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HomeMy WebLinkAboutminutes.council.20130812Regular Meeting Aspen City Council August 12, 2013 1 CITIZEN PARTICIPATION .......................................................................................................... 2 COUNCILMEMBER COMMENTS .............................................................................................. 2 CONSENT CALENDAR ............................................................................................................... 3 Request to Use Wagner Park and Fee Waiver - Aspen Skiing Company - The Meeting.... 4 Board Appointments ............................................................................................................ 4 Resolution #76, 2013 - Appointing Burlingame Housing Inc. Board Members ................. 4 Resolution #75, 2013 - Ruedi Reservoir Water Acquisition ............................................... 4 Resolution #78, 2013 - Contract Sopris Engineering - Burlingame Phase IIA(i) Condo Mapping Services ........................................................................................................................ 4 Delta Airlines Contribution.................................................................................................. 4 Resolution #79, 2013 - Burlingame Phase II Construction Contract Change Orders ......... 4 Resolution #77, 2013 - Data Center contract with PCL Construction Services ................. 4 Minutes - July 22, 2013 ....................................................................................................... 4 ORDINANCE #32, SERIES OF 2013 – 201 N. Mill Street Subdivision Amendment.................. 4 ORDINANCE #33, SERIES OF 2013 – 300 W. Main Subdivision Amendment ......................... 5 ORDINANCE #25, SERIES OF 2013 – 507 Gillespie – Establishment of TDRs......................... 6 ORDINANCE #27, SERIES OF 2013 – 420 E. Hyman Subdivision Review ............................... 6 ORDINANCE #23, SERIES OF 2013 – S. Aspen Street Subdivision/PUD.................................. 8 Regular Meeting Aspen City Council August 12, 2013 2 Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Frisch, Mullins, Daily and Romero present. CITIZEN PARTICIPATION 1. Peter Fornell asked where the proposal for affordable cash-in-lieu is. Steve Barwick, city manager, said he doesn’t have a time line but will find out. Councilman Frisch said this will be one of the top ten goals discussed at the Council retreat. COUNCILMEMBER COMMENTS 1. Councilman Romero said the Aspen Ducky Derby was well received and looks like it was a good funding raising event. 2. Councilman Romero noted Saturday night was a Heritage dinner in Snowmass celebrating 40 years as a community. 3. Councilman Romero told Council he attended a Hospice of the Valley fund raising dinner; this is an important cause in the community. 4. Councilwoman Mullins said August 3rd there was a volunteer wetland planting day at the John Denver sanctuary and 50 volunteers planted over wetland 1000 plants and 250 trees and shrubs. This was sponsored by Roaring Fork Outdoor Volunteers, the city and the Roaring Fork Conservancy and is part of the storm water drainage plan. 5. Councilwoman Mullins said the Aspen Historical Society held an Ice Cream social, which was a nice event; the Science Center has an event in Paepcke Park with an impressive group of exhibitors and Art Aspen with many modern art works was at the Ice Garden. 6. Councilman Frisch agreed the Science Center held a great event. Mayor Skadron said everyone should see Les Miz put on by Theatre Aspen; it is a great performance. 7. Mayor Skadron congratulated Rotary for the successful Ducky Derby. 8. Mayor Skadron commended the participants in the recent athletic event, the Power of Four, and the bike and the Aspen Triathlon. 9. Councilwoman Mullins reported on the Ruedi Water and Power Authority meeting; they discussed the aquatic nuisance species program, which is going well; there is some evidence that the low winter flows are adversely affecting the fish. The Roaring Fork Conservancy proposed a study in order to establish baselines. There was a report on the grant to CWCB for the conservation plan. 10. Councilwoman Mullins said she attended the Health and Human Services POD; at the end of the meeting, each community non-profit reported on what is happening with their agency. Regular Meeting Aspen City Council August 12, 2013 3 11. Councilman Romero said the Pro Challenge bike race was discussed at the ACRA board meeting, going over the details, parking, traffic management and logistics. 