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HomeMy WebLinkAboutminutes.council.20070910 Rel!ular Meetinl! Aspen City Council September 10. 2007 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 3 . Resolution #73,2007 - Meter Replacement Contract ............................................ 3 . Resolution #74, 2007 - Piano Purchase Wheeler Opera House .............................3 . Resolution #75,2007 - Amended Housing Authority IGA .................................... 3 . Ordinance #30, Review........................................................................................... 3 . Minutes - August 27, 2007.....................................................................................3 RESOLUTION #75,2007 - Amended Housing Authority IGA ........................................ 3 ORDINANCE #30 OPTIONS ............................................................................................4 ORDINANCE #36, SERIES OF 2007 - North of NeIl PUD Amendment ........................9 FIRST READING OF ORDINANCES............................................................................ 10 . Ordinance #39, 2007 - Parking Rate Increase...................................................... 10 . Ordinance #40,2007 - Expansion of Residential Parking Area .......................... 10 . Ordinance #41,2007 - Supplemental Appropriation ........................................... 10 ORDINANCE #41, SERIES OF 2007 - Supplemental Appropriations ..........................12 ORDINANCE #28, SERIES OF 2007 - 520 East Cooper Avenue Subdivision .............13 1 Rel!ular Meetinl! Aspen City Council September 10. 2007 Mayor Ireland caIled the meeting to order at 5:05 p.m. with Councilmembers Skadon, Romero, DeVilbiss and Johnson present. Mayor Ireland announced that the Ordinance #30 discussion is on the consent calendar; it wiIl be puIled for Council and staff to respond to comments from the community. It is not a public hearing. CITIZEN PARTICIPATION 1. Bill Wiener said "Great cities are the result of comprehensive planning. Others are the result of haste and greed". Wiener said Aspen has the opportunity to do some great planning. The Lodge at Aspen Mountain, redevelopment of lift one, and the Lift One lodge are 3 separate projects going through separate approval processes. Wiener suggested Council determine these 3 projects be planned with a unified, integrated solution. Wiener said Council has the power to make this happen, that a comprehensive plan integrating all 3 projects should be developed and then they can be separately approved. 2. Andrew Kole announced Friday is homecoming at Aspen High School and a Friday night footbaIl game. Kole urged the community to go out and support the high school footbaIl team. Kole said he though the Housing summit was weIl done. Kole said he made a film about Ordinance #30 which wiIl be shown at the Wheeler next week. 3. Marilyn Marks thanked staff for getting a sound system in the Council Chambers. COUNCILMEMBER COMMENTS 1. Councilman Skadron thanked Nancy Lesley and other staff for putting on the community picnic. It was a great event. 2. Mayor Ireland said he participated in the Ride for the Cure as both a volunteer and as a rider. Mayor Ireland commended the event and the volunteers who were everywhere providing direction, water, food, sweeping the course. Mayor Ireland said one of the rules of Ride for the Cure is that one caunot ride without a helmet, which helped to keep the mishaps to bruises. 3. Mayor Ireland announced Council is planning a foIlow up to the housing summit so the city can develop an action plan. Mayor Ireland said the city has a deficit in affordable housing and Council needs to look at steps to address this. 4. Mayor Ireland said he cannot attend the ACRA board meeting as it conflicts with the Governor's transportation panel. Councilman Skadron wiIl attend the ACRA board meeting in his stead. 5. Mayor Ireland said the state transportation advisory committee meets Friday in Denver and he wiIl be attending that meeting. 2 Re!!ular Meetin!! Aspen City Council September 10. 2007 CONSENT CALENDAR The consent calendar is: . Resolution #73, 2007 - Meter Replacement Contract . Resolution #74, 2007 - Piano Purchase Wheeler Opera House . Resolution #75, 2007 - Amended Housing Authority IGA . Ordinance #30, Review . Minutes - August 27, 2007 Mayor Ireland puIled Resolution #75, the Housing IGA. Councilman Romero asked if the $950,000 costs for replacing the parking meters includes labor. Tim Ware, parking department, said it does. Councilman Romero asked ifthe payment is over 4 years. Ware said it is over 4 years at 7% interest. Councilman Skadron asked ifthe price ofthe piano dropped from $76,000 to $71,000 because of an advertising aIlowance. Gram Slaton, Wheeler, said the lower cost is a sponsorship package including having a Steinway in the Wheeler lobby during the summer music festival and other sponsorship perks. Councilman Romero asked what is being done with the Baldwin. Slaton said it is with a piano tuner in the vaIley. It has crack in the sound board and other serious problems and if it can be fixed, it wiIl be sold. Councilman Skadron moved to approve Resolution #73, 2007 - Meter Replacement Contract and Resolution #74,2007 - Piano Purchase Wheeler Opera House; seconded by Councilman Romero. AIl in favor, motion carried. RESOLUTION #75, 2007 - Amended Housing Authority IGA Mayor Ireland asked ifthere were referral comments from the county on these changes. Tom McCabe, housing director, said the county's comments are included throughout the document. McCabe noted the IGA uses several different terms to refer to housing strategic or master plans. The agreement settles on the county's strategic plan with a housing component. Mayor Ireland asked how the housing department got the referral comments from the county. McCabe said staff met with the BOCC and went over the amended agreement. McCabe told Council the minor update includes the state statutes regarding implementation of jurisdictional ability to raise revenues. Mayor Ireland said "affordable housing" has been replaced with "employee housing" and he feels that "affordable housing" is more inclusive to include retirees and people who are self- employed. McCabe said his preference is "work force" housing. McCabe said "affordable housing" has come under scrutiny when some units approach $ 1 million. 