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HomeMy WebLinkAboutminutes.council.20030714Regular Meeting Aspen City Council July 14, 2003 CITIZEN PARTICIPATION ...................................................................................... 2 COUNCILMEMBER COMMENTS ........................................................................ 2 CONSENT CALENDAR ............................................................................................ 3 · Resolution #59, 2003 - Appointing Medical Officer ........................... 3 · Resolution #58, 2003 - Contract - Iselin Park Batting Cages .............. 3 · Disbanding Asset Management Committee ......................................... 3 · Council Board Appointments ............................................................... 3 · Minutes - June 9, 23, 2003 ................................................................... 3 ORDINANCE #37, SERIES OF 2003 Hybrid Vehicle Rebate ......................... 3 ORDINANCE #36, SERIES OF 2003 - Burlingame Lot 3 PUD ..................... 4 RESOLUTION #33, SERIES OF 2003 - The Residences at Little Nell Conceptual PUD ............................................................................................................. 5 ORDINANCE #21 AND #22, SERIES OF 2003 - Eittle Ajax Annexation and PUD ......................................................................................................................... 16 ORDINANCE #27, SERIES OF 2003 - Usage Fees at the ARC ................... 16 ORDINANCE #30, SERIES OF 2003 - Aspen Valley Hospital .................... 16 ORDINANCE #31. SERIES OF 2003 Sagewood Condominiums Zone Map Chm~ge, PUD Amendment ............................................................................... 22 ORDINANCE #34, SERIES OF 2003 - Code Amendment Historic Lot Splits in Previously Approved Subdivisions ...................................................... 23 ORDINANCE #35, SERIES OF 2003 - Mascotte Annexation ....................... 23 RESOLUTION #60, SERIES OF 2003 - Postponement of Lodge GMQS Application Deadline .................................................................................................. 24 RESOLUTION #61, SERIES OF 2003 - Contract BBC Do~vntown Consulting ........................................................................................................... : .......... 24 RESOLUTION #52, SERIES OF 2003 - Aspen Recreation Center Advisory Committee ...................................................................................................................... 25 Regular Meeting Aspen City Council July 14, 2003 Mayor Klanderud called the meeting to order at 5:00 p.m. with . Councilmembers Torre, Semrau, Richards and Paulson present. CITIZEN PARTICIPATION 1. Tom Marshall said on June 28th, there was a 4~hour power outage in the downtown commercial core. Marshall told Council he talked to 4 different businesses who called the city and were told the city was aware of the problem and not to call again. Marshall said the electricity was out for a long time and there was no information getting out to the public. Marshall suggested the city use the police department, parking officers and anyone else on call to get the word out. Marshall noted the downtown is a major sales tax generator. Only the restaurants received an apology from the city. Marshall said lodges had people stuck in elevators, other businesSes had to replace their fan motors. City Manager Steve Barwick said this is a point well taken and staff is working with the electric department on finding ways to improve communications. Mayor Klandemd requested the apology letter be sent to other downtown businesses. 2. Scott Gallagher, chairman AVH, told Council local physicians have expressed interested in RO housing. Gallagher urged Council to include that type of housing at Burlingame. There is a down valley migration of physicians, which lowers the response time. 3. Andrew Kole, CCLC, announced that anyone who would like to comment on or to discuss the Aspen Saturday Market, the CCLC is meeting Wednesday, July 16 at 9 a.m. Kole said the CCLC is trying to provide something the majority of the city is happy with. COUNCILMEMBER COMMENTS 1. Mayor Klandemd said the 4th of July was fantastic and thanked all city staff who worked hard to make it happen. Mayor Klandemd said it was amazing how clean town was the next day. Mayor Klanderud thanked Network for suggesting the street dance and for playing and also thanked the fire department for a great fireworks display. 2. Councilman Torre said last night the DOuble Diamond had a club night for kids. Councilman Tor~'e said downtown youth activities came up during the election. He will find out more about the event and report back. 2 Regular Meeting Aspen City Council July 14~ 2003 3. Mayor Klanderud reported the ACRA approved the 2003-04 budget. ACRA discussed the community health plan, which was a combined effort of the AVH, ACRA, the city and county. This has made possible health plan which will benefit small businesses. The ACRA special events grants committee gave $9,000 to the Outdoor Adventure Race for filming, which will give it some national exposure. Guest services at the airport will be staffed Tuesday to Stmday noon to 9:30 Is.m. The marketing advisory committee is looking for ways to raise more funds for marketing. 4. Ci.ty Manager Steve Barwick requested Resolution #52~ 2003, SPARC amendment and ARC advisory committee be added to the end of the agenda as well as an executive session to talk about property acquisition, specifically the efforts to purchase Smuggler Mountain, a discussion of Burlingame and potential acquisition. CONSENT CALENDAR Councilman Paulson moved to approve the consent calendar; seconded by Councilwoman Richards. The consent calendar is: · Resolution #59, 2003 - Appointing Medical Officer · Resolution #58, 2003 - Contract - Iselin Park Batting Cages · Disbanding Asset Management Committee · Council Board Appointments · Minutes - June 9, 23, 2003 All in favor, motion carried. ORDINANCE #37, SERIES OF 2003 Hybrid Vehicle Rebate Councilwoman R/chards moved to read Ordinance #37, Series of 2003; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE NO. 37 (Series of 2003) AN ORDINANCE OF THE CITY COUNCIl. OF THE CITY OF ASPEN, COLORADO AMENDING TITLE 24 OF THE MUNICIPAL CODE TO Regular Meeting Aspen Ci~, Council July 14~ 2003 ADD A NEW CHAPTER 24.24 ENTITLED "HYBRID VEHICLE REGISTRATION FEE REBATE PROGRAM" Councilwoman Richards moved to adopt Ordinance #37, Series of 2003, on first reading; seconded by Councilman Semrau. Councilwoman Richards said she would like to revisit the issue of hybrid vehicles being exempt from parking fees at second reading. Councilwoman Richards said she ~s aware of the downsides but would like to discuss with staff how this could be implemented. Councilmembers Torre and Paulson support this discussion. Roll call vote: Councilmembers Semrau, yes; Torre, yes; Richards, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #36, SERIES OF 2003 - Burlingame Lot 3 PUD Councilman Paulson moved to read Ordinance #36, Series of 2003; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE NO. 36 (SERIES OF 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING FINAL LAND USE APPROVALS AND GRANTING A DEVELOPMENT ORDER FOR BURLINGAME RANCH LOT 3, (AKA PARCEL D) AFFORDABLE HOUSING PROJECT, INCLUDING FINAL PUD DEVELOPMENT, GMQS EXEMPTION FOR AFFORDABLE HOUSING, REZONING TO R/MF/PUD, SUBDIVISION, SUBDIVISION EXEMPTION AND SPECIAL REVIEW FOR A 40 UNIT AFFORDABLE HOUSING PROJECT IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Semrau moved to adopt Ordinance #36, Series of 2003, on first reading; seconded by Councilwoman