HomeMy WebLinkAboutminutes.council.20071009Regular Meeting Aspen City Council October 9, 2007
COUNCIL MEETING ....................................................................................................... . 2
CITIZEN PARTICIPATION ............................................................................................. . 2
COUNCIL MEMBER COMMENTS ................................................................................ . 3
CONSENT CALENDAR .................................................................................................. . 3
• Resolution #81, 2007 -Gibson Street Storm Water Improvement Contract ........ . 4
• Resolution #8Q 2007 Supplemental EOTC 1/2% Transit Sales and Use Tax Budget4
• Resolution #83, 2007 -Support Ballot Sales and Use Tax for Transit Services... . 4
• Resolution #84, 2007 -Support Ballot Storm Water Property Tax ...................... . 4
• Resolution #85, 2007 -Support Ballot Hydropower Facility ............................... . 4
• Minutes -September 4, 24, 2007 ............................................................................ . 4
• Appointment of Protest Hearing Officer -Initiative Petitions ................................. . 4
REQUEST TO USE PAEPCKE PARK -Food & Wine .................................................. . 4
RESOLUTION #86, 2007 -Support Ballot Instant Runoff .............................................. . 4
ORDINANCE #45, SERIES OF 2007 -Code Amendment Historic Preservation.......... . 5
ORDINANCE #43, SERIES OF 2007 -Commercial Core and Lodging Commission ... . 7
ORDINANCE #44, SERIES OF 2007 -Disconnect Silver Lining Ranch ....................... . 8
ORDINANCE #28, SERIES OF 2007 - 508 East Cooper Avenue Subdivision .............. . 8
ORDINANCE #24, SERIES OF 2007 -Vacation of Dean Street Right-of-Way ............. . 8
ORDINANCE #40, SERIES OF 2007 -Code Amendment -Residential Parking.......... . 9
ORDINANCE #37, SERIES OF 2007 -Amendment to Commercial Core Moratorium. . 9
ORDINANCE #25, SERIES OF 2007 -Jerome Professional Building Subdivision....... . 9
ORDINANCE #39, SERIES OF 2007 -Code Amendment Increase Parking Fees ......... . 9
ORDINANCE #41, SERIES OF 2007 -Supplemental Appropriation ............................ 11
ORDINANCE #29, SERIES OF 2007 - Wienerstube Subdivision ................................. 11
RESOLUTION #82, SERIES OF 2007 -Amendment to Isis Agreement for Restaurant
Use .................................................................................................................................... 11
1
Reeular Meetine Aspen City Council October 9, 2007
Mayor Ireland called the meeting to order at 4:00 p.m. with Councilmembers DeVilbiss,
Johnson, Skadron and Romero present.
All Council signed a wavier of notice fora 4 p.m. session. Councilman Johnson moved
to go into executive session at 4:05 p.m. pursuant to C.R.S. 24-6-402(4)(a) the purchase,
acquisition, lease, transfer, or sale of any real, personal, or other property interest and
(4)(f) Personnel matters; seconded by Councilman Romero. Also present were Steve
Barwick, Paul Menter, Scott Newman, Greg Hunter, Bentley Henderson, Jim True and
Kathryn Koch.
At 4:50 all staff except Jim True, Steve Barwick and Kathryn Koch left.
Councilman Johnson moved to come out of executive session at 5:05 p.m.; seconded by
Councilman DeVilbiss. All in favor, motion carried.
COUNCIL MEETING
Mayor Ireland called the meeting to order at 5:10 p.m. with Councilmembers Johnson,
Romero, Skadron, and DeVilbiss present.
Mayor Ireland and Council welcomed the senior civics class from Aspen High School.
CITIZEN PARTICIPATION
1. Mme Kessler, Aspen Youth Foundation, requested a contribution from Council to
help bring the Northern Ute tribe to Aspen for Winterskol and the closing of the ski
season. Mayor Ireland said this should be handled through the city's grant process and
Ms. Kessler should submit a grant for that request. Mayor Ireland suggested it maybe
appropriate for Ms. Kessler to investigate being a sister city.
2. Chip Freeman asked if a historically designated property is deed restricted as a
result and is the list that was published the final list of all properties. Amy Guthrie,
community development department, said the designation is recorded; however, a deed
restriction may not be the correct term.
