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HomeMy WebLinkAboutminutes.council.20100712Regular Meeting Aspen City Council July 12, 2010 COUNCIL MEETING ........................... ............................................................................ . 2 NOVEMBER ELECTIONS .................. ............................................................................ . 2 CITIZEN COMMENTS ........................ ............................................................................ . 2 COUNCILMEMBER COMMENTS ..... ............................................................................ . 3 CONSENT CALENDAR ...................... ............................................................................ . 3 • Radon Grant Addendum ............ ............................................................................ . 3 • Resolution #49, 2010 - IGA Pitkin County and City of Aspen Floodplain mapping 3 • Minutes -June 28, 2010 ............ ............................................................................ . 3 ORDINANCE #15, SERIES OF 2010 - Aspen Energy Center Hydroplant ..................... . 4 ORDINANCE #16, SERIES OF 2010 - Aspen Art Museum Subdivision ....................... . 5 ORDINANCE #28, SERIES OF 2009 - Mountain Plaza/Bidwe11434 E. Cooper Subdivision ............................................ ............................................................................ . 6 RESOLUTION #48, SERIES OF 2010 -Extending HPC Conceptual Approval for 434 E. Cooper ............................................... ............................................................................ . 6 ORDINANCE #12, SERIES OF 2010 - Aspen Valley Hospital Master Facilities Plan Phase II ................................................... ............................................................................ . 7 RESOLUTION #42, SERIES OF 2010 -Burlingame Ranch Phase II Design ................ 15 ORDINANCE #14, SERIES OF 2010 - Silver Lining Conversion to Single Family ..... 16 RESOLUTION #51, SERIES OF 2010 -Memorandum of Understanding Given Institu te ................................................................ ........................................................................... 22 1 Re¢ular Meetine Aspen City Council July 12, 2010 Mayor Ireland called the meeting to order at 4:15 p.m. with Councilmembers Romero, Skadron and Johnson present. Mayor Ireland moved to go into executive session at 4:17 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 Romero. All in favor, motion carried. Councilman Tone came into the meeting at 4:35 p.m. Mayor Ireland moved to come out of executive session at 5:10 p.m. seconded by Councilman Romero. All in favor, motion carried. Mayor Ireland called the meeting to order at 5:15 p.m. with Councilmembers Skadron, Torre, Johnson and Romero present. Janice Vos Caudill, Pitkin County Clerk, told Council for the primary election, polling places will be combined. In the city precincts 1, 2, 3, and 4 will vote at the Rio Grande building; prescient 5 and 7 will vote at the health and human services building. Ms. Vos Caudill announced early voting will be for one week before the election, August 2 to 6`h. Ms. Vos Caudill urged electors to go to the website pitkinvoters.org if they had questions about their registration or polling places. 1. Emzy Veazy told Council Aspen should have health ratings for eating facilities which should give them an advantage to be the first community to do this in Colorado. Veazy said no one has dealt with a worst case scenario. Veazy said Aspen should reorganize the way of thinking and the way of perception. 2. Toni Kronberg said the November ballot should have entrance to Aspen solutions, both asphalt and aerial solutions. Ms. I{ronberg said she would like a~oint advisory question with Pitkin County whose deadline for questions is August 4` . Ms. Kronberg suggested Council put only the aerial solution on the ballot and once it is built, perhaps an asphalt solution will not be needed. Councilman Skadron said Ms. Kronberg has not answered the critical questions, which were time and required shut downs for maintenance and how is that addressed. Councilman Skadron pointed out riders value uninterrupted service and this aerial transportation would require transfemng from a bus to the aerial transport. Ms. Kronberg said the tramway engineers spent time on proposing an alignment and answered all questions from staff. Ms. Kronberg said she will check into the maintenance issue. Regular Meeting Aspen City Council July 12, 2010 COUNCILMEMBER COMMENTS 1. Councilman Torre said the Fourth of July was great and commended the pazks and streets staff for the amazing clean up after the Fourth. 2. Councilman Torre noted there are new recycle cans throughout Aspen and they look great. Councilman Torre asked if and when newspaper recycling will be added. Councilman Torre said he would like the coverage by these extended to parks and city facilities. Councilman Torre said the city needs to continue to push for recycling. 3. Councilman Skadron agreed the Fourth of July was really fun; the organizers and participants in the parade did an outstanding job; the Aspen Valley Ski Club, the fire station, the Art Museum all had great picnics. 4. Mayor Ireland said he would like to see the city pursue curbside recycling throughout the city and county. 5. Mayor Ireland noted Council would like a report on the Power Plant no left turn experiment next week. 6. Mayor Ireland thanked the community and all the people who have been supportive of his recovery since the bicycle accident in June. 7. Mayor Ireland noted there are two additions to the agenda; Ordinance #16, Aspen Art Museum subdivision with a public hearing August 2"d and Resolution #51, Memorandum of Understanding on the Given Institute. 8. Councilman Skadron reported he attended a RFTA board meeting and their genera] maintenance facility in Glenwood Springs built in 2001 is shifting and the building requires immediate attention. The board authorized expenditures of $4.5 million to make these repairs. RFTA will attempt to recover some of that money from the contractor and from the insurance company. CONSENT CALENDAR Councilman Skadron moved to approve the consent calendar; seconded by Councilman Johnson. The consent calendar is: • Radon Grant Addendum • Resolution #49, 2010 - IGA Pitkin County and City of Aspen Floodplain mapping • Minutes -June 28, 2010 All in favor, motion carried. Regular Meetine Aspen City Council July 12, 2010 ORDINANCE #15, SERIES OF 2010 -Aspen Energy Center Hydroplant Councilman Torre moved to read Ordinance #15, Series of 2010; seconded by Mayor Ireland. All in favor, motion carried. ORDINANCE No. 15 (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING WITH CONDITIONS SUBDIVISION, REZONING TO PUBLIC ZONE DISTRICT, CONSOLIDATED PLANNED UNIT DEVELOPMENT, AND GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR LOT 3 AND OPEN SPACE 2A OF THE MAROLT RANCH OPEN SPACE SUBDIVISION, AKA THE CASTLE CREEK ENERGY CENTER AND HYDROELECTRIC PLANT, CITY OF ASPEN, PITKIN COUNTY, COLORADO Sara Adams, community development department, told Council the reviews are subdivision to remove this area from open space inventory and to create a new lot; rezone the newly created lot to public zone, consolidated PUD to determine the dimensional requirements and growth management for an essential public facility. P&Z recommended approval by a 3 to 2 vote. Mayor Ireland asked what the percentage increase of hydropower from this plant is. Phil Overeynder, water department, told Council 8.5% of Aspen's municipal electric needs when complete. Overeynder said the city is about 78% renewable, of which 30% is hydroelectric. This will increase that percentage about a quarter. Overeynder reminded Council Aspen was one of the first in the country to use hydroelectric power, which goes back to 1887. Mayor Ireland asked if this will help with the city's water rights. Overeynder said this will exercise the city's water rights in a way that is non- consumptive and protective of the city's interest. Councilman Skadron said he would like to know about noise mitigation and what will happen if the levels exceed 50 decibels. Councilman Skadron also asked to clarify what the Colorado Water Conservation Board's legal authority is regarding in stream water rights. Councilman Skadron requested a comment on the criteria for stream margin reviews. Councilman Skadron