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HomeMy WebLinkAboutminutes.council.20140811Regular Meeting Aspen City Council August 11, 2014 1 CITIZEN COMMENTS AND PETITION ................................................................................................... 2 COUNCILMEMBER COMMENTS ............................................................................................................ 2 CONSENT CALENDAR ............................................................................................................................. 3 Resolution #94, Series of 2014 – IT Storage Area Network (SAN) ................................................. 3 Resolution #96, Series of 2014 – Buttermilk Base Amendment and Restated Water Service Agreement ......................................................................................................................................... 3 Resolution #95, Series of 2014 – Calling for a Special Municipal Election and Executing Intergovernmental Agreement with Pitkin County for Coordinated Election .................................. 3 Minutes – July 28, 2014 .................................................................................................................... 3 Ordinance #26, Series of 2014 – Maroon Creek Club- Planned Development Amendmen ......................... 3 Ordinance #24, Series of 2014 – Council and Mayor Vacancies ................................................................. 4 Ordinance #25, Series of 2014 – Term Limits .............................................................................................. 5 Ordinance #23, Series of 2014 – Land Use Code Amendments: Home Occupations .................................. 5 Ordinance #19, Series of 2014 – Lodge Incentive Program Code Amendment ........................................... 6 Regular Meeting Aspen City Council August 11, 2014 2 Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Mullins, Daily, Frisch and Romero present. CITIZEN COMMENTS AND PETITION 1. Lucy Kessler announced the launch of a new chapter of Citizen Climate Lobby. There are 200 chapters nationwide. There is a climate solutions training as part of AREday. 2. Peter Fornell told the Council his project at 518 Main St. is completed and he invited Council and the community to an open house on Wednesday from noon to three. When Mr. Fornell made the application three years ago he requested that he be able to place 30% of the buyers at his request. This was later waived. Mr. Fornell has a daughter and wants to be able to place her in one of the units. He has a formal application in play but the process won’t occur until September 22nd which is after the lottery. He asked Council to set aside one unit so he could place his daughter there. Mayor Skadron stated he does not want to proceed in any way that violates the ordinance. Chris Bendon, community development, said the ordinance does not require all the units be delivered at the same time. Jim True, city attorney, said if the placement process is not in violation of the ordinance he sees no reason why council can’t give some direction to go forward with housing approval. Mayor Skadron said if housing is comfortable and it is not violating the ordinance he does not believe Council will have an issue with holding one back unit. Councilman Frisch said he is not opposed in theory for having the builder having a priory list to turn in as long as the person is APCHA qualified. Councilman Romero also said he is comfortable delaying the process for one unit. Mayor Skadron stated he watched the project go up and thinks it’s great. Councilwoman Mullins stated this is one of the more successful projects that went before HPC. COUNCILMEMBER COMMENTS 1. Councilman Romero said the PRO cycling challenge starts this weekend with a great series of activities and to be aware of road closures. Councilman Daily agreed with Councilman Romero. 2. Councilman Romero asked if there is a City response on the power outage that occurred. 3. Councilman Frisch stated he is glad to be back and is looking forward to the bike race. 4. Councilman Frisch thanked all the volunteers who applied to be on the committee to select a new use for the Old Powerhouse Property. 5. Councilwoman Mullins stated there was a lot of activity going on last week with the art museum opening, power of four races and the Maroon Bells birthday bash. She said we have an energetic vibrant community. 6. Councilwoman Mullins said is seems like there is a lack of bike racks in town and asked Staff to look into it. 7. Mayor Skadron thanked the City crews who worked to get the power back on specifically Richard Pryor and the police crew, Mike Tracey, Gretchen Born, Rob Fabocini and Blair Weyer as well as Parks; Robert Hopper and Sean Obrien; Electric, Billy Gartner, Martin Mendoza, Trinity Terry, Mike McDill and Dave Hornbacher. He also thanked Steve Barwick and Jeff Pendarvis for going door to door letting business know what the situation was. Mayor Skadron stated the City is investigating whether third parties can join the City’s claim. 8. Mayor Skadron said the City won the bag fee court case. The court ruled it is a fee and not a tax. 9. Mayor Skadron said the blue letters outside the art museum are a display and does not violate the sign code but they may violate the lighting code. 10. Mayor Skadron thanked Barry Crook for guiding Council through the goal setting at the retreat. He also thanked Linda Manning for providing a seamless transition into the Clerk position. 