3 Re!!ular Meetin!! Aspen City Council September 10. 2007 Councilman Romero agreed the AACP should be the guiding document and that partnering for purchase of property outside Pitkin County should be deferred. Mayor Ireland agreed the AACP is more comprehensive and should be updated within the year to make it more current. Mayor Ireland moved to approve Resolution #75, Series of2007 - Amended Housing IGA leaving affordable housing until Council can come up with a better term and incorporating the Aspen Area Community Plan as the guiding document; seconded by Councilman Johnson. Mike Maple said he did not see a lot of private sector represented at the housing summit. Maple said he feels it is important that the private sector provide housing solutions. Maple said he did not hear a discussion about the magnitude of housing subsidies. Maple said the amount of subsidies are absurd. Maple cautioned Council to be careful about burdening development with employee housing mitigation. AIl in favor, motion carried. ORDINANCE #30 OPTIONS Amy Guthrie, community development department, noted staff outlined 4 options on how to move forward based on discussions from the last work session. Ms. Guthrie said option 1 is to maintain status quo of the current ordinance and proceed with the task force and survey worked discussed August 26th including funding to bring in consultants and temporary help. Ms. Guthrie pointed out the pros are that this can begin immediately and can be completed in the next 6 months. The cons are Ordinance #30 wiIl be in effect without amendment and property owners wiIl be in limbo for the next 6 to 12 months. Option 2 is to keep Ordinance #30 as is and direct staff to bring forward substantive amendments like super majority, length of time a determination of no historic resource remains valid and minimum age for designation without owner consent. Ms. Guthrie said the pros of this are immediate changes can be made. A negative is that there would not be a policy task force appointed to review issues and to suggest code amendments that have not been analyzed. Ms. Guthrie said stafffeels Option 3 would be most appropriate and would revise Ordinance #30 to only apply to a specific list of potentiaIly eligible properties. This is the research list that has been developed and has been circulated based on some staff work. This would narrow the field by 95%. Staff has assumed the ordinance applies to every structure not historicaIly designated, which is about 2100 properties. Under option 3 that list would be narrowed down to less than 100 structures. The argument against option 3 is that the list becomes a static document. Ms. Guthrie said staff recommends appointment of a task force under any of the options. AIl of the options require code amendments. Ms. Guthrie said under option 3 staff would also recommend if a list is adopted, no properties can be added to that list for 10 years. Ms. Guthrie said staff proposes a "super majority", which has been discussed by Council. 4 Re!!ular Meetin!! Aspen City Council September 10, 2007 Ms. Guthrie proposed a "minimaIly intrusive" standard which would be a trigger for a property being drawn into Ordinance #30. Option 4 is to repeal the ordinance which would revert to the 2002 regulations, which aIlows designation of properties 40 years old without owner consent. The task force and economic policies could still be established to evaluate whether there are issues with the existing regulations. The pros of this are a number of structures will be eliminated from consideration because they are not 40 years; however, this may not eliminate as many as Option 3. The cons are that no property is protected unless the city initiates designation and it is not certain what wiIl trigger initiation of such applications. Ms. Guthrie told Council staff could go to HPC in September; P&Z in October and Council adoption of ordinance review and code amendments in October. Mayor Ireland asked what approvals are required for minor modifications. Ms. Guthrie said that depends on occupancy and use of buildings; residential and commercial are treated differently. Ms. Guthrie said the way Ordinance #30 is written implies one cannot make any alternations to the exterior of a building without having to go through determination on historic significance. Ms. Guthrie said staff will have to look at the magnitude of requests for exterior remodeling, what may be irreversible or not. Councilman Romero asked about the fair compensation with an involuntary designation. Ms. Guthrie said it will be a great mission for the economic task force; what would be the analysis, how the city would arrive at compensation. Councilman DeVilbiss said he is leery of a super-majority in the code for any purpose and leery of what other purposes it might be used. Councilman DeVilbiss said introducing a super-majority gives him pause; if a majority works, why have a super-majority. If there are standards for historic designation, why is a super majority needed. Councilman Romero said he likes option 3 and making amendments through the standard methods as outlined in the code. Councilman Romero said an accelerated time line through the HPC and P&Z and Council could be used. Councilman Romero said he feels a super-majority in an involuntary designation is appropriate. Councilman Romero stated he likes the 10 year no disturbance as surety for a property. Councilman Romero said when those are in place, the city can begin