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HomeMy WebLinkAboutminutes.council.20020128 Regular Meeting Aspen City Council January 28, 2002 ff"~ CITIZEN PARTICIPATION .................................................................. ~i ...... 2 ... COUNCILMEMBER COMMENTS ................ i.,.~ ..... ~..i ................ i .............. 2 PROCLAMATION - Olympic Torch Relay ................................................... 3 CONSENT CALENDAR ................................................................................ 3 · Resolution # 5, 2002 - Golf Course Restaurant Lease ............................ 4 · Resolutions #6, #7, 2002 - Vehicle Contracts ......................................... 4 · Resolution #8, 2002 - Motor Grader Contract ........................................ 4 · Minutes - January 14, 2002 ........................................................... ~i ........ 4 ORDINANCE #4, SERIES OF 2002 - parking Fee Increases .................... ~.~ 4 ORDINANCE #51, SERIES OF 2002 Code Amendment/GMQS and Timeshare ........................................................................................................ 5 ORDINANCE #52, SERIES OF 2002 - Aspen Mountain pUD/Lot 5 ........... 5 ORDINANCE #1, SERIES OF 2002 - Code Amendment Historic Preservation ................................................................................................... 10 ORDINANCE #2, SERIES OF 2002 - Historic Preservation Benefits ........ 10 Regular Meeting Aspen City Council January, 28, 2002 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Hershey, Paulson, Semrau and McCabe present. The Vice-Mayor of Garmisch-Partenkirchen, presented greetings to the Aspen City Council from the Council of Garmisch. The Vice-Mayor said he is enjoying his stay in Aspen and is very happy Aspen and Garmisch- Partenkirchen are sister cities. CITIZEN PARTICIPATION 1. Jeff Halferty, HPC member, commended staff and the consultant for their hard work on evaluation of the historic preservation program and for the work on the benefits component. 2. Bill Stirling asked when Council will address the use of magnesium chloride on city streets. MayOr Klanderud said there is a work session February 4th at 5 p.m. on street maintenance in general. This work session will cover more than use of magnesium chloride. Stirling said he is disturbed about the use of chemicals on city streets and is concerned about street maintenance. Stirling urged citizens to write Council or to attend this work session and voice their opinions. COUNCILMEMBER COMMENTS 1. Mayor Klanderud read a letter from Pat O'Donnell, Aspen Skiing Company, extending their thanks to the city for the sUpport the Skiing Company received during the X-games. 2. Mayor Klanderud presented a snowboard to the city, given by the US Marine Corps recruiting command, who were the first sponsors of the X- games 6 years ago. 3. Councilman Hershey thanked the Aspen Skiing Company, RFTA, Randy Ready, Lynn Bader, for the great job done with transportation during the X-games. There were not large traffic and parking problems as a result of all the work of the staff. 4. Councilman Semrau extended sympathy to the city manager. CounCilman Semrau said he recently drove a jeep backward through Aspen with 3 other Councilmembers giving him conflicting directions. 2 Regular Meeting Aspen City Council January 28, 2002 5. Councilman McCabe said the X-games were a phenomenal success. There was a lot of energy in town. Councilman McCabe thanked everyone for their work to make the X-games a success. 6. Councilman Paulson thanked Channel 16 for broadcasting the X- games; it was the only way he got to participate. 7. Councilman Paulson said he has been contacted by a lot of citizens wondering why Aspen is turning into a brown winter town. Councilman Paulson urged citizens to come to the work session on street maintenance February 4th at 5 p.m. 8. City Manager Steve Barwick requested Council add Resolution #8, Series of 2002, purchase of a motor grader to the consent calendar. 9. City Manager Steve Bariwck requested a work session on policy governance. This work session will take 4 to 5 hours. Council scheduled this for March 12th at 4 p.m. 10. City Manager Steve Barwick said at the CAST meeting, there was a report on retail marketing in resort areas. Barwick told CoUncil he plans to bring the speaker to Aspen. 11. Councilman McCabe brought up the Aspen Youth Council/Council mentoring program. Councilman McCabe said he plans to bring his mentee, Maggie Roth, to the next CounCil meeting. 