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HomeMy WebLinkAboutminutes.council.20090713Reeular Meeting Aspen City Council July 13, 2009 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 3 CONSENT CALENDAR ................................................................................................... 3 • Minutes -June 8, 22, 2009 ..................................................................................... 6 Board Appointments ............................................................................................... 6 • Election of Mayor Pro Tem and Approval of Council Appointments .................... 6 • Resolution #43, 2009 -Cozy Point Lease .............................................................. 6 • Resolution #44, 2009 -Supplemental EOTC %2 cent Funding ............................... 6 • Resolution #46, 2009 -Contract Relocation of 20" Waterline .............................. 6 • Resolution #47, 2009 -Appointment of Deputy Municipal Judge - Gardenschwartz ............................................................................................................... 6 ORDINANCE # 15, SERIES OF 2009 -Fees .................................................................... 6 ORDINANCE #17, SERIES OF 2009 -Amendment to Housing Guidelines ................... 7 ORDINANCE #14, SERIES OF 2009 - 222 East Hallam Rezoning/PUD ....................... 8 RESOLUTION #45, SERIES OF 2009 -Lodge at Aspen Mountain COWOP Eligibility Review ................................................................................................................................ 9 1 R~ular Meeting Aspen City Council Julv 13, 2009 Mayor Ireland called the meeting to order at 5:07 p.m. with Councilmembers Skadron, Johnson, Tone and Romero present. CITIZEN PARTICIPATION 1. Councilman Johnson left the meeting due to a conflict of interest; he lives within 300 feet of the project. Bill Wiener, Lift One Master Plan COWOP member, told Council he has come up with another plan that solves all the problems of the Lift One area. Wiener presented maps of the area and of his solution, which includes a new quad lift from Dean street. Wiener pointed out where hotels, affordable housing, community uses and free market residences could be located. Wiener noted all the community activity would be at the bottom of the site. The hotels would be crosswise on the site. This suggested plan has dispersed small buildings which is more appropriate for mountain architecture. This plan would create a sense of place and everybody wins. 2. Bill Stirling brought up the announcement that next year Aspen Music Festival and School will shorten their season by one week for budgetary reasons. Stirling said thi: later opening will affect the community, businesses and the city sales tax and the summer season will not start until the very end of June. Stirling said the AMFS estimates this later opening will save them $500,000. Stirling suggested the Council meet with AMFS to see if there is a way to partner with them and with the business community to resurrect the 9 week festival. Mayor Ireland said he will contact the Music Festival. 3. Larry Mayer said the dirt bikers have been kicked off their moto-cross track on Smuggler mountain and would like to find another site for their track. Mayer said they have looked at a site by the airport but that will not be allowed because of FAA concerns. Mayer said there is some land owned by the city out by the county maintenance facility that could be used as a moto-cross track. Steve Barwick, city manager, noted this land is owned by the city but is located in the county and would require county approvals. Mayor Ireland said Buttermilk seems like it might be a good place and suggested Mayer talk to the Aspen Skiing Company about the possibility of using land there. Council asked staff to take a look at the possibility of using the snowmelt site out by the county maintenance facility. 4. Jon Busch said he supports Bill Stirling's request that Council meet with the Aspen Music Festival and School about next season. Busch suggested this be done this summer while people have interests in this are still in town. 5. Junee Kirk said the Lodge at Aspen Mountain should go through every step of the land use process and the public should be able to comment on this project step by step. Ms. Kirk urged Council to allow a public vote on this project. 6. LJ Erspamer said when the city sets up a task force, there should be a structured process. Council should establish criteria and a process that is expedited and efficient. 2 Re¢ular Meetine Aspen City Council July 13, 2009 1. Councilman Romero said he attended Alberta Moore's memorial service. Ms. Moore was recognized for her almost century of service to this community. Councilman Romero said Ms. Moore is a wonderful model that people should strive to emulate especially regarding community service. 2. Councilman Johnson said he attended the arts and antique fair at the Aspen Ice Garden and it was a good use of the Ice Garden facility. 3. Councilman Torre noted Council looked into cushions for the chairs in the Council Chambers but they are not in the budget. Councilman Torre said anybody interested in donating cushions to the Council Chambers should get in touch with him. 4. Mayor Ireland said he attended the benefit for autistic children and the organization appreciates the support the community has shown for this program. 