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HomeMy WebLinkAboutminutes.council.20070227 Continued Meetinl! Aspen City Council Februarv 27, 2007 '~ Mayor Klanderud called the continued meeting to order at 4:05 p.m. with Councilmembers Johnson, DeVilbiss and Torre present. Mayor Klanderud requested Council's concurrence to add two items; approval of a letter to Gail Schwartz regarding oil and gas impacts as well as a motion to reconsider the action on Ordinance #49, Series of2006, the Wienerstube redevelopment. Council agreed. ORDINANCE #3, SERIES OF 2007 - Extension of the Moratorium on Land Use Applications Chris Bendon, community development department, noted this ordinance extends the moratorium to April 30th and addresses applications that are in the pipeline. Bendon said this is an emergency ordinance. The ordinance proposes to exempt projects that are eligible for a development order or that may become eligible for a development order, also called pipeline projects. Bendon presented two tables; projects that have gone through all planning reviews and have received a development order and a list of projects that are in a phase of planning review but are not yet eligible for a development order. Bendon said the reason for proposing this as an emergency ordinance is so that it will become effective immediately rather than take 30 days to become effective. Bendon stated staff feels it is critical for due process of community discussion regarding the land use issues to pass the ordinance and not disrupt the land use discussions. Bendon pointed out there is a request to also exempt public projects. Bendon said this request came from a potential affordable housing project on Park Circle. Bendon said the land use issues on that project are the same issues that created the impetus for the moratorium, heights, densities, floor area ratios, etc. Bendon said one of the primary drivers behind the moratorium is a disappointment in the private sectors' performance. regarding community goals. As a public agency whose mission is different than the private sector, the applicability could be seen as different for a public/private partnership. Bendon told Council there are more and more people who want to submit for building permit and an increasing frustration. Bendon told Council staff is working as hard as they can. Bendon noted for submission of building permit, there has been a tradition of first come, first serve. The building department has recently implemented a sign up and the wait list has already gone to 3 weeks. There are submittal hours for small projects and staff is considering a wait list for all submittals. Councilman Johnson asked about a possible construction mitigation plan. Bendon said as part ofthe review for building permit, there would be a sophisticated construction management planning requirement to address construction impacts. As part of that, there may be a system for acknowledging projects in close proximity to each other, like a requirement to operate concurrently or a requirement to not start until one project is a percentage of complete. Bendon said he feels the negotiations of a construction management plan would need to be done prior to submission for a building permit. I Continued Meetinl! Aspen City Council Februarv 27, 2007 Mayor Klanderud opened the public hearing. - Ron Erickson, housing board, told Council the housing board sent a letter to Council asking for an exemption from a proposed project at Park Circle to allow this project to get into the process. Erickson said the housing board feels this is an essential public project representing a total of22 affordable housing units, 4 of which are new. Erickson said this will be a PUD, which requires a 4 step process. Michelle Bonfils, representing Primepoint II, said they are excited about a partnership with the housing authority and about providing affordable housing above the mitigation requirement. Ms. Bonfils said they would like to be exempt from the moratorium. Mary Ellen Sheridan said it is difficult to find buyers willing to put this much back into the community. Ms. Sheridan said she has been working with Primepoint II for 18 months to put this partnership with the housing department together. David Mylar encouraged Council to adopt the exemptions as proposed in this ordinance, particularly those projects that have received development orders. Mylar said it may be appropriate to let some projects through in order to reduce the jam when the moratorium is lifted. Mylar told council he represents the owners of Hannah Dustin building, which has had a development order since last spring. Mylar reminded Council this is a mixed use project with 2 free market, 3 affordable units and 4300 square feet of office space. Mylar noted the residential portion of the project is exempt from the moratorium and the commercial is not and cannot apply for a building permit. ..<...