12. Mayor Klanderud noted the CIS/DEIS open house for Aspen will be February 6th from 4 to 7 in the Sister Cities room. PROCLAMATION - Olympic Torch Relay Mayor and Council noted Aspen is honored to host the torch relay and proclaimed Saturday, February 2, 2002 to be officially designated as Olympic Torch Relay Day. CONSENT CALENDAR 3 Regular Meeting Aspen City Council January 28, 2002 Councilman Paulson said he would like to make sure that the lessee of the golf course restaurant is encouraged to have the restaurant open in the winter for cross country dinners. Tim Anderson, recreation director, pointed out the lease contains minimum standards. The operator will experiment serving meals on full moon nights. Councilman Paulson suggested Bob Wade be included in the conversations about the winter operation. Mayor Klanderud said she feels a full dinner operation in the winter would be an amendment to the application. Mayor Klanderud noted there are many restaurants in Aspen, and she does not want the city to get into competition with these businesses. Mayor Klanderud requested Council be kept abreast of any discussions about full evening operation. Councilman Hershey moved to approve the consent calendar; seconded by Councilman Paulson. The consent calendar is: · Resolution # 5, 2002 ~ Golf Course Restaurant Lease · Resolutions #6, #7, 2002 - Vehicle Contracts · Resolution #8, 2002 - Motor Grader Contract · Minutes - January 14, 2002 All in favor, motion carried. ORDINANCE #4~ SERIES OF 2002 - Parking Fee Increases Councilman Hershey moved to read Ordinance #4, Series of 2002; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE NO. 4 Series of 2002 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING SECTION 26.04.060 TO INCREASE ON STREET PARKING AND MUNICIPAL PARKING GARAGE FEES ~.~'N Councilman Hershey moved to adopt Ordinance g4, Series of 2002, on first · ~ reading; seconded bY Councilman Semrau. 4 Regular Meeting Aspen Ci~, Council January 28, 2002 Mayor Klanderud noted these fee increases do not go into effect until June 3, which will give Council time to look at the sales tax revenues. Mayor Klandemd said Council will be looking at the contract with RFTA to get a clear idea of the costs of nmning the bus service. Mayor Klanderud said she would like to reconsider parking meters in the block in front of City Market. Mayor Klandemd said that block of Cooper Avenue is a convenience for local shoppers; it seems like locals take the brunt of parking regulations. Roll call vote; Councilmembers McCabe, yes; Paulson, yes; Semrau, yes; Hershey, yes; Mayor Klanderud, yes. Motion carded. ORDINANCE #51, SERIES OF 2002 Code Amendment/GMQS and Timeshare ORDINANCE #52, SERIES OF 2002 - Aspen Mountain PUD/Lot 5 Fred Jarman, community development department, reminded Council the first public hearing on this land use proposal was two weeks ago. Council reviewed the subgrade garage, the livability of the affordable housing unit, a text amendment that would allow the conversion of tourist accommodation fifiltS to i:esid~h~i dw~liihg Uhi~S} ~d ~ent 6f'~Sh~in~iieu for i21i 5 FTEs of about $2.25 million. Jarman said one request from that meeting was a detailed landscaping plan of the south side of the affordable hOUsing units. Jarman presented that plan view. Jarman also presented language for an additional condition to Ordinance #52, which would clarify that renters in the affordable housing units will not be overburdened by costs from the free market homeowners. Council also requested the applicants meet with CORE and incorporate any green building techniques available. Jarman said this proposal is 51 units made up of one, two and three-bedroom units. Each units will be sold into 1/20th interests for a total of 1,020 units plus 9 affordable housing units. Jarman said a purchaser will get one fixed week plus 10 floating days; each unit will be owned a total of 340 days. The remainder is for maintenance and rental to the general public. Jarman told Council the current timeshare regulations are about 20 years old and are concerned with consumer protection. These regulations focus on marketing practices, disclosure issues so the purchaser knew what he is purchasing and the burdens of the purchase. 5 Regular Meeting Aspen citY Council JanUarY 28, 2002 Jarman said staff has analyzed the potential impacts as well as the benefits of interval 0wnershipl The posihVes are generation of indirect sales tax revenues and higher occupancy. Jarman said these 1/20th interests will be marketed at a lower rate than other real estate currently available. Jarman said staffdoes not know the long term impacts of interval ownership on the community. The applicant received conceptual approval for a 170 room hotel. The approval has been amended for a 51-unit residential project. There is a concern over loss of sales tax as a result of converting to residential. Jarman noted this is still a short-term project with the same impacts on city services. The city and applicant have agreed to a timeshare impact fee so the impacts are covered as the units sell. Jarman told Council the text amendment gives Council the authority to vary timeshare standards: The applicant has requested 5 standards to be varied including gift giving of $100 to entice purchasers; that 9 of the units will be affordable housing; the 4 week maintenance claUse; the time for right to rescind be the same as what the state allows, and the option of a letter of credit or bond in escrow. These are addressed in conditions 27 through 30 in Ordinance #52. Currently there is a requirement for a $20,000 bond to insure the applicant sticks to the marketing plan. P&Z questioned the appropriateness of this condition. Jarman showed Council the 52 week use plan, how the units will be Owned and used. Scott Writer, Four Peaks, told Council currently Aspen does not have a diverse bed base, and this product will capture new market