5. Mayor Ireland noted upcoming special events aze the Ride for the Cure, headquartered out of Snowmass August 22"a; the 12 hours of Snowmass, which is a mountain bike event, and the Aspen triathlon in which Councilman Romero, Councilman Skadron and Mayor Ireland will represent the city. 6. Steve Barwick, city manager, requested Council add to the consent agenda, Resolution #47, appointing Deputy Municipal Judge Ted Gazdenschwartz. Mayor Ireland moved to add Resolution #47, Series of 2009, to the consent calendaz; seconded by Councilman Tone. All in favor, motion carried. 7. Councilman Skadron reported on the CORE board meeting where they discussed expanding opportunities for generating revenues, like greater sponsorships. CORE is funded through REMP and sponsorships. 8. Councilman Skadron said he attended the RFTA board meeting where they are discussing how to make up fora $1.4 million budget shortfall, which is a result of a 24% decline in sales tax revenues. Councilman Skadron told Council he supported a combination of fare increases and route reductions. The decision was put off until August. Mayor Ireland noted traffic counts aze up and there is an appazent need for RFTA. Mayor Ireland said he supports service cuts and faze increases as a way to address the budget issues. 9. Mayor Ireland said he had a message from Representative Salazar about his vote against the carbon tax, which Council supported. Mayor Ireland said, with Council's permission, he will more fully explain Aspen's concerns to Representative Salazar. CONSENT CALENDAR Regular Meeting Aspen Citv Council July 13, 2009 Councilman Johnson requested Resolution #43, Series of 2009, Cozy Point lease be pulled from the consent calendaz. Councilman Johnson said he is concerned that many areas of the lease do not provide detail on when things happen. Councilman Johnson said the lease is favorable for the city and less so for the tenant. Councilman Johnson said one example, the reduction of greenhouse gas emissions by 20%, has no time line. The document strives to improve the ranch and operation. Councilman Johnson said he favors the lease. Stephen Ellsperman, pazks department, told Council the benchmazking has annual specific requirements and annual review of those issues. Ellsperman said the intent of the greenhouse gas reductions would be for staff and the tenant to evaluate and agree on a time line to accomplish those reductions. Ellsperman noted the lease is consistent with the city's goals for greenhouse reduction. Ellsperman said the staff and tenant can agree on timelines for those goals related to the facilities. Ellsperman said staff has to do a base line inspection to understand the facilities and how they can be improved. Ellsperman suggested adding "a mutually agreeable timeline between the tenant and the city". John Worcester, city attorney, said there are performance criteria that could have time frames and guidelines. Worcester said there aze aspiration goals in this document. Mayor Ireland said the lease should require that the tenant agree to a reasonable schedule for accomplishing the goals that do not have timelines. Worcester pointed out the lease requires the tenant and landlord to get together and developing short and long term goals and they can decide when a date certain needs to be included. Monroe Sommers, tenant, said he has voiced some misgivings about those clauses and timelines. Sommers told Council he has a good relationship with the city staff. Sommers pointed out Cozy Point facilities are very old and inefficient, almost not insulated. Sommers said there are two renovations of older cabins, approved and funded in 2007, and those cabins are 96% energy efficient. Upgrading the other facilities would be prohibitive; this is an old rundown facility. Sommers said rather than be required to purchase 47% of his power through renewable resource, he would prefer to try and find ways on the property to generate electricity. Sommers noted the current utility bills are $40,000/year. Ellsperman pointed out these requirements pertain to all city facilities. Ellsperman said staff and the tenant will get together to make a plan to accomplish the canazy goals. Mayor Ireland said there should be a time frame for the submission of the plan. Ellsperman noted this will be accomplished at the beginning of the lease and staff will attempt to make this clearer; it could be done within six months after the beginning of the lease period. Mayor Ireland moved to amend the lease to require the lease contain terms subject to the approval of the city attorney calling for the submission of a plan within six months of the commencement of the lease to accomplish the goals outlined in the document; seconded by Councilman Johnson. Councilman Torre asked if the lease contains prohibited uses, like non-related vehicle storage. Ellsperman pointed out section (i) addresses that issue and states this will not be operated as a storage facility for any vehicles not directly related to the equestrian facility 4 Reeular Meeting Aspen City Council July 13, 2009 or agricultural