also asked if there is a difference between the term "maintaining a healthy stream", which is an objective of keeping 13.3 cfs and the concept of healthy sustainable stream flows and a definition for those terms. Councilman Romero said for second reading, he would like history and the chain of events from when the city took the historic hydroelectric facility offline to this application. Councilman Romero said he would also like some description on the work occumng, the drain line off the Thomas Reservoir and the reason and sequence for the conduit exemption. Councilman Romero said he would also like to know what happens to the city if they fail to achieve an approval of the conduit exemption. Councilman Romero said he would like to see the stream margin review analysis. Councilman 4 Regular Meetine Aspen City Council JuIY 12, 2010 Romero noted there is a technical benefit of the gradient fall line and force from the fall line over what was initially planned and what type of incremental benefit that may do to help produce power and to reduce the call on the stream for the hydro facility. Councilman Romero concurred he would like more on the definition of healthy streams. Councilman Johnson said he would also like to know why this is exempt from stream margin review and to know more about the periodic noise meter readings, about voluntarily committing to stream healthy monitoring plan and what it would entail for real time monitoring. Councilman Johnson asked about installing solar lights on top of a hydro facility. Councilman Skadron said the county has a healthy streams initiative and if the term minimal stream flows is a philosophical disconnect. Mayor Ireland said he would like to know when using this source of power what in terms of other power uses will that be eliminating. Mayor Ireland moved to adopt Ordinance #15, Series of 2010, on first reading; seconded by Councilman Johnson. Roll call vote; Romero, yes; Skadron, yes; Torre, yes; Johnson, yes Mayor Ireland, yes. Motion carried. ORDINANCE #16. SERIES OF 2010 -Aspen Art Museum Subdivision Councilman Torre moved to read Ordinance #16, Series of 2010; seconded by Mayor Ireland. All in favor, motion carried. Chris Bendon, community development department, told Council this property is known as the Wienerstube Property at the corner of Spring and Hyman. The ordinance is related to a proposed settlement agreement on a lawsuit on this property. The settlement agreement would permit two buildings, a mixed use building and the Aspen Art Museum. Bendon noted the public hearing date is proposed for August 2"d at 3 p.m. to hear public comment. Bendon noted the public is encouraged to stop by the Aspen Art Museum to see the model; the city is sponsoring several brown bag sessions in the Council Chambers; July 15~h at noon; July 215` at 3:30 and July 27`h at noon. Bendon noted the settlement is a proposal and it is Council's responsibility to consider legal settlements. Heidi Zuckerman Jacobsen, Aspen Art Museum, showed the building site and showed renderings of a proposed museum at the corner of Spring and Hyman. The proposed art museum is made out of a wooden screen designed to emulate the character of downtown Aspen. The building has a flat roof comprised of solar panels. There is a moving room celebrating the first elevator west of the Mississippi, which was at the Hotel Jerome. The upper floor is a public amenity roof deck which will have a cafe and a bookstore. Ms. Zuckerman Jacobsen showed a model of the building and pointed out it is setback 10' from both Hyman and Spring. The space will allow viewing art from the street. The building has been designed with art on the bottom and commercial space on the top. The Art Museum is having open houses for people to view the model and renderings. ORDINANCE N0. 16 (SERIES OF 2010) Regular Meeting Aspen City Council July 12, 2010 AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A SUBDNISION, COMMERCIAL DESIGN REVIEW, GROWTH MANAGEMENT ALLOCATIONS, AND A SITE SPECIFIC DEVELOPMENT PLAN FOR THE ASPEN ART MUSEUM SUBDNISION, CURRENTLY ADDRESSED AS 307 S. SPRING STREET AND 625 E. HYMAN AVENUE, ALSO KNOWN AS THE WEINERSTUBE PROPERTY, LOTS D-I, BLOCK 100, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Mayor Ireland moved to adopt Ordinance #16, Series of 2010, on first reading; seconded by Councilman Romero. Councilman Torre said for second reading he would like the architect discuss the intension of using wood screening and why it is necessary to the construction. Bendon told Council the mixed use building will have retail on the first floor, offices on the second and two residential units on the third floor. Mayor Ireland asked how this proposed development compares to the previous Wienerstube building. Bendon said it is about 20% smaller than the previous proposal. Roll call vote; Romero, yes; Skadron, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #28, SERIES OF 2009 -Mountain Plaza/Bidwe11434 E. Cooper Subdivision Mayor Ireland moved to continue Ordinance #28, Series of 2009, to September 27, 2010; seconded by Councilman Johnson. All in favor, motion carried. RESOLUTION #48, SERIES OF 2010 -Extending HPC Conceptual Approval for 434 E. Cooper Sara Adams, community development department, reminded Council this project received conceptual approval August 2009. The code requires an applicant to file final HPC within 12 months, which would be next month. This requirement is intended to keep projects moving. In this case, the applicant has been redesigning the project at Council's request. The applicant is asking for an extension of HPC conceptual approval because it is inappropriate to apply for final HPC review before subdivision approval at Council. Ms. Adams noted the code allows aone-time 6 month extension of conceptual approval. Council expressed concern of extending the HPC conceptual approval when the applicant is going through a redesign and whether this would be compromising Council or HPC. Council agreed that if this is substantially altered at Council approval, the project will go to HPC for conceptual approval again. When Council sees the project at second reading, they can determine if it does need HPC conceptual review again. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. 6 Regular Meeting Aspen City Council July 12, 2010 Mayor Ireland moved to approve Resolution #48, Series of 2010; seconded by Councilman Romero. All in favor with the exception of Councilman Skadron. Motion carried. ORDINANCE #12, SERIES OF 2010 -Aspen Valley Hospital Master Facilities Plan Phase II Jennifer Phelan, community development department, reminded Council outstanding issues from the last Council meeting to be addressed by the applicant aze condominiumization of the medical office space, the need for medical office space, the history of the campus, lot coverage pervious versus impervious, and the request to waive impact fees. Dave Ressler, Aspen Valley Hospital, noted the applicant provided a site history and a summary of how the property is utilized. Ressler told Council at the completion of phase II, 57% of the site will be open. This property is not deed restricted as open space. Ressler noted the applicant erected story poles and included the top of the mechanicals on the building. This allowed Council and community members to view the mass from different perspectives around the hospital. The applicants had a 2-1/2 hour meeting with Twin Ridge last week and went over noise, light, the size, visual impacts, transportation, the intersection, traffic. Ressler said there are myths surrounding this application. The first myth is that AVH is trying to be all things to all people. Ressler said this expansion is about doing what the hospital does well and continuing to do that in the future, not trying to become something they are not. Another myth is that with the expansion of other hospitals in the area, this expansion is not necessary. Ressler stated this expansion is about the existing services in a facility that is the appropriate size. This expansion is not about new services that are duplicative or competing with other facilities. Ressler stated this application is not a want; it is a need. Ressler reminded Council the applicant has been working on this for 5 yeazs. Four years ago, the board directed staff to reduce the size of the project; to cut out any extra space. Ressler said they started with a detailed needs assessment, which lead to programming, which lead to