3. Bill Wiener said everyone agrees there is a traffic problem and to solve it will
take a lot of different approaches. Wiener noted Rubey Park is operating beyond its
maximum capacity and it is time to start thinking about how to handle more buses.
4. Mike Maple told Council he and Marilyn Marks have been working with
community development department on Ordinance #45; however, that has a long way to
go. Maple said two critical things are the super-majority vote by both HPC and Council
and the issue of economic value or economic damage by historic designation.
5. Penny Carruth said she does not feel Ordinance #45 as presented is in
conformance with the direction of previous Council meeting. Ms. Carruth said she is
2
Regular Meeting Aspen City Council October 9, 2007
confounded by the process. Ms. Carruth told Council she has worked with other people
in the real estate business to try and figure out how to evaluate property values, economic
information and incentives and it is very complicated.
6. Ms. Kronberg said in the past she has decorated the library plaza for Halloween
and asked whether the city intends to do that or not or may she have permission to do so.
Mayor Ireland suggested Ms. Kronberg talk to the city manager about regulations
regarding the park.
COUNCIL MEMBER COMMENTS
1. Councilman Skadron noted citizen comments are for issues not on the agenda and
questioned allowing people to address issues that are on the agenda. Mayor Ireland said
he was trying to accommodate people who have to leave the meeting.
2. Councilman Johnson noted the item on 508 East Cooper includes a memorandum
of law, and he has not been able to discuss this with counsel. Councilman Johnson
requested continuing the item until he can meet with Council. This will be discussed at
public hearing.
3. Mayor Ireland said he attended an affordable housing seminar in Vail last
Wednesday, a CDOT transportation meeting in Denver, on Thursday, and met Senator
Salazar about water issues over the weekend.
4. Mayor Ireland congratulated the Aspen High School football team on winning a
big game against Olathe. Mayor Ireland noted the football program is doing well.
5. City Clerk Kathryn Koch requested Council add to the consent calendar,
appointment of a protest hearing officer for the initiative petitions regarding the entrance
to Aspen.
Mayor Ireland moved to add to the consent calendar, appointment of protest hearing
officer for initiative petitions regarding the direct connection and modified direct
connection; seconded by Councilman Romero. All in favor, motion carried.
6. Councilman Skadron reported he attended the ACRA board meeting last week; it
was very productive. Councilman Skadron said he attended the Colorado Association of
Ski Town meeting in Jackson Hole, Wyoming. Councilman Skadron said the Shecter
presentation on Dynamics of Growth in Resort area was excellent and that the impacts
Aspen is feeling are not unique to Aspen. Councilman Skadron said Jackson Hole is
initiating an affordable housing program and their approach is to go with public/private
partnerships.
CONSENT CALENDAR
Reeular Meetin¢ Aspen City Council October 9, 2007
Councilman Skadron asked to pull Request to Use Paepcke Park for Food and Wine and
Resolution #86, Supporting Ballot Instant Runoff.
Councilman Johnson moved to adopt the consent calendar as amended; seconded by
Councilman DeVilbiss. The consent calendar is:
• Resolution #81, 2007 -Gibson Street Storm Water Improvement Contract
• Resolution #80, 2007 Supplemental EOTC 1/2% Transit Sales and Use Tax Budget
• Resolution #83, 2007 -Support Ballot Sales and Use Tax for Transit Services
• Resolution #84, 2007 -Support Ballot Storm Water Property Tax
• Resolution #85, 2007 -Support Ballot Hydropower Facility
• Minutes -September 4, 24, 2007
• Appointment of Protest Hearing Officer -Initiative Petitions
Mayor Ireland asked if the GO bonds for the hydropower facility will be paid for from
revenues or from property taxes. Steve Barwick, city manager, told Council the proposal
is to pay these bonds with revenues; however, in the case that those revenues are
insufficient, they will be paid for from property taxes. Mayor Ireland noted one of the
ballot questions proposes to lower an existing sales tax, which funds in town transit, from
.25% to .15%. The additional revenue will come from taxing construction materials on
projects over $100,000 that are being brought into town. Mayor Ireland noted he fully
supports the storm water run off project measure on the ballot.
All in favor, motion carried.