use. Councilman Torre asked about the Facility fiscal goals and a long range plan. Ellsperman said this lease is consistent with other Facilities maintained by the city. The long range plan comes from the RFP process which spells out what the proposer's long range financial goals aze. This was reviewed during the RFP process. Ellsperman noted the city's concerns were the rent payments and the capital improvements. Councilman Torre asked if the rent is a fixed rate over the next 10 yeazs. Ellsperman said it is a graduated rental rate above a fixed rental rate. Councilman Torre said there seems to be no provision for growth over those 10 years. Ellsperman said the business plan provides that the city will receive more rent based on the higher percent of gross receipts. Worcester pointed out the lease provides for increased rent when the tenants has increased revenues; as the tenant grows, payments to the city grow. Councilman Tone said he would like to see spelled out growth of facility, growth of caze, growth of program, of charitable outreach. Worcester noted the lease spells out the duties of the tenant with respect to the operation of the ranch. Worcester said this is where the city spelled out the tenant's duties regazding growing the ranch, providing services and programs. Worcester noted section (1) talks about recreational and educational opportunities. Councilman Torre said this seems to be allowing the operator to have a personal desire to grow the business. Councilman Torre said in city run facilities, the staff is held to a level of performance that helps evolve the facility and he does not see a requirement to up the offerings in this document. Worcester said this is the time for Council to spell out what they want the operator to do over the next 10 years. Ellsperman reminded Council these benchmarks were discussed at the last Council meeting, recreational opportunities, and educational opportunities at the ranch, not equine center, riparian and ecological improvements. These have all been increased and this lease is an improvement over the previous lease. Mayor Ireland pointed out the lessee has to report on all these activities, the number of days, to city staff annually. Councilman Torre said he is comfortable with Sommers as the operator and he would like the proposed business plan to be incorporated in this document. Worcester said the RFP is not part of the lease. Councilman Torre said he would like the proposed business plan be incorporated by reference. Mayor Ireland moved to further amend this to incorporate a reference to the business plan in the lease and agree upon what the business plan is that is being referred to and attach it as an exhibit; seconded by Councilman Torre. Councilman Torre moved to adopt the consent calendaz as amended; seconded by Mayor Ireland. The consent calendar is: Regular Meeting Aspen City Council July 13, 2009 • Minutes -June 8, 22, 2009 • Board Appointments BHI Don Taylor -Finance Department Jeff Pendarvis -Asset Management Jackie Kasabach -Citizen-at-large Jenny Elliott -Aspen Music Festival and School Child Care Advisory Committee -Linda Consuegra, Yvonne Hernandez and Beth Cashdan Wheeler Opera House -Brian O'Neil; Bruce Fretz Planning & Zoning Commission -Brian Speck Liquor License Authority -Jeff Wertz • Election of Mayor Pro Tem and Approval of Council Appointments • Resolution #43, 2009 -Cozy Point Lease • Resolution #44, 2009 -Supplemental EOTC '/z cent Funding • Resolution #46, 2009 -Contract Relocation of 20" Waterline • Resolution #47, 2009 - Appointment of Deputy Municipal Judge - Gardenschwartz All in favor, motion carved. ORDINANCE #15, SERIES OF 2009 -Fees Councilman Romero moved to read Ordinance #15, Series of 2009; seconded by Councilman Torre. ORDINANCE NO. 15 Series of 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ,INCREASE CERTAIN MUNICIPAL FEES Councilman Johnson said he would like to see comparison of what the fees were and the proposed fees and a percentage increase. Councilman Johnson asked if the city is 6 Regular Meetin¢ Aspen City Council July 13 2009 required to raise the Food service license fees just because the state raised the fees. Councilman Johnson stated in this economy, he is not in favor of increasing fees. Councilman Romero moved to adopt Ordinance #15, Series of 2009, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Torre, yes; Romero, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion tamed. ORDINANCE #17, SERIES OF 2009 -Amendment to Housing Guidelines Tom McCabe, housing director, told Council the housing department met with the County Commissioners to address the changes in the guidelines and there were some changes from the BOCC. The BOCC suggested a map showing the azea to which these guidelines apply be attached. Council agreed the inclusion of a map would be valuable and more clear. Cindy Christensen, housing department, told Council the county felt that since these are ownership units and they are primary residences, a person could apply for one six month leave in a calendar year, which is sepazate from the leave of absence policy. Councilman Skadron asked if these changes disallow a developer from purchasing and converting a free mazket unit in a complex to a deed restricted unit and