HomeMy WebLinkAboutminutes.council.20050509Regular Meeting Aspen City Council May 9, 2005
PROCLAMATION - Month of the Young Child .............................................................. 2
CITIZEN COMMENTS ..................................................................................................... 2
COUNCILMEMBER COMMENTS .................................................................................. 2
CONSENT CALENDAR ................................................................................................... 3
· Appointment of Protest Hearing Officer ................................................................. 3
· Resolution #31, 2005 - Brush Creek Park and Ride Lot Operations IGA .............. 3
· Resolution #33, 2005 - Rio Grande Well Pump Agreement .................................. 3
· NWCCOG Funding Request ................................................................................... 3
· Minutes - April 25, 2005 ........................................................................................ 3
RESOLUTION #32, 2005 - Wheeler Director Executive Search Contract ........................4
FOX CROSSING PARK PARCEL AGREEMENT .......................................................... 4
FIRST READ1NG OF ORDINANCES .............................................................................. 4
· Ordinance #29, 2005 - Galena & Main Subdivision .............................................. 4
· Ordinance #30, 2005 - Supplemental Appropriations ............................................ 4
ORDINANCE #9, SERIES OF 2005 - Code Amendment Lodge Zone ............................ 6
ORDINANCE #21, SERIES OF 2005 Code Amendment Growth Management ........... 7
ORDINANCE #22, SERIES OF 2005 - Code Amendment SCI Zone ............................ 10
ORDINANCE #25, SERIES OF 2005 - Mother Lode Subdivision ................................ 11
ORDINANCE #26, SERIES OF 2005 - Code Amendment Recycling ........................... 12
ORDINANCE #27, SERiES OF 2005 Code Amendment - Wildlife .............................. 12
ORDINANCE #28, SERIES OF 2005 - Burlingame/MAA Housing Bonds Refunding. 12
S-CURVES SPRING DEMONSTRATION PROJECT ................................................... 13
RESOLUTION #23, SERIES OF 2005 - Design Contract AABC Housing ................... 14
BURLINGAME STREET NAMES ................................................................................. 15
Regular Meetin~ Aspen City Council May 9~ 2005
Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Paulson,
Semrau, Richards and Torre present.
PROCLAMATION - Month of the Young Child
Mayor Klanderud and Council proclaimed May 2005 as Month of the Young Child and
extended their thanks and appreciation to all who work to take care of Aspen's youngest
citizens. Amy Coyle, Kid's First, thanked Council for all their support. Ms. Coyle gave
each Council member a coupon and a book to read to a school class.
CITIZEN COMMENTS
1. Kip Wheeler presented an outline of an excursion train for Glenwood Springs and
Carbondale. Wheeler noted there are economic benefits, tourism benefits and historical
benefits. The proponents, Il?H, would spend up to $2.5 million to set up the operation
which would include trains, station and tracks. This would provide 4 excursion trips/day
one dinner train and use of freight cars. Wheeler said he just wanted to inform the
Council what is being talked about. Councilwoman Richards suggested Wheeler and his
group make this presentation to Carbondale and to Glenwood Springs, who would benefit
most from excursion trains. Wheeler said they plan to do that.
2. Bert Myrin noted the recent Council candidates all answered the question, "What
is the most important thing facing Aspen's future". Myrin said all candidates realized the
community is divided and there are two forces in town - one is pushing for development
and one is working toward a future without development. Myrin urged Council to
balance the future without selling the "here and now".
3. Toni Kronberg congratulated the winners in the recent election and thanked Tim
Semrau for his great financial scrutiny on city projects over the past 4 years. Ms.
Kronberg told Council she is still concerned about the land use at Burlingame. Ms.
Kronberg said she feels development will take away a lot from the character. Ms.
Kronberg stated that the will of the people supercedes the law; the recent vote shows
democracy in its true form. When it is time for change, people have to embrace that. Ms.
Kronberg said people have to accept that the Aspen Area Community Plan is no longer a
valid document for guiding Aspen into the future. Ms. Kronberg said she would like the
revised AACP to cover kids, cars, transportation impacts. Ms. Kronberg stated she
supports an aerial transportation system, which is one way to put Aspen in the forefront.
Ms. Kronberg said all 4 mountains should be connected. Ms. Kronberg said a pedestrian
bridge from Burlingame across the highway should be built. Ms. Kronberg said she
stands behind the community vote to move forward on Burlingame.
COUNCILMEMBER COMMENTS
1. Mayor Klanderud thanked everyone who supported her. Mayor Klanderud said
she has greatly enjoyed her 4 years as Mayor and is excited to have another 2 years.
