HomeMy WebLinkAboutminutes.council.20070227
Continued Meetinl!
Aspen City Council
Februarv 27, 2007
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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.
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Continued Meetinl!
Aspen City Council
Februarv 27, 2007
Mayor Klanderud opened the public hearing.
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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.
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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.
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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.
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Continued Meetinl!
Aspen City Council
Februarv 27, 2007
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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
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Mayor Klanderud moved to reconsider Ordinance #49, Series of 2006; seconded by
Councilman Johnson. All in favor, with the exception ofCouncilrnan Torre. Motion
carried.
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Continued Meetinl!
Aspen City Conncil
February 27, 2007
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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.
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