REQUEST TO USE PAEPCKE PARK-Food & Wine
Devin Padgett, Food & Wine, told Council this is the 26`h year of Food & Wine in Aspen.
The event has grown into the summer opening event of Aspen. Padgett said their goal is
to break even every year. There is a challenge with venues; there is construction, venues
are closed. The event has not changed; Food & Wine requires multiple venues for all the
different activities. The event is capped at 5,000 participants. There is no intention to
make it any larger. Council agreed it is a great event for the city.
RESOLUTION #86, 2007 -Support Ballot Instant Runoff
Councilman Skadron asked if the ballot question is supposed to be about procedures of
instant runoff voting. Kathryn Koch, City Clerk, told Council the Charter amendment
question asks about allowing instant runoff procedures to be developed.
4
Reeular Meetine Aspen Citv Council October 9, 2007
Councilman Skadron amended Resolution #86, Series of 2007, to include the word
"procedure"; seconded by Mayor Ireland. All in favor, motion carried.
Councilman Johnson moved to approve the use of Paepcke Park by Food and Wine and
Resolution #86, Series of 2007, as amended; seconded by Councilman DeVilbiss. All in
favor, motion carried.
ORDINANCE #45. SERIES OF 2007 -Code Amendment Historic Preservation.
Amy Guthrie, community development department, told Council this ordinance
incorporates the concerns of the citizens' group as well as other considerations. Ms.
Guthrie said this has been narrowed down from every property over 30 years old to a
specific list, which is attached to the ordinance. Ms. Guthrie told Council 4 properties
that did not rise to the level of historic significance have been dropped from the list and
20 properties have been added. Staff has sent letters to every property owner and is
scheduling meetings with property owners.
Ms. Guthrie noted the city Charter conflicts with the notion of super majority so that is
not included in the ordinance. A super majority vote at HPC is included in the ordinance
and HPC agreed with that concept. Staff is trying to come up with a process regarding
economic hardship of designation and will work with realtors on that process. Staff
envisions a hearing officer or small panel to make a recommendation regarding economic
hardship to Council on second reading of a landmark ordinance.
Jim True, counsel for Council, noted the Charter states an ordinance is passed by a
majority vote of the Council, or 3 members. To require a super majority would be
inconsistent with the Charter and in order to allow a super majority, the Charter would
have to be amended by a vote of the electorate. Councilman Romero said Council's
intent was to have a higher threshold for involuntary designations. Councilman Romero
asked if there is a different method to achieve the same higher threshold. Councilman
Romero asked about the condominium projects with multiple owners and how the
procedure to designate an entire condominium would work. Councilman Romero said
Council used the term fair consideration for financial impact, an acknowledgement there
maybe impact on value and a process to address that, and the language in the ordinance
should go further to address that.
Councilman Romero said he would like to insure the language is fair regarding the time
line and the procedures when a private property owner has to take action. Councilman
Romero said the city should move slowly when it's the private property owner's step and
quickly to their benefit when it's the city's step. Councilman Romero thanked the
citizens who have stayed involved in this process.
Councilman Skadron asked about the application procedure. Chris Bendon, community
development department, said staff worked with citizens on the procedure; this is a
significant issue and the citizens are concerned. Bendon told Council there will be
revisions to the ordinance before second reading. Bendon said there maybe options on
Regular Meeting Ashen City Council October 9, 2007
this issue for Council to consider. Councilman Skadron asked why Councihnan
DeVilbiss is opposed to super majority. Councilman DeVilbiss noted the Charter
embodies the notion that a majority is sufficient to enact ordinances. Councilman
DeVilbiss said that is so that legislation does not get stalled. Councilman DeVilbiss said
once a super majority is used at HPC for involuntary designation, it could be extended to
other issues. Bendon said for HPC a super majority would only be used for designation
against a property owner's consent. Bendon said a super majority might be incorporated
into Council's code amendment, rather than amending the charter.
Councilman Romero suggested rather than one hearing officer that a small committee or
task force be appointed. Councilman Romero said the discussion about building
community consensus around a set of criteria everyone can approve is not included in this
ordinance. Councilman Romero said the long range goal is education and consensus.
Ms. Guthrie said the preservation ordinance contains intent statements and goals. Staff
could look at weaving the task force and criteria into that section of the ordinance.
Bendon agreed it is appropriate to discuss with Council the next steps for historic
preservation.
