HomeMy WebLinkAboutminutes.council.20060424
Rel!ular Meetinl!
Aspen City Council
April 24. 2006
PROCLAMATION - Aspen Crime Victims Rights Week................................................ 2
CITIZEN PARTICIPATION.. ....... .......... ... ............ .................... ..................................... ... 2
COUNCILMEMBER COMMENTS .................................................................................. 2
RESOLUTION #29, SERIES OF 2006 - Support Fire District Ballot Question............... 4
RESOLUTION #25, SERIES OF 2006 - Contract CDOT Maroon Creek bridge Utility
Crossing .. .... ....................................... ....... ......... ... ................. ............. ... ......... ... ... .... .......... 4
RESOLUTION #27, SERIES OF 2006 - ARC/Durrant Settlement Agreement ............... 4
RESOLUTION #30, SERIES OF 2006 - Contract Wheeler Interior Marquee .................4
FIRST READING OF ORDINANCES..............................................................................5
. Ordinance #15, 2006 - Mother Lode Subdivision Amendment - 314 E. Hyman.. 5
. Ordinance #16, 2006 - Hannah Dustin Subdivision - 300 S. Spring..................... 5
. Ordinance #17, 2006 - Parking Fee Ordinance ......................................................5
. Ordinance #18,2006 - Code Amendment - Political activities of City Employees
5
ORDINANCE #2, SERIES OF 2006 - 202 N. Monarch Blu Vic Reconsideration........... 7
ORDINANCE #11, SERIES OF 2006 - 920/930 Matchless Drive SubdivisionIPUD ......8
ORDINANCE #14, SERIES OF 2006 - Supplemental Appropriation............................ 13
RESOLUTION #26, SERIES OF 2006 - Pay Station Purchase Contract ....................... 14
616 WEST MAIN HISTORIC PRESERVATION LOAN .............................................. 15
RESOLUTION #28, SERIES OF 2006 - Purchase of Aspen Mass................................. 16
RESOLUTION #32, SERIES OF 2006 - In Support of Roadless Areas......................... 16
MINUTES - April 10, 2006 ............................................................................................. 17
ORDINANCE #19, SERIES OF 2006 - Enacting a Temporary Moratorium ................. 17
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Rel!ular Meetinl!
Aspen City Council
April 24. 2006
Mayor Klanderud called the meeting to order at 5 :00 p.m. with Councilmembers Torre,
Richards, Johnson and DeVilbiss present.
PROCLAMATION - Aspen Crime Victims Rights Week
Mayor Klanderud and Council proclaimed April 23 to 29 as Aspen Crime Victims'
Rights Week to recognize victims and those who serve them. Mayor Klanderud stated as
individuals, a community and a nation, we should continue to support victims and value a
system of justice. The proclamation was presented to assistant district attorneys Tony
Hershey and Katie Stiers
CITIZEN PARTICIPATION
1. Diana Ettlinger with Jennifer Carney, Mary Wolfer and Madeline Osberger, all
purchasers under contract for lots at Burlingame, stated they have numerous unsolved
issues and have come to a dead end working with city departments. Ms. Ettlinger
requested a work session with Council to go over these issues. Mayor Klanderud said
there is a work session on Burlingame lots tomorrow, April25th, and suggested they
come to determine what the issues and possible solutions are.
2. Toni Kronberg requested Resolution #27,2006 - Durrant Lawsuit settlement be
pulled from the consent agenda. Ms. Kronberg said it is exciting that Richard Quick is
coming to the ARC; he did clinics at the James E. Moore pool. Ms. Kronberg said more
parking is needed at seasonal Burlingame. Mayor Klanderud suggested this be scheduled
for a BHI meeting. Ms. Kronberg told Council a new group, Friends of Rio Grande Park,
will be conducting a survey to see if citizens would obj ect to relocating the recycle center
across the street and to see what other uses citizens might find appropriate for that
property.
3. John Harvey said free parking is offered to people with hybrid vehicles. Harvey
said his vehicle is a retrofitted hybrid using vegetable oil but done by an individual and
he would like to be able to qualify for the same benefit as people with hybrid vehicles
and to offer free parking to others who retrofit their vehicles. Mayor Klanderud
suggested Harvey contact Tim Ware, parking department, for the criteria to evaluate
vehicles in order to qualify. Councilwoman Richards said she is very supportive of
developing alternative fuels; part of the criteria to qualify for free parking is the level of
emissions. Harvey said his vehicle has been tested and has fewer emissions than those
using gasoline.
COUNCILMEMBER COMMENTS
1. Mayor Klanderud thanked the environmental health and parks departments and
Mitzi Rapkin for their big effort in putting on Earth Day. They all did a great job to make
a very successful Earth Day.
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April 24. 2006
2. Mayor Klanderud said she attended the RFTA end of the season party. The
response from the community with raffle prizes was stupendous. Mayor Klanderud noted
all RFT A staff work very hard during the winter and summer seasons.
3. Mayor Klanderud asked Council if they would approve moving Ordinance #9,
Resolution #9 and Resolution #29 in front of the first readings. Council agreed.
4. Councilman Johnson moved to add an emergency ordinance proposing a six-
month moratorium on adopting new land use applications in various zone districts;
seconded by Councilwoman Richards.
Councilman DeVilbiss said he has reservations about this moratorium. Mayor Klanderud
stated she, too, has serious reservations. Mayor Klanderud said there are other solutions
to these shared concerns about construction activity and about future development.
All in favor, with the exception of Mayor Klanderud. Motion carried.
5. Councilwoman Richards requested adding to the agenda a resolution to support
conservation of roadless areas in the forest service. Governor Owens has set up a panel
to take public comment on maintaining the current level of protection in roadless areas.
6. Councilwoman Richards requested a special meeting for consideration of
Ordinance # 19, 2006, the temporary moratorium. City Clerk Kathryn Koch said this has
been noticed for Tuesday, April 25th at 4 p.m.
7. Councilman DeVilbiss said Aspen has lost a number of prominent citizens, people
who were respected and who will be deeply missed.
8. Councilman DeVilbiss stated it is difficult to express the contempt he feels for
whomever topped the trees on east Hopkins.
9. Councilman Torre stated he attended a number of Earth Day activities; they were
all great and thanks to everyone involved.
10. Councilman Torre requested Resolution #30, 2006, Wheeler Interior Marquee
Contract, be taken off the consent calendar.
