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HomeMy WebLinkAboutminutes.council.20060925 Re!!ular Meetin!! Aspen City Council September 25. 2006 - COUNCIL MEETING ................................................................................................ 2 GREEN LEADERSHIP A W ARD...................................................................................... 2 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 4 CONSENT CALENDAR ................................................................................................... 5 . Resolution #77, 2006 - CIRSA Renewal............................................................... 5 . Resolution #79, 2006 - Low-Income Energy Assistance Act ................................ 5 . Resolution #80, 2006 - Information Services IGA ................................................ 5 . Minutes - September 11,2006............................................................................... 5 RESOLUTION #78, SERIES OF 2006 - Red Brick Management Agreement .................5 RESOLUTION #83,2006 - Opposing State Amendment #40 - Judicial Term Limits..... 5 RESOLUTION #81,2006 - Supporting County Ballot Question IB................................ 6 RESOLUTION #82,2006 - Supporting County Ballot Question lA................................ 6 ORDINANCE #39, SERIES OF 2006 - Aspen Institute Conference Center SPA Amendment..... ..................... ......... ....... ........................... ................ ........ ............ ... ....... ... ... 7 ORDINANCE #36, SERIES OF 2006 - Jewish Community Center Subdivision............. 7 ORDINANCE #38, SERIES OF 2006 - Extension of Temporary Moratorium .............. 13 -- ~ ';',.,~~.' 1 Re!!ular Meetin!! Aspen City Council September 25. 2006 -- Mayor Klanderud called the meeting to order at 3: 15 p.m. with Council members Richards, Johnson, DeVilbiss and Torre present. .......""'". Councilman DeVilbiss moved to go into executive session at 3:15 p,m. pursuant to C.R.S. 24-6-402(4)(a) purchase, lease or acquisition of the Isis Theatre; seconded by Councilman Johnson. All in favor, motion carried. Also present were Randy Ready, John Worcester, Scott Newman, Paul Menter and Kathryn Koch, Councilman Torre moved to come out of executive session at 4:05 p,m.; seconded by Councilman DeVilbiss. All in favor, motion carried. COUNCIL MEETING Mayor Klanderud called the meeting to order at 5 p.m. with Councilmembers Richards, DeVilbiss, Torre and Johnson present. GREEN LEADERSHIP AWARD ""-' Chip Cummins presented the first annual RE (renewable energy) day green leadership award recognizing the leadership of Mayor Klanderud for the city's proactive approach to global warming, like forming the canary initiative and passing the 25 X '25 resolution. Sally Raney noted the city's actions have started a domino effect that has been a catalyst in this valley. Sabrina Dresser presented Mayor Klanderud with a painting of Mount Sopris that is the Green Leadership Award. Mayor Klanderud said all this would not have been accomplished without the Council and staff that worked hard carrying out the environmental policies set by Council. CITIZEN COMMENTS 1. A delegation from Garmisch-Partenkirchen was introduced. This is the 40th anniversary of Aspen's Sister City relationship with Garmisch. Wolf Bauer and two Councilmembers thanked Aspen for the great hospitality and the relationship for the past 40 years. 2. Stan Clauson told Council there is a group from Russia visiting Aspen. They are all involved in the environmental open world program, which is run through the Library of Congress. The Rotary Club secured a grant to bring people to the United States. This group from Russia has met with the city staff, ACES, Rocky Mountain Institution, the Aspen Skiing Company and the Aspen Institute to exchange ideas on the environment. 3. Jody Edwards, representing the Chateau Chaumont and Chateau Dumont, told Council his clients have received notice of a public hearing of a P&Z meeting for October 3, 2006. Edwards stated he has serious problems with that hearing being held, Edwards told Council on September 15t\ the Aspen Club Properties LLC filed an 2 Re!!ular Meetin!! Aspen City Council September 25. 2006 ~ application for growth management exemption for redevelopment of the Sky Hotel. On January 31, 2006, P&Z held a special hearing at which staff made a recommendation for approval ofthe GMQS exemption. The P&Z vote was 3 to 3. Resolution #36, which denied the application, was signed by the chair ofP&Z and approved as to form by the assistant city attorney. The last whereas clause states, "Whereas the motion failed by a vote of3 to 3 resulting in a denial of the free market residential growth management allotments, denial of affordable housing growth management allotments, denial of commercial design review and denial of conditional review and a recommendation to city Council of denial of the subdivision review", Edwards noted Section I of that same resolution stated that P&Z denies the application. ~. Edwards told Council on February 10th the applicant's attorney, David Myler, sent a letter to community development