Mayor Ireland agreed that super majority should not be used lightly. In the democratic
process it is used on threshold issues. Amending the Charter seems more than is
necessary if Council can agreed 30-yeaz old properties should have a high threshold for
designation. Mayor Ireland said the condominium projects will have to be addressed.
Mayor Ireland said Council agrees there ought to be full information about the economic
impact when considering an involuntary designation, including an estimate of how the
property value might be changed and information about incentives available to that
particular property. Mayor Ireland said he would like evidence presented that a property
is 30 years old, that the burden of proof be on the city.
Mayor Ireland said he hopes when this is adopted, property owners will be able to go to
HPC and get their property listed or unlisted so they can get on with things. Mayor
Ireland stated he does not have a problem with super-majority at HPC; Council agreed.
Mayor Ireland said there should be a high threshold for properties between 30 and 50
years old. Council agreed. Mayor Ireland requested legal analysis around the
condominium issue. Mayor Ireland proposed a requirement that Council be presented
with and review the economic impacts on the property including any diminished property
value and the value of any incentives before an involuntary designation is enacted.
Council agreed. Councilman Romero requested the timelines, like the 30 days for
appraisals, need to be looked at. Bendon said there aze restrictions on how long staff
takes to review certain things but that a property owner should be able to manage the
pace of the process.
Councilman DeVilbiss moved to read Ordinance #45, Series of 2007; seconded by
Councilman Skadron. All in favor, motion carried.
ORDINANCE N0. 45
(Series of 2007)
6
Regular Meeting Aspen City Council October 9, 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 26.415 OF THE ASPEN MUNICIPAL
CODE, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC
LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN "H,"
HISTORIC OVERLAY DISTRICT
Councilman DeVilbiss moved to adopt Ordinance #45, Series of 2007, on first reading;
seconded by Councilman Skadron. Roll call vote; Councilmembers Johnson, yes;
Romero, yes; Skadron, yes; DeVilbiss, yes; Mayor Ireland, yes. Motion carried.
Penny Carruth said there is a conflict between the theoretical and the practical in fair
consideration, incentives and criteria. Ms. Carruth told Council her group took 3
properties off the list and tried to apply the list of incentives; it was challenging and on
some lots impossible to come up with solutions for certain properties. There is also the
shape of the lot, underlying zoning, and covenants of the subdivision. Ms. Carruth asked
if Council is willing, if no incentives work, to go through the appraisal process and pay
the property owner fair market value. Mayor Ireland said that question has to be
answered for each property. Mayor Ireland agreed there will be no single solution; it will
be case by case. Marilyn Marks asked what is the process between now and second
reading; how can citizens affect changes. Mayor Ireland said citizens can contact staff
and submit suggested changed in writing.
ORDINANCE #43, SERIES OF 2007 -Commercial Core and Lodging Commission
Councilman DeVilbiss moved to read Ordinance #43, Series of 2007; seconded by
Councilman Romero. All in favor, motion carried.
ORDINANCE NO.43
(Series of 2007)
AN ORDINANCE CREATING THE COMMERCIAL CORE AND LODGING
COMMISSION, DESCRIBING THE COMPOSITION, TERM AND
QUALIFICATIONS OF COMMISSION MEMBERS, THEIR POWERS, AND
DUTIES; PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS
OF THE COMMERCIAL CORE AND LODGING COMMISSION AND
ESTABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE
COMMERCIAL CORE AND LODGING COMMISSION IN EXERCISING its
FUNCTIONS.
Councilman Johnson stated he does not support a budget of $40,000 for this Commission.
Councilman Johnson moved to adopt on first reading; seconded by Councilman
DeVilbiss. Roll call vote; Councilmembers Skadron, yes; Romero, yes; Johnson, yes;
DeVilbiss, yes; Mayor Ireland, yes. Motion carried.
Reeular Meetin¢ Aspen City Council October 9, 2007
ORDINANCE #44, SERIES OF 2007 -Disconnect Silver Lining Ranch
Councilman DeVilbiss moved to read Ordinance #44, Series of 2007; seconded by
Councilman Skadron. All in favor, motion carried.
ORDINANCE N0.44
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY
OF ASPEN, COLORADO, KNOWN AND DESIGNATED AS THE "LITTLE STAR
FOUNDATION RANCH DE-ANNEXATION."
