HomeMy WebLinkAboutminutes.council.20190225Regular Meeting Aspen City Council February 25, 2019
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BLACK DIAMOND AWARD ..................................................................................................................... 2
CITIZEN COMMENTS ............................................................................................................................... 2
CITY COUNCIL COMMENTS ................................................................................................................... 3
CITY MANAGER COMMENTS ................................................................................................................ 3
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #23, Series of 2019 –Contract for Rubey Park Security Services ...................................... 4
Resolution #6, Series of 2019 – Mobile License Plate Recognition Systems ....................................... 4
Resolution #27, Series of 2019 – Parks Fleet: Cat 962 Wheel Loader Contract .................................. 4
Resolution #26, Series of 2019 –USGS Contract for Roaring Fork River Gage .................................. 4
Resolution #28, Series of 2019 –312 W Hyman Avenue – Real Estate Purchase ................................ 4
Minutes – February 11, 2019 ............................................................................................................... 4
RESOLUTION #13, SERIES OF 2019 – Policy Resolution on Wireless Regulations ................................ 4
ORDINANCE #5, SERIES OF 2019 – Wireless Regulations Code Amendment........................................ 5
RESOLUTION #12, SERIES OF 2019 – 330 E. Main St – Hotel Jerome – Temporary Use ...................... 5
RESOLUTION #11, SERIES OF 2019 – Base 1 Lodge Extension of Vested Rights.................................. 6
Regular Meeting Aspen City Council February 25, 2019
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Myrin,
Hauenstein, and Frisch present.
BLACK DIAMOND AWARD
This is for the overhaul of the Lewis ice arena that took place last year. Not only was it significantly
ahead of schedule but well under budget. Mayor Skadron recognized Patrick, Jose, James, Anthony and
Oscar.
Cory Vanderveen, department head, said he has been around a lot of maintenance teams. These guys are
one of a kind. Really exceptional. I appreciate all that you do for our department. I can’t say enough
great things about these employees.
CITIZEN COMMENTS
1. Tom Yoder, Kemo Sabe, said he wants to help make Aspen better. Specifically talking about
retail and romancing some of our flag ship buildings. Kemo Sabe is passionately devoted to
delivering that service to our guest. We strive to create a shopping experience with charm and
character. We would like to take one parking spot in front of our store. Kate said we got
signatures from everyone on our street and one person was not on board. Kate submitted photos.
Tom said Aspen is different from any place else. We want to take one parking space where we
can show off our building and turn it into a hitching post. We have such a fascinating history.
When we have our horses in town people are so enamored. Councilman Hauenstein said the first
9 years I was in town I was in retail. I think it is an attitude. I commend you. If you enjoy what
you are doing it is infectious. I was at CCLC when they presented. I think it is worth a look.
Councilwoman Mullins said I support looking in to it. Councilman Myrin asked how does the
fossil fuel parking work. Mitch Osur, parking, said NEVs are free but electric and hybrid are not.
Tom and I have been working on this for a while. I don’t think price is an issue. The big
discussion is are we prepared to give up a parking space in the core. Councilman Myrin said I
can get on board. Councilman Frisch said it is easy to see why Kemo Sabe has been so successful
with your enthusiasm. I think we should explore this at a higher level that we have the downtown
experience we want. I think we need to look at the bigger picture. They won’t be the only store
that will come in wanting to utilize the downtown space. I am open to the discussion and think it
is worth exploring. Mayor Skadron said I think this should be a business to business conversation
not where the government is taking away space. I think the appropriate next step is to appear
before the chamber board. Once there is general buy in we can refine the idea as to how it might
work with designating 4 to 6 spots around the community. It can be explored by CCLC.
Councilman Frisch said I think long term success comes with buy in from the business
community. Mayor Skadron said next steps are to get in front of the chamber. If they support it
we will send it back to CCLC as to what a policy might look like.
2. Tim Anderson said he thinks the Lift One vote was a rush to the election. This is a horrible time
of year to have an election. He thinks Gorsuch is too tall and doesn’t fit the area. He thinks it
would fit better without Gorsuch. It should have been several votes. The whole thing has not
been thought out. He is disappointed with council. Nothing we can do now but vote.
Councilman Hauenstein said this was not rushed through. There were over 5 public hearings.
Gorsuch is no where near as tall as Lift One Lodge. The voters decided they wanted to have an
election in March. I’m offended when people say we rushed this through. We have given it a lot
of time.