education and try to gain consensus of terms regarding to historic designation and consensus on how those terms apply. Councilman Skadron asked why the principles in option 3 were not included in Ordinance #30 when adopted. Ms. Guthrie said staff was not originaIly in favor of a list concept and Council discussed the list versus a broad application at length. Ms. Guthrie said staff felt broader discussion to look at each site to understand the history was the correct way to go. Ben Gagnon, community development department, said Ordinance #30 was processed as an emergency ordinance and some people believe it was an emergency and some do not. Councilman Skadron said he sees some merit in option 4 as he is not sure he would have voted the way he did. 5 Re!!ular Meetin!! Aspen City Council September 10, 2007 Mayor Ireland said Council has had a lot of comment on Ordinance #30. Mayor Ireland agreed with staff that the city should create rules as soon as possible to define what minimaIly intrusive upgrades are. Mayor Ireland supports the notion of requiring consideration of economic impacts prior to historic designation. Mayor Ireland said if something is of extreme historic interest, the city should not have to pay to preserve it. Mayor Ireland agreed the standards for designation should be high for properties less than 40 years old. At the original hearing on this staff stated that properties less than 40 years old should be of clear historic value. Mayor Ireland said history's judgment is less certain at 30 years that at 40 or 50 years. Mayor Ireland stated he supports a multi-year designation so that one does not have to worry about designation every year. Mayor Ireland said he supports the creation of a list to create more certainty and to focus on the properties the city wants to save. Mayor Ireland said the history of democracy embodies the concept of a super majority when there is the danger of irreparable harm or drastic change. Mayor Ireland said he is not afraid of a super-majority as a standard until the community arrives at high standards for determining historic characteristics for a property. Mayor Ireland said the current standards are adequate for a building that is 40 to 50 years old; a 30 year old structure needs higher standards. Craig Ward said he likes option 3 as it removes a cloud from 96% of property owners which mayor not be on the list. People can record a 10 year certificate that they may do with their house what they want. Aunette KeIler asked for a definition of compensation; wiIl the city pay the difference between current property value and a lower value due to historic designation. Will one pay property tax on the current value or the lowered value, will this decrease one's estate tax. Mayor Ireland said if one is subject to a restriction that devalues their property as shown by an appraisal, the estate and property taxes takes that into account. Mayor Ireland said the task force will make recommendations on change in value, compensation, how to determine a change in value. Mayor Ireland said there is a package of incentives that can be offered to a property owner in return for a voluntary historic designation. The citizen's task force wiIl look at how to enhance the package to make it work better. Toni Kronberg said the adoption of Ordinance #30 has been in response to the AACP and its goals. Ms. Kronberg said whatever option Council chooses, they should not lose sight of the goals. Ms. Kronberg stated her concern is if a list is created, by what will it be judged. Marilyn Marks said the development of new criteria wiIl be an involved process and a process of education, which will take awhile. Ms. Marks said in the meantime there are a lot of properties in limbo and it wiIl be good to have a super-majority requirement for involuntary designation. Ms. Marks said there should be assurance of fair compensation. Ms. Marks said HPC and Council should make their best judgment and not leave properties in limbo regarding fair market compensation. Mike Maple said these are interim measures and the critical points are super majority and fair value consideration. Maple said one of the parts of option 3 is an update to the list of proposed structures and he would like to know when the update will be made. Maple 6 Re!!ular Meetin!! Aspen City Council September 10, 2007 said the list only contains an address and no other information. Maple said the year of construction on a list is essential and any history ofthe review of that property should be included. Maple encouraged Council to enact the interim measures as quickly as possible. Mayor Ireland said no one objects to narrowing the scope of Ordinance #30 from 2000 homes to about 100 homes. Mayor Ireland asked the public to share with staff any information they have about prior history of properties. Mayor Ireland asked how quickly the list to be attached to Ordinance #30 can be completed. Ms. Guthrie told Council this wiIl be in front ofHPC September 26th. Chip Freeman told Council he supports option 3. Penny Carruth thanked Council for being open to reconsidering this ordinance. Ms. Carruth said the public who have been involved in this ordinance have the same commitment to the community as the Council. Ms. Carruth said she feels the 30 year designation needs to be rescinded. There should be a special review process for homes in limbo. Ms. Carruth said if Council rescinds Ordinance #30, they wiIl not have to worry about economic considerations. Councilman DeVilbiss noted he has given this a great deal of thought and has concluded there was not an emergency although the facts as represented could support the conclusion there was an emergency. Councilman DeVilbiss said the city code regarding emergency ordinances states they are for the preservation of public property, health, peace or safety. Ordinance #30 does not deal with public property and it is a stretch to say it deals with public