Jim True, counsel to Council, stated the standazd will be a determination by Council that the
best interests of the city will not be prejudiced by this disconnection. True said there was a
similaz petition presented to Council and voted down in May 2007. True noted nothing
prohibits the applicant from filing the petition again.
Councilman Johnson moved to adopt Ordinance #44, Series of 2007, on first reading;
seconded by Councilman Romero. Roll call vote; Councilmembers DeVilbiss, no;
Romero, yes; Skadron, yes; Johnson, yes; Mayor Ireland, no. Motion carried.
ORDINANCE #28, SERIES OF 2007 - 508 East Cooper Avenue Subdivision
Councilman Skadron recused himself as he voted on this application at P&Z. Mayor
Ireland said Council expressed interest in continuing this application as there is a lengthy
memorandum of law from the applicant and counsel has noted they have not prepared an
analysis of that memo. Dave Lenyo, Garfield & Hecht, reminded Council at first reading,
the applicant was asked to address specific issues including employee housing mitigation
and replacement issues, height and use restrictions, the view plane and impacts on the
development. Lenyo submitted a memo of ]aw that addresses these issues, case law and
state statutes.
Jim True, counsel, told Council he needs more time to analyze the cases and cites
submitted in order to give a comprehensive response. Mayor Ireland noted the
memorandum of law indicates Council does not have discretion to deny the application
and requested counsel address that and if it is trlre, how that gets resolved.
Councilman Romero moved to continue Ordinance #28, Series of 2007, to November 12;
seconded by Councilman DeVilbiss. All in favor, motion carried.
ORDINANCE #24, SERIES OF 2007 - Vacation of Dean Street Right-of--Way
The applicant submitted a request to withdraw this request. Council agreed Ordinance
#24 is withdrawn.
Regular Meeting Aspen City Council October 9, 2007
ORDINANCE #40, SERIES OF 2007 -Code Amendment -Residential Parking
Tim Ware, parking department, requested this ordinance be withdrawn as work needs to
be done on periphery issues, like buses, parking etc. Shelly Roy requested Council
remand this issue back to the citizens committee who reviewed all these issues when paid
parking was instituted in 1992. This committee researched and understood the carrots
and sticks surrounding paid parking and parking in residential area.
Council agreed Ordinance #40 is withdrawn.
ORDINANCE #37, SERIES OF 2007 -Amendment to Commercial Core Moratorium
Chris Bendon, community development department, reminded Council this is an
amendment to the commercial core moratorium to allow retail to replace office spaces on
basement or ground floor. Sunny Vann, representing the applicant, reminded Council
once a space reverts to retail, it cannot go back to office space so the amount of non-
nonconformingoffice space will be diminished.
Councilman Johnson moved to adopt Ordinance #37, Series of 2007, on second reading;
seconded by Councilman Skadron.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Roll call vote; Councilmembers Romero, yes; Skadron, yes; DeVilbiss, yes; Johnson,
yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #25, SERIES OF 2007 -Jerome Professional Building Subdivision
Mayor Ireland opened the public hearing.
Councilman Johnson moved to continue Ordinance #25, Series of 2007, to October 22nd;
seconded by Councilman Romero. All in favor, motion carried.
ORDINANCE #39, SERIES OF 2007 -Code Amendment Increase Parking Fees
Tim Ware, parking department, told Council this is an across the board increase in
parking fees of approximately 30%. This is the first increase in 5 years. Ware reminded
Council the reason for paid parking and for this increase is to help keep traffic at 1993
levels and to help the garage sustain its budget for the next 5 years. Ware pointed out
parking will cost $2 for the first hour; $2 for the second hour $3 for the third hour and $4
for the fourth hour. With a 4 hour limit, parking will cost $11 for those 4 hours. The day
passes will go from $5 to $7 and the garage pass will go from $40 to $50.
Councilman Skadron said the ordinance allows for an increase of 2 additional FTEs.
Ware said yes. Councilman Skadron asked how new technology will help or hinder the
ReQUlar Meetine Aspen City Council October 9, 2007
additional employees. Ware said that technology was for the expanded residential
pazking, which is not being done at this time. Waze said the 2 FTEs were seasonal and
there were no applicants. The parking department is picking up peripheral enforcement
to make these 2 FTEs permanent employees.
