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HomeMy WebLinkAboutminutes.council.20190422Regular Meeting Aspen City Council April 22, 2019 1 SPECIAL PUBLIC APPEARANCES..........................................................................................................2 CITIZEN COMMENTS...............................................................................................................................2 CITY COUNCIL COMMENTS...................................................................................................................2 CITY MANAGER COMMENTS................................................................................................................3 BOARD REPORTS......................................................................................................................................3 CONSENT CALENDAR.............................................................................................................................3 Resolution #44, Series of 2019 – EOTC 2019 Amended Budget.........................................................3 Resolution #46, Series of 2019 – Appointment of Margaret Medellin as the City’s Alternate Representative to MEAN and NMPP...........................................................................................................3 Resolution #40, Series of 2019 – NWCCOG Project THOR MeetME Center Host Agreement .........3 Resolution #45, Series of 2019 – Amendment to rates and charges for MEAN contract.....................3 Resolution #50, Series of 2019 – Colorado HB19-1262 Full Day funding for Kindergarten support .3 Minutes – April 8, 2019........................................................................................................................3 ORDINANCE #8, SERIES OF 2019 – Spring Supplemental Budget..........................................................3 ORDINANCE #10, SERIES OF 2019 – 119 Neale Avenue – Transferable Development Rights..............4 ORDINANCE #11, SERIES OF 2019 – Council Salary Adjustment..........................................................5 ORDINANCE #7, SERIES OF 2019 – Debt Issuance Approval for Purposes of Funding Construction for New Administrative Offices.........................................................................................................................7 ORDINANCE #4, SERIES OF 2019 – 465 and 557 N. Mill Street Rezoning.............................................7 RESOLUTION #49, SERIES OF 2019 -1010 N. 3rd St. – Greenwald Pavilion – Temporary Use............10 EXECUTIVE SESSION.............................................................................................................................10 333 Regular Meeting Aspen City Council April 22, 2019 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Frisch and Hauenstein present. SPECIAL PUBLIC APPEARANCES Griff Smith and the Baroliche exchange students. Part of the annual exchange with middle school students. 2002 was the first exchange. Since then we have hosted over 250 students and chaperons. Mr. Smith introduced the chaperons and students. APD Presentation – Detective Sergeant Rick Magnusson said we are here to recognizing Ritchie Zah. Jeff Cheney was soliciting the best officer for 2018 and I couldn’t think of anyone better than Ritchie. Jeff Cheney, district attorney, said it’s not easy to be in law enforcement today. I believe the super majority of law enforcement are genuinely good people who try to help us be safe. We seek truth and justice as a goal. We wouldn’t be able to do it without the hard work of law enforcement. I was happy to pick Ritchie for this award. I wanted to focus on what we do right and instituted this award for this judicial district. Over 17 law enforcement agencies. Mr. Cheney read the letter he wrote to Ritchie. Ritchie said I’m not up here today without the support of my wife and kid. Thanks to the council and police for giving me the opportunity to do this. Thanks to Don Nottingham, Adriano Minniti and Braulio. Thanks to the patrol staff for doing great work. Thanks to Rick Magnuson for always looking out for me. CITIZEN COMMENTS HB19-1262 funding all day kindergarten. Shirley Ritter, kids first, wanted to bring this forward and show support for this bill. 1. Jack, 3 rd grader, thought it was important to make sure all students in kindergarten have a full day. It helped us a lot and we want other kids to have the same privilege. Heidi – 3 rd grade, spelling is important. Sawyer, 3rd grade, full day is important because when I was in kindergarten I learned my letters. It is important to know how to use sentences. 2. Ruth Harrison said thank you Adam and Steve for serving. She talked about the leaf blower issue. Though I’m very much an environmentalist this is kind of petty. Motorcycles are louder than them. With other vehicle, snowplow and construction noise is louder it seem really petty. Thinks it needs to be overturned. 