for Aspen. There are a total of 183 rooms that people can sleep in, more capacity for more people. Writer said this reworked proposal has more space for rooms by eliminating the restaurant and conference space. This proposal also requires less employees. Writer said one challenge was to have these units available for visits to Aspen by others than owners; another challenge was to insure high occupancy. Writer told Council if an owner does not reserve their unit up to 6 months before their time space, that unit goes into the exchange program offered to anyone who owns a vacation ownership unit in a cooperating resort. If no one claims that unit 60 days before that time space, it is available to the management for rental. The management makes money on rentals so they have an incentive to rent units. Writer noted an owner could occupy part of his unit and rent the lockout bedrooms. Mayor Klanderud noted that owners could rent outside the management company and no one Will be oVerseeing sales tax collection. The applicants 6 Regular Meetin~ Aspen City Council January 28~ 2002 agreed that would be hard to track. The majority of the units will be rented through Hyatt management organization. Sunny Vann, representing the applicant, told Council once a C/O is issued for a unit, it will be available for nightly rental until the unit is sold. Vann said the marketing plan is part of their PUD apProval and deviation from that would be enforced by the city as any deviation from an agreement. Vann said the gift giving provision was to discourage shoddy gifts. Vann said when Hyatt markets these units, they will be encouraging people to come to Aspen and to view the product. The applicants propose no dollar limit for gifts redeemable in the community or within the Hyatt system. All other gifts would be limited to a certain amount. Lodging and airfare is exempt from the $100 limit. Vann said the applicants are not proposing to vary the restrictions of not giving a gift without accurately describing what it is, and the recipients must be told there will be a sales presentation. Vann noted the applicants are in agreement that these units should be available for rental. There may be a problem with the way this condition is drafted and the Securities Exchange Commission. Vann said any rental arrangement for the benefit of owners of units triggers potential SEC issues. Vann presented alternate language stating nothing in purchasing disclosure documents between the management company and the owner of any interest shall prevent short term rental or occupancy. Steve Barwick, city manager, said the proposed language makes renting of one's unit sound completely voluntary. Writer stated a person cannot be made to rent their unit. Mayor Klanderud opened the public hearing. Rick Newton, business owner, said the downtown core of Aspen is in trouble as a result of fewer and fewer people in town. Newton supports this application as the kind of thing that will bring people back into town. Don Shuster, Vice-president of Real Estate Aspen Skiing Company, said he is totally supportive of this project. Shuster told Council the occupancy arguments for interval ownership projects have proven to be true; the Snowmass Club is an interval ownership project and is virtually full the rest of the season. Exchange and rental programs will generate new visitors to the Aspen area. Bill Kane, Aspen Skiing Company, supports this project. Kane said no one is building conventional hotels right noTM. Kane said the interval ownership Regular Meeting Aspen City Council January 28, 2002 projects the Ski Company has watched are having a successful season. Steve Siefert, banker, told CoUncil business people in AsPen are desperate for solutions and are looking for business. This is a good solution to help business in town. Hyatt will be a good partner for this community. Bill Tomcich, Stay Aspen Snowmass, supports this project and said Hyatt will be a good fit for the lodging mix in town. Jerry Moncarsh, Galena Place homeowners, said they are not opposed to the concept of the development but tothe height allowed. Moncarsh said when this was a hotel, a 4th floor was approved. For this project, the 4th floor is superfluous and only has 7 units. Eliminating the 4th floor will reduce the weeks of sales from 1,020 to 880. Moncarsh said the building is too high and too big. Marcia Goshorn reiterated this development will bring people to Aspen who have not been here before. RJ Gallager said this is a great proposal for this parcel. Gallager urged Council to approve it and move forward as quickly as possible. Shellie Roy said the community has to figure out how to get hot beds. Mayor Klanderud closed the public hearing. CoUncilman Semrau asked staff to summarize the {mPacts normally associated with a hotel that this project is exempt from. Jarman said normal hotels pay sales tax and the city can create a revenue stream in order to offset impacts from additional people in the community, like street impacts, public transportation, and public safety. This is a different use but the impacts will be the same as a 150 room hotel. Vann pointed oUt Four Peaks has agreed to pay a time share sales tax impact fee so that all impacts associated with the projeCt are being mitigated, vann said Four Peaks is paying park dedication fee, affordable housing fee, water and sewer taps. During conceptual review, Four Peaks agreed to an impact fee of between $4 and $5 million and with staffreached an agreement on how best to pay this fee. Vann said this project was given no credit for the RETT that will be paid on sale of these units. Barwick told Council staff did an analysis on payment of the RETT and feels this will generate more revenue for the RETTs than a traditional hotel. Writer said Four Peaks will also be paying an affordable housing cash-in-lieu amount of $2.4 million and are mitigating for employees as if this were a traditional hotel. 