is this a change to the land use code. McCabe said this would be Council policy to not allow those types of conversions. Chris Bendon, community development department, told Council this can be changed in the land use code; however, this is not a housing mitigation that is allowed by right; it is a discretionary review. If an applicant cannot demonstrate the future affordability of a converted unit, that approval can be turned down. Bendon said this is a mitigation option in the code and it has to go through review and there are criteria that address the permanent affordability of a converted unit. Councilman Romero asked about using R/O as a classification for some units. There are people who would be willing to purchase at an R/O price. Councilman Romero said he is hesitant to abandon the R/O category in order to keep stock in the inventory and to allow greater flexibility. Mayor Ireland agreed there maybe circumstances under which the R/O categories make sense but as a general solution it does not work. Councilman Skadron moved to read Ordinance #17, Series of 2009; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE NO. 17 (Series of 2009) AN ORDINANCE ADOPTING AMENDMENTS TO THE ASPEN/PITKIN COUNTY EMPLOYEE HOUSING GUIDELINES Councilman Romero moved to adopt Ordinance #17, Series of 2009, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Torre, yes; Skadron, yes; Romero, yes Johnson, yes; Mayor Ireland, yes. Motion carried. Regular Meeting Aspen City Council July 13, 2009 ORDINANCE #14, SERIES OF 2009 - 222 East Hallam Rezoning/PUD Jessica Garrow, community development department, told Council this application is to remove an SPA designation, rezone the property from S/C/I to R-6, adding a PUD designation and an alley vacation. Ms Garrow noted no new development is proposed as part of this application. This pazcel is just over 16,000 square feet with a single family house of just over 3,000 square feet of floor area. Ms. Garrow noted this pazcel has split zoning, it also has steep slopes on the rear of the property and a portion of the post office trail crosses the property without an easement. Ms. Garrow told Council the adjacent parcel, 216 East Hallam, went through a similar approval process in 2002. Ms. Garrow said this pazcel is accessed off Hallam; it is adjacent to the post office property. Ms. Garrow said staff believes the reason for split zoning is that the original townsite crosses this property in the same location. The original townsite map shows an alley on a portion of this property. Ms. Garrow said in order to remove an SPA designation, Council has to find that the property no longer meets standards outlined for Council. Ms. Garrow said staff feels the removal of the SPA designation is appropriate; the property is residential, both the use and the existing building. The SPA allows commercial and multiple uses on the property; however, the property has historically had only residential uses. Ms. Garrow said staff feels commercial uses aze inappropriate for this parcel because the neighborhood context is residential; the parcel is accessed off Hallam, not through Clark's Market area. Staff does not believe there are any unique historic, natural or physical characteristics to warrant an SPA designation. The rezoning would eliminate split zoning and would make this lot fit better with the neighborhood. Ms. Garrow told Council there are some changes to the dimensional requirements from the R-6 zone district. The sideyard setbacks in the R-6 zone are established by lot split and this lot is large, which would create a buildable strip of 8.65 feet. Staff recommends allowing a combined sideyard setback of I5', which is consistent with the existing building and adjacent properties in the area. The reaz yard setback is 10' from top of slope or 42' from the rear property line, done to protect the slopes at the rear of the property. All other dimensional requirements aze consistent with the R-6 zone district. The applicant has amended their application to allow the landing of TDRs in accordance with the R-6 district. Stan Clauson, representing the applicant, told Council the community benefit is the protection of the trail and slope on the back of the property. Councilman Skadron asked if the proposed setbacks are variances. Ms. Garrow said staff recommends a PUD designation so that the setbacks could be varied from the underlying zoning. Councilman Skadron asked why the trail is in its current location. Ms. Garrow said staff has been unable to determine the reasons but believes this was the most logical, flattest place for the trail. Councilman Skadron asked how many feet of trail cross this private parcel. Clauson pointed out the trail on a map and said it is 100 to 125' across the property. Clauson told Council the parks department has requested a trail easement 10' from the centerline of the existing trail, which makes it 20'. This approval will also protect the slopes with a conservation easement. Councilman Skadron asked what uses are being Regular Meeting Aspen City Council July 13, 2009 extinguished. Ms. Garrow said the rear of the property down to the trail is zoned S/C/I which would permit the same uses in the Clark's Mazket area. Councilman Skadron asked how much potential development could be located on that part of the property. Clauson told Council they did not calculate that because it seemed an inappropriate use of that property. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to adopt Ordinance #14, Series of 2009, on second reading; seconded by Councilman Romero. Councilman Skadron said he could agree to the removal of SPA and to rezoning it to R-6 but cannot agree to a PUD designation. Councilman Skadron said he believes in fair value to the property owner and to the community. Councilman Skadron said what the community is giving up is not equal to what the property owner is getting. Councilman Skadron said he is not persuaded that the community does not already have a right to use the trail as situated. Mayor Ireland said he feels the trail is of benefit because it is superior to what the city could get from an adverse proscriptive process. Mayor Ireland said there is a public benefit in creating locations where TDRs can be located that are appropriate for residential development. Councilman Romero said the PUD is only a means to create the setbacks that supplement the intent of the application to preserve the site and the slopes and to steer development where appropriate. Roll call vote; Councilmembers Johnson, yes; Romero, yes; Torre, yes; Skadron, no; Mayor Ireland, yes. Motion carved. RESOLUTION #45. SERIES OF 2009 -Lodge at Aspen Mountain COWOP Eligibility Review Councilman Johnson left the meeting due to a conflict of interest because he lives within 300 feet of the subject property. Chris Bendon, community development department, told Council this is an application and public hearing for COWOP eligibility. Bendon pointed out on a map where the property is located and the surrounding properties. This parcel is about 2.5 acres. Bendon noted this application is submitted by Centurion Partners, The Aspen Skiing Company and the City of Aspen because of the rights-of--way of the streets and alleys. Bendon said in 2001, approval was granted for 14 townhomes and 17 affordable housing units on this site representing about 100,000 squaze feet above grade. After that, an application was submitted as the Lodge at Aspen Mountain, which received conceptual approval and in late 2007, final approval was denied. Concurrently, the Lift One Lodge, located on the east side of Aspen street, was granted conceptual approval by P&Z. In early 2008, the two property owners, the city and the Ski Company initiated a master plan for that area called the Lift One Neighborhood Master Plan and created a COWOP Regular Meeting Aspen City Council July 13, 2009 of 27 members reviewing different ways to develop a master plan for the area. The review by Council ended in a 2 to 2 vote, which is no action by Council. There was some discussion about placing a project on the ballot in May 2009, which did not happen. Bendon told Council the applicants have been working on revisions to scale and mass and have been presenting these revisions to the public in a series of open houses. The Lift One project has resumed its conceptual application, which was put on hold during the master planning process. Bendon told Council the withdrawal of Lift One terminated the COWOP. The only reasonable way for the Lodge at Aspen Mountain to continue with revisions is to apply for the COWOP for this area. Bendon said one reason not to approve a COWOP is that this has already been through a year long process, which included staff, citizens and the property owners, meeting over 30 weeks in 3 to 5 hour meetings working through all the issues. Bendon noted the process was very thorough and involved property owners on both sides of South Aspen street; the participants had direct control over the proposed improvements and public benefits. Bendon said a reason to approve a COWOP would be that it may result in something better than townhouses, which do not do a lot for the community or for the resort. Bendon noted there are infrastructure needs in the area, streets, parking, and the lift, which would not be addressed by the townhome approvals. Bendon said if Council approves a COWOP, team members would be approved at a subsequent meeting. Bendon said he hopes previous COWOP members would want to participate. Staff has advertised for interested members and has scheduled a work session for Council to review and select COWOP members. The resolution notes 8 adjacent property owners to have representatives on this COWOP. The Council packet contains a proposed schedule for the COWOP task force. Bendon noted a lot of background work has been done by the previous COWOP that does not need to be covered again. Bendon pointed out this is an aggressive schedule of 5 COWOP meetings in order to bring a recommendation back to Council by the end of August with 3 public hearing in front of Council to come to a decision by the end of September. Bendon noted Council needs to decide whether to assess land use fees, which have not been done with COWOPs. Bendon told Council staff is not proposing to participate in joint funding of this COWOP. Mayor Ireland said the fixndamental decision for Council is whether they want to approve another COWOP. Councihnan Skadron asked what would be presented to the COWOP at the first meeting. Bendon said they would review the process, the schedule, and the former master plan goals. Councilman Skadron asked to what degree a COWOP is given an open slate to help design a project or is it only to modify an already designed project. Bendon told Council a COWOP has the ability to make any recommendation they would like and to go down any path they choose. Bendon said with this proposed time frame, the emphasis will be on the recommendation from last year, the scale and mass changes presented to date and aspects of the master plan that would be easy to amend. Bendon said with the Lift One project not participating in this master plan, there would not be discussion on things like lift alignments. 