3. Cathleen Flors said she wants to acknowledge the city for the proactivity on the 5 G. She is requesting Aspen and other local agencies become more involved on the state level. Mayor Skadron said we are sensitive on this. We will make sure this works in the best interest of the community to the best of our abilities. Sara Ott, city manager, said we’ve worked with the north west council of governance on a letter to the FCC asking for less mandate on this. 4. Toni Kronberg said on the EOTC budget, she thanked the council for opening the door at looking at the location of the sign. Tomorrow the work session discussion is on the recruitment of the new city manager. She asked when the manager will be selected. Mayor Skadron said this council will initiate the process but the next council will make the selection. Asked about the renovations to the rec center. CITY COUNCIL COMMENTS Councilman Hauenstein said he attended the pow wow at the high school. It was very colorful. The overwhelming sentiment was the engagement of everyone. Ski season is officially over. It has been a great season. He thanked the Ski Co for all they do to keep the lift going. Be advised of 2 wheel vehicles out there. I appreciate the value of full time kindergarten. Councilwoman Mullins said she is hoping we have shining mountain film festival again this year. She went to the grand opening of the new gondola at Glenwood caverns. It is great. 334 Regular Meeting Aspen City Council April 22, 2019 3 Councilman Frisch thanked the teachers for bringing in the kids. Hats off to Ritchie and the police force. Mayor Skadron said thanks to the ski company and community for a great season. Ritchie and the APD, thanks for all the great work. Regarding bikes, bikes have responsibility on the street and should follow the same rules as cars. Thank you to sister cities kids, school and families that make sister cities great. CITY MANAGER COMMENTS City manager comments – Trish Aragon, city engineer, said we will be doing a few punch list items to the bridge starting May 13th including permanently repairing the pavement. It will be approximately 4 days. The power plant road detour will be in effect. Inbound lane will use the bridge outbound will be powerplant road. Delays will be similar to what we saw last year. BOARD REPORTS Councilwoman Mullins attended the Board of Health meeting. Pitkin county is looking into tobacco regulations similar to what we have in place. Emergency preparedness and EH health issues. RFTA is working on the affordable housing leases with ski co for housing for employees. Destination 2040 implementation discussion. The website is pretty clear on what is going on and priorities. We are lucky to have this agency in the valley. Councilman Frisch attended the CORE meeting. Nordic did a great job this year. Mayor Skadron asked about usage on the Nordic with the change to uphilling. Austin Weiss, parks, said he does not have hard numbers. Because you can access the trails from so many locations it is difficult to count. Uphill has maybe turned some people on to Nordic. CONSENT CALENDAR Reso #44 – EOTC Budget Councilwoman Mullins asked have we resolved the location for the sign. Dave Pesnichak said it will be on the June EOTC meeting. Resolution #44, Series of 2019 – EOTC 2019 Amended Budget Resolution #46, Series of 2019 – Appointment of Margaret Medellin as the City’s Alternate Representative to MEAN and NMPP Resolution #40, Series of 2019 – NWCCOG Project THOR MeetME Center Host Agreement Resolution #45, Series of 2019 – Amendment to rates and charges for MEAN contract Resolution #50, Series of 2019 – Colorado HB19-1262 Full Day funding for Kindergarten support Minutes – April 8, 2019 Councilwoman Mullins moved to adopt Resolution #50, Series of 2019; seconded by Councilman Hauenstein. All in favor, motion carried. Councilman Hauenstein moved to adopt the remainder of the consent calendar; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE #8, SERIES OF 2019 – Spring Supplemental Budget Ben Sachdeva, finance, said in total it is 71.9 million dollars. The majority is previously approved items. The remainder is carry forward projects. New requests total 1.6 million dollars. Councilwoman Mullins asked can you explain the difference between previously approved and re appropriation. Mr. Sachdeva said the large part is the city offices and the AHP housing partnership. 1A would fall in to previously approved. Reappropriation and carry forward include 7.5 Million in projects other than the AHP. Departmental savings is around 3 Million. Previously approved items include the city offices making up the bulk. Lift 1A is 4.4 Million and the CCEC refinancing bonds. Infrastructure makes up the rest. New 335 Regular Meeting Aspen City Council April 22, 2019 4 requests include 250,000 for the housing funds for APCHA. Employee payouts is 523,000 and capital projects is the remaining. Councilman Hauenstein asked about the difference in the city manager search fund. Ms. Ott said it includes additional outreach and reimbursement expenses. Councilman Hauenstein said the mail storm pipe replacement is another 118,000. He questions some of the expenses should have been covered under a contingency fund. Mr. Sachdeva replied there were tough conditions this winter related to heaters