8 Regular Meetin~ Aspen CiW Council January 28, 2002 Councilman McCabe said he feels the timeshare impact fee is fair, trying to gU%s what the impaCts Will be on an interval oWnership project. Barwick agreed staff is comfortable with $4022/unit impact fee. Mayor Klanderud said she is concerned about sales tax leakage on rental of units when units are not rented through Hyatt. Barwick said the city will have to enforce its tax codes by examining advertisements and on the Internet for rental of any of these units. Councilman Semrau said the Council made concessions on this project when it first went from residential to hotel use, like density and height increases. Councilman Semrau said this is back to a residential development with different type of ownership and asked if these concessions are still warranted. Councilman Hershey said this will be vibrant, will get people to shop and eat in Aspen's downtown. Councilman McCabe said he is satisfied taking a chance with this proposal. The applicant has been forthcoming with bonuses for the community. Councilman McCabe said he feels this will be a benefit to the community. Councilman Paulson agreed this is a benefit and this development will bring people who have not been able to afford to come to Aspen. Councilman Paulson said he does not want to see this turn into a price war with the St. Regis. Julie Ann Woods, community development department, reminded Council the applicant has asked to separate approvals for lot 5 from lot 3. Ms. Woods asked if it is the applicant's intention that they will not be able to pull a building permit for lot 3 until they have a building permit for the Bavarian affordable housing project. Writer said that is the agreement. Vann reiterated the applicants cannot start either project on lot 3 or lot 5 without getting a building permit for the Bavarian. Councilman PaulSOn asked if the Willoughby ski jump is to be replaced somewhere in town as part of this agreement. John Worcester, city attorney, said this condition is not part of the PUD agreement. Councilman Semrau moved to adopt Ordinance #51, Series of 2001, on second reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Paulson, yes; Semrau, yes; Hershey, yes; McCabe, yes; MaYOr Klanderud, yes. Motion carried. 9 Regular Meeting Aspen City, Council January 28, 2002 Councilman Semrau moved tO adopt Ordinance #52, Series of 2001, on second reading eliminating conditions 29 and 30 and that for condition 28 the language be reworked to staffs satisfaction; seconded by Councilman Hershey. Roll call vote; Councilmembers McCabe, yes; Hershey, yes; Semrau, yes; Paulson, yes; Mayor Klandemd, yes. Motion carried. ORDINANCE #1, SERIES OF 2002 - Code Amendment Historic Preservation ORDINANCE #2, SERIES OF 2002 - Historic Preservation Benefits Amy Guthrie, community development department, told Council many people have participated in the creation of Ordinance #1. Ms. Guthrie said the benefits cover those that are already existing to brand new ones that would require a funding source. Ms. Guthrie said Ordinance #1 will develop a better system to consider historic properties and a better and clearer process to review these properties. HPC and P&Z have reviewed and endorsed these code amendments. Ms. Guthrie told Council the term, "historic landmark" will be dropped from the code and all properties will be designated the same and available to have the same Cenefits. Ms. Guttirie noted thai references to the histOric process have been reorganized so that it can all bE read in one chapter. Ms. Guthrie pointed out more specific criteria has been developed to handle designation including a category for integrity. There is a worksheet for 20th century dwellings including categories and themes that need to be met. There will be an individual hearing for each property and property owners will have a chance to participate. There is a process for rescinding designation. The ordinance outlines how design guidelines will be amended. More items have been moved to the exempt or staffreview category, there is a minor review. There is a clearer process for amendments and for demolition of properties. There is a temporary restraint for demolition of properties. A certificate of economic hardship has been added. Demolition by neglect has been clarified and reworked. The proposed penalty has been increased from a 5 year moratorium to a 10 year moratorium. Debbie Abele, city's historic consultant, said the proposed benefit ordinance should give property owners an indication that the city