12. Mayor Skadron said exciting at RFTA is the completion and inauguration of the new bus rapid transit system; the buses will be quieter and cleaner and will run on compressed natural gas. The project is funded by a federal grant and by RFTA. The project will be delivered on time and on budget. CONSENT CALENDAR Councilman Romero said he would like to discuss Wagner Park and Resolution #79, Burlingame change orders. Request to use Wagner Park and Fee Waiver. Buck Erickson, Aspen Ski company, told Council in the past this event has been held at Wheeler Opera House and Filmfest has always had first dibs on the Wheeler. Erickson said this year the Wheeler will be closed. The Ski Company picked their dates, which happens to be the same as filmfest event. Erickson said the Ski company has been discussing this with Filmfest and will promote both events. Councilman Romero said it does not seem like there would be a lot of overlap in audiences and cross marketing could be constructive. Councilman Frisch said he supports this event and the fee waiver. Councilwoman Mullins asked if the requested $500 will cover staff’s efforts. Stephen Ellsperman, park department, said staff is supportive of this proposal because it is a community event and the impact to the park is minimal and it is a onetime event. Councilman Daily said the detail of mutual support between the two organizations will be important. Kip Hubbard, Filmfest, told Council their films will take place at both the Isis and Paepcke and is scheduled for September 25 to 29. Resolution #79, 2013 – Burlingame II change orders. Councilman Romero said he took this off the consent agenda because he wanted to point out the excellence of the management for this item. It is well run, the memorandum and the supporting document are clear and well documented. Councilman Romero stated he appreciates how this work was organized. Councilwoman Mullins moved to approve the consent calendar; seconded by Councilman Romero. The consent calendar is: Regular Meeting Aspen City Council August 12, 2013 4 • Request to Use Wagner Park and Fee Waiver - Aspen Skiing Company - The Meeting • Board Appointments Historic Preservation Commission John Whipple – Regular Jim DeFrancia – Alternate Liquor License Authority Jeff Wertz – Regular Amos Underwood – Alternate Election Commission Bob Leatherman; David Hyman Commercial Core & Lodging Fred Ayarza Kids First Advisory Committee Carolyn Fields • Resolution #76, 2013 - Appointing Burlingame Housing Inc. Board Members • Resolution #75, 2013 - Ruedi Reservoir Water Acquisition • Resolution #78, 2013 - Contract Sopris Engineering - Burlingame Phase IIA(i) Condo Mapping Services • Delta Airlines Contribution • Resolution #79, 2013 - Burlingame Phase II Construction Contract Change Orders • Resolution #77, 2013 - Data Center contract with PCL Construction Services • Minutes - July 22, 2013 All in favor, motion carried. ORDINANCE #32, SERIES OF 2013 – 201 N. Mill Street Subdivision Amendment Jennifer Phelan, community development department, said this is a request to amend an existing approval from 2008 which granted redevelopment, an increase in commercial office space, 5 free market and 5 affordable housing units, the approvals are valid until 2015. The request is to permit a reconfiguration by reducing the commercial office space, lower the number of free market and of affordable housing units to 4 each. The off street parking will be reconfigured. Councilman Romero said Joe Krabacher owns a small portion of this project and Krabacher represents Councilman Romero in some matters. Councilwoman Mullins asked about the affordable housing categories and whether there was any negotiating with the categories. Ms. Phelan said the code requirement is for category 4 or lower; the original ordinance proposed a mix in the categories. Councilwoman Mullins said she would like to see graphics of building heights and how it compares to adjacent properties. Ms. Phelan said staff favors the design. Mayor Skadron said for second reading he would like some explanation about why this project has come back to Council twice. Regular Meeting Aspen City Council August 12, 2013 5 Councilman Romero moved to read Ordinance #32, Series of 2013; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 32 (SERIES OF 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION-OTHER AMENDMENT, GROWTH MANAGEMENT REVIEW- SUBSTANTIAL AMENDMENT AND COMMERCIAL DESIGN REVIEW APPROVAL- OTHER AMENDMENT FOR 201 NORTH MILL STREET, LEGALLY DESCRIBED AS THE JEROME PROFESSIONAL BUILDING CONDOMINIUM, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Romero moved to adopt Ordinance #32, Series of 2013 on first reading; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Frisch, yes; Daily, yes; Mullins, yes; Romero, yes; Mayor Skadron, yes. Motion carried. (Councilman Romero left the Council meeting). ORDINANCE #33, SERIES OF 2013 – 300 W. Main Subdivision Amendment Justin Barker, community development department, told Council this is a request to remove a condition of approval from a 1988 ordinance. This property contains a historic cabin and a residential addition. In 1988 there was the cabin and the owners were converting the cabin to a restaurant and adding a residential addition by historic designation and conditional use. Council had concerns over employee mitigation for the restaurant use and they placed a condition on the historic designation, restricting occupancy as an accessory to the restaurant use. The restaurant has not been in operation for over 20 years and the request is to remove the condition from the historic designation. Councilman Frisch moved to read Ordinance #33, Series of 2013; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE NO. 33 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE NO. 21 (SERIES OF 1988) TO REMOVE A CONDITION OF SAID ORDINANCE FOR THE PROPERTY LOCATED AT 300 W. MAIN STREET, LEGALLY DESCRIBED AS LOTS Q, R AND S, BLOCK 44, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Regular