and pumps were needed for an additional month. Councilman Hauenstein said on the 150 fund 250,000 in buybacks. Ms. Ott said they remain in the housing program. Increased enforcement and the buying those units and flipping them requires a greater expense. It is only spent if we get to foreclosure or buyback. Councilman Hauenstein said those funds would roll back in to the 150. Ms. Ott replied it could or we could reduce a subsidy to APCHA in a future year. Councilman Hauenstein said on the 451, 95,000 for a study on parking spaces in the Rio Grande. Mr. Sachdeva said I believe it is 30 spaces and it is just for design and entitlements. Councilwoman Mullins moved to read Ordinance #8, Series of 2019; seconded by Councilman Hauenstein. All in favor, motion carried. AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF $33,766,033; GENERAL FUND OF $3,027,775; PARKS AND OPEN SPACE FUND OF $1,087,845; WHEELER OPERA HOUSE FUND OF $221,883; HOUSING DEVELOPMENT FUND OF $26,336,352; KIDS FIRST FUND OF $123,248; STORMWATER FUND OF $986,502; WATER UTILITY FUND OF $2,902,685; ELECTRIC UTILITY FUND OF $3,296,689; GOLF COURSE FUND OF $164,303; TRUSCOTT HOUSING FUND OF $61,878; MAROLT HOUSING FUND OF $9,550; EMPLOYEE HOUSING FUND $667,509; INFORMATION TECHNOLOGY FUND OF $412,255. AN ORDINANCE DECREASING AN APPROPRIATION IN THE TRANSPORTATION FUND OF $2,279,375; PARKING FUND OF $499,156. Councilman Frisch moved to adopt Ordinance #8, Series of 2019 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Mullins, yes; Hauenstein, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #10, SERIES OF 2019 – 119 Neale Avenue – Transferable Development Rights Jessica Garrow, community development, said this ordinance is to remove two TDRs from 119 Neale Ave. We had the settlement agreement at a previous meeting. The agreement states the property is eligible for two TDRs. No current or future owner could sever any additional TDRs from the property. Councilman Hauenstein moved to read Ordinance #10, Series of 2019; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #10 (SERIES OF 2019) 336 Regular Meeting Aspen City Council April 22, 2019 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO CREATING TWO TRANSFERABLE DEVELOPMENT RIGHTS AT THE PROPERTY LOCATED AT 119 NEALE AVENUE, LOT 1, BENEDICT CABIN SUBDIVISION, CITY AND TOWNSITE OF ASPEN, COLORADO Councilman Hauenstein moved to adopt Ordinance #10, Series of 2019 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Hauenstein, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #11, SERIES OF 2019 – Council Salary Adjustment Jim True, city attorney, said the proposed increased compensation would commence with the new elected officials. The ordinance proposes a small increase of $200 a month for council and mayor. It would go in to effect June 10th for upcoming council members. The last time council approved an increase was March 2001. It is also written for automatic increases in the future based on CPI. Health stipend would remain the same once it is established during any term. It is totally discretionary for council. Doing nothing would keep the compensation established in 2001. If passed, we would need a special meeting May 6th for it to take effect prior to the new council being seated. Councilman Frisch said this has been going on in my mind for a while. My first goal was to have a discussion about this. It has been 18 years since discussed. Is there a way to get an increase on some type of indexing so it is on auto pilot. My third goal is a bit of a philosophical one. Looking at like cities there is some type of stipend compensation or a living wage if matched up to another part time job. I have no interest in offering an 80 or 90,000 salary for 20 hours a week work. I look back to what was set up in 2001 and my idea is this job tagged on to another part time job can work in to some type of living wage. My math is if we want to honor what was done in 2001 is to start council at 30,000 and mayor at 40,000. Bert talked about this a year and a half ago to make sure the community is represented. Housing isn’t 100% reality or economic situation. We haven’t had anyone living in Aspen serving up here in a while. We don’t have anyone involved in the service industry or directly involved with a rent payment. I appreciate we are having this discussion. I do believe if we stick with the 200 dollar adjustment we are shifting away from what the community wanted in 2001 and going to a stipend. All I’m doing is hoping we have a conversation on an adjustment that will have incremental increases. Councilwoman Mullins said I do support the automatic CPI increase and insurance stipend. What we do up here becomes more and more complicated and takes more work from the council members to be involved. It is clearly 20 plus hours per week. I think it is up to the council and the community to decide who they want on council. Do we want experts or someone learning on the job. We need to first figure out who we want up here and how to get them up here. I think it is a better mix of the community. Do you do that with 30,000 or what we get now