health. Councilman DeVilbiss said he erred in supporting the ordinance. Councilman DeVilbiss moved to repeal Ordinance #30; seconded by Councilman Romero. Councilman Romero concurred with the assessment about whether Ordinance #30 was an emergency or not. Councilman Romero said he feels Ordinance #30 has the right intention but the means and methods by which it was put in place were flawed. Councilman Romero said he would agree with repealing the ordinance. Option 4, repealing the ordinance, wipes out any lingering uncertainty and eliminates the interpretation of fair consideration. Councilman Romero said option 3 tries to provide 98% clarity. Councilman Romero said either option 3 or 4 would work for the public's interest, which is gaining consensus around historic preservation and an education about preservation. Councilman Romero said currently there is not consensus or a common understanding. Mayor Ireland said if Council votes to repeal Ordinance #30 and send that through the regular process, Council can also proceed to create reforms to the historic review process as have been discussed through this process. Councilman Skadron said if staff drafts an ordinance to rescind Ordinance #30, wiIl an ordinance come back to Council incorporating the changes under option 3. Gagnon told Council staff would present two separate ordinances. 7 Re!!ular Meetin!! Aspen City Council September 10, 2007 Councilman DeVilbiss said there are thoughts the historic preservation code needs to be reworked before Ordinance #30 was enacted. Councilman DeVilbiss said this process has underlined the need for reworking that part of the code. Councilman DeVilbiss reiterated this should not have been adopted by emergency ordinance. That action lead to a loss of confidence in the historic preservation code and procedures. Councilman DeVilbiss said he wants historic preservation to remain a part of Aspen and that should be done in a way to garner community support. Councilman Skadron agreed and said he does not feel that prioritizes demolition over preservation. Councilman Johnson agreed that there may not be community consensus around historic preservation. Councilman Johnson noted there was consensus at the Council table that adopting Ordinance #30 was the way to go. Councilman Johnson said he feels demolition review is the fairest method by which to include more recent properties in historic preservation. Councilman Johnson stated his issue with preservation is fairness and since history did not end, that newer structures should be included in the historic preservation program. Councilman Johnson said he can support option 3; however, fair compensation should be a discussion for the task force. Councilman Johnson stated he cannot support a super-majority. Councilman Johnson reiterated that in fairness, the Victorians did not go through a super majority and he does not a reason to treat similarly situated properties in a dissimilar way. Councilman Johnson stated he does not want to make a greater error in an attempt to rectify what was perceived as an error. Mayor Ireland said important historic buildings do get lost, usuaIly for economic reasons. Mayor Ireland said leaving the preservation of history to the vicissitudes of the market is a mistake. Mayor Ireland stated he supports option 3. The community values affordable housing and supports it with taxes; the community values open space and supports it with taxes; the community values recreation and supports it with taxes. Mayor Ireland said he would be wiIling to ask the voters if they value history, are they wiIling to pay for it. Mayor Ireland said property in Aspen over 100 years may have history by virtue of lasting a century. Mayor Ireland noted at the time Ordinance #30 was brought up, he asked staff whether or not they thought there was an emergency, and the answer was yes. Mayor Ireland said with all the public participation, the city will end up with the better historic process. Councilman Romero said if Ordinance #30 is repealed, the city be back to where they were 18 months ago without the last 60 days of public input. Councilman Romero said he feels preservation is supported by the community; however, there is not consensus about what that means, especiaIly around post WWII buildings. Councilman Romero stated he would be wiIling to support option 3 and go through the process of public education, appointing a task force, defining and organizing criteria, identify economic impacts and incentives. Councilman Romero stated he wiIl support Ordinance #30 if there is a super majority; a 10 year no disturbance, exercising good judgment by Council when there is a notion of fair consideration in the case of an involuntary designation. 8 Re!!ular Meetin!! Aspen City Council September 10, 2007 Councilman Skadron said he could support repealing the ordinance; however, that seems foolish ifin 6 weeks, the city ends up with option 3. Councilman Skadron said he also does not want to end up where the remedy is worse than the illness. Councilmembers DeVilbiss and Skadron in favor; Councilmembers Romero, Johnson, and Mayor Ireland opposed. Motion NOT carried. Councilman Romero moved to direct staff to create option 3 revising Ordinance #30 including a super-majority structure for voting at both the HPC and Council; 10-year no- disturbance feature, including language to point to fair consideration at Council with an involuntary designation; seconded by Mayor Ireland. Councilman Romero said he feels the super majority would be interim as the great work wiIl be long term education, consensus, the organization of a program that responds to that and the economic incentives. Councihnan Romero amended his motion to include the formation of a task force; seconded by Mayor Ireland. The main motion is to exercise option 3, dropping all structures not listed now or within the next 2 weeks; a 10-year certified period of non- historic reconsideration; a super-majority principle at least in the interim; staff will devise rules to provide flexibility and minimaIly intrusive changes to structures; financial consideration of economic impacts; the creation of citizen committees to help shape the criteria and the economic assessment ofthe impact of the ordinance. Councilman Skadron noted the request for $200,000 in the supplemental appropriation for work on historic structures will not be needed. AIl in favor, with the exception ofCouncihnan Skadron. Motion carried. Councilman Johnson moved to adopt the minutes of August 27, 2007; seconded by Councilman Romero. AIl in favor, motion carried. ORDINANCE #36, SERIES OF 2007 - North of NeIl PUD Amendment Mayor Ireland opened the public hearing. Councilman Johnson moved to continue North of Nell to November 22; seconded by Councilman Romero. AIl in favor, motion carried. 