HomeMy WebLinkAboutminutes.council.20090223Regular Meeting Aspen City Council February 23, 2009
OUTSTANDING EMPLOYEE BONUS AWARDS ......................................................... 2
CITIZEN PARTICIPATION .............................................................................................. 2
COUNCIL COMMENTS ................................................................................................... 3
CONSENT CALENDAR ................................................................................................... 5
• Minutes -February 9, 2009 .................................................................................... 5
• Resolution # 12, 2009 -Contract -Castle Creek Hydroelectric Environmental
Study ............................................................................................................................... 5
• Request for Food & Wine Banners on Main Street Light Poles ............................. 5
• Ordinance #3, 2009 -Adopting Instant Runoff Voting Procedures continue to
th
March 9 .........................................................................................................................
5
ORDINANCE #4, SERIES OF 2009 -Approving an SPA Amendment for Aspen
Institute ............................................................................................................................... 5
ORDINANCE #5, SERIES OF 2009 -SPA Amendment Pitkin County Jail ................... 6
ORDINANCE #6, SERIES OF 2009 -Growth Management Aspen Ambulance District 6
ORDINANCE #2, SERIES OF 2009 -Rescinding Deed Restriction Buckhorn Lodge ... 7
RESOLUTION #13, SERIES OF 2009 -Hannah Dustin Subdivision Agreement
Amendment ......................................................................................................................... 8
1
Reeular Meetin¢ Aspen City Council February 23, 2009
Mayor Ireland called the meeting to order at 5:08 p.m. with Councilmembers Romero,
Skadron, Kasabach and Johnson present.
OUTSTANDING EMPLOYEE BONUS AWARDS
Mayor Ireland and Council presented outstanding employee bonus awards to Rick
Magnuson, police department, for his quick response to a fire and to Jeff Pendarvis, asset
management department, for his extraordinary service when the department was short
staffed.
CITIZEN PARTICIPATION
1. Mayor Ireland said staff is going to recommend Ordinance #3, 2009, adopting
instant runoff voting procedures, be continued to March 9`h and proposed that be moved
to the consent calendar.
Councilman Johnson moved to put the continuation of Ordinance #3, 2009, to March 9`h
on the consent calendar; seconded by Councilman Skadron. All in favor, motion tamed.
2. Margaret Kravis told council while walking on the Hyman Avenue mall last
evening, she fell on the icy bricks. Ms. Kravis said bricks are not good for sidewalks and
suggested the city install a concrete strip walking area.
3. Roine St. Andre said the food expenditures are 8 times bigger than the budget and
purchasing card spending seems extravagant. Ms. St. Andre suggested there are too
many city employees. Ms. St. Andre said someone should be watching the expenses.
Steve Barwick, city manager, told Council staff is doing an analysis of the actual food
expenses. Barwick said preliminarily it appears the majority of them are justified. Staff
will go over this with Council. Barwick agreed there are some troubling expenditures,
like going away parties with more than a $50 contribution. Barwick pointed out food
expenses are about 1/10 of 1% of the entire budget. Barwick told Council if there are
people misusing the purchasing cards, there will be ramifications to that employee.
4. Brad Manosevitz, Grassroots Television, invited everyone to Channel 11 open
house March 5"' at 5 p.m. to show off the renovated television studio.
5. Andrew Kole said the Aspen Valley Ski Club showed Aspen Extreme at the
Wheeler and it was a fun event. Kole said this Saturday 40% of the parking spaces were
vacant and suggested the city suspend parking rules for Saturday; there are negative
revenues to that but a lot of empty parking spaces do not look good. Kole said the Art
Museum is circulating a petition about the sale of the Youth Center to the Art Museum
and recommended Council put this issue on the ballot so it can be voted on. Kole said he
originally thought the idea of instant runoff voting was a good idea. Kole said the system
of 50% plus 1 seems to not work. Kole said if the city is not stuck with instant runoff
voting, they should go back to the old method and work on this for 2 more years.