is willing to legislate 10 Regular Meeting Aspen City Council January 28~ 2002 as we!l as provide assistance with historic properties. A good benefit package will balance the legislative regulations. Ms. Abele noted not all benefits will be attractive to all property owners. There are different types of benefits. Ms. Abele said one of the pressures on historic properties in Aspen is the demand for development. The goal of an incentive program is to preserve and manage the development. Some benefits have no cost to implement, like dimensional variances, increased density, historic landmark lot split, conditional uses, exemption from the growth management quota system. Many of these are already allowed. Ms. Guthrie presented charts of properties of various sizes that can currently do a historic landmark lot split or can do two detached houses on the site, and properties that have no mechanism to do a lot split or to have two houses, and properties that have already done lot splits. Ms. Guthrie said the concept of two houses on one lot has been in effect in the city for over a decade. Historic lot splits were established in 1995 and have worked very well. There are benefits that have no cost except stafftime to administer, like creation of a conservation easement program. In this, the city would accept ~"',, easements from property owners who wish to give up further development and to receive a federal tax deduction. The transfer develoPment right program has great potential as an incentive program. Another possible benefit would be to allow staff to assist owners of historical properties with the state and federal programs. Another category are benefits with costs, like waiver of park dedication fees. A new proposed benefit would be cultural tourism, which would market the historic resource. This could be funded through the bed tax and used to market historic lodges. There are honor awards and historic markers, which is an existing program and could be expanded. There are benefits that would be a manner of city policy, like giving a priority to city historic properties. The city could initiate public/private projects on redevelopment or restoratiOn of historic properties. There are benefits with no identified source of funding. Ms. Guthrie told Council staff surveyed property owners affected by this ordinance to ask what benefit would be the most valuable. The number 1 response was relief froTM the city P°~tiOh ofpr0pe~ taxl M~i Gfit~e ~$id council the city 11 Regular Meeting Aspen Ci~ Council Januar~ 28, 2002 colleg[~ about $600,000 on historic properties. Ms. Guthrie said there is no funding currently available for this program. Ms. Guthrie told Council due to state laws, the city cannot change the way these properties are assessed. Ms. Guthrie noted possible funding would be an increase in sales or property tax, either of which would have to be approved by the voters. Ms. Abele said the most common benefit program is funding assistance for rehabilitation of historic structures. Ms. Abele said there are monies from the state that could start this program. Staff could further define this alternative to explain how it would work, what owners would match, who would be eligible and what the city would get in return. The city has an existing rehabilitation loan fund, which has had limited participation perhaps due to the level of funding. Ms. Abele said there could be creation of an acquisition; relocation fund. This is an emergency fund, which allows cities to respond when an important building becomes threatened. This was not high on the survey of property owners. Ms. Guthrie said the code currently contains exemptions from growth management for historic properties. These could be increased if a historic property does a lot Split, they would be relieved from providing ADUs or the housing fund could pay for construction of an ADU on site. The city could consider further reduction of mitigation requirements for commercial historic properties. Ms. Abele pointed out some of the landuse benefits are already contained in Ordinance #1. Mayor Klanderud said it was her understanding Council wanted to pass these two ordinances together and would not adopt them until after a work session. Councilman Hershey said a lot of work and public participation has gone into these amendments. Ms. Guthrie said there were 15 meetings, lectures and tours up through July 2001. There have been more meetings with HPC, with P&Z and a work session with HPC, P&Z and Council. Mayor Klanderud opened the public hearing. Paul Taddune commended HPC and staff for the time they have put in this process. Taddune said his clients oppose involuntary historic designation on any post WWII project. Taddune said Council should not split the code amendments and the benefits but perhaps adopt the incentives first to give the public confidence there will be benefits. Taddune noted there is criteria that is very subjective, 26.415.030(b)(2) stating a property could be 12 Regular Meeting Aspen City Council January 28, 2002 designated historic "a property whatever its age that possesses significant integrity of loCation, setting, design, materials workmanship and is related to one or more of the following: an event, pattern