department as a notice of appeal. Myler stated by under Municipal Code section 26.212.050, a tie vote on this resolution constitutes a denial of the application, for which P&Z has final decision-making authority subject to appeal. In a letter dated April I 0, 2006, Myler noted under analysis ofthat section, he did not believe a tie vote resulted in a denial under "all actions shall require th~ concurring vote of a simple majority ofthe member of the commission then present and voting and both approval and denial constitute actions unless the affirmative vote of a majority is required for either", The city attorney answered, "It has always been the position of the community development department that tie votes do not constitute a simple majority. Simply stated absent a majority vote, an application is denied for failing to obtain the requisite votes for approval." - Edwards said on April 14, 2006, Myler wrote back to the city attorney agreeing no approval was granted, he was unaware of authority to support that conclusion that a failure to obtain an approval is equal to denial. On April 27, 2006 Myler sent another letter to the city attorney stating, "It appears the moratorium will preclude the Sky Hotel owners from refiling an amended application." The letter also states, "The ownership is prepared to make significant revisions to the proposal in direct response to the issues and concerns raised by the Planning Commission members and neighbors", Edwards told Council during the summer, community development department and the city attorney changed their minds and determined the Sky Hotel could go back to P&Z even though there was a previous denial in resolution form. Edwards stated his clients were not aware of this because it was correspondence. Edwards said he is filing a notice of appeal of stafr s determination to reverse the earlier finding of the city attorney that the tie was a denial. Edwards pointed out the hearing is scheduled in a week and that does not give Council time to hear the appeal. Edwards stated the city attorney was correct the first time. Their opinion will affect whether P&Z even has jurisdiction to hear a resubmitted application. Edwards requested Council schedule an appeal hearing as soon as possible. John Worcester, city attorney, noted this matter is before P&Z and that is where the record should be made whether a tie vote is an approval, denial or no action, That will come to Council at some point. Worcester said Edwards is making a record that he has ",",',..." 3 Re!!ular Meetin!! Aspen City Council September 25. 2006 ,~ filed an appeal. The proper body to deal with this issue is P &Z. Worcester stated staff will make sure having P &Z hear this issue does not prejudice Edwards' rights of appeal. ...... 4. Jim Smith, Concept 600 owner, told Council Stage 3 is coming to the City for redevelopment and he has some documents for Council consideration, Council directed these be given to the community development department for inclusion in Council's packet. 5. Emzy Veazy said there is a problem in the valley in terms of communication between the police department and the fire department. The public safety and welfare of this issue needs to be addressed. Veazy asked Council to modernize the telecommunications system of the police department. 6. Toni Kronberg said the repaving of Highway 82 has made the ride into town smoother. Ms, Kronberg proposed a solution to the entrance to Aspen as the implementation of a four-mountain aerial transportation system. Ms. Kronberg said she is delighted Hunsacker, the pool consultant, will be in town this week, COUNCILMEMBER COMMENTS -- 1, Mayor Klanderud reported she has been in Alaska at a Mayor's conference on Climate protection. Aspen is recognized for its efforts to combat global warming and increase energy efficiency. Mayor Klanderud noted the real benefit of the conference was the exchange among the communities, their interests, ideas and concerns. - 2. Mayor Klanderud said it is great to have the delegation from Garmisch- Partenkirchen in Aspen. The sister cities program was started in the 1950's by President Eisenhower to create relationship among international communities and to foster peace and understanding. Mayor Klanderud welcomed the Russian visitors and said she hoped they learned a lot and can share ideas of common interests. 3. Councilman Torre said everyone should register to vote. Rock the Vote will be on the Cooper A venue mall this weekend. 4. Councilwoman Richards said she attended the Colorado River Conservation District Conference in Grand Junction. This conference focused on upper and lower basins of the Colorado River. Councilwoman Richards reported the district manager acknowledged that climate change might affect their 25-year running averages used to model how water is allocated, 5. Mayor Klanderud noted she attended the marketing advisory committee of ACRA, and they will be coming to Council with a report. They will also be coming with a new contract for Council consideration. 6. Mayor Klanderud said the Mayors from Aspen to Debeque had a meeting in Aspen last week, the main focus of which was the impacts of oil and gas drilling and the ""'" 4 Re!!ular Meetin!! Aspen City Council September 25. 