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HomeMy WebLinkAboutminutes.council.20110124 REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 CITIZEN PARTICIPATION 2 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR 3 • Minutes — January 10, 2011 3 • Resolution #9, 2011— Extension of Ordinance #48 Negotiations 610 E. Hyman 3 ORDINANCE #2, SERIES OF 2011— Amending Election Procedures 3 RESOLUTION #10, SERIES OF 2011— BMC West Annexation 4 ORDINANCE #1, SERIES OF 2011— Given Institute Negotiation for Landmark Designation 4 ORDINANCE #15, SERIES OF 2010 — Aspen Energy Center Castle Creek Hydroplant 12 REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 Mayor Ireland called the meeting to order at 5:03 PM with Councilmembers Johnson, Torre, Skadron and Romero present. CITIZEN PARTICIPATION 1. Mike Maple commended Council for being one of two entities in Pitkin County that held the line on property taxes. Maple said he is disappointed that other taxing districts did not lower their mil levies and the AVH district is about double. Maple said it is positive that the city is soliciting bids for use of the Bentley space in the Wheeler Opera House. Maple said the kitchen is currently being remodeled and it would make more sense to select an operator first and have them design and build the kitchen. COUNCILMEMBER COMMENTS 1. Councilman Torre congratulated ACRA, the community and anyone who had anything to do with Winterskol; it was a great event. Councilman Torre said he looks forward to improvements for next year's Winterskol. 2. Councilman Torre announced tomorrow at the historical society Michael Behrendt, John Van Ness and perhaps Mick Ireland discussing politics then and now, which should be an entertaining evening. 3. Councilman Johnson reminded everyone X Games is this week — bigger and better than ever. Aspen and Snowmass will be highlighted. 4. Councilman Johnson said he understood the remodel at the Wheeler to be about safety and some Wheeler issues. It would make sense to have the new operator be part of the remodel as much as possible. 5. Councilman Johnson congratulated Councilman Romero for his new job with Governor Hickenlooper and the Office of Economic Development. 6. Mayor Ireland agreed the X Games should be fun; anyone attending needs to ride the bus. 7. Mayor Ireland sent Happy Birthday wishes to Ruth Whyte who was a force behind the Aspen Historical Society. 8. Mayor Ireland said it is sad news the city is losing Dwayne Romero, who has contributed a lot to Council and to Aspen. Mayor Ireland said Council will need to replace Councilman Romero. The Charter states the Council shall chose a replacement within 30 days. REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 9. Mayor Ireland said the community development department mailed surveys to 2,000 people. These can be returned by mail or online. CONSENT CALENDAR Councilman Torre moved to approve the consent calendar; seconded by Councilman Johnson. The consent calendar is: • Minutes — January 10, 2011 • Resolution #9, 2011 — Extension of Ordinance #48 Negotiations 610 E. Hyman All in favor, motion carried. ORDINANCE #2, SERIES OF 2011— Amending Election Procedures Councilman Torre moved to read Ordinance #2, Series of 2011; seconded by Mayor Ireland. All in favor, motion carried. ORDINANCE #2 (Series of 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY REPEALING CHAPTER 2.26 AND AMENDING TITLE 9 BY THE ADDITION OF A NEW CHAPTER 9.10 RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS Councilman Johnson requested for second reading the minutes of the Election Commission discussing the requirement for IDs at polls. Councilman Johnson said there was a list of election items to be improved from the 2009 election and he would like to know the status of these. Jim True, special counsel, said some of those have been addressed because the election will not be an IRV election and he will give Council a status report on those issues. Ward Hauenstein, election commission, pointed out identification at polls is not a municipal requirement; however, ID is required in county and state elections and the Commission discussed making this requirement consistent across all elections. Hauenstein said the Commission felt Council could decide this amendment. Mayor Ireland asked if this includes that an election judge can swear to someone's identity or a voter could cast a provisional ballot. Hauenstein said this amendment includes both of those. Mayor Ireland said this seems a good compromise where a person's identity can be verified. REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 Councilman Torre moved to adopt Ordinance #2, Series of 2011, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Johnson, yes; Torre, yes; Skadron, yes; Romero, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #10, SERIES