HomeMy WebLinkAboutminutes.council.20181022Regular Meeting Aspen City Council October 22, 2018
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SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2
CITIZEN COMMENTS ............................................................................................................................... 2
CITY COUNCIL COMMENTS ................................................................................................................... 2
AGENDA AMENDMENTS ........................................................................................................................ 3
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #140, Series of 2018 – Amend Resolution #97, Series of 2014 ......................................... 3
Resolution #141, Series of 2018 – Appointing Pete J. Strecker as Director of Finance ....................... 3
Minutes – October 8, 2018 .................................................................................................................... 3
NOTICE OF CALL UP– Notice of HPC approval for Minor Development Review – including on-site
relocation and demolition of outbuildings – and Variations at 135 E. Cooper Avenue ............................... 3
NOTICE OF CALL UP – Notice of HPC approval for Demolition, Conceptual Major Development
Review, Conceptual Commercial Design Review, Transpiration and Parking Management and Growth
Management at 304 East Hopkins Avenue ................................................................................................... 4
ORDINANCE #30, SERIES OF 2018 – Election Code Amendment .......................................................... 5
ORDINANCE #31, SERIES OF 2018 – 488 Castle Creek Apartments Financing ...................................... 5
ORDINANCE #32, SERIES OF 2018 – 802 West Main Street Apartments Financing .............................. 6
ORDINANCE #33, SERIES OF 2018 – 517 Park Circle Apartments Financing ........................................ 6
ORDINANCE #38, SERIES OF 2018 – Lift One Lodge Subdivision – Planned Development; Major
Amendment to a Planned Development ........................................................................................................ 6
ORDINANCE #29, SERIES OF 2018 – 230 Lake Avenue Minor Subdivision Amendment ...................... 8
RESOLUTION #139, SERIES OF 2018 – Release of covenant requiring two affordable housing units at
304 E. Hopkins Avenue ................................................................................................................................ 9
EXECUTIVE SESSION – ............................................................................................................................ 9
Regular Meeting Aspen City Council October 22, 2018
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Mullins,
Hauenstein, Myrin and Frisch present.
SCHEDULED PUBLIC APPEARANCES
Proclamation – Aspen High School Golf Team Day - Steve Aiken, golf, said for the past 10 years in a
row, the team has won the 3A conference championship. This year they have climbed the highest
mountain and won the state championship for 3A. Their passion is the best I’ve ever seen.
Mayor Skadron read the proclamation
Bauhaus with the Aspen Institute
Lissa Ballinger and Crystal Logan from the Institute asked council to make 2019 the year of the Bauhaus.
We’ve convened a community wide committee to see if various arts organizations would be willing to
celebrate with us. We are the marketing umbrella with each organization hosting events. Lissa said
Bauhaus was a modernist art school that only existed for 14 years. It spanned 3 different locations and
was formed after the first world war. It was a radical art school. It was a commune with the goal to help
create an individual and a lack of ornamentation. In closing the art school most of the masters moved to
the United States and one to Aspen. There will be events all up and down the valley beginning next week
and going through August.
CITIZEN COMMENTS
1. Claire Sacco talked about parking on Lone Pine. She lives in Snowmass and usually takes the
bus. She drives once every 2 to 3 weeks. She used to park at lone pine. She is bummed to see
the change in parking to 4 hour parking. She parked there because she was supporting not
parking in the core and is now being penalized for that. Mayor Skadron said it is a fair comment
and we are struggling with the impacts. Claire asked what is the goal, is it no capability for any
free parking in town. It is not gaming the system it is trying to make it work.
2. Toni Kronberg showed images of where each proposed city office location would be. For option
A the total package price is a set contract price of $45 million dollars. Option B there is no set
contract price, it is estimated between 42 and 46 million. Option B takes away 22 parking spaces.
A does not take away any. She showed an image of what the view would be from Tasters. She
also said that Taster’s is not guaranteed to stay.
3. Lee Mulcahy said the eviction is based on a premature notice of violation.
4. Mick Ireland said he has lived in the Hunter Creek area for 30-40 years and people have parked
on the street. The 4 hours caught us by surprise. I proposed to Mitch the city register us and
exclude us from the parking. There are 3,117 voters who are registered to vote in Pitkin county
that will not get ballots this year. The clerk cannot correct addresses. If you have a bad address
and did not correct it, you will not get a ballot. The post office cannot forward a ballot. If you
have not received a ballot go to pitkinvotes.com and check your address.