3. Lee Mulcahy said he will be leaving for Kenya soon and taking used laptops. He asked again for
a public hearing. Mayor Skadron said council’s belief is consistent with the public process. We
believe you have been provided due process. This is a judicial matter and you are attempting to
make it a political matter.
4. Toni Kronberg said the election is March 5th. Pitkin county has started the process for the airport.
It is important the city becomes involved.
Regular Meeting Aspen City Council February 25, 2019
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CITY COUNCIL COMMENTS
Councilman Frisch said the Aspen boys high school team won the state championship 2 years in a row
and the girls came in 2nd. Congrats.
Councilman Myrin said thanks for the comments tonight. The Downtowner in December was changed
from a fossil fuel free vehicle to a idling van. John Kruger, transportation, said the Gem vehicles in
December had some electrical problems. They came back then had the same problems. They should be
back on line shortly. We wanted to have enough vehicles to meet the demand. We expect to get the Gem
vehicles back shortly. Councilman Myrin said it is hard to believe our contract does not require a similar
replacement vehicle. Mr. Kruger replied there are no similar vehicles. This is the only way to meet the
demand. At some point we may need to talk about switching vehicles. We had to do something to
provide the service. Councilwoman Mullins asked how many are out of service. Mr. Kruger replied 2 of
5. Councilman Frisch said this is a Florida company that we brought to Aspen. There is no doubt there is
huge success, but I think we need to have a discussion. If it is a change of vehicles I think it needs to be a
broader discussion. Councilman Myrin said he is not happy about the fossil fuel vehicles out there.
Councilman Hauenstein said if there are any laptops anyone wants to contribute to Lee’s project I would
be happy to scrub them. I’m wearing my lobster claw belt buckle in memory of my father in law’s
passing.
Councilwoman Mullins said vote. Election day is March 5th. If you haven’t got your ballot get ahold of
Nicole in city hall. Everyone be nice to postal carriers. They are so short staffed everyone is working
double shifts.
Mayor Skadron gave a big thank you to the team at the Wheeler for the laugh festival. It was really fun
CITY MANAGER COMMENTS
Jessica Garrow, community development, said Stephen Kanipe will be retiring this Friday as chief
building official. One of the great joys of my job has been working with him. He began the REMP
program, led the way of building code development at a national and international level. We are really
excited to welcome Mike Metheny as the new CBO. We will have an open house this Thursday 3:30-
5:30 in the police community room.
BOARD REPORTS
Councilman Frisch said Nordic is putting making snow on hold. There are 60 Kilometers of free Nordic
trails.
Mayor Skadron said RFTA approved the supplemental budget. It included money for 8 electric busses.
Significant maintenance savings over traditional fossil fuel busses.
CONSENT CALENDAR
Reso 6 - license plate system
Councilman Hauenstein said on the 11th we had an item for 2 GO-4’s at 66,000 dollars, now we are
purchasing 2 systems at 91,000. they are 5 year replacements, how do they affect the bottom line. Mr.
Osur said we have been using this technology for 15 years. We manage over 100,000 permits through the
system. We produce 700,000 tickets in 1 year. Over 3 million in revenue is produced that could not be
done walking around.
Reso #28 - real estate purchase
Regular Meeting Aspen City Council February 25, 2019
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Councilman Hauenstein said it is a 120 day due diligence period. When we purchased this we decreased
the value by having it listed as historic. I think it was a bad investment. We are doing the best we can to
liquidate it. Mayor Skadron said it was purchased on March 12, 2007. It was a policy of a previous
council to protect historic assets. Scott Miller, asset, said it was purchased as an asset for affordable
housing. Perhaps it was bad coordination between the housing fund and comdev on the historic side.
Maybe there was a better way to vet that out before we bought the property.
Councilman Frisch said there was a comment made that it was a break even. In 2007 now it would equate
to 4.2 or 4.3 million. I know we are trying to get this off the books and move on. I want to make sure the
city understands the cost of money. It is 800,000 higher.