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Regular Meeting Aspen City Council February 23, 2009
Mayor Ireland said the voters amended the Charter to provide that elections will be by
instant runoff voting. Mayor Ireland said the city does not have the ability to say they
will not have an instant runoff voting procedure. Mayor Ireland said there are different
ways to look at instant runoff voting and Aspen is unique in voting for two candidates for
Council equally. Mayor Ireland said some people thought the IRV should emulate the
way elections were traditionally done.
6. Neil Siegel agreed no one can know the mind of voters on any ballot issue. Siegel
said when Council approved putting instant runoff voting on the ballot, the reasons were
to eliminate the need to conduct two elections and to afford the convenience of voting
only once. Siegel said there was no mention that amulti-seat runoff election maybe
defective. Siegel said the charter amendment does not address which method is more
balanced or fairer. Siegel noted the issue before Council is to determine which system
most closely replicates the existing runoff elections.
7. Jesse Boyce said this is an opportunity to simplify and to move forward in a
positive manner. Boyce said he prefers the sequential elimination method for runoffs.
Boyce said many of the anomalies will only happen if it is a close election with a lot of
candidates.
8. Toni Kronberg said there are ballot issues proposed like Lift One, the art museum
is proposing a question, the proponents of the aerial connection will propose a question.
Ms. Kronberg asked when the ballot language will be reviewed. City Clerk Kathryn
Koch said March 23 is the deadline for ballot questions. Ms. Kronberg said she would
like the AACP meeting dates announced so the public will know and can submit
comments.
9. David Guthrie said he supported instant runoff voting to save time, money and
energy. Guthrie requested Council listen to the task forces they appoint. Guthrie said
Council members being on task forces seem to give them a double vote. Guthrie said city
employees need to keep common sense and decency in mind with expenditures.
Everyone needs to take a step back and work better together; chippiness is not helpful to
anyone.
COUNCIL COMMENTS
1. Councilman Romero reported on RFTA Board meeting; they considered
shortening, doing away with, leaving as is or expanding the trail closure. The Board
voted to leave the trail closure in the Emma area as is. The RFTA board reviewed and
approved budget reductions in minor capital expenditures and a hiring freeze. The Board
requested staff analyze additional reductions for March in the face of reduced revenues.
2. Councilman Skadron requested a profit and loss statement from each city
department for the fiscal year 2003 and to include how many employees there were in
each department in 2003. Councilman Skadron said he would like this information for
comparison to the 2009 budget as adopted with 5% reductions.
Regular Meeting Aspen City Council February 23, 2009
3. Councilman Johnson brought up the Aspen Area Community Plan draft proposal,
which is being referred to as the community vision for the Aspen area. Councilman
Johnson noted under the purpose for the community vision, staff proposes consistency
with the AACP no longer be used as a criteria for judging development proposals and
staff proposes the land use code be amended to reflect the AACP as adopted.
Councilman Johnson said his issue with these statements is that they are policy
statements and Council and BOCC make policy, not staff. Councilman Johnson said
these are going to city and county P& Z with this purpose statement. Councilman
Johnson said staff offers no plan on amending the land use code to reflect the AACP or
how each section of the land use code could be amended.
Councilman Johnson said what is being proposed by staff is broader in scope and time
and Council should direct staff to include to P&Z every section that will need to be
amended and how long this will take. Councilman Johnson said he does not remember a
discussion about changing the name of the plan nor removing it as criteria for judging
development proposals. Councilman Johnson said this was to be a check in with the
public and an update to the Aspen Area Community Plan.
Chris Bendon, community development department, said there have been work sessions
with Council, BOCC and both P&Z to talk about the visionary aspect of the plan.
Bendon said it has been discussed that this is a way to amend the land use code to reflect
the community vision and this will be discussed in the next months, how and if the city
and county want to do this. Councilman Johnson said he does not think what is proposed
is what the Council discussed with staff and it is farther reaching than he expected.