11. Randy Ready, assistant city manager, told Council there was an open house last
week to go over several CDOT projects. One starts May 1 st and is the overlay Main
Street project. The removal and replacement of concrete at the entrance to Aspen will
take 3 weeks. Inbound traffic will have a minor detour. Outbound traffic will be
detoured north on Sixth, west on Smuggler and back to the Highway at Eighth. It is
absolutely necessary to replace the concrete. The other project is getting ready for the
outbound bus lane on Main street. There is tree trimming, signing and re-striping. All
the parking on the north side of Main street has been eliminated.
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Councilman Torre moved to continue Ordinance #9, 2006, 410 S. West End Street to
May 8; seconded by Councilman DeVilbiss. All in favor, motion carried.
Councilman DeVilbiss moved to adjourn the public hearing on Resolution #9, 2006,
Holiday House Conceptual PUD; this may be reconvened at a later date; seconded by
Councilman Torre. All in favor, motion carried.
RESOLUTION #29, SERIES OF 2006 - Support Fire District Ballot Question
Councilman Johnson moved to approve Resolution #29, Series of2006; seconded by
Councilman DeVilbiss.
Councilwoman Richards said it is within Council's purview to pass resolution in support
of or in opposition to ballot measures. It is not an expenditure; it is making Council's
sentiments known. Councilwoman Richards thanked the volunteers ofthe fire
department for their dedication for many years. Councilwoman Richards urged voters to
vote yes on this proposal. Volunteers, neighbors, and community members looked at
many locations for a fire station to serve the community for the next 100 years.
Councilwoman Richards said this will allow a readaptive use of the current site to
maintain a tradition in the downtown where it belongs. Mayor Klanderud thanked the
COWOP and their work for making the recommendation to Council.
All in favor, motion carried.
RESOLUTION #25, SERIES OF 2006 - Contract CDOT Maroon Creek bridge Utility
Crossing
Councilman Torre moved to adopt Resolution #25, Series of 2006; seconded by
Councilman DeVilbiss. All in favor, motion carried.
RESOLUTION #27, SERIES OF 2006 - ARC/Durrant Settlement Agreement
Toni Kronberg said she felt this could have been avoided by hiring a pool consultant. Ed
Sadler, assistant city manager, told Council the city had a consultant who recommended
the proper paint and provided the proper specifications and Durrant did not follow those
specifications.
Councilman DeVilbiss moved to approve Resolution #27, Series of2006; seconded by
Councilwoman Richards. All in favor, motion carried.
RESOLUTION #30, SERIES OF 2006 - Contract Wheeler Interior Marquee
Councilman Torre said this proposed marquee does not conform to the city's lighting
code. Mayor Klanderud agreed she is concerned this is in violation of the sign code and
the city has made bars take lighted signs out of their windows. James Lindt, community
development department, said it would require a code amendment to allow this marquee.
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Gram Slayton, Wheeler Opera House, told Council this is part of the first floor master
plan and cat 5 wire has been installed for this marquee. Lindt said there are other
businesses that have interior illumination and a code amendment would apply to those,
like the Isis. Ed Sadler, assistant city manager, told Council during the renovation, it was
decided that installing the wiring at the same time was so inexpensive rather than going
back and putting it in at a later date.
Councilwoman Richards stated she supports the many changes at the Wheeler. This is a
modern innovation for a ticket office and there should be a way to make it work.
Councilwoman Richards said she does not want to approve this before a lighting code
amendment. Councilwoman Richards said she would like to know what this would look
like from the street. Slayton said the timeliness of this contract is there are only two
times during the season that improvements can be done. Mayor Klanderud said she
would like to see a mock up as well as what other businesses might be affected by a
lighting code amendment.
Councilman Torre said the Wheeler is a historic building and he is hesitant to put
television sets as coming attractions. Councilman Torre said the timelessness of the
Wheeler is important. Councilman Torre asked if there is another method to get the same
type of message across, not flat screen TVs. Councilman DeVilbiss agreed this type of
display seems incongruous inthe context of the historic Wheeler Opera House. Council
agreed they would like to see the code amendments first.
Councilman Torre moved to approve Resolution #30, Series of2006; seconded by
Councilman DeVilbiss. Everyone opposed. Motion NOT carried.
FIRST READING OF ORDINANCES
. Ordinance #15, 2006 - Mother Lode Subdivision Amendment - 314 E. Hyman
. Ordinance #16, 2006 - Hannah Dustin Subdivision - 300 S. Spring
. Ordinance #17,2006 - Parking Fee Ordinance
. Ordinance #18,2006 - Code Amendment - Political activities of City Employees
Councilman Torre moved to read Ordinances #15, 16, 17, and 18, Series of2006;
seconded by Councilman DeVilbiss. All in favor, motion carried.
ORDINANCE NO. 15
(SERIES OF 2006)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE FIRST AMENDED PLAT - MOTHER LODE SUBDIVISION, ON
THE PROPERTY KNOWN AS 314 E. HYMAN AVENUE, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
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ORDINANCE NO. 16
(SERIES OF 2006)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS THE HANNAH DUSTIN BUILDING SUBDIVISION TO ADD 2,440
SQUARE FEET OF NET LEASABLE SPACE, TWO FREE MARKET RESIDENTIAL
UNITS, AND THREE AFFORDABLE HOUSING UNITS TO THE PROPERTY
LOCATED AT 300 SOUTH SPRING STREET, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
ORDINANCE NO. 17
Series of 2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 2.12.060 OF THE MUNICIPAL CODE OF THE CITY OF
ASPEN TO AMEND FEES RELATING TO PARKING
ORDINANCE NO.18
(Series of 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 2.24.070 OF THE ASPEN MUNICIPAL CODE
BY THE DELETION OF SUBSECTION (c) TO PERMIT CITY EMPLOYEES TO
CAMPAIGN FOR ELECTED OFFICE WITHOUT HAVING TO TAKE A LEAVE OF
ABSENCE WITHOUT PAY DURING THE PERIOD OF THE CAMPAIGN FOR
SAID OFFICE.
Councilman Johnson moved to adopt Ordinances # 15, 16, 17 and 18, on first reading;
seconded by Councilman DeVilbiss.
Mayor Klanderud said that free parking for hybrid vehicles should be indicated in this
ordinance. Tim Ware, parking department, said that is shown in Section 24. Councilman
DeVilbiss said some citizens indicated that this ordinance feels unfriendly. Councilman
DeVilbiss noted another comment was that the extension of paid parking should be 1
block rather then 3 blocks. Mayor Klanderud said she received a comment about service
vehicles. These comments should be part of the public hearing.