Meeting Aspen City Council August 12, 2013 6 Councilman Frisch moved to adopt Ordinance #33, Series of 2013, on first reading; seconded by Councilman Daily. Roll call vote; Councilmembers Mullins, yes; Frisch, yes; Daily, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #25, SERIES OF 2013 – 507 Gillespie – Establishment of TDRs Justin Barker, community development department, reminded Council this request is to establish two transferrable development rights which would reduce the allowable floor area by 500 square feet. Barker said the purpose of TDRs is to encourage historic preservation by relieving development pressure. This lot was created from a lot split and is a 4,572 square foot vacant lot with a floor area of 2,840 square feet. Severing two TDRs would leave a floor area of 2,340 square feet. Barker pointed out staff finds this to meet the review criteria. Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the public hearing. Councilwoman Mullins moved to adopt Ordinance #25, Series of 2013, on second reading; seconded by Councilman Daily. Roll call vote; Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #27, SERIES OF 2013 – 420 E. Hyman Subdivision Review Councilwoman Mullins recused herself having reviewed this on HPC. Sara Adams, community development department, said this building has retail uses and the proposal is to demolish that building and replace it with a three-story mixed used building with commercial uses in the basement, first and second floors, 3 affordable housing units on the second and third floors, and one free market unit on the second and third floor. This project is being reviewed under the previous land use code which allowed for free market residential and building heights of 38’ to 42’; this is proposed at 38’. Ms. Adams reminded Council HPC granted conceptual review, which was called up by Council regarding mass and scale and sent back to HPC. The approval was upheld by HPC. P&Z granted growth management approval and recommended in favor of subdivision. HPC will have final commercial design review after the project is approved by Council. Ms. Adams pointed out subdivision criteria (a) addresses compatibility with neighborhood context, which HPC looks at and the details happen after subdivision review during final HPC review. Ms. Adams told Council the applicant is prepared to show design direction for final design as there have been concerns voiced about design and staff included a condition in the ordinance stating Council has the ability to call up HPC’s final design decision. Staff is recommending approval of this ordinance as meeting the criteria in the land use code. Charles Cunniffe, representing the applicant, said the streetscape shows this building is not bigger than the surrounding buildings and the applicants believe it is compatible. Cunniffe said the design is not meant to be imitative of the past; this building was built in the 1960’s and is not Regular Meeting Aspen City Council August 12, 2013 7 a historic building and is in need of repair. Cunniffe noted glass is only a small percentage of the entire building; the mall façade, by being more transparent, gives more substance to the adjacent buildings and background architecture. The third story is stepped back the same as the building next to it and is not as high. The buildings across the mall are tall and some are four-story. Councilman Daily stated he appreciates the new design technology this building represents and is glad HPC will have final design review. This building sits to the west of historically designated buildings and all buildings going west are not historically designated. Mayor Skadron asked what assurances there are that this building will not stick out and be out of place. Cunniffe said this building matches the heights, articulations, widths of bays and shapes of the buildings around it. Mayor Skadron opened the public hearing. Councilman Frisch stated he is supportive of going with the outlined process. Mayor Skadron closed the public hearing. Mayor Skadron stated the applicant is requesting subdivision approval under the previous land use code which approval is contingent upon general compliance with the review standards which speaks to consistency or character of the existing land uses in the area as well as adversely affecting future development. This application results in a mixed use building including a penthouse and commercial uses; there is a residential component on the property. Mayor Skadron noted recent evidence of residences in the commercial core and complaints about businesses in the commercial core that have existed prior to these residences demonstrates a lack of compatibility with residential in the commercial core. This building is in the commercial core, which is an important part of Aspen’s commercial economy – restaurants, bars and entertainment – are part of that commercial success. Mayor Skadron noted allowable uses in the commercial core include restaurants and nightclubs. Mayor Skadron stated a penthouse in a mixed use building is not compatible with the surrounding neighborhood and this application fails to satisfy criterion # 2 – the proposed subdivision shall be consistent with the character of existing land uses in the area and #3 – the proposed subdivision