2006 _.,,- extensive gravel pits along the Colorado River. Mayor Klanderud noted these meetings are non-partisan and are issue driven. Mayor Klanderud said there is a lot of commonality amongst the communities and the meetings have been very productive. '- 7. Mayor Klanderud said RFT A and the New Century Transportation program issued a vision statement approved by the RFTA board, "By 2017 the Roaring Fork region will significantly reduce dependence on oil through a resource efficient climate friendly multi-modal transportation system with a regional express line unimpeded by traffic and weather, competitive with the private vehicle in terms of convenience, travel time, and quality". Mayor Klanderud reported the RFTA board approved adjusting salaries ofRFTA employees because they have earned it and because the competition in the valley is extremely stiff. CONSENT CALENDAR Councilman DeVilbiss requested Resolutions #78 and 83 be pulled, Mayor Klanderud requested Resolutions #81 and 82 be pulled. Councilwoman Richards moved to approve the consent calendar is amended; seconded by Councilman DeVilbiss. The consent calendar is: . Resolution #77,2006 - CIRSA Renewal . Resolution #79, 2006 - Low-Income Energy Assistance Act "-" . Resolution #80, 2006 - Information Services IGA . Minutes - September II, 2006 All in favor, motion carried, RESOLUTION #78. SERIES OF 2006 - Red Brick Management Agreement Councilman DeVilbiss asked who is the Red Brick group. Paul Menter, finance director, said the Red Brick Council for the Arts is a non-profit group contracted to manage the Red brick facility. Bentley Henderson, assistant city manager, introduced Bob Camp, treasurer. Councilman Johnson is the Council's representative. Camp told Council they are very much in favor of this amendment. Councilman DeVilbiss noted some typographical errors and requested these be changed. Councilwoman Richards moved to approve Resolution #78, Series of2006, as amended; seconded by Councilman DeVilbiss. All in favor, motion carried. RESOLUTION #83. 2006 - Opposing State Amendment #40 - Judicial Term Limits 5 Re!!ular Meetin!! Aspen City Council September 25. 2006 "..~"" Councilman DeVilbiss said Council should give the resolution wholehearted support as this is really a bad idea. Councilwoman Richards agreed, Councilman DeVilbiss moved to approve Resolution #83, Series of2006; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #81. 2006 - Supporting County Ballot Question 1B Mayor Klanderud said this ballot issue reauthorizes the tax for open space and trails. Mayor Klanderud said this has her strongest support, The city is a fortunate beneficiary of open space purchased by the county, city, A VL T and Snowmass. This is a very important source of funds. Councilman DeVilbiss noted he represents the city on the Open Space and Trails board and these programs add immeasurably to the community and are an asset for everyone. Councilman DeVilbiss moved to approve Resolution #81, Series of2006; seconded by Mayor Klanderud. - - Ben Dodge, Nordic Council, told Council one of the amendments would be to integrate the maintenance of Nordic trails into the open space program. Tim McFlynn pointed out this is not an increase in the mill levy, just an extension of the levy to 2020. McFlynn said the open space program partners with other governments and groups and leverages monies for open space purchases. McFlynn noted in the last 16 years, the program has permanently protected 14,000 acres in Pitkin County and has 37 miles of trails. This will become a stable source offunding for the Nordic trails system. McFlynn said this will authorize the program to acquire water rights for minimum stream flows. Jesse Boyce, open space committee, stated they are still working on Smuggler Mountain purchases. Boyce pointed out the Nordic trails are a large amenity and are free. All in favor, motion carried. RESOLUTION #82. 2006 - Supporting County Ballot Question lA Mayor Klanderud said this is a tax dedicated the healthy communities. Mayor Klanderud asked if this tax is the same amount. Councilwoman Richards said there is a small increase and it is for a fixed dollar amount, not a mill. If property values go up, the mill will go down, Mayor Klanderud noted in the previous election on this issue, 70% of the voters approved taxing themselves to support health and human service agencies. Mayor Klanderud said these agencies are being affected by cuts in federal funds. There is a commitment in Pitkin County toward health and human services, as well as all quality of life issues, Mayor Klanderud moved to adopt Resolution #82, Series of 2006; seconded by Councilman DeVilbiss. All in favor, motion carried. .- - 6 Re!!ular Meetin!! Aspen City Council September 25. 