Councilwoman Richards said she would like to vote on Ordinance #17 separately and
withdraw it from the motion to approve. Councilman Johnson amended his motion to
withdraw Ordinance #17; seconded by Councilman DeVilbiss.
Councilman Torre brought up the code amendment regarding city employees to
campaign. John Worcester, city attorney, said this has been a long standing rule in the
city. Worcester noted the adopted ethical rules of conduct regulate how city employees
conduct themselves and this section is redundant. The Code of Ethics regulate a situation
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where there is a conflict between a second job and the employee's responsibility.
Councilwoman Richards said research shows no other municipality in the valley have a
requirement that employees would have to take a leave of absence without pay to run for
elective office. The issue is a fundamental right to public service. Councilwoman
Richards noted the city manager is able to make a judgment if an employee were using
their position for advantage in a campaign.
Roll call vote; Councilmembers Johnson, yes; Torre, yes; DeVilbiss, yes; Richards, yes;
Mayor Klanderud, yes. Motion carried.
Councilman DeVilbiss moved to adopt Ordinance #17, Series of2006, on first reading;
seconded by Councilman Johnson.
Councilman DeVilbiss stated the parking department will have to make a case for this
ordinance at the public hearing to get his support.
Roll call vote; Councilmembers Torre, no; DeVilbiss, yes; Johnson, yes; Richards, no;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #2, SERIES OF 2006 - 202 N. Monarch Blu Vic Reconsideration
Councilman DeVilbiss said a motion on the floor during the approval process would have
provided access to the commercial project off Mill street and to the residential portion off
Bleeker street. Councilman DeVilbiss said that was his preference. Councilman
DeVilbiss agreed that the arguments for opening the alley off Monarch were correct.
Councilman DeVilbiss said he has re-examined the site and feels the most appropriate
resolution is for access for commercial from Mill street and a driveway off Bleeker for
the residential. Councilman DeVilbiss said the applicants stated they would accept
whatever access Council approved.
Councilman DeVilbiss moved to adopt Ordinance #2 with the access off Mill street for
the commercial and access off Bleeker for the residential; seconded by Councilman
Torre.
Mayor Klanderud stated the alley off Monarch is the preferred access. This is not open
space; it is an unopened alley. Mayor Klanderud said any encroachments in this alley
should be removed. Mayor Klanderud noted using Bleeker would require moving the
Blu Vic. Councilman Johnson agreed the house must be moved if the Bleeker access is
approved. Councilman Johnson noted this proposal would not decrease the number of
curb cuts in the area. Councilman Johnson said there is no mechanism to insure that any
future owner of either property not request the opening of this alley for access to the
properties.
Stan Clauson, representing the applicant, reminded Council during the presentation they
were told a driveway off Bleeker would be 12'. Since then the fire marshal has indicated
this driveway needs to be 16' and 55' into the property. Clauson said this will require
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some relocation of the house. As part of the reconstruction, the house will have to be
lifted and a foundation provided. Tim Semrau, applicant, noted in the future Council
may have to grant access offthe alley to the house on the north. Semrau said he would
like Council to address how to insure the alley off Monarch stays closed. Mayor
Klanderud agreed it is short sighted not to open the alley off Monarch for future access.
Councilwoman Richards said Council does not know the future holds in terms of historic
lots splits, the design of the mixed use building and what else may occur. Councilwoman
Richards said she feels Bleeker street is the best access.
Roll call vote; Councilmembers Johnson, no; DeVilbiss, yes; Torre, yes; Richards, yes;
Mayor Klanderud, no. Motion carried.
ORDINANCE #11, SERIES OF 2006 - 920/930 Matchless Drive SubdivisionIPUD
Jennifer Phelan, community development department, told Council this is a request for
subdivision and a PUD amendment by Christine and Peter Dodaro, 930 Matchless and
Shirley Peterson, 920 Matchless. Ms. Phelan said this is also known as lot 5 of the
Alpine Acres subdivision and is one lot with two single family historic landmark
residences. Ms. Phelan said this property was annexed into the city in 1976 with 5 lots.
Two of these lots were undeveloped and three lots had miner's cottages turned into
duplexes by a shared common garage.
Ms. Phelan said in 1986, lot 4 adjacent to this property, requested subdivision into 2
separate lots. The shared garages had been removed between the two houses on lot 4 and
they requested fee simple ownership rather than condominiumization. During review,
staff discovered an error, which showed Alpine Acres zoned medium density residential
(R-6) rather than moderate density residential (R-15). Ms. Phelan noted R-6 allows a
smaller minimum lot size, which would allow subdivision into two lots and R -15 zoning
would not allow that subdivision. Ms. Phelan said in 1986, the owner oflot 4 had all
other owners of the Alpine Acres subdivision come in as an application to rezone from R-
15 to R-6. The owners oflot 4 applied for a subdivision to allow two lots, 4-A and 4-B.
Ms. Phelan said at that time the property owners offered a voluntary cap on floor area of
the entire subdivision of 2,500 square feet/dwelling unit. During the public hearing at
P&Z, the cap was negotiated to 2,486 square feet/dwelling unit. Ordinance #35,1987,
rezoned the entire subdivision to R-6, added a PUD overlay to lots 4 and 5, which affects
the minimum front yard setback for lot 5 and the minimum lot width for lots 4-A and 4-B
and caps the allowable floor area for any dwelling unit in the subdivision to 2,486 square
feet.
Ms. Phelan noted in 2002, the owners oflot 4-A received approval for a PUD amendment
for an addition. The floor area was capped at 2,486 square feet; the proposed design was
2,986 square feet and the PUD amendment allowed an HPC 500 square foot floor area
bonus because of the excellent design.
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Ms. Phelan explained part ofthe request is to have fee simple and subdivision into two
lots, 5-B or 920 Matchless, and 5-A, 930 Matchless, each lot containing a historic
resource rather than condominiumized units. Lot 5-B is proposed to be 7,756 square feet
with two detached single family residences. The applicants propose to rehabilitate the
original historic structure with a small addition and add a single family house on the rear
of the lot. Any additions or demolitions would be reviewed by HPC. Ms. Phelan showed
a floor area comparison chart for 920 Matchless. The underlying zone district based on
the size of a 7,700 square foot lot would allow a floor area 00,485 square feet. The
1987 ordinance allows a maximum of 2,486 square feet/dwelling unit. Ms. Phelan said
if the underlying lot size creates a more restrictive floor area than 2,486 times 2, one
would do the more restrictive floor area. The size of the lot is more restrictive than the
1987 ordinance, so 3,485 square feet would be allowed.