10 Reeular Meetin¢ Aspen City Couucil July 13, 2009 Councilman Skadron asked if there is opportunity for suggestions about the proposal from citizens. John Sarpa, representing the applicants, said there is that opportunity. Sarpa said the applicants did not feel the 2 to 2 vote negated all the good work the community put into this project. The applicants looked at scale and mass, which was the primary issue at the Council hearings. The applicants have had 3 public meetings with over 100 people to try and evolve the project in response to the project being "too big". During that time, the process changed and the applicants had to decide whether to build townhouses or to come back with another project. Sarpa said this is way the applicants felt they could get a reduced project back in front of Council. Sarpa told Council technically they could start all over; however, after 6 yeazs the applicants did not want to do that. Sarpa said the COWOP process is a regulatory process that allows a lot of public participation and then comes to Council for a decision. Sarpa said the only practical way to implement a majority of this plan, which came from the previous COWOP process and Council direction, like 100% affordable housing and how that housing is laid out, the public lockers, the parking is through a new COWOP. The applicants would like to bring back those to this next master plan. Sarpa requested Council's approval of another COWOP to look at the plan and the revised scale and mass and to figure out a way to build a hotel on this site. Councilman Romero noted the previous COWOP had exclusions and they were trying to avoid a vote of the electorate. Sazpa said they would like to avoid a public vote because of the uncertainty. Sarpa said this could be placed on the ballet by petition or by Council referral. Sarpa said the applicants hope to come up with a project that makes sense and to avoid an election. Councilman Romero asked about 3-D modeling and story poles to represent the proposed plan. Sarpa told Council they have the 3-D done as part of their public presentations. Sarpa said they propose to use fork lifts rather than story poles because fork lifts are mobile and can illustrate different heights of different pazts of the project. Councilman Romero noted an important part of the previous project was accumulation and landing of public benefits. Councilman Romero said the property on the east side of Aspen street is no longer part of the proposed master plan, what is the applicant proposing as safeguards to stay consistent with the land use application. Sarpa said they will still obligate themselves to pay a share of any community benefits between the two projects. Sarpa said they will be specific on what they are contributing to any benefits and also to allowing the city to step in and complete the community benefit. Sarpa said they plan to commit to financial contributions to make these benefits happen and will commit to all security measures discussed as pazt of the last COWOP. Councilman Romero said it will be a positive to be able to start with all the financial contributions and assurances and protection already discussed. Councilman Romero said this COWOP cannot suffer from falling behind on the timeline and deadlines. Councilman Romero said his reservations about launching another COWOP aze that all parties from the previous COWOP are no longer involved and the master plan cannot answer all the questions. Councilman Torre said he has problems 11 Reeular Meetine Aspen City Council July 13, 2009 returning this to a COWOP process. Councilman Torre said the applicant's reason is greater community good and the desire to have a lodge in this location and without a COWOP the time line will not work. Councilman Torre said he does not think this is a foundational reason to approve a COWOP. Councilman Torre stated he does not believe in the proposed schedule with a total of 4 COWOP meetings and the process being honored and effective. Councilman Torre said it seems more like a project review board than a COWOP. Sarpa said the many hours of the COWOP and the public presentations that have already occurred seem that the COWOP process can happen in a shortened time line. Mayor Ireland opened the public hearing. Toni Kronberg told Council she supports the COWOP process, which gives the public the opportunity to really participate rather than the limited public comment in a regular process. Ms. Kronberg noted there has been a lot of public input already and the developers are aware of what will work and what will not