Richards. Roll call vote: Councilmembers Torre, yes; Richards, yes; Paulson, yes; Semrau, yes; Mayor Klandemd, yes. Motion carried. Regular Meeting , Aspcn,,Cjty Council July 14, 2003 RESOLUTION #33, SERIES OF 2003 - The Residences at Little Nell Conceptual PUD John Worcester, city attorney, asked the 2 new Councilmembers if they have reviewed all materials previously submitted. Councilwoman Richards and Councilman Torre both said they have reviewed the applications and background materials. Scott Woodford, community development department, reminded Council at the last public hearing, Council gave direction on 3 components of the project; (1) to reduce the building mass and height and to bring back some of the original architectural character; (2) to reexamine the affordable housing mitigation program of locating required units at the Airport Business Center, and (3) to address the rezoning. Woodford reminded Council the majority of mitigation for affordable housing was proposed at the Airport Business Center, outside the city but within the urban growth boundary. The applicant is proposing to house 59% of the employees within the city boundaries and 41% at the ABC. The applicants hope Council will approve a formula that will have specifics at final review. Woodford noted the AACP states a goal for affordable housing is to have it within the urban growth boundary. Woodford said feels this revised plan is better than the original proposal. Woodford told Council the applicant has revised the request for rezoning and rather than rezone the entire parcel H from Conservation to CL, only the northern half of the property is rezoned CL. Woodford said the north portion of the lot already has an SPA overlay approved as part of the Little Nell hotel review in order to allow commercial-type uses. The applicant contends that parcel has already been approved for commercial uses, which is the changed condition. The portion that is being rezoned to CL is smaller, which will increase the FAR. Woodford said it is more important to gauge how the building fits on a site rather than being concerned with exact FAR, does the building fit the street, how does it fit the site, how compatible is it with surrounding buildings. The floor area of the building has not been reduced and the height is mostly the same. There have been some attempts to reduce the ~mpacts on the neighbors. Woodford illustrated the curved wall on the north side of the building to move the structure away from the North of Nell building and to open the view to the mountain. One unit has been moved from the top floor to within the building. Woodford told Regular Meeting Aspen City Council July 14~ 2003 Council there have been some design changes as staff and some Council were more in favor of the shed roofs, the mining character. Woodford told Council staff feels the project meets the basic requirements for conceptual PUD and timeshare and that this is a good project for the community. Woodford said this redevelops an area that should have an exciting building with mixed uses, an interface with the ski area, an area that brings visitors to the community and that provides beds. Woodford said the Dean street redevelopment to a place people will want to walk and shop is a benefit to the community. Jim Curtis, representing the applicant, reminded Council the applicant is required to mitigate for 61 employees. Curtis said the plan is to house 10 employees on site, 26 employees off site within the city limits and 25 employees off site within the urban growth boundary. Curtis told Council half the units are proposed at category 2 and half at category 3. Curtis said the units within the city limits will be studios and one-bedroom units and the units outside the city limits but within the urban growth boundary will be 2 and 3 bedrooms units. The goal is to blend the affordable housing program in order to satisfy employees with different housing needs. Curtis told Council if this formula is acceptable to Council, the applicants can work on the specifics for final presentation. Curtis said the applicants have talked to Obermeyer and to Gluck about buying down some of their RO units to category 2 and 3. Bill Poss showed the neighborhood, other uses and landmark buildings. Poss showed the plarmed pedestrian way from the St. Regis to the gondola plaza along Dean Street. Poss showed Council the first iteration of the hotel and the present design. The original hotel was 110,000 square feet; this design is 98,000 square feet. Originally there were 31 units; this design is 24 units with the same square footage. Poss pointed out they have taken off the top unit to allow more open space between the North of Nell and the Residences. Poss said the applicants were requested to add ~nterest and vitality to the design. Gables and shed roofs have been added to all elevations. Poss noted the elevation is 45 feet on two sides; the building is split in half as it steps up the hill. The building is 45 feet on the Galena side and 45 feet on the ski slope side. Poss said the only front of the project is along Galena and Dean streets. 6 Regular Meeting Aspen City Council July 14~ 2003 Poss showed the car entrance and ramp, the extra parking for staging. Poss showed an illustration of the commercial level. Dean Street will be lowered 4 feet with storefronts, a plaza, benches, and walkways. Poss told Council the applicants have been working with the Ski Company to use the restaurant deck and to extend toward the gondola plaza. The lift will be moved over. Poss said these plans are an attempt to create aprbs ski and more interest at the base of the mountain. Brooke Peterson, representing the applicants, said the improvement to Dean Avenue would also open up the back of the North of Nell building to pedestrian access. Peterson presented an economic benefits reports of expenditures within the tax and tax revenues generated within the city. Peterson said using other fiscal analysis, the applicants estimate that expenditures by employees and visitors will total $18 million/year, which will generate $606,000 in sales tax. Peterson also presented an economic benefits report if the 6 town houses were built, rather than the Residences. Peterson said he feels the economic benefits are important; however, the physical benefits ora more vibrant area at the base of the mountain and a centerpiece for Aspen are very important. Pat Smith, one of the applicants, said it is his dream to see the base of Aspen Mountain become more vital. The applicants have put a lot of energy into this. Smith told Council these properties were all existing residences and the applicants had to buy 27 different residences. This made the cost of the base land very expensive; this is redevelopment, not building on a vacant piece of land. Smith said the land costs plus the anticipated improvements create a necessity for a mass to make the project financeable. The applicants have kept the square footage for financial reasons while trying to keep in mind the impacts on the neighbors. Vann said his memorandum of June 30, 2003. addresses a background on the rezoning request. Vann showed the project site, the 4 residential lots to the south prewously included. Those lots were eliminated in conceptual review at P&Z. Vann showed the parcel the applicants intend to purchase from the Ski Company. Vann showed the area zoned LTR. The North of Nell ~s zoned CL, commercial lodge. The difference between CL and LTR is the allowable FAR and that CL allows free market commercial on the ground floor. The old Tippler base area and part of the Little Nell are zoned CC. Vann pointed out the area zoned C, conservation, which has had that zoning since 1975. 