Mayor Klanderud said if the restriction is 2,486 square feet, there is no documentation,
which would allow 3,485 square feet. Ms. Phelan reiterated the 1987 ordinance states
this is allowed up to a maximum of 2,486 square feet/dwelling unit. The more restrictive
number should be used and when one uses the lot size and the calculation for two single
family dwelling on 6,000 square feet that should be dropped to the more restrictive of
2,486 times two. For 920 Matchless, one would get 3,485 square feet total for the lot
between the two units.
Mayor Klanderud noted Ordinance #35,1987, did not take into consideration the lot size
but limited the size of each dwelling unit. Mayor Klanderud said 2,486 square feet is the
more restrictive. Councilwoman Richards said Ordinance #35,1987, with 2,486 square
feet was based on 5 lots and 5 residences, not times any future lot splits. Ms. Phelan said
staff s calculations were based on the proposed lot sizes. In the R-6 zone, using the more
restrictive number, based on a 7,600 square foot lot and R-6 lot under 9,000 square feet
with two single family residences, the code requires the floor area allowance for a single
family rather than a duplex. The calculation for floor area for this lot comes to 3,485
square feet, total.
Councilwoman Richards said if there were no lot split, how much more FAR is
remaining. Ms. Phelan gave Council a chart showing the original lot size of 16,425
square feet, which is an existing duplex lot with two single family houses.
Councilwoman Richards asked the amount of additional FAR allowed under the current
conditions, the unbuilt FAR. The house on 930 Matchless is about 900 square feet and
on 920 Matchless is about 1100 square feet. Ms. Phelan said there is about 3000 square
feet of unbuilt FAR. Councilwoman Richards asked the increase in FAR if Council
approves this amendment. Councilwoman Richards noted she does not oppose the
subdivision to affect ownership structure; however, she does not want to increase the
FAR.
Ms. Phelan said staff viewed the more restrictive FAR to be allowed on 920 Matchless
with two single family residences to be 3,485 square feet, which would be divided
between the two residences. Ms. Phelan said 930 Matchless was reviewed by HPC for an
addition on the single family residence and to build a detached garage with a voluntary
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ADU. This lot is 8,600 square feet. When the calculation for floor area is done based on
the size of the lot in R-6 zone, the FAR is 3,609 square feet. Ms. Phelan noted the 1987
ordinance allows a maximum of2,486 square feet for a dwelling unit. This lot is
proposed for a single family structure, restricted to 2,486 square feet. The design
approved by HPC is 2,986 square feet, which includes a 500 square foot HPC bonus for
exceptional design.
The applicant is requesting 3,485 square feet for 920 Matchless and 3,486 square feet for
930 Matchless and to use the 500 square feet as a transfer of development rights for sale
to help finance the project. Ms. Phelan said staffs recommendation is that 920
Matchless be limited to 3,485 square feet for 2 single family residences and 930
Matchless be limited to a single family residence with an ADU of 2,486 square feet and
to be granted the allowance of a 500 square foot bonus.
Councilwoman Richards said she thought the reason the 3,485 square feet exceeds 2,486
square feetlhouse was one of the structures already received a historic bonus. Ms. Phelan
noted because ofthe size of the lots, both lots 5-A and 5-B are big enough to have two
single family residences on each lot. Councilwoman Richards said the 1987 ordinance
limits the amount of FAR. Ms. Phelan told Council the applicant has requested the PUD
allow HPC the ability to waive parking and setbacks when they review this. Ms. Phelan
noted the setbacks for 930 Matchless are in the ordinance and for 920 Matchless, the
ordinances states the existing non-conformity will be allowed to continue. If the existing
structure is torn down, they will meet the setback requirements.
Ms. Phelan said staffs recommendation is that 920 Matchless be allowed 3,485 square
feet total for the lot to be divided between the two single family dwellings and that 930
Matchless for a single family residence plus ADU be allowed 2,486 plus a 500 square
foot HPC bonus. This was also the P&Z recommendation.
Kim Raymond, architect for the applicants, said there was a precedent set with 950
Matchless. Ms. Raymond showed lots 4 A and B. In 2002, 950 Matchless was granted a
500 square foot bonus for lot 4A from HPC and they have 2,986 square feet. Ms.
Raymond showed various renderings with existing houses at 930 and 920 Matchless.
There is a drawing showing proposed floor area. The larger lot can accommodate two
single family dwellings to total 3,485 square feet. Ms. Raymond showed drawings with
scale models of the existing buildings and the proposed buildings.
Ms. Raymond said they modeled this subdivision on 950 Matchless, which received
approval for a subdivision. Ms. Raymond told Council they are requesting what is
allowed under the code for 920 Matchless to have one house with an ADU. On 930
Matchless, the request is for 2,986 square feet plus an ability to create a TDR to help
defray the costs of restoring the historic properties. Ms. Raymond said P&Z would have
granted a TDR.
Christine Dodaro, applicant, told Council when they purchased these properties, they
were not historically designated and were designated after the Dodaros purchased it. Ms.
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Dodaro told Council it is much more expensive to go through the processes than to tear
down and start over. Ms. Dodaro said TDRs were created in 2003 as an incentive for
people with historical designation, and that is why they are asking for 500 square feet to
turn it into a TDR rather than build. Ms. Dodaro told Council when the 1987 ordinance
was adopted, the owners of 4-A and 4-B told them they would be included in this lot split
and they were not.
Councilwoman Richards asked the total available FAR to this ifit were unsubdivided.
Ms. Phelan said in the R-6 zone for 16,425 square foot lot, the FAR would be 4,585 total
square feet in two detached single family dwellings or one duplex. An ADU could be
added. Councilwoman Richards said she cannot get from a currently allowed 5,085
square feet to over 7,000 square feet or granting 2,000 square feet more than is allowed.
Ms. Raymond said the precedent is when lot 4 was split into two lots.
Mayor Klanderud opened the public hearing.
Jackie Kasabach, adjacent property owner, said she feels ADUs should be disregarded as
they are built and not lived in.
Mayor Klanderud closed the public hearing.
Councilman Torre asked if the applicants also represent the Peterson Trust. Councilman
DeVilbiss asked if they can commit for the Peterson Trust. Ms. Phelan said there is a
letter in the application from Shirley Peterson allowing Ms. Raymond to represent her.
