spaces around an atrium. Fomell requested Counci] exempt this
from the provisions of the Commercial Core moratorium. Fomell said when the
moratorium is over, restaurants and retail will still be permitted uses in the commercial
core zone. Fornell noted there is language in the ordinance to exempt this, which would
exempt building permit applications that replace in whole or in part basement restaurant
uses with restaurant or retail uses. Fomell said these proposed spaces would potentially
house affordable commercial because the space would be small, 250' squaze feet.
Mayor Ireland said this seem like the kind of experience worth trying if Council has
access to full information about the consequences of this decision; does it really provide
affordable retail uses the community has been missing. Councilman Johnson agreed this
solution deserves Council consideration. Councilman Johnson said if Council approves
the proposed wording, he would like to know the implication across the entire zone, not
just this one address. Councilman Skadron agreed he likes the idea but would like more
information. Council said one issue is to know how to make sure this will be "affordable
commercial". Gagnon noted the exemption language is in Ordinance #10; it should be
deleted and staff will present a more general exemption.
ORDINANCE #9, SERIES OF 2008 - Extension of S/C/I Moratorium
Councilman Johnson moved to adopt Ordinance #9, Series of 2008, on second reading;
seconded by Mayor Ireland.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Roll call vote; Councilmembers Skadron, yes; Romero, yes; Johnson, yes; Mayor Ireland,
yes. Motion carried.
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Regular Meeting Aspen City Council April 28.2008
ORDINANCE #10. SERIES OF 2008 - Extension of Commercial Mix/Historic
Interiors Moratorium
Councilman Johnson moved to adopt Ordinance #10, Series of 2008, on second reading;
seconded by Councilman Skadron.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Mayor Ireland amended the motion to delete Section 3, referring to an exemption for a
commercial building on Cooper Avenue; seconded by Councilman Johnson. All in favor,
motion tamed.
Councilman Romero said he is frustrated with the process and with having to continue to
extend this moratorium.
Roll call vote; Councilmembers Johnson, yes; Romero, yes; Skadron, yes; Mayor
Ireland, yes. Motion tamed.
Mayor Ireland moved to continue the meeting to Apri129 at 4 p.m.; seconded by
Councilman Skadron. All in favor, motion carried. Council left Chamber at 12:20 a.m.
Kathz` S. och, City Clerk
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