7 Regular Meeting Aspen City Council July 14, 2003 The Ski Company redeveloped the base of the mountain in the 80's and rather than rezone the C, conservation land, the area zoned CC had an SPA overlay to reflect the variety of uses on that site. A hotel is permitted in the CC d/strict so the Ski Company did not propose to rezone the land under the Little Nell. Vann noted a portion of the Little Nell, the gondola plaza, the Ajax Tavern all encroach into the C zone. The Ski Company placed an SPA over the property. Varm said the applicants propose to zone a portion of their property site from LTR to CL in order to permit retail commercial uses in the building as well as being able to increase the FAR to 2:1. Vann told Council in order to get additional land, the applicants need to acquire a piece of property from the Ski Company and to rezone it from C to CL. Vann said there are no legal requirements to justify a rezoning for home rule cities; there are concepts embodied in case law that courts have used to determine reasonable ofrezoning requests. Vann noted courts have found rezoning legal if it is consistent with the master plan or the rezoning provides further public benefits. If the rezoning is not consistent with the master plan, there needs to be some evidence of changed conditions since the original zoning. Vann pointed out the city's land use code has criteria pertaining whether this is consistent with community character, when it is in the public benefit, whether there is an adverse impact on utilities, Vann said the applicants believe their rezoning request meets all the tests. The Aspen Area Community Plan with its future land use map depicts the proposed area as lodging with no distinction regarding intensity or uses. The applicants are proposing lodging so the issues are bulk, mass and the uses, which are zoning issues, not rezoning ~ssues. Vann asserted the proposal is consistent with the master plan. Vann said the rezoning complies with the requirements of the city code; affordable housing will be mitigated, all infrastructure improvements will be paid for. The AACP suggested the city establish an economic sustainability committee, which was convened in 2001. The number one recommendation of that committee was the lodging inventory was in trouble, there had been a loss of lodging beds, and the city should support rezoning to help further tourist accommodations. Vann said the rezoning from LTR to CL is justifiable under the AACP. Vann said the proposal to rezone a portion of the C, conservation land to CI. has generated more discussion. Varm noted the applicant was going to rezone the entire piece of land acquired from the Ski Company. Vann said this will be mostly open space and it is not essential the southern portion be Regular Meeting Aspen City Council July 14~ 2003 rezoned to accommodate this project. Vann told Council the applicants amended their request that only the northern portion be rezoned to CL. Vann noted the future land use map shows all conservation land designated as open space based on the existing zoning map, not actual uses. Vann pointed out the Little Nell hotel, gondola plaza, the commercial uses are all located in the C, conservation zone. Vann said the argument to rezone the property from C'to CL is based on changed conditions, that the city approved a hotel, restaurant, retail and office in the c zone and made findings then that supported that rezoning. Vann noted all the uses underneath the gondola plaza are not included in the FAR calculation. Vann said there are community-wide changed conditions as the state of the lodging industry, the economic sustainability report recommendation to support helping the lodging Peterson entered into the record letters of support from Eric Calderon, Little Nell hotel; Don Sheeley and Charles Dale. Councilwoman Richards said she works with Don Sheeley but has not discussed this project with him. Mayor Klanderud opened the public hearing. Lennie Oates, representing the North of Nell, said they view~ this project as too high, too much bulk, and too much mass. Oates said all the applicant has done is taken the rezoning of the conservation land out of the formula and doing rezoning from LTR to CL. One result is to increase the FAR by 2 times to almost 3 times to what is allowed in CL zone district. Oates said the PUD ordinance gives the city some flexibility in reviewing project; however, this ordinance does not mean a 50% FAR bonus over and above rezoning, Oates said he does not oppose rezoning from LTR to CL but does object to increasing the FAR above what would be allowed in the new zone district. Oates noted the design has a roof deck on the Dean side which will be public space with activity, plantings, and noise. Oates said the applicant has not been responsive to Council's request to decrease the height, mass and bulk. These changes are not acceptable to the North of Nell. Jack Crawford, Tipple Inn Condominiums, said he has lived at the base of Aspen Mountain for 30 years. Crawford said Aspen's apres ski life used to be varied and vibrant. The Tippler is gone and there are no other alternatives. This is a one-time opportunity to make improvements and to bring vitality to the base of Aspen Mountain. Crawford said if Council does Regular Meetin~ Aspen City Council July 14~ 2003 not improve the project with sufficient profit to offset the risk, the site will be townhomes with no restaurant, no public amenities and no aprbs ski. Debbi Falender entered a letter into the record. Ms. Falender said this is an important decision. Ms. Falender said she is not opposed to this project but is opposed to the significant variances from height and mass. Ms. Falender said she is not opposed to the rezoning or to the height and mass that would be allowed in the CL zone. Ms. Falender said she would not be opposed to some variations in the height; 32 feet is allowed but this building is 53 feet. This proposal is 2.86:1 FAR and the CL zone allows 2:2; the LTR zone allows 1:1. Ms. Falender said the parking does not meet the underlying zone requirements, nor does the open space. Ms. Falender said the main thing a PUD is supposed to do is use the underlying zoning as a guide. Council has an obligation to apply their ordinances, to look at the dimensional requirements as a guide. Ms. Falender said the proposed roof deck is the 54 floor on Galena street and is 10,000 square feet. Ms. Falender said this space will allow noise and lights right on the residential edge. Tim Whitsitt, representing Gary Jacobs Tipple Inn owner, said one of the biggest reasons to favor this approval is what is approved for the site currently - 6 townhomes. Whitsitt said if built, these would destroy the opportunity for the base of Aspen mountain. Mike Segall, owners of 4F North of Nell and Tipple #i, showed where his unit is in North of Nell. Segall said this project will not ruin his view as the mountain is right there. Segall said he would rather look at this building than what is there now. Bill Kane, Aspen Ski Company, told Council they have worked collaboratively with the applicant and are excited about this project for the vitality it will bring back to town. Kane said they have reviewed the plans and are confident it will work, the lift can be moved. Kane said the Ski Company is supportive of the food and beverage opportunities for the base of the mountain. John Sarpa said everyone is interested in helping Aspen get back to where it was in the past in the competitive sense. Sarpa said this project will be great for Aspen. Joe Raczak, North of Nell, told Council this building will affect the view of 75 to 80% of the units. Gene Reardon, Fifth Avenue condominiums, told Council every owner in the Fifth Avenue favors this