shall not adversely affect the future development of surrounding areas and he will vote against the project. Councilman Daily stated he shares the concerns about the impact free market condominiums are having on vitality in the downtown core. Councilman Daily stated this has become a larger problem in the last few months. Councilman Daily said Council needs to take that into consideration before a final vote on this project. Councilman Daily asked if the applicant has suggestions that might address this concern. Cunniffe told Council the applicant intends to live in this space. This could be addressed in a sales agreement. Cunniffe said it is healthy for a community to have people living in town and a few people have complained and it is affecting the entire community. Cunniffe stated living in town comes with certain expectations and that should be why people chose to live in town. Councilman Daily suggested the applicant bring to Council a concrete proposal to address this issue. Councilman Frisch said a concern with this is the owner of the building keeping the ground floors vacant and could there be a covenant to prevent that. Cunniffe suggested a covenant that all existing uses within the building are currently permitted and that the owner will do nothing to prohibit or limit those uses. Jim True, city attorney, said covenants can be problematic. True said this needs to be better thought out if the project is going forward. True pointed out there are only 3 Councilmembers present and it takes 3 positive votes to adopt an ordinance. Cunniffe pointed out this is a replacement building with the same uses; it is not a new development. Regular Meeting Aspen City Council August 12, 2013 8 Cunniffe said there are 3 residences there now; however, they are not deed restricted. The proposal is for 3 deed restricted units, which will be a community benefit over to what exists there now. Councilman Frisch moved to continue Ordinance #27, Series of 2013, to September 9; seconded by Councilman Daily. All in favor, motion carried. Councilman Daily said he would like these covenants embodied as part of the approving ordinance, not just private covenants. True agreed. ORDINANCE #23, SERIES OF 2013 – S. Aspen Street Subdivision/PUD Jennifer Phelan, community development department, reminded Council this request is to amend the existing approved townhome development plan from 31 multi-family - 14 free market and 17 affordable housing units, to rearrange the site plan, to reduce the number of affordable housing units on site and to change some architecture. At the last hearing, Council asked the applicant to look at a portion of the project being short term rental. The applicant proposes a fourth level of affordable housing on parcel 1, which is proposed for affordable housing. The fourth level would have 4 one-bedroom units for a total of 14 affordable units on site, housing 25.5 employees. The existing approval has 17 units housing 46 employees. Ms. Phelan told Council parcel 1 has a private deed restriction limiting the height of development and there is no timeline of when the restriction would be lifted. Ms. Phelan stated staff does not support this iteration; throughout the process, staff has requested more density and a design that better relates to the town grid. This site is close to downtown, to transit, more housing on site will contribute to a more active site. Ms. Phelan said the existing entitlement is a better solution than removing density from the site. David Parker, representing the applicant, told Council after the last meeting where Council asked the applicant to look at more density on site, they spent the last month working on that. Parker said the existing entitlement was approved in 2003, and at the request of the city applicants spent 7 years trying to get a hotel approved for this site. Parker showed some of the designs including height of up to 70’. The current owners purchased the site in 2010 with the goal of developing a hotel. The applicants tried again to design a hotel on this site with free market to pay for the hotel. Parker said the hotel needs to be big with enough free market and the project just became too large and still not enough density. Any hotel operator has stated the need to have enough rooms to make enough money in the peak seasons to carry the off seasons. Parker said the applicants then came back to the city with a revised townhome approval which had been reviewed and approved by APCHA and by P&Z. The Council requested the applicants look at a hotel one more time. Parker said after working on that proposal and meeting with staff, the hotel was 60’ at the bottom of the site and 76’ at the top of the site. Parker said the applicant did not feel comfortable with a project of this size and density, returned to Council, offered some property to the city for a lodge, and then went and looked at the townhome project again. Parker reiterated the banks have said a certain amount of residential square footage is needed to pay for a lodge and it has to be quality residential square footage. Lending institutes Regular Meeting Aspen City Council August 12, 2013 9 are saying the Aspen market cannot absorb the amount of real estate in the time proposed with the prices to make the project work; and the costs are out of line