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HomeMy WebLinkAboutminutes.council.20090727Regular Meeting Aspen Citv Council July 27, 2009 CITIZEN PARTICIPATION ............................................................................................ .. 2 COUNCILMEMBER COMMENTS ................................................................................ .. 2 CONSENT CALENDAR ................................................................................................. .. 4 • Resolution #48, 2009 -Lone Pine Pedestrian Improvements Contract ............... .. 4 • Resolution #50, 2009 -Contract SCADA System for Electric Department........ .. 4 • Board Appointment -Wheeler Opera House Student Representative - Nikolas Erickson ........................................................................................................................ .. 4 • Minutes -July 13, 2009 ........................................................................................ .. 4 RESOLUTION #49, 2009 -City Contribution For Meadowood Water System .............. .. 4 RESOLUTION #51, SERIES OF 2009 - CMAQ Grant .................................................. .. 5 ORDINANCE #18, SERIES OF 2009 - 500 Doolittle Drive, City Water Plan SPA Amendment ....................................................................................................................... .. 5 ORDINANCE #19, SERIES OF 2009 -Aspen Local Marketing District ....................... .. 6 ORDINANCE #15, SERIES OF 2009 -Fee Increase ..................................................... .. 6 ORDINANCE #17, SERIES OF 2009 -Housing Guideline Amendments ..................... .. 8 RESOLUTION #42, SERIES OF 2009 - 201 N. Mill Extension of Vested Rights Jero me Professional Building ........................................................................................................ 11 ORDINANCE #13, SERIES OF 2009 - 219 S. Third Historic Lot Split ........................ 13 RESOLUTION #52, SERIES OF 2009 -Lift One Lodge Conceptual PUD ................... 13 1 Regular Meetin¢ Aspen City Council JuIV 27, 2009 Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Johnson, Romero, Skadron and Torre present. Mayor Ireland suggested a proclamation honoring Lance Armstrong, his bicycle feat at Tour de France and honoring his Livestrong foundation. Council discussed the merits of this and requested Mayor Ireland contact Armstrong before having a proclamation. CITIZEN PARTICIPATION 1. Chip Cummins announced ARE Day, which will be held at the Aspen Meadows, Doerr Hosier August 20 to 22. Cummins said Governor Ritter and other leaders in the renewable energy field will be in Aspen. Jackie Francis said there will still be an ARE Day expo on the mall Saturday August 22, where there will be vendors and booths. 2. Elizabeth Milias brought up the City of Denver's recent building permit promotion where free building permits were issued on the spot to help stimulate the local economy. Ms. Milias told Council she contacted the city of Aspen and reported there were 1,234 building permits pulled in two weeks for $6.2 million worth of construction. Ms. Milias suggested the city have a similar program. 3. Rickie McHugh reminded Council she addressed them about 104 Wet Cooper and the 40% demolition/replacement issues. Ms McHugh said there was to be some information in the Council packet. Chris Bendon, community development department, said he will have it available for tomorrow night's work session. Bendon told Council the McHughs would like some administrative relief from a code section and there is no process for them to go through. 4. Toni Kronberg announced staff is working on a clean up and landscape plan for the recycle center. This will be discussed in a work session August 3`d 5. Marilyn Mazks said a result of the work session on instant runoff voting, staff was directed to draft advisory ballot language to be considered in August for the November ballot. Ms. Marks said an advisory vote in November 2009 and a binding vote in November 2010, will not give the city time to implement whatever the voters recommend. Ms. Mazks requested staff be directed to draft language for a binding vote and have that discussion between now and the time ballot questions are due. Ms. Mazks said she would like the community to have time to discuss alternative ways to vote as well as have the community decide whether to keep IRV. Ms. Marks said she is willing to gather signatures to have Council discuss this. 1. Councilman Romero said he is not persuaded to have a binding vote regazding instant runoff voting. The staff will not have the background work done to ask appropriate questions. Councilman Romero said the advisory vote seems to be a way to measure how the voters stand on whether IRV was the correct mechanism and it allows Reeular Meetine Aspen City Council July 27, 2009 time to respond to the feedback of the advisory vote. Councilman Skadron said he is not opposed to a binding question; however, at this point is not willing to commit to a binding question. Councilman Skadron said he would like the Council to have time to review and discuss other voting systems. Councilman Skadron said he is also concerned about the number of voters in an off-year election. Councilman Skadron said a question to change the Charter will have to be a binding question. 2. Councilman Skadron said the vitality in town is bursting out all over. Councilman Skadron congratulated a local couple, the Pomeroys, who have opened a shop at Aspen Highlands where they are produced their Cloud Nine brownies. 3. Councilman Johnson said he has not had a chance to review the work session video on instant runoff voting. Councilman Johnson said it is important that the election system be fair and understandable. Councilman Johnson agreed there should be a question on the November ballot, whether it is advisory or binding. 4. Councilman Johnson said Aspen is a great place to return after vacation. 5. Councilman Torre said drafting a binding question for the November ballot regarding elections would require that Council know what to ask and it would have to be a Charter amendment. Council has not done the research to see what kind of approach they would like on this issue. Councilman Torre said staff and Council will not have the wherewithal to put a binding question in November. 6. Mayor Ireland said the Aspen Skiing Company has announced it will not cut pay of its employees. Mayor Ireland said he hopes they are not going to raise ticket prices, which will get negative press in a recession. Mayor Ireland said he hopes the ski Company supports other business efforts to market Aspen as "affordable" and restrain prices. 