CONSENT CALENDAR.. 3

· Animal Shelter Appointment Adam Goldsmith. 4

· Resolution #16, 2008 - 2008 Supplemental Budget – EOTC.. 4

· Resolution #17, 2008 - Support Neighborhood Electric Vehicle Legislation. 4

· Resolution #18, 2008 - Support for HB 1141 Water Sustainability. 4

· Resolution #19, 2008 – Contract - Wheeler Lobby Drapes. 4

· Special Event Requests – Aspen Ski Company Spring Jam.. 4

· Resolution #28, 2008 – Approval New Finance Director 4

· Resolution #29, 2008 – Authorizing Finance Director to Execute Transactions. 4

· Minutes – February 25, March 3, 2008. 4

ORDINANCE #5, SERIES OF 2008 – Adoption of Housing Guidelines. 4

ORDINANCE #6, SERIES OF 2008 – Establishment of TDRs 827 Dean Street 5

ORDINANCE #2, SERIES OF 2008 – Establishment of TDRs 627 West Main. 5

RESOLUTION #20, SERIES OF 2008 – Temporary Use Ambulance Storage at Aspen Valley Hospital 6

PARTNERS FOR BMC HOUSING.. 7

Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Johnson, Romero and Skadron present.

OUTSTANDING EMPLOYEE BONUS AWARD

Mayor Ireland and Council presented Ron Christian, electric department, with an outstanding employee bonus award for finding a much less expensive source of globes for the antique street lights.

PROCLAMATION – Aspen History Week

Mayor Ireland and Council proclaimed March 10 to March 17 as Celebrate History Week and invited citizens to enjoy the many events sponsored by the Aspen Historical Society this week.

CITIZEN COMMENTS

1. Toni Kronberg said the ZG master plan public meeting is Wednesday 11:30 at the Hotel Jerome. Ms. Kronberg suggested more bicycle racks around the city. Ms. Kronberg said the final decision on the swimming pool has not been made; Council gave direction that the flow rider be eliminated.

2. Fred Martel read a letter into the record from the Friends for Preserving Aspen’s Core and Character stating they intend to work with the Council to make changes in the city code to protect Aspen’s small scale and character through responsible growth, a return to former height limitations of 28’ to 30’ and protecting pedestrian amenities such as open space, patios, front and side setback and preservation of mountain views. This letter is signed by 85 residents.

3. Jim Ward, Twining Flats, told Council he supports what Martel has just said. Ward said traffic lights on highway 82 slow and disrupt the traffic and there should be a roundabout at Cemetery Lane, not a traffic light.

4. Junee Kirk supported the petition as presented by Martel.

COUNCILMEMBER COMMENTS

1. Steve Barwick, city manager, requested Council add private partners at BMC West to the end of the agenda. Council agreed.

2. Chris Bendon, community development director, introduced Errin Evans, new to the community development department, and most recently from Rifle.

3. Councilman Skadron said he attended the Colorado Association of Ski Towns annual legislator dinner in Denver last week. Councilman Skadron said he had discussions with Kathleen Curry, state representative, and Gail Schwartz, state senator.

4. Mayor Ireland told Council he testified about H.B. 1122, the land use and transportation bill. Representative Kathleen Curry asked for Aspen’s support on H.B. 1144 regarding water sustainability and development. There is a resolution of support on H.B. 1144 on the agenda.

(Councilman DeVilbiss came into the meeting).

5. Mayor Ireland said he attended the Aspen High School basketball games and the boys’ team is going on to the state championship playoffs in Fort Collins.

CONSENT CALENDAR

Councilman Johnson requested Resolution #17, support Neighborhood Electric Vehicle legislation be pulled. Councilman Skadron requested Resolution #19, Wheeler Lobby Drapes and Special Event Requests Aspen Ski Company Spring Jam be pulled.

Councilman Johnson questioned the statements NEVs are zero emission vehicles; in the production there is some greenhouse gas emission. Shirley Tipton said the zero emission is after the NEVs are produced. John Worcester, city attorney, noted an NEV does not emit any GHG; in the production or transmission of electricity, there are some GHGs produced. Councilman Johnson asked what “affordable” for an NEV means. Ms. Tipton said they cost $4,000 to $15,000. Councilman Johnson asked whether NEVs will be used in addition to a regular vehicle. Councilman Johnson said he will support this at this time but has questions about it.

Councilman Skadron questioned the $1900 credit for project recognition on the Wheeler drapes. Scott Wilson, Wheeler Opera House, told Council this contract was $1900 over the $40,000 maximum budget for the project. Staff agreed to provide the contractor with recognition of their services for coming within the $40,000 budget. Councilman Skadron questioned the appropriateness branding opportunities for promotion of private businesses on public facilities. Councilman Skadron said this is a larger policy discussion and he would like Council to have that discussion. Councilman Johnson agreed Council should discuss to what degree branding or promotion should be allowed.