applying contemporary hospital standards and right sizing the building. Ressler said this is a health care approach to architecture. Ressler said there is a myth at the master plan facilities will cause an increase in prices. Ressler pointed out that the hospital's prices are competitive; to pay for the expansion, they are not anticipating raising prices. Ressler noted people have said medical office space on campus is unnecessary. Ressler said the applicant feel it is impossible to separate medical office space from these plans. Ressler reiterated this approval for phase II includes 12,000 squaze feet of medical office space. Ressler said the medical offices will not be subsidized by the hospital. Ressler said there is no intent to condominiumize the office space and in fact they feel it is not legally possible to do so. 7 Regular Meetine Aspen City Council July 12, 2010 Ressler said people have stated that the elimination of medical office space will result in a smaller building or the elimination of the second floor or the reduction of the parking garage. Ressler stated this is not possible from a design standpoint. The second floor will be used for multiple purposes, not just medical office space. Ressler pointed out the proposed footprint is the maximum allowed and the only place for future expansion would be the second floor. The parking garage will serve affordable housing, senior center and long term parking for the hospital. Ressler noted the current parking is inadequate for the hospital. Ressler pointed out the parking garage has been fit into the topography in order to minimize its impact. Ressler told Council the applicant have been working on this for 20 years and this iteration for the last 5. The applicant has worked with the community, has had community and neighborhood meetings and has tried to address issues whenever possible. Councilman Torre asked the applicant to address "scope does not increase". Ressler told Council when a community grows, there are more patients for hospitals and the more services hospital provide, the more they can get into specialized services. Ressler told Council this expansion is about the services that the hospital is currently providing in an undersized facility. The plan does not accommodate space to provide specialized services. Aspen Valley Hospital will remain an acute general care hospital. Councilman Torre asked if a service like cosmetic surgery will expand. Ressler said the volume of services will expand but not the specialized services. Councilman Torre said one of the slides noted that employees and physicians do not gain, patients gain. Councilman Torre said he hopes that the expanded facility will give gain to employees and physicians. Councilman Torre asked about the trigger points for phases III and IV and whether funding for those phases is rolled into funding for phase II. Ressler told Council the applicants have not finalized their capital campaign. They will proceed with only what they can pay for. Ressler told Council if physicians chose to have offices on site, the hospital would like to be able to accommodate them. Ressler said not all physicians will want to be at the hospital. Ressler stated each phase stands alone and if phase II is all they can do, that is all that will be done. Russ Sedmak, architect, pointed out phase III cannot logistically begin until phase II is completed due to support services that need to be in place to make phase III happen. Councilman Skadron noted viewing the story poles it is impactful and it is a large structure. Councilman Skadron said this decision has to do with mass and scale and values of the community. Councilman Skadron asked about timely and effective patient care versus a health care campus and staying competitive with resort community peers. Councilman Skadron said he would like to know that this application is appropriate for Aspen. Councilman Skadron asked what industry standards apply to Aspen and to what degree is the applicant applying an industry standard that may not be appropriate for Aspen. Regular Meetine Aspen City Council July 12, 2010 Ressler said the direction given to the hospital's architect was to employ contemporary standards for any size hospital in any community for the volume and types of services provided at AVH. Ressler pointed out the amount of space around a bed is the same requirement whether one is in an urban or suburban azea. The design team was instructed to be efficient, reflective of the community and to make this hospital function. This is not grandiose nor is it a monument but is a fully functional hospital. Sedmak told Council when a hospital is accredited, it needs to comply with the national standards in place for accreditation; these are about people and the needs of people, not the size or location of the community. Councilman Skadron noted the term "health care campus" is used and the applicants have addressed timely and effective patient Gaze; how does the latter translate into a "health caze campus". John Sarpa, AVH boazd, told Council they have a fiduciary responsibility to the hospital district and have spent a lot of time reviewing and critiquing this project. Sarpa said the Board has thought about what the community needs for the best health care for the next 20 or 30 years and the overall picture. Sarpa said the campus does have a number of pieces; however, this request is for phase II the critical core to provide the best health care for the community. Councilman Skadron asked if "staying competitive with resort community peers" means trying to keep up with the Jones's. Ressler said what he meant by that comment was as a resort community with a lot of recreational activities, people need to be assured that injuries and health issues can be taken care of Mayor Ireland noted the applicant has stated they need to build the garage, which will meet all future needs, at one time, that it cannot be phased. Mayor Ireland agreed it is hard to build a garage in pieces. Mayor Ireland said if the garage is built, people will use it and then it will become an entitlement. Mayor Ireland said if there is an approval, he would like a condition to limit the use of the garage to that required for phase II. Mayor Ireland said at an earlier meeting, Council approved reducing the number of affordable housing units from 22 to 18, which reduces the impacts and mass. Mayor Ireland said at conceptual, the applicant asked that the exact number of affordable housing units be determined at a later date, at which later date the applicant agreed to 22 units. Mayor Ireland said 22 units should represent what the hospital felt it needed to meet affordable housing. Mayor Ireland said he would like the applicant to agree to 22 units and to build the difference of 4 units off-site, either partnering with the city or some other method. Mayor Ireland asked the average utilization of the hospital, the maximum and peak utilization and are the total number of beds needed. Mayor Ireland said under present law, the hospital cannot condominiumize the medical office spaces and requested there be a deed restriction embodying that promise. Mayor Ireland asked what the city's assurance on traffic counts and what is the recourse in the event the traffic numbers aze exceeded, what measures will be put into effect to put a cap on traffic. Mayor Ireland opened the public hearing. 