2006 ORDINANCE #39. SERIES OF 2006 - Aspen Institute Conference Center SPA Amendment ~- Councilman Torre moved to read Ordinance #39, Series of2006; seconded by Councilwoman Richards, All in favor, motion carried. ORDINANCE NO. 39 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING, AN AMENDMENT TO THE ASPEN INSTITUTE'S SPA AGREEMENT FOR THE DOERR-HOSIER CENTER AT 870 MEADOWS ROAD, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO Councilman DeVilbiss moved to adopt Ordinance #39, Series of2006, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Johnson, yes; Torre, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #36. SERIES OF 2006 - Jewish Community Center Subdivision - Ben Gagnon, community development department, told Council this is located at 435 West Main street. This is a growth management review as an essential public facility and historic designation. Amy Guthrie, historic preservation office, told Council this site is in the Main street historic district and HPC has been discussing preserving the 1940's era cabins. Ms. Guthrie noted this application was in front ofHPC for a long time and the applicants were very flexible in restudying options. This is a large parcel, which would allow for a large structure as opposed to the small cabins presently on site. The applicants worked hard to try and satisfy HPC's concerns. Ms. Guthrie pointed out there are 9 original cabins down the Third street and across the alley; the rest of the cabins were built in the mid 1990's. Ms. Guthrie said the compromise is that 3 cabins along the alley will be relocated and HPC will have to approve that location. HPC granted conceptual approval for the project. "....... Alan Richman, representing the applicant, noted he is under contract with the city working on the land use code. Richman asked Council whether they see a conflict between that and him representing an applicant. Richman stated he does not see a conflict; this applicl1tion was submitted before the moratorium was adopted and before he was hired by the city. Richman said his agreement states he can continue with clients with whom he had a prior relationship. Richman said this project is an essential community facility and would be exempt from the moratorium. Council agreed they did not see a conflict. J ohn Worcester, city attorney, stated he does not see a conflict. >,..,.."'''' Richman said they started this project 2.5 years ago and spent 18 months with the HPC. Richman stated the applicants feel like the result is an improved project and complies with the land use code. Richman pointed out this is a community serving facility; it is a public building with uses like a pre-school, religious school and a place of worship, 7 Re!!ular Meetin!! Aspen City Council September 25. 2006 ""'<<"'- Richman noted pre-schools have closed and there is an increased demand for childcare. Richman said a 2006 childcare needs assessment had two findings; childcare systems are at capacity, and there will be increasing demands for childcare. This study recommended the city and county find ways to create additional space for childcare. Richman said this proposal includes 3 childcare classrooms, 15 children/classrooms 18 months to pre-K. This is a non-denominational facility. Richman told Council the Jewish community will establish an endowment to allow ways for families of moderate means to send their children. Richman said another aspect ofthis proposal is the community focus; the project includes a small Hebrew school, a library and a place for lectures/films. There will also be a synagogue. Richman stated this proposal does not seek a PUD designation nor does it seek any variances, The total floor area is less than. 75: I; the zone district allows I: I and up to 1.25: I by special review. The height meets the zone district standard and the uses are permitted uses. Richman said staff and the review boards have found this project is consistent with the Aspen Area Community Plan. Richman noted this is within the infill area, along a transit route, and within walking distance of people who will use the 'facilities. The applicants agree with conditions from P&Z and from HPC. .- Rabbi Mintz told Council one struggle of the Jewish community has been to find a consistent location to offer Jewish services, This proposal gives a solution for the needs of the Jewish community as well as serves the larger community. Their programs are from children to adult program and have attracted a healthy attendance. Rabbi Mintz said the daily use of the facility is the pre-school. Religious services will be weekly and there will be special events throughout the year, - Richman told Council there are several factors that lead to the organization of this site, One is HPC's determination of what constituted the historic resource, which is not just the cabins but also the cabins in their setting. Richman noted HPC felt strongly about the cabins on Third street and that the L-shaped be maintained. Richman told Council a covenant was established with an adjacent property owner that the southeast corner needs to remain open space, Another issue was parking on site, A standard solution would have been to put the parking along the alley; however, much of this was not available for parking. An issue to be addressed was the drop off area for the day school. The only feasible area for a drop off became an area in the back of the parcel. - Richman said sub grade