HomeMy WebLinkAboutminutes.council.20071112Regular Meeting Aspen City Council November 12, 2007
PROCLAMATION -Aspen High School Football Team ............................................. .... 2
OUTSTANDING EMPLOYEE BONUS AWARDS ..................................................... .... 2
CITIZEN PARTICIPATION .......................................................................................... .... 2
COUNCILMEMBER COMMENTS .............................................................................. .... 3
CONSENT CALENDAR ............................................................................................... .... 3
• December Council Meetings -December 3, and 10 .......................................... .... 4
• Resolution #92, 2007 -Contract Re-build One Compressor at the Aspen Ice
Garden ......................................................................................................................... .... 4
Minutes -October 9, 22, 29, 30, 2007 ................................................................ .... 4
ORDINANCE #49, SERIES OF 2007 - GMQS Review Christ Episcopal Church ...... .... 4
RSOLUTION #93, SERIES OF 2007 - 2008 Mill Levy ............................................... .... 5
RESOLUTION #94, SERIES OF 2007 -Adopting 2008 Budget ................................. .... 8
ORDINANCE #48, SERIES OF 2007 -Code Amendments Historic Preservation...... .... 9
ORDINANCE #46, SERIES OF 2007 -Extension of CC Business Mix and Historic
Interiors ........................................................................................................................... .. 15
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Regular Meeting Aspen Citv Council November 12, 2007
Mayor Ireland called the meeting to order at 5:00 p.m. with Councilmembers Skadron,
Romero, Johnson and DeVilbiss present.
PROCLAMATION -Aspen High School Football Team
Mayor Ireland, Council and the citizens of Aspen proclaimed Friday, November 16, 2007
as Aspen high school football day to celebrate and honor the Aspen Skiers 2007 football
team and their contributions to their school, the City of Aspen and the sporting
community of the Western Slope. Mayor Ireland presented proclamation to the coaches
and football players.
OUTSTANDING EMPLOYEE BONUS AWARDS
Steve Barwick, city manager, Mayor Ireland and Council presented outstanding
employee bonus awazds to Erin Hutchings, recreation department, and the engineering
department -Trish Aragon, Trish Nelson, Adam Trzcinski, Tyler Christoff, Bentley
Henderson, Aaron Reed and Leslie Banks.
CITIZEN PARTICIPATION
1. Jim DeFrancia, Rotary Club, reported on the 16`h annual Ducky Derby held in
August. The event raised $160,000; $90,000 of which went to youth groups in the
Valley; $24,000 to the World Service Foundation and $40,000 to other non-profits.
DeFrancia thanked all the city departments who helped make the event happen.
2. Toni Kronberg noted the Veteran's Day celebration was the best attended in the
last 20 yeazs. Dan Glidden and Dick Memtt put together a very moving ceremony. Ms.
Kronberg suggested community members interested in making contributions think about
sending money to places that help rehabilitate veterans. Ms. Kronberg said she has
worked on an outdoor swimming pool. The city is not even close to that goal and she
implored Council to get this project done right.
3. Mike Maple stated 4 months ago the community got off track with Ordinance #30
and it is time to recommit to the fundamentals of the Aspen Area Community Plan.
James True, special counsel, told Council the citizens' committee has an alternative
ordinance they would like to present and Council will have to add it to the agenda if they
are interested.
4. Jack Wilkey brought up ballot question 2C stating the hydroelectric plant will be
11,770 square feet. Wilkey said that sounds like a rather large building. Mayor Ireland
said the building will be scaled to the turbine that is purchased. The exact building size
has not been determined, but it will not be 11,000 square feet.
5. Pam Cunningham, general manager Aspen Alps, complimented the engineering
department and told Council they are terrific to work with. Ms. Cunningham asked if the
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Regular Meeting Aspen City Council November 12, 2007
storm water project is being integrated with Pitkin County. Mayor Ireland said the
county will be informed; however, this phase of the project is designed for city needs.
COUNCILMEMBER COMMENTS
1. Councilman Skadron said he recently received a compliment about Teraissa
McGovern, building department, about her efficiency and depth of knowledge and would
like that passed on.
2. Councilman Romero noted he attended the Aspen high School veteran's day
ceremony, which was very moving.
3. Councilman Romero announced November 27`h at 7 p.m. the Wheeler Opera
House is having a free screening of The Last Ridge, about the 10`h Mountain Division.
4. Mayor Ireland said the Aspen Ski company lost employee housing in a recent fire.
It will not be rebuilt before this winter to meet their needs. Mayor Ireland asked people
in the community if they have any rooms to rent to help alleviate this housing shortage to
contact the Ski Company.