Mayor Klanderud said the Mayor/Council election was a good race.
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Regular Meeting Aspen City Council May 9, 2005
2. Councilman Torre thanked everyone who took part in the recent election,
candidates, voters, issue committees.
3. Councilman Torre announced the Battle of the Bands May 21st in Basalt.
Councilman Torre encouraged people to go to Basalt to support young musicians.
4. Councilwoman Richards thanked people who supported Burlingame and thanked
the city staffwho has worked hard on the Burlingame project. Councilwoman Richards
said she is looking forward to the next 2 years on Council.
5. Steve Barwick, city manager, requested Council continue the recycling ordinance
in order to give CCLC a chance to comment.
6. Chris Bendon, community development department, introduced the city's new
long range planner - Jennifer Phelan.
7. City Clerk Kathryn Koch announced the Council agenda information is now on
the city's website.
8. Councilwoman Richards reported on Bureau of Reclamation meeting on the water
releases from Ruedi. The BOR presented different plans for front range storage capacity
increases. Councilwoman Richards said Pitkin County's concerns are some of these
releases include unexercised tights in this valley. Councilwoman Richards suggested
sending a letter to representatives outlining the position and requiting scoping and an
environmental impact study on any currently unclaimed rights from this end of the valley.
CONSENT CALENDAR
Councilman Torre requested the executive director search for the Wheeler be pulled;
Mayor Klanderud requested Fox Crossing Park Parcel Agreement be pulled.
Councilwoman Richards moved to adopt the consent calendar as amended; seconded by
Councilman Semrau. The consent calendar is:
· Appointment of Protest Heating Officer
· Resolution #31, 2005 - Brush Creek Park and Ride Lot Operations IGA
· Resolution #33, 2005 - Rio Grande Well Pump Agreement
· NWCCOG Funding Request
Minutes - April 25, 2005
All in favor, motion carried.
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Regular Meeting Aspen City Council May 9~ 2005
RESOLUTION #32, 2005 - Wheeler Director Executive Search Contract
Councilman Torre said he would rather have a local search to start with before going out
to a search contract. Councilman Semrau said he supports this; this position is vital and
an executive search will get to a wide national pool of talent. Randy Ready, assistant city
manager, noted this is not the customary way of the city doing business. Ready said there
are 8 reasons listed in the memorandum why this makes sense. Ready said in recent
recruitments for Wheeler positions, it is apparent that the market penetration beyond the
Roaring Fork Valley are very limited. The Wheeler is an unusual organization. Ready
told Council this does not preclude any local applications and if local applicants rise to
the top, the community will be assured that they will be extremely capable and fit all
categories. Ron Erickson, president Wheeler Opera House Board, told Council the Board
had the same concerns and now supports hiring a executive search firm. This money will
be well spent.
Councilwoman Richards moved to adopt Resolution #32, Series of 2005, with the express
caveat that this is advertised locally; seconded by Councilman Semrau. All in favor, with
the exception of Councilman Torte. Motion carried.
FOX CROSSING PARK PARCEL AGREEMENT
Mayor Klanderud asked if the homeowners request upgrade to the park, there will be no
additional cost to the city. Stephen Ellsperman, parks department, said that is correct.
Mayor Klanderud asked if there is a remedy if the maintenance is less than what the city
deems appropriate. Ellsperman said they can add language stating what the remedy
would be if the maintenance is below the city's standards. Ellsperman said staff feels this
group will have the same standards as the city. Mayor Klanderud noted there are
restricted hours on the park, 8 a.m. to sunset. Mayor Klanderud asked if this applies to
the trail. Ellsperman said the restricted hours are for the park only. Language can be
added to note that these restrictions do not apply to the trail.
Councilman Torre moved to approve the Fox Crossing Park Agreement with the minor
amendments; seconded by Councilman Semrau. Councilwoman Richards and
Councilman Paulson abstained. Councilmembers Torre, Semrau and Mayor Klanderud
in favor. Motion carried.
FIRST READING OF ORDINANCES
· Ordinance #29, 2005 - Galena & Main Subdivision
· Ordinance #30, 2005 - Supplemental Appropriations
Councilman Torre moved to read Ordinances #29 and 30, Series of 2005; seconded by
Councilman Semrau. All in favor, motion carried.