parking was suggested; however, it was determined that would not be feasible because it would eliminate the possibility of a basement, which will contain some critical functions, like the kitchen. Richman pointed the play area for the day care and this leaves a small area for a sub grade garage. P&Z stated they evaluated all the surface parking schemes and only the one proposed will work. P&Z reviewed all the schemes with the applicants, P&Z and the applicants worked on a traffic management measures and are conditions of this approval. Richman noted none ofthe other religious facilities in the town have off-street parking and all use the city streets. Richman told Council two traffic studies were done, one in winter peak season and one in summer peak season. The conclusion was there are few cars parked on the streets - 8 Re!!ular Meetin!! Aspen City Council September 25. 2006 surrounding this proposed facility when the special events will occur, nights and weekends. Arthur Chabon, architect, told Council the applicants have worked hard to keep the building compatible in scale and aesthetic quality and massing with the Main street historic distract and the neighborhood. Chabon showed the proposed building in context with two adjacent buildings on Third and Fourth streets. The building is compatible in height and the building is broken down into smaller areas rather than one monolithic structure. The building also is compatible with the small cabins on site while looking like a building of civic stature. The cabins were used as modules, which repeat across the facade of the Jewish Community Center building, Chabon presented a rendering showing the scale of the cabins carrying across the fayade and the larger sanctuary. Chabon noted no portion of the fayade exceeds any dimension of any adjacent building. Chabon went through the floor plans to show where the different programs will take place in the building, including the library, the auditorium, kitchen, the day care and the sanctuary. Chabon showed some hand rendered drawings from Third street; computer generated drawings showing a view from the alley. Chabon showed Council the proposed use of the cabins left on site; one will be the entrance to ritual baths, one will be a shipping and receiving cabin, one will be temporary lodging, 3 cabins will be for affordable housing. - Richman told Council they have committed the try and fine a location for the other 3 cabins when they go the HPC for final review, Richman said they will do advertising about the cabins, HPC will approve the relocation for these cabins. Councilman Johnson asked if there are other religious requirements than the sanctuary, kosher kitchens and ritual bath. Chabon answered there is a strong suggestion that the sanctuary face east, which has been done. Councilman Johnson asked if the unused FAR will be sterilized or available for future use. Chris Bendon, community development department, noted this is not a PUD and Council is not determining a specific FAR. The FAR would be available for use in the future if requested by the applicant. - Councilman DeVilbiss asked what is the height of the tallest part of the building, Chabon said the spire, which marks this as a community building and as a sanctuary is 47'. Mayor Klanderud noted this exceeds the height limit of 32'. Richman said there is a provision in the land use code that allows a tower to exceed the height limit. Councilman Johnson asked if the applicants received any historic incentives for the preservation of the cabins. Ms, Guthrie said they have been considered for setback variances and the parking can be set by special review, The buildings are not currently designated historic and the applicants will apply for historic designation. Councilwoman Richards asked if the ditch will remain open. Richman said it will be moved; the applicants have worked with the parks department and the ditch will not be put underground. .<,-. Councilman Torre asked if orientation of the building is under the purview of the HPC. Councilman Torre said his only issues are parking and the way the building appears from Main street. Mayor Klanderud asked about the parks dedication and the school -.- 9 Re!!ular Meetin!! Aspen City Council September 25. 2006 -- dedication fees, Gagnon noted the school dedication is in the ordinance but the parks dedication fees are not. Mayor Klanderud said she would like that addressed. Mayor Klanderud opened the public hearing. James March, 308 West Hopkins, said his concern with this proposal is the bus stop. March said there has to be enough room that that people can wait for the bus out of traffic. March said the alley behind his house is not paved and it may see increased traffic on that alley. March requested the city pave the alley between Second and Third streets. Stuart Bronfrnan, West Hopkins, said he is a congregant as well as a neighbor. Bronfrnan told Council he has carefully studied this plan and is satisfied it is compatible with the neighborhood. Jesse Boyce, 134-1/2 West Hopkins, told Council he strongly supports this community center; it will be a great place for the community to gather. Alan told Council he has two children and it is very difficult to get children into pre- school. There is a wait list at most pre-schools. Alan said he is in support ofthis facility, Mayor Klanderud closed the public hearing. .