Mayor Ireland agreed the document says the land sue code should implement the
community plan. Mayor Ireland stated revising the land use code to implement a
community plan is an enormous undertaking with time and money and public meetings.
Mayor Ireland said it is P&Z and Council's charge to review and update the Aspen Area
Community Plan and it is up to Council to decide how that plan will interact with the
code.
Councilman Johnson said he read that "in the future the community vision for the Aspen
area should not be used as a criterion for development proposals. Instead the community
vision should be used to amend the land use code in a way that reflects the community
vision". Councilman Johnson said he would like a time frame and an analysis of the
project and the costs. Bendon said the community vision, once adopted, will be used as a
template for amending the land use code and other development policies. Until that
amendment is in place, it will still be part of the review criteria.
Bendon said there is a draft, which is available on the website or in the community
development department office. There two open houses scheduled for this week,
Thursday and Friday. There is a work session with the city and county P&Z February
24th; a work session with Council and P&Z on March 3`d; a work session with the BOCC
and Council March 10th and on March 17th a work session with Council. This schedule
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Regular Meeting Aspen City Council February 23, 2009
will continue into April with weekly work session with a combination of city and county
and their P&Zs.
4. Mayor Ireland noted he is concerned about losing air service with the lack of
passengers coming into Aspen. Mayor Ireland said it would be difficult to get it back
once it is lost.
CONSENT CALENDAR
Councilman Johnson moved to adopt the consent calendar as amended; seconded by
Councilwoman Kasabach. The consent calendar is:
• Minutes -February 9, 2009
• Resolution #12, 2009 -Contract -Castle Creek Hydroelectric Environmental
Study
• Request for Food & Wine Banners on Main Street Light Poles
• Ordinance #3, 2009 -Adopting Instant Runoff Voting Procedures continue to
March 9`h
All in favor, motion carried.
ORDINANCE #4, SERIES OF 2009 -Approving an SPA Amendment for Aspen
Institute
Councilman Johnson moved to read Ordinance #4, Series of 2009; seconded by
Councilman Skadron. All in favor, motion carried.
ORDINANCE N0. 4
(SERIES OF 2009)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
CONSOLIDATED SPECIALLY PLANNED AREA (SPA) AMENDMENT AND
GROWTH MANAGEMENT REVIEW FOR A PERMANENT, SUMMER-ONLY
TENT, LOCATED UPON LOT 1-B OF THE ASPEN MEADOWS SUBDIVISION,
COMMONLY KNOWN AS THE ASPEN INSTITUTE, 1000 NORTH THIItD STREET
Chris Bendon, community development department, told Council this proposed location
is just north and west of the Koch building, which is just north of the music tent. Bendon
said the capacity of the tent is between 400 and 700, depending on the configuration.
HPC and P&Z both recommended in favor of this SPA amendment. Councilman
Romero asked if the applicant is aware of the 10 conditions of approval. Jim Curtis,
representing the Aspen Institute, told Council they have some minor clarifications but in
general they support the conditions.
Regular Meeting Aspen City Council February 23, 2009
Councilman Skadron asked how long it takes to put the tent up and take it down. Curtis
said it is about a week on either end. Councilman Skadron asked if the tent generates
employees. Curtis said it does not; the tent has been up for the past 3 years and has been
staffed with existing employees. Councilman Skadron asked if there are lights. Curtis
said there are no lights that will impact the neighbors to the north. Councilman Skadron
asked how an event is defined. Curtis noted P&Z recommended the tent be limited to 20
days of use rather than events. Councilwoman Kasabach asked if the color of the tent has
been decided on. Curtis said the Institute wants it to be white to match the music tent and
other tents on the campus.
Councilman Romero moved to adopt Ordinance #4, Series of 2009, on first reading;
seconded by Councilman Johnson. Roll call vote; Councilmembers Kasabach, yes;
Skadron, yes; Johnson, yes; Romero, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #5. SERIES OF 2009 -SPA Amendment Pitkin County Jail
Councilman Johnson moved to read Ordinance #5, Series of 2009; seconded by
Councilman Romero. All in favor, motion carried.