with a typical hotel due to the steepness of the site and Aspen costs as one would have to dig 60’ holes at this site; and historic hotels occupancies do not support the hotel proposed. Parker said all that convinced the applicants to agree this is not the best hotel site in town. Parker reminded Council this applicant made 3 attempts to make a hotel work on this site. Parker showed the approved townhouse proposal with a solid wall of units. This design was approved before the Lift One project, which has moved 40’ into the right-of-way changing the dynamics of the neighborhood. Parker said the applicants are convinced the design can be improved; the proposal does not increase the number of units or increase the FAR. This design respects the approval of Lift One and the parking on the streets; the design pulls buildings away from the neighbors, lower some heights and adds some open space. Parker noted they worked with the design objectives and guidelines by articulating the buildings, stepping the buildings in height, respecting natural contours and scenic vistas with visual connections in between buildings. Parker said these guidelines do not exist in the approved plan. The revised plan has articulated buildings, it protects open views and tries to address the concerns of the fire department. Parker noted the approved plan flattens the site and pushes a retaining wall to Juan street and to the uphill side of the street. The proposed plan moves the retaining to the middle of the site. Parker showed slides of the approved plan at Juan street to come up with street level streetscapes. Parker showed a slide with improved views from the bottom of the site. Parker noted the guidelines state views through a site are a priority and the approved plan has no views through the site; there is a wall of buildings. The revised plan breaks up the buildings. Parker brought up the AACP which notes the city should encourage infill projects that integrate more housing into the existing urban area. Parker said they are adding residences not all in one place. AACP encourages maintaining community character and quality of life, protecting scenic views of the mountains. Parker said this amended plan is re-evaluating impacts from the approved plan with the goal of maintaining community character and managing the impacts of the approved plan. Parker told Council all the approved housing will be in town, will be east of the S-curves and within walking distance of downtown. Parker said the applicant feel shoehorning the units on site compromises the goals by sacrificing the community character and the quality of life for existing residents and future residents. Parker stated the proposal does not compromise consistency with the AACP; moving some of the density to another site emphasizes the quality and livability of affordable housing. Parker said the required affordable housing for the approved project was 13.5 employees on site and the approved plan had 46 employees on site. Parker reiterated there are better sites in town to put affordable housing. Parker told Council the applicants did look at ways to get more density on the site and looked at affordable housing on the Barbee parcel. Parker said the restriction on that parcel runs as long as Mary Barbee owns her parcel. Parker told Council the applicants are willing to put money in escrow to add another floor of affordable housing on that site. Parker said the architects have found a way to put another floor on that parcel and still honor the deed restriction which will add 4 units, 7 FTEs. Parker said even without the additional 4 units, the proposed plan exceeds the required amount of affordable housing by 35% Regular Meeting Aspen City Council August 12, 2013 10 and the applicants are not asking for a reduction in affordable housing, just the ability to locate it elsewhere in town. Councilman Daily asked if there is an independent evaluation of the site that would help understand all the options. Bendon said there was a lot of physical planning explored as part of COWOP I including vacating the street and having a ski lift in the center of the property. Bendon said the property sets itself up for lots of opportunities; the project has struggled with economics, trying to achieve what the investors expect and what is proposed. Parker told Council he has met with the owner of Lift One across the street to see if something could be designed together. Parker noted this site in not in the commercial core, it is in shadow after 2 p.m. so there are constraints that are not just economic. Councilman Daily said to him this appears a under utilization of one of the last remaining sites in Aspen; it is a constrained site with issues. There is a townhome approval for the site; Councilman Daily said he does not favor moving density off site. The affordable housing will add to the vitality of the site on a year round basis. Ms. Phelan said this is a large 2 acre site and there is room to come up with alternative designs that may not have been presented. Bendon said some of the objections about the approved plan can be addressed within the existing approval and it is worth having that conversation. Mayor Skadron opened the public hearing. Denis Murray, Trainor’s Landing, said in his opinion, this approved project is better