Mayor Klanderud said Alan Becker got a 500 square foot bonus, which gave him a total
of 2,986 square feet for his lot. Mayor Klanderud said she does not have a problem with
2,986 square feet but does have a problem with 3,485 square feet. Mayor Klanderud
stated she is troubled by the request to ignore Ordinance #35, 1987, and grant 3,609
square feet of FAR allowed by R-6 zoning and then consider that a TDR that can be sold.
Mayor Klanderud said properties that TDRs were envisioned for already had the FAR
and could have built but were preserving the historical integrity of a smaller house. The
TDR is an incentive to keep the house smaller. This request is to get more FAR and then
turn it to a TDR.
Councilman Johnson said the issue is R-6 zoning versus Ordinance 35,1987.
Councilman Johnson stated he has an issue with 2 single family houses/lot. Ms. Phelan
told Council the language is that each dwelling unit in Alpine Acres shall be restricted to
a maximum floor area of 2,486 square feet. Ms. Phelan said when the applicants
proposed to subdivide the property, stafflooked at the underlying zoning to see what
allowed density would be on the newly created lots. One is allowed two dwelling units
on each of the proposed lots.
Councilman Johnson asked if the 1987 ordinance envisioned 5 lots with 5 structures, each
limited to 2,486 square feet. Ms. Phelan said the ordinance envisioned 5 lots with a total
of 10 dwelling units; the zoning allowed a duplex at that time. Councilman Torre asked
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ifthe lots would be able to split again, 4-A, 4-B and 5-A if the historic landmark allows a
subdivision at 3,000 square feet. Ms. Guthrie said they go could through a historic
landmark lot split, which would not increase the square footage but would allow separate
ownership.
Mayor Klanderud asked if this is a piecemeal approach to amending the PUD. Ms. Phelan
noted only two of the lots from the original Alpine Acres subdivision have a PUD
overlay; lots 1,2 and 3 do not have that PUD overlay. Ms. Raymond said this application
is to make these two lots the same as the lots not under the PUD and lot 4 was previously
subdivided. Ms. Phelan told Council lots 1,4, and 5 had miner's cottages with shared
garages. Mayor Klanderud said there is a PUD in place although some lots are not
included and it was previously amended. Ms. Raymond said the applicants had a meeting
with staff who told them this application was consistent with what happened to lot 4.
Mayor Klanderud stated she has no problem with the lot split but does have issues with
the square footage. Mayor Klanderud said she could approve 2,486 square feet on both
lots and give 930 Matchless a 500 square foot bonus. Ms. Raymond said two single
family dwelling could be 3,485 square feet on 920 and 3,609 square feet on 930
Matchless according to R-6 zoning. Councilwoman Richards said the argument is 2,486
square feet would be the dwelling size under the PUD but ifthe property were
subdivided, the FAR would be from the underlying zoning.
Ms. Raymond said the request is to split lot 5 into two lots of7,000 and 9,000 square feet.
James Lindt, community development department, told Council for lots not in the PUD,
staff made an interpretation that the underlying zoning would apply or 2,486 square
feet/dwelling unit whichever is more restrictive. Through the PUD, Council has the
ability to establish the FAR, which is the basis of the application. Mayor Klanderud
asked ifthere is any more information that would make this situation clearer.
Councilman Torre said he is concerned about the ADU unit on 930 Matchless; the city
has not had success with ADUs. Councilman Torre said he is not interested in seeing
further subdivision on these parcels. Councilman Torre said cannot support granting
TDRs, which would be creating development rights in order to be sold, which is not
where the incentive came from. Councilman Torre said he has problems with how the
FAR is used.
Councilwoman Richards agreed with finding out ifthere is a better way to understand
this application. Councilwoman Richards stated she does not support granting a TDR to
be sold off. This incentive was for larger parcels that already had the FAR to unburden
the site from this floor area. Councilwoman Richards said she would like to know what
is allowed if Council does nothing, and what is the increase in floor area that is created by
allowing this subdivision. Mayor Klanderud said she would like to look at eliminating
the PUD and those consequences. The PUD restrains this lot.
Ms. Raymond said the applicants can accept staff s recommendation of 2,986 square feet
on 930 Matchless and 3,485 square feet on 920 Matchless. Mayor Klanderud stated she
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cannot accept that. Councilman Johnson stated he, too, cannot accept that floor area.
Johnson said PUD is a planned unit development. Ordinance #35, 1987 said the
maximum on this lot was to be 4,972 square feet; the applicant proposes 6,971 square
feet, which is a difference of 1,999 square feet. Staff proposes 6,471 square feet, which
is a difference of 1,499 square feet. Councilman Johnson stated he is also concerned
about the possibility offurther lot splits. Councilman Johnson said the best argument in
favor ofthis proposal is the pattern of existing development but he would like the
questions other Council members have raised to be answered.
Mayor Klanderud stated she can accept 2,486 square feet plus a 500 square foot historic
bonus on lot SA for a total of 2,986 square feet and 2486 square feet on lot 5B.
Councilman DeVilbiss moved to continue Ordinance #11, Series of2006, to May 8;
seconded by Councilman Torre. All in favor, motion carried.
ORDINANCE #14, SERIES OF 2006 - Supplemental Appropriation
Paul Menter, finance director, told Council this is the second supplemental appropriation
of the year; the first being for the Wheeler Opera House. Menter said the proposed
changes to the operation budget of $40.4 million are carry forwards of $2.9 and new
funding requests of $385,497. The capital budget of $36.3 million with carry forward
project of$26.7 million and new requests of$1.9 million for a total of$65.4 million.
The carry forward requests are $9 million for Burlingame, $2.5 million for Little Ajax
and $500,000 for close out costs for Annie Mitchell. The parks and open space monies
are $3.4 million for Smuggler, $3.1 for the water reclamation project and $700,000 Castle
Creek/Rio Grande trail. There is also $3.8 in utility projects and $1.8 general fund AMP
projects; $552,000 transportation and parking, $200,250 in Wheeler and $96,460 for the
Marolt boiler. Menter stated the debt service budget will be decreased by $2 million due
to savings in bond issuance. This amends the 2006 budget of $1 02,435,689 budget to
$132,217,815.
Mayor Klanderud opened the public hearing.
Toni Kronberg requested Council appropriate $50,000 to hire a pool consultant, not an
architect. Mayor Klanderud said the advisory committee should review this and if they
feel a pool consultant is beneficial, the request should come from them.