ORDINANCE NO. 29
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Regular Meeting Aspen City Council May 9~ 2005
(SERIES OF 2005)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANT1NG
SUBDiVISION APPROVAL, ALLOCATING ONE FREE-MARKET RESIDENTIAL
DEVELOPMENT RIGHT, AND ALLOCATING THREE AFFORDABLE HOUSING
DEVELOPMENT RIGHTS TO THE MAIN AND GALENA BUILDING PROPOSAL,
AS MIXED-USE BUILDING TO BE LOCATED ON THE NORTHWEST CORNER OF
GALENA AND MAIN STREETS, 426 EAST MAIN STREET, LEGALLY
DESCRIBED AS
UNIT lA GALENA PLAZA CONDOM1NILIMS, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2737.073.22.015
ORDINANCE NO 30
(Series of 2005)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET
MANAGEMENT PLAN FUND EXPENDITURES OF $3,091,123, AN INCREASE IN
THE GENERAL FUND EXPENDITURES OF $2,873,867, AN INCREASE IN THE
PARKS FUND OF $117,013, AN INCREASE IN THE WHEELER FUND OF
$723,981, AN INCREASE IN THE PARKING IMPROVEMENT FUND OF $352,786,
AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $12,083,585, AN
INCREASE IN THE EARLY CHILDHOOD FUND OF $39,096,AN INCREASE IN
THE KIDS FIRST FUND OF $434,459, AN iNCREASE IN THE DEBT SERVICE
FUNDS OF $1,695,731, AN INCREASE IN THE PARKS CAPITAL FUND OF
$1,199,516, AN iNCREASE IN THE CAPITAL PROJECTS FUND OF $16,753, AN
INCREASE IN THE WATER FUND OF $942,884, AN INCREASE IN THE
ELECTRIC FUND OF $1,166,453, AN INCREASE IN THE RUEDI FUND OF
$70,070, TRANSPORTATION FUND OF $1,075,427, AN INCREASE IN THE
TRUSCOTT FUND OF $550, AN INCREASE IN THE MAROLT FUND OF $370,
AND AN INCREASE IN THE HOUSING AUTHORITY FUND OF $5,140.
Councilman Semrau moved to adopt Ordinance #29, Series of 2005 on first reading;
seconded by Councilman Torre. Roll call vote; Councilmembers Torte, yes; Paulson,
yes; Richards, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried.
Councilwoman Richards moved to adopt Ordinance #30, Series of 2005, on first reading;
seconded by Councilman Semrau.
Councilman Semrau noted the animal shelter request is for $600,000 and $200,000 is to
be reimbursed from Pitkin County and $200,000 is to be reimbursed from the animal
shelter group. Councilman Semrau said the city had an in-kind contribution of $500,000.
There is no information on why the project is $600,000 higher than budget and are there
agreements for the reimbursements and what happens if they do not pay. Councilman
Semrau said he would like an accounting of all that. Mayor Klanderud said in the
housing development fund there is $28,000 for staff to charge pre-project time to a
Regular Meeting Aspen City Council May 9~ 2005
central charge code. Paul Menter, finance director, said this is for asset management staff
to charge for work that is not account specific.
Roll call vote; Councilmembers Paulson, yes; Semrau, yes; Torte, yes; Richards, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #9~ SERIES OF 2005 - Code Amendment Lodge Zone
Chris Bendon, community development department, reminded Council there have been
several work sessions and meetings with lodge owners. This ordinance provides
incentives for lodge development. To qualify for those incentives lodges must have one
unit/500 square feet of lot and an average unit size of 500 square feet will qualify for
incentives of increased height, FAR incentives and a portion of the project may be free
market. The free market portion of this is included in both this ordinance and the growth
management code amendments.
Bendon noted kitchens have been an important issue. Kitchens are currently allowed in
the LP overlay district. Bendon said kitchens are important to the current lodge market
for financing and for marketing. Staff suggests kitchens be allowed outright. If units are
moderate size, the kitchens will be limited by that size. Another issue was density and
average unit size. There is support for the 500/500 size with some flexibility. The
compromise with lodge owners was for a 10% increase to 550, which can be handled
through special review at P&Z. Bendon pointed out through a PUD review, an applicant
can exceed the 500/500 but they will no longer get incentives, like increased height and
FAR. Bendon said the ordinances allows a 600/600 requirement in the LP, lodge
preservation overlay district, through a PUD. The overlay district requires a PUD with
higher standards and more public input. In a PUD, Council is the final authority,
Bendon said for the free market component, each project will be different. Some project
would add up to 25%; that may not be enough for some projects. The ordinance contains
a 25% allowance for free market components. The lodge owners want a process to
amend that 25% and the ordinance allows this to be done through a PUD. Another issue
is the length of occupancy. This appears in the definition ora lodge. Bendon pointed out
people do come and stay more than 30 days. The 30 day limit comes from the state's
definition of short term for sales tax purposes. The ordinance has a requirement that
differentiates between owners and renters; owners are limited to a 30 day consecutive and
90 days within a year. Renters are not limited by 30 days but are limited to 90 days in
one year. Councilwoman Richards asked how this may affect the city's sales tax
collections. Bendon said the city cannot collect sales tax on stays over 30 days; however,
the city is not doing that now so it probably will not change the total amount collected.