5. Mayor Ireland said the city will form a citizens' committee to study the city's
finances, reviewing the scope of services offered, and the efficiencies. Mayor Ireland
said Council welcomes input from citizens. This will start in January.
6. Councilman Romero moved to add Mike Maple's proposed ordinance to the
agenda; seconded by Councilman Skadron. All in favor, motion carried.
7. Councilman DeVilbiss reported he attended the RFTA Board meeting and the
board decided to buy fuel futures.
8. Mayor Ireland said he attended the Governor's transportation task force and next
Thursday they are recommending to the governor funding levels and sources to support
transportation in Colorado. The Governor has stated there are 3 critical issues facing
Colorado -education, transportation and health care. The state will only be able to take
care of one of those issues.
CONSENT CALENDAR
Councilman Johnson moved to approve the consent calendar; seconded by Councilman
Romero. The consent calendar is:
Reeular Meeting Aspen City Council November 12, 2007
• December Council Meetings -December 3, and 10
• Resolution #92, 2007 -Contract Re-build One Compressor at the Aspen Ice
Gazden
Minutes -October 9, 22, 29, 30, 2007
Councilman DeVilbiss noted he is abstaining on the minutes of October 22 and 30 as he
was not present for those meetings.
All in favor, with the abstention noted above. Motion carried.
ORDINANCE #49, SERIES OF 2007 - GMQS Review Christ Episcopal Church
Councilman Romero and Councilman Johnson recused themselves as members of Christ
Episcopal Church.
Councilman DeVilbiss moved to read Ordinance #49, Series of 2007; seconded by
Councilman Skadron. All in favor, motion carried.
ORDINANCE N0. 49
(SERIES OF 2007)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC
FACILITY FOR 536 W. NORTH STREET, LOTS 11, 12, 13, 14 AND 15, BLOCK 99,
HALLAM'S ADDITION, CITY AND TOWNSITE OF ASPEN, CO, PITKIN
COUNTY,COLORADO
Saza Adams, community development department, told Council this is a growth
management review for an essential public facility that serves the needs of the
community and the general public. This church is located at 536 North Street, zoned R-6
in which zone churches are a conditional use. The barrel vaulted building was built in
1953; the application is to demolish and rebuild the 1970 addition. Growth management
approval is needed for the addition. The request is also to extend the barrel vaulted roof.
The reason is to update the facilities and to make the church assessable.
P&Z granted a conditional use amendment, special review to establish the parking
requirements, setback variances and recommended in favor of growth management by a
vote of 4 to 1. Staff finds this application consistent with the goals of the AACP and that
the criteria are met. Ms. Adams said she would schedule a site visit if Council desires.
Councilman Skadron asked what impact the 30% increase of floor area will have on the
immediate neighbors. Ms. Adams said she will request the azchitect do a context drawing
for 2"d reading. Councilman Skadron asked if this church were not classified as an
essential public facility, would the additional square footage have been allowed. Ms
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Regular Meeting Aspen City Council November 12, 2007
Adams said the church is a conditional use and needs an amendment of the conditional
use due to the square footage increase. Councilman Skadron said he would like to know
the steps taken to get the extra square footage and did that include this being categorized
as an essential public facility, which allows additional benefits. Ms. Adams said there is
a precedent in Aspen for churches to be essential public facilities, which determination is
made by the community development department director.
Councilman Skadron said he would like more discussion of the use of essential public
facility as a tool at second reading and that the use of essential public facility is not being
exploited. Councilman Skadron said he would like more explanation of Dylan Johns'
comments at the P&Z meeting
Councilman Skadron moved to adopt Ordinance #49, Series of 2007, on first reading;
seconded by Councilman DeVilbiss. Roll call vote; Councilmembers DeVilbiss, yes;
Skadron, yes; Mayor Ireland, yes. Motion carried.
RSOLUTION #93, SERIES OF 2007 - 2008 Mill Levy
Mayor Ireland opened the public hearing. Mayor Ireland noted that under the Colorado
constitution, the mill levy, unless otherwise approved by the voters is lowered each year
to reflect the offset of increase in property valuation with a slight increase for inflation
and new construction. Mayor Ireland stated in the absence of a vote, Aspen will be
required to lower the mill levy in order not to raise more money than it did prior to the
latest valuation of property. Mayor Ireland said since the beginning of the TABOR
requirement, Aspen has gone to the electorate each time and asked whether the voters
wanted the city to keep the additional revenue generated by property value increases tied
to specific projects. The money can also be credited to the property tax bills. Mayor
Ireland said Aspen went to the voters and asked for permission to spend the additional
revenue generated by the tax increase for specific projects; however, the city generated
more revenue than budgeted to pay for these specific projects. Mayor Ireland noted the
projects have not been completed so the exact costs are unknown.