Ordinance No. 5
(SERIES OF 2009)
AN ORDINANCE OF THE CITY COUNCIL OF THE CTfY OF ASPEN, TO APPROVE
A SPECIALLY PLANNED AREA AMENDMENT AND A GROWTH MANAGEMENT
REVIEW FOR THE PURPOSE OF CONSTRUCTING AN ADDTI'ION TO THE PITKIN
COUNTY JAIL BUILDING LOCATED AT 485 RIO GRANDE PLACE, LEGALLY
KNOWN AS LOTS 1 AND 5, PITKIN COUNTY CENTER, CITY OF ASPEN,
COLORADO
Mayor Ireland noted his brother-in-law works at the jail; however, Mayor Ireland stated
he does not have a personal financial stake in his employment.
Councilman Johnson moved to adopt Ordinance #5, Series of 2009, on first reading;
seconded by Councilman Romero. Roll call vote; Councilmembers Skadron, yes;
Romero, yes; Johnson, yes; Kasabach, yes; Mayor Ireland, yes. Motion carried.
Councilman Skadron asked why staff recommended approval without seeing a master
plan. Errin Evans, community development department, said in general staff does not
encourage piecemeal additions; however, this is a minor addition and an entire master
plan was not necessary.
ORDINANCE #6, SERIES OF 2009 -Growth Management Aspen Ambulance District
Councilman Romero moved to read Ordinance #6, Series of 2009; seconded by
Councilman Johnson. All in favor, motion carried.
Regular Meeting Aspen City Council February 23, 2009
ORDINANCE NO. 6
(SERIES 2009)
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE
GROWTH MANAGEMENT REVIEW FOR THE PURPOSE OF ALLOWING A
VEHICULAR TENT SHELTER UNTIL 2013 TO PARK AMBULANCES AT THE
ASPEN VALLEY HOSPTIAL COMMONLY DESCRIBED AS 401 CASTLE CREEK
ROAD, LEGALLY DESCIBED AS PARCEL C, ASPEN VALLEY HOSPITAL
DISTRICT SUBDIVSION
Councilman Johnson moved to adopt Ordinance #6, Series of 2009, on first reading;
seconded by Councilman Skadron. Roll call vote; Councilmembers Skadron, yes; Romero,
yes; Kasabach, yes; Johnson, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #2, SERIES OF 2009 -Rescinding Deed Restriction Buckhorn Lodge
Jim True, city attorney's office, told Council this is a request from the applicant to lift a
deed restriction placed on their property in 1983 as part of a rezoning request. As part of
that request, the applicant voluntarily entered into a deed restriction to a 1:1 floor area
ratio. True said the 1:1 FAR limitation has been on the property since then. True told
Council the 1983 agreement required the applicants to prepare and record a deed
restriction, which was not done. The applicant is not arguing against the restriction on
the property. True said Council has the discretion to release the deed restriction or to ask
the owner of the property to comply with the obligation to prepare and record a deed
restriction. True said he does not believe releasing the deed restriction would have any
precedential value either way.
Chris Bendon, community development department, told Council staff feels
commercial/lodge CL zone is appropriate for the uses on the property; these are a mix of
commercial and lodging uses. Bendon noted there are only 3 parcels in town zoned CL,
this parcel, North of Nell and Aspen Square. Bendon said the 1:1 deed restriction is a
significant offering. Bendon said deviations from the allowable zone districts are either
done through a PUD where the dimensions can be amended or through an SPA, where
the uses can be varied. Bendon said when the city is asked to change zoning on a parcel,
they see a development application in order to weigh the merits of the project and the
community benefits. When Council is being asked to approve a project, they are also
asked to implement zoning changes and approve a PUD. Bendon told Council CL zoning
allows fora 2.5:1 floor area ratio; this property is limited to 1:1. Mayor Ireland asked if
there would be a requirement for affordable housing. Bendon said there would be a
requirement to mitigate for 60% of additional employees.