Councilman Myrin said I don’t support using the housing fund for historic designation. Council owes it
to the housing fund to restore it from a place that is not counting against housing. We have the power to
remove the designation. I’m not happy about where this is. We could decline the contract, remove the
designation and put it back on the market. If our policy is we want it designated we should discuss where
the 800,000 is coming from. Councilman Hauenstein said I agree with you on the idea of revisiting the
designation. I feel some sort of commitment to the contract. If this falls through I would certainly
entertain all the ramifications of delisting and what to do with the property. I feel some moral
commitment to this contract. Councilman Myrin said we haven’t signed the acceptance. Jim True, city
attorney, said the contract was signed by the city manager. However, it clearly has a provision that says if
council does not approve the contract by March 1st it is terminated. Councilman Frisch said I gave some
direction in executive session that we should keep the designation and move forward. I’m happy to have
the discussion about rebalancing the funds. Councilman Hauenstein said I had the sense from council
there were not three votes to rescind the designation for this property. Councilwoman Mullins said I
support going forward with the contract. If it falls through we can discuss some of the points brought
forward. Mayor Skadron asked what are the implications of removing the designation. Mr. Miller said I
think the intention is to move it forward and try to fit 4 units in the back. Ms. Garrow said if the
designation is removed they can tear the house down and go through a regular building permit process.
With it in place it is required to go through a public hearing for changes. There are a number of very
large and important trees on the property that are part of the constraints. Councilman Myrin said I think it
should be in the budget for the fall to have the money go back to the housing fund.
• Resolution #23, Series of 2019 –Contract for Rubey Park Security Services
• Resolution #6, Series of 2019 – Mobile License Plate Recognition Systems
• Resolution #27, Series of 2019 – Parks Fleet: Cat 962 Wheel Loader Contract
• Resolution #26, Series of 2019 –USGS Contract for Roaring Fork River Gage
• Resolution #28, Series of 2019 –312 W Hyman Avenue – Real Estate Purchase
• Minutes – February 11, 2019
Councilman Hauenstein moved to adopt the consent calendar; seconded by Councilwoman Mullins. All
in favor, motion carried.
RESOLUTION #13, SERIES OF 2019 – Policy Resolution on Wireless Regulations
Ms. Garrow said this is the policy resolution public hearing. If it passes, we’ll move in to first reading.
This is related to wireless regulations. Our codes are out of date given to changes at the federal and state
level. We have new FCC requirements we have to comply with. Our code must respond to requirements
but maintain our small mountain character. We have done outreach with P&Z and HPC. We can’t
outlaw facilities in zone districts or properties.
Councilwoman Mullins said she didn’t see the request to see infrastructure co located. Ms. Garrow said
having these co located is the preference. You will see it in the code language. This is formal direction to
amend the land use code.
Regular Meeting Aspen City Council February 25, 2019
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Councilman Myrin asked is there a way to have a distance requirement from a bedroom. Ms. Garrow said
there is not that specificity from bedrooms. We have included setbacks from facilities. We are also doing
our best to say there need to be regular setbacks to treat it like mechanical equipment. Councilman
Hauenstein said Bert’s comments boarder to me on emissions. It opens a grey area in my mind. Andrea
Bryan, assistant city attorney, said that is something we are aware of. We tried to include regulations that
address those concerns. The federal regulations prohibit us from regulating based on health concerns.
Councilman Hauenstein said this is the second step. Did you have any response to community outreach.
Ms. Garrow said because this is a requirement driven by changes to state and federal law, we focused on
the wireless providers to make sure they have an opportunity to comment. We had detailed conversations
with P&Z and HPC and conversations with the papers. We had some individuals specifically reach out to
us. There will be a second phase related to design guidelines with broader community outreach.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Resolution #13, Series of 2019; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE #5, SERIES OF 2019 – Wireless Regulations Code Amendment
Ms. Garrow asked if there were specific questions for March 11th. Ms. Bryan said we received comments
from one provider on Friday.
Councilman Frisch said there seems to be a different discussion on health issues in different communities.
We could use some better understanding as to why 5 G is causing more conversation regarding health
than other technology.
Councilman Hauenstein moved to read Ordinance #5, Series of 2019; seconded by Councilwoman
Mullins. All in favor, motion carried.
ORDINANCE NO. 5
(SERIES OF 2019)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CITY OF ASPEN LAND USE
CODE RELATED TO WIRELESS REGULATIONS.
Councilwoman Mullins moved to adopt Ordinance #5, Series of 2019 on first reading; seconded by
Councilman Hauenstein. Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Hauenstein, yes;
Mullins, yes; Mayor Skadron, yes. Motion carried.
RESOLUTION #12, SERIES OF 2019 – 330 E. Main St – Hotel Jerome – Temporary Use
Councilman Myrin said he lives near the Jerome so he recused himself.
Garrett Larimar, community development, said this is a temporary use request continued from January 28.