or trend that has made a significant contribution to local, state regional or national history". Taddune pointed out "Whatever its age'' removes history from preservation. Taddune quoted "and a physical design that embodies distinctiVe Characteristics of the type, period or method of construction or represents the technical or aesthetic achievements of a recognized designer". Under this, a house could be historically designated a year after its built. Taddune requested Council concentrate more on the voluntary aspect of preservation and not impose these restrictions on people who do not want their properties designated. Taddune said much of the cost of these provisions is on the owner of the property; however, there are also costs to the city with tax incentives, congestion, greater impact on neighborhoods, and enforcement costs. Yasmine dePagter seconded what Paul Taddune said. There is a general concern about designating post WWII houses. Ms. DePagter said the benefits have to be part of the package. Council should reconsider designating all post WWII structures. Ms. DePagter said she woUld like to see a sales tax taken to the voters to see what kind of cOmmunity support exists for historic benefits. Kathy Welgos, 1295 Riverside Drive, told Council she has attended every meeting over the past 18 months. Ms. Welgos said she has come to support this program. There is a scoring system, the incentives seem to be adequate. The bottom line is preservation of Aspen's heritage. Ms. Welgos said if they were to sell their property, the house will be razed and a trophy home built. Ms. Welgos urged CoUncil to adOpt these ordinances. Maggie deWolfe said she objects to words like integrity. Ms. DeWolfe said she does not want someone telling her what to do with her house; she would like to make her own decisions. Jackie Mastrangelo read a letter from Angie Griffith into the record asking that her property, located at the nOrtheast edge of Aspen be eliminated from any historical consideration. Ms. Mastrangelo said the commUnity should be cherishing long time residents rather than being so worried about their structures. Ms. MaStrangelo said every home in Aspen may qualify to be historic the way the scoring criteria is written. 13 Regular Meeting Aspen City Council January 28, 2002 Jack Simmons, Holland House Lodge, said he does not feel the whole community has participated in this. Simmons said the benefits and code amendments should go together. John Kelly said the proposal to historically designate panabodes and log kit homes is the wrong direction. Kelly said it does not make sense to build or to keep panabodes today; they are totally inefficient. Kelly said there ought to be something special about a structure before it is designated. Kelly said this ordinance is a great improvement over the previous ordinance for Victorian buildings, and staff and citizens worked hard on drafting this ordinance. Kelly said the cost to the community outweigh the benefits. Chic Collins said historic designation should be voluntary; it should be less subjective; there should be more incentives to encourage people to historically designate their structures. This ordinance is 63 pages and much too broad. The criteria has been enlarged and will cover questionable structures and will be more subjective. Collins said some benefits would be less open space, more site coverage, which would work against what is trying to be done in the residential areas. Collins noted this states parking requirements may be waived and where will the cars go; there will still be a need to park cars. Collins said a historic lot split can create more density and mom congestion. Bill Stifling noted there are different ePics in the history of every town and what is important in maintaining the character of the community is to be able to identify architectural heritage and to preserve this. Stifling said the community must look carefully at the post WWlI period or historical heritage will be lost. Stifling agreed these two ordinances should be one so people know what the benefits will be. Stifling said everyone can participate in historic preservation if there is a tax for this. Stirling cautioned against creating too much density and taking away from the elegance of existing Victorians. Stirling said he feels historic resources are an essential community resource. Councilman Hersheymoved to suspend the rules and to extend the meeting to 10:00 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Tony Welgos said when this process started, he was opposed; however, over the past 18 months, he has changed his mind. Welgos said he now looks at Aspen differently and what historic properties mean to the community and 14 Regular Meetin~ Aspen Ci~, Council January 28, 2002 ~e supports these code amendments. Perry Pollock said if this is a fair program, it will work. If it is a fair program, it Can be voluntary. Ramona Markalunas said many ordinances have been written to control growth; this would be attacking the source of Aspen's success - history and ambience. This ordinance would allow additional dwelling units on lots of 9,000 Square feet, which would be doing a disservice to Aspen's heritage. Caroline McDonald said they already