Councilman Johnson asked if there is an answer to why the owner offered up a 1:1 deed
restriction in 1983. Mitch Haas, representing the applicants, said they have not been able
to get a real answer. Mayor Ireland noted the city is being asked not to require the filing
of a deed restriction so that the property owners do not have to comply with 1:1 FAR.
Reeular MeetinE Aspen City Council February 23, 2009
Bart Johnson, representing the applicants, told Council they have a 99-year ground lease,
which is a lease of the dirt and they purchased the building. Under the ground lease, the
applicants have the right to redevelop the property. Aground lease is a financing or a tax
tool and conveys property rights without conveying the property. The applicants legally
own the building. Johnson said the applicants would like to figure out a way to redevelop
without a legal battle. Councilman Johnson asked if the ground ]ease can be conveyed to
others. Johnson said the ground lease is assignable. Councilman Romero asked if this
encumbrance was disclosed to the applicants. Johnson said this would not have been
covered by title insurance because it is a land use matter and the landlord did not disclose
the existing of this deed restriction.
Haas said the applicants propose to replace the 1:1 deed restriction with a requirement
that this property be subject to the PUD regulations as maybe amended. Haas said the
existing conditions of the property are determined to be the PUD in place and any
changes from the existing conditions will be reviewed as an insubstantial amendment by
staff or a substantial amendment, which will go through P&Z and Council. Bendon said
a PUD allows for the protections on the property in exchange for the deed restriction. To
do a different project, Council would review the PUD. True said staff is not prepared to
recommend on a PUD exchange and recommended this be continued.
Mayor Ireland opened the public hearing.
Ruth Karver, 708 East Cooper, requested Council to make sure the drainage issues from
their property to her property are addressed. Ms. Karver told Council al] the water from
this property drains on to her property and into the basement. Ms. Karver said they have
dealt with staff, surveyors, and the property owners. They have added water proofing
and foundation drains. The applicants said they will bring Ms. Karver into their
proposals early on and will address drainage.
Councilman Skadron moved to continue Ordinance #2, Series of 2009, to March 9`h;
seconded by Councilman Romero. All in favor, motion carried.
RESOLUTION #13, SERIES OF 2009 -Hannah Dustin Subdivision Agreement
Amendment
Jennifer Phelan, community development department, told Council this request is to
amend a subdivision agreement on 300 Spring street. Ms. Phelan told Council this was
approved in 2006 for redevelopment; there is an existing commercial building on the
property. The approval allowed for the addition of 3 affordable housing units, 2 free
market residential units and 2400 square feet of new commercial space. After city
approval, the property was condominiumized into two property ownership units, a
residential and a commercial component. The residential component has 2 free market
and 2 affordable housing units with underground parking. The commercial component
was the additional 2400 square feet and one affordable housing unit.
Regular Meeting Aspen City Council February 23, 2009
Ms. Phelan noted the original subdivision agreement was amended to allow for each
ownership interest at different times but it required the framing inspection for one phase
of development be received prior to the C/O for the other development. Ms. Phelan said
the residential phase is close to receiving a C/O but the commercial phase has not started
and will not be at 50% for the framing inspection as required by this agreement. The
applicant is requesting an amendment to the agreement to allow for a C/O for the
residential phase. Ms. Phelan said staff has worked with the applicant and this proposal
requires a deposit of $500,807 be received by the city prior to any C/Os being issued.
Ms. Phelan noted this money covers the cash-in-lieu payment for a category 2, two
bedroom unit. Ms. Phelan pointed out there is a deadline for the applicant to receive their
building permit which is July 31, 2009, which is also the vested rights expiration date.
Ms. Phelan said if the building permit is not issued, the deposit will be forfeited to the
city. If the applicant applies for an extension to the vested rights, the deadline date will
change to whatever the new vested rights date is. Ms. Phelan said with the deposit with
the city, if the applicant receives their building permit by the commencement date, the
applicant would receive 25% of the deposit back when the footing inspection is received
and the rest of the deposit at framing inspection. The framing inspection was chosen as
halfway of the project and is a guarantee that the project will be finished. Ms. Phelan
said this agreement recognizes the current economic challenges and tries to protect the
interests of the city.