9 Regular Meetine Aspen City Council July 12, 2010 Ken Canfield, member of the advisory committee, told Council he has been impressed with the planning process, and with the needs assessment and understanding the contemporary needs and standards for hospitals. Canfield said he feels the hospital administration did a good job balancing needs against the costs of satisfying those needs. Canfield said the communication between doctors when they are in the same working space is a benefit for the patients. Canfield stated Aspen deserves the best hospital they can have. Bud Glismann, director of emergency department, told Council in 1984 there were 15 physicians on staff and the number of visits has gone from 2500 to 10,000 and the physicians has increased to 45. There have been a lot of changes in medical care but none in the physical plant. Glismann said there is a need to have physicians on site. Glismann urged Council to approve bringing the Aspen Valley Hospital into the 21st century. Mindy Nagel, obstetrician and board member, told Council just last week there was an emergency delivery and her partner had to drive in the bus lane to get to the hospital to save mother and child, which illustrates the need for on-site medical offices. Lindsay Hams, orthopedic associates, said medicine has changed since the hospital was designed. Harris said the goal is to improve the overall community health with a balance and integration of care. Jeanette Darnauer told Council the Twin Ridge homeowners had a meeting with the hospital last week. Ms. Darnauer agreed a new hospital with additional space is needed. Ms. Darnauer said a facility 3 times that of the existing hospital is not needed. Ms. Darnauer urged Council to ask the hospital for a reduced expansion, limiting the impacts. Ms. Darnauer questioned having the biggest and the best. Ms. Darnauer said the country's economic situation has caused people to think more carefully about their wants and their needs and how money is spent. Ms. Damauer urged Council to find a balance between updating facilities and sizing the hospital for a small rural resort. Helen Klanderud said Aspen is a community and is a resort and as a thriving safe and secure community, a medical facility that is up to current standards of the day is needed. Ms. Klanderud said the recent changes in health care at the federal level will change health care even more. Ms. Klanderud noted the trend in hospital development is to include medical office space as a need. Ms. Klanderud stated community's want health care and want a level of health care that the city can be confident in. Judy Zanin agreed with most of previous comments in support of the hospital. Greg Balko asked for the opportunity to take the hospital where it needs to be. Les Holst said it is not a good idea to have medical offices as an advantage at the hospital. Holst said this plan is overkill. Holst said housing is needed; a bigger hospital is needed; however, this is not appropriate. Toni Kronberg said she would like to see a building that can support a deep enough warm water therapy pool. Ms. Kronberg said an aerial transportation system will help traffic in the entrance to Aspen and could get people to the hospital. Ms. Kronberg said it is a good idea to have doctors on site in case they are called to emergencies. 10 Re¢ular Meeting Aspen City Council July 12, 2010 Cavanaugh O'Leary, Mountain Rescue, told Council both Mountain Rescue and ambulances try hard to get their patients to the hospital as quickly as possible; however, it does no good to get the patients there if the doctor is stuck in traffic. Medical office space is critical. O'Leary said Aspen needs the best medical care. Michelle Selby told Council she works in health care and is the mother of 4 children. Ms. Selby said from experience, she knows it is critical to have surgeons on site and to have doctors available when needed for emergencies. Gordon Gerson, cardiologist, told Council over 10 years every time he has had to go to the emergency room and if his office was located in town, he would have had to reschedule between 1000 and 2000 patients, which is an inconvenience for patients and wastes time. Nancy Hall, Meadowood resident, told Council no one is against Aspen Valley Hospital. Ms. Hall said she would like the hospital to replace outdated and noisy equipment on the roof immediately; she does not want to wait 10 yeazs for that to be addressed. Ms. Hall said impacts on the residents are too great a price to pay. Ms. Hall said she does not feel medical office space has to be located on top of this building; it will change forever the character of this rural site. Ms. Hall said duplication of services should be avoided. Ms. Hall said there are too many unresolved issues for Council to pass this. Dorothy Thau, Meadowood, agreed the hospital is in need of expansion; however, the mass and scale of the project is too big. Ms. Thau said she is concerned about the building abutting the trail and almost touching Meadowood drive. Ms. Thau asked if Council has seen the slides with the new hospital expansion superimposed upon them. Junee Kirk questioned approving an expansion of 3 times the size when medical services will not be changing. Ms. Kirk questioned privatizing the existing public air space of 12,000 square feet for private medical practices. Ms. Kirk questioned the need for 27,000 squaze feet of private medical offices. Ms. Kirk said giving physicians space at the hospital would place them in competition with doctors around town. Ms. Kirk said there will be impact on the roundabout. Ms. Kirk said there should be some room left for future medical expansion. Bill Mitchell told Council he has visited hospitals all over Colorado and he cannot think of one that does not have medical offices on site. Mitchell said if the country is serious about health care reform, there will have to be cooperation between hospitals and doctors. Mitchell reminded Council various other locations for a hospital have been looked at and found lacking. Jan Allen said town has changed; change is necessary for viability of a community. Medical care has changed. There are efficiencies for patients in having the physicians on site. Ms. Allen said it is time for change for the community and for guests. Sazah Pletts said she would like to see the expansion of a health care facility and she would like to bring healing into the hospital. That issue needs to be addressed before the hospital is expanded. Health care is more important than views. Doug Rovira told Council he has run the oncology program at AVH for 18 years and now coordinates that program with Valley View hospital. Rovira told Council the nursing staff at AVH came up with the idea of treating cancer patients here rather than have them 11 ReHUlar Meeting Aspen City Council JuIY 12, 2010 travelling to be treated. Rovira said patients deserve this kind of Gaze. The cancer care has been done is closet size spaces with lack of privacy. Rovira requested Council consider this expansion as important and essential for the dignity and well-being of the community. Blanca O'Leary told Council she is in favor of the hospital proposal; the caze is outstanding and currently the hospital cannot use their space efficiently and properly. Mayor Ireland closed the public hearing. Ms. Phelan entered exhibit U comments from Pete Louras, Becky Ayres, Kazen Mitchell, and Jeanette Darnauer. Councilman Tone said he would like the planned square footage for phase III and what is part of that phase and how it intenelates to phase II. Ms. Phelan reiterated this approval only grants approval for phase II. Phases III and IV will have to come back to Council for review and approval. Ressler said as far as employee housing, when the applicant presented conceptual plan, it did not include housing not because housing was not needed. Ressler noted the applicant stated their housing needs would be larger than that required by mitigation. The master plans and conceptual was focused on the hospital needs. Ressler reminded Council the hospital owns the Beaumont and has discussed with the city partnering at Burlingame. Council felt strongly housing should be located on the hospital campus to lessen the other impacts. The resolution adopting the conceptual plan referenced providing 18 to 22 affordable housing units on site, which resulted from an estimate of the architect as to what could fit on the property. Ressler said a needs assessment done by the applicant came up with 22 units for employees and to be used in conjunction with the Beaumont and rebuilding the Beaumont. Ressler said the applicant feels long term they will require 44 affordable housing units. Ressler reminded Council they asked the applicant to lessen the "nose" of affordable housing and the team did a redesign resulting in a reduction of 4 units to 18, which is within the number in the resolution. Ressler said they also eliminated 6 tuck under parking spaces. Ressler reminded Council there was a recent code amendment allowing people to acquire affordable housing units from projects developed for that reason. Councilman Torre said it seems as if housing was not part of the master planning process and now it has become an integral and desired part of the project. Councilman Tone noted this project has been worked on for a long time but still seems to be changing, even at Council table. Councilman Tone said he would like assurance that what he is approving gets to the heart of what will satisfy the needs of the community in the future. Ressler said this application has been an evolution of refining and defining the need for housing. The applicant has looked at various sites and how many affordable units they could accomplish. Ressler said between conceptual and this review, the applicant had a year to do analysis and they are comfortable with the housing mitigation. 