9 Re!!ular Meetin!! Aspen City Council September 10, 2007 FIRST READING OF ORDINANCES . Ordinance #39,2007 - Parking Rate Increase . Ordinance #40,2007 - Expansion of Residential Parking Area . Ordinance #41, 2007 - Supplemental Appropriation Councilman DeVilbiss moved to read ordinances #39, 40 and 41, Series of2007; seconded by Councilman Johnson. AIl in favor, motion carried. ORDINANCE NO. 39 Series of2007 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. 40 Series of 2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 2.16.180 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND TIME RESTRITCED PARKING WITHIN THE RESIDENTIAL ZONES. ORDINANCE N0.41 (Series of 2007) AN ORDINANCE APPROPRIATING A DECREASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF -$560,260, AN INCREASE IN THE GENERAL FUND OF $884,795, AN INCREASE IN THE PARKS FUND OF $165,639, AN INCREASE IN THE WHEELER FUND OF $323,490, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $9,893,876, AN INCREASE IN THE PARKS CAPITAL IMPROVEMENT FUND OF $165,639, AN INCREASE IN THE WATER FUND OF $180,5210, AN INCREASE IN THE RUED! HYDROELECTRIC FUND OF $201,030, AN INCREASE IN THE TRANSPORTATION AND PARKING FUND OF $1,176,500, AND AN INCREASE IN THE TRUSCOTT FUND OF $35,000. Councilman Skadron asked how the parking rate is determined. Tim Ware, parking department, told Council staff proposes a 30% rate increase every 5 years rather than do a smaIl request every year. Ware told Council the initial cost was $1/hour with a 2 hour time limit. The public indicated 2 hours was not long enough and $2 would not discourage turnover. Councilman Skadron asked if staff started with rates appropriate to resorts. Ware said $1/hour was a common rate for parking meters. Councilman Skadron asked the projected revenue from the parking increase. Ware said it is $450,000/year. 10 Re!!ular Meetin!! Aspen City Council September 10. 2007 Councilman Skadron asked about enforcement for the expanded residential permits. Ware said currently staff marks tires in the residential zones. In the expanded zones, staff wiIl use hand held meters in each residential zone and the license plates will be logged. Councilman Skadron asked why the costs have gone from $850,000 to $950,000. Ware said there is an increase in the equipment and this price includes shipping and instaIlation. The parking meters will be solar powered. SheIlie Roy noted in 1995 the city was concerned about poIlution because Pitkin County was a non-attainment area regarding air poIlution. Ms. Roy said one ofthe main reasons for this request to increase the parking fees and area is a request by the environmental health department that people moving around in cars contributes to air poIlution. Ms. Roy said she feels an analysis is necessary to determine whether that is true or not. Ms. Roy said this request comes across as an assault on people who work and a way to tax people doubly. Ms. Roy said when the original parking plan was conceived, it was felt important to have sticks and carrots. Ms. Roy said this seems to be sticks only. Ms. Roy noted a paid parking plan affects all segments of the community. Ms. Roy suggested Council reconvene a citizen's parking committee to look where the community has come in the last 12 years. Georgeanne Waggaman said she does not see the same problem that existed when paid parking was implemented in 1992; it was impossible to get around in Aspen; it was impossible to park. Ms. Waggaman said paid parking was not put in as a revenue- generating program. Paid parking was put in for the need to control the crowded parking in downtown Aspen. Ms. Waggaman said raising parking prices is a discouragement to tourists. Ms. Waggaman said this blanket approach seems to be a punishment. Ware told Council, staff has documentation of at least 450 cars moving every two hours around the residential area. Ware said when paid parking was instaIled, bus ridership increased 35%. Ware said raising rates as weIl as expanding the parking areas will have an impact on bus ridership. Mayor Ireland asked if there is an issue with construction parking. Ware said there is and increasing the residential parking areas wiIl be a large component to the construction management plan and to encourage all employees to use alternate transportation. Randy Ready, assistant city manager, told Council one of the goals ofthe initial paid parking plan is to cap traffic at 1992 levels, which was the point beyond which no one wanted to see traffic increase. It was a negative impact on the pedestrian experience, air quality and the quality ofIife downtown. Ready said that level oftraffic has been maintained through significant efforts. Ready said there will be incentives which will be presented to Council at the next EOTC meeting. Ready reminded Council they approved free bus service from the Brush Creek intercept lot for the greater half of the summer. Ready said the overaIl trend is an increase in car tips, bumping up against the 1992 levels. Councilman DeVilbiss moved to adopt Ordinances #39 and #40, Series of 2007, on