7. Mayor Ireland agreed Council has not considered all different election alternatives and this November will be an all mail ballot election and perhaps a limited number of voters. Mayor Ireland stated he is against disclosing the ballots and how people voted. Mayor Ireland said Council told the electorate they would not do that. Mayor Ireland noted copies of ballots have not been made available in any previous election. Mayor Ireland said he does not favor releasing the ballots unless there was an assertion there may be a different result by hand counting the ballots. The ballots are usually only inspected under Court supervision. 8. Mayor Ireland said he is a hearing officer in Gazfield County for the Colorado Board of Equalization. Mayor Ireland noted the state prescribes how property values aze calculated. 9. Mayor Ireland said Lance Armstrong has done a service by returning to a competition that increased interest in cycling and awazeness in cancer. Councilman Torre said the fact that Lance Armstrong moved to Aspen, Colorado, to train is a tribute Regular Meetine Aspen City Council July 27, 2009 to the city. Councilman Torre congratulated Armstrong for coming in 3rd; it is an amazing feat. 10. Councilman Romero asked what the city agreed to release regazding the election information. Councilman Romero said he remembers in the side of transparency to release the strings and to run an open process on election evening. Jim True, special counsel, told Council the ordinance adopted indicated what would be released, which included a report and the strings. Mayor Ireland said a post election audit was done and Council directed staff to do a 10% sample rather than a 3% sample; that audit was done in public. Mayor Ireland stated he is confident in the results. 11. Mayor Ireland said the Intermountain transportation planning region decided to allocate all new enhancement grant money to a local project, $133,000 for the Redstone coke ovens. Mayor Ireland said the city and county are looking at way to get low cost financing for residents to borrow money for energy improvements and tax themselves through property tax. CONSENT CALENDAR Councilman Romero moved to adopt the consent calendar as amended; seconded by Councilman Johnson. Councilman Skadron asked about voting on the Lone Pine contract as he and Mayor Ireland live in the neighborhood. John Worcester, city attorney, said he takes the position they may have an interest in that contract but it is not any greater than the general interest of the community as a whole. The consent calendar is: • Resolution #48, 2009 -Lone Pine Pedestrian Improvements Contract • Resolution #SQ, 2009 -Contract SCADA System for Electric Department • Board Appointment -Wheeler Opera House Student Representative - Nikolas Erickson • Minutes -July 13, 2009 All in favor, motion carved. RESOLUTION #49, 2009 -City Contribution for Meadowood Water System Cindy Covell, city water counsel, told Council this contract is an agreement toward the cost of the Meadowood water system improvements of $2.4 million. The city's participation of about 10% will benefit the city's system at large. This is a desirable project. The city appropriated $283,000 toward main line repair and replacement, part of that appropriation was meant for this project. Ms. Covell noted there are some technical amendments to the contract in the packet. The contract is with the Meadowood Metropolitan District not the homeowners. The District requests the bonding be reduced from 125% of the project cost to 100% of the performance and payment bonds. Ms. 4 Regular Meeting Aspen City Council July 27, 2009 Covell said the district requested a cap on the inspection fees of $22,000 of which $11,000 have already been paid. Ms. Covell told Council the city and Meadowood entered into a water service agreement in 1965. The infrastructure is substandard; the District is working on an upgrade, part of which will benefit the entire city water system. Ms. Covell requested approval of the amended agreement subject to the final approval of the city attorney on minor changes. Mayor Ireland moved to approve Resolution #49, Series of 2009, subject to final approval of the city attorney on technical wording changes; seconded by Councilman Romero. All in favor, motion carried. RESOLUTION #51, SERIES OF 2009 -CMAQ Grant Mayor Ireland told Council the purpose of CMAQ grants is to grant non-attainment azeas money to work on projects to reduce particulate pollution. Mayor Ireland requested Council allow staff to draft a resolution from Aspen, Pitkin County and Town of Snowmass Village, to the state transportation advisory commission asking them not to cut CMAQ awazds in half. Mayor Ireland noted Aspen is one of the few rural non- attainment areas to get money. Aspen met its targets through paid parking, trails, caz pools, RFTA and caz share. Councilman Skadron asked how the CMAQ grants are distributed; aze there criteria. John Krueger, transportation department, said governments apply. Krueger said Aspen and Pitkin County alternate applying for CMAQ grants. Mayor Ireland moved to approve Resolution #51, Series of 2009; seconded by Councilman Johnson. All in favor, motion carried. Councilman Romero asked about the free building permit program. Mayor Ireland said there should be some staff analysis how much it could cost and whether this accelerates people who would get a permit anyway. Mayor Ireland said the analysis should include how the program will be paid for and whether this draws funding from other programs. ORDINANCE #18, SERIES OF 2009 - 500 Doolittle Drive, City Water Plan SPA Amendment Emn Evans, community development depaztment, told Council this is an SPA review, growth management review for an essential public facility for a facade remodel and carport addition at the city's water treatment plant. Ms. Evans told Council P&Z recommended approval and also approved an 8040 greenline review. Councilman Skadron asked about neighborhood impacts. Ms. Evans said this is an isolated location and the plant is on a low spot in the middle of the property. The addition is very minor. Councilman Skadron moved to read Ordinance #18, Series of 2009; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE N0. 