The request is for an ice lounge. In 2017 the applicant applied for temporary use approval for special
event structures and an ice lounge. They were granted annual occurrences for the tents but not for the ice
lounge. They would like to continue with the lounge. It is 144 square feet on the Mill Street terrace.
They are requesting 106 days for the lounge. It is 180 days total for the property per year. It will be for 5
annual recurrences with staff review. It is consistent with what you would expect to find at a lodge. Staff
recommending approval with a 3 year extension so it coincides with the previous request.
Sunny Vann, representing the applicant, said we are happy with the resolution.
Councilwoman Mullins asked how often and when is it used. Mr. Larimar said we received comments
about the lighting. Tony Delucia, representing the hotel, said it is used nightly.
Regular Meeting Aspen City Council February 25, 2019
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Councilman Hauenstein said is it for 3 years to be administratively approved. Mr. Larimar replied
correct.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Resolution #12, Series of 2109; seconded by Councilman
Hauenstein. All in favor, motion carried.
RESOLUTION #11, SERIES OF 2019 – Base 1 Lodge Extension of Vested Rights
Mike Kraemer, community development, talked about the existing conditions of the Buckhorn lodge
building. It was constructed in 1960s and is a mixed use building. There are three lodge units on the 2nd
floor. The other units are commercial units. In 2015 it received conceptual approval for a mixed use
lodge with 42 units. Variances granted included height, affordable housing mitigation and parking. The
PD included submission deadlines that were not met, and the approval was deemed void. In 2016 council
reinstatement was approved but removed all zoning variances. In 2016 the project received final approval
with 42 units approximately 200 square feet each. It is compliant with all commercial lode zoning
requirements. It included onsite parking. It is vested until July 2019. This is a formal request with an
addendum. They are requesting an extension for 18 months. Since the approval there was a moratorium.
It would not fundamentally change the approved project. The Base 1 project remains compliant with
Commercial Lodge zoning. FTE mitigation increases from 1.97 to 2.44 FTE’s. The micro lodge concept
would diversify the lodging base in Aspen. It is a stated goal of the AACP. The applicant would like to
change the use. This is just a discussion. There is not a live application in with community development.
They would like feedback for a change in use to 22 affordable housing units. There would be a range of
unit size, smaller than the minimum APCHA requirements. They are suggesting offsite parking, Benedict
Commons and the Rio Grande garage. There are spaces in the Benedict Commons building that the City
of Aspen owns. They are currently leased today. A change of use to a PD is considered a major
amendment to a site specific development plan. Affordable housing is an allowed use in the CL zone.
There is a process for reviewing substandard size affordable housing units. Off site parking is
problematic. Staff recommendation is should council want to extend the vested rights for the lodge
project we would recommend a 12 month extension. There is a second resolution if council were to
consider a change in use the extension be for 6 months. The 6 month extension is predicated on
submission of an amended application. Once the application is submitted there is a 6 month automatic
extension. Offsite parking at Benedict Commons or Rio Grande will not be considered.
Councilman Hauenstein asked how many parking spaced does the city own at Benedict. What are they
leased out for. What other subgrade parking does the city own. Mr. Osur said the city has a 99 year
lease. There are 31 parking spaces in Benedict Commons. 6 are leased to Draco, 5 to 7th and Main, 5 to
Bell Mountain a year at a time. 15 open spaces are leased to individuals. 20 spaces in the garage would
be available. My concern is we would take the 20 cars and put them on the street. The Rio Grande is
filled every day in February. They lease for 200 dollars a month.
Councilman Frisch said there are 3 buckets of uses, affordable housing, Affordable lodging or
commercial. What is available by right. Mr. Kraemer said the 3 different uses, lodge is approved. They
pitched a change in use to affordable housing. It would be commercial net leasable on the 1st floor with
affordable housing on the 2nd and 3rd floors. A financial institution is a permitted use in the CL.
Councilman Frisch asked about the bulk and mass. Mr. Kraemer said different uses have different ratios.
Ms. Garrow said within the zone there are different floor areas for different uses. Basement and ground is
where there can be any type of commercial. 1 to 1, 6,700 square feet. For lodge it is 2 to 1. Affordable
housing allowed floor area is .25 to 1. This property has a PD on it. It is reviewed by council.
Councilman Myrin asked would the process be different if this was built. Ms. Garrow replied it is the
same. The applicant is requesting an amendment during vesting. It is to change what is happening on the
inside versus on the outside. One of the main differences is related to the subgrade areas.