CITY COUNCIL COMMENTS
Councilwoman Mullins thanked Mick for the heads up about the ballot. North West Cog is having a
meeting focused on water quality I hope to go.
Councilman Myrin said the St. Regis sold a 5th of the building without a penny being paid in transfer tax.
The attorney’s office and finance is looking into an exemption request. To me, it is insulting that they are
asking for an exemption request. I don’t know if we can say no more subsidized tickets for guests at the
Wheeler or no more subsidized housing for its employees until it has been paid. On 18 million the
Wheeler RETT would be $90,000 and housing would be $179,000. The sale of 312 W Hyman is there
any update. Steve Barwick, city manager, said we are discussing that in executive session. Councilman
Myrin asked do we have an appraisal for the community. Mr. Barwick replied it has not been appraised.
Regular Meeting Aspen City Council October 22, 2018
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Councilman Myrin said he would ask for an appraisal for a sale not just on a purchase. We can lose
money just as well as make money. The buy policy should be the same as the sell policy. It is all
community money.
Councilman Frisch gave a congrats again to the golf team. He also asked about the St. Regis. Andrea
Bryan, assistant city attorney, stated we are looking in to the St. Regis issue with the finance director.
Councilman Hauenstein said please study the issues and vote. It is your civic responsibility.
Mayor Skadron reminded everyone of the election website pitkinvotes.com. Today early voting starts.
Check out leadswithaspen.org. Swing by the Wheeler, on the rise. New and up and coming bands.
AGENDA AMENDMENTS
Mr. Barwick said we would like to add an executive session to the end of the meeting. Ms. Bryan said
the purpose is to discuss pending litigation and the purchase, lease, acquisition sale of real and pending
property.
BOARD REPORTS
Councilwoman Mullins attended the CML meeting on Friday. We talked about everything from rain
water collection to hazmat route oversite. I take the information and distribute it to departments for
feedback.
Councilman Hauenstein said the Nordic Council is putting in snowmaking for a small loop at the high
school.
Mayor Skadron said council met with EOTC and David Pesnichak, coordinator, for the first time. We
also said goodbye to Tom Oken, Pitkin transportation man and Rachel Richards. Thanks to both. We
looked at the base budget, Snowmass mall transit station, relocation of car pool kiosk and RFTA 2040.
CONSENT CALENDAR
• Resolution #140, Series of 2018 – Amend Resolution #97, Series of 2014
• Resolution #141, Series of 2018 – Appointing Pete J. Strecker as Director of Finance
• Minutes – October 8, 2018
Councilman Frisch moved to adopt the consent calendar; seconded by Councilwoman Mullins. All in
favor, motion carried.
NOTICE OF CALL UP– Notice of HPC approval for Minor Development Review – including on-site
relocation and demolition of outbuildings – and Variations at 135 E. Cooper Avenue
Amy Simon, community development, stated this is a Victorian with a long time owner who is doing a
slight expansion. There has been significant restudy for this property. They are demolishing a single stall
garage and moving the historic outbuilding that has already been moved before. The addition is 200 feet
and would not typically trigger a call up. The relocation does. HPC finds it a successful project. It was a
5 to 2 vote. The dissenting votes had to do with windows.
Councilman Myrin said the FAR is 3,810 and the proposed is 4,115. Ms. Simon replied she does not
think that is quite right. We did discuss this back when it was originally expanded in 2003 it was allowed
Regular Meeting Aspen City Council October 22, 2018
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more than it should have been and is currently over. This is reducing that non-conformity. Councilman
Myrin said even though we are adding something new it won’t get down to 3,810. Ms. Simon replied it
won’t. They can shift the square footage just not add more. Councilman Myrin asked is the current
policy you can take a floor out and move it around. Ms. Simon stated yes. We have been discussing that
with council. This happens to be an attic level. Councilman Frisch said the bulk and mass stays the same
from the removal but there is an additional expansion. Ms. Simon said there is a 200 square ft addition in
the rear of the house. If it were the 2nd floor of the building we would have a concern. This attic level is
different.