Mayor Klanderud closed the public hearing.
Councilwoman Richards moved to adopt Ordinance #14, Series of2006, on first reading;
seconded by Councilman Johnson.
Councilwoman Richards said Council has had communications from the Early Learning
Center about the fiscal policies and the overall funding ofthe child care program.
Councilwoman Richards requested a work session on child care issues. Councilwoman
Richards said one issue she would like to discuss is the overhead being charged to child
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care. Councilman Torre asked about the request from the parks department for alley
clearing. Steve Barwick, city manager, told Council the sidewalks crossing alleys are the
city's responsibility to keep clear of snow. This is a difficult area to keep clear and this is
an appropriation request from the parks department. Councilman Torre stated the request
to fund parking meters in the residential area will keep him voting for this ordinance.
Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Torre, no; Richards, yes;
Mayor Klanderud, yes. Motion carried.
Councilman Torre moved to suspend the rules and extend the meeting to 10:30 p.m.;
seconded by Councilwoman Richards. All in favor, motion carried.
RESOLUTION #26, SERIES OF 2006 - Pay Station Purchase Contract
Tim Ware, parking department, told Council when paid parking was instituted in 1995, a
residential component was included. Staff struggled with that component to try not to
affect people visiting residential areas. The solution was a 2 hour parking, which was not
designed for people to go out and move their cars. Ware reminded Council at a work
session in February staff outlined a transportation demand management package to help
relieve congestion. Ware said staff has added a cross town shuttle, changed the
enforcement cycles, increased bus service and traffic congestion continues to grow.
Ware told Council one of the proven tools for traffic congestion is parking management
by means of revenue control with the pay stations. Staff feels this will work in the
residential area. This added area of paid parking will not affect car pools, residential
permits, lodge passes, hybrid vehicles; this will only affect people moving their cars
every two hours. The paid parking is also part of the construction management program
coming forward. Ware told Council there are 800 parking spaces downtown and 350
spaces in the parking garage. Once those are full, visitors have to park farther out of
town. This should help ease that problem. This contract will provide 70 pay stations to
expand the paid parking 3 blocks in each direction for a total of $700,000. The
anticipated revenues should be $260,000 per year.
Councilwoman Richards said she is concerned because she does not see a concurrent
effort to increase transit service. Councilwoman Richards said there needs to be an effort
to provide more mobility. There needs to be cohesion for new measures and new
alternatives to get people out of their cars. This proposal does not offer those. Council is
proposing a dialogue with the public on the entrance to Aspen. The biggest incentive in
the previous package was an enhanced transit program. Councilwoman Richards said she
has problems expanding the parking without working with partners in transportation to
increase those programs.
Councilman Torre stated he does not support this purchase; there are other ways to get
this done. Councilman Torre said he would like to see more people buying the $5 pass
rather than installing meters. Councilman Torre stated he prefers enhanced underground
parking. Councilman Torre asked if there will be more staff. Ware said this proposal
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makes enforcement easier and will not require more staff. Ware said people can still
purchase the $5 pass. Councilman Johnson said he feels paid parking has been
demonstrated to be a successful part of transportation demand management.
Councilman DeVilbiss said the city enacted a paid parking program when they were
concerned about the amount of traffic coming into town. That program has been
successful; ridership on RFTA increased, and the traffic increases stopped. Councilman
DeVilbiss stated for these reasons he is in favor of purchase of more parking stations.
Councilman DeVilbiss asked ifthere will be a public hearing on expanding paid parking.
Councilman Johnson said he would like the public to weigh in before staff spends
$700,000 on more parking meters. Councilman DeVilbiss said he does not want to
render the public hearing on expansion of paid parking meaningless by approving this
contract. Councilman DeVilbiss said the purchase is contingent on approving the fee
ordinance on May 8th.
Mayor Klanderud said she received 17 e-mails opposed to expanding the paid parking
and 2 in favor. Mayor Klanderud said she received 2 verbal comments opposed to
expanding paid parking. Mayor Klanderud said the city needs to be clear that some
people are using different rules for this parking area and moving their car or rubbing the
chalk off their tires and not paying. Mayor Klanderud said another consideration is when
this parking is extended, the parking into residential neighborhoods will expand farther.
Mayor Klanderud stated people feel entitled to free parking. There needs to be
enforcement. Mayor Klanderud said she is not sure expanding paid parking is the
answer. Councilman DeVilbiss agreed with comments stating this is a band aid;
however, that is all the city can do right now. Any major action on traffic is years away.
Councilman Johnson moved to approve Resolution #26, Series of 2006, and not have
staff sign the contract until after the public hearing on the fee ordinance; seconded by
Councilman DeVilbiss. All in favor, with the exception of Council members Torre and
Richards. Motion carried
616 WEST MAIN HISTORIC PRESERVATION LOAN
Amy Guthrie, community development department, said this is a request for a $25,000 no
interest historic preservation loan to Jennifer Fleetwood, 616 West Main. This request is
to refurbish the structure. This is an incentive for owners of historic buildings without
any development application. The finance department has constructed a way to payout
actual expenses for the work.
Councilman DeVilbiss moved to authorize allocation of funds from unbudgeted general
fund reserves towards a rehabilitation loan for replacement of the roof and repainting on
the landmark structure at 616 Main; the loan not to exceed $25,000 to be determined by
actual costs incurred for the improvements as submitted to the finance department and the
city attorney's office shall execute appropriate paperwork to ensure timely replay of the
loan; seconded by Councilwoman Richards.
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Councilwoman Richards asked for a report from staff on the repayment rates for previous
historic preservation loans. Mayor Klanderud asked staff to look into higher loans due to
the increase in property values and the importance to the community of preserving
historic structures.
All in favor, motion carried.
RESOLUTION #28, SERIES OF 2006 - Purchase of Aspen Mass
John Worcester, city attorney, said this authorizes the payment of $600,000 to purchase
Aspen Mass from Pitkin County. Aspen Mass was jointly purchased by the city and
county several years ago. The resolution refers to 3 TDRs, 2 of which will come to the
city and 1 will go to Pitkin County in return for placing a conservation easement over the
parcel, which has 3 development rights. Worcester noted the 3rd TDR is a county TDR
and may not land in the city other than at Burlingame, which was authorized as part of
the pre-annexation agreement.