Applicant
Chris Bendon and Mark Hunt
Regular Meeting Aspen City Council February 25, 2019
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Chris Bendon, representing the applicant said these are small rooms averaging 200 square feet. The intent
is a nicely appointed room but to not stay in the room. The lowest level is where the parking exists. Valet
service with tandem double parking. The guest amenity level is the basement. Bar, library and amenity
space. The main floor is commercial space, restaurant and retail service. The second floor is 20 lodge
units. The 3rd floor is 18 units. There is a rooftop deck amenity with public access. The issue we have is
the project has been designed and approved and ready to submit for building permit. The costing came
back and the hole to cut for the amenity and parking level is 35 feet deep. The underground costs more
than everything above ground. We are exploring other things we can do with the property. We had a
quick study of converting the upper levels to housing. We can get 22 units. 4-2 bedrooms, 4-1 bedroom
and 14 studios. They are below the APCHA standard sizes. We have 3 directions we can go. The first is
to pursue Base lodge close to how it was approved. We need to address the depth of the cut to address the
cost. We would need to sacrifice the amenity level or the parking level. The first iteration of this project
had offsite parking. The other way would be to sacrifice the amenity level. The affordable housing
option would replace 2 levels of lodging with 2 levels of housing. The top floor would exist to some
level. Ground floor commercial would remain. There may be basement commercial. The last option
would be commercial. We are not interested in going through a major amendment. How do we preserve
the investment. We have a fascination around the lodging use while making productive use of the
property. We look at the Benedict Commons parking as a housing asset. How is it being optimized for
the benefit of affordable housing. Mark Hunt, owner, said we’ve struggled with the parking on how to
figure it out. It is what is important to the community and in what order. Hot beds are important but what
types of hot beds. What I’m getting from my tenants is they are down 30 to 40 percent. It is a different
demographic that is coming here. The underlying zoning really incentivizes you to do a bank or a
pharmacy. As it relates to parking, it is a limited size site. All of the options will work. What do we
want as a community. I would say this type of lodging would be number one because it doesn’t’ exist.
Number 2 is affordable housing and number 3 commercial. What is most beneficial to me is the exact
opposite. Mr. Bendon said one of the subgrade levels going away or strip away the parking and leave the
amenity space. If we are interested in pursuing lodging, we would need to choose between amenity on
site or parking on site. Mr. Hunt said with a lodge there is someone there 24-7 with valet. Having
someone man a parking garage with housing doesn’t make sense. That is why we are asking to go off
site.
Mayor Skadron said if the direction leads to council supporting the lodge direction, what can we allow
without substantial amendments. Ms. Garrow said what I would recommend is lose the amenity and
parking on site you could put that in the resolutions. If the parking is moved offsite there has to be a
solution. That is the more complicated from a land use perspective. The piece that requires the public
process is the change in use from lodging to affordable housing. Mayor Skadron said when does a
request become a major change. Ms. Garrow said the code was amended a few years ago to distinguish a
major versus minor amendment. Mr. Bendon said I would layer on that council does have some latitude
in applying what is a major versus a minor amendment. Mr. True said I’m not too sure there is that much
discretion. Converting from lodge to affordable housing is a major amendment. The vested rights code
does have some discretion about modifying the subgrade levels further. I don’t know what you would say
if this was to proceed as a lodge the amenity space could be removed as part of the vested rights. The
applicant said they don’t need the extended vested rights if they proceed with the lodge. I’m trying to tie
all this together in a way that works. Mr. Bendon said we would need time, 12 months is doable. Mr.
True said you do have some leeway to add conditions. I would be careful about granting conditions as
part of the vested rights. Ms. Garrow said there is a difference in the major development section of the
code and the review process.
Councilman Hauenstein said it seems no matter what happens parking is the nut. I can understand how
you want to try to make this work. We are constantly hit with parking. To keep the lodge I can’t abandon
the parking. I like both the lodging and the housing options. I don’t know if I can support using the
Benedict parking. Mr. Bendon said we would lease the parking spaces. Mr. Kraemer said there is the
ability to reduce the parking through mobility and cash in lieu. Hunt….
Regular Meeting Aspen City Council February 25, 2019
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Councilman Hauenstein said if we give you 12 months see what you can do to make option A work with
parking on site.