11. Mayor Skadron said AREday and the Pro Cycling Challenge are coming up. Regular Meeting Aspen City Council August 11, 2014 3 12. Mayor Skadron said he was honored to participate in the Maroon Bells birthday bash and the Ducky Derby. CONSENT CALENDAR Councilwoman Mullins stated Buttermilk has maintained the same level of water use since 1993. She asked why they need 5,000 square feet of irrigated landscape at a primarily winter use facility. Debbie Quinn, attorney’s office, and Phil Overeynder, water department stated they have not gone over the maximum. Mr. Overeynder stated 5,000 square feet is a pretty minimal request. Councilwoman Mullins said she wants to make sure the additional use is justifiable. Councilman Daily recused himself as he is a partner to Mr. Ferguson who is representing the Ski Company. Boots Ferguson stated the goal is to limit the changes but bring the agreement up to speed with the current project. 10 acre feet was in the original 1993 agreement. The average is in the three million acre foot range and he estimates it will go down. They always had the right to 5,000 square feet to use potable water for irrigation. The agreement specifically identifies the irrigation use for the parking lot side of bumps and will consist of potted plants, shrubs and trees. The remaining irrigation will use raw water. Councilman Frisch moved to approve Resolution #96; seconded by Councilwoman Mullins. All in favor, motion carried. Resolution # 94- IT Storage area network. Mayor Skadron stated the memo says this project is coming in under budget and asked why. Jim Considine, IT department, said the budget included part of the network that was located at the County. This is for the production side and not the disaster side so it is only half of the total project. They are looking at using the current equipment as the disaster recovery site and when the project is done they will still be under budget. • Resolution #94, Series of 2014 – IT Storage Area Network (SAN) • Resolution #96, Series of 2014 – Buttermilk Base Amendment and Restated Water Service Agreement • Resolution #95, Series of 2014 – Calling for a Special Municipal Election and Executing Intergovernmental Agreement with Pitkin County for Coordinated Election • Minutes – July 28, 2014 Councilwoman Mullins moved to adopt the rest of the consent calendar; seconded by Councilman Frisch. All in favor, motion carried. Ordinance #26, Series of 2014 – Maroon Creek Club- Planned Development Amendment Jennifer Phelan, community development, told the Council the master HOA is requesting an amendment to allow the landing of transferable development rights on certain properties. As a site specific approval the TDR’s cannot be landed automatically but need to be permitted to be extinguished in this subdivision. There are 43 single family free market home sites that are requesting to land TDR’s for a total of 96 TDR’s. Staff will review specifics at second reading on September eighth. Councilman Frisch asked if this came up because the places to land has become fewer. Ms. Phelan stated the Moore family PUD approached the City a few years ago and went before the planning and zoning committee. Regular Meeting Aspen City Council August 11, 2014 4 Mayor Skadron stated he wants to be certain that this is not prohibited in the original ordinance and would like more information on the history of the agreement. Councilman Frisch moved to read Ordinance #26, series of 2014; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE NO. 26 (SERIES OF 2014) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE MAROON CREEK CLUB SUBDIVISION AND PLANNED DEVELOPMENT THAT APPROVES THE EXTINGUISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS ON FORTY THREE LOTS WITHIN THE SUBDIVISION LEGALLY DESCRIBED AS LOTS 1-12, 16, AND 19-48 Councilman Frisch moved to approve Ordinance #26, Series of 2014 on first reading; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Mullins, yes; Daily, yes; Frisch, yes; Romero, yes; Mayor Skadron, yes. Motion carried. Ordinance #24, Series of 2014 – Council and Mayor Vacancies Jim True, city attorney, stated if this ordinance is passed at second reading on August 25th a resolution will be presented to authorize questions for the November election. The vacancy issues came up when Councilman Romero was appointed instead of being put to a vote. The Charter states it is done by appointment within 30 days from vacancy. Council has asked to consider other manners to fill the vacancy. This would result in an amendment to section 3.8 of the Charter. The memo outlines the five significant changes. 1. Election by electorate require if vacancy is 365 days or more. 2. If the vacancy is less than 365 days Council may appoint or submit to electorate. 3. There is a default provision to the earliest scheduled election if council fails to set an election if one is required. 4. If there is one council seat being filled by an election, a candidate must receive 50% plus one of the votes cast in order to be elected. If no candidate receives that majority, there will be a runoff. 