OF 2011— BMC West Annexation John Worcester, city attorney, told Council this is the second resolution in the process of annexation, which is dictated by state statutes. Worcester said this public hearing is to determine whether land is eligible to be annexed as set forth in the resolution. Worcester noted this land is west of the city and is owned by the city. Reed Patterson, municipal clerk's office, said notice has been provided as required by state statute in the required amount of time and that the owners of the property have consented in writing to this annexation. Scott Miller, capital asset, verified the property is at least 1/6 contiguous with the city and there is a community of interest in this land and it is physically practicable to provide utilities. This property has not been detached from the school district property and will not extend the city boundaries by more than miles. Chris Bendon, community development department, told Council this annexation is consistent with the annexation element of the Aspen Area Community Plan. Miller verified that the city does not intend to reasonably deny access to any landowners of an easement. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Romero moved to approve Resolution #10, Series of 2011; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #1, SERIES OF 2011— Given Institute Negotiation for Landmark Designation Amy Guthrie, community development department, told Council P &Z and HPC met jointly twice to review the plan which is to divide the property into 4 lots, one of which will contain the Given Institute and the city will have the opportunity to find a non - profit buyer to purchase the property for $3.75 million. The other 3 lots will be for residential development. Ms. Guthrie said the first site plan reviewed by HPC and P &Z showed removal of a substantial amount of trees. The Commissions reviewed proposed floor areas and exceptions requested from the Hallam Lake bluff. The Commissions did not favor the plans and asked for a restudy, which was presented to the Commissions last week. Ms. Guthrie noted the house size was reduced, there were accommodations made to the Hallam Lake bluff and preservation of more trees, except for one heritage tree in the center of lot 2. At that meeting, another plan change was submitted and the applicant proposes to save the tree in REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 the middle of lot 2 so that all heritage trees on the lots will be preserved. Ms. Guthrie said the Commissions voted 10 to 0 not to recommend approval of the plan to Council; one concern was the amount of incentives being requested, the cost of the Given Institute and whether it would be retained as a community asset. Ms. Guthrie told Council the initial plan was $3.75 million and mitigation fees of $2 million. The mitigation fees were reduced by the reduction of tree removal and smaller houses. Ms. Guthrie said the applicants have discussed the idea of the public purchasing lot 2. One of the reasons the Commissions did not support the plan as presented was that although the heritage tree was proposed to be preserved, it may not be successful. Ms. Guthrie said the purchase price for lot 2 is $5.5 million. Council discussion item is purchase of the Given for $3.75 million plus $900,000 in mitigation fees, total $4.65; public purchase of lot 2 for $5.5, total $10,170,000 and development of two 5300 square feet houses. Ms. Guthrie pointed out HPC's purview is to recommend how significant the property is and what action Council should take. HPC voted 6 to 0 to ask Council continue to try and negotiate with the applicant. Ms. Guthrie said the property has significance for the town and is representative of the Aspen Idea; it was built in 1972 as a meeting place for scientists. Important meetings have taken place and the community has benefitted from the facility. This was built with funds from the Given foundation; Elizabeth Paepcke donated the property. Ms. Guthrie said designation criteria are met. Ms. Guthrie told Council the Hallam Lake bluff review requires a 15' setback from the top of the slope into the building envelope. This plan respects the top of slope; there is question whether the review area wraps around the side of the site. Ms. Guthrie noted the Commissions are afraid the site will be ruined in the attempts to preserve it. Mayor Ireland asked if any of the houses on Lake Avenue are visible from Hallam Lake. Ms. Guthrie said they all are; however, the aim of the Hallam Lake ESA is to minimize impacts. Chris Bendon, community development, told Council the ESA requires a 15' setback from the top of the slope and a progressive height limit from the top of the slope at a 45 degree angle. Mayor Ireland asked the maximum height of buildings allowable under zoning. Bendon said they could be 