12 Regular Meeting Aspen City Council July 12, 2010 Mayor Ireland asked about limited the use of the garage. Ressler said they have language to add as a condition about the garage. Ressler told Council they have anticipated they would be decommissioning parking spaces if they are not to be used. Ressler said that can be stepped up by decommissioning 70 spaces as soon as they aze built until phase III is stazted and then the plan is to use those for staging construction of that phase. Ressler told Council one full floor of the parking garage is 70 spaces, which is the required number for phase II and they will close that floor off until and when phase III is built. Ms. Phelan pointed out the 71 surface pazking spaces that are neaz the emergency entrance and helipad will be removed as well as the 70 spaces not to be used in the parking garage. Mayor Ireland asked the consequences if traffic generation goes over the projected number. Alex Ariniello told Council his company did the traffic report and wrote the traffic demand management plan. Ariniello said if this project receives approval, traffic counts will be done this summer to establish a base line. There are counts from 2006 and 2008 and they will use this summer's numbers to establish the base. There are traffic limits for each phase. After phase II is complete, traffic counts will be done again. The proposal is to do traffic counts every 2 years as well as employee surveys. If the targets are exceeded, additional rewards and incentives will be provided, including prohibiting use of the parking structure. Mayor Ireland said a solution is an agreement that the applicant will submit a plan for traffic mitigation and comply with recommendation of the city's transportation department if the steps do not succeed. Councilman Romero asked about taking several seasonal traffic counts to come up with an average for the year. Ariniello said they are going to do the traffic counts during the peak time of July. Councilman Torre asked about the connectedness between phases II and III and why is a parking garage being built that may not be used. Sedmak showed a cross sectional drawing how the underground parking garage will work; it is being built where it is because of the topography which will allow half of the parking spaces to be buried because of the change in grade. Sedmak said the entrance reduces traffic crossing the site. Sedmak said there is no way to add onto the garage at a later date and meet the existing grade on site. Sedmak said it would double or triple the cost to go back and add on a parking level. Sarpa told Council this plan is about patient safety and patient care and hopefully the best patient caze has some economics to it. Councilman Romero agreed patient care, privacy and dignity have a lot to do with this application as well as excellence of service and matching needs with community expectations. The applicants have had an open community dialogue and have had different inputs to a plan that reflects the majority of what the community needs. Councilman Romero said the logic of the campus approach has plusses and minuses; however, for him the plusses outweigh the minuses. Councilman Romero said the public has chimed in with their concerns, to which the applicant has listened. Councilman Romero stated he is prepared to support the application for phase II, qualified on the amendments brought up at this meeting. Councilman Romero said the community wants 13 Regular Meeting Aspen City Council July 12, 2010 greater and quality Gaze for the patients. Councilman Romero said there will be direct impacts on the immediate neighbors who will be carrying more of the shaze of this project. Councilman Romero said the applicants should be respectful of how this project is handled with the immediate neighbors. Councilman Romero moved to adopt Ordinance #12, Series of 2010, on second reading subject to conditions on parking, affordable housing, and deed restrictions against condominiumization ofthe office space; seconded by Councilman Johnson. Councilman Johnson asked about the request to waive impact fees. Councilman Romero said he is in favor of staff's position not to waive these. Council agreed. Councilman Torre asked about his questions concerning the relationship of phases II and III. Mayor Ireland noted he asked and was assured that phase II stands alone independent of phase III. Mayor Ireland said the application does not need phase III for phase II to work. Ressler said this application is not signaling phases III and IV must follow because the garage is sized to accommodate those phases. Councilman Torre said the applicant has mentioned that phase III will be ready to go shortly after phase II. Councilman Tone stated he does not disagree with upgrades for the patient care; however, he is not in favor of more office space in phase III. Councilman Torre said the phasing seems veiled; he does not know why phase III space is not coming in with phase II. Councilman Torre questioned the appropriateness of building overparking, he is concerned about growth in the community and would like to understand what is next. Mayor Ireland suggested a condition indicating that approval of phase II does not imply approval for phase III. Councilman Torre said that does not address his issue about planning and the planning process. Sarpa reiterated the board asked that the most critical and essential functions be included in phase II. Phase III had items that are great for the community if they aze built. Sarpa said the boazd may take the time to get phase II operational and if it makes sense, phase IlI will be brought back to Council. There are reasons phase III is not a given. Ressler said phase II accomplishes a significant amount in terms of separation of functions, zoning, privacy, inpatient surgeries. Phase III includes the emergency, radiology, and further expansion of surgery. Ressler pointed out the garage has to be built before pazking can be taken over. This plan is logical and sequential. Councilman Johnson asked what phase I covered. Ressler said there were excess bond proceeds of $6 million in 2003 and the board and staff reviewed what this amount could cover. The hospital had approval for an expanded footprint and they built the Aspen birth center. Councilman Johnson said in his mind, the answer to the question does Aspen need the very best health care is yes and any community should answer yes when talking about .health caze. Councilman Johnson said this is a large project and will add mass and is important to create a sense of community. In some areas views will be obstructed; however, the community will be better off because of this project. Councilman Johnson said this is an appropriate project for the community. 14 Regular Meeting Aspen City Council JuIY 12, 2010 Councilman Skadron said his impression is that this project is too big and he would like it to be smaller; however, liking something is not a criterion upon which to evaluate an application. Councilman Skadron said Council has to evaluate this on the degree to which the application satisfies the criteria of PUD, including the AACP, land use, compatibility with surrounding area, architectural character. Councilman Skadron said he cannot find an argument that this project is insufficient in those criteria. Councilman Torre stated he is supportive of the hospital. Councilman Torre said he was not on Council when this project received conceptual approval and is now in the position of reviewing a phased project that is planned for more expansion. Councilman Torre agreed he would like the facility upgraded and is excited about affordable housing on campus. There are good components to the project. Councilman Torre said this application seems to be related to future development, which is troubling as is how this project has been laid out from conceptual approval. Mayor Ireland agreed Council has to rely on the land use process to be the guide in the approval process as well as weighing the adverse impacts to a specific neighborhood against a larger community good. Mayor Ireland said there has been a diminution in the amount of office space in the