-' Gagnon told Council P&Z reviewed this application and approved the GMQS, affordable housing and parking review. Gagnon said there are design constraints on this site. The parking plan is 7 parking spaces on the alley and 2 other spaces on site. Gagnon said staff felt comfortable with this parking plan because of the staggered program at the Center and the religious services are Friday night and Saturday morning. Gagnon noted the applicants have agreed to 10 special events/year in response to not overwhelming the neighborhood. Gagnon went over the drive through plan for drop off for the childcare and that the times for drop off be staggered. Gagnon said staff requests the alley be signed "one way" as a condition of approval. - Gagnon told Council the community development director has determined this is an essential public facility. The education and day care programs are elements of that determination. Also this will include another site for religious services in the community. Gagnon noted there are no residential or commercial uses on this site. Gagnon noted one criteria for reviewing essential public facilities is consistency with the AACP, which staff felt this did. It is located on a major transit route; it preserves historic resources and protects them on site. The applicant went to a lot of effort to keep the height and square footage of the buildings next to the cabins compatible. The AACP design quality section talks about respecting the context ofthe area, The applicants are providing affordable housing in town, within the historic cabins, Gagnon noted this project will enrich the lives of people in the community. Gagnon said one issue is the appropriate mitigation for the 9.63 employees being generated, The proposed housing on site provides housing for 4.25 of those employees or 44%. The housing authority and staff felt that was appropriate. Gagnon said that percentage seems appropriate as this is neither free market residential nor commercial; it is a non-profit religious organization. Gagnon told Council the land use code provides 10 Re!!ular Meetin!! Aspen City Council September 25. 2006 - relief from the housing mitigation in recognition that when working with historic properties, there is a limitation to what can be done on site, Councilman Torre asked what determines a special event. Gagnon said it is in excess of 50 people and after a certain time in the evening. Council did not agree with a limit of 10 special events. No other religious establishment is limited to a certain number, Council agreed that should be deleted. Councilman Torre said he feels parking is an issue in this location; the project is under parked. Councilman Torre said he is also concerned about the bus stop and would like more details about what the bus stop will look like. Councilman Torre said the front yard setback is 5', reduced from 10' and if5' is eliminated, how will that affect the bus stop. Councilman Torre said the architectural elements make this building look as if it is arranged to disregard Main street. Ms, Guthrie noted this will be reviewed by HPC for final design and for compliance with the guidelines. - Councilwoman Richards said she likes the gentle entryway as opposed to a massive entry, Councilwoman Richards said she likes the courtyard effect, which makes this look like two buildings rather than one massive building. Councilwoman Richards said this building should not look like a hotel. Councilwoman Richards thanked the applicant and the HPC for multiple meetings to come up with this design solution. Councilman Johnson stated it is unfortunate to be losing more tourist beds; however, as a community proposal this is very interesting and is an essential public facility. Councilman Johnson stated he has no issue with the mass or with the tower. Councilman Johnson said he hopes the bus stop issue can be worked out. Councilman Johnson stated his only real problem is that the lower employee mitigation percentage would apply to future development. Councilman Johnson said he can accept the lower employee mitigation for this immediate proposal. Gagnon noted there will be an employee audit in two years and if it is found there are more employees, they mitigation will be at 44%. Gagnon told Council they are mitigating at 44% because ofthe cabins on site. Richman said the code language for essential public facilities is different from other zones. For commercial development, it specifically states 60% of the employees have to be mitigated. The incentive lodge development states 30% of the employees have to be mitigated. The essential public facilities states a sufficient number of employees have to mitigated for. Richman said the applicants aver that going into review 60% is not the standard for which they have to provide, The cabins on site on Third street can qualify as housing and meeting the housing and building guidelines. The cabins on the alley are too small to be accepted as housing. The maximum number of employees that can be housed ,on site is 4.25 employees in 3 units, Richman pointed out the housing office made a determination this development will generate 9.63 employees. Two ofthese employees are the Rabbi and his wife who already live in employee housing and are not being generated by this project. Richman said his point is that this is generating 7.63 employees and they are housing 4.25 employees or 56%. -- Mayor Klanderud noted the question is if the audit shows the project has generated more than 9.63 employees, why is the mitigation at 44% rather than 60%. Councilwoman '~ 11 Re!!ular Meetin!! Aspen City Council September 25. 