18, Re¢ular Meetin¢ Aspen Citv Council July 27, 2009 (SERIES OF 2009) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A GROWTH MANAGEMENT REVIEW AND A SPECIALLY PLANNED AREA AMENDMENT FOR THE REMODEL AND ADDITION OF A CARPORT TO THE CITY OF ASPEN WATER TREATMENT PLANT, LEGALLY DESCRIBED AS LOT 25, WATER PLANT AFFORDABLE HOUSING AND COMMONLY DESCRIBED AS 500 DOOLITTLE DRIVE Mayor Ireland moved to adopt Ordinance #18, Series of 2009, on first reading; seconded by Councilman Tone. Roll call vote; Councilmembers Johnson, yes; Skadron, yes; Torre, yes; Romero, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #19, SERIES OF 2009 -Aspen Local Marketing District Councilman Tone moved to read Ordinance #19, Series of 2009; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE N0. 19 (Series of 2009) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ORGANIZING THE ASPEN LOCAL MARKETING DISTRICT; APPOINTING THE INITIAL MEMBERS OF THE BOARD OF DIRECTORS OF THE DISTRICT; AND APPROVING THE INITIAL OPERATING PLAN AND BUDGET FOR THE DISTRICT; AND SETTING AN ELECTION AND BALLOT QUESTION THEREFOR Councihnan Skadron noted Council approved a district only vote. Mayor Ireland said Aspen does need marketing money and the tax is appropriate; however, everyone in Aspen should vote on this tax. Councilman Tone said usually taxing districts are voted on by members of that district. Councilman Tone said he would like to discuss this more at the first public hearing. Mayor Ireland said this is a shift in the way business has done. Mayor Ireland said the map seems to include blocks without lodges that are in the district. Mayor Ireland moved to adopt Ordinance #19, Series of 2009, on first reading; seconded by Councilman Tone. Roll call vote; Councilmembers Romero, yes; Tone, yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #15, SERiE5 OF 2009 -Fee Increase Mayor Ireland opened the public hearing. Lee Cassin, environmental health department, told Council the state legislature sets fees for the consumer protection program. In 2008, the state legislature changed the fees and Regular Meeting Aspen City Council July 27, 2009 the city's fee ordinance reflects those changes. Tim Anderson reminded Council last month they approved a service agreement with Aspen Gymnastics and John Bakken. That change shifted all the administrative costs and fee collection to Bakken. The city recreation department will charge rent to that program. Anderson told Council the city fees for gymnastics are comparable to other municipalities. Councilman Johnson noted that the proposed fees for food establishing aze going up 66 to 107% at a time when restaurants aze going out of business. Councilman Johnson asked if there is a creative way to give back some of those fees to restaurants. Mayor Ireland noted the fees are set by the state and the fees cannot be cut but there could be a backfill program. Steve Barwick, city manager, told Council the amount charged to restaurants to use city space in the malls has been decreased and the city budgeted money for entertainment on the malls to help businesses. Ms. Cassin told Council the state legislature does not raise the fees annually but does it every 10 years or so, which makes the increase seem lazger. Ms. Cassin said these fees do not cover the cost of the program and the city is subsidizing some of the functions. The fees aze targeted toward the size of the food establishment. Councilman Johnson said he would like to review this program during the 2010 budget. Councilman Romero agreed he would like to look at costs and programs and trade offs during the budget review. Mayor Ireland said for the budget process, he would like information on the history of the fees, the cost of the program and alternatives to funding the program if the fees were rebated. Councilman Skadron said this is a small fee and should not prevent a going concern from paying. Councilman Romero noted on the other hand, the city could absorb the fee if needed. Councilman Romero said the gymnastics program was previously run by the city and the city was absorbing the costs and the costs and risks are being shifted over to a manager. Councilman Romero said the fee increases are 0% to 20%. Councilman Torre asked if Council will still be reviewing the fees for the gymnastics program. Mayor Ireland said staff has been negotiating a lease agreement with the operator who wanted some discretion to be able to raise fees in the future to insure the viability of the operation. Mayor Ireland agreed Council should be reviewing fees; however, what is proposed is a not to exceed contract to allow increases within limited ranges. Mayor Ireland said it will give the operator assurance he will be allowed to meet some inflationary costs, yet the Council will be able to review larger increases. John Bakken, gymnastics program, said the fee increases aze small and will only cover a fraction of the start up costs. Bakken noted the program has grown over the past several years; he hopes to make the program more efficient. Bakken agreed leaving the fee increases solely to the discretion of the contractor is a concern because of increasing the fees so much it would eliminate participants. Bakken said he thinks a not to exceed clause is a good one. Bakken said it is in his interests to keep the program affordable to get as many people in the program as possible. Bakken pointed out 80% of the program, beginners and tots, the increase is 0 to 3%. The larger increases are for the upper and highest level of the program. 7 Regular Meeting Aspen City Council July 27, 2009 Mayor Ireland moved to adopt Ordinance #15, Series of 2009, on second reading; seconded by Councilman Romero. Mayor Ireland said he think the city is fortunate to have an operator with whom they can negotiation a lease. Councilman Tone stated he supports the restaurant inspection fees but not the increase for gymnastics program. Mayor Ireland moved to adopt on the environmental health fees; seconded by Councilman Tone. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. All in favor, motion carved. Mayor Ireland moved to approve the increase in gymnastic fees; seconded by Councilman Romero. All in favor, with the exception of Councilman Tone. Motion carried. Roll call vote; Councilmembers Romero, yes; Skadron, yes; Tone, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #17, SERIES OF 2009 -Housing Guideline Amendments Mayor Ireland opened the public hearing. Tom McCabe, housing department, noted this adopts four changes to the housing guidelines. McCabe said the first amendment states it is the owner's responsibility to maintain their eligibility for ownership by paying homeowner's dues. This amendment will give the homeowners the ability to come to APCHA and request help in collecting back dues of owners in arrears. McCabe said they do not have a length of time an owner needs to be in arrears but it would be at least 90 days. McCabe said the amount of time will be included in the deed restrictions. Councilman Skadron asked if this is an enforcement measure to ensure the integrity of the housing program. McCabe said it is, as HOAs are not as diligent in collecting dues and they are reluctant to go to attorneys or courts over arrears. McCabe said the housing office can bring pressure on the homeowners and set a time line for payment. McCabe noted smaller HOAs struggle with this more than larger HOAs. Councilman Skadron stated he is appreciative of staff's effort to insure the integrity of the housing program. Councilman Johnson asked if staff thinks there will be an increase in HOAs turning to housing staff to collect outstanding assessment. McCabe said there probably will be an increase and the housing office is undertaking an educational program for homeowners. There will be two sessions; one on governance and one on collections. Reeular MeetinH Aspen City Council JuIY 27, 2009 McCabe noted the second change has to do with disposition of single deed restricted units in free market complexes. McCabe said in about a dozen complexes, the deed restricted unit could have special assessments of such a magnitude they could not handle it financially. McCabe said one approach would be to have the condominiums change their declarations so there is a different proportion between the free market units and the deed restricted units; however, that would be difficult. McCabe the proposal is that the housing office would buy these single units, give the property owner their return, remove the deed restriction and sell the unit on the free market. McCabe said this will result in a decrease in inventory but selling the unit on the free market will generate income to produce new units. Councilman Romero said at first reading he brought up that these maybe R/O units, which is not covered in the amendment. McCabe said that is a viable option. Mayor Ireland said this should be on a case by case basis. ~ The city could capture some revenue and still keep a unit in the inventory. A category owner would still be displaced. Councilman Romero said he would like the guidelines amended to reflect these type of units could be sold to R/O. McCabe said this was discussed with the County Commissioners and they did not accept R/O units as a possible choice. Mayor Ireland suggested this be put on the list of discussion items with the BOCC at the next joint meeting. Councilman Romero said his primary objective is to have a set of criteria to review including R/O and to increase options before the unit is taken out of the housing pool. McCabe said amendment #3 is to allow qualified retirees to rent their deed restricted units up to 6 months to a qualified employee. McCabe noted a person living in a deed restricted units who has worked at least 4 years can retire in that affordable housing unit with no requirement to work. McCabe said the housing office is anticipating a significant amount of retirees and the available housing inventory for workers will decrease. McCabe said this would change the requirement that one live in their unit for 9 months/year and require that one live in the unit 6 months plus 1 day/year. McCabe said that unit could be rented out for six months to qualified workers who would be here during the winter season. McCabe said this would provide flexibility for the housing program and seasonal workers. Councilman Torre asked about the 4 years requirement of living in a deed restricted units. McCabe said that has been a long standing provision of the guidelines and has not been discussed by the housing boazd recently. Councilman Johnson asked for a definition of qualified retiree. McCabe said it is a qualified worker in deed restricted housing for 4 years prior to retiring, as defined in the federal guidelines to receive 100% benefit. McCabe said the 4`h amendment is to redefine what constitutes the Roaring Fork valley and it will be defined with a map, which will be attached to the guidelines. Mayor Ireland said one outstanding issue is to bring back allowing R/O to be a possibility before selling single deed restricted units on the free market. John Worcester, city attorney, pointed out the Charter states, no member of Council shall vote on any question in which he has a substantial, personal or financial interest other than the common public interest. Regular Meeting Asaen City Council July 27, 2009 Worcester said amendment #3 could pertain to some Council. Mayor Ireland said he does not see a possibility of retiring and does not see that as a conflict. Elizabeth Milias brought up amendment 3 the proposed opportunity for retiree affordable housing residents to rent their units up to 6 months. Ms. Milias told Council the housing department has no knowledge of how many retiree affordable housing residents there are right now. Ms. Milias said it maybe only a handful today. Ms. Milias said during the 2007 housing summit, research showed 75% of affordable housing residents want to live in their units after requirement. The average age of affordable housing owner is 48. The trend line of retirees in affordable housing is on the incline. The argument for this amendment is that the retiree would stay in the community and seasonal work force housing is provided with zero impact. Ms. Milias said she feels this amendment has unintended consequences. The amendment would create a revenue stream for retirees; however, being allowed as a retiree to maintain a residence in publicly subsidized work force housing is a financial benefit and has a cost to the community. Ms. Milias said compliance will be a challenge. Ms. Milias said this proposal is premature and retiree affordable rentals should be evaluated. Staff should get an accurate number, clarify the benefit, how the compliance will work, get public input and set policy with the knowledge that retirees numbers will raise. Mayor Ireland said allowing retirees to rent their unit to a qualified employee at a restricted rental would be sharing a benefit. Mayor Ireland agreed an analysis of the number of people eligible for the amendment would be a good idea. There is a survey that has that data. Councilman Romero said the affordable housing program is over 30 years old and the initial policy was to pursue work force housing. Councilman Romero said the core principles are respect for the individual and utility of a precious resource. Councilman Romero said it is good to keep examining this issue and the other issues that come with the graying of