Councilman Hauenstein said this property received the 500 bonus already. Ms. Simon replied yes, in
2003. They did not give any additional bonus. Councilman Hauenstein asked how did we get to 3,810.
Ms. Simon said it was permitted 4,180 in 2003 when it should have only been 3,810. It is 2 detached
units and permitted incorrect square footage in 2003. They are allowed to move the square footage
around. Councilman Hauenstein said a few weeks ago HPC suggested removing historic space was to go
away. To me it seems kind of disingenuous. Ms. Simon said we don’t have authority to stop it from
happening today.
Councilman Frisch said I think it is a beautiful home. I have FAR concerns we would like to tackle as
soon as we can. He is not desirous of a call up.
Councilwoman Mullins said she thinks it is a good solution. It is getting rid of the non historic garage.
What are the conditions for minor review and justification for setbacks. Ms. Simon said it is extending
existing conditions that already have a setback. The outbuilding will be set in a location that is typical for
a building like that. Conditions for minor review include review of the windows and the city will hold
money until it is placed on a new foundation. Councilwoman Mullins said for the landscaping less plant
material than more would be better. Make sure the landscape plan enhances the resource.
Mayor Skadron said does a legally established non conforming square footage become conforming once it
is moved. Ms. Simon replied no, it will still be considered in excess but it can be allowed on the site. If
more than 40% is demolished they will lose the square footage. A duplex attached can have exactly the
square footage on the site, the error happened because the units are detached. Mayor Skadron said
council is not desirous of a call up.
Councilwoman Mullins move to uphold HPC Resolution #13, Series of 2018; seconded by Councilman
Frisch. All in favor, motion carried.
NOTICE OF CALL UP – Notice of HPC approval for Demolition, Conceptual Major Development
Review, Conceptual Commercial Design Review, Transpiration and Parking Management and Growth
Management at 304 East Hopkins Avenue
Ms. Simon said this is for demolition and replacement for the building known as the Seguin building. It
is located in the downtown historic district, but the building is not considered significant. The HPC
approval took 3 hearings. Initially HPC wanted exploration of replacing the onsite affordable housing
units on site. HPC found the impacts not beneficial so credits would be used. Another issue was a design
issue with a deep front porch. HPC found the one story building fit well and supported the application
with a 7 to 0 vote.
Councilwoman Mullins asked about the expansion of the restaurant. Sara Adams, representing the owner,
stated it is a new restaurant but there will be a connection on the interior. Councilwoman Mullins asked
how much FAR. Ms. Adams replied 2.5 to 1. They are well under the allowed square footage.
Councilman Hauenstein said it currently has 2 affordable housing units, are they occupied. Ms. Adams
replied not currently. Councilman Hauenstein asked are there credits available. Ms. Adams replied yes.
Regular Meeting Aspen City Council October 22, 2018
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Councilman Myrin said he is very happy to see this. It looks like it fits. I support this fully. The phased
out of the credits. Council passed out something that phased out carrying out credits. Ms. Simon said
this project has less net leasable space than the existing project does.
Mayor Skadron said they had the right to go up one more floor. Ms. Adams said when you add in
circulation, view plane and mechanical it just didn’t work.
Councilman Frisch moved to uphold HPC Resolution #15, Series of 2018; seconded by Councilwoman
Mullins. All in favor, motion carried.
ORDINANCE #30, SERIES OF 2018 – Election Code Amendment
Linda Manning, city clerk, told the council the current election code has the availability date for
nominating petitions for mayor and city council candidates as 91 days prior the election, but the due date
is the second Monday in March prior to the election. If the election date is changed via the November 6th
election the date to turn in nominating petitions will be after the date of the general election. Staff is
suggesting the dates for nominating petitions be changed to reflect the dates in the State Statutes for
municipal elections to 91 to 71 days prior to the election. This way it would not be tied to any particular
day of the month but based on days prior to the election. If the election day is changed to March 5th the
pick up day for nominating petitions would be December 4th and the due date would be December 26th.
Councilman Myrin expressed some concern that the petition period would be shortened by two weeks.
Ms. Manning stated that we would be going to the same timeframe as other municipalities in the state.
Councilman Hauenstein moved to read Ordinance #30, series of 2018; seconded by Councilman Frisch.
All in favor, motion carried.
ORDINANCE NO. 30
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING TITLE 9, ELECTIONS, OF
THE MUNICIPAL CODE.