work. Ms. Kronberg said she feels the community benefit is the lodge rooms at the base of the mountain. Cliff Weiss said the COWOP will not have to redo the goals. Weiss said the COWOP arrived at their final plan without having to go to a vote and without that constraint; it may help the process and the final product. Weiss noted the COWOP worked under constraints of not moving parks, of placing affordable housing in certain locations. Weiss said Aspen does need more short term hospitality rooms and the plan was improved by going through the COWOP process. Bill Wiener said this is not a master plan, it is a site plan. A master plan should look at the whole problem. This should not be driven by a developer's financing constraints. Andrew Kole said if Council and the community do not care if this site has a hotel; a lot of time should not be spent on this. If Council wants a hotel, the COWOP seems to be the fastest and best way to achieve that. Kole said the developer has made an effort to listen to everyone. Kole said a hotel may be a better deal for the developer, but it is also better for the community, and it is time to decide to move forward or not. Mayor Ireland closed the public hearing. Sarpa said these are difficult times for the city, for the applicant, for the community. Sarpa requested Council help them find the process to address this development. It will not cost a lot of money and it will cost a couple of months of time. David Schoenberger said the community wants to be part of this process. Schoenberger said this project will come to a public vote. Council should recognize it is the community who is investing the time in this project. Schoenberger said it is the responsibility of Council to let this process go forward; there is a solution to the problem and more time needs to be put into it. Mayor Ireland said one of his mistakes was not insisting up front in the COWOP that this project be taken to a vote, which would have given the COWOP more flexibility. 12 Regular Meeting Aspen Citv Council July 13, 2009 Another mistake was the artificial deadline for the COWOP to finish. The most critical issue from the public was scale and mass and the COWOP did not have substantial time to consider the scale and mass. The project came to Council without having the ability to work on and to compromise the scale and mass issue. Mayor Ireland stated trying to do this COWOP in 2 or 3 meetings is also a mistake. Mayor Ireland said one of the complex issues to address is how this project interacts with the property across the street. Many of the public benefits are not possible without that cooperation. Mayor Ireland said there are large technical issues involved in the enforceability of promised benefits. There will have to be rigorous mechanisms to guarantee the public gets what it is promised. Mayor Ireland said he can support this through a public vote, which Council agreed upon earlier this year. It is time for the public to have a say in the project. Mayor Ireland said the proposed schedule is too aggressive to do what needs to be accomplished. Councilman Torre agreed with the Mayor's comments and said there are amendments he would be willing to look at. Councilman Romero agreed a deadline has not worked and he could see approving this without a deadline. Councilman Romero said criticisms of COWOPs are that they seem like getting around the land use process. Councilman Romero said without the adjacent property owner in this process, it elevates the details and it will take more time to work out the public benefits and their mechanisms. Councilman Romero said he does not want to throw in the towel. Councilman Romero noted he has checked the AACP, existing and proposed, and the notions of economic sustainability, retail, lodging, appropriate mix and balance, siting the hotel base and the appropriate sites are present in this proposal. Councilman Romero said his support is contingent on a COWOP without a deadline and the fact that it will go to a public vote. Councilman Skadron stated he is not a fan of the COWOP process and has reservations about this proposal. However, sense of place, dispersed small buildings were two themes that he brought up during the previous COWOP proposal in January and due to the lack of them, he voted against the project. Councilman Skadron said he is curious to see if this could result in a project that he could approve. Councilman Skadron stated he is willing to allow the COWOP to happen if there is no time deadline. Councilman Skadron said he does not want to put in a condition about a public vote until he sees what comes out of this process. Mayor Ireland said the COWOP should not be limited by not allowing a public vote, if it is required for park land or public rights-of--way. Sarpa said he is fine with a condition that there is no condition against a public vote. Mayor Ireland moved to adopt Resolution #45, Series of 2009, reinstituting the COWOP with the understanding there is no time limit and there is no constraint against a public vote; seconded by Councilman Romero. All in favor with the exception of Councilman Torre. Motion carried. Councilman Romero moved to adjourn at 8:35 p.m.; seconded by Councilman Torre. All in favor, motion carried. Kathryn S. Koch, ty Cl 13