Mayor Klanderud opened the public hearing.
Margaret Paas stated she supports the lodge zone district and growth management
changes as a way to allow small lodge owners to redevelop. Ms. Paas said the Limelite
could not redevelop with these changes. Scott Writer agreed with the division between
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Regular Meeting Aspen City Council May 9~ 2005
renters and owners for length of stay. Writer said this does give an outline for people to
figure out whether they can redevelop their lodge properties or not. Writer said he would
prefer 30% for free market portion of the project as a minimum. Writer encouraged staff
to adopt this ordinance. Marcia Goshom said the longer than 30 day stay is important to
small lodges to allow them to rent to employees during off season.
Stan Hagenga, Mountain Chalet, said they support this ordinance. Hagenga thanked
Council and staff for all the work put into this. Hagenga told Council the Mountain
Chalet has experienced less of the over 30 day stays than they have in the past. Molly
Campbell, Gant, said staff and the small lodges have done a great job on this ordinance.
Ms. Campbell said the ability for the small lodges to redevelop speaks to the future of
Aspen and it is critically important. This is the right ordinance at the right time to move
forward and to continue to compete. Rick Jones, ACRA president, said the ACRA did
economic sustainability report in conjunction with the Aspen Institute. This report
strongly supports the renovation and redevelopment of short term tourist
accommodations, specifically the small lodges.
Mayor Klanderud closed the public hearing.
Councilwoman Richards noted the lodge incentives allow 3:1 and timeshare allows 2.5:1
and this does not appear to give more incentives to lodges. Bendon said the difference
between lodge units and timeshare units is an ownership difference, not land use
difference. This is not something the city can regulate. The city has approached this by
specifying the density and unit size. Any timeshare project goes through a full PUD
review to insure it meets the city's requirements. Bendon said timeshare projects tend to
have very large units and may not be attracted to the 500 square foot site. Cotmcilman
Semrau said he feels keeping the free market component at 25% may help to keep the
land costs down.
Councilwoman Richards moved to adopt Ordinance//9, Series of 2005, on second
reading; seconded by Councilman Semrau.
Mayor Klanderud thanked the lodge owners for participating in this process. Mayor
Klandemd said she feels this code amendment is a very positive step for Aspen.
Councilman Paulson said he hopes Council sticks to code requirements so that neighbors
know what to expect from development.
Roll call vote; Councilmembers Semrau, yes; Torre, yes; Paulson, yes; Richards, yes;
Mayor Klandemd, yes. Motion carried.
ORDINANCE #21~ SERIES OF 2005 - Code Amendment Growth Management
Chris Bendon, community development department, told Council is code amendment is a
rewrite of the entire growth management and is critical for lodge redevelopment as well
as other development in the city. Bendon shid the current growth management scoring
system is an arbitrary and risky process. Almost all development has gone through
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Regular Meeting Aspen City Council May 9~ 2005
exemptions. This replaces that with a first come/first serve and with actual standards.
There is a 2% growth rate in which everything counts, except for tear down and
replacement of single family structures. Staffis recommending lowering the growth rate
for free market residential development to 1% growth rate. The growth rates are based
on the overall ceiling, which is contained in the AACP. Bendon pointed out this
amendment eliminates the exemption system. The only building that will be exempt are
things that are not limited or count towards growth.
Bendon reminded Council at the last meeting they agreed to start a new allotment and not
carry over any accumulated allotments. Bendon pointed out the incentives for lodge
development are contained in the free market part of growth management. This does
require mitigation for the free market units. The mitigation requires an ADU or cash-in-
lieu based or a 30% affordable housing requirement based on the number of free market
units. Bendon reminded Council at the work session, there was discussion of a system to
accommodate credits. Ifa lodge redevelops and becomes more efficient in the number of
employees needed, there be a way to credit the employee generation towards the
mitigation required.