Paul Menter, finance director, told Council the current mill levy is 5.41 mills or
$5.41/$1000 of assessed value. Menter said this resolution proposes to keep the city's
mill levy at the same level as the last two years and the voter approved TABOR excess
rate of 5.41 mills. This would generate $6.65 million in property tax revenue. Menter
noted property tax is the second largest source of operating revenue for the city. The
property tax revenue is used to fund general fund operations and general government
capital improvement program. Menter pointed out the calculated revenue under the
TABOR excess limit is $6.65 million and about $4.68 million of that is within the
constitutional TABOR limits. This $4.68 will be split between the general fund operating
budget and for the 2008 asset management capital budget.
Menter said the excess amount of $1.976 million has been set aside to be used for the 4
voter approved projects; Jenny Adair wetlands, purchase of hybrid buses, the ADA
sidewalk improvements and a pool at the Aspen Recreation Center. Menter stated
Regular Meetin¢ Asuen City Council November 12, 2007
because of the increase in assessed valuation, Council directed staff to outline options.
The first one is to leave the mill levy at 5.41 mills. The excess revenues would fund the
approved projects rather than have to borrow money from other funds to start the
projects. Menter said if the mill levy is left as is, at the end of 2008, the city will have
collected $2.8 million in excess property tax revenue, beneath the $3.1 million estimate
the voters approved in 2005. This can be referred to the new citizens committee to
review for a recommendation on these funds.
Another option is to lower the mill levy rate to cover the projects approved by the voters,
which would be 4.45 mills. This would save the owner of a residential property $75/$1
million of assessed valuation. A third option is that last week, the voters approved a .65
mill levy increase to fund the storm water project. Council could reduce the general mill
levy over the amount approved. Resolution #93 keeps the mill levy at its current rate.
Councilman Romero asked about the budget estimates for the voter approved projects
and how detailed are these estimates. Steve Barwick, city manager, told Council the
project budgets were not detailed. The ARC pools aze still not detail designed so the
budget is not known. Randy Ready, assistant city manager, told Council the $600,000 for
hybrid buses was an approximate 2004 price for 1 new or 2 upgraded buses. Barwick
said the total community need for the ADA sidewalk project is in excess of what was
approved by the voters. The Jenny Adair project approved by the voters and completed
this year cost about $350,000 more than budget and Council approved paying the balance
out of the general fund, which could be repaid.
Mayor Ireland said to spend beyond what was approved in the 2005 ballot question seems
contrary to the ballot. Mayor Ireland said the city also has to make sure that they do the
projects the voters approved. Mayor Ireland said the city should retain the existing mill
levy and if there is money left over after the projects have been fully funded, the city
could credit property tax bills.
Rachel Richards encouraged Council to keep the mill levy the same. Ms. Richards noted
the outdoor pool is not yet built; the buses on city routes are not all hybrid; the sidewalks
are not ADA accessible. There are places in the city that sidewalks are inadequate and
not complete. Mike Maple said this would be a 45% increase in tax revenue, 8.4 times
than was budgeted to come from this source of revenue. This move would increase taxes
for homeowners more in one yeaz than over the past 7 or 8 yeazs. Maple suggested the
city use a mill levy to produce 15% more in property tax revenues, not 45% more.
Mayor Ireland noted property taxes in Pitkin County in the last 10 years as a percentage
of value have declined. Maple agreed the taxes have been reasonable; however, they are
about to go up 45%.
Toni Kronberg encouraged Council to keep the mill levy at 5.41 mills and to complete
the projects that voters approved. Bill Wiener asked if projects in the proposed budget
required further Council action, like housing on the Red Brick school. Mayor Ireland
said projects like that would require land use and Council approval. Andre Wille,
Tyrolean Lodge, said he is concerned that a 45% tax increase would put his affordable
Regular Meetine Aspen City Council November 12, 2007
lodge out of business. Wille said raising taxes this much is a betrayal to residents and
businesses that have been in town a long time. Mayor Ireland noted the city cannot cut
the mill levy and then raise it to cover projects the voter approved.