commercial core because of pressure to revert to residential real estate. Mayor Ireland said this project is view impactive; however, not all public needs can be satisfied by building one story buildings. Mayor Ireland said this is an essential public facility and the balance is in favor of the public facility. Mayor Ireland noted the resources are scarce in Aspen. This site has had a hospital on it for over 30 years. Mayor Ireland said being a community means having to accept something that may place a burden on a particular neighborhood to make things work. Mayor Ireland listed the added conditions; a MOU to require the hospital to commit to partnering or buying down 4 additional affordable housing units; there will be closure of 70 spaces in the pazking gazage until phase III is approved; there will be a report to the city's transportation department as necessary to monitor compliance with the stated traffic goals and if not met, there will be a remedy or remedies which will be subject to approval by the city's transportation department; there will be a deed restriction on the property to prevent condominiumization ofinedical office space, all subject to approval by the city attorney. Roll call vote; Johnson, yes; Skadron, yes; Torre, no; Romero, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #42, SERIES OF 2010 -Burlingame Ranch Phase II Design Councilmembers Skadron, Romero and Torre saw this presentation two weeks ago and approved the six points in concept and wanted input from Mayor Ireland and Councilman Johnson. Chris Everson, asset department, showed comparison of the proposed Burlingame project to other existing affordable housing projects, like Common Ground, Truscott, Centennial, and Maroon Creek to illustrate the massing. Mayor Ireland opened the public hearing. 15 Regular Meeting Aspen City Council July 12, 2010 Toni Kronberg said there could be a space on this property for a loading dock for the aerial connection. David Guthrie told Council he likes the milestones for this project. Guthrie told Council everyone on the design team and city staff has taken lots of time and listened to the homeowners' concerns. Guthrie said his prime concern is the green azeas in between the buildings, which has been addressed in this plan for phase II. Giles Thornley, Burlingame HOA board, thanked the design team and told Council the process has been very thorough. The homeowners feel as if their voices have been heard and their suggestions have been incorporated into the plan. Thornley noted new parking is being installed and a resident with one window will be overlooking a parking space. Mayor Ireland closed the public hearing. Councilman Skadron moved to approve Resolution #42, Series of 2010; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #14, SERIES OF 2010 -Silver Lining Conversion to Single Family Mayor Ireland noted Council has been asked twice before to rezone this property and to allow a single family residence. Mitch Haas, representing the applicant, told Council this is an amendment to the approved SPA for the Silver Lining Ranch to permit the use of the existing structure as a single family residence and will maintain the ability to conduct non-profit events. Haas told Council P&Z recommended a modification to allow the single family residence and after 5 years the SPA would be dissolved and the underlying zoning would change. to RR, rural residential, and the building would be a legally established non-conforming structure. Haas said the applicant has no objections to these recommendations. Haas told Council the operational costs associated with running the Silver Lining ranch have exceeded sustainable needs. The foundation is under contract to sell this property at which time the foundation will run scaled back camps and use the property rent free for less expensive functions like fund raisers and special events. The purchase contract allows the use of 14 weeks of camps to continue each year for 5 years with paying rent. Haas said in order to effect these changes, the SPA needs to be amended to allow for a single family use on this property. Haas said this does not require a rezoning or adoption of a PUD. The dimensional requirements of the SPA will accommodate all the existing development on site and do not need to be amended. The structures will not be considered non-conforming. Flags noted this more economic use by the foundation will result in a reduction of the impacts on traffic, safety and parking on Ute avenue. The impacts to the neighbors will be less than exist. Haas pointed out single family use is the only use recognized by the Stillwater homeowners' association under their covenants. The Stillwater HOA supports this application. Haas said there has been community support for this application. Haas reminded Council for other developments in this area, there has been a lot of opposition voiced. 16 Regular Meeting Aspen City Council July 12, 2010 Haas told Council this property was originally approved for single family in Pitkin County as lot 5 of the Stillwater subdivision. Mayor Ireland asked the FAR limitation in the county. Haas said the original approval was for 6500 square feet of FAR plus 4000 square feet subgrade plus 750 square feet of gazage or 11,250 square feet of residential use. Fabi Benedict, the original owner of this property, provided a gift of the property to Andrea Jaeger's Kids Stuff Foundation, in order for the foundation to assist children with cancer. Haas told Council time and effort went into working with the city to enable the use of lot 5 as a retreat with dormitory, health care facilities, administration, adining hall and recreational facilities. The facility operated for 10 years; however, the plan did not work out due to the extraordinary costs of operating in Aspen and that altitude is not ideal for children undergoing medical treatments. Haas noted there were no conditions on the gift from Ms. Benedict to the foundation nor were there any assurances given to the city that the property would continue as the Silver Lining Ranch in perpetuity. Haas said the zoning was not negotiated for public benefit and the public is not being asked to relinquish benefits for which they bazgained. Haas said the city did its part to help the foundation by annexing the property into the city and by granting the needed SPA approvals. The Kids' Stuff foundation raised money and built the facility on the property. From 1999 to 2006, the foundation ran week long camps 14 times/year. The foundation also conducted conferences, meetings and special events. In 2006, the Foundation determined it was neither economically or practically feasible to operate in Aspen and moved to southern Colorado. In order to continue, the foundation determined it would need to sell its property in Aspen. Haas told Council all zttempts to keep this property in non-profit use has failed. Haas requested the property be allowed to be used according to its originally intended and approved purpose, single family residential and allow the approved non-profit use to continue. Haas reminded Council, in 2007, the foundation applied to the city for disconnection or de-annex or to rezone the property to single family residential use. Haas said community development department recommended again disconnection on the basis of loss of tax revenue to the city. The disconnection was denied by Council who hoped anon-profit use could be maintained on the property. In November 2008 there was an application for an SPA amendment and a growth management review to convert the ranch into the Jewish Community Center. Council approved that request; however, the applicant never recorded an SPA plan within the required time rendering the approvals null and void. Haas said the applicant's abandonment of these approvals was a result of HOA covenants which limit the use of lot 5 to the exact Silver Lining Ranch use or to single family residential use only. There was also the threat of a lawsuit from the Sti]lwater HOA. Haas said as a result of that, the 1996 approvals are still in effect. Haas reminded Council during review of the Jewish Community Center, there was community concern about the additional traffic that would be generated by that change in use. Haas said single family use will further neighborhood and community goals of reducing traffic on Ute avenue. Haas stated a regrettable oversight in the SPA approval was not to include a fall back plan of reversion to single family