5. A vacancy is created if someone attempts to serve in another elective office. Councilwoman Mullins asked for additional clarification as to when the vacancy starts. Mr. True said it is created on certain events and the term ends when it ends, June of an odd year. Mr. True said there are no changes to the recall procedure. Councilman Frisch said the old rules are very efficient but the community feels it is unfair and wants to vote. Direction from Council is if it is a long multi-year to get it in the public hands. Councilman Romero moved to read Ordinance #24, Series of 2014; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO. 24 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY CHARTER OF THE CITY OF ASPEN BY AMENDING SECTIONS 3.8, TO MODIFY THE MANNER IN WHICH VACANCIES IN THE OFFICE OF COUNCIL AND MAYOR ARE FILLED Regular Meeting Aspen City Council August 11, 2014 5 Councilman Romero moved to adopt Ordinance #24, Series of 2014 on first reading; seconded by Councilman Frisch. Roll call vote; Councilmembers Frisch, yes; Daily, yes; Romero, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Ordinance #25, Series of 2014 – Term Limits Mr. True said when Mayor Ireland was term limited as mayor there were questions as to whether he could run for council. There was no prohibition to move from council to mayor or the other way because they are considered distinct positions. The proposed ordinance sets a cumulative limit of 14 years no matter which direction before stepping off for four years before running again. This would define what a full term is. A partial term would count as a full term regardless of appointment or election. If adopted in November this would apply to any upcoming council members but not apply to existing council members’ terms served. Councilman Romero said they may want to consider partial terms equating to a full term that it may be a chilling effect on someone to fill a vacancy. He said they may consider that a term less than a year not apply. Mr. True said that would be difficult in administrating. Councilman Frisch said the changes still allow someone to serve over a decade. It is better to err on the more conservative side than the 18 year side. Councilman Romero moved to read Ordinance #25, series of 2014; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE NO. 25 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY CHARTER OF THE CITY OF ASPEN BY ADDING SECTION 3.10, TO PROVIDE SPECIFIC AND OVERALL TERM LIMITS FOR SERVING IN THE OFFICES OF MAYOR AND CITY COUNCIL Councilman Frisch moved to approve Ordinance #23, Series of 2014 on first reading; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Romero, yes; Mullins, yes; Frisch, yes; Daily, yes; Mayor Skadro, yes. Motion carried. Ordinance #23, Series of 2014 – Land Use Code Amendments: Home Occupations Chris Bendon, community development, stated these changes would clarify that you can run a retail business out of your home as long as the point of sale is not out of the home. An example would be the Saturday Market where the actual sales take place at the market, as well as internet sales. The ordinance would also clarify that marijuana businesses are not eligible for home occupation. Mayor Skadron open the public comment. There was none. Mayor Skadron closed the public comment. Councilman Frisch moved to adopt ordinance #23, Series of 2014; seconded by Councilman Daily. Roll call vote; Councilmembers Daily, yes; Frisch, yes; Mullins, yes; Romero, yes; Mayor Skadron, yes. Motion carried. Regular Meeting Aspen City Council August 11, 2014 6 Ordinance #19, Series of 2014 – Lodge Incentive Program Code Amendment Chris Bendon told the Council this is a true long range planning exercise that came out of the AACP. The focus was to assist lodges and short term condominiums to sustain their operation. He said they believe they are presenting a package of code amendments to achieve that goal. The ordinance has been vetted substantially and has received quite a bit of support. Jessica Garrow, community development, thanked Council and the lodging and business community. She stated the program goals are to bolster the bed base in condos and traditional lodges and to support lodging uses over free market residential uses. There are two parts of the program; a lodge program and a vacation residency program. Staff is proposing the program be in effect for five years. The three program levels include; basic, minor exterior and infrastructure updates and changes; standard, interior upgrades and small expansions; standard plus, larger expansions and new product. The current multi-family replacement is a significant barrier to vacation residences. It triggers affordable housing requirements if it has ever housed a local working resident. The proposed ordinance has a look back of 20 years, 10 years for the lodge zone district and five years for vacation residences. Staff had proposed unit size limitations for lodge units, residential units, and vacation residence units, with the ability to increase all thought the landing of TD’s. Lodge units will be 1,000 square feet and can be expanded to 2,000 square feet through a special review and a TDR is no longer required. Vacation residences are 1,500 square feet and can be expanded to 2,500 with a TDR and special review. Free marker residential are 1,500 square feet and can be expanded to 2,500 with a TDR. Additional TDRs can be landed to increase the allowed free market residential floor area by a five percent transfer ratio of 1,000 square foot per TDR. Staff has also amended the free market unit sizes for LP properties adding that TDRs are worth 250 square feet of added floor area up to a maximum of 1,000 square feet. Heights in the mixed-use zone district could be increased to 36 feet outside of the historic zone district. Residential multi-family would also have a maximum of 36 feet. The lodge preservation overlay would top out at 32 feet. A 4th story may be allowed in the lodge zone only south of Durant, for a lodge and participation in the