Coleen Burrows noted people's salazies do not go up 45%. Some residents have put all
their money into real estate with large mortgages. Ms. Burrows asked Council to think
about how much citizens can afford to keep this community fabulous. Catherine Garland
said it was not made clear when the voters voted on these projects that it would result in a
45% tax increase. Donna Thompson asked if Aspen has considered a homestead
exemption where people who live in their house full time get a 30% reduction in tax.
Mayor Ireland noted the Colorado constitution requires that property tax evaluation
assessment be uniform without regard to the nature of ownership. Property taxes cannot
be varied; however, homeowners can get refunds out of other funding sources.
Dusty Hamrick said investments are not going up 45%/year. Ms. Hamrick said rental
units cannot be increased 45%. The taxes in 2006 were increased over the year before.
Craig Wazd suggested instead of raising the tax 45%, raise it by I S% and then raise it
another 15% the yeaz after. A 45% in one year is excessive and salaries and budgets do
not increase that much. Terry Hale said this and the budget are about the public's trust of
Council and their programs. Hale said it is important to have that trust. Hale said if
Council does not build confidence, people will not support things like historic
preservation.
Mayor Ireland closed the public hearing.
Councilman Johnson asked what proportion of the property tax bill is the city. Menter
said the city's share is about 20% of the total. Councilman Romero said he wants to
make sure the city is not constrained from funding the 3 remaining voter approved
projects. Councilman Skadron said he would like this item continued so he can review
all 3 options presented by staff. Mayor Ireland said the city needs about $3 million to
fund the projects approved by the voters which would result in a mill levy of around 5
mills.
Councilman Johnson said the Council did not create the increase in property values and
higher tax bills. Councilman Johnson noted there are at least 14 other taxing districts,
like Pitkin County, the hospital and the school district. Councilman Johnson stated he
supports full firnding of those projects approved by the voters. Councilman DeVilbiss
agreed the city should complete the projects promised to the voters. Councilman
DeVilbiss said there should be some budget for cost inflation. Mayor Ireland asked what
the mill levy would be to collect enough money to pay for these projects. Menter said a
mill levy of 4.76 will collect $4.3 million, which would pay for these projects and allow
some inflation. Mayor Ireland suggested creating a credit to bring the mill levy down to
4.76 rather than lowering the mill levy. Mayor Ireland noted if the mill levy is lowered;
the city does not have the ability to raise the mill levy without a vote. Mayor Ireland said
offering a credit on property tax bills would give the city more flexibility.
Regular Meetine Aspen Citv Council November 12, 2007
Councilman Romero moved to set the mill levy for 2008 at 4.76 mills; seconded by
Councilman DeVilbiss.
Steve Barwick, city manager, recommended against a permanent mill levy reduction.
Barwick said the law is set up so that the mill levy cannot go up without voter approval.
Barwick noted there maybe times in the future with a property value decrease or with a
need for more projects. Barwick said the city should operate within temporary tax
reductions.
Councilman Romero in favor; everyone else opposed. Motion NOT carried.
Mayor Ireland moved to credit .65 mills which will have the effect of lowering the city's
mill levy to 4.76 for 2008, put in the resolution that the city should revisit this each year
for the duration of the TABOR exemption and readjust it if necessary; seconded by
Councilman Johnson.
Councilman Romero said he would like to hear from the citizens' task force on this issue.
Councilman Skadron said he has some unresolved questions and is not convinced this is
the appropriate mill levy rate.
Councilman Johnson withdrew his second.
Mayor Ireland moved to continue Resolution #93, Series of 2007, for two weeks;
seconded by Councilman Johnson. All in favor, motion carried.
RESOLUTION #94, SERIES OF 2007 -Adopting 2008 Budget
Paul Menter, finance direction, noted the total requested budget including interfund
transfers is $104,744,000. Menter noted the operating budget is $47.4 million, a 12%
increase over 2006, this increase is based on an increase for demand for services; a
capital budget of $33.3 million, which is consistent with the annual capital improvement
program; and a debt service of $5.7 million. Menter said next year this will decrease
42% as there will be an advance refunding of Truscott bonds.
Menter pointed out $84,386,000 total expenditure appropriations; interfund transfers total
$20.4 million equaling $104 million appropriations. Menter showed noted the non-
payroll increases are 2.1 %; payroll costs increases for 295 full time staff and about 100
part time and seasonal employees are $23.5 million, which is 3.3% increase and covers
inflation and merit raises. Menter said there were 6 FTEs added to the budget by Council
in 2007, which are incorporated into the full year budget totaling a 1.3% increase.