25', measured to the midpoint. Mayor Ireland asked how wide the road would be using the Gillespie street right -of -way. Ms. Guthrie said it would be 16'. Mayor Ireland asked for staff comments on the effects of development on the largest heritage trees. Stephen Ellsperman, parks department, told Council this site has a number of trees characterized as heritage trees by the parks department. The tree on lot 2 was planted over 100 years ago and sets the tone for that portion of the bluff. Ellsperman said development near the drip line will probably affect the tree; staff can provide a development strategy upon examination after the snow melts. The most recent plan preserves all 21 heritage trees. Mayor Ireland asked if the gardens surrounding the Given will be impacted. Ms. Guthrie said the proposed road will impact these gardens. Mayor Ireland asked if proposed development on lots 3 and 4 will eliminate trees. Ms. Guthrie told Council there are trees on site under code size REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 or not identified as top priority by the parks department that will be eliminated. The applicant proposes to mitigate any trees on site according to the city's requirement. Ellsperman told Council staff did an analysis of the site and identified heritage and valuable trees and in the current proposal, all those trees are preserved. Ms. Guthrie told Council the Given site has been nominated for Colorado's most endangered places list and there is a nomination for the national Register of Historic Places on hold. Mayor Ireland asked the allowable FAR on lots 3 and 4 if lots 1 and 2 were preserved and not built on. Bendon said the zoning code would allow 4,000 square feet per lot; however, there are steep slopes on the property and former rights -of -way that would reduce the allowable square footage. The applicant's proposal is for 5300 square feet per lot, increased by the use of TDRs. Mitch Haas, representing the applicants, told Council the applicants have received feedback from the start of this process and have repeatedly revised the proposal and have made significant changes to address these concerns. Haas said the proposal is to preserve the Given building, to maintain its use as a non - profit facility and to preserve the grounds around the Given. Haas said the applicants have made every effort to address staff and community concerns including preserving all 21 heritage trees on the property, exceeding the requirements of the Hallam Lake bluff review and creating a feasible development plan. Haas said the owner of the property, University of Colorado, could legally demolish the Given and develop the property. Haas said the applicants have worked under Ordinance #48 to achieve an acceptable and achievable balance of community goals and values. Haas noted Elizabeth Paepcke's sale of this property came with no restrictions; there were covenants on construction, which expired in the 1990's. Haas noted in exchange for voluntary designation of the Given Institute, the applicant is seeking some benefits. The first is a lease /purchase option for lot 1, the Given Institute building. The applicants are offering a lease /purchase option for lot 2. The applicants are asking for subdivision approval of a 2.25 acre parcel into 4 lots averaging more than '/2 acre each where zoning requires only 6,000 square feet/lot. The applicants are asking for base allowable FAR for each lot to be specified on a subdivision plat, and the issuance of 3 TDRs for each lot to be landed on the lot or to be sold. Haas told Council the applicants set the allowable duplex FAR for each lot after all reductions as the allowable FAR for each lot with the potential to add TDRs. Lot 2 has a base allowable FAR of 4,582 square feet; lot 3 base allowable 4,595 square feet; lot 4 base allowable 4,530 square feet; all lots with potential to add 3 TDRs. Haas told Council the applicants are requesting exemption from some limited design review standards. The applicants ask to plat building envelopes to provide a minimum setback of 15 to 22.5' from the top of slope of Hallam Lake bluff and that lots 2 and 3 will be reviewed under the Hallam Lake bluff standards. The easterly boundaries of lots 3 and 4 will not be subject to Hallam Lake bluff review. Haas told Council there has been discussion on whether this area is subject to Hallam Lake bluff review and pointed out the ESA area on the zoning district map and REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 the southerly boundary of the ESA is the centerline of west Francis street. The proposal exceeds the requirements of the Hallam Lake bluff review on lot 3 by a setback of 22.5', more than is required. Haas noted the applicants have deleted the request for relief of tree removal mitigation requirement and are preserving all 21 heritage trees