Councilman Skadron asked about the statement in the memorandum about Spring Jam that there will be overtime costs and there will be parking revenue. Councilman Skadron asked if these balance out. Randy Ready, assistant city manager, said applicants pay $20/space for special events. Ready said he does not think the revenues balance overtime costs; absorbing the difference has been the city’s contribution to special events. Councilman Skadron asked staff to keep track and to report back the costs for Spring Jam for future Council consideration.

Councilman Romero moved to approve the consent calendar; seconded by Councilman Skadron. The consent calendar is:

· Animal Shelter Appointment Adam Goldsmith

· Resolution #16, 2008 - 2008 Supplemental Budget – EOTC

· Resolution #17, 2008 - Support Neighborhood Electric Vehicle Legislation

· Resolution #18, 2008 - Support for HB 1141 Water Sustainability

· Resolution #19, 2008 – Contract - Wheeler Lobby Drapes

· Special Event Requests – Aspen Ski Company Spring Jam

· Resolution #28, 2008 – Approval New Finance Director

· Resolution #29, 2008 – Authorizing Finance Director to Execute Transactions

· Minutes – February 25, March 3, 2008

All in favor, motion carried.

ORDINANCE #5, SERIES OF 2008 – Adoption of Housing Guidelines

Councilman DeVilbiss moved to read Ordinance #5, Series of 2008; seconded by Councilman Johnson. All in favor, motion carried.

ORDINANCE NO. 5

(Series of 2008)

AN ORDINANCE AMMENDING THE ASPEN/PITKIN COUNTY

AFFORDABLE HOUSING GUIDELINES, PART VII, SECTION 12

AFFORDABLE HOUSING DEDICATION FEE

AS RECOMMENDED BY THE

ASPEN/PITKIN COUNTY HOUSING AUTHORITY

BOARD OF DIRECTORS

Councilman DeVilbiss moved to adopt Ordinance #5, Series of 2008, on first reading; seconded by Councilman Johnson.

Councilman Johnson asked how the formula was arrived at that requires for every 3,000 square feet of new single family or duplex that housing will be provided. Councilman Johnson asked what of the $318/square foot at Burlingame is bare bones construction and what was add-ons from Council. Councilman Johnson said he would like to discuss, at second reading, to what degree construction is not paying its own way. Chris Bendon, community development department, told Council the land use code and housing guidelines have had that provision for 20 or 25 years. Bendon said staff is updating those numbers to get a better handle on the number of FTEs generated by free market residences. Councilman Johnson said the other issue is the loss of an existing structure or conversion from residential housing to second family homes.

Roll call vote; Councilmembers Romero, yes; Johnson, yes; DeVilbiss, yes; Skadron, yes; Mayor Ireland, yes. Motion carried.

ORDINANCE #6, SERIES OF 2008 – Establishment of TDRs 827 Dean Street

Councilman DeVilbiss moved to read Ordinance #6, Series of 2008; seconded by Councilman Romero. All in favor, motion carried.

ORDINANCE N0. 6

(SERIES OF 2008)

AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING FOUR (4) 250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSFERABLE DEVELOPMENT RIGHT CERTIFICATES FOR THE SENDING SITE OF 827 DEAN STREET, LOTS P AND Q, BLOCK 113, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO

Councilman Skadron asked if there are examples of non-historic properties with increased floor area and unit size resulting from a TDR conveyance. Sara Adams, community development department, said not within the city limits. TDRs have been used to increase floor area on the property, not the maximum unit size. Ms. Adams noted there are two ways a TDR can be used, depending on the zone district; one to increase unit size by 500 square feet of net livable or to increase a residence by 250 square feet. Councilman Skadron said he would like to know the impact is on neighborhoods from TDRs in an attempt to preserve historic properties. Ms. Adams said she will bring examples of where TDRs have landed for second reading.

Councilman Skadron asked how many TDRs a landing site can accept for second reading. Councilman Skadron asked if the price of a TDR is determined by the market. Ms. Adams said it is. Councilman Skadron asked if a historically designated structure can remain so if it adds 40% of its existing structure as in this proposal. Ms. Adams noted any modifications have to go through HPC and meet the design guidelines. Mayor Ireland suggested Council think about allotting GMQS in square feet rather than in units.

Councilman DeVilbiss moved to adopt Ordinance #6, Series of 2008, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Skadron, yes; DeVilbiss, yes; Romero, yes; Johnson, yes; Mayor Ireland, yes. Motion carried.