Menter noted one-time new funding requests for all departments amounts to $465,000
and includes aone-year FTE for community development department and consulting
services for the AACP and outside office rental space. There is $1,025,000 funding
requests for on-going new funding requests including 6.5 additional FTEs. There is an
Regular Meeting Aspen City Council November 12, 2007
increase in marking transportation funding which is a pass through from the 1 % lodging
tax, half goes to ACRA and half pays for in-town transportation through RFTA. Menter
pointed out there is an increase for the proposed city-employee housing of $140,000 and
construction fund of $950,000 of contributions from existing operating funds to finance
construction of 100 units of housing over the next 10 years.
Mayor Ireland moved to continue the public hearing and Resolution #94, Series of 2007,
for two weeks; seconded by Councilman Johnson.
Mayor Ireland opened the public hearing
Toni Kronberg said this week the EOTC is meeting and will discuss a possible pedestrian
bridge at Buttermilk as well as reinstating the free bus service between Aspen and
Snowmass. Council should note these expenditures. Ms. ICronberg said the number of
affordable housing unit at Burlingame should be expanded. Mike Maple suggested the
sales tax be increased. Maple said only 54% of the retail sales in the city are subject to
sales tax. Only 17% of fur sales pay city sales tax; only 14% of galleries and 26% of
jewelry pay city sales tax. Maple told council only 50% of liquor sales are subject to city
sales tax. Maple said people who shop in city stores are being under taxed in sales tax
and this should be corrected. Maple said collecting half of this would garner the city $2
million/year.
Mayor Ireland reminded Council items shipped out of state are not subject to city sales
tax because they are not used within the jurisdiction. Maple encouraged Council to
investigate changing the definition so that the city can charge sales tax on services.
Maple said there appears to be abuse of shipping items out of Aspen and Colorado.
All in favor, motion carried
ORDINANCE #48. SERIES OF 2007 -Code Amendments Historic Preservation
Chris Bendon, community development department, reminded Council Ordinance #30
addressing historic designation of houses 30 years and older was adopted as an
emergency ordinance, which provided protocol around review of properties for historic
designation. Bendon reminded Council amendments were requested to Ordinance #30 as
well as a process to analyze the entire historic preservation program. Staff came back
with a new ordinance #45. After first reading, staff made significant amendments and
created a new ordinance, #48.
Bendon said in first reading of #48, Council was presented with options and gave
direction on all options except the provision for economic considerations for designation.
Bendon said staff has been working with the citizens group to make changes to the
ordinance and this is a much improved ordinance.
Amy Guthrie, community development department, noted the definition section was
amended to define new terms or define review processes that have not existed before.
Regular Meeting Aspen Citv Council November 12, 2007
Potential historic resources is how the list is described, the purpose of the list, how
properties get off the list. One of the purposes of Ordinance #48 was that Council wanted
to move away from the idea every property 30 yeazs or older is subject to regulation. The
list contains staff s recommendation for properties that aze worth discussing. Ms.
Guthrie told Council staff looked at integrity, how many alterations to a property, was
there a specific architect, how refined of an azchitectural example was the building is how
the list was built.
Ms. Guthrie noted this list will not be expanded for 10 years; it can be amended as
properties go through the designation process and are not approved for designation, they
will be taken off the list. Interior remodel, basic maintenance work and minimally
intrusive work is exempt from this ordinance. Ms. Guthrie said if a property owner wants
to know whether their property should be on or off the list, the community development
director will use the existing landmark criteria to develop a preliminary conclusion
whether the property has significance. If the community development director
determines a property does not have historic significance, HPC and Council have a few
days to object; if they do not object, the property is off the list. If the community
development director determines there is historic significance, the ordinance outlines the
next step in the review process.
Ms. Guthrie noted the ordinance outlines how a property owner can confirm their
property is not on the list. Ms. Guthrie pointed out there has been an effort, in writing the
ordinance, to put the property owner in control of the pace of the process. The ordinance
contains penalty provisions if someone does work without an approval. Ms. Guthrie said
the actual designation is similar to the existing process with amendments on dealing with
post WWII properties. The criteria for historic designation have not been changed and
these should be addressed by the citizens' task force. Ms. Guthrie pointed out in the
existing ordinance a property has to meet one out of three criteria for designation; this
states a property has to meet two criteria.