Councilman Frisch moved to adopt Ordinance #30, Series of 2018 on first reading; seconded by
Councilwoman Mullins. Roll call vote. Councilmembers Hauenstein, yes; Mullins, yes; Frisch, yes;
Myrin, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #31, SERIES OF 2018 – 488 Castle Creek Apartments Financing
Barry Crook, assistant city manager, stated this ordinance as well as #32 and #33 relate to the finance of
the Aspen Housing Partnership projects. Dee Weiser will be at the next meeting to answer any questions
specific to these ordinances.
Councilman Hauenstein moved to read Ordinance #31, Series of 2018; seconded by Councilwoman
Mullins. All in favor, motion carried.
ORDINANCE NO. 31
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN CONCERNING THE
CASTLE CREEK APARTMENTS PROJECT AND APPROVING AND AUTHORIZING T HE
EXECUTION OF A GROUND LEASE, A FINANCING AGREEMENT, A LOAN AGREEMENT
AND CERTAIN OTHER DOCUMENTS, AND AUTHORIZING THE PURCHASE BY THE CITY OF
Regular Meeting Aspen City Council October 22, 2018
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THE COLORADO HOUSING AND FINANCE AUTHORITY’S TAX-EXEMPT MULTIFAMILY
HOUSING REVENUE BOND (CASTLE CREEK APARTMENTS PROJECT) SERIES OF 2018, THE
LOAN OF THE PROCEEDS THEREOF AND THE EXECUTION OF RELATED DOCUMENTS.
Councilwoman Mullins moved to adopt Ordinance #31, Series of 2018 on first reading; seconded by
Councilman Frisch. Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Hauenstein, yes; Mullins,
yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #32, SERIES OF 2018 – 802 West Main Street Apartments Financing
Councilwoman Mullins moved to read Ordinance #32, Series of 2018; seconded by Councilman Frisch.
All in favor, motion carried.
ORDINANCE NO. 32
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN CONCERNING THE MAIN
STREET APARTMENTS PROJECT AND APPROVING AND AUTHORIZING THE EXECUTION
OF A GROUND LEASE AND A LOAN AGREEMENT AND THE EXECUTION OF RELATED
DOCUMENTS.
Councilman Hauenstein moved to adopt Ordinance #32, Series of 2018 on first reading; seconded by
Councilman Frisch. Roll call vote. Councilmembers Myrin, yes; Mullins, yes; Frisch, yes; Hauenstein,
yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #33, SERIES OF 2018 – 517 Park Circle Apartments Financing
Councilwoman Mullins moved to read Ordinance #33, Series of 2018; seconded by Councilman
Hauenstein. All in favor, motion carried.
ORDINANCE NO. 33
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN CONCERNING THE PARK
CIRCLE APARTMENTS PROJECT AND APPROVING AND AUTHORIZING THE EXECUTION
OF A GROUND LEASE AND A LOAN AGREEMENT AND THE EXECUTION OF RELATED
DOCUMENTS.
Councilman Frisch moved to adopt Ordinance #33, Series of 2018 on first reading; seconded by
Councilman Hauenstein. Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes; Myrin, yes;
Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #38, SERIES OF 2018 – Lift One Lodge Subdivision – Planned Development; Major
Amendment to a Planned Development
Ben Anderson, community development, told the Council 18 months ago when Gorsuch was tabled it
started a chain of events identifying a preferred option moving the lift down to Dean Street. Several stake
holders came together, Lift One Lodge, Gorsuch Haus, The City of Aspen, Aspen Historical Society and
Ski Co. He showed a rendering of the proposed project. There have been several resolutions from HPC
and P&Z related to this project. This is a project review. There is a whole series of sub reviews related to
this. The applicant met twice with P&Z with a recommendation of approval with conditions. They also
met with APCHA, HPC and the Open Space and Trails boards. Council will see this project again on
November 12th and likely on the 26th. We are anticipating a public vote on this in 2019, February or
March. Because of the scale, the existing approval has a lot of aspects that are staying the same. 2 lodge
buildings with time share buildings, the maintenance of a future ski corridor, realignment of Aspen Street,
Regular Meeting Aspen City Council October 22, 2018
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vacated Gilbert Street, Skier Chalet lodge relocation to Gilbert Park and a subgrade parking garage with
50 public parking spaces. Maximum height is measured from interpolated grade.