Bendon said Council wanted to hear from HPC about incentives for historic properties.
HPC supports the recommendation if one develops a project and has an accommodation
to expand which is exempt from employee housing mitigation up to 4 employees. A
lodge project could expand by 8 rooms without triggering mitigation. Bendon said ifa
property is both a small lodge and historic, it is very difficult to do anything with one's
property. The housing board reviewed the housing policies and supports on-site
affordable housing serving multiple purposes. The housing board also supports this code
amendment. Bendon said multi-use projects with a mix of uses, commercial, affordable
housing on site, free market development, the on-site affordable housing will encourage
the mix of the community and integration into the community. Bendon noted with cash-
in-lieu payments, the housing mitigation happens much later. Bendon said there is a
reduction in requirements for mixed use projects, for providing on-site units, which
emphasizes quality over quantity.
Mayor Klanderud asked about the area in which affordable housing mitigation can take
place. Bendon said the way it is written, the can happen outside the urban growth
boundary. Mayor Klanderud said Council has struggled with how far outside the city this
can take place. Council agreed this should stick with the UGB. Councilman Semrau
asked about the 70/30 program and the 60/40 program. Bendon noted this ordinance
contains provision replaces 70/30 and does not require rezoning to AH. One will have to
go through a review with P&Z for 70/30. The 60/40 also does not require rezoning.
Bendon noted one could chose which program would work for their property, depending
on size and location. They are administered the same but are two options and neither
require rezoning.
Councilwoman Richards noted this resets the 1% growth rate based on the built
environment in 2005. Councilwoman Richards said she thought this would use the base
line adopted in the 1993 AACP. Councilwoman Richards asked the justification and
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Regular Meeting
Aspen City Council
May 9~ 2005
what does that mean in terms of growth. Bendon said a growth rate should be based on
the existing development in town at whatever time code adoption happens. Bendon said
Council can lower the rate of growth if they wish. Councilwoman Richards said she can
support this as long as the numbers are re-evaluated. Every adjustment has been based on
a previous baseline. Bendon said the city does not regulate population; it regulates
development. It is better strategy to regulate the numbers of units. Councilwoman
Richards stated the multiplier is based on a higher number, and Council should be aware
of that. Bendon said this amendment requires staffto do an analysis every year on what
has been built. This report is to be forwarded to P&Z, who can decide what allotments
should be held over.
Councilwoman Richards brought up the efficiency incentive and this should also have a
required audit. Councilwoman Richards noted there are different layers of reduction for
affordable housing for incentive lodge development. Them is no affordable housing
mitigation for existing structures even with full demolition. Ifa development proposes
550/550, only 30% mitigation is required. If there is mixed use in the building, two uses
can count. The final layer is that affordable housing required is category 4 or lower and
that the city is trying to gain quantity over quality. Councilwoman Richards said all 4
layers will provide less housing than some projects could afford. Councilwoman
Richards said she would go with this if category 4 is one-bedroom or larger, not studios.
Mayor Klanderud opened the public hearing.
Charles Wolf said staffhas done an excellent job. This code amendment recognizes that
change is not growth and it makes it possible for town to change in ways that are needed.
Dale Paas encouraged Council to adopt this code amendment. Peggy Briscoe said she
has worked with developers on projects in the past and has seen all the hurdles that have
to be overcome. Ms. Briscoe applauded these changes and urged Council to adopt them.
Ms. Briscoe noted that timeshare projects can afford more affordable housing on site than
can pure commercial projects. Ms. Briscoe said finding sites in the urban growth
boundary for affordable housing is almost impossible. Marcia Goshorn encouraged
Council to pass this ordinance. Forrest stated he is in intense support of this amendment
and encouraged passage as written.
Sunny Vann said the layering of the mitigation requirement applies only to an
incentivized lodge, which has small lodge rooms. The incentives will not fit all projects
and there will be applicants for other projects, like timeshare. If the project does not meet
500/500, they will have to meet the required mitigation.
Mayor Klanderud closed the public hearing.
Councilman Tonce moved to adopt Ordinance #21, Series of 2005, on second reading;
seconded by Councilman Semrau.
Councilwoman Richards noted the ordinance states mitigation is required for the bonus
residential units in the form of ADUs or cash-in-lieu. Bendon agreed associated free
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Regular Meeting Aspen City Council May 9~ 2005
market units require mitigation, and the discussion is whether that mitigation could be
reduced by efficiency by the lodge. Councilwoman Richards stated she is all fight with
using 2005 as the baseline; however, this should be acknowledged.