project. This plan will get rid of some rundown buildings. This is what Aspen needs at the base of the mountain. Jeff 10 Regular Meeting Aspen City Council July 14, 2003 Coleman said he supports this project, he likes the mixed use, and the project will bring back a gathering place at the base of the mountain. Steve Falender said he is supportive of special events at the base of the mountain, of the renovation of the base area. Falender said for him this is not an issue of vitality. There is no reason the base of the ski mountain cannot be revitalized without development. The Ski Company has the ability to make the base of the mountain more active. The Ski Company has chosen not to have music outside, to have expensive restaurants at the base. Falender said it does not take a building that violates every part of the underlying zoning to create vitality at the base of town. Falender said the developers have not worked with the neighbors on this iteration of the plan. Ruth Kruger, P&Z member, told Council there has been a huge cut back since the first presentations of this building. MS. Kruger said some P&Z members were disappointed this building was cut back this far; this is the area where density should occur. Don Crawford asked Council to approve this application. It is the last chance to bring back Aspen's world famous apres ski. Crawford said the improved Dean street will be a great enhancement. Helga Matuska said it is pitiful there is no place to aprbs ski in Aspen; Aspen should put life in its pants again. Stebe Siefert encouraged COuncil to support this project. Siefert said he is impressed the developers have had the enthusiasm to put together so many key parcels to create this vitality. Siefert noted vitality does come at a cost, Toni Kronberg said Aspen has a long, arduous expensive review process. Ms. Kronberg said it is unfortunate developers cannot get together with the Council until the end of the process. MS. Kronberg said affordable housing at the ABC is not that far away; there are buses to the ABC. Ms. Kronberg said not every employee will want to live in 400 square foot units in town. Ms. Kronberg noted the developers have said this mass is necessary to support the public improvements. Ms. Kronberg said the city should step up. Ms. Kronberg said she is concerned about the height of the project. The developers should think about the neighbors. Bill O'Connor said this building fits into the mountain slope quite well and he supports the project. Mayor Klanderud closed the public hearing. Julie Ann Woods, community development department, noted some other projects approved by Council, the St. Regis at 65 feet, Mountain Chalet 54 11 Regular Meeting Aspen City Council July 14, 2003 feet, Little Nell 44 feet, and the Hyatt 55 feet. This project at 53 feet is consistent with the lodge projects approved in this area. Ms. Woods said the proposed location is in the city's lodging area and it is important to have a project that will bring vitality and is appropriate for its location. Ms. Woods reminded Council the city has done a lot of work on economic sustainability and the number 1 priority was looking at ways to accommodate different types and more lodges. Ms. Woods said this project meets the criteria for conceptual. Councilman Semrau asked about the roof deck reconfiguration and the intended uses for the roof deck. Poss illustrated the location'and showed it ~ will have a small pool and be for sitting in the sun. The deck will only be open to owners, not the public. Mayor Klanderud asked about the statement that a development should be consistent with the underlying zoning in a PUD and that the parking and open space are less than required and the FAR and height are more than allowed. Ms. Woods said the PUD is intended for a project to be molded for its site and location. The underlying zoning is a starting point. In order to make project more useful or more appropriate for its location, a PUD is applied. Ms. Woods pointed out this project does not have a large amount of commercial space so may not need as much parking as more commercial projects. Ms. Woods said the city has approved a number of lodge projects that could not work within the existing height limit. Mayor Klanderud asked about the basis for rezoning. John Worcester, city attorney, said state law cases address change in circumstances or that a rezoning is consistent with the master plan. The city's code has 7 or 8 criteria and Council should use those criteria to judge whether the property should be rezone& Worcester noted under a PUD one seeks variations, not variances. A PUD allows Council the oppommity to grant variations to the underlying zone district Vann told Council this proposal has more than 25% open space as required in the CL or LTR zone; however, it is in the wrong place. The city's code said the open space has to adjacent to the street, be visible from the street, etc. Vann stated the project has in excess of the 25% requirement; however, they are asking for a variation on the requirements of how open space is measured. Vann said the designers used the height of recently approved lodge projects as a gUideline for this project. Vann told Council the height of the Hyatt was established at 45 feet from the edge of the sidewalk to the 12 Regular Meeting Aspen City Council July 14, 2003 top of the highest point when viewed from the street. There are portions of the hotel in excess of 45 feet because the code requires the measurement to go all the way to undisturbed and natural grade. The height of this building is similar to that of the Hyatt. Vann told Council the code requires .7 parking space/room. This was written when all lodges were one bedroom. This project has 3 bedroom suites and if the ,7 requirement is applied to every bedroom, the parking requirement becomes excessive. The code allows a reduction to .5 parking space/room. Vann said it would be more appropriate to base the parkin~ on the number of keys so they are planning on 60 parking spaces. The code also requires 2 parking space/i,000 square feet of net leaseable. If this is added to the requirement for lodge parking spaces, the parking requirements become excessive. Vann said all major hotels are over parked and the city has approved commercial leasing of parking spaces at the St. Regis. Vann said the FAR calculation can be manipulated. When this project included the 4 residents lots to the south, the FAR was 2:1 and consistent with the zoning. There is slope reduction requirement in the city's code. The applicants plan to dig out the entire site and the slope will be gone; however, the slope reduction in this case is 23%; 23% of the land area is gone for purposes of calculating FAR. If there were no slope reduction, the FAR is reduced. If the 4 upper lots were included, which is part of the site and which the code allows to be included, the FAR is 2.2 Vann told Council the reason the FAR increased from 2:1 to 2:2 is 8 lodge rooms on the lower level were added. Because these lodge rooms daylight, they count in FAR. Vann said the applicants could buy more land fi'om the Ski Company; the building size would not change and the FAR would go down. Vann noted the FAR on the North of Nell is 3:1. The Little Nell hotel FAR at 1.96:1 excludes all the commercial and office space. Vann said the FAR is only one indicator of the size ora building. Vann said if there is any location that can accommodate density with the least impact across the community at large, this would be it. Councilman Torre said he would the applicants to address the roof level, the roof decks directly across from the North of Nell. Councilman Torre suggested unit 24 be moved to another location within the hotel. Councilman