use. Haas said the Silver Lining Ranch finds it cannot operate on the property nor can it sell that property to 17 Regular Meeting Aspen City Council July 12, 2010 another non-profit. Haas said the best solution for the city, the foundation and the neighborhood is a single family residence, which will bring property taxes back to the city, will allow RETT to be paid, will supply the housing program with funds, will reduce traffic and pazking and increase safety on Ute avenue and will place a conservation easement on the sensitive portions of the property. Haas said this sale will allow the foundation to continue to support children with cancer. Haas said without this sale, the foundation will not continue and the property will remain tax exempt and vacant. Haas reminded Council at first reading they wanted to know why the foundation's non- profit use is proposed to continue or 5 years and how this shared use will work. Haas noted during the disconnection hearings, the Council indicated they wanted continued non-profit use so the foundation and purchaser agreed to share the property for 5 years for continued non-profit use subject to the exact parameters and limitations established in the city's SPA approval. The 5 years was arrived at as a reasonable amount and the purchaser's principle does not plan to use this as a primary residence until 5 years. This was agreeable to the seller and to the purchaser and met to Council's interest in benefitting the community with this property. Haas said there are no variations in use from the existing approvals. Haas said the seller and purchaser have agreed to a rent free lease allowing the uses permitted for 5 years. The purchaser supports the foundation and has a good relationship with Ms. Jaeger. Ms. Jaeger will contact the purchaser about prospective uses and if there are no conflicts, the event will be scheduled. Haas told Council he tried to determine the allowable floor area for a single family residence, if zoned RR; however, they have not been able to determine how much land is available to count towards floor area ratio. Haas said the code caps the potential reduction at 25% and the calculation of potential floor azea falls between 8419 square feet and 11224 square feet. Haas said using industry standards, this would allow a residence with a gross floor area including exempt spaces to contain between 14,310 and 19,100 squaze feet. Haas noted the existing structure falls within these pazameters. Haas told Council the current buildings total 13,880 square feet, on 6.5 acres and an FAR of 0.05:1. Haas noted the surrounding neighborhood contains a wide variety of uses including the Aspen Club, lodges, offices, affordable housing and single family residences. Haas pointed out the Silver Ranch Lining building has a residential rather than commercial character which helps it blend in the neighborhood. Staff has found the building to be predominantly residential and recreational in nature. Haas stated it is compatible with the neighborhood. Haas said this development is consistent with the AACP; the parcel was originally a single family lot and this application proposes to return the property to that use. One of the goals of the AACP is to limit automobile traffic and improve safety on Ute avenue. This change in use translates to less traffic and congestion on Ute avenue. Haas noted another goal of the AACP is economic sustainability and the existing use has not been economically sustainable. This proposed SPA amendment will allow the non-profit to continue to operate in Aspen and elsewhere while staving off bankruptcy. A vacated property does not contribute to the community's tax base. 18 Regular Meeting Aspen City Council July 12, 2010 Haas said staff is concerned with a possible precedent that will encourage non-profits to leverage their assets by converting to residential uses to sustain their mission and an erosion of the underpinning of the Aspen Idea. Haas said this application does not have to do with the current state of the economy. The applicant has had this property on the market for several years and has tried to maintain non-profit uses on the property, which has cost the property owner a lot of money. Haas said this is a SPA amendment and is a case by case review. Haas said the facility was built out and used for many years before the economic and practical difficulties forced its relocation. Haas reiterated this request is for the property to revert back to its original approved use. Haas noted it is asserted the change in use is inconsistent with the arts, culture and education section of the AACP. Haas stated an application cannot be inconsistent with something that is inapplicable and in-elevant. The Silver Lining Ranch property is not and has not been an arts, culture or educational facility. This property has not had a non- profit use on it for the last 4 years. Haas told Council this amendment is consistent with the parks and open space portions of the AACP as they have volunteered a conservation easement over the most sensitive portions of the property. Haas said there is a concern about the loss of community benefits being derived from this property. Haas said very little community benefit has come from this property and if there was any, it was lost 4 years ago when the foundation moved to southwestern Colorado. Haas said the proposal contains a 5 year time frame for non-profits to use the property, over $1.1 million to the housing program, a conservation easement, reduced traffic, an increase to the tax base. Approving this SPA amendment will allow the property to be used as a single family residence, for which it was originally deemed appropriate. Haas reminded Council the applicant tried to get another non-profit use on this property and it did not work. Councilman Torre asked if this were vacant land and a single family residence was built, what would be the allowable FAR. Bendon said between 8500 to 11,000 squaze feet, net. Bendon told Council P&Z recommends if they are to approve it, it should be rezoned to RR to clean up the property and that the structure be considered a legally established non- conforming structure to give it the right to continue. Councilman Tone asked if there is a different way to get a community benefit rather than co-using the property for the next 5 years when the non-profit has stated it does not suit their needs, like sharing it with other non-profits in the community for greater community benefit. Haas pointed out the existing approval already allows medically-related non-profits to use this facility for special events and fund raisers. Mayor Ireland opened the public hearing. Peter Fornell said this applicant wants to continue doing their non-profit, unfortunately not in Aspen, and a way should be found to allow this. Fornell said the proposal seems to fit the scale and scope of the neighborhood and would allow this non-profit to continue with their good works. Bill Mitchell said he got Andrea Jaeger together with Fabi Benedict, which started this land donation. Mitchell noted the Benedict were big 19 Reeular Meetine Aspen City Council July 12, 2010 supporters of the Aspen Idea and his concern is for the community benefits. Mitchell said the land was given because it was for sick kids to come to Aspen to have an experience. Mitchell said he is sorry the community is not getting something out of this, to see more going to help non-profits that help kids. Cieorgeanne Waggaman said she thinks this is a good solution for Ute avenue and as far as community benefits, one has to look at the benefit of the greater community. Lucy Trammels noted there was a concern about allowing non-profits to leverage their assets to sustain their missions, which may undermine the Aspen Idea. Ms. Trammels said each situation is unique and more is done to undermine the Aspen Idea when using umbrella policies and the community should be limber in preserving and enhancing the community character. Ms. Trammels said approving this would help anon-profit preserve their avocation. Bill Fabrocini told Council he has volunteered his time for the Silver Lining Ranch and has seen the effect on the kids that were impacted. Fabrocini said the entire community is better off for having non-profits, whether in Aspen or somewhere else, and this is the best solution to a tough problem. Bill Kremmel said the ranch is a special space and this is a difficult decision; however, approving it will allow the work to go