RESOLUTION #67, SERIES OF 2007 – Annexation Plan. 4

REQUEST FOR FUNDS – Ordinance #30 Historic Preservation Code Amendments. 4

FIRST READING OF ORDINANCES. 8

· Ordinance #36, 2007 – North of Nell PUD.. 8

· Ordinance #37, 2007 – Amending Ord. 51, 2006 – Commercial Core Moratorium..... 8

· Ordinance #38, 2007 –Charter amendment–Instant Runoff voting – Majority Vote for Council 8

RESOLUTION #68, SERIES OF 2007 – Appeal of Community Development Director’s Interpretation 9

ORDINANCE #38, SERIES OF 2007 – Charter Amendment Instant Runoff Voting Procedures 10

LODGE AT ASPEN MOUNTAIN – Further Proceedings. 11

ORDINANCE #34, SERIES OF 2007 – Charter Amendment Term of Mayor 14

RESOLUTION #63, SERIES OF 2007 – Amending Council Rules and Regulations. 15

RESOLUTION #69, SERIES OF 2007 – Hydroelectric Bond Issue. 15

RESOLUTION #70, SERIES OF 2007 – Hydroelectric Use of Open Space. 15

RESOLUTION #71, SERIES OF 2007 – City Transit Sales and Use Tax. 16

RESOLUTON #72, SERIES OF 2007 – Property Tax Increase for Storm Water 17

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

CITIZEN COMMENTS

1. LJ Erspamer suggested the city work with the hotels to establish hotel shuttle van pick up and drop off points. The hotel shuttle vans currently stop anywhere in traffic lanes around the city to pick up and drop off causing traffic congestion. Erspamer suggested the city invite the hotel drivers to a public meeting and ask them to recommend locations for pick up points.

Mayor Ireland said people have asked Council to consider right turn only at Cemetery lane and Truscott place during high traffic hours. Mayor Ireland told Council he delivered a letter to CDOT requesting authority to do that study.

2. Jim Markalunas presented Council with a bouquet of thistles, Aspen’s unofficial flower, and a bouquet of sweet peas, Aspen’s official flower. Markalunas congratulated Council for initiating action to reactivate the hydroelectric power generator on Castle Creek. Markalunas noted the 1892 power plant (now the city maintenance facility) provided Aspen with electricity through the mining days and the rebirth of Aspen and skiing. Markalunas said the community can rejoice in the restoration of clean and renewable hydro power.

3. Susan O’Neal told Council she has followed up on her request to do something about excessive motorcycle noise. Ms. O’Neal said the American Motorcycle Association stated they would rather a noise ban apply to all vehicles. Ms. O’Neal said there is no equipment that registers sound while registering speed. Ms. O’Neal told Council she is handing out brochures to motorcyclists about noise. Ms. O’Neal said she has received no negative reactions from her interactions with motorcyclists. Ms. O’Neal noted she has proposed an ordinance to help return Aspen to quieter years.

Councilman Johnson agreed Council needs to do something about this. Lee Cassin, environmental health office, has been working on this. When Council receives information from Ms. Cassin, they can schedule a work session. Councilman Romero agreed about a work session and stated he appreciates the citizen’s initiative. Councilman DeVilbiss said he supports a work session and any noise ordinance should apply equally to all vehicles. Mayor Ireland said Council will wait for information from staff outlining different approaches including a test to allow spot measurement. Mayor Ireland stated the city has an extraordinary number of enforcement measures facing them, like noise, bears, construction mitigation, and traffic congestion. Mayor Ireland said it is difficult to hire enforcement personnel.

4. Mike Maple asked if Ordinance #30, historic preservation code amendments, is going to be added to the agenda. Chris Bendon, community development department, handed out a memorandum of requests from staff for funding work on Ordinance #30. Steve Barwick, city manager, requested Council add Ordinance #30 to the consent calendar and then remove and discuss it.

COUNCIL COMMENTS

1. Steve Barwick, city manager, requested a special session Tuesday September 4^th after the joint meeting with the BOCC to review Ordinance #32, Construction management and Ordinance #33, noise abatement. Mayor Ireland said Council needs to address construction management rather than waiting to September 10^th. Councilman Romero asked about including Pitkin County. Barwick told Council this is in the process.

2. Councilman DeVilbiss said a bear broke into his house and did not wake either Councilman DeVilbiss or his dog, Killer.

3. Councilman Skadron congratulated the Council triathlon team, who came in first in their age group. Councilman Romero bicycled, Councilman Skadron ran and Mayor Ireland swam.

4. Councilman Romero reported last week Roaring Fork Leadership kicked off their 20^th anniversary with an address from Mayor Hickenlooper. The leader of the year award was presented to Howie Mallory. Councilman Romero said Mayor Hickenlooper’s speech outlined 5 points of leadership; collaboration and teamwork; transparency; accountability; effective listening – reaching out and try to understand what another person is trying to convey.

5. Councilman DeVilbiss thanked Chip Cummins for putting RE day together.

6. Mayor Ireland announced that the City Council and BOCC are sponsoring an aid station during Ride for the Cure, Saturday September 8^th. The aid station is at the ARC and Mayor Ireland said he hopes Council will be there to help and citizens can stop by to voice their opinions.