with 20,000. There is a lot more discussion that is needed. I would support the $200 increase, but I don’t think it will change the economics for someone who needs to find a second job. It is not a half time salary. It is an important enough discussion that it should be a fully seated council. There needs to be a salary adjustment. She would like to know why the conversation was dropped in 2008. Mr. True said it was proposed to be a charter amendment automatically done to the state action for what they say county commissioners receive. Councilman Frisch said Ann you share some of the same philosophical concerns. The reason you want to keep it a fairly small amount is you want a 5-0 vote. Bert has raised some of the same concerns about lack of representation up here. Last I heard in an email is he was against any type of adjustment. Councilwoman Mullins said it could take effect this year or in two years. Mr. True said the council members elected in March, if you do not take action by May 6 th would not affect them for 4 years. Councilman Hauenstein said I fully support a raise in pay to council. The amount of time and energy warrants a lot higher pay that what is afforded at this point. I don’t think anyone up here ran for office because of the pay. It is a losing proposition. I would support more in line with the cost of living increases. I do not feel it is proper for us to make a decision. I would want a more robust discussion on 337 Regular Meeting Aspen City Council April 22, 2019 6 this. I agree with the possibility of increasing the pool of candidates. I think it is inappropriate for this council to make a decision that would affect a future council. Councilman Frisch said we are not making a decision tonight, it is first reading. This has not been brought up in substance in 18 years. I’ve heard from a wide variety of people that they were sympathetic. I see the community falling further behind by waiting. I would suggest we keep this live and go in to a second reading. I will take any increase. We need to get the ball rolling. No one will run because of the pay but there are a lot of people who can’t run because of it. Honor doesn’t pay the rent or get the ski pass. It is a bit hubristic for us to stand up here and not tackle it. Councilwoman Mullins said it merits much more discussion. I think it should be much more than 200 dollars but I would like it tied to additional education or training. What are we trying to accomplish and what else goes along with an increase. Councilman Frisch said I doubt you would change your accountability or how much time you put in to it with the pay. I still think this job will require a part time job and it would be nice if it provided some type of part time salary. Councilman Hauenstein said Adam, I respect your reasoning. I disagree with you on this. I would like to move that this gets tabled until after June 10th. Seconded by Councilwoman Mullins. Mr. True said a motion to table is not debatable. It could be done at any time. Councilman Hauenstein retracted his motion. Ok’d by Councilwoman Mullins. Mayor Skadron said the roll of a councilmember is political leadership. I’m fearful that over the years we’ve developed a hybrid model where the political leaders have been mixing themselves in the managerial rolls. Council focuses on goals and long term projects. The expectation that the community places on the elected officials pushes council members too far into a managerial roll where they should not be involved. I think there should be a conversation as to what the roll of a councilmember is. If I consider increases to compensation it suggests to me council members will consider the path we have been on. I think there needs to be a lessening in compensation to clarify the roll between council and managerial. The community deserves to be managed by professionals. When elected officials who are ill equipped to be managers start injecting themselves into managerial rolls it is detrimental to the community. Councilman Frisch said I think even with that reset the amount of hours needed to do the job properly and to honor deserves community representation, it is not directly linked to more money more time. I still think the time it is needed to be prepared up here and do the outreach. I’m trying to separate the hours needed even with what the charter asks for will be 20 plus hours a week. Mayor Skadron asked where does your interpretation of elected community service go. Councilman Frisch said I’m fortunate that the pay has no connection to my ability to serve up here. I know a lot of people are not in the same situation. Councilman Hauenstein said this is the case of rational arguments on both sides. I haven’t been persuaded to change my mind. Councilwoman Mullins said I would support a much greater increase. It is a lot of time and would help get a more diverse group up here. I would like to see it happen sooner rather than later, but it calls for a really in depth conversation. Councilman Frisch said if there is no support for Ward’s motion to table this. I appreciate we start the conversation and hear from everyone. If nothing happens by the 6th it defacto gets tabled to the new council. Councilman Hauenstein made a motion to table this. Seconded by Councilwoman Mullins. All in favor, except Councilman Frisch. Motion carried. 