standard plus program. The proposed fee reductions were flipped with the basic program getting the higher waiver and standard plus getting the lower as a rebate. Councilwoman Mullins asked if APCHA has commented on the affordable housing mitigation reduction. Ms. Garrow replied no. Councilwoman Mullins also asked how they arrived at the 500,000 dollar budget. Ms. Garrow said that will be part of the budget discussion and based on how popular they think program will be and the lodge ombudsman positon. Councilwoman Mullins asked with the sunset in five years if they have plans to go in at two years and see how it is working. Ms. Garrow said the clause came from feedback mostly from condo owners and how the HOA will come in. Councilman Romero said he would like to examine the multi-family replacement program further. He asked if the free market potential FAR bonus applies not to the overall project FAR but to the free market use. Ms. Garrow said that is correct. Councilman Romero said lodging applications would be Regular Meeting Aspen City Council August 11, 2014 7 exempt from the process of allotments. Ms. Garrow said they would participate in the review but waive the allotment, no competition. Councilman Daily asked for the lodge and lodge preservation is it possible to have a maximum free market FAR of 60 %. Mr. Bendon replied yes, 60% of the lodging. Councilman Daily asked what is the maximum square footage in any proposals that a free market penthouse could have. Ms. Garrow said it is 2,500. He asked what portion of a top floor it is likely to represent. Mr. Bendon said depending on the design it could be all. Councilman Daily said the penthouse concept concerns him slightly and recent experience shows penthouse owners have a sense of entitlement. He said there is nothing that speaks to the proposed use of a 4th floor. If we allow a 4th floor we should be sure what they are going to be turned into. Mr. Bendon said the issue with free market residential is it is a significant financial engine for these projects to come forward. Councilman Daily said he understands the importance of the concept. Councilman Daily said he does not expect to see a 4th story building that is all lodging. Mayor Skadron said the 4th floor is the free market component that will make the hotel model work. Mr. Bendon said these assumptions are correct. The goal is to create lodging but he expects Councilman Daily is probably correct. Mayor Skadron asked what height is assigned to a 4th floor. Mr. Bendon said that is decided by a planned development review and there is no specified height limitation. Councilman Frisch said if the height was in the 60-70 foot range it would not have support and he does not think that will happen. Mayor Skadron said four stories is more like 63 feet. It is one thing to say 4th floor and another thing to quantify it. Mayor Skadron opened the public comment. 1. Jessica Garrow entered comments from Mick Ireland, George Neuman, Aspen Lodging Association and LJ Erspamer. 2. Cliff Moheinkel, Karl Piepho and Matt Ross, Aspen Edge condo units, said they are long term housing with a 6 month limit and they think the ordinance is unfair. They would like to tear down the building and sell the property. When compared to a single family house contemplating the same they would have to pay a million dollars to go from category four to two because of the multi-family replacement. He said they feel they are being singled out and it is unfair. 3. Bill Tomcich- stay aspen snowmass told the Council there were 15 nights since June 21 where occupancy exceeded over 90 percent. Paid occupancy for July in Aspen was down 5.6 percent from last year and was up 21 percent in Snowmass. The average daily rate for aspen was up 9 percent in July to 379 dollars per night. Snowmass was up 1.9 percent and 142 dollars per night. He said the numbers are not sustainable long term and it is imperative the process is accelerated. 4. Michael Behrendt, St Moritz, said he has been in the lodging business for 40 years. The St. Moritz has lower cost rates about the same as Snowmass. He said he disagree with Staff’s loss of rooms premise. There are plus or minus the same numbers of rooms but the configuration has changed. The replacement rooms are bigger, better and cost more and is what the market wants. There are lots of places for people to stay including air bnb. There is never enough but he does not want more. He said yes to everything except for height and the fourth floor. 5. Maria Morrow asked if it goes far enough. The current three story lodge code does not provide enough incentive. She asked what the lodge we want to see built looks like and is there enough incentives. What is the optimal- we need to give some other financial offset. She would like to Regular Meeting Aspen City Council August 11, 2014 8 see some creative solution that provides a benefit to someone building what the City wants. The Gant, Aspen Square and Little Nell have maintained affordability but are 100 percent owned and the unit owners spread remodel cost amongst themselves. The code is ready to go in so many other areas and she would like to see it move forward in some way but we have not created enough incentive for the product we want to see built. 6. Norma Dolle told the Council she is very pleased with the Snow Queen. It has been the busiest July and August she ever had and people are coming from all over. She said we want to keep the smaller lodges but parking is a problem. 