Councilman Johnson said this was an infil] project and when it was reviewed by the city,
it was one project -commercial, residential and affordable housing. Councilman
Johnson said if only the residential project was proposed, the applicants may not have
gotten out of staff review. Councilman Johnson asked if it is outlined how the city may
spend the money. Ms. Phelan said if the applicants do not receive a building permit by
the required date, the money will be forfeited. Councilman Johnson asked if the
applicants can apply for an extension of their vested rights and what happens to the
money. Ms. Phelan said that would be an application to Council for an extension of
vested rights and if Council approved an extension, there would be a new date for
receiving a building permit. The deposit would still be required. The money will sit in
an account and will not be forfeited until the applicants do not receive a building permit.
Ms. Phelan noted the amount of the deposit is to create incentive to get a building permit.
Mayor Ireland asked what the city is relinquishing rights to the deposit at framing or
footing, which could result in a half built building and no deposit. Ms. Phelan told
Council typically the amount of investment to a framing inspection leads to a complete
project.
Councilman Johnson said there has been reliance by applicants that the land use code
trumps the Aspen Area Community Plan and if a project is in compliance with the land
use code, they should get an approval. Councilman Johnson said the Hannah Dustin
building was an infill project that received extra building rights because of what was
offered. Councilman Johnson noted this project was approved; one subdivision
amendment has been granted to delay construction of the commercial portion of the
Re¢ular Meeting Aspen City Council February 23, 2009
project. This is a second request to the subdivision approval to delay further the
commercial construction. Councilman Johnson said he does have faith that the
commercial portion of the project will be built. Councilman Johnson stated his concern
is that the residential and commercial have been separated and if the city does not require
the commercial be built as proposed, there will be no commercial or a very different
commercial project. Councilman Johnson said even if the city gets the $500,000, it is
difficult to build an employee unit.
Councilwoman Kasabach asked the community benefit of getting the commercial space
expanded. Councilman Johnson said the promise of infill was a recognition that
development within Aspen should occur east of the roundabout or the airport. One of the
reasons it was difficult to get affordable commercial space is that lack of that space.
Councilman Johnson said Council wanted affordable housing in town rather than creating
sprawl. Councilman Johnson said a project with commercial space or affordable housing
enabled one to get free market residential space. Councilman Johnson said this project
received the benefit of two free mazket residential units and has not met the other
promises. Councilman Johnson said there is a lack of reliance on the public that the
promises made are the promises kept. Councilman Johnson said he would like to rely on
consistency and this request has a cost to public perception.
David Myler, representing the applicant of the commercial portion of the project, stated
he does not agee with the comments and the applicants have tried to be mindful of the
community interest and benefits in this project and that the community receives what it
thought it was getting when the project was approved. Myler stated the applicants were
not the original developers and they did not feel the original program would work. Myler
said 2 of the 3 affordable housing units are complete and ready to be occupied. These
units can be rented or sold. In order to be rental units, the housing authority gets a small
percentage of the units. The deed restriction has been approved by the housing
authority. The first free market unit is ready to be sold after this issue is resolved. Myler
told Council all 10 of the parking spaces are complete. All on site improvements, except
for planting some trees, have been made. What is left on the project is one category 2
deed restricted unit and that is the reason for the $500,000 deposit, the city has the money
available to replace the mitigation requirement of that unit if the project is not complete.
Myler told Council the applicants spent time and energy reevaluating the design and
increasing the energy efficiency and improving the handicap access. Myler said a benefit
is real estate transfer tax revenues from the sale of free market units and 2 affordable
housing units for the community. Andrew Light, applicant, told Council $500,000 is a
significant amount of deposit which will encourage the applicant to complete the 2400
squaze feet of commercial space.