and any other trees that may be removed will be mitigated for on site. The applicants request a 10 year vested rights period. Haas told Council this subdivision request is for subdivision of less than 25% of the zone density with only 4 lots at almost 4 times the required lot area. Haas reiterated with the lease /purchase options, only two lots would be developed. Haas pointed out the applicants started with a proposed FAR of 5,750 square feet per lot. The staff stated the allowable base duplex FAR/lot would be as outlined above and that FAR bonus of 918, 905 and 970 square feet for lots 2, 3, and 4 were being requested. Haas told Council the applicants revised the proposal to start with R -6 zoning duplex allowable FAR on each lot as the allowable base FAR and requested the ability for a total of 9 TDRS if there are 3 lots if the option for lot 2 is not exercised. Haas said the only residential design standards that would be applicable relate to fences, building form and parking garage and carports. The other standards do not apply because the lots are greater than 15,000 square feet and/or they are not on a public street. Haas pointed out any development on these lots will not be visible from the streets and staff agrees the requested exemption will not be detrimental to the purpose of the standards. Haas told Council the most significant changes in this proposal are in the building envelope, the Hallam Lake bluff review and the tree plan. Haas said the proposed building envelopes provide minimum setbacks. On lot 2, if the purchase option is not exercised, the setback will be as proposed which is 15' off the top of slope, as required under code and will be reviewed under the code. There may be restrictions on subgrade development because of the trees on site, which is okay with the applicant. Haas pointed out the portion of lot 3 subject to the Hallam Lake bluff and the applicants propose a 22.5' setback off the top of slope, which is 33% greater than code requirement. The applicants propose a restriction of a no development /no disturbance zone with a construction fence around the building lot. The exceptions to that are the removal of the building on that lot and the maintenance of the path along the bottom of the property serving ACES. Haas said the applicants agree to conduct a hydrological study before any development is done to insure there is no adverse affect on the hydrology of the ACES property. Haas reiterated the applicants worked hard to insure preservation of all 21 heritage trees, including changing access. Haas said this current proposal qualifies as a conservation development approach by preserving all the trees, provides a more than required setback on the bluff, follows the code required procedures in an ESA, designates a no disturbance /no development zone, commits to a hydrologic report. The proposal takes the constraints on property, avoids them and uses what the property that is left. Haas told Council the applicants are looking for a mutually agreeable proposal without resorting to taking the Given off the list. REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 Councilman Torre asked if staff has comment on the Garmisch right -of -way as access to the property. Ms. Guthrie said it is publicly owned. The fire marshal has reviewed this and asked for more information and has not ruled out that it could be used. Councilman Torre said he does not support 10 year vesting; the community has a right to know what development is coming and when it is coming. Councilman Torre said he also does not support that 3 TDRs that can land or be removed from each parcel. Councilman Torre said he would support a larger FAR and not have TDRs which add development to some other neighborhood. Councilman Romero asked the purchase price for lots 1 and 2. Bart Johnson, representing the applications, said the base price if $3.75 million with a 1 year option for lot 1. The price would be increased to reimburse the developer for the impact fees on the free market lots. The fees are about $925,000. Johnson said the purchase price for lot 2 is $5.5 million with the same 1 year option. Johnson told Council the applicant arrived at this price by the land cost value and infrastructure costs that are not diminished by having 1 less lot and 1 year of carrying costs until the end project is known. Councilman Romero asked if the applicants have discussed with ACES that the eastern portion of the site is not subject to the Hallam Lake ESA. Johnson said the applicants have not discussed this with ACES; however, they are aware that ACES disagrees with this position. Haas told Council the zoning map shows the ESA line and the description states West Francis street. Councilman Romero asked if the applicants have thought about conservation easements. Johnson said they have not looked a donation