Aspen's work force. McCabe agreed the housing program has had a human side since its inception, which is one reason it was decided if people worked in Pitkin County for 4 years before retiring, they could stay in their units. Councilman Romero asked if this guidelines is adopted, can it be reviewed and modified as the consequences become apparent. McCabe said the guidelines are meant to be flexible. Mayor Ireland moved to adopt Ordinance #17, Series of 2009, on second reading; seconded by Councilman Torre. Councilman Skadron said valid points have been raised. Mayor Ireland said he feels that people who have worked in Pitkin County and live in affordable housing should be able to rent their units. Ms. Milias said this should be evaluated further before policy is set. Councilman Skadron said the philosophy behind the affordable housing program needs to be evaluated and evolved. Councilman Skadron said he would like to know that the opportunity exists for Council to review and discuss the merits of the affordable housing program. Mayor Ireland noted Council reviews the housing guidelines annually. Mayor Ireland said he feels affordable housing is not just for workers but is for building 10 Regular Meeting Aspen Citv Council July 27, 2009 community, which requires an opportunity for people to feel they can remain in the community. Councilman Skadron said the suggestion was made that Council should understand the implications of that amendment to the housing guidelines. Councilman Skadron said there is data, like number of actual retirees now. Councilman Skadron said Council needs to discuss the unique pazameters within which people live in this community and the very viability of the community and how the affordable housing stock will be managed. Councilman Skadron said this public policy issue needs to be discussed. Mayor Ireland moved to amend the ordinance to exclude exhibit C; seconded by Councilman Torre Mayor Ireland said he does not think adopting this with amendment C harms the program or precludes Council from discussing this in the future. Mayor Ireland stated there is a shortage of seasonal housing and this may make some deed restricted units available. Councilman Skadron said he would like time to evaluate the information from this hearing. Councilman Johnson agreed he would like more time to look into this; people are making life decisions based on the guidelines and the city should have al] the information and the financial implications. Roll call vote; Councilmembers Romero, yes; Johnston, yes; Torre, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #42, SERIES OF 2009 - 201 N. Mill Extension of Vested Rights Jerome Professional Building Councilman Romero noted one of the applicants, Joe Krabacher, provides legal service to his employer. Councilman Romero said he does not believe there is a personal or financial gain. Herb Klein, applicant, told Council he and the other owners tried to get financing for this approved project. The financiers have said there is no pre-sale market and they will not approve any financing without 60%pre-sales. Klein stated the financiers said they want 60% pre-sale of the residential and 60%pre-leasing of the offices. The applicants use this building For offices so they have fulfilled the 60%pre-leasing requirement. Klein said they would like to move forward as they think it is a good project, but they aze not able to right now. This project fits in the transitional azea between the commercial core and the service oriented area below. Klein pointed out the land use code has changed and is more liberal; they could receive more FAR under the code changes. Klein noted they are comfortable with the approvals and do not want to overbuild the property. Joe Krabacher, applicant, pointed out the current code allows 1.5:1 FAR for free market and the project as proposed is under 1:1. Krabacher reminded Council at the last Council hearing, the applicants committed they would not come back and request more FAR during the extension of vested rights. Chris Bendon, community development 11 Regular Meeting Aspep City Council JuIY 27, 2009 department, noted any substantial changes would require this project to go through the entire process. Bendon said the applicant is representing they will not seek a substantial change to this approval. Bendon said vested rights allow applicants to rely on approvals for a reasonable period of time in which to get the project going forward. Bendon said it is a unique economic time right now and it is reasonable to request vested rights. Councilman Skadron stated he is opposed to additional benefit for this project. Bendon said there is no benefit except additional time. The applicant has stated they will not pursue substantive amendments to the project to address Council's concerns that they will get the project approved by Council. Mayor Ireland said the applicants aze agreeing not to take advantage of a new code adopted which would allow them more free mazket FAR. Klein agreed they will not request to change any of the FAR. Krabacher said the code states one calculates the affordable housing for free market component and for the commercial and mitigate to the greater of those two requirements. Krabacher noted this project added these two together to provide affordable housing for both components. Krabacher said they agree to lock in the free mazket, the commercial and the affordable housing squaze footage. Mayor Ireland said at the last meeting, he agreed to a 4 year extension if the city got the protection against double dipping and against FAR expansion as allowed in the land use code now Mayor Ireland moved to adopt Resolution #42, Series of 2009, amending the second whereas to indicate it is 5 free market and 5 affordable housing units, the extension be unti12015 Councilman Skadron asked why the Mayor is offering a 4 year extension. Klein said the applicants originally asked fora 5 year extension and lowered it to 3 years and offered not to change the FAR for 4 years. Councilman Skadron stated his desire is to have a project built that the Council and applicant negotiated to be built. Mayor Ireland said a 4 year extension might be an additional benefit for the community because the applicants can obtain financing and get the project done. Mayor Ireland withdrew his motion. Mayor Ireland moved to adopt Resolution #42, limitation will be 5 affordable housing and 5 free market units, vesting until February 4, 2015, the applicant will agree in language satisfactory to the city attorney on limitations to commit to the free market square footage presently