on. Forrest Barnett told Council he has worked for the foundation for 10 years and there can be reunions of the kids at the ranch over the next 5 years. Rick Neiley, representing the Silver Lining Foundation and Andrea Jaeger, told Council they have asked to annex, for reconsideration, for rezoning, and have tried to keep this land in non-profit use. Neiley said they tried for two years meeting with non-profits, soliciting non-profits and even in a contract with non-profits. Neiley said this is a solution to a hard problem. There will be payment of $1.1 to $1.6 million For 6.25 FTEs which would not otherwise be available to the community. The property will stay in the jurisdiction of the city. Helen Klanderud, former Mayor, told Council she voted in favor of de-annexation as this is the only pazcel of the Stillwater subdivision not in the county. Ms. Klanderud said there is great value in the cultural, non-profit, human services, arts organizations. Aspen has something special with the physical environment and with the cultural opportunities. Ms. Klanderud said it is difficult to hamstring someone doing good community work by restricting the organization so as not to allow sale of this property. Ms. Klanderud said there are very few situations like this in Aspen. Andrea Jaeger, Silver Lining Ranch, told Council her non-profit does not charge for their services and does not get any state or governmental funding. The land was donated by the Benedicts with no conditions. Ms. Jaeger said she would like to continue her work and is asking Council to allow this property to go back to what it was originally. Toni Kronberg said this is the only solution for this property and she agreed with public comments and with P&Z. Mayor Ireland closed the public hearing. 20 Regular Meeting Aspen City Council July 12, 2010 Bendon entered into the records a-mails from Tom Reagan, Monica, Jean Sulley, as well as the affidavit of notice. Councilman Romero moved to adopt Ordinance #14, Series of 2010, on second reading; seconded by Councilman Johnson. Councilman Torre asked about the outstanding court case on this property. City Attorney, John Worcester, said that should not affect Council's decision. Mayor Ireland agreed the court case should not interfere with Council's decision. Councilman Torre asked about hosting other local non-profits and is that assured. Haas said that is part of the standing approvals and that will not be changed. P&Z recommended this continue for 5 years. Councilman Torre asked if that language should be included in the ordinance. Mayor Ireland said if the Council wants to approve this, they should change the zoning and make it conforming. Councilman Torre said this property has been used as a community benefit and the non-profit uses seem to rest on a phone call between the purchaser and the foundation. Councilman Torre said that does not seem like it will get used. Ms. Jaeger said the purchaser is open to allowing other non-profit users not to exceed what is already allowable on the property. Councilman Torre said he would like to see language on the uses, extent of them, time, duration. Ms. Jaeger said the existing allowed uses aze 14 weeks of camp and special events. Mayor Ireland said he would like written assurance that this will be available to non- profits by an enforceable agreement to this proposed shazed use. Mayor Ireland stated it is Council's responsibility to see that the agreement is in writing and enforceable by the city and the public benefit is accessible. Haas said the agreement covers maximum use not minimum; the maximum is I S to 20 special events at the ranch/yeaz. Ms. Jaeger said the use is approved on a per case basis and the purchaser has agreed to at least 50% as a minimum. Mayor Ireland said he would like an agreement that provides who can access the right, how it is done, and how many times it can be used. Jennifer Hall, representing the purchaser, stated it is a term of the contract that they will enter into a lease that the seller has a right to use, rent free, the property to the maximum extent allowed under the existing zoning. Mayor Ireland said the potential buyer can enter into a written agreement with the city about the use of the property. Haas pointed out the existing agreement limits use to medical-related non-profits. Councilman Torre reiterated this parcel was allowed the uses it has had because of the greater good and public benefit and converting it to single family residence takes that away. Councilman Torre said the Silver Lining Ranch foundation may or may not use this property over the next 5 years and he would like an assurance that some non-profit will get the benefit of the conversion back to single family home. Mayor Ireland said this feels like extortion from the homeowners who want single family zoning and Council is being asked to change zoning by Ms. Jaeger's foundation. Mayor Ireland noted the County Commissioners allowed a large facility, above and beyond the allowed zoning on this parcel because it was proposed for non-profit use. The non-profit 21 Regular Meeting Aspen Citv Council July 12, 2010 use did not work out and they have to sell this property. Mayor Ireland said he is concerned that Aspen or Pitkin County is a cash register for non-profits to turn their property into single family residences. Mayor Ireland said he can support this if a written agreement can be worked out that provides an actual opportunity for non-profits to use the property as provided. Bendon reminded Council if they rezone the entire property RR, rural residential, the FAR will be 11,000+ squaze feet; if it is only the area currently zoned Academic, the number is 8500 square feet. Councilman Johnson said he feels like attempt have been made to have anon-profit in the location work and the issue is at an impasse with the homeowners association and he supports the rezoning. Councilman Skadron said he is trying to determine which the higher benefit is; the benefit of having this resource or the benefit Ms. Jaeger's organization brings. Councilman Skadron said he feels the non- profit use of this community is an important community resource and allowing conversion to single family looses this resource and he does not support this application. Haas noted the existing language, besides 14 weeks of camp is for Ms. Jaeger's foundation, the other language is for 15 to 20 one-day events may be held at the ranch. Haas said the language can be added that there shall be no less than 8 such events/yeaz. Councilman Torre said he would like the balance of any time not used by Ms. Jaeger's foundation maybe used by other non-profits. Haas said they can agree that 14 weeks of camp are available to Ms. Jaeger's foundation; any unused weeks become available to other medical non-profit use. The language already states there may be up to 15 to 20 special event or full day events held at the ranch during the year. Haas proposed adding "and there shall be not less than 8 such events/year". Mayor Ireland moved to amend the motion to conditioned adding language that reflects the understanding of Council and to the satisfaction of the city attorney; seconded by Councilman Torre. Roll call vote; Tone, yes; Johnson, yes; Romero, yes; Skadton, no; Mayor Ireland, yes. Motion carried. RESOLUTION #51, SERIES OF 2010 - Memorandum of Understanding Given Institute City Attorney, John Worcester, told Council he has discussed some changes to the memorandum of understanding with counsel for University of Colorado so the resolution should adopt the MOU in substantially the form as in exhibit A. Worcester said he would like a section that would allow non-profits to purchase the property or to participate with the city in purchasing the property. Worcester told Council he would like evidence that the $17 million is a bona fide offer as that is what the city is matching. Mayor Ireland moved to approve Resolution #51, Series of 2010, as amended as described by the city attorney and substantially in the form of exhibit A; seconded by Councilman Skadron. All in favor, with the exception of Councilman Torre. Motion carried. 22 Regular MeetinE Aspen City Council July 12, 2010 Council went back into continued executive session at 12:20 a.m. Councilman Torre moved to come out of executive session at 1:40 p.m.; seconded by Councilman Johnson. All in favor, motion carved. Councilman Romero moved to adjourn at 1:40 a.m.; seconded by Councilman Torre. All in favor, motion carried. 23