ORDINANCE #2, SERIES OF 2008 – Establishment of TDRs 627 West Main

Amy Guthrie, community development department, told Council this property on Main street is a 3,000 square foot lot with a brick Victorian, which is unusual. This has been used as a single family residence and is below the maximum floor area on a mixed use property. The allowable square footage is 2400 square feet and the owner would like to sell one TDR leaving him with a balance of 230 square feet of redevelopment.

Councilman Johnson moved to adopt Ordinance #2, Series of 2008, on second reading; seconded by Councilman Romero.

Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing.

Roll call vote; Councilmembers Romero, yes; DeVilbiss, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried.

RESOLUTION #20, SERIES OF 2008 – Temporary Use Ambulance Storage at Aspen Valley Hospital

Chris Bendon, community development department, said this is a request from the ambulance district to construct a tent for no longer than 6 months at the current facility adjacent to the hospital and the ambulance barn. The tent is 24’ by 36’ and 22’ high. Bendon told Council the hospital is going through a master planning process and will include a more permanent facility for the ambulance storage. Bendon recommended approval as this application meets all criteria for a temporary use. Councilman Johnson asked for a better picture of the story poles. Leslie Lamont, representing the applicant, presented color photos of the story poles. Ms. Lamont told Council she contacted Ron Moorhead whose house is the most directly affected. Moorhead requested trees be planted and the district will plant two 4’ spruce trees and work with Moorhead on placement of the trees.

Councilman Skadron asked if the hospital district is bound by the city regulations. John Worcester, city attorney, told Council the hospital is not immune from the city’s land use code. Ms. Lamont noted ambulances already park in this paved area. The area is notched out of the hill with railroad tie retaining wall. Ms. Lamont said there is a larger site planning process for the hospital and the ambulances will move into a carport and this temporary shelter will go away. Rich Walker, ambulance district, told Council their plan is to put an ambulance at the North Forty fire station and when the downtown fire station is completed, put an ambulance there. Ms. Lamont said this temporary use permit is to start October 15^th and through the master plan process, they will request a shelter for a longer term.

Councilman Romero moved to approve Resolution #20, Series of 2008; seconded by Councilman Skadron.

Councilman DeVilbiss said the land use code does not allow a temporary use for years. Mayor Ireland said the Council can only approve a six month temporary use.

Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing.

All in favor, motion carried.

PARTNERS FOR BMC HOUSING

Mayor Ireland said there may be private partners for the proposed affordable housing at the BMC site whose employees do not need to come all the way into the city. Staff would negotiate with private partners and bring those back to Council in addition to any non-profit partners, like the school district or hospital. Councilman DeVilbiss asked when housing would be completed at the BMC site. Steve Barwick, city manager, told Council the county needs to approve a master plan for the airport, which will determine where the airport entrance will move or if there will be an additional intersection. This will delay the physical planning for the BMC property.

Councilman DeVilbiss asked if staff has done any studies about the number of units. Bentley Henderson, assistant city manager, said the preliminary pro forma is for 90 units. Councilman DeVilbiss asked if that is for both the BMC property and the city-owned property adjacent to it. Henderson said the 90 units was just for the BMC property; the city-owned property is about half the size and could hold 45 to 50 units. Councilman DeVilbiss said he would like the city to move ahead as soon as possible on the housing project.

Councilman Romero said he would be willing to have staff talk to private partners to expand the possibilities of solutions for the site to include financing and economics for the project. Councilman Romero suggested mixed use for the site because of its proximity to the highway and the airport. Councilman Romero said there may be some appropriate commercial that would serve the frontage road and mix with the AABC. Councilman Skadron asked what the impetus was for including private partners. Henderson said to broaden the scope and to include different players and if private partners house their employees, it is one less unit that APCHA has to develop.

Mayor Ireland said another reason is financial leverage. The money returned to the city would allow the city to go forward with other projects within the city limits. Councilman Johnson said he has issues with private partners dedicating the housing to their employees. The city has taken the position that no employee is more essential than any other employee. Councilman Johnson said he is concerned about over subscription. Councilman Johnson stated he does not agree with housing being associated with a person’s job or stacking types of workers. Councilman Johnson agreed with considering mixed uses on this property.

Barwick said the general direction is that staff talk to public and private entities that may be interested with the conditions that there is no mitigation credits; it is a fully loaded price, no discounts are being offered; and to continue to look at mixed use and live/work spaces.

Councilman Johnson moved to go into executive session at 6:40 p.m. pursuant to C.R.S. 24-6-402(4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest, negotiations with Pitkin County on the Zupancis parcel and (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions, the Cooper Street Pier lawsuit; seconded by Councilman DeVilbiss. All in favor, motion carried.

Councilman Johnson moved to come out of executive session at 8:10 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried.

Councilman Johnson moved to continue this meeting until March 11^th at 4 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried.

Kathryn S. Koch, City Clerk