338 Regular Meeting Aspen City Council April 22, 2019 7 ORDINANCE #7, SERIES OF 2019 – Debt Issuance Approval for Purposes of Funding Construction for New Administrative Offices Pete Strecker, finance, said Dee Weiser, bond council and Amy Canfield, underwriter, are here with us. We have had meetings during the budget and December 10th. First reading was March 11th with a work session on the 19th. We talked about alternatives, including GOP bonds and all cash. We are looking at this as a package and how to best use financing. The ordinance provides the maximum parameters. It is there to set boundaries. What you see is not exactly what it will look like. This is identical to what we used for the police department. Councilman Hauenstein asked why is there a difference in the site lease. Dee Weiser said there is a lease from the city to the trustee to the site. Then there would be a lease purchase agreement back to the city. If the terms were equivalent in years the investor has very little time to recover its money. The rating industry likes to see the lease purchase agreement extend at least 10 years. Mayor opened public comment. 1. Toni Kronberg said there has been no stone left unturned. COPS are up to 60 million with interest. She asked which fund will pay back the COPS. Basically we are exchanging the property for the money. She asked why we are not bringing this to a vote. Why are we not bringing this to the voters since we are exchanging the property. Mayor Skadron said as you said you are a lay person and not schooled in the legalities of this or the details of public finance. You are keying on words to try to stop the project. This is simply another attempt to derail the project. Did you complain to the county when they used COPS, you did not. Did you ever complain to the city when we used them before. This is simply an attempt by you to stall or derail the project. Toni said there is no doubt you would be listening to public comment because every discussion you have had has been in the form of work sessions. There has been no public outreach. Mr. Weiser said the reason we are using the site lease as opposed to conveying title is because of the charter. In a worst cast if the city were to default in 40 years the property would come back to the city. You still have the property. All you are giving up is the lease hold interest. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Ordinance #7, Series of 2019; seconded by Councilman Hauenstein. Roll call vote. Councilmembers Hauenstein, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #4, SERIES OF 2019 – 465 and 557 N. Mill Street Rezoning Mike Kraemer, community development, said this is a rezoning application. The proposal is to change from SCI to MU. It is a two step process including a P&Z recommendation followed by council. Lot 1 and 2. Lot 1 is about 1 acre with an existing 20,645 square foot building. Lot 2 is .145 with 7,990 square feet. The property is located off of North Mill surrounded by the post office, grocery store, ACSD and ACES. He showed photos of the existing conditions. Approximately 21 existing businesses in these two buildings. These businesses are conforming uses in the SCI zone. Rezoning analysis includes the purpose statement of SCI to allow for uses not found in other zones including light mechanical, industrial production, and repair. MU includes a mix of residential and commercial and provides different economies and residential opportunities from more traditional zones. Transition from CC and C1. The purpose of the two zones is not the same. MU does not exist adjacent to the subject properties and would create an island of MU. Some overlap between SCI and MU. Service uses such as laundry and dry cleaning. SCI specifically allows for manufacturing and heavy maintenance MU doesn’t. MU allows for multi family , single and duplex. SCI does not. There are certain MU uses that may be more desirable and displace SCI uses. We do not have a development plan just the rezoning. There is no code that speaks to submitting a plan. In the 2018 commercial design guidelines it states certain uses may be more desirable. The 2006 civic master plan contemplates renovation of SCI space including underground parking, pedestrian linkages and affordable housing. Existing zoning is consistent 339 Regular Meeting Aspen City Council April 22, 2019 8 with the 2012 AACP. Encourages a balance of mixed commercial space. SCI zoning is limited in the town and a loss would be inconsistent with the AACP. There is SCI directly across from these properties. Staff recommendation is denial. 