first reading and to have public hearing on October 9, 2007; seconded by Councilman 11 Re!!ular Meetin!! Aspen City Council September 10, 2007 Skadron. RoIl call vote; Councilmembers Johnson, yes' Skadron, yes; Romero, yes; DeVilbiss, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #41. SERIES OF 2007 - Supplemental Appropriations Councilman DeVilbiss moved to adopt Ordinance #41, Series of2007; seconded by Councilman Johnson. Councilman Skadron said he would like "technical adjustment" defined on page 67. Councilman Skadron noted the wireless keypad voting costs $25,000 and he would like to know the technology benefits versus the evolution; wiIl this be outdated next year. Councilman Skadron said "sketch up" line item, in April Council approved $16,000 and now there is a request for $6500 for training. Councilman Skadron asked why the entire request regarding sketch up was not presented at once. Councilman Skadron questioned $14,000 for printing of the land use code and does this consider on-line publication. Councilman Skadron said there is $85,000 requested for the rewrite of the AACP, what does this expense cover. Councilman Skadron noted the community development department is requesting more employees to pick up the backlog. Councihnan Skadron asked if when the department is caught up, wiIl the back log re-establish itself and require more employees again. Councilman Skadron said the $206,000 for Ordinance #30 should not all be needed, which wiIl be addressed. Councilman Skadron asked if the $77,000 for construction mitigation officers wiIl be recaptured in some revenues related to construction. Councilman Skadron asked if the requests in the housing development fund are funded by the RETT and the sales tax fund. Steve Barwick, city manager, said they are. Councilman Skadron said the request in transportation fund said $950,000 and the memorandum said $850,000 and what is the difference. Councilman Skadron noted $160,000 in the ARC capital improvement to implement a mechanical retrofit and asked why a new building requires retrofitting. Councilman Romero brought up the requests from the transportation department, the $226,000 for transit demand management measures and the paid parking system of $950,000. The explanation describes this is partiaIly offset by revenues of the new parking meters. Councilman Romero said this appropriation should be timed to the instaIlation of the parking meters. Barwick noted these are being funded out ofthe general fund and if the tax measure passes, this fund could be paid back. RoIl calI vote; Councilmembers Johnson, yes; DeVilbiss, yes; Skadron, yes; Romero, yes; Mayor Ireland, yes. Motion carried. Mayor Ireland moved to reconsidered earlier motion on Ordinance #36, Series of2007, and to set the date for public hearing of October 22; seconded by Councilman Romero. AIl in favor, motion carried. 12 Re!!ular Meetin!! Aspen City Council September 10, 2007 ORDINANCE #28, SERIES OF 2007 - 520 East Cooper Avenue Subdivision Councilman Skadron stated he must recuse himself as he heard this application at P&Z. Jim True, counsel to Council, told Council he received citizen input that the required posted notice was no longer on the property and would this cause a defect in the notice requirement. True noted there is an affidavit that the applicants placed a notice on the building continuously visible to and including the original public hearing, August 13, 2007. A picture of the public notice has been included in the affidavit. The public hearing on Ordinance #28 was continued to August 27 and then to September 10th. The notice disappeared sometime after the August 13th. True told Council he looked at the land use code to see if there is a requirement that this be continuously visible after a continuation. True said his review of the land use code finds that assuming notice was properly given, a continuation of the hearing does not require a second or new notice. Mitch Haas, representing the applicant, said he posted the sign and it was there through August 13th. Haas said he has never re-noticed after a continuation at Council. Dave Lenyo, representing the applicant, stated they are prepared to move forward. Toni Kronberg said the code requires a public notice to be up 15 days prior to the public hearing. This is the public hearing. Ms. Kronberg said Cooper Street Pier has been a vital gathering spot for years. True noted the code does not state the public notice sign has to be continuous through the entire public hearing process. True pointed out the code also states that the continuance of a hearing, assuming the notice was correct in the first place, does not state the posting has to be continuous throughout the entire process; it states no second or new notice shaIl be required when a hearing is continued. True noted the original hearing date wiIl be on the poster, which could cause confusion if it is after that date. Jessica Garrow, community development department, told Council this proposal meets the requirements of subdivision. Ms. Garrow said this went to HPC for approval of design review standards and demolition as it is located in a historic district. The application also went to P&Z for reviews on growth management, commercial use within a mixed use, free market units in a MU and affordable housing. P&Z also granted a special review to vary the dimensions of the trash utility area based on site constraints. Ms. Garrow said if Council grants subdivision approval, the application will go back to HPC for final design review. At the time of building submittal, the applicants will have to meet the requirements of multi-family replacement requirements. This is a request for subdivision and staff finds the proposal to be consistent with the Aspen Area Community Plan. This is a mixed use building in the commercial core, near transit. The proposal is consistent with the character of uses in the area and wiIl not adversely affect future development on this or neighboring sites. This does have existing development. The subdivision is for ownership of the individual units. The application met the affordable housing requirement for 12.6 square feet under a cash-in-lieu payment. The proposal is one free market unit of 2800 square feet of net livable space. The application was submitted before the 2000 square foot limitation on free market units. 