proposed and the commercial space square footage as presently proposed; seconded by Councilman Johnson. Mayor Ireland opened the public hearing. Bert Myrin said the city can Team from the past and adjust things going forwazd if vested rights are not extended for a long time. Myrin stated extending vested rights compounds development in the future and removes natural pacing. Myrin said it would be unfair to 12 Regular Meeting Aspen Citv Council July 27, 2009 grant 5 year vesting to this project unless Council plans to grant 5 years to every project. This will push the construction pacing into the next boom. Myrin pointed out in 2014 the land use code may have been changed to fix problems that exist today. Myrin requested Council deny this request. If Council approves it, they should extend it only 3 years from today; to include in the resolution text to address pacing of development; include in the resolution text to address existing problems in the land use code; and add some text that the developer states they will be more successful. Patrick Sagal stated he does not find it is in the community's benefit to grant vested rights. Mayor Ireland closed the public hearing Mayor Ireland stated a property owner has the right to apply under the existing code and to be considered under the code at the time of the application as opposed to changes that are being contemplated. This may put at risk an application that the city would get an application they did not like as opposed to an application P&Z and Council worked on and liked the result. Councilman Skadron asked about pacing of development. Bendon there is a natural pacing and projects can build up and all start at once. The city does not have anything to address the location of projects; they can all be in a block or neighborhood at once. Councilman Romero said there has to be a market place to support development. Councilman Romero said growth for the community is not necessarily all bad requiring checks and controlling mechanisms. Councilman Romero agreed there is too much growth and inappropriate growth and the city has to control and manage that; however, each application has to be measured on its own and in the context of the larger AACP. The city comes to a co-developed option, a partner in developing the town with the private sector. Councilman Romero said this application exceeds areas of the land use code and may be a model for land use code amendments, like the double dipping. All in favor with the exception of Councilman Torre, motion carried. ORDINANCE #13, SERIES OF 2009 - 219 S. Third Historic Lot Split Mayor Ireland moved to continue Ordinance #13, Series of 2009, to August 10; seconded by Councilman Torre. All in favor, motion carried. RESOLUTION #52, SERIES OF 2009 -Lift One Lodge Conceptual PUD Councilman Johnson stated he lives within 300 feet of this proposed project and left Council Chambers. Chris Bendon, community development department, outlined the property east of South Aspen street and south of Dean street. Bendon said the area is zoned Lodge, Park and Conservation. This property was part of the Lift One Neighborhood Master Plan. This application was submitted in 2006 and the applicant had finished P&Z and HPC for conceptual approvals. The land use application was put 13 Re¢ular Meeting Aspen City Council July 27, 2009 on hold for the master planning process, which took up almost all of 2008. Bendon noted that master plan was not adopted and the process has terminated. Bendon said Council will need to determine which aspects of the master plan should be included in this application. Bendon reminded Council at conceptual review, they aze asked if the basic elements of the project are acceptable. There are further reviews for details; this review is for uses, the intensity of uses, scale and mass of the project and what changes are necessary to achieve acceptability of a prof ect. Conceptual review establishes a set of expectations; conceptual approval does not bind Council to approve a project at final. Bendon said tonight the 2006 application will be reviewed, the elements of the master plan that could be incorporated into this project should be enumerated by Council. Bob Daniel, representing the applicant Roaring Fork Mountain Lodge, said the fundamental things this area presents for the community is skiing, history and a current under utilization of the area. Daniel stated the applicants have spent a lot of time working with neighbors, COWOPs, city boards to understand the issues. Daniel said the applicants are required to present to Council the application acted on by P&Z in August 2007; the project was put on hold during the COWOP process Daniel said they would like to hear in what direction Council would like this project to go and how the pieces and parts might fit together. Daniel told Council the applicants are long time locals, they build and manage projects and their projects always have anon-profit component. Daniel said the applicants looked at the skiing history, the relationship between the city and the Historical Society for the lease on Willoughby pazk. Daniel told Council the applicants have worked with the Historical Society to see how they could help further their goals on this site. Daniel showed a map of the site, the buildings on site and the surrounding properties. Daniel said they worked with the city on incorporating the parks and the historic resources into a master plan for the east side of South Aspen street. Daniel told Council their planning process the reviewed goals, built up a site plan physically oriented to the property, socially understanding neighbor issues, how people use the property and the context for planning in the area. Daniel said the community influences in this azea aze self-evident. Both the AACP as it exists and the proposed revisions and the economic sustainability report, which notes the loss of hot beds, the planning pattern at the base of Aspen Mountain from east to west all show this is the place that lodging ought to be located. Daniel said there is transit tying into Rubey Pazk with no connectivity to Lift One; there aze no sidewalks on South Aspen street. Daniel noted this area was the inaugural lift for Aspen skiing. The present condition of the area is a state of disrepair and neglect. Daniel went over the informal ski patterns that exist on and through the site. Daniel told Council the applicants met with all neighbors and took into consideration ski access for those neighbors, public amenities and the impact on those neighbors. Daniel said from 14 ReHUlar Meetin¢ Aspen City