Ms. Guthrie said the notion that if a property owner could not prove a property was built
less than 30 years ago, it would be assumed that to be the case. This ordinance is more
flexible on that issue. The ordinance requires staff submit their memorandum to the
property owner 30 days in advance of the HPC hearing on designation. The ordinance
outlines the landmark process; HPC makes a recommendation to Council. If there is an
involuntary designation, HPC has to approve that by super majority. If super majority is
not received, the matter will die and not go to Council. If the property proceeds to
Council, they will hear a recommendation from HPC as well as getting an economic
impact report, if requested by the property owner. If Council denies a ]andmazk
designation, the property cannot be brought up for designation again for 10 years.
Bendon told Council there are 3 options for economic impact. The first asks Council to
consider whether there has been a taking as a result of designation, the removal of all use
of a property. The 2"d and 3`d options rely on an economic impact examination panel; the
ordinance outlines how the panel will be constituted and what they go through. The
panel will be a volunteer board whose members have expertise in the industry. The
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Regular Meeting Aspen City Council November 12, 2007
economic impact panel will make a determination and report to Council. In option 2,
Council is asked to provide mitigation to the property owner if the economic impact is
unreasonable. In option 3, Council is asked to provide mitigation to the property owner
in any circumstance. Mitigation would be financial compensation and could also be
benefits.
Bendon presented language to modify option 2; one is to allow Council to pay the
economic impact and to provide them with staff assistance. The amended language states
it is at Council's sole discretion to mitigate a property owner.
Ms. Guthrie noted if this ordinance is adopted, property owners on the list will be notified
by registered mail. Some property owners already received a determination through
Ordinance #30; this can be extended to 10 years. Ms. Guthrie said there is a provision in
this ordinance that HPC begin to narrow the list and they are designing a process by
which they can accomplish that.
Bendon noted at first reading, the idea of a "public defender" was brought up. The
ordinance allows the city to retain an expert. Bendon suggested a top set number for
mitigation per property. Ms. Guthrie asked that Council give staff direction on the policy
task force, the application process and that while the policy task force is completing its
work, the city will not undertake any designations without owner consent.
Mayor Ireland asked if staff had comments on the ordinance suggested by the citizens.
Bendon said he has not seen it and pointed out any code amendments must go through
review by P&Z before coming to Council. Councilman DeVilbiss asked for a definition
of "takings". Jim True, special counsel, said the phrase referred to in takings is
"reasonable investment backed expectations" and there are Supreme Court cases finding
a taking is when there is no real economic value retained on the property after whatever
government action.
Mayor Ireland noted Council has discussed repealing this and starting over. Councilman
Romero said he would be willing to drop Ordinance #48 and to repeal Ordinance #30
with some conditions putting the process back to commissioning a task force to look at
updating the overall historic preservation code, trying to get community consensus and
appeal to the public. Councilman DeVilbiss said there maybe some peril in repealing
Ordinance #30 and there would have to be conditions or adjustments.
Councilman Skadron stated he does not support Ordinance #48. Councilman Skadron
said he does not support the notion of the city writing a check to property owners. The
10 year window may have unintended consequences. Councilman Skadron said he is
uneasy with the precedent of codifying a super majority. Councilman Skadron said he
will support a repeal of Ordinance #30 and ask for a suspension by the city of designation
of properties for a certain period of time. Councilman Skadron said he would like
historic preservation be improved by an objective group of citizens in order to get
improved criteria, and the process which leaves a historic preservation code that is
credible and fosters a valid basis for designating properties.
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Regular Meetine Aspen City Council November 12, 2007
Mayor Ireland said Council has agreed there aze 2,000 properties that should not be
dragged on and these should be out from under a cloud. Mayor Ireland said he is inclined
to adopt this ordinance with a 6 month sunset clause so that new standazds could be
adopted during that time. An alternative would be that a property the city may think is
historic cannot be demolished for 6 or 12 months while the city negotiates a package of
benefits to leave the property as it is with the property owner.
Mayor Ireland opened the public hearing.
Amy Margerum, representing the Aspen Institute, noted the Aspen Institute is under an
approved master plan, which provides for historic review. Ms. Margerum asked if the
grounds, as well as the buildings, are under this ordinance. Ms. Margerum told Council
the Institute has gone through reviews with the HPC and the end result was a better
project. Ms. Mazgerum said if the city is going to add properties to the historic list,
Council has to ask management to look into the time and money it takes to go through the
HPC process; it is onerous and costly, especially for anon-profit organization. Ms.
Guthrie said the grounds of the Institute are not protected. Ms. Margerum stated she is
vehemently opposed to designating the grounds of the Institute.
Councilman DeVilbiss moved to suspend the rules and extend the meeting to 10 p.m.;
seconded by Councilman Romero. All in favor, motion carried.