2006 '- Richards said in conversion of uses or demolition and rebuild, there is credit for existing employees in the mitigation calculations. Councilwoman Richards noted she saw no credit for existing employees in L' Auberge or other uses on this site. Richman said they felt they were meeting the code as an essential public facility and did not need to take the credit. Councilman Johnson said he is uncomfortable saying 44% or 60% is the figure for the future when the standard is "a sufficient number". Bendon said 44% is referenced in this approval because there is an audit requirement. Mayor Klanderud noted there is nothing about this application that preserves what was historically on the property other than the 6 cabins. Three other cabins will be relocated. Mayor Klanderud said this was a motor court and was a unique part of the vacation experience, This proposal does not resemble a motor court in any way. The cabins are being preserved and are being used effectively on the property. Mayor Klanderud said she hopes the 3 cabins that are being moved will not be in an obscure location. Mayor Klanderud asked if the entire parcel will be historically preserved. Ms. Guthrie said the entire parcel is part of the Main street historic district and now the entire parcel will be land marked. -- Mayor Klanderud said this is a good application and this community facility related to a religious organization has been missing in this community. Mayor Klanderud said Council is very aware the community is short on day care facilities and she likes the inclusion of that use. Mayor Klanderud said she would like the bus stop addressed, particularly if the Community Center encourages using public transit. Richman said the bus stop is all in the public right-of-way. Mayor Klanderud said the applicants might want this to be compatible with their development. Councilwoman Richards noted this is in the Main street historic district and the HPC can work on this issue to make sure they are compatible, Mayor Klanderud said she supports the application and applauds the applicant's willingness to work with the HPC, Councilman DeVilbiss said he is willing to accept the mitigation for affordable housing. Councilman DeVilbiss said he likes the architecture mimicking the cabins. Councilman DeVilbiss said he would like to see the tower lower but will not vote against it. Councilman Johnson said he would like the 10 special events eliminated from this approval. Mayor Klanderud said the staggered times for day care delivery should be eliminated because it is not practical. Councilwoman Richards moved to adopt Ordinance #36, Series of2006, on second reading deleting 7(f); 10(e); 11(e); II(g) and adding language about improving the bus stop and adding a section about the payment of park dedication fee; seconded by Councilman Johnson. Councilwoman Richards said the request for paving the alley should be delayed until after the project is complete and it is known how the alley is used. Sometimes paved alleys get more traffic, Councilman Torre reiterated he would like HPC to look at the front yard or Main street setback during their final review. ....-' 12 Re!!ular Meetin!! Aspen City Council September 25. 2006 ".... Roll call vote; Councilmembers Johnson, yes; Torre, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried, ORDINANCE #38. SERIES OF 2006 - Extension of Temporary Moratorium Chris Bendon, community development department, told Council this is a 4-month extension from October 31't to February 28, 2007. Bendon said the reason for extension is the scope and complexity of the development issues that Council and staff are addressing, Stafffeels more time is needed for analysis and discussion. The amendments being considered are elaborate, like the commercial design standards. Staff is discussing lodge development having similar design standards. All the proposal need to be done under the protection of a moratorium rather than try and have applications come through the process at the same time. Bendon noted Council asked if amendments that may be approved could be separated from the moratorium; the answer is yes. - Bendon brought up projects caught in the moratorium at some level. The moratorium adopted by Ordinance #19 allowed for pipeline projects to continue. A planning application submitted prior to the moratorium could continue through the planning process and if approved, could apply for a building permit. Bendon