Councilwoman Richards said when this is complete, the housing fund will be repaid and
asked if that includes interest on the $1 million. Steven Ellsperman said the interest is the
TDRs. Councilwoman Richards asked if the housing fund will own the TDRs.
Worcester said that has not been agreed to by Council. Councilwoman Richards said this
money was taken out of the housing fund for 6 or 7 years and it is important that the
housing fund be reimbursed interest on this money. Councilwoman Richards noted this
property is being sold to the open space fund for the same amount it was purchased in the
1990's. The city did not get an appraisal for what it is worth in 2006. Councilwoman
Richards said it is wrong to ask the housing fund to forego both appreciation and interest.
Councilwoman Richards said there has been no commitment to do the right thing with
housing fund monies.
Councilwoman Richards asked the interest on this loan. Paul Menter, finance
department, said he calculated the interest at $600,000 and the city's share at $375,000.
Two TDRs would about equal that amount. Councilman Johnson said it is important for
funds to repay other funds.
Councilwoman Richards moved to approve Resolution #28, Series of2006, for the
purchase of the Aspen Mass property with the understanding that the city's 2 TDRs will
be owned by the housing fund; seconded by Councilman DeVilbiss. All in favor, with
the exception of Councilman Torre and Mayor Klanderud. Motion carried.
RESOLUTION #32, SERIES OF 2006 - In Support of Roadless Areas
Councilwoman Richards said a group has been convened, Citizens for Roadless Area
Defense, noting it is important to go on the public record when the state task force holds
public meetings in June. The Clinton administration inventoried all the currently roadless
area in forest service ownership. There is a citation of all those acres that come from that
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April 24, 2006
inventory. The Clinton administration passed a rule that all roadless areas remain so.
President Bush ran on a campaign that he would leave those areas roadless.
That rule has been rescinded and it is up to individual state's governors to make that
recommendation. Some governors have said they would like all roadless areas to remain
under state protection. Colorado's governor decided to hold public hearings.
Councilwoman Richards said this resolution will be presented to every local government
within and near the White River national forest.
Councilman DeVilbiss stated he supports maintaining roadless areas however, he would
like to see the inventory on which these numbers of acres is based. Councilman
DeVilbiss said the resolution states 96,000 public comments were received and he would
like to know where that number came from. Councilwoman Richards said the resolution
can be amended to delete these specific numbers.
Councilman Torre moved to approve Resolution #32, Series of 2006, with fact checking
and numbers checking; seconded by Councilman DeVilbiss. All in favor, motion carried.
MINUTES - April 10, 2006
Councilwoman Richards moved to approve the minutes of April 10, 2006; seconded by
Councilman Torre. All in favor, motion carried.
ORDINANCE #19, SERIES OF 2006 - Enacting a Temporary Moratorium
Councilman Johnson said the land use code is the city's legal tool to implement the
AACP and the goals and visions ofthe citizens. Councilman Johnson said since he has
been voting as a Councilperson, he has seen several projects that stray from the AACP.
Councilman Johnson stated in re-reading the land use code and the AACP, he finds areas
in the land use code that are not helping the city achieve their goals and some areas that
are preventing achievement ofthese goals. Councilman Johnson opined the land use
code needs to be rewritten to better codify the goals of the Aspen Area Comprehensive
Plan. Councilman Johnson stated time is necessary to do that and only a moratorium will
give the city that time. Councilman Johnson said the code prevents the city meeting their
goals in residential multi-family demolition and replacement. Using code sections, it is
unlikely that the affordable housing goals can be met. Councilman Johnson stated locally
serving businesses are being lost faster than they can be replaced, which is the opposite
goal of both the AACP and the economic sustainability report.
Councilwoman Richards said it is difficult to tackle an issue as large as this. The tool of
moratorium exists so that local governments can have a chance for thorough, open and
public dialogue about those issues without applications pouring in while revisions are
being considered. Councilwoman Richards noted Council recently adopted an
emergency ordinance cutting the growth rate from 37 to 18 residential allotments/year.
Councilwoman Richards said at that time, she asked staff if there were exemptions from
the 18 units/year and were told there were no other exemptions. It now appears
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April 24, 2006
subdivisions are exempt and do not count towards growth. Councilwoman Richards said
she would like time to make sure the big picture is not being missed and take time to
review the city's goals.
Councilwoman Richards stated a lot of good work went into the infill code amendments
and she agrees with many of the principles of in fill. Councilwoman Richards noted
market values are much higher than when the infill code amendments began.
Councilwoman Richards said the concessions in the code amendments may have been too
much. Councilwoman Richards said she would like to be able to review these
concessions. Councilwoman Richards said for her one issue is the rate of growth.
Councilwoman Richards said she does not want to see another summer shaping up as this
one is. Councilwoman Richards stated the rate of growth is higher than the I or 2%
expected by the code and the community. Councilwoman Richards said rather than
review projects under a code that is not right, she would prefer to approve a moratorium
and work to change the codes.
Councilman Johnson said the proposal is a 6 month moratorium on accepting new
applications in the commercial, lodge and RMF districts.
Councilwoman Richards moved to read Ordinance #19, series of2006; seconded by
Councilman Torre.
Councilman DeVilbiss said the march towards second homes is a problem for the
community. Councilman DeVilbiss stated he would like to include a moratorium on the
issuance of building permits, which would have an immediate impact on slowing the
growth and giving a measure of peace to the city. Councilman DeVilbiss stated he wants
to make certain that section 26.470.040(3) incentive lodge development is part of any
moratorium adopted.
Mayor Klanderud stated it is not good timing for a moratorium. Mayor Klanderud agreed
each Councilperson has several concerns about issues in the land use code. Mayor
Klanderud said the city has tools to deal with those concerns. Mayor Klanderud stated
she cannot support a Draconian measure like a moratorium. Mayor Klanderud said she
does not support exempting essential public facilities. Mayor Klanderud said if the a
project does not get the community what they want, Council should say no to that
proposal.
Councilman Torre moved to suspend the rules and extend the meeting to II p.m.;
seconded by Councilman DeVilbiss. All in favor, motion carried.
Councilman Torre stated this is a convergence of a lot of factors and he supports a 6
month moratorium. Councilman Torre said code revision is one reason for this
moratorium, the impact of construction is another reason. Councilman DeVilbiss said he
would amend the ordinance to include scrape and replacement development, omitting
Smuggler Park, to include issuance of building permits and to make sure section
26.470.040(3) incentive lodge development is included.
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April 24, 2006
Councilman Johnson stated he supports the spirit of in fill and worked hard on it.