Torre said he is interested in increased vitality at the base of the mountain. Councilman Torre said he is afraid this will only be moderate vitality because of the exclusivity of the units. Councilman Torre said 13 Regular Meeting Aspen City Council July 14, 2003 although the applicants have asked for a lot of variations, the project will be great for the base of the mountain. Poss said that none of the decks are large enough for big parties. Councilman Semrau said it is unfommate the underlying zoning is so far from reality. Councilman Semrau asked where else in the city should there be density; this is an appropriate site for more density. Councilman Semrau pointed out there are large benefits to the community; apres ski, economy and anchoring a comer of the ski are base in the 21st century would be a big improvement. Councilman Semrau said he has difficulty understanding why the affordable housing cannot be located within the city limits.. Councilman Semrau said if Council approves affordable housing outside the city limits, it will set a precedent. Councilman Semrau said the burden of proof is on the applicant to get a change ~n policy. Peterson told Council the Gluck proposal is not an approved project and the applicants cannot count on buying down those units. Peterson said he is a strong proponent of a formula so that he will have some negotiating power on where and what will be provided. Peterson noted the AACP recognizes it is appropriate to locate affordable housing within the urban growth boundary. Peterson said the costs of affordable housing weigh into the risks of the applicants. Peterson said applicants need the flexibility to locate housing outside the city limits; the urban area runs from Mountain Valley to the Airport Business Center. Councilman Semrau said there are apartment buildings for sale. Peterson said if applicants buy aparrmem buildings, they have to replace the housing. Staff said that may not be correct. Councilwoman Richards requested staff outline the criteria for rezonlng from the city code and each criteria answered by staff. Councilwoman Richards suggested the applicants look into an agreement with the Little Nell for some parking sharing. Councilwoman Richards said she would like the lounge restaurant to stay open and operate as that use as well as the commercial uses remmn retail. Councilwoman Richards said she would like to see the uses for the deck spelled out. Councilwoman Richards said she feels there are changed conditions within the community to support a rezoning; these are the loss of bed base and economic concerns. Councilwoman Richards said she is comfortable with the housing formula plus some payment in lieu. Councilwoman Richards said eliminating the studios on site would give the applicant 4,000 square feet to work with. 14 Regular Meeting Aspen City Council July 14, 2003 Peterson said payment-in-lieu is not acceptable because it is much more expensive. Councilman Paulson said there are many things about this project he likes; however, he does not like a wall effect along the ski run. Councilman Paulson asked that the building be staggered along the ski run so it does not create a canyon effect. Councilman Paulson said the height bothers him and he would like the 5t~ floor moved back. Councilman Paulson said he would rather see the height on the street side not the ski slope side. Councilman Paulson said he wants this project staggered on the ski side or have the 5th floor eliminated. The rest of it is a quality project. Councilwoman Richards said with her comments, she supports the project. Councilman Torte supports the comments made by Councilman Paulson. Councilman Torre supports the project; it can be made better to make the neighbors happier. Councilman Semrau said he can support the density as is and as appropriate here. Councilman Semrau said right now he can only accept affordable housing in town or cash-in-lieu. Mayor Klandemd said this is an appropriate location for this project; it is a redevelopment. Mayor Klanderud said she understands concerns of the neighbors; however, change is occumng all the time. Individual views cannot be protected through city zoning. Mayor Klandemd said she ~s satisfied with the height. The applicants are in a catch 22; if the height is on the rear it affects one set of neighbors and if on the front, another. Mayor Klanderud stated she initially opposed housing at the ABC; however, this is an already developed area with infrastructure and transportation. Mayor Klandemd said her preference is that the applicants continue to work on provid'mg as much housing in town as possible. Mayor Klanderud said cash- in-lieu puts the city in the business of finding and building housing. Councilman Semrau agreed if the applicants show diligence on finding housing, he will accept the in city/out of city split. Vann told Council the applicants cannot live with a condition that they cannot provide any affordable housing at the ABC. They can live with the condition that their proposed formula is acceptable and they will commit to keep exploring moving more affordable housing into the city. Councilwoman Richards commented the AACP developed the affordable housing boundary as the urban growth boundary in acknowledgement that all affordable housing needs will never be satisfied within the city limits. 15 Regular Meeting Aspen City Council July 14~ 2003 Councilman Semrau moved to continue Resolution #33, Series of 2003, to July 28; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #21 AND #22, SERIES OF 2003 - Little Ajax Annexation and PUD Councilman Panlson moved to continue Ordinances 21 and 22, Series of 2003, to August 25; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE #27, SERIES OF 2003 - Usage Fees at the ARC Tim Anderson, recreation director, told Council this ordinance adds fees at the Aspen Recreation Center including the fun pass fees, conference room rental, facility rental and additional to ice fees. These fees have been discussed with SPARC and their advisory group. Mayor Klanderud opened the public heating. Toni Kronberg asked for clarification on fees for swim meets; these proposed fees make it appear it would cost $4,000 to have a swim meet, to rent both pools and room for staging. Anderson said swim facilities bid on meets; they are not charged $4,000. The swim meet organizers have a fee they charge per child/event, which goes back to the facility. Ms. Kronberg asked ifa group will be charged the exclusive rent of the facility. Anderson said staff will sit down with each group to see what fees will be charged. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #27, Series of 2003, on second reading; seconded by Councilman Paulson. Roll call vote: Paulson, yes; Richards, yes; Semrau, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #30, SERIES OF 2003 - Aspen Valley Hospital John Worcester, city attorney, t01d Council this ordinance is the last step in the annexation process. Since the annexation petition was filed in February 2002, staff and the applicants have been negotiating a pre-annexation agreement. There are outstanding issues on a pre-annexation agreement and 16 Regular Meeting Aspen City Council July 14, 2003 staffwould like guidance from Council on those terms. Worcester reminded Council annexation is purely a legislative act and Council may approve or disapprove. John Sarpa, Aspen Valley Hospital Board, told Council they would like to complete annexation at this meeting. There are fiscal impact issues and the hospital would like to make sure what they are offering is fair and reasonable. Sarpa stressed this is a critical meeting for all people involved in health care. Sarpa said the hospital wants to be on-going partners with the city in the expansion of health care. Worcester disclosed his wife works for the hospital; however, they have not discussed this issue nor has he been part of the negotiations of the pre- annexation agreement. Glenn Horn, representing the hospital, stated the city adopted an annexation policy in 1988 as part of the Aspen Area Comprehensive Plan and which is known as the Aspen Annexation element. This was revised last year. Horn pointed out the plan established an annexation area, within 3 miles of the city. Horn said there are 8 criteria that should be used to determine when annexation is appropriate. These are compliance with the AACP, the urban growth boundary, significant annexation, fiscal impact analysis, development rights and zoning, the usefulness and appropriateness of each jurisdictions regulations, infrastructure and ability to serve, and simplicity of the county boundary. Horn noted one criteria is not more important than another; Council is to look at them collectively. Horn told Council the AVH was identified in the AACP as appropriate for annexation and is located in the urban growth boundary. Horn said in the Highlands and Moore PUD annexation, the approvals were already granted in Pitkin County and the city inherited the development. This is difficult to administer. Horn noted AVH is starting on a long-term master planning process and they think the city should be a partner in the development of that plan. Horn said in the fiscal analysis, the city has said there will be negative fiscal impacts. The hospital disagrees with this analysis. Horn showed the 27 annexations since 1987 and said 24 of the annexations were primarily residential. Residential annexations do not pay for themselves. Horn said Highlands was not annexed for financial reasons but because it should be in 17 Regular Meeting Aspen Ci.ty Council July 14, 2003 the city. The Iselin, Rotary Parks and Moore fields were annexed so the city could develop recreation programs. Horn said the development rights and zoning will be comparable to what is existing in the county. Another criteria is the usefulness and appropriateness of each jurisdiction. The applicants have looked at the city code and the county code and feel the city's code is more appropriate to guide the development of the hospital. There is an issue with the Castle Creek road, and the hospital proposes to dedicate $100,000 to fixing the Castle Creek road. Horn stated this annexation is consistent with the criteria listed above. Randy Middlebrook, CEO of the hospital, said the city staff is concerned with the fiscal impact, with the redevelopment of the road intersection at Castle Creek and with detox issues. Middlebrook told Council the hospital is offering the city a 15% discount on AVH charges to help reduce health care costs to city employees. This discount is offered for 10 years. The current discount is 5%. Staff's memorandum states there will be $100,000 costs to the city in annexation. Middlebrook said hospital staff feels these costs are too high; $90,000 of these cost represent the salary of a new police officer. Middlebrook said 118 calls for service equal ¼ of a police officer annually. Middlebrook said while the calls indicate only ¼ police officer is needed, the entire costs of an officer were included in the city's analysis. Middlebrook told Council AVH has added 24/7 security at the hospital, which should eliminate many of the service calls to the police department. Middlebrook reiterated AVH has offered 5100,000 to pay for the intersection remodel at Castle Creek. Middlebrook told Council the staff asked AVH to mitigate "city taxpayers with in-kind value at no cost to the city and assist citizens m health education". Middlebrook said AVH has offered multiple health fairs and free educational seminars, in-kind value $500,000/year. Middlebrook told Council AVH has set up detox protocols for address social and medical alcohol-related problems. The Board has committed to become full partners With the city in solving the detox issue. Middlebrook said the AVH staff feels the annual net cost to the city is $30,000 prior to the value of their mitigation. Middlebrook asked Council to look at AVH as a community asset and that AVH is a flourishing organization, meeting the needs of residents and visitors both. 18 Regular Meeting Aspen Ci.ty Council July 14~ 2003 Sarpa addressed why the hospital should be in Aspen rather than in the county. Sarpa said the city's codes are more urban in nature, and the city's ability to work on a large project would make review easier for the hospital. Sarpa said it makes more planning sense to be working in the urban sense. Sarpa said the hospital wants to make major changes in the facility. The Aspen Valley Medical Foundation has committed to raising $30 million; the Board is undertaking a $10 million obligation. Gideon Kanfman reminded Council there is an approval for an office building at this site, approved by the county but opposed by the city. Kaufman said they are willing to give up the office building. City Manager Steve Barwick told Council this annexation meets all of the city's criteria and staffhas no problems with annexation except for the anticipated financial impact. Barwick stated the will city have a net expense of at least $80,000/year. Barwick agreed it is not possible to hire only ¼ ora police officer; however, this still does not lower the net costs to the city. Steve Smith, police department, told Council AVH's security officer takes care of the calls in the emergency room. There is still a need for police for other calls from parking to theft, etc. Smith told Council there are 100 to 125 calls/year and 10% of these calls result in a report being filed. Mayor Klanderud said the costs for improving the intersection would be part city responsibility anyway; there is housing and a city facility up Doolittle Drive. Barwick said road maintenance is over $60,000/year. Barwick said Council is being asked to annex an area with expenses and no revenues. Council should understand the budget implications. Barwick said Council should give staff some directions on what they would like in the pre- annexation agreement, if they want one. Mayor Klandemd said she would like a stronger statement on detox than that we will be partners. Mayor Klandemd noted the discussion is no longer a full detox facility but a supportive, safe location. Sarpa told Council this process has taken longer than the hospital or city staff thought. Sarpa said the hospital has code issues with the national code review agency in order to keep their accreditation. Sarpa said the hospital is ready to go on the renovations necessary. Sarpa noted the hospital is the health care facility and they feel strongly about participating in being full parmers with the city on the substance abuse issue. Money, land, support, staff will all be necessary for some type of facility for substance abuse. The hospital is 19 Regular Meeting Aspen City Council July 14~ 2003 looking at what of these they can contribute; however, until more is known about the facility, the hospital cannot be specific. Mayor Klanderud opened the public'hearing. Mary Hirsch said when she served on a city Board, close attention was paid to the AACP and to other adopted city plans. Ms. Hirsch supports annexing the hospital land now so the city can oversee the expansion plans. Ms. Hirsch said it is important to approve this work so the hospital can comply with accreditation. There is no direct financial benefits in this annexation; however, there are numerous indirect financial benefits to the entire community. Harold Whitcomb said the hospital used to be called the county hospital; however, it is an urban