or conservation easements as part of lot 2 in order to lower the purchase price. Councilman Johnson asked what happens if the hydrology studies show there will be an adverse impact on Hallam Lake. Haas said either mitigation would be found or there will be no building permit issued. Haas pointed out on a property this size divided into 6,000 square foot lots, the property could accommodate 16 lots. Councilman Johnson said while 2 or 3 residences are below allowed density, with the constraints on site it seems dense for this site. Councilman Johnson asked why the applicants chose lot 2 to offer for public purchase. Haas said that is what most of the public comments were about, there are significant trees on lot 2 as well as some of the gardens. Councilman Johnson asked what would happen to the heritage trees if these negotiations are not successful. Bendon said tree removal permits with mitigation can be issued; however, a tree removal permit for heritage tree would be denied, which denial can be appealed to the city manager and then to the Council. Councilman Torre reiterated the TDRs are too generous and would be a way of covering soft costs for the development. Councilman Torre said he would prefer to give more size to the lot area developments. Councilman Torre said 500 square feet more development in other neighborhoods is impactful. Councilman Skadron asked what variances are being requested that increase the property's development rights beyond what would be allowed by code. Ms. Guthrie said some FAR increases are requested, which is the only increase in development rights. Ms REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 Guthrie said there may be some flexibility in the definition of building envelopes. The TDRs would increase the development rights. Councilman Skadron asked if staff agrees with the applicant about the eastern bank not being affected by the Hallam lake ESA. Bendon said he would prefer Council treat the eastern bluff as part of the ESA from which the applicant is requesting a variance. Bendon said staff will have to look at the text and the records to look at the intent behind the ESA legislation. Bendon said West Francis may be a terminus and not a geographic boundary. Bendon noted this is an interpretation of the land use code, which he has not done, and there are rights of appeal on interpretations. Haas told Council they relied on the zoning map and the language in the code and did not look at the minutes or history. Haas reiterated the eastern boundary as described as a line that runs north and south. Councilman Skadron asked the value of the fee waivers. Johnson said if lot 2 is not developed, these would be about $925,000. If lot 2 is developed, the fee waivers would be about $1.25 million. Councilman Skadron asked the status of this development should the applicant and CU not reach an agreement, what could be developed in that case. Ms. Guthrie said CU has applied for a demolition permit, which they can exercise. CU could also come back with another applicant and continue to negotiation. An applicant, without preservation, could build a single family or duplex on site in the 6,000 or 7,000 square foot range; that would be without a landuse review. Johnson told Council the price for public purchase of lot 2 includes the opportunity costs the developers are foregoing by not having 3 free market lots and also that the infrastructure costs are the same with 2 lots or 3 lots. Johnson said the original application contemplated 5500 square foot houses on each lot with the right to use one TDR and this proposal is for houses in the 4500 square foot range with three 250 square foot TDRs. Mayor Ireland said he would like the applicant to look at the tax advantages and conservation for the sale /donation of lot 2. Mayor Ireland agreed the use of Francis street as the end of the ESA does not make any sense. Mayor Ireland opened the public hearing. Tom Cardamon, ACES, said his group and the applicants do have a difference of opinion about the Hallam Lake bluff. Cardamone said of the 22 neighbors on the bluff, 10 of them do not overlook Hallam Lake and are further to the north. Cardamone said his interpretation of the Hallam Lake bluff is that it draws a box within which the bluff occurs. Cardamone told Council the city engineering department interpreted the bluff to include the eastern bluff. Cardamone noted the largest narrow leaf cottonwood tree in the state of Colorado is on the ACES property, which is one reason to be concerned about the top of slope and about hydrology. Cardamone said there is historic value in the trees and the grounds of the Given as much as in the building. Cardamone said there are another 30 trees that are proposed to be removed and these trees will REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 be the heritage