Councilman DeVilbiss asked what it would cost for the city to drop paid parking. Ware
said it would cost $2.2 million in revenues; a loss in bus routes and a loss in controlling
the number of vehicles coming into town. Councilman DeVilbiss stated there is a
parking garage, which is not going away. The city has streets and bridges that have to be
maintained, resurfaced, plowed and none of that comes free. Councilman DeVilbiss
stated there is no such thing as free parking.
Mayor Ireland said when the city adds staff, the city ought to add housing. Mayor Ireland
asked if it would make more sense to have a lower fee the first hour and a higher rate for
the second hour to encourage more turnovers. Ware told Council the average transaction
at the pay stations is 2.1 hours. The cost for the first hour has not been increased in 10
yeazs. Ware said staff feels the city is obtaining its goals with this pay structure.
Councilman Johnson asked why parking is allowed for 4 hours. Ware said at the last rate
increase, staff heard from many people 2 hours was not enough time for visitors to lunch
and shop.
Mayor Ireland said a scanning system for enforcement outside the core area is more
flexible and he suggested hearing from staff about that at a work session. Councilman
DeVilbiss asked how enforcement works now. Ware told Council staff enters license
plates into the hand held meters, which is time consuming. Councilman Skadron asked if
the increase in revenue takes into account the expected decrease in cazs parking in the
garage. Ware told Council the last time there was a rate increase, there was about a 10%
reduction in cazs, which has been recaptured. Ware told Council they took this issue into
account in outlining the revenues.
Mayor Ireland opened the public hearing.
High school student asked what the funds raised by this 30% increase cover. Mayor
Ireland said the increased revenue will pay for the necessary garage repairs, for 2 FTEs to
enforcement. These increases are so that the garage and parking system pay their own
way. Councilman DeVilbiss agreed the pazking garage is sorely in need of repairs; the
roof is leaking.
Mayor Ireland closed the public hearing.
Councilman Skadron moved to adopt Ordinance #39, Series of 2007, on second reading,
deleting the residential paid parking fees; seconded by Councilman Johnson. Roll call
vote; Councilmembers DeVilbiss, yes; Skadron, yes; Johnson, yes; Romero, yes; Mayor
Ireland, yes. Motion carried.
10
~ _.
Regular Meeting Aspen City Council October 9, 2007
ORDINANCE #41, SERIES OF 2007 -Supplemental Appropriation
Don Pergande, finance department, told Council this ordinance will approve new requests
of $11,837,000 less technical adjustments of $3,458,000 for a total of $8,378,000. This
includes previously approved and new requests. The majority of the requests of $9.5
million are formal appropriation of property acquisitions for affordable housing.
Pergande noted $3.5 million of current appropriation for Burlingame is being shifted to
2008 to match expected expenditures.
Councilman Johnson moved to adopt Ordinance #41, Series of 2007, on second reading;
seconded by Councilman Romero.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing..
Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Romero, yes; Skadron,
yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #29, SERIES OF 2007 - Wienerstube Subdivision
Councilman DeVilbiss and Councilman Skadron are recused on this item.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Councilman Romero moved to continue Ordinances #29, Series of 2007, to November
12; seconded by Councilman Johnson. All in favor (3 Council voting), motion carried.
RESOLUTION #82, SERIES OF 2007 -Amendment to Isis Agreement for Restaurant
Use
Chris Bendon, community development department, told Council there is an agreement
between the city and the operators of the Isis building and a land use amendment to allow
for retail component of the Isis, which was a change in use approval. This is an
amendment to the agreement as well as the change in use. The current agreement
prohibits restaurants, which the previous Council thought would create additional
employee generation. The application is technically for a restaurant but is a wine tasting
with some food which qualifies as a restaurant under the land use code. This request is
for a portion of the retail side and there is an exhibit attached to the resolution illustrating
where the restaurant use would be.
Bendon noted restaurants are an allowed use in the commercial core zone. Restaurants
were prohibited because of the employee generation issue. Bendon told Council staff
supports a mix of restaurant retail uses downtown; this is an appropriate location for a
restaurant.