hospital and surrounded by the city. It makes sense for the city to be part of the planning process. Mayor Klanderud Said the fiscal impacts are the only outstanding issues in this proposed annexation. Councilwoman Richards said there are many pressing financial concerns in uneasy economic times. Conncilwoman Richards asked if this is relieving the county of any costs, is there a possibility of cost sharing, Councilwoman Richards asked if the hospital would be willing to split the costs over a certain net dollar impact to the city. Kaufman said the problem with that is it is the city's budget and Council controls how and where the money is spent. Paul Menter, finance director, said the fiscal impact analysis is not auditable. This analysis is a combination of anticipated revenues, expenses and assumed liabilities for infrastructure. Menter reminded Council the city is highly dependent on sales tax revenue~ and a small change in assumption over 10 years could create a $5 million swing. Sarpa told Council AVH believes in their financial analysis. The hospital has offered a discount to city employees, has offered money towards the intersection, and feels it is fair to ask the city to absorb some costs to work w/th the hospital and go into the future. Mayor Klanderud said she is prepared to vote in favor of the annexation; however, she would like some financial commitment on the substance abuse solution. Mayor Klanderud said there is a value to the city to being involved in the planning with the hospital rather than after the fact. Councilman Semrau said it is an enormous value for the whole community for the hospital to be as good as it can be. If the hospital believes annexing will help it become first class, the 20 Regular Meeting Aspen Ci.ty Council July 14, 2003 city should facilitate that. Councilwoman Richards said she has a hard time passing an annexation that could cost the city $180,000 annually. Andrew Kole said there is a downside to the hospital not being able to succeed to its fullest; there is also a downside to the county being in control over planning with the hospital. Kole said the downside of not allowing the hospital to benefit the community the best way is can outweighs everything else. Councilwoman Richards asked why the hospital has not started this process in the county. Sarpa said there are items the hospital must correct if they want to continue to receive federal benefits. Sarpa stated it makes more sense to start with the city and do the whole plan with the city. Councilman Semrau said this is the best offer the hospital can make and it is the city's responsibility to complete the annexation. Councilman Paulson asked about the retention of the Nordic trail across the AVH property and he would like it stated that the trail easement is there forever. Sarpa said this is a dedicated trail easement. Councilman Paulson asked if the hospital will contribute to making the trail better and contributing towards bridges in the future. Mayor Klanderud said this makes the case for the city annexing and Council will be involved in land use reviews and approvals. Councilman Paulson said he was once enrolled in a health plan that was turned down by the hospital. Councilman Paulson said the commitment of AVH should be to take care of people who cannot take care of themselves. Sarpa said if Council is interested in making health care more affordable, annexation is a good first step. Sarpa noted the hospital was a plaYer in forming the new community health plan. Sarpa told Council the hospital takes care of over $5 million in health care of people who cannot afford it. Sarpa said the fact the hospital is a taxing district requires them to take care of patients that private hospitals would not. John Jellinek, AVH Board and Treasurer, said it is difficult to forecast 10 years of anything. Jellinek said the inside of the hospital has to be fixed or they will not be operational. The hospital has received a low interest bond rating to work on this project in order not to have an impact on the taxpayers or anyone else. Councilman Torre said he is in favor of this annexation as he supports health care and would like the residents to be able to vote in city elections. Councilman Torre said he feels the financial impacts can be worked out. Taylor Liebman, member of finance committee at AVH and volunteer at AVH, said anyone who walks through the doors of the hospital is given the best care possible no matter what their health plan. 21 Regular Meeting Aspen City Council July 14, 2003 Mayor Klanderud closed the public hearing. Councilman Semrau moved to adopt Ordinance #30, Series of 2003, subject to mitigation commitments; seconded by Councilwoman Richards. Councilwoman Richards asked if the detox commitment or fail safe to split the expenses is part of this agreement. Councilwoman Richards said she ~s uncomfortable approving an annexation with these unknowns. Roll call vote: Councilmembers Torre, yes; Paulson, no; Richards, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to suspend the rules and extend the meeting to 11:30 p.m.; seconded by Councilman Semrau. All in favor, motion carded. ORDINANCE #31~ SERIES OF 2003 - Sagewood Condominiums Zone Map Change, PUD Amendment Scott Woodford, community development department, told Council the reason for this request is that after the project was built, there was a code change which made this project both a non-conforming use and structure. This prevents the applicants from making improvements. There are also some illegally enclosed balconies. Woodford noted this also requests a setback encroachment for a roof structure over the east entrance to the building as well as a wmver of fees associated with the rezomng. The owners contend that the rezoning was done without their knowledge and the owners did not create this situation. Woodford told Council the engineering department requested the applicant work hard at getting the dumpster off city property and onto their site. Woodford suggested a condition that the applicant work with the city to try and find a solution. Scott Gallagher, representing the Sagewood Condominiums, told Council this building was built in 1970, was condominiumized in 1973 and was rezoned in 1975. The rest of the neighborhood is single family and the rezoning made this non-conforming. This is why they are requesting a waiver of fees for the rezoning portion only. Mayor Klanderud opened the public heating. There were no comments. Mayor Klanderud closed the public hearing. 22 Regular Meeting Aspen City Council July 14~ 2003 Councilwoman Richards moved to adopt Ordinance #31, Series of 2003, with the language change on condition #5 to include working with the city on the dumpster location and to include refunding of a portion o£the fees; seconded by Councilman Paulson. Roll call vote: Councilman Paulson, yes; Torre, yes; Semrau, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #34, SERIES OF 2003 - Code Amendment Historic Lot Splits in Previously Approved Subdivisions Amy Guthrie, community development department, reminded Council during the discussions of the historic preservation, ordinance in 2002, they discussed the concept of historic lot splits. Council discussed extending this to zones that were not covered. Mayor Klanderud opened the public hearing. Tony Welgos, 1295 Riverside Drive, said this code amendment is good for the city, for historic preservation, and for him. Kathy Welgos said she suppo~s the historic preservation efforts. This program of lot splits has been successful in the west end as an important incentive. Ms. Welgos said she would like to see this incentive extended to other zones. Toni Kronberg applauded the Welgos for wanting to put their house on the inventory. Mayor Klanderud closed the public hearing. Councilman Semrau moved to adopt Ordinance #34, Series of 2003, on second reading; seconded by Councilwoman Richards. Roll call vote: Councilmembers Semrau, yes; Richards, yes; Torre, yes; Paulson, yes; Mayor Klandemd, yes. Motion carded. ORDINANCE #35, SERIES OF 2003 - Mascotte Annexation John Worcester, city attorney, told Council this parcel is located along Park Circle at the eastern edge of the city. This is a legislative act and Council has complete discretion on whether they want to annex. There is a letter from community development department explaining the FAR remains the same in the city or in the county. There is no impact on the development rights because of prior agreements made with the county. 