- Sunny Vann encouraged Council to exempt projects that have received vested rights. Vann noted the Hotel Jerome is caught in the first moratorium even though they were exempt from the second moratorium. Vann said the Hotel Jerome is closing after ski season and it would be a hardship ifthey cannot start right away to get complete by the next season. John Elmore, representing the residential portion of the Hannah Dustin, told Council they are close to starting the project and there are short building seasons with which to work. Elmore said it makes sense to be able to start foundations in the spring. Elmore noted this project was in the process before the moratorium was enacted. Bob Bowden asked if a project has been approved and has received their development order, nothing in the approval will change after the moratorium. Bendon said generally having vested rights protects one from changes in the land use code. Cindy Christensen, housing office, told Council the proposed project at Park Circle will cost the taxpayers no money. There will be a new building with 22 affordable units and sub grade parking. -.. Mayor Klanderud closed the public hearing. Mayor Klanderud stated she supports the amendments to the moratorium although there is concern about getting new land use regulations in place by the construction season. Mayor Klanderud said the exemption should be broader for public/private partnerships than just the one proposed at Park Circle. Councilman Johnson said he would like the square footages for the pipeline projects. Councilman Johnson said he cannot support exempting a public/private partnership when other projects are not being exempted. 2 Continued Meetinl! Aspen City Council Februarv 27, 2007 ""."~ Councilman Johnson suggested this be continued until there is a full Council and more information on the pipeline projects. Councilman DeVilbiss moved to continue Ordinance #3, Series of2007, to February 28, 2007 at 3 p.m.; seconded by Councilman Johnson. All in favor with the exception of Mayor Klanderud. Motion carried. CARPET REMOVAL AT OLD YOUTH CENTER Junee Kirk said in November Council approved the Aspen Social Dance to use and hold social events at the old youth center and $5,000 was to be matched by Aspen Social Dance. This money was to remove the carpet and install sound baffles. Ms. Kirk requested the city contribute up to $9,000 for additional acoustical panels and removal of the entire carpet. This will allow the space to be used for music, theatre, dance and public meetings. Ms. Kirk requested approval for the project and for the finance department to accept tax deductible contributions to the Aspen Community Social Dance for this project. Mayor Klanderud noted that there is a joint meeting with the Board of County Commissioners next week and the Commissioners have requested input on this project. Mayor Klanderud said one important issue to her is that whatever is done in the Rio Grande room that it be usable by all groups who might use this room as well as by the city and county governments. Alice, from Basalt, requested approval so there will be a space that families and teenagers can dance. Alice said this should be high quality and attractive. Kent Reed, Hudson Reed Ensemble, said this is a lovely room and should be used as much as possible. Doug Lee supports getting dance in the old Youth Center. Steve Barwick, city manager, suggested if Council is interested in this project that since this is a public building that the city pay for and manage the project. Mayor Klanderud agreed ifthis is a community benefit and available to the entire community, that the city pay for it. A community space does not belong to any particular group. Councilman Torre agreed the city has to maintain management of this space. Councilman Johnson said he would like staff to move with appropriate speed to accomplish this project after Council hears from the BOCC. Councilman DeVilbiss agreed this is a public space in a public building and if it can be better used, that is the right thing to do. LETTER TO SENATOR GAIL SCHWARTZ - Oil and Gas Impacts Councilman Torre moved to approve sending a letter to Senator Schwartz regarding oil and gas impacts; seconded by Councilman DeVilbiss. All in favor, motion carried. ORDINANCE #49, SERIES OF 2006 - 307 S. Spring (Wienerstube) Redevelopment ,.._. Mayor Klanderud moved to reconsider Ordinance #49, Series of 2006; seconded by Councilman Johnson. All in favor, with the exception ofCouncilrnan Torre. Motion carried. - 3 Continued Meetinl! Aspen City Conncil February 27, 2007 .p-'. "- Councilman Johnson moved to continue Ordinance #49, Series of 2006, to April 23, 2007; seconded by Mayor Klanderud. All in favor, with the exception of Councilman Torre. Motion carried. Councilrnan Johnson moved to continue the meeting to February 28,2007 at 3 p.m.; seconded by Councilman Torre. All in favor, motion carried. Council left Chambers at 5:40 p.m. s~1;/if~~ - - 4