11
Regular Meeting Aspen City Council October 9, 2007
Mayor Ireland moved to appropriate Resolution #82, Series of 2007, amending the
exhibit A as appropriate to allow a restaurant use in approximately 700 to 800 square
feet; seconded by Councilman Skadron.
Councilman DeVilbiss asked about review at P&Z. Bendon said P&Z felt there should
be a fully range of uses and restaurants should not be prohibited. Councilman Romero
asked about the affordable housing mitigation. Bendon said the land use code calculates
4.1 FTEs/1000 net leasable, which is a blended average in the commercial core. Bendon
said restaurants generate more than 4.1 FTEs. Bendon said the actual restaurant square
footage will be assessed at 4.1 FTEs/1000 and the retail only space generates 2.6 FTEs.
Courtney Lord, applicant, told Council originally they did not think restaurants could pay
rent to include mitigation at 4.1 FTEs. Lord told Council he has spoken to at least 50
retailers about leasing this space. This use is exciting and different and requires
Council's approval. Councilman Johnson asked whether affordable housing will be built
or the applicant will pay cash-in-lieu. Lord said it will be $120,000 cash-in-lieu.
Councilman Johnson said he thought this space was intended for mid-level retail and that
is why he originally supported the proposal. Councilman Johnson said he cannot support
this amendment because it is a restaurant, not mid-level retail.
John Olsen told Council they applicant has been looking for tenants for months and has
talked to and interviewed hundreds of prospective tenants. Lord told Council he
forwarded to the city manager a list of 70 tenants with whom he met personally. Lord
said the obligation is to use reasonable, prudent efforts to find a retail tenant. Lord said
he has exhausted the list of tenants on the original list all of whom had various reasons
for not wanting this location. Paul Menter, finance director, reminded Council the
tenants, Isis Property Group and Aspen Film, are intended to pay the debt service on the
certificates of participation. The tenants are responsible for payments to the city, whether
they are being paid or not.
Councilman Johnson moved to go into executive session at 9:00 p.m. pursuant to C.R.S.
24-6-402(4)(b) conferences with an attorney for the local public body for the purposes of
receiving legal advice on specific legal questions; seconded by Councilman DeVilbiss.
All in favor, motion carried. Also at the executive session Steve Barwick, Randy Ready,
Chris Bendon, Jim True, Paul Menter, Bentley Henderson and Kathryn Koch.
Councilman Johnson moved to come out of executive session at 9:11 p.m.; seconded by
Councilman DeVilbiss. All in favor, motion carried.
Mayor Ireland noted Council received legal advice that it is within their discretion to
grant restaurant use or not; it is not a requirement to grant that. Councilman Johnson said
the proposal to save the theatre and to propose mid-level retail was from the applicant,
not the Council. Councilman Johnson said at the time, Council was enthusiastic about a
public/private partnership and changing this may affect Council's ability to affect these
types ofpartnerships in the future.
12
Regular Meetine Aspen City Council October 9, 2007
Councilman DeVilbiss said agrees with Councilman Johnson's sentiment; however, he
does not regret that Council moved forward with this deal. Councilman DeVilbiss agreed
mid-level retail was a significant part of this agreement and allowing a restaurant is to
Council's discretion. Councilman DeVilbiss stated he is willing to take a chance on the
restaurant, which seems like a reasonable alternative.
Councilman Skadron said he is concerned about wine vendors competing with locally
owned liquor stores. Councilman Skadron asked if this may negatively impact one of
Council's goals, which is locally owned businesses.
Mayor Ireland stated he may have a conflict of interest as he has represented some of the
liquor stores in the past. City's counsel does not feel there is a conflict; however, the
applicant should waive, or not, a possible conflict. Lord stated they waive that possible
conflict.
Mayor Ireland stated the applicant has made an effort to find amid-level retail. Under
the memorandum of understating, the applicant could look for high end retail. Mayor
Ireland said this prospective business will create vitality. Councilman Romero said he is
willing to give this a try. Mayor Ireland said this private/public partnership to save the
movie theatres was the correct thing for the community.
Councilmembers Romeo, DeVilbiss, Mayor Ireland in favor; Councilmembers Skadron
and Johnson opposed. Motion carried.
Councilman Skadron moved to adjourn at 9:40 p.m.; seconded by Councilman Johnson.
All in favor, motion carried.
Kathr .Koch, ity Clerk
13