7. Phyllis Bronson said that Michael and Norma are asking for the least but those are the people this is meant to help. She said she is afraid the new development will be more expensive then we think. She said during the AACP meetings she stated they want elegant lodges with a gradation in prices. What was proposed for South Aspen was not lodges but endless residences. 8. Ziska Childs said Staff is trying to squeeze too much into the ordinance. A condominium trying to renovate is different from lodges trying to modernize and new development. She said it is punitive to the point she can’t see herself doing it. Getting the permit process sped up is more helpful and is what the public asked for. 9. Stan Clauson told the Council there are two areas to focus on. The area of the mountain; lift 1 A and South Aspen street. He said there needs to be code changes that will inspire confidence. The efficiency of the process is important but it needs to provide a level of certainty and incentive. He said TDRs are still required for anything above 1,500 square feet and is not an incentive. Mr. Clauson said a 4th floor is essential for the lodging district. He said we need to look at floor area ratio and thinks they are low. It still does not go far enough. 10. David Corbin, aspen skiing company, stated he believes it is important for Aspen to continually and dynamically refurbish the bed base. 40 percent of the bed base is in existing condo multi- family stock. He encouraged Council to support those incentives. The 4th story is a bit of a red herring and he hopes we don’t get hung up on the 4th story since so few properties are effected. Mr. Corbin encouraged Council to support the code amendments. 11. Mick Ireland told the council he objects the ordinance. He said we need to examine the results of the last infill development proposal. There was a decline in population and an increase in vacancies. We saw a conversion of commercial spaces to residential. In each census since 1980 each neighborhood has lost population. The only reason for gain is from affordable housing. There is an oversupply of top end lodges and we are losing lodging at the bottom end. The vacation residence program is problematic and there is no documentation on past use. There is no enforcement mechanism in the ordinance. The affordable housing problem has not been solved. A 4th story will be 63 feet and not well received by the public. There is no barrier to turning a lodge into a single family residence. 12. Donnie Lee stated this has been a great process and a small bite to move the needle in a positive direction. It will potentially open the door for new development. We don’t want to go too far too fast. He said the Gant has been able to sustain. The 4th story is already here. He stated he supports the entire ordinance. 13. Michael Brown said he sees a lot of approvals but not a lot of development. There has been a tremendous amount of public outreach but he would like more time to review the ordinance. He would like to see the Triumph report expanded. TDRs need to be given up and buried for another time and should not be part of the lodge incentive plan. They are a hindrance for promoting the stated goal of program and fee waivers are more impactful. There should be a place in the budget to supplement the fee waivers. It is a way to add incentive to build better hotels with common areas. 14. Dave Perry, Aspen skiing company, stated we need lodging and our current lodging is out of balance. Australia is our number one international market and their top suggestion is to improve lodging quality. The quality is so variable and customers are losing confidence. Our lodging is not competitive on price for quality. The ordinance is a step in the right direction. 15. Debbie Braun, president of aspen chamber, said the lodging sector gives free rooms to the events that come to Aspen and it is time to help that sector of the economy. We aren’t opening the flood Regular Meeting Aspen City Council August 11, 2014 9 gates to infill. Lodging is important to the community. She hopes the small lodges take advantage of some of the incentives. 16. Janette Jarnour stated she agrees with Dave Perry. Mayor Skadron closed the public comment. Councilman Romero asked how a streamlined review would take place. Mr. Bendon said the themes they keep hearing are quicker, cheaper and more predictable. They did contemplate specific timelines but were unsure of how they would be met. The application would move to top of pile if submitted under the program but he is not sure what that means for turnaround times. Councilman Frisch said it is not too big to swallow but has three parts; condo issues, existing lodge and new lodges. He said for fee waivers he is confident the money to be waived was not budgeted in past budgets. He does not see us cutting any types of services. We can be prudent and conservative and not making a tradeoff but reallocating money. He said the condos are not looking for more square footage or bulk and mass but help to renovate to become more relevant. The tradeoff for that is hinged on the multi- family replacement plan. He doesn’t think we are losing something that hasn’t been there the past five or ten years. The goal is to have affordable housing built and the current code is not creating affordable housing from lodging product. He said if the ordinance gets passed Council will still have the power to say no to a 4th floor. He said he is willing to open up the discussion of a 4th floor. Councilman Frisch said TDRs need their own discussion. He said he would support a less stringent multi-family