Councilman Johnson said what infill has done is not what he envisioned. Councilman
Johnson stated he wants the tools ofthe Aspen Area Comprehensive Plan and the land
use code to be in accordance with one another so that Council can deny projects that do
not fit the goals. Councilman Johnson said all Council is concerned about the direction
Aspen is going and about the rate and pace of growth.
Councilwoman Richards said it is appropriate to leave essential public facilities out of the
ordinance. Councilwoman Richards noted this moratorium deals with zones that were
affected by infill amendments and all of those have components of reduced mitigations or
increased F ARs. The applications would have requests for changes in use, increased
FAR. The essential public facility applications do not have commercial aspects; they do
not have a change in use. The only two essential public facilities that might have
applications right now are the recycling center to keep a recycling center and a fire
station to keep a fire station. Councilwoman Richards said she does not intend to use the
moratorium as a pacing device but as a chance to fix the code. Councilwoman Richards
stated she is looking to find a measured approach. It is important to separate the issues.
Scrape and replace development is a separate issue. Councilwoman Richards said she
supports a moratorium on those portions of the code affected by the infill code
amendments.
Councilwoman Richards stated if the moratorium is defeated, she would move to direct
the community development department to develop a program to hire outside consultant
to begin this review as outlined without a moratorium. It is Council's obligation to
undertake this work.
Councilman Torre stated he cannot accept a building permit moratorium. Councilman
Torre said he is willing to hear more discussion at the second reading about that
moratorium. Councilman Torre said he can accept an addition of a condition to hire an
outside consultant to review the land use code.
All in favor, with the exception of Mayor Klanderud. Motion carried
ORDINANCE NO. 19
(Series of 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
IMPOSING A SIX MONTH TEMPORARY MORATORIUM ON THE ACCEPTANCE
OF ANY NEW LAND USE APPLICATION SEEKING A DEVELOPMENT ORDER
AND ON THE ISSUANCE OF CERTAIN BUILDING PERMITS FOR PROPERTY
LOCATED IN THE RESIDENTIAL MULTI-F AMIL Y (R/MF), RESIDENTIAL! MULTI-
FAMILY (R/MFA), COMMERCIAL CORE (CC), COMMERCIAL (C-I), SERVICE/
COMMERCIAUINDUSTRIAL (S/C/I), NEIGHBORHOOD COMMERCIAL (NC),
MIXED USE (MU), LODGE (L), COMMERCIAL LODGE (CL), LODGE OVERLAY
(LO), LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICTS OF THE CITY OF
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April 24, 2006
ASPEN, (EXCEPTING THEREFROM LAND USE APPLICATIONS FOR ESSENTIAL
PUBLIC FACILITIES); AND, DECLARING AN EMERGENCY.
Councilwoman Richards moved to adopt Ordinance #19, Series of 2006, on first reading;
seconded by Councilman Johnson.
Councilwoman Richards said she feels second consideration would be a more appropriate
time to add a moratorium on all building permits. The action would the table would close
the door on activities in the infill-affected zones and give the city time to revise the
codes. The next level would be to do that as well as issuing any building permits and the
third level would be a moratorium on replacement of single family houses.
Councilwoman Richards said she is only interested in the motion on the table.
Councilman DeVilbiss suggested Council vote on each of his amendments.
Councilman Johnson stated he is okay with adding the incentive lodge development,
okay with requiring a consultant. Councilman Johnson said he would prefer to see scrape
and replace in a separate ordinance and would consider it. Councilman Johnson said he
has a problem with not issuing building permits to projects that are already approved.
Mayor Klanderud said Aspen is going into construction season and to say no building
permits would wipe out this season.
Councilwoman Richards moved to amend Ordinance #19, Series of2006, to specifically
include the incentive lodge district and to include the community development
department to develop a request for proposals to hire independent consultants/professions
to assist in reviewing and potentially rewriting portions of the code sections; seconded by
Councilman DeVilbiss. Roll call vote; Councilmembers Richards, yes; Johnson, yes;
DeVilbiss, yes; Torre, yes; Mayor Klanderud, no. Motion carried.
Councilman DeVilbiss moved to amend Ordinance #19, Series of2006, to add scrape and
replacement development in the moratorium excepting Smuggler Park; seconded by
Councilman Johnson.
Councilwoman Richards said the moratorium ordinance applies to commercial and
residential multi-family. Councilwoman Richards stated she cannot support scrape and
replace moratorium on single family residential. Councilwoman Richards said Council
has directed staff to work on a pacing mechanism and she supports an appropriation to
hire help to write that code amendment. Councilman Johnson said he will support this to
hear more about it at the second meeting.
Roll call vote; Councilmembers Torre, yes; DeVilbiss, yes; Johnson, yes; Richards, no;
Mayor Klanderud, no. Motion carried.
Councilman DeVilbiss moved to amend Ordinance #19, Series of2006, to include a
moratorium on the issuance of all building permits for six months; seconded by
Councilman Johnson.
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April 24, 2006
Councilman Torre moved to suspend the rules and extend the meeting to 11 :30 p.m.;
seconded by Councilman DeVilbiss. All in favor, motion carried.
Councilwoman Richards stated this should be a separate moratorium. Councilwoman
Richards said she cannot support a moratorium on building permits on already approved
projects. Councilman Johnson asked if Councilman DeVilbiss could conceive of
exempting already approved projects. Councilman DeVilbiss said he would like this
amendment to get this to second reading for more discussion.
All in favor, with the exception of Councilwoman Richards and Mayor Klanderud.
Motion carried.
Councilman DeVilbiss moved to adopt Ordinance #19, Series of2006, as amended
above; seconded by Councilwoman Richards. Roll call vote; Councilmembers Torre,
yes; Richards, yes; Johnson, yes; Councilman DeVilbiss, yes; Mayor Klanderud, no.
Motion carried.
Councilman Torre moved to go into executive session at 11 :20 p.m. on two separate
issues; acquisition of property pursuant to C.R.S. 24-6-402(4)(a) and conference with
counsel pursuant to C.R.S. 24-6-402(4)(b); seconded by Councilman DeVilbiss. All in
favor, motion carried.
Councilman DeVilbiss moved to come out of executive session at II :45 p.m.; seconded
by Councilman Torre. All in favor, motion carried.
Councilman Torre moved to adjourn at II :45 p.m.; seconded by Councilwoman
Richards. All in favor, motion carried.
~~
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