Councilman Johnson asked if an affordable housing unit adds to the value of a free
market unit. Myler said it confers some value. Councilman Romero said the main issue
is burdens and benefits for the community and the premise behind the infill and to link
the two sides of the project; commercial and residential. Councilman Romero asked
where the parking is located. Myler said 10 spaces are in the basement of the residential
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Regular Meeting Aspen City Council February 23, 2009
project with an elevator, 8 spaces are for the office building, 2 spaces are for the
residences. There are 3 surface spaces for the affordable housing units. Councilman
Romero said he would consider this proposal but does not favor the proposed refund
mechanism. Councilman Romero said that puts the burdens and benefits out of balance.
Councilman Romero said he would like to see the weight of the recovery of the deposit to
the very end of the commercial project. Councilman Romero said the trigger point of
footing inspection for 25% refund should be eliminated. Councilman Romero said the
first trigger point for any refund of the deposit should be the framing inspection and it
should be no more than 25% and the balance of the refund be tied to certificate of
occupancy. Councilman Romero said there should be a sunset for this project when the
city can call to retain the deposit.
Councilman Skadron said he can support staff's recommendation in that the commercial
component may or may not be built. Allowing for the residences to be occupied serves
the community better than having empty units. Councilman Skadron said the 2
affordable units can be occupied, which also serves the city's interest. The additional
affordable unit can be finished with the deposit of $500,000. Councilman Skadron stated
he can support this with the time changes suggested made by Councilman Romero.
Councilman Skadron said the risk to the community is smaller by approving the
amendment to the subdivision.
Mayor Ireland said empty structures are economically destructive for communities and
for neighborhoods. Mayor Ireland said he can support the compromise with the
additional condition that if the owner of the commercial interest fails to build the project
and forfeits the money, the applicant cannot come to the city and state they get credit for
providing affordable housing. This would be a forfeit, not a down payment toward a
future project. Mayor Ireland said the extension of the payment to time of certificate of
occupancy should be an issue at any renewal of vested rights. The city should make sure
they are not tied into an all or nothing extension of vested rights.
John Worcester, city attorney, asked if the applicants can represent that Snowmass
Corporation and Hyman Street Brownstones, LLC are not inter related. Myler said these
are two separate entities and no individual is involved in both. Myler said the applicants
are not suggesting they can come back after forfeiting the deposit and get credit against
future affordable housing requirements. Myler said if they lose vesting and if the city
were to require more that ltwo-bedroom unit and if that two bedroom unit is built, they
may get credit towards additional requirements.
Mayor Ireland said he would like to create the maximum incentive to build the
commercial project. Mayor Ireland supports negotiating a later phasing of the forfeiture
relief and the credit toward housing needs to be worked out with the city attorney's
office. Myler requested this be approved contingent on staff review
Mayor Ireland moved to approve Resolution #13, Series of 2009, with the provision that
exhibit A will be substantially as attached and directed to the city attorney for
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Regular Meeting Aspen City Council February 23, 2009
negotiation; seconded by Councilman Skadron. All in favor, with the exception of
Councilman Johnson. Motion carried.
Councilman Johnson moved to go into executive session at 8:40 p.m. pursuant to C.R.S.
24-6-402(4) (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or
other property interest and (e) Determining positions relative to matters that maybe
subject to negotiations; developing strategy for negotiations; and instructing negotiators;
seconded by Councilman Skadron. The topics are negotiations with the Burlingame
homeowners association; negotiations with Jody Gerberg and discussions of the BMC
property. All in favor, motion carried.
Also present are Jim True, Barry Crook, Chris Everson, Scott Miller, John Laatsch, Steve
Barwick, John Worcester and Kathryn Koch.
Councilman Romero moved to come out of executive session at 9:40 p.m.; seconded by
Councilman Skadron. All in favor, motion carried.
Councilman Romero moved to adjourn at 9:40 p.m.; seconded by Councilman Skadron.
All in favor, motion carried.
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