replacement plan. Councilwoman Mullins stated she appreciates the public comment. At the beginning of the process we were trying to equalize the rules for condos and lodges and it was apparent the condos were at a disadvantage. It is not just more rooms we are after but better and more consistent. We are also trying to maintain the character of town and part of that is keeping the existing lodges. She said the 4th story and 60 % free market are quite aggressive. She would hate to see the new construction component any more aggressive. We need to see how it works. Her objections include the plan sunset in 5 years is much too short to test a new program. She still disagrees with the 4th story and would like to see it done with three. Councilwoman Mullins said she still doesn’t understand the basis for affordable housing mitigation and it seems arbitrary. She supports the TDRs and they have an economic benefit. Councilman Daily said the current draft reflects the commentary given to Staff and he wants to get going on the program. He said we need to get it out and see if we can make it work. He said he has struggled with the height issue for a while but the potential for a 4th floor in limited areas can be an important part of the incentive and is a new tool in the tool box. Let’s create the right to ask in limited locations. The creation of the ability to ask may be quite important to the program and he would like to try it. He said he doesn’t want to discourage conversation in the right situations. Councilman Daily recommended language changes to paragraph 1 on page 195, 4th floor review criteria-to add “proposed use” after “enclosed space”. He would also like to change 2nd criteria- adding “including its overall height” after “proposed building”. Councilman Daily said he supports the proposed ordinance. He also agrees with Michael Brown that there is an over-emphasis on TDRs and it doesn’t belong in a lodge incentive program. Mayor Skadron said generally this is the wrong long term vision for Aspen and we are re-prioritizing our values. The code is based on the principle that development carries its own weight. The ordinance results in a need for more workers but provides nowhere for them to reside. The core is burdened by surprising Regular Meeting Aspen City Council August 11, 2014 10 heights, endless development and conflicts between residential and downtown vitality. He is challenged by a perceived hypocrisy when development asks for government help on one hand and appeals to free market rationales in pursuit of its business goals. He is not persuaded at this time that the incentives are worth the cost. There are inherent dangers in relaxing the ordinances that guided this community and would not support the ordinance if voting on it now. He is open to discussing the 4th floor, affordable housing mitigation, multi family replacement, supply of luxury units that are current adequate that this policy will add to. He is also open to discussing TDRs and the sunset. Mayor Skadron said he would like to see something happen but the package is too aggressive. If continuation is an option he is open to it and wants more discussion on the sensitive issues. Councilman Romero suggested changing the look back for the multi-family replacement program to a 10 year overall and five years with participation in the incentive program. Mayor Skadron said the five years is too aggressive. Councilman Frisch said anything past five years is gone and not part of the local housing stock. Councilmembers Mullins and Daily are comfortable with the ten and five. Councilman Romero said he is confident in the ability of the Council to say no if they receive height requests that are unacceptable. He also suggested receiving feedback via a dashboard instead of a report. Councilwoman Mullins stated she continues to disagree with the 4th story. It would be difficult to reverse. She suggested testing with three stories and being more aggressive with other things. Councilman Frisch said by supporting the ordinance he does not feel he is locking himself into anything regarding a 4th floor. Mr. Bendon said there is a waiver for right of way and construction fees for people who participate in the program and Staff would like some ability to reduce or revoke the incentive based on the performance of the contractor during construction. Council agreed with this. The proposed changes to the ordinance including inserting “proposed use” to section one of the fourth floor review criteria, inserting “including overall height” to section two, changing the look back for multi- family replacement to 10 years overall and five with participation in the program, adding a dashboard for review and the ability to reduce or revoke the right of way and construction fee waivers. Councilman Frisch moved to approve Ordinance #19, Series of 2014 with the following changes: inserting “proposed use” to section one of the fourth floor review criteria, inserting “including overall height” to section two, changing the look back for multi-family replacement to 10 years overall and five with participation in the program, adding a dashboard for review and the ability to reduce or revoke the right of way and construction fee waivers; seconded by Councilman Daily. Roll call vote; Councilmembers Romero, yes; Frisch, yes; Mullins, no; Daily, yes; Mayor Skadron, no. Motion carried. Councilman Frisch move to adjourn at 11:05; seconded by Councilman Romero. All in favor, Motion carried. Linda Manning City Clerk Regular Meeting Aspen City Council August 11, 2014 11