trees of the future. Cardamone said this is an iconic property in the city and is worthy of use that has a public element. Aim Mullins said the option of buying the Given within one year is limiting with the current state of the economy. Ms. Mullins said the interior of the Given is worth preserving too, rather than see it become a private residence. Ms. Mullins noted there is a Victorian on this site that has not been discussed. The TDRs were created to relieve pressure on historic resources, to land square footage where it would not have a negative impact and 3 TDRs /lot would created pressure on the Given. Ms. Mullins said she feels the plan will damage the trees on site and will damage Hallam Lake. Bill Stirling said the question is, is the Given property worth saving and if the answer for Council is yes, they have to work with the applicant to make that possible. Stirling stated the Given is worth saving because it has an incredible urban forest; it is an important post modern building in Aspen. Stirling said for 40 years the Given has been used for medical conferences and other community gatherings. It is a focus and important aspect of community life. Stirling said protecting the top of slope and the riparian zone is critical as well as protection of the water. Stirling said it is important to preserve both lots 1 and 2. David Smith, Garfield & Hecht representing the Lewis family, said rather than using Ordinance #48 for its purpose, to determine a negotiated price for voluntary designation, the city is trying to justify the purchase price. Smith said the amount of concession necessary to achieve the purchase price and the deviations from the code, seems like avoiding the code. Smith said starting with a duplex floor area for single family home plus the TDRs is outside the code and allowing duplexes on the site would mean there would be 6 dwelling units plus the Given on this site. Ignoring the vacated rights -of -way, automatic GMQS approvals, and exemptions from design standards, repayment of impact fees are all deviations from the code and justifies the payment prices which belies the purpose of Ordinance #48. Ziska Childs told Council she established a facebook page for Save the Given. Ms. Childs said Mrs. Paepcke felt the grounds and the garden integral to the Given and the two should not be separated. Ms. Childs said there is a lava rock patio on the site which should be saved; there is a road proposed to go through it. Howie Mallory noted directly south of the Given institute is a parking lot and the Red Brick. The Given has been a building inside a fence. Council should look at the Given to interact with the Red Brick and the two buildings could have a dynamic, educational future. Mike Maple reiterated the issue is whether the Given is worth saving. Maple said he does not think the community is enamored with saving the Given and Council needs to decide what saving the Given is worth and what incentives should be offered. Maple said many of the incentives suggested by the applicant are reasonable. Maple stated he does not support granting the TDRs and transferring development impact to other neighborhoods. Maple said this site is an REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 appropriate landing site for TDRs; the houses will not be seen by the public. Maple said the waiver of city fees is not appropriate as valid city programs should not pay for the preservation of the Given. Maple said this is a building of questionable value and the city should not end up owning it and spending tax dollars for its upkeep. Mayor Ireland closed the public hearing. Councilman Romero said he is not interested in providing so many variances, waivers and offsets to make the proposal work. Councilman Romero said CU has tried and has exercised patience; however, if a deal can't be struck, it cannot. Councilman Romero said he would consider more development on lots 3 and 4 to keep it off lots 1 and 2. Councilman Romero said the ESA boundary to the easterly boundary of the slope is essential. Councilman Romero said sticking to the land use code and not asking for waivers includes not asking for the duplex threshold for a single family envelope. Councilman Romero said he would like the option to purchase extended beyond 1 year and there could be incentives given to the applicant if there is success in this ending up in non - profit ownership. Councilman Skadron thanked the applicant for being willing to negotiate and for HPC and P &Z for their consideration of this project and staff for their work. Councilman Skadron said the amount of concessions to validate the purchase price is too great. Councilman Skadron said Council should speak to the Aspen Idea, which for him means less building, smaller footprints, and preservation of the landscape. Councilman Skadron said the cost of the