13 Re!!ular Meetin!! Aspen City Council September 10, 2007 There is 3827 square feet of commercial space, a reduction over the existing space which eliminates the need for affordable housing. Ms. Garrow noted there are two parking spaces on an adjacent space dedicated to this building. Ms. Garrow said Council raised issues at the first reading ofthis ordinance. The parking spaces were sold to the owners ofthe Cooper Street Pier building and they have been rented on the free market. As part of this application, they will be dedicated to uses of this building. Council requested clarification on the affordable housing mitigation. Ms. Garrow noted there is less commercial square footage so there is no requirement for the commercial space, only for the free market residential unit. The new free market unit is 42 square feet larger than the current unit. The land use code requires 30% of new net livable space be mitigated, which is 12.6 square feet. Ms. Garrow said Council requested the history of uses in the building and over the past 40 years it has been restaurant and bar uses. Ms. Garrow noted Ordinance #28 states the square feet of commercial space is 4,263 which should 3,827 square feet. Ms. Garrow pointed out 12(d) adds the requirement to place a street tree in front ofthe building, on the recommendation from the parks department. There currently is no street tree. P&Z felt this tree was not necessary; however, staff disagrees. Ms. Garrow said the discussion at P&Z regarding the requirement for a street tree was that a view plane originates at the Cooper Street Pier bar. The issue at P&Z was whether a tree is development; staff does not agree that a tree is development, it is a landscaping feature and does not faIl under the view plane. Mayor Ireland asked at what point does overriding a P&Z decision have to be taken back to P&Z. True said the standard is a substantial change. Councilman Johnson asked about the proposed number ofFTEs and how does one know what that figure is. Ms. Garrow said it is based on a formula in the code, which is 4.1 employees/l,OOO square feet on the first level and 75% of that on the second floor, regardless of use. Councilman DeVilbiss asked ifpart of the review is retention of the glass windows fronting Cooper Street. Ms. Garrow said this was discussed at HPC; those windows wiIl be operable so that a restaurant can be accommodated. Councilman DeVilbiss asked what is the setback from the property line. Ms. Garrow told Council the setback is 15' at the second floor. The proposal meets all the underlying zoning requirements. Councilman Johnson asked if this is under the commercial core moratorium for change in uses. Ms. Garrow told Council this building has already received demolition approval. Mitch Haas, representing the applicants, told Council the applicants have tried to preserve significant portions of the building's history. This is not a historic structure and the entire building could have been demolished. The only two original waIls of the building wiIl be preserved with new foundations dug under them for support. The basement level will be dug deeper in order to accommodate today's uses and expectations. The development was found by P&Z to be consistent with the AACP when they granted growth management reviews. 14 Re!!ular Meetin!! Aspen City Council September 10, 2007 Haas said the existing uses are those proposed for the future, commercial in the basement and first floor, and residential uses above that. Haas said these uses are consistent with the surrounding uses. The subdivision complies with all land use requirements; the fuIl height has not been asked for; all the floor area was not requested. HPC approved the design. Haas told Council no growth management aIlotments were required; building out all of the aIlowable commercial floor area results in a net decrease in leasable area. Haas said the land is suitable for subdivision; it has been developed for decades and decades. Haas noted the growth management reviews by P&Z found that the mitigation requirement for the project for affordable housing is 12.6 square feet, which may be supplied by cash-in-lieu payment. Haas told Council the multi-family replacement program has 3 options; the unit could have 42 less square feet, no cash-in-lieu and no deed restriction; a 42 foot increase in the unit and a cash-in-lieu payment of $13,000 to $15,000 and no deed restriction. The third option is mitigating at cash-in-lieu and the applicants agreed to pay a $310,000 cash-in-lieu payment, which the housing board agrees to. There wiIl be a school dedication fee paid. Haas said the street tree is not a substantial issue to the applicants. They can go with or without the tree. Haas said a street tree seems to run counter to the goal of the view plane originating in from of Cooper Street. Haas said the sidewalk here is narrow and street trees may bottle neck the pedestrian traffic. Haas told Council they wiIl present a construction management plan to meet the city's requirements. Councilman Johnson moved to suspend the rules and extend the meeting to 9:15 p.m.; seconded by Councilman Romero. AIl in favor, with the exception of Mayor Ireland, motion carried. Councilman DeVilbiss stated he wants the dimension of the setback of the second story to be included in the ordinance. Mayor Ireland opened the public hearing. Toni Kronberg said the Cooper Street Pier is important to the community. Ms. Kronberg told Council this is a 4 story building and the HPC guidelines do not envision a 4 story building. Ms. Kronberg told Council the applicant wanted to keep a restaurant on the ground floor and not put the storefront up to the sidewalk. HPC voted the other way. Ms. Kronberg said eliminating the Cooper Street Pier will be eliminating the vitality in downtown. Cooper Street Pier is the only restaurant open on that block. Mayor Ireland closed the public hearing. Councilman DeVilbiss moved to adopt Ordinance #28, Series of2007, striking (d) of Section 12 regarding the street tree, and that the project is 3,827 square feet; seconded by Councilman Romero. 