23 Regular Meeting Aspen City Council July 14, 2003 Mayor Klanderud opened the public heating. There were no comments. Mayor Klanderud closed the public hearing.. Councilman Paulson moved to adopt Ordinance #35, Series of 2003, on second reading; seconded by Councilman Semrau. Roll call vote: Councilmembers Torre, no; Semrau, yes; Paulson, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #60, SERIES OF 2003 - Postponement of Lodge GMQS Application Deadline Chris Bendon, community development department, told Council this would delay the submission deadline for lodge competition from August 1 to December 1, 2003. This would apply to any project. The reasons for this are that there are on-going discussions about infill code amendments, changes to growth management and developers are trying to see where these code amendments are going. One party requesting this delay represents the South Aspen development, which will be a complicated PUD application. They will have to be scored on their initial application and if they are requested to come in August 1 st they may have to go through two scorings. Bendon told Council there is another possible project, which this delay would also aid. Mayor Klanderud opened the public hearing. Stan Clauson, said he is in favor of this delay because the length of time the city has spent in infill has had a confusing effect on projects. It will be helpful to have this deadline after infill is decided. Mayor Klandemd closed the public hearing. Councilwoman Richards moved to adopt Resolution #60, Series of 2003; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #61, SERIES OF 2003 - Contract BBC Downtown Consulting Julie Ann Woods, community development department, told Council staff needs Council approval to hire a consultant to work on the retail study. Ms. Woods said the committee looked at 3 proposals; interviewed 2 of the ¸24 Regular Meeting Aspen City Council July 14~ 2003 candidates; and decided BBC is their first choice. Councilman Paulson asked what the city is getting for $71,000; why is it necessary to spend this money. David Fleisher, committee member, said although some problems are external, no one knows all the problems or the solutions. Fleisher noted that the assessed valuation of businesses on the mall has decreased, which is a reflection of lower revenues coming into those businesses. Fleisher said it is difficult for people to be objective about their own problems. Councilwoman Richards said she thinks it is important that everyone is working offthe same script. Cotmcilman Torte said he is against hiring a consultant; he has not heard a lot of support for this in the community. Councilman Torte said a lot of citizens would rather see the money spent on event creation or funding a locally based study or adding it to the marketing fund. Councilman Torre said this money could be used to do enhancements to Aspen's summer season. Councilman Torre pointed out the contract from BBC states this anticipates it will serve as a road map for the new downtown liaison position. Councilman Torre said this is a proposal to bring on the downtown position and is not merely a $71,000 expenditure. Councilman Torre said he is not convinced the city needs to create a downtown manager. Councilman Torte suggested Council come up with more creative ways to spend this money that may have more immediate impact, like marketing the Saturday market down valley. Mayor Klanderud agreed she is leery of outside consultants; however, this study will give the city focus~ Council has talked about more special events, more marketing. Part of the value of this consultant is to send the city in a positive direction. Councilman Semrau said he is in favor of making this investment. Councilwoman Richards moved to approve Resolution #61, Series of 2003, with the footnote to the consultant that there may or may not be a downtown position and their recommendations should be tailored toward community implementation; seconded by Councilman Semrau. All in favor, with the exc6ption of Councilmembers Paulson and Torre; motion carried. RESOLUTION #52, SERIES OF 2003 - Aspen Recreation Center Advisory Committee 25 Regular MeetinR Aspen City Council July 14~ 2003 City Manager Steve Barwick said there are minor changes to the agreement negotiated by the two Council representatives. The name has been changed to Advisory Committee. There are still 7 members, 4 appointed by SPARC, 1 by the Youth Center, 2 by City Council, one of whom will represent swimming. The language related to the possible dissolution of SPARC was removed. John Worcester, city attorney, said if Council adopts this resolution, they are forming an advisory committee. Worcester said in the first amendment, the section that referred to SPARC's rights to make use of the facility during certain times of the year was removed. Barwick said the ability to have naming rights anywhere outside the ice rink has been deleted. Worcester said the intent of the agreement is to allow SPARC to continue to have naming rights to complete phase I of fund raising only. Toni Kronberg asked what interests the SPARC appointees will represent. There will only be one swirnnmng representative on the Advisory Board. Ms. Kronberg noted decisions can be made with 3 members of SPARC and 1 other member. Ms. Kronberg asked why there is only one swim representative. Mayor Klanderud said the SPARC appointees may also represent swimming. Mayor Klanderud said the thought is that everyone will have the best interests of the facility in mind. Mayor Klanderud pointed out the original agreement called for SPARC to appoint all 7 members. Ms. Kronberg said the swimmers raised money. Ms. Kronberg said swimming is very popular and the swimmers need to have adequate representation on this committee to advise Council. There should be adequate representation on this committee. Councilman Paulson moved to approved Resolution #52, Series of 2003; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to suspend the rules and extend the meeting to midnight; seconded by Councilman Semrau. All in favor, motion carried. Councilman Panlson moved to go into executive session at 11:40 p.m. pursuant to C.R.S. 24-6-402(4)(a), acquisition of property, relating to Smuggler Mountain, Burlingame and one other acquisition; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to come out of executive session at 11:59 p.m.; seconded by Councilman Semrau. All in favor, motion carried. 26 Regular Meeting , Aspen City Council July 14, 2003 Councilwoman Richards moved to go back into executive session at 11:59 p.m. pursuant to C.R.S. 24-6-402(4)(a), acquisition of property, not listed above; seconded by Councilman Semrau. All in favor, motion carried. Councilman Semrau moved to come out of executive session at 12:05 a.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to adjourn at 12:05 a.m.; seconded by Councilman Paulson. All in favor, motion carried. City Clerk 27