have two separate homes on 9,000 square feet and would like to be able have a lot split for tWo 4500 square foot lots. Bob Starodoj said after 18 months, the public should get answers on this issue. Fonda Patterson, Boomerang Lodge, opposes involuntary designation for this property. Ms. Patterson said if this is a great program, people will line up to take part in it. Ms. Patterson noted the 500 square foot bonus for a historic property makes no allowance for the size of the property to which it is being applied. Lisa MarkalUnas said she is a proponent of historic preservation; however, this ordinance fosters development and lot splits on lots as small as 6,000 square feet, which will destroy the historic settings. Ms. Markalunas said there are post WWlI properties that should be preserved. Bert Myrin, P&Z member, said in lot splits, the additions should be set back so as not to take away from the historic structure. Myrin opposes lot splits for 6,000 square foot lots. Gene Hyder said these amendments need to be as equally assessable to all property owners as possible. Gilbert Sanchez, Vice Chair HPC, said the purpose of historic preservation is to preserve Aspen's heritage for guests and for future generations. Preservation is telling a story and should include all parts of that story. Sanchez said the proposed criteria does as good a job as possible to provide objective criteria to select the different chapters of Aspen's story. Mike Hoffman, HPC member, noted the power to designate a structure historic is an awesome power as it requires a property owners to maintain the exterior of their property in perpetuityl The law requires there be standards for designations. Hoffman said his biggest concern with Ordinance #1 is 26.415.030(b) and the criteria having to do with people who have made a contribution and physical designs and there is no objective criteria for this section. 15 Regular Meeting Aspen City Council January 28~ 2002 Suzaunah Reid, Chair HPC, noted everything becomes a part of history and people in the future ought to have the opportunity to look back on what the community thought was important. These ordinances set a framework for that. This ordinance does not designate any properties. Discussion on individual properties will come after Ordinance #1 and #2 are adopted and each property will have a hearing. Jake Vickery said the TDRs will be an excellent program and will allow owners of historic properties to sell their unused FAR. Vickery suggested these be allowed to be sold in smaller than 250 square foot blocks] Vickery said owners should be allowed to sell the amount of unused FAR they have. Julie Ann Woods, community development department, said staff did not want to saturate the market and make TDRs have no value. Ms. Patterson noted all of the structures except two are residences rather than businesses. Freezing businesses as they are at any moment in time is unfair. Mayor Klandemd said the public hearing will be continued to final adoption of these ordinances. Mayor Klandemd entered into the record an e-mail from Sheldon Fingerman. Councilman Hershey said a work session is scheduled February 12th to discuss benefits and he would prefer to table both these ordinances and not make legislation piece by piece. Councilman Semrau acknowledged staff and the consultants for nailing down much of a puzzle with many related variables. Councilman Semrau said this should not be rushed and all the variables should be nailed down. Mayor Klanderud said she has problems with designation of post WWII properties and defining what the properties are and how integrity is determined. Mayor Klanderud said location is important. Councilman Hershey moved to continue Ordinances #1 and #2 to February 25, 2002; seconded by Councilman McCabe. Councilman McCabe agreed the two ordinances should be adopted together; the incentives are where the credibility is. Councilman McCabe asked how many buildings are enough~ Councilman McCabe said the city needs to figure out what they are willing to pay annually for historic preservation. Councilman McCabe pointed out all the issues Council brought up 18 months ago have been addressed. This code amendment is much more precise than the existing code. Mayor Klanderud agreed the city does not have a measure of how the community at large feels about this. 16 Regular Meeting Aspen CiW Council January 28, 2002 All in favor, motion carried. Councilman Semrau moved t° suspend the rules and eXtend the meeting to 10:30 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilman Paulson moved to go into executive session at 9:55 p.m. for the purpose of discussing property acquisition to do with the Aspen Valley Land Trust and the Youth Center pursuant to C.R.S. 24-6-402(4)(a), for conference with the city attorney pursuant to C.R.S. 24-6-402(4)(b) and to determine positions on negotiations pursuant to C.R.S. 24-6-402(4)(e); seconded by Councilman Semrau. All in favor, motion carried. Councilman Paulson moved to come of executive session at l 1:15 p.m.; seconded by Councilman Semrau. All in favor, motion carried. Councilman McCabe moved to adjourn at 11:15 p.m.; seconded by Councilman paUlson. All in faVor, motion carried. Kathryn S. KoCh, City Clerk 17