handed out a list of projects in the pipeline that have land use approval but for which a building permit cannot issue. Another issue is whether projects with a significant affordable housing component should be excluded from the moratorium. Bendon said these amendments are not included in this extension. Currently the only projects exempt from the moratorium are land use applications for essential public facilities, projects that do not increase floor area, single family and duplexes. Essential public facilities can proceed through the process but cannot get a building permit. Mayor Klanderud opened the public hearing. Sunny Vann, representing 41 0 West End, reminded Council this was approved for 3 affordable and 2 free market residential units. Vann said the project is ready to go to construction and has plans ready to submit for building permit. Vann went through the list ofprojects on Bendon's list noting few of them are prepared to go forward, Lennie Oates, representing 410 West End, said it is difficult to understand why the moratorium applies to approved projects. Nothing will change in the approved projects. Applying the moratorium to approved projects will back things up with the building department. Councilman DeVilbiss said Council is examining down stream regulations and perhaps additional regulations on the issuance of building permits, Vann asked if that would apply to previously approved projects, John Worcester, city attorney, said it depends on how the ordinance is written, Oates asked if that would be another review, Worcester said there may be a phased system. Vann said vested rights not withstanding, a project might be subject to a lottery. Worcester said it would be a law of general applicability, Vann stated that seems to be inconsistent with the intent of the legislature of vested rights, which one could have 3 years in which to undertake a project free from additional -- "'- 13 Re!!ular Meetin!! Aspen City Council September 25. 2006 ~"'-" regulatory control. Vann said he sees no reason his project cannot proceed to building permit. John Elmore, representing the Hannah Dustin building, said they have approvals and this project provides affordable housing and parking. Elmore said waiting creates a financial hardship for their project, Jesse Boyce said extending the moratorium is commendable. The lack of public indicates a lot of people are out of town and a 4-month extension will give the public a chance to comment. Mayor Klanderud closed the public hearing. Councilman DeVilbiss said Council can exempt projects from the moratorium, can terminate the moratorium, and he would like the extension to be 6 months, not 4 months. Councilman DeVilbiss said Council is waiting for an additional consultant as well as input from a firm in Boulder. Mayor Klanderud entered into the record an e-mail from Susan O'Neal supporting the extension of the moratorium on Aspen construction. """- Mayor Klanderud stated the pace of construction in town is overwhelming and the Council needs to deal with that. Council also needs to deal with construction impacts and has hired a construction mitigation officer to that end. Mayor Klanderud said what has happened in this moratorium is the entire land use code is being reviewed, which is not where the moratorium started. The focus continues to expand and it is difficult to get some of the issues resolved and out ofthe moratorium. Mayor Klanderud stated she is not willing to exempt affordable housing; growth is growth. Mayor Klanderud said she does not support the extension. Council needs to act as expeditiously as possible, remove the issues from the moratorium that can be removed. Councilman Johnson agreed Council has not focused on the rate and pace of development as much as possible, which is something the entire Council agreed on. Councilman Johnson noted if everything approved were to be built, it would be a 10% growth rate, Councilman Johnson said he cannot agree to lift the moratorium on approved projects or to exempt affordable housing. Councilman Johnson noted Council does not know what the end results of this will be, Councilman Johnson agreed Council can end the moratorium at any time or can lift sections or exempt projects. Councilwoman Richards said she does not think the terms of the moratorium should be changed, and she supports extension of the moratorium to keep the pressure on and Council working towards resolution. Councilwoman Richards moved to adopt Ordinance #38, Series of2006, on second reading; seconded by Councilman Torre. Roll call vote; Councilmembers Torre, yes; Johnson, yes; DeVilbiss, no; Richards, yes; Mayor Klanderud, no. Motion carried. ,.- Mayor Klanderud said how development is managed when the moratorium is over should be moved to the top of the list. Mayor Klanderud said she has concerns about the back up and what that means for development. Council agreed. - 14 Re!!ular Meetin!! Aspen City Council September 25. 2006 ,- Councilwoman Richards moved to continue the meeting to 3 p.m. September 26; seconded by Councilman Torre. All in favor, motion carried. Council left Chambers at 9 p.m. ,"- - - - 15