Councilwoman Richards asked how Council feels about the efficiency audit for allowing
fewer employees. Councilman Semrau agreed if someone makes a presentation they are
using less labor, therefore they are going to mitigate less, it is appropriate to give them 2
years to prove their assumptions are correct. Bendon said the staffhas used audit for
conditions like this in the past and the remedy would be cash-in-lieu. Council agreed
with an audit two years after fully built. Council also agreed that the unit should be a
one-bedroom, category 4 on-site unit. This amendment is giving a lot to lodges and a
one-bedroom will increase the longevity. Councilwoman Richards agreed this is
reasonable because the city is cutting the affordable housing requirements in half.
Bendon asked if this is an across the board housing policy or just specific to lodges.
Council said this is just for lodges; in some other projects studios are appropriate.
Council agreed within the lodge incentive, the minimum size of affordable units are one-
bedroom. Councilwoman Richards suggested a written policy to outlined what an audit
will entail and what the procedures to cure may be. Council agreed to no mitigation
outside the UGB. Bendon suggested removing the term restoration and use remodeling
only. Council agreed.
The changes to the ordinance are to agree to using 2005 as the baseline; the lodge
incentive affordable housing on-site units are a one-bedroom, category 4. Roll call vote;
Councilmembers Torre, yes; Semrau, yes; Paulson, no; Richards, yes; Mayor Klanderud,
yes. Motion carried.
ORDINANCE #22, SERIES OF 2005 - Code Amendment SCI Zone
Chris Bendon, community development department, told Council this is an update to the
SCI zone based on several work sessions. Most of the changes deal with the types of
uses allowed in the zone. The amendment codifies a policy for "design studio" to cap it
at 9,000 square feet total for the entire zone district. There is a provision to allow an up
to 5' increase in height as an incentive to either develop additional floor to ceiling height
on the ground floor or for a minimum amount of SCI square footage on site. An
applicant only gets one 5' increase even if they do both.
Mayor Klanderud opened the public hearing. There were no comments. Mayor
Klandemd closed the public hearing.
Councilman Torre moved to adopt Ordinance #22, Series of 2005, on second reading;
seconded by Councilman Semrau. Roll call vote; Councilmembers Paulson, no;
Richards, yes; Semrau, yes; Torre, yes; Mayor Klanderud, yes. Motion carried.
Councilman Paulson left the Council meeting.
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Regular Meeting Aspen City Council May 9~ 2005
ORDINANCE #25~ SERIES OF 2005 - Mother Lode Subdivision
James Lindt, community development department, said this request is to construct a 3
story addition to the Mother Lode located at 314 East Hyman. Lindt told Cotmcil HPC
has waived the parking required for the site to 4 spaces from the 10 that are required.
HPC has granted conceptual review. P&Z has approved special review to accept cash-in-
lieu for required open space and to establish dimensional requirements for trash and
utility areas. Staff and P&Z have granted the necessary growth management exemptions
to develop the project with the exception of affordable housing, which is up to Council.
Lindt showed Council the proposed 3 story addition. The underground space will have
storage and some net leaseable space. The first floor will maintain the commercial space
on the front of the lot as well as 4 parking spaces. The 2nd floor has 2 one-bedroom
affordable housing rentable units and 1 free market unit on the front of the site. The 2
affordable units will mitigate the 1 free market unit. On the 3ra floor, there is 1 three-
bedroom free market residential unit. This does not require mitigation because the
property is historic and staff has granted a growth management exemption for that unit.
The project is within the commercial core dimensional requirements; it is 42' high with
an FAR of 2.3:1. Subdivision approval is required because this has multi-family units
within a mixed use building. Staff feels the subdivision standards are met within this
proposal. There is still need for affordable housing within the CC area. A question from
first reading was why the applicants are going to enclose the patio area to the east of the
building. The original application was to leave this open but the majority of HPC felt it
was appropriate for them to restore the store front image and recommended cash-in-lieu
be paid for the open space.
Sunny Vann, representing the applicant, noted the only approvals required from Council
are the growth management exemption for the affordable housing units and final
subdivision. Vann told Council this will go back to HPC for final review. Vann
reiterated this building is within the dimensional requirements for the CC zone The
reason this project works is that there is a credit for existing commercial square footage
that is being demolished. Previously this extended only to historic buildings; the new
code amendment extends that to the commercial core.
Mayor Klanderud asked about the parking requirements. Lindt said this is approved by
P&Z under special review. The 2 affordable housing units only get 1 parking space and
the free market units get 3 parking space. This is lower than is required by the code.