15 Re!!ular Meetin!! Aspen City Council September 10, 2007 Councilman Johnson said he is troubled by the Cooper Street view plane, which seems to be to protect this property owner from another. Councilman Johnson said this view plane restriction seems to restrict the property across the street from going any higher while the Cooper Street can maintain the restaurant use, have views ofthe mountain and solar access. It would not be in the public benefit to eliminate this view plane. This property continues to benefit from the view plane regulation. Councilman Johnson said the Cooper Street building could be a good example of infiIl with locaIly serving businesses and a mix of free market and affordable housing. Councilman Johnson said the result of subdivision approval will be whatever is going to be built on this site. Councilman Johnson stated this proposal does not meet the city's needs. InfiIl was supposed to be a public/private partnership to get redevelopment and to help meets the city's goals with vitality and affordable housing. The city made amendments to the land use code to lessen the mitigation. This project takes advantage of those code amendments and gives nothing back to the community. Councilman Johnson stated he is opposed to the project because the result of the subdivision is inconsistent with the Aspen Area Community Plan, with infill, with the notion of public/private partnership as outlined in the AACP and with the attempt to increase vitality and maintain a diverse retail environment. Councilman Johnson said the requested increases in the building are inconsistent with the surrounding area. This project wiIl create stress on the existing infrastructure due to increase in traffic. Councilman Romero said he reviewed this under subdivision and the prior land use code, which was in effect when the project was applied for. Councilman Romero said he sees community benefit in preservation of some ofthe historic structure as weIl as the cash-in- lieu component. Councilman Romero said there is a struggle of the setback of the store front and HPC's decision to puIl it to the property line. Councilman DeVilbiss moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilman Johnson. AIl in favor, motion carried. Councihnan Romero said using the criteria in the land use code and the recommendation of the volunteer boards, and that this is a reduction in growth looking just at square footage, this is an application that meets the city's criteria. Councilman Johnson said P&Z tried to research the view planes and could find no background about this particular view plane. Councilman Johnson said there must have been thinking that the experience of sitting at Cooper Street was worthy of being protected. This takes away the property rights of the building across the street and their ability to redevelop. Councilman Johnson said if the public benefit disappears, the property continues to have that benefit but the public does not benefit and it becomes a private benefit. Mayor Ireland said a P&Z member stated they could not support this because it did not meet the goal of creating social interaction and promoting life style diversity and in encouraging diverse retail environment. Mayor Ireland said this could be said about almost every proposed project in Aspen. Mayor Ireland said the burden to change direction should not faIl on this one applicant. Mayor Ireland agreed loss of the existing 16 Re!!ular Meetin!! Aspen City Council September 10, 2007 business is what the community is struggling with. Mayor Ireland said this exposes weaknesses of the city's code rather than the weakness ofthis application. Councilman DeVilbiss agreed the Cooper Street Pier is a special place in this community. Haas stated these are community wide problems and should not faIl on this applicant. Haas noted the applicant did not ask to have that view plane designated. Haas said this application was written to the code in place and complies with all the codes. Haas said the applicants did ask to set the building back as it is now. The applicants went through 2 continued hearings at HPC. It became clear they would not get approval unless the applicants agreed to move the building flush with the street. Haas said if they move the building back off the property line to accommodate a restaurant use, HPC would have to be willing to approve that setback. Haas said this application meets all the criteria of the land use code. Councilman DeVilbiss moved to continue Ordinance #28, Series of2007, to October 9; seconded by Councilman Johnson. AIl in favor, motion carried. AIl in favor, motion carried. Mayor Ireland moved to suspend the rules and extend the meeting to 9:45 p.m.; seconded by Councilman DeVilbiss. AIl in favor, motion carried. Mayor Ireland said he would like to reconsider the construction management plan hours as approved last week. Council approved the construction hours of7 a.m. to 5 p.m. Mayor Ireland suggested this go back to 8 a.m. as a 7 a.m. start is early for the neighbors. Mayor Ireland moved to reconsider the construction management plan adoption; seconded by Councilman Johnson. Mayor Ireland and Councilman Johnson in favor; Councilmembers Romero and DeVilbiss opposed. Motion NOT carried. Councilman Romero moved to adjourn at 9:45 p.m.; seconded by Mayor Ireland. AIl in favor, motion carried. 17