Pam Cunningham, Aspen Alps, submitted a letter opposing the inclusion of the Aspen
Alps on the list of historic properties. Terry Hale said Council has a chance to revisit the
entire concept of historic preservation, not just Ordinance #30. Hale said this has not
been a waste of the past 4 months but is an opportunity to rewrite the historic
preservation code with input from builders and architects and other community members
so that it is something the community is proud of.
Chip Freeman submitted a letter on this issue with all his thoughts. Helen Klanderud
asked what rationale has been used to have the properties on the list, on the list. Ms.
Klanderud said all properties should be taken off the list until there is a historic
preservation code that the community can accept and support. Ms. Klanderud said there
are no criteria as to who are notable azchitects, what in modern buildings is truly
extraordinary and ought to be preserved. Ms. Klanderud said one needs to be able to look
back and see what stands the test of time, more than 30 or 40 years.
Les Holst said he supports historic preservation which leads to a viable economic
community. Historic preservation is about scale and massing. Holst suggested
designating the entire town, which would preserve property values for everyone.
Connie Harvey said the city has discretion on whether property owners receive
compensation which will set up resentments and entanglements which does not make a
lot of sense and is a dangerous and unpleasant approach. Toni Kronberg said she
supports historic preservation and passage of this ordinance. Mark Friedberg said he has
looked at the majority of properties on this list. Friedberg said the city should be looking
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ReEUlar Meeting Aspen City Council November 12, 2007
for a sense of reasonableness in trying to approach the goal of what the buildings are that
are meaningful in contributing to the welfare of Aspen. Friedberg said without the
community input and review of criteria for post WWII buildings, there will not be
resolution. Friedberg said the time that has been put into this will help the community
think more clearly about what they want as the end result.
Marilyn Marks said much of input has been citizens saying the community ought to be
involved in this process. Council needs to find out what the community wants. Ms.
Marks said major changes have been made to Ordinance #48; however, it is still overly
complex and expensive to property owners. Ms. Marks said the ordinance leads to a lack
of support and goodwill for a historic preservation program. Ms. Marks said the list of
historic potential properties feels flawed and arbitrary. Ms. Marks said this is not
consistent with the AACP, such as buildings should not take precedence over people who
live in them.
Mike Maple aid his proposed ordinance would repeal Ordinance #30 and revert back to
the 2002 code. The task force could go forward and update historic codes. Maple
suggested Ordinance #48 could be amended by deletions throughout the ordinance
leaving only 100 year old structures protected. Christina Crandall said protecting
structures in Aspen maybe too late. Aspen is going from generally small in mass and
scale buildings to an upscale community. Ms. Crandall said the option to seek historic
designation through creative uses of incentives is a more desirable approach. Ms.
Crandall said the proposal seems overly complicated.
Jack Wilkey said he has only received one letter and has no idea why his building is on
the list of potential historic structures. Scott Hicks asked the process to exercise one's
right to do future development on the property. Hicks said in his experience there is a lot
of subjectivity to historic preservation and review and it took him two years to get
through a historic approval process. Henry Hite said some of the post WWII buildings
are not energy efficient and need to be tom down. Pierre Wille, Tyrolean Lodge, told
Council this property is already in the Main street historic district. Wille said they have
been holding the building together with band aids for the last 20 years. Wille noted some
buildings aze historic and some aze just old.
Jesse Boyce said finding ways to remodel potential historic structures in a tasteful way
and help with the canary initiative would be a good thing. Boyce suggested coming up
with an incentive or funding source and let people come to the city to see what benefits
there are in historic preservation. Susan Capiel Collin stated she supports the majority of
the comments. The city needs to start over and scrap the list. Roine St. Andre said this
community is about the people, not the buildings. Ms. St. Andre said this ordinance has
been divisive.
Bill Wiener said governments do things that increase or decrease property values; things
that are good for neighborhoods or bad for neighborhoods. Wiener noted when
properties are upzoned and people's values go up, they do not offer to pay the city for the
13
Re¢ular Meetine Aspen City Council November 12, 2007
difference in property values. Wiener said one reason Aspen's property values are so
high is that previous governments had values and protected this community.
Mayor Ireland closed the public hearing.
Councilman Johnson moved to suspend the rules and extend the meeting to 11 p.m.;
seconded by Councilman Romero, All in favor, motion carried.
Councilman Johnson said there is fear and distrust in the community over this issue.
Councilman Johnson said there has been misinformation throughout the community.