Given and lot 1 is excessive; the 1 year purchase option relative to the 10 year vesting request is out of balance; the amount of concessions to validate the purchase price is too large. Councilman Johnson stated he does not support the city owning or subsidizing this project. Councilman Johnson agreed a 1 year option is not enough time to have a non - profit or group purchase this property. Councilman Johnson said he has not heard the community speaking up to purchase this. Councilman Torre stated he does not agree with the applicant's assessment of the ESA on the eastern bluff and to him it appears the eastern bluff is included in the ESA. Councilman Torre said he does not support 10 year vesting or the TDR program as proposed. Councilman Torre said he would like to see a larger setback between lots 1 and 4 rather than a 5' setback from the Given. Councilman Torre stated the Given is worth saving; however, this price is too high. Councilman Torre requested more clarity on the duplex versus single family residence. Mayor Ireland noted Aspen's reach always exceeds their grasp; Aspen wants preservation of a historic building, community uses, trees, protection of Hallam Lake with minimal development. This is caught in a dilemma with CU who needs money. Mayor Ireland said the concessions are TDRs, fee waivers, interpretation on the ESA boundary, and use of duplex standards for determining mass and scale. Mayor Ireland pointed out lot 2 is being offered for $5.5 million and it has a large tree in the middle of it and it may not be worth $5.5 million. Mayor Ireland REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 said he would like to see a non - profit ownership and that a buyer can have sufficient resource to make it work. Councilman Romero moved to continue Ordinance #1, Series of 2011, to February 7, 2011, at 5 PM; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE #15, SERIES OF 2010 — Aspen Energy Center Castle Creek Hydroplant Sara Adams, community development department, presented 4 exhibits; exhibit R is the website to date; exhibit S is a map of the existing ditches; exhibit T a press release of November 19` exhibit U a letter submitted to Council from the independent review group in December 2010. Ms. Adams requested Council continue this meeting to February 28 with a possible follow up in March. Tim McFlynn told Council step 1 of the independent review which started October 28 ended last week. Step 2 of the process, community mediation, is scheduled for February 9` McFlynn reminded Council in September, he and Ruthie Brown appeared before Council and offered to convene the two step process. McFlynn said the review process was an attempt to have the assumptions and analysis and the consultant reports reviewed by independent people with the same fields of expertise of those hired by the city who did the studies. McFlynn said the Pitkin County Healthy Rivers and Streams board indicated they wanted to participate and appropriated money to search for independent experts; four of which were identified and selected and the BOCC appropriated $50,000 for the independent review step 1. McFlynn said there was a site visit with the independent review's experts. This process is to give citizens the opportunity to hear reports from independent experts. McFlynn said the public comment period for the FERC license was over last Friday; there were about 60 comments including those from the Healthy Rivers and Streams. McFlynn told Council the second step, community mediation, will start with orientation February 8 at the Aspen Meadows and will continue all day February 9` McFlynn said everyone is working hard to make the February 9th session as productive as possible. McFlynn said there are ways for the public to participate if they are not directly involved in the February 9 session. One is that every document requested from the city has been supplied and is on display at the Pitkin County library. There is a website maintained by the city with historic and recent information. Western Resource Institute has a website. McFlynn told Council the mediator will accept any public comments up to February 9` The participants at the February 8 and 9 sessions have agreed to a confidentiality covenant regarding who said what in this session.; have agreed to attend the February 8 orientation session; to submit in writing in REGULAR MEETING ASPEN CITY COUNCIL JANUARY 24, 2011 confidence to the mediator their priorities and issues. The objective of this process is to find a path that works for all the participants. Mayor Ireland continued Ordinance #15, 2010 and the public hearing to February 28, 2011; seconded by Councilman Torre. All in favor, motion carried. Councilman Johnson moved to adjourn at 8:20 PM; seconded by Councilman Torre. All in favor, motion carried. Kathryn S. Koch, City Clerk