Council July 27, 2009 this came 3 goals, history, accessibility and vitality. These goals were extended to the COWOP. Steve Holly, azchitect, told Council the designers took the goals of history, accessibility and vitality and used them to create a master plan honoring those goals. Holly said they tried to create connectivity and to create anchor points. The biggest anchor points are the ski museum and the lift, high speed quad, ticketing and apres ski. Holly said the plan intersperses affordable housing with the ski museum, re-use of the Steak House. There will be lodge amenities including restaurants. The plan honors and reinforces the role of skiing in the area. Holly showed slides of the existing conditions. Holly told Council the application proposes a new ski museum using the Skier's Chalet lodge, relocating it to a prominent position, bringing the park all the way down, eliminating the surface parking and putting it underground, giving Lift One predominance on site. The existing steak house will be made into affordable housing and the asset will be preserved, active and used. The current accessibility is difficult, steep, no sidewalks, no sense of destination and dangerous. The applicants propose to do improvements to Aspen street and the Dean street, including drops offs and elevator service up to the lift, transit to connect this area to other areas, like the gondola. There will be a public restaurant and apres ski, ticketing, Daniel noted the area currently does not serve Aspen's guests or the community. The applicant is proposing a public restaurant on the street so it is accessible from the street and from the ski slope. The applicants have committed to a new high speed lift, improved World Cup facilities, permanent and improved ski access. Daniel said the existing buildings are not viable to operate as a lodge without modernization. Daniel told Council at the height of lodging in this area, there was a total of 38 keys. This application meets the standards of the lodge incentive zone district and creates hot beds with fractional units and nightly rentals. The applicants propose units that lock off so that up to 97 keys will be created and added to the bed base inventory. Daniel said the lift one area is a neglected area with little connection to the Aspen community. Daniel said the attempt is to provide an integrated neighborhood approach looking at all the sites on the east side of South Aspen street incorporating pedestrian, transit, street improvements, sidewalks, accessibility to the lift, gathering places. Daniel said this proposes improvements to the parks, creates a historical society museum, a new high speed lift, below grade parking which allows green space above, on site affordable housing and lodge beds. Daniel stated the applicants aze asking for vacation of some unused rights-of--way and alleys with no connectivity. The applicants are asking to rezone some parks land to public for public facilities and the historical museum; rezoning the lift one base area from conservation to lodge to increase the bed base and to add amenities. The applicants are not asking for free mazket residential units as part of the proposal; they aze not asking for a height variance or setback variance, no increase in FAR, no off-site affordable housing. Daniel reminded Council the HPC granted conceptual approval and a conceptual PUD 15 Regular Meeting Aspen Citv Council July 27.2009 and time shaze approval was granted by P&Z in August 2007. Daniel noted the applicant established a code compliant project to bring through the process. Daniel reminded Council this project was in the process when the Lodge at Aspen Mountain was denied and the community wanted to look at the area as a master plan, which resulted in the Lift One Neighborhood COWOP beginning in January 2008 and voted two to two in January 2009. Daniel said the COWOP had 4 goals area, 3 of which are the same as those of Lift One Lodge -history, accessibility and vitality -and the 4`h was sustainability. Daniel noted an important issue in the COWOP discussions was a balance between resort and community. The COWOP thought the master plan should mitigate for 65 to 70% of the employees generated; the Council wanted 100% mitigation. Daniel said downhill skiing was addressed in their application; the COWOP spent a huge amount of time analyzing uphill transportation. The solution was a poma lift through the Lift One site. Those impacted the site plan and Lift One created a corridor for skiing and for lift access through their site. Daniel pointed out community benefits like the lift access, increased open space, and increased affordable housing units, made the buildings higher, the floor area larger, and included free market units. These changes through the COWOP process were not a part of the conceptual PUD application. Daniel told Council this application is the conceptual application which received approval from P&Z; however, there are site plans developed through the COWOP. Daniel said the applicants would like to know whether Council wants the applicant to continue on in detail with the previously approved conceptual plan or to look at what was in the COWOP plan to see what can be blended into the east side of South Aspen street. Daniel stated they are committed to master planning the area. Councilman Tone said he would favor amending the PUD to incorporate Council priorities from the COWOP plan. Councilman Skadron agreed. Councilman Skadron asked the proposed square footage. Daniel said it is 114,000 square feet. Councilman Skadron asked what the test for economic viability was. Daniel said they ran pro formas for the project that made sense based on the proposed program and the costs to create the project. Councilman Skadron asked if the museum is a critical component to the project and will it create economic viability to the project. Daniel said it does not create economic viability and was part of the original PUD application. Councilman Skadron asked if the museum in the proposed location is the highest and best use. Daniel reminded Council in 1991 there was a public vote on whether the city should lease Willoughby park to the Aspen Historical Society for the purpose of creating a ski museum. Councilman Skadron asked if the agricultural maintenance in the area will change as a result of demands from guests. Daniel told Council they have looked at different options with the HPC as one of the lift towers is under the purview of them. HPC wanted to make sure this area did not evolve into a proprietary gazden, which was also a concern to the Open Space and Trails board. 