than others proposed for this site. Murray said most of the impacts of this project are on Aspen street. Murray said he prefers the approved project as more vital and the townhomes will probably be occupied. Murray said he objects to the parking lot being on Garmisch and in the neighborhood of Trainor’s landing. Derek Johnson, Juan street homeowners, told Council his family has lived in Juan street for 13 years and agreed it is time something is done at the S. Aspen street site. Johnson said this is a great location for hotels, for which it has been looked at repeatedly, and lodging will probably not happen. Johnson the approved townhouse plan would eliminate the side yard for the Juan street homeowners; it also adds dumpsters, electrical boxes right next to their property that creates reduced livability. Johnson noted Council has worked over the years to give affordable housing projects livability with open space, parking, storage, hose bibs and the approved townhouse plan will eliminate those things for the Juan street homeowners. Johnson urged Council to consider quality of life for the current residents. Johnson pointed out whatever gets approved will result in moving a lot of dirt and the residents will need to know facts around that. Ron Lycee, Lift One, said all 31 residents agree they have been through a lot with this site the first proposal was an 80’ foot wall at the property line. The property owners unanimously recommend the amended plan as workable for their property. Mayor Skadron closed the public hearing. Councilwoman Mullins said projects should have good utilization of space, concentrating the built environment to the core of the city, not necessarily density for density sake. Councilwoman Mullins said staff objects to the site plan stating it does not fit in with the prevalent urban form of Aspen, the plan does not conform to the grid. Parker noted the community guidelines do not call for conforming to the grid in this part of town but rather being organic. Ms. Phelan said the Regular Meeting Aspen City Council August 12, 2013 11 approved project is under the 2003 code and there is no cap on the unit size. Parker said density on this site for the sake of density is a mistake. Councilwoman Mullins said efficient use of the land should be kept in mind and the approved plan seems to make better use of the land. Councilwoman Mullins said some units could be removed or moved to increase livability. The proposed plan is not a great use of space; the open space is leftover, not enhancing the parks system. Councilwoman Mullins said she has concerns about the circulation and egress to the parking garage. Councilwoman Mullins said this project is out of character with the neighborhood. Parker said with the Lift One project, this will not feel like a traditional Aspen street but will feel more like a brownstone street. Parker said the re-design on the east side was done to open up the street and to articulate the buildings. Parker said the 2003 design was done before the project to the east was approved. Councilwoman Mullins said she would like to see some alternative site plans before she can support a plan. Councilman Frisch said he does not have an issue with moving the affordable housing off site. Councilman Frisch said parts of the 2003 plan are more disruptive to the neighborhood than the proposed plan. Parker noted it would be less expensive to build the 2003 plan; however, the applicants are not proud of that plan. Ms. Phelan pointed out staff is supportive of changes to the architecture and to the site plan; however, this is an entitled project and Council needs to think about which proposal provides the best benefit for the community. Staff’s position is the 2003 site plan could be massaged to come up with plan C to keep more density and more affordable housing on site. Councilman Daily said the proposed plan retains the same number of free market unit and cuts the number of FTEs on site by almost 50%. Councilman Daily stated he agrees with staff’s evaluation that what is built on site should come closer to what was approved. Mayor Skadron said a critical mass of local working residents sustains community and affordable housing should be about building community. The housing policy emphasizes developing neighborhoods not just number of units. Mayor Skadron supports staff’s position and that through some administrative changes, the quality of life impacts on Juan street housing can be improved. Bendon said if there is interest by the applicant to make some design changes to the 2003 plan that would be in Council’s interest. Councilwoman Mullins moved to continue Ordinance #23, Series of 2013, to September 9; seconded by Councilman Daily. All in favor, motion carried. Councilman Daily moved to go into executive session at 7:55 p.m. pursuant to C.R.S. 24-6- 402(b) (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions concerning litigation; seconded by Councilwoman Mullins. All in favor, motion carried. Councilwoman Mullins moved to come out of executive session at 8:55 p.m.; seconded by Councilman Frisch. All in favor, motion carried. Councilman Daily moved to adjourn at 8:55 p.m.; seconded by Councilman Frisch. All in favor, motion carried. Regular Meeting Aspen City Council August 12, 2013 12 Kathryn Koch, City Clerk