Councilman Johnson noted he has stated a list is an easy way to treat people unfairly
rather than treating everyone the same. Councilman Johnson said he feels the past 4
months could have been better spent with a large community discussion on historic
preservation. Councilman Johnson said the city was to draft an interim ordinance and got
off track. Councilman Johnson said other issues are values that Aspen has endorsed
through the AACP and the core beliefs of 2006. Council needs to consider al] view
points, to gather a diverse group of citizens to make a recommendation to Council on this
issue. Councilman Johnson stated he supports creating a task force to represent all
citizens of Aspen and to be charged with making recommendations to Council.
Councilman Johnson suggested hiring an independent facilitator to insure all viewpoints
are heard.
Councihnan Romero reiterated he would like to drop Ordinance #48 and repeal
Ordinance #30 and start over. Councilman Romero agreed there are core principles over
preservation; however, there are many different definitions surrounding preservation.
Councilman Romero said if the two ordinances are repealed, he would like the city to
suspend all designations and let the process go through its steps.
Councilman DeVilbiss said he would like to see written legislation to accomplish what
other Council has discussed so it can be voted on. Councilman Skadron said he feels it is
appropriate to repeal Ordinance #48. Councilman Johnson said he would be willing to
work with staff to draft an ordinance outlining the duties of a task force. Councilman
Johnson stated he does not support any action that would provide no protection for
historic properties. Councilman Johnson said he would like the task force to make
recommendations to Council first. Councilman Johnson stated what is needed is a
balance between economic fairness and historic preservation.
Councilman Romero said he feels repealing Ordinance #48 is not as much of a
component of historic preservation but as a restoration of community relations.
Councilman Johnson stated new legislation to replace Ordinance #30 is needed before
anything is repealed. A task force ought to be charged with protection of the structures
that have been discussed over the past 4 months. Councilman Johnson agreed Ordinance
#48 should be dropped and Ordinance #30 should be repealed when there is some other
legislation in place.
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Regular Meeting Aspen City Council November 12, 2007
Mayor Ireland said he would like the potential historic properties protected until they can
be reviewed, released or designated. Mayor Ireland said he would like to know what the
community at large wants, not just what the affected property owners want. Mayor
Ireland said he does not want this process to go on for another year or two. Councilman
Romero noted there is consensus to have a task force; however, this will take time
resulting in uncertainty for anyone whose property is on the list. Councilman Romero
said the process should go forward without encumbrance of these two ordinances.
Mayor Ireland asked who would limit the process to the current exhibit A list of potential
historic properties; this would be demolition review while the task force is doing their
job. Councilman Johnson agreed with that. Councilman Johnson said he supports the
notion of certainty for a period of time when a property knows they will not be
considered for historic designation. Councilman Johnson said he does not think Council
ought to tie the hands of the task force on any issue.
Councilman Skadron agreed with a suspension of the city involuntary designations,
which means no list. Councilman Skadron stated his intention is to repeal Ordinance
#30 and to return to procedures before that.
Councilman DeVilbiss moved to suspend the rules and extend the meeting to 11:15 p.m.;
seconded by Councilman Johnson. All in favor, motion carried.
Mayor Ireland moved to continue Ordinance #48, Series of 2007, to 11/26 with the
direction to strike all language other than demolition review of the list on exhibit A, put a
time limit of 6 months at which time the ordinance sunsets and to create a task force to
consider all the issues raised by this and to allow in the interim with the existing
standards that the HPC further narrow the properties while the citizen committee is
operating; seconded by Councilman Johnson. All in favor with the exception of
Councilmembers Skadron and Romero. Motion carried.
Councilman Johnson moved to continue Ordinance #28, Series of 2008, 508 East Cooper
and Resolution #95, Series of 2007, Extension of Vested Rights 110 East Bleeker, to
November 13`h at 3 p.m.; seconded by Councilman DeVilbiss. All in favor, motion
carried.
ORDINANCE #46, SERIES OF 2007 -Extension of CC Business Mix and Historic
Interiors
Chris Bendon, community development department, recommended Council adopt this
ordinance and extend the moratorium to June 12, 2008, so staff and Council can continue
to work on code amendments.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
15
Regular Meeting Aspen City Council November 12, 2007
Councilman DeVilbiss moved to adopt Ordinance #46, Series of 2007, on second
reading; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers Johnson,
yes; DeVilbiss, yes; Romero, no; Skadron, yes; Mayor Ireland, yes. Motion carried.
Councilman Johnson moved to continue the meeting to November 13~h at 3 p.m.;
seconded by Mayor Ireland. All in favor, motion tamed. Council left the meeting to
11:15 p.m.
~_
Kat S. Koch, City Clerk
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