26.310.090(A) proposal does not comply. The proposed rezoning is not compatible with surrounding uses. 26.310.090(D) staff feels the rezoning is inconsistent and not compatible with community character. MU zone represents a fundamental change to the purpose and intent of SCI. It is a significant reduction in SCI land and inconsistent with the AACP. It is also inconsistent with the 2006 civic master plan. It would create non conforming uses on the property. The ordinance shows approval for the rezoning and staff is recommending denial. Applicant Chris Bendon, Chris Bryan and Mark Hunt. Mr. Bendon said we are asking for the rezoning to provide parity with other SCI properties. 465 is the larger property and 557 is smaller. Other SCI areas include Andrews McFarlin, USPS, Obermeyer Place and the lumber yard. The lumber yard is 40,000 square feet of commercial. There are free market residential units. The post office is federally owned. The three comparable properties include Obermeyer at 38,000 square feet of commercial, 57,000 of free market residential and 15,000 of affordable housing. Professional office uses are allowed. Andrews McFarlin is 11,000 in commercial with 2,000 of free market residential. Professional offices are not allowed. Our property is 28,000 of commercial with no residential or professional offices. The 2016 downzoning affected this property more substantial than other properties. The surrounding area includes office, residential, non profit uses. Proposed zoning is to provide parity with other properties that allow for residential and office uses. We looked at other zones but they don’t allow for a mix of uses. We also think MU is the closest to reach the ideal of the civic master plan. There are four criteria. The proposed amendments must be compatible with surrounding land uses. The Mill building is mixed use with free market and residential. North Mill station allows for retail, office and affordable housing. 414 N Mill, Andrews McFarlin, does have retail and office with free market residential. ACSD has offices and affordable housing uses. The post office is civic use. ACES is civic use. The west end neighborhood is approximate to the property with single family and duplex. Nothing in MU that is incompatible with these uses. Criteria B and C staff believes meet these standards. They deal with demands on public facilities and natural environment. Criteria D talks about if the amendment is consistent with community character and intent of the title. What is community character and the public interest. We believe there is a public interest for allowing more MU development. Smaller building sizes is less potential for environmental impacts. Shift between 2 zones that allow for commercial use. The river approach area provides direction of architectural style. MU uses are compatible with community character. We believe you can make a positive finding on this criteria. The status quo is not necessarily working and sustaining businesses in a long term way. It is not promoting viability. P&Z vote was against the proposal at 5 to 1 for denial. There was some intrigue in the redevelopment of this property. We would not got through the time and expense to put forth a fully baked development application without some idea of community vision for this property. Mark Hunt, owner, said this is not my style. The lawsuit came with the property. I chose to keep the lawsuit to know what I was getting. I wanted to make sure I could keep at least what was in place without it getting any worse. I love this property and think it has a ton of opportunity. I believe the uses that are there, it would be important to incorporate them in to something. It is a process. What happens in 2016 was a bit unfair. I think the city felt the same way. A week after I closed I was approached by the city to buy the property. Mayor opened the public comment. 1. Steve C. said the voice that is getting lost is the local businesses that are there now. They would not survive a rezoning. That is the biggest impact on the community. Its not the prettiest building but it is functional. 2. Toni Kronberg said what is the best and highest use for that property. Many of the same businesses would be allowed. You could add conditions to the rezone. All of the businesses in Obermeyer found homes. I think a rezone gives aspen more opportunities. 340 Regular Meeting Aspen City Council April 22, 2019 9 3. Scott Kendrick said the viability of the investment is not what this is all about. If it is redeveloped the rent will go up and it will be harder to get back in there. Obermeyer is not necessary an example of a successful development. If the zoning is changed the only benefit would be to the developers. Once it is done it is done and we will never get SCI back. Mayor Skadron closed the public comment. Mr. Hunt said this vote isn’t saving these businesses. We could give notice and empty the building tomorrow. I respect the fact they said that. There are locals and businesses there. The responsibility would be on us to when we did something with the property to find temporary space for them. Toni brought up an interesting idea with setting conditions. We could do something to subsidize the businesses we are trying to save. Councilwoman Mullins said for a long time we have had discussions about how important the SCI zone is. I supported that. We have very few areas that are SCI. I agree with