The project encompasses four lots, two which are owned by the City of Aspen. The proposed amendment
include a widened ski corridor, relocation of Skier Chalet, relocation of the historic lift structures,
inclusion of ACS skier services and ski patrol, redesign of Willoughby Park, change to point of access to
parking garage, cul de sac that terminates Gilbert Street, use of steakhouse as a restaurant bar, changes to
the massing and programming of the Lift One Lodge buildings and additional design changes and
improvements to Dean Street.
There will also be new lot configuration and adjustments to the zoning map. He talked about the
importance of the Dolensic property. Without the ability to use that property for skiing this whole scheme
would not be possible. He showed the concept with inclusion of the Dolensic gardens. The intent is for
the space to be year round use.
Councilwoman Mullins asked for him to talk more about the view planes. Page 620 says 31,000
combined square feet, what was the calculation from 2011. Page 623 what is the east west elevations. A
few people have questioned the relocation of the skier chalet lodge, why has it been done. I’m not clear
on the affordable housing mitigation. She would like more explanation.
Councilman Hauenstein said page 634 vested versus proposed floor area, why the difference. Mr.
Anderson said we will present more information on that. One of the things that has made this difficult is
there have been significant code changes that have caused some confusion. We have a pretty good handle
on that. We are confident with the proposed. Councilman Hauenstein asked about the increase of 12
units and 20 keys. Is this due to the code. Mr. Anderson said it is a request of the applicant. Councilman
Hauenstein said currently the project is vested until November 2021, does this start a new clock. Mr.
Anderson said that will be a discussion with council. Staff is comfortable with that due to the changes.
Councilman Frisch asked when would the clock start, with the vote. Mr. Anderson replied typically after
the final development order. Councilman Hauenstein said he is still fuzzy on the number of parking
spaces, 16 shy. He would like a better understanding on parking. Ms. Garrow said the applicant has
indicated a special review. We will go through that in more detail. Councilman Hauenstein said what is a
real concern is the timing and the phasing of the underground parking. Nothing can be built until that is
in. I don’t want to see another 10 years of vesting because the parking has not been built. Ms. Garrow
said the issue of ownership and phasing is really important and will happen at the November 26 meeting.
Cost sharing and phasing are two important factors.
Councilman Myrin wanted to know more about the interaction with the St Regis guests. The historical
Society asks the city for money every year. How are they going to keep another building going. He
would like to hear about a special district to fund the lift replacement. The tax district should also fund
the public parking spaces. The district should also include snow melt on S. Aspen Street. Questions
about the affordable housing, if it is not 100% mitigated maybe a taxing district could continue to fund
that. How much can a taxing district fund. There aren’t many affordable housing units on site and he
wants to make sure the HOA dues are reasonable. He asked for an accounting of all the benefits the COA
is contributing to the approvals. Story poles would be helpful. More clarity on the election date. There
are no employees for the museum proposed.
Councilman Frisch asked where does council fit in to the whole process. He appreciates this is going to a
vote. Are there limits to that. On affordable housing, I think we need some clarity on essential public
facility, what was done prior and what is done now. On sequencing, if something does go wrong I think a
lift out for 5 year would be a horror story. I think minimally the community getting a lift up and running
within a certain time frame is paramount.
Mayor Skadron asked for more discussion of the 30,000 additional square feet and does it relate to a loss
in parking. He also asked for explanation on the Gilbert Street reconfiguration and the neighbors
Regular Meeting Aspen City Council October 22, 2018
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objections. He asked for explanation around the necessity of violating the Wheeler viewplane. He asked
for a comment on the PD overlay to allow these uses as well as more discussion around the steakhouse
component, specifically from the deed restricted dorm style housing to becoming a bar and restaurant.
Ms. Garrow said on the view plane, one of the changes during the moratorium was creating the for, mid
and background. This is in the background and we don’t feel it is a significant impact.
Councilman Frisch moved to read Ordinance #38, Series of 2018; seconded by Councilman Hauenstein.
All in favor, motion carried.
ORDINANCE NO. 38
(SERIES OF 2018)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL OF THE LIFT ONE
LODGE SUBDIVISION / PLANNED DEVELOPMENT, WITH CONDITIONS, FOR A MAJOR
AMENDMENT TO A PLANNED DEVELOPMENT, SUBDIVISION, RE-ZONING, GROWTH
MANAGEMENT QUOTA SYSTEM, COMMERCIAL DESIGN, AND RELATED REVIEWS, FOR
THE PROPERTY COMMONLY KNOWN AS 710 S. ASPEN STREET, WILLOUGHBY PARK, AND
LIFT ONE PARK, AND LEGALLY DESCRIBED AS LOTS 1,2,3, AND 4 OF THE LIFT ONE
LODGE SUBDIVISION / PUD ACCORDING TO THE PLAT THEREOF RECORDED MARCH 5,
2013, AT BOOK 102, PAGE 1, RECEPTION NO. 597438, COUNTY OF PITKIN, CITY OF ASPEN,
STATE OF COLORADO.