Mayor Klanderud opened the public hearing. There were no comments. Mayor
Klanderud closed the public hearing.
Councilwoman Richards moved to adopt Ordinance #25, Series of.2005, on second
reading; seconded by Councilman Semrau.
Mayor Klanderud said she is concerned about the reduction in parking. People may not
need to use their vehicles but where will they be stored. Vann said the theory is in
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Regular Meeting Aspen City Council May 9~ 2005
downtown either enough parking cannot be provided or it should be one space/bedroom.
Vann pointed out the free market housing funds this redevelopment. The parcel only has
room for 4 parking spaces so the applicants applied to waive one of the parking spaces
for affordable housing. There will be one space for the 2 affordable units and 3 spaces
for the 3 free market units. The affordable units are rental and they will have the ability
to select tenants, hopefully one without a car. Mayor Klanderud said she would prefer
the open space remain; however, she understands on what HPC based its decision.
Councilman Semrau agreed the way it is preferable to the way it was; however, that was
an HPC decision.
Roll call vote; Councilmembers Semrau, yes; Richards, yes; Torre, yes; Mayor
Klanderud, yes. Motion carded
ORDINANCE #26~ SERIES OF 2005 - Code Amendment Recycling
Councilman Semrau moved to continue Ordinance #26, Series of 2005, to May 23;
seconded by Councilman Torre. All in favor, motion carried.
ORDINANCE #27~ SERIES OF 2005 Code Amendment - Wildlife
Tim Ware, parking department, told Council this code amendment is to stiffen the code.
The first amendment is to change the definition of "wildlife resistant" to "wildlife proof'.
Another change shortens the time required to fix an enclosure from a week to 72 hours.
Ware said another change requires providers of trash receptacles to have their name on
the receptacle for enforcement purposes. Ware pointed out staff is seeking to have the
Wildlife Guidelines changed. One is effective June 30, 2005; any trash receptacle left out
over night is required to be wildlife proof. By June 1, 2006, trash providers will be
required to provide only metal wildlife-proof trashcans. By June 2007, all trash
receptacles within the city will be replaced with wildlife-proof containers
Mayor Klanderud opened the public hearing. There were no comments. Mayor
Klanderud closed the public hearing.
Councilman Torre moved to adopt Ordinance #27, Series of 2005, on second reading;
seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes;
Semrau, yes; Torre, yes; Mayor Klandemd, yes. Motion carried.
ORDINANCE #28, SERIES OF 2005 - Burlingame/MAA Housing Bonds Refunding
Paul Menter, finance director, told Council this ordinance would allow staff to market the
Burlingame/MAA housing bonds, which financed the construction of seasonal housing
project. Menter noted this is an emergency ordinance in order to have authorization to
market the bonds tomorrow to get a reasonable savings on the existing bond issues.
Councilman Semrau said this would change the debt structure in order to make the
budget for Burlingame/MAA housing better. Menter said this bond refunding will save
$18,000/year over the next 25 years, which will help the cash flow of the project.
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Regular Meeting Aspen City Council May 9~ 2005
Mayor Klanderud opened the public hearing. There were no comments. Mayor
Klanderud closed the public hearing.
Steve Jeffers told Council the IRS regulations require a TEFRA notice, which was done,
and a public hearing to make sure interested parties have the ability to comment on this
financing.
Mayor Klanderud opened the TEFRA public hearing. There were no comments. Mayor
Klanderud closed the public hearing.
Councilman Torre moved to adopt Ordinance #28, Series of 2005, on second reading;
seconded by Councilman Semrau. Roll call vote; Councilmembers Torte, yes; Semrau,
yes; Richards, yes; Mayor Klanderud, yes. Motion carried.
S-CURVES SPRING DEMONSTRATION PROJECT
Randy Ready, assistant city manager, pointed out the budget for this is in the
supplemental appropriation, which will not be adopted until May 23. That will be too
late for an S-curve demonstration project, and staff would like Council approval to
proceed without supplemental budget. John Krueger, transportation department,
reminded Council at a work session in March, they approved moving forward with some
elements of the S-curve improvements. Staff is suggesting doing these on a trial basis.
The two staff is suggesting for the demonstration are the street closures from Seventh and
restricting left hand tums off Cemetery Lane during peak traffic hours. If Council
chooses to go ahead, staff will send CDOT a letter outlining the demonstrations. Krueger
said this experiment will be done May 17 to 19 for baseline counts, May 24 to 26 the no
left turn will be implemented and the streets will be closed, and May 31 through June 2nd.