most of what staff has said in terms of the problems that changing the zoning would create. I don’t see any compelling reason to change the zoning. I can’t support changing the zoning. Councilman Frisch said while I understood the legal process the former owner took. It takes a lot of gumption to show up here while you are suing us to ask for an upzoning. I’ve been pushing for a long time that this zoning is not serving the best interest for the community. If you widen the zoning uses to get 21st century uses in there with what is there now. The pickle we have been having is widening the uses will increase the rent profile and could put pressure on some of the uses there. I suggested the city should purchase this property. I think there are all sorts of interesting options there. I think this is the most important piece of property left to be developed. I think we need to be very protective of that and keep the zoning in place. I’m not sure the zoning can’t be changed without a plan, but I think there should be a serious discussion about what types of uses should go there. It is too early to get rezoned. Councilman Hauenstein said the one thing that is know is change is inevitable. I’m sure what you come up with will gain traction. Mayor Skadron said I don’t disagree with reconsidering the status quo. I concur with council and support staff recommendation. Mr. Bendon said it is an important property. There are opportunities there that have a better opportunity to serve community interest. The status quo won’t last forever. Denial of the ordinance does not protect the businesses that are there. Uses allowed by right don’t fall within community interest. We could build the largest sewing machine repair shop in the county. We could build a huge marijuana grow. While lucrative, it doesn’t promote any community interest. We think there is an interest in having more of a visioning discussion about what this property could be. There is an opportunity to do that and we are ready to do that. It is not a simple conversation but one we are willing to engage in. We think there is an opportunity to have a visioning discussion up front. Councilman Hauenstein said I’m open to those discussions and community engagement. Mr. Hunt said I inherited the lawsuit. I’m asking for a downzone. It is probably the most aggressive zoning in town. You can build lot line to lot line up to 35 feet tall. From bulk and mass, it is the largest on the books for commercial. I don’t want to do that and it is not my intent. I kept the lawsuit alive to protect the underlying uses. Councilman Frisch said that all sounds great. There are some existing uses that make sense from the beginning and some that don’t belong. There would be a lot of time wasted to keep showing up here asking what you think. I’m looking forward to the process. Mr. Bendon said I want it to be clear the litigation was a last resort. The previous owner and current owner made it clear the last thing they want is a knock down legal fight. Mark does not savor the idea of litigation. It is there because it is a legal right and last resort. We really do want to have a constructive dialogue about this property. It is a piece of property that needs a lot of attention. Right now the status 341 Regular Meeting Aspen City Council April 22, 2019 10 quo is not satisfying it. We believe the 2016 amendments were a mistake. We need to come back as a community. We hope the new council is able to have this conversation. Councilman Frisch moved to deny Ordinance #4, Series of 2019; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Hauenstein, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #49, SERIES OF 2019 -1010 N. 3rd St. – Greenwald Pavilion – Temporary Use The Aspen Institute is requesting to allow an additional 34 days of the tent. The 2004 ordinance granted approval for the pavilion. The tent is up from the last Monday in June to the 4th Sunday in August. This request is to enable an early erection of the pavilion on May 14th. There is an event on May 19th. No other events are requested. Staff recommends in favor. This is just for 2019. Mayor Skadron opened the pubic comment. There was none. Mayor Skadron closed the public comment. Councilman Frisch said there may be some benefit to having the tent up longer permanently. Ms. Garrow replied having it up longer every year would be a different land use process. Councilman Hauenstein moved to adopt Resolution #49, Series of 2019; seconded by Councilwoman Mullins. All in favor, motion carried. EXECUTIVE SESSION Mr. True recommend council go in to executive session pursuant to C.R.S.24-6-402 (b) Conferences with attorney for the purpose of receiving legal advice regarding the Angie Callan case. At 8:50 pm Councilman Frisch moved to go in to executive sessions; seconded by Councilwoman Mullins. All in favor, motion carried. At 9:15 pm Councilman Hauenstein moved to come out of executive session; seconded by Councilman Frisch. All in favor, motion carried. Councilman Frisch moved to adjourn; seconded by Councilwoman Mullins. All in favor, motion carried. Linda Manning City Clerk 342