Councilwoman Mullins moved to adopt Ordinance #38, Series of 2018 on first reading; seconded by
Councilman Hauenstein. Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Hauenstein, yes;
Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #29, SERIES OF 2018 – 230 Lake Avenue Minor Subdivision Amendment
Sarah Yoon, community development, stated this property is located in the R6 zone. Initial there were
five conditions of approval. This ordinance will amend the language requiring HPC review. Condition
number 2 says the owner of lots 16-19 shall seek historic designation for existing structures on Lot 17-19.
At the time approval was given it was an empty lot. The applicant is requesting to amend the condition
by removing HPC review. Since approval, the 3 Victorians received designation. Staff finds the criteria
for minor amendment are met. The condition was added because of the possibility of historic overlay.
That is no longer valid. HPC only has purview of properties located on the inventory or in the district.
This property is neither of those things. Even though the structure is eligible for AspenModern, HPC
does not have authority for review.
Chris Bendon, representing the applicant, said the plat note is an outgrowth of a discussion of time where
the west end was seen as a potential historic district. The property is in fairly good shape for 1979
construction. It is clearly not historic. We are asking for the restriction to be lifted. We recognize it is
potentially eligible for AspenModern.
Council Myrin asked if it is historic the neighbors get noticed if it is new development. Mr. Bendon said
in a general sense. It is on Hallam lake bluff. If that review is triggered than there would be a review for
that. Councilman Myrin said there are some advantages to that, no bonuses or setbacks. I just want to
make sure that the neighbors were aware.
Councilman Hauenstein said I don’t see a reason why this should be an HPC issue.
Councilwoman Mullins said she is reluctant to give up any protection of a historic property. I understand
this is voluntary and the way this reads now it is not compatible with the current HP program and even
the AspenModern program. My goal is to make sure our historic preservation succeeds and survives.
Keeping these anomalies compromises the program.
Regular Meeting Aspen City Council October 22, 2018
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Mayor Skadron said he supports staff recommendation.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Ordinance #29, Series of 2018; seconded by Councilman Hauenstein.
Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes; Mullins, yes; Myrin, yes; Mayor Skadron,
yes. Motion carried.
RESOLUTION #139, SERIES OF 2018 – Release of covenant requiring two affordable housing units at
304 E. Hopkins Avenue
Ms. Simon told the Council the existing building was approved in 1982. Part of agreement was for two
affordable housing units; two category one studios. The covenant is for 50 years or 21 years after the last
council member passes away. In order for credits to be used we need the covenants to be released. Staff
recommends approval.
Councilman Myrin said the current units are uninhabitable, how did they get to that. Ms. Adams replied
that was the situation the current owner inherited. There are rumors someone was living in the units.
There are a lot of questions in the deed restriction. Councilman Myrin said that is why I am supporting
what we are doing tonight. Mixing the affordable housing and commercial is not compatible on a small
footprint.
Councilwoman Mullins moved to approve Resolution #139, Series of 2018; seconded by Councilman
Frisch. All in favor, motion carried.
EXECUTIVE SESSION –
Ms. Bryan stated staff is recommending Council go in to Executive Session pursuant to C.R.S. 246-402
(a) the purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (b)
Conferences with an attorney for the local public body for the purposes of receiving legal advice on
specific legal questions and (e) Determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations; and instructing negotiators; regarding the potential sale
of property and litigation update regarding 17CV30131 119 Neale Ave v City of Aspen.
At 7:30 p.m. Councilman Frisch moved to go in to executive session; seconded by Councilman
Hauenstein. All in favor, motion carried. At 8:45 p.m. Councilman Hauenstein moved to come out of
executive session; seconded by Councilman Frisch. All in favor, motion carried. Councilman Hauenstein
moved to adjourn the regular meeting; seconded by Councilwoman Mullins. All in favor, motion carried.
Linda Manning
City Clerk