Back from dinner 8:30
Councilman Myrin asked is there a way to get from here to functioning like Benedict Commons but with
commercial facing Cooper. Can we have parking for Draco and Main over to Rio Grande for these
spaces. I’m willing to put energy into making the parking work. I don’t want to go a place with the code
that allows a reduction in parking because we changed the code. Benedict Commons over parked for a
plan for more housing around it. I’m not supportive of reducing the size of the units. Councilman Frisch
said if you want to see a housing project you want them to honor the existing minimums in the APCHA
guidelines. Councilman Myrin replied yes.
Mayor Skadron opened the public comment.
1. Peter Fornell said the lodge incentive program is something I want to talk about. It allows you to
reduce affordable housing dramatically. It should be the last thing we are giving to a developer
not the first. The parking, especially under the lodge could be the first thing we give to a lodge
program. I expect it would be a lot easier to tell a visitor to not bring their car than an employee.
The reason I was turned down for my parking garage was I was told it was a traffic generator.
Don’t build parking and they won’t bring a car. Allow fewer parking spaces. Put it in the
marketing and arrival materials. Keep the hot rooms.
2. Toni Kronberg said 18 months is warranted especially if the developer comes forward with a plan
for workforce housing. How many dump trucks of dirt would have to be hauled out for the
parking. Let them analyze the options and see what are best for the community.
3. Phyliss Bronson said I love the idea of Base lodge coming back. We need affordable lodging. I
agree with what Peter said. I would hate to lose the amenity floor. Yes we need affordable
housing but it will happen. To lose the lodge and get a bank is a travesty.
4. Sam Heuens - Sam’s Barbershop, lives at Benedict Commons. I support the lodge first and
affordable housing second. The room size would dictate the room rate.
Mayor Skadron closed the public comment.
Councilman Frisch said he would love to see this building get realized. I would like to see basement floor
commercial with a couple floors of lodging. I appreciate the parking as set up will not be in and out
parking. If we lose the amenity space there is still the roof space. What other parking options do you see.
Ms. Garrow said in terms of the specific project. If the option was off site we would need the solution to
come in as part of the amendment. Councilman Frisch said commercial, lodging, lodging amenity for
sure. I want some further discussion if the lowest level should be amenity or parking.
Councilwoman Mullins said are you waiving the parking requirement. Councilman Frisch replied no. I
appreciate people might want this over parking in the basement. Parking needs to be done somewhere.
Councilwoman Mullins said what is more important, parking, affordable housing, affordable lodging.
Peter made a good point about the affordable lodging incentive program. We really do need this
affordable lodging. One of the big reasons Base 2 went down was because it didn’t have any parking. I
think what we need is the affordable lodging. Requiring the 23 places in the one story basement. I prefer
6 months vesting with the lodging and the parking on site.
Councilman Myrin said it seems like you could build the above grade and figure out the below grade
another time. I’m ok with 18 months. I’m not trying to pressure development to happen any time soon.
Mayor Skadron said the city can’t build its way out of a parking shortage. One of the broader issues is
how the town markets itself. There is general consensus and support to allow for at least a 12 month
extension of vested rights to work through these issues. The general direction is for affordable lodging.
Mr. Hunt said the housing route was maybe there was an ability to amend a PD. Mayor Skadron said
there was direction given by council for the lodging and to preserve the commercial. The direction on the
parking is split. Ms. Garrow said we have a suggestion for amending the resolution. Page 162 1st
Regular Meeting Aspen City Council February 25, 2019
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resolution, section 1 - amend end of last sentence, vesting shall expire July 7, 2020 if following
conditions are met. 1 year extension. Add subsection 2 to say remove 1 level of basement and apply for
planned development review by July 7, 2019. Third subsection is parking and housing would be required
to meet current land use code. Add subsection 4 if conditions are satisfied vested rights go through July
7, 2020, if not they would expire Jan 7, 2020. Councilman Frisch said I appreciate we are trying to
expedite stuff. This conversation was not part of the original pitch to the public. Mr. Bendon said one
step return to council with a public hearing. The wording gives us the ability to go back and say what do
we want to do with the basement. The new parking code provides us with enhanced mobility.
Councilman Myrin said he prefer it has a set number of parking spaces. More mobility options is code
for less parking. Councilwoman Mullins said my preference is to keep the parking in the basement but
I’m willing to listen to options. Mr. Bendon said I think the way Jessica drafted the language gives us the
most flexibility.
Councilwoman Mullins moved to adopt Resolution #11, Series of 2019 with amendments; seconded by
Councilman Hauenstein. All in favor except Councilman Myrin, motion carried.
Linda Manning
City Clerk