16 Re¢ular Meetine Aspen City Council Julv 27, 2009 Councilman Skadron asked if the World Cup races had ever not come to Aspen because of inadequate facility. Daniel said not to his knowledge. Councilman Skadron said he would like to know whether the lift and base improvements are community benefit or if they are a marketing opportunity. Councilman Skadron asked if the lack of dwell space makes this azea special. Daniel said his observation is that most people who go up there to ski, leave because there is no place to dwell. Daniel said he feels places that create activity and hold people in the community and create social fabrics aze a benefit to the community. These might also be a benefit to the developer; this is a relationship. Councilman Skadron asked about the steps up to the lift and are they public. Daniel said for accessibility, they aze public steps; for maintenance, they are the responsibility of Lift One Lodge. It is not the intent to privatize this area. Daniel noted the 97 keys for the lodge will not support the restaurant and apres ski area and the applicants want people in the area. Daniel said the applicants need the community and think this project provides benefit for the community. Daniel said the applicants would like direction from Council, whether they want COWOP components folded into this proposal or to go forward into details of the conceptual PUD. Councilman Skadron requested infonnation on fractional ownership units and the general impact these have on the community and how does the community benefit from fractional units. Bendon told Council at 1/7 ownership interest or smaller, the fractional units function more like hot beds. Councilman Skadron said he would like to see this managed so that inclusiveness is a value and is ingrained. Councilman Romero said he would like to see the better concepts from the COWOP merged into this application. These included the financial sureties and public protections; public outreach; public access and expanding a public transportation plan; mass and scale; improved ski lift served access and integrated affordable housing. Councilman Romero said he would be willing to look at expanded property lines into city property, which would take a public vote. Councilman Romero noted the COWOP addressed the program in this area to make sure it is more of a year round place of activities. Councilman Romero asked the autonomy of this project to achieve its goals from a potential project to the west. Daniel told Council this project stood alone and entered into the COWOP process with interdependency created through that COWOP process. Daniels stated this project has a land use application, it has goals and wants to proceed with their land use application; there is nothing in this plan that has a level of interdependency with any other property owner except the city of Aspen. Mayor Ireland agreed this application should be amended to include what can be from the COWOP. Mayor Ireland said he is concerned that the lift is moving further up the mountain and about the calculation of affordable housing because credits are based on buying a project that housed few if any workers. Mayor Ireland noted there is a difference in the number of employees to service a high end operation as opposed to those that existed on this site. Mayor Ireland noted the parking requirement is 55 spaces and the applicant proposes to supply 215, which may build in an irrevocable pattern of driving different than what the city has worked to avoid. Mayor Ireland stated he is concerned 17 Regular Meeting Aspen City Council July 27, 2009 about heated sidewalks not using a renewable energy source. Mayor Ireland said there is mention of affordable rent and he would like more information on how that would be achieved. Mayor Ireland said this is off to a good start and there will be more detail coming, Mayor Ireland opened the public hearing. Bill Wiener said there is more than one solution to this problem and this solution has been rejected by Council several times. Wiener noted during the COWOP it was discovered one thing the public is interested in is a lift into town and mass and scale. The COWOP did not discuss mass and scale, which has not changed in this application. Wiener said this application does not include a lift into town. Wiener said the solution should have a lift, should address history and vitality. Wiener suggested South Aspen street could be ski down with the lift going over the street. Leon Fell said the original PUD approval, it was stipulated that the developers have to replace the volleyball courts located on Willoughby Park. The HPC approved moving the Skier's Chalet to the parking lot. Fell asked why the building cannot be relocated and incorporating it with the cabins, building a smaller and more affordable ski museum. Fell said the developers want to keep vitality and volleyball courts can help keep that vitality. Fell noted there is no other place to relocate these volleyball courts that allows for pedestrian flow to the courts. Phyllis Bronson said people are opposed to the South Aspen street losing its essential identity; that area is sacred turf to many in the community. Ms. Bronson told Council she has met with the developer and is convinced of his intention to do the right thing on the east side of the street. The applicant is concerned about open space, about the Aspen Area Community Plan and the sense of an alpine feeling on the site. Ms. Bronson said she supports Council getting the best possible project on this site. Patrick Sagal said he would like to see vitality at the top of Lift lA; however, a 3800 square foot deck will not be used at night and will people be able to use that deck without ordering food. Sagal said he would like to see a broad prospective of options. Mayor Ireland closed the public hearing. Councilman Torre moved to continue Resolution #52, Series of 2009, to August 10~h; seconded by Councilman Romero. All in favor, motion carried. Councilman Tone moved to go into executive session at 10:25 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 Romero. All in favor, motion carried. All Council present; also present Steve Barwick, Kathryn Koch, John Worcester, Phil Overeynder, Cindy Covell and Andy Rossello. 18 ReBUlar Meeting Aspen City Council July 27, 2009 Councilman Romero moved to come out of executive session at 11:00 p.m.; seconded by Councilman Skadron. All in favor, motion carried. Councilman Torre moved to adjourn at 11:00 p.m.; seconded by Councilman Romero. All in favor, motion carried. Kathr .Koch, City Clerk 19