Staff will return with traffic analysis to see if Council wants to go to a peak period
demonstration which CDOT will require before permanent changes can be made.
Krueger said this demonstration project will cost $41,000.
Councilwoman Richards said she was surprised this will be broken into two phases and 3
days a week instead of 5 days a week. People need to get used to more than 3 days a
week. Krueger said CDOT suggested 3 days, which is a standard for them. Mayor
Klandemd noted there is a lot of traffic in the roundabout during the hours for this
demonstration. Councilwoman Richards said the demonstration will be off season with
school and peak time without school. Mayor Klanderud stated she has serious concerns
about no left turn off Cemetery Lane; she is also concerned about the short notice time
for drivers on Cemetery Lane. This is pouring additional congestion to the roundabout in
its most congested hours. Councilwoman Richards noted part of the demonstration
requires flaggers to be present to explain this to drivers. Councilwoman Richards stated
it is important to find out if this will work or not. It is one of the only recommendation
from the citizen task force that may make improvement to the traffic through the S-
curves.
13
Regular Meeting Aspen City Council May 9~ 2005
Councilman Torre moved to approve the S-curves experiment demonstration project;
seconded by Councilwoman Richards. All in favor, with the exception of Mayor
Klandemd. Motion carried.
RESOLUTION #23~ SERIES OF 2005 - Design Contract AABC Housing
Ed Sadler, asset manager, told Council this design contract is to convert the current
animal shelter location into affordable housing for city employees. Sadler said staff ran
a modified competition, received three responses, and recommend selection of Novy
Architects. The architects received information on the size of the site, the AABC
covenants and were to show staffwhat could be done on site. Sadler said this is a sketch
plan and is not design/build.
Councilman Semrau said staff feels a competition would be expensive and not fair; it
would cost $10,000/firm and that will not cover an architect firm's expense. Councilman
Semrau said he has put together costs from past city projects; parcel D $130/square foot
and the proposed budget for this project is $218/square foot. Councilman Semrau said he
feels that is a lot of money difference per square foot. Councilman Semrau said he would
like the city to get exceptional buildings by getting a good look at the project, knowing
what it will cost and see options. Councilman Semrau said on parcel D and on
Burlingame, Council got to see options and got a good price. Councilman Semrau said
he would like to see a design contest.
Mayor Klanderud objected to going back through the process as it reflects on the city's
credibility. Mayor Klanderud said she does not want to redo this process at this time.
Councilwoman Richards stated she is comfortable with this design and contract.
Councilwoman Richards agreed this has progressed too far to go back. It is time to go
forward with this project.
Councilman Torre agreed he want to see if this project could be done better and at a
lower cost. Councilman Torre stated he is concerned about entering into an agreement
without knowing that the city could save money by going through a design contest.
Mayor Klanderud reiterated she cannot support opening this up again. If there is a way to
negotiate the details, staff can do that.
Council was two in favor of approving the contract and two against. Council decided to
consider this when there are 5 members present.
Councilman Torre moved to continue Resolution #23, Series of 2005, until May 23 or
until there are 5 members present; seconded by Councilman Semrau. All in favor,
motion carried.
Councilwoman Richards moved to suspend the rules and continue the meeting to 10:30
p.m.; seconded by Councilman Torre. All in favor, motion carried.
14
Regular Meetin~ Aspen City Council May 9~ 2005
BURLINGAME STREET NAMES
Mayor Klanderud stated Council needs a policy on naming streets. The final decision has
to be Council's. Council requested staff to come up with a policy. The plat for
Burlingame has to be filed this week.
Councilwoman Richards moved to go for~vard with the names for Burlingame Ranch on
a temporary basis; seconded by Councilman Semrau. All in favor, motion carried.
Councilwoman Richards moved that staff develop criteria for recommending street
names to Council; seconded by Councilman Torre. All in favor, motion carried.
Councilman Torre moved to go into executive session at 10:15 p.m. to discuss 3 matters;
one is acquisition of property pursuant to C.R.S. 24-6-402(4)(a); two are items requiring
conferences with the city attorney pursuant to C.R.S. 24-6-402(4)(b); seconded by
Councilman Semrau. All in favor, motion carried.
Councilman Semrau moved to come out of executive session at 10:40 p.m.; seconded by
Councilman Torre. All in favor, motion carried.
Councilwoman Richards moved to adjourn at 10:40 p.m.; seconded by Councilman
Torre, All in favor, motion carried.
~ Koch, ~
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