7. Mayor Ireland told Council he welcomed the Democratic Governor’s Conference at the St. Regis last week. Mayor Ireland reported the panel on state transportation is moving toward recommendations to the governor on how to fund the backlog of transportation needs.

8. Mayor Ireland urged citizens to act with civility in every means possible, not leaving one’s trash unsealed, not working on construction projects after the allowable hours. Mayor Ireland reiterated the city has a huge enforcement burden and it would help if everyone shows respect for their fellow citizens.

9. Barry Crook, city manager’s office, announced the citizen’s survey is being mailed rather than doing this by phone. Crook requested anyone who receives a survey to fill it out and return it so the city can get a good indication from the citizens of their concerns and issues.

CONSENT CALENDAR

Councilman Romero requested Resolution #67 be pulled. Councilman Johnson requested the minutes be pulled. Request for funding to implement the changes to Ordinance #30 will be pulled and discussed.

Councilman DeVilbiss moved to approve Resolution #64, 2007 – Contract Cardio Equipment; Resolution #65, 2007 – Budget Analysis Contract; Resolution #66, 2007 – Wheeler Sound Equipment Contract; seconded by Councilman Romero.

Councilman Skadron asked if the sound board at the Wheeler is used for every performance. Gram Slaton, Wheeler, said the sound board is used for everything except movies. Councilman Skadron asked if advancing technology will require annual or biannual replacement of a sound board. Slaton said although technology moves forward in stage craft rapidly, staff feels comfortable with this recommendation. Slaton told Council the present equipment is out moded, needs constant repair and costs money. Mayor Ireland asked the anticipated life span. Gordon Wilder told Council they will get 8 or 9 years out of the new sound board.

All in favor, motion carried.

RESOLUTION #67, SERIES OF 2007 – Annexation Plan

Mayor Ireland asked about inclusion of the referral comments from the county. Chris Bendon, community development department, told Council this is not a policy document and policy area comments were not included. This is required by state statute requesting the city describe the 3 mile boundary and their annexation procedure. Bendon noted the city and county considered an inter-governmental agreement regarding annexation policy about 18 months ago. None of those points have been included in this annexation plan. Mayor Ireland said he would like to have the IGA discussion with Pitkin County. Pitkin County’s TDR scheme depends on what happens in the urban growth boundary and that should be discussed. Ireland noted an IGA does not impinge on the city’s ability to annex territory. Mayor Ireland suggested this be scheduled for a work session with the county.

Councilman Romero moved to approve Resolution #67, Series of 2007; seconded by Councilman Skadron. All in favor, motion carried.

REQUEST FOR FUNDS – Ordinance #30 Historic Preservation Code Amendments

Chris Bendon, community development department, told Council there are 4 parts to this funding request. The first request is to have a blue ribbon committee to look at the economic impacts of historic preservation. Bendon said this should be an 8 to 12 member group, property owners and real estate professionals, and the assistance of someone who specializes in the developments of historic properties – cost of $25,000. The second is another blue ribbon committee to look into the historic preservation ordinance, scoring criteria, whether the criteria should be amended. Staff is suggesting a context paper for post WWII properties – cost $55,000.

The third recommendation is a comprehensive review of all properties in town broken into two phases; the easy ones, not historic, at $20,000. Staff recommends temporary help to go through the 1,000 to 1500 properties. The second phase would rely on the economic impacts and the changes to the preservation ordinance, scoring system, possible benefits. There are possible code amendments to be written, like a supermajority vote required to designate a property against an owner’s wishes.

Bendon said the last item for funding is to have a public-defender type on retainer for property owners to go to for advice. This person would be paid by the city but would not be city staff. This is estimated at $10,000. Mayor Ireland said an economic analysis may need to be done only in the event a property owner is contesting historic designation. Bendon said staff thought it would be beneficial to have a better understanding of the economic impact of landmark designation as a general concept. It is a property specific circumstance and it will be hard to generalize. Mayor Ireland said he would prefer to do this when a property owner contests designation. Councilman Johnson said to settle the question whether there are negative or positive impacts to historic designation is worth spending the $25,000.

Councilman Romero said this is a request for funding, not a work plan. Councilman Romero asked whether the work plan and time line should be defined before funding them. Mayor Ireland said he would like to know what the money will accomplish and to establish a timeline for the proposed tasks. Councilman Romero said he does not feel this is an organized plan with steps and time frames identified. Council should have that before they commit any resources. Councilman Johnson said he thought the benefit of the citizen’s committee recommendation was that comments from the public would be included and it would be a bottom up process. Councilman Johnson said this recommendation seems in line with Council’s direction from the last work session.

Councilman Johnson moved to allocate $206,000 to community development to accomplish a work program as outlined in staff’s memorandum; seconded by Councilman Skadron.

Councilman DeVilbiss asked what the time frames might be. Bendon told Council items 1, 2 and the first part of 3 can happen within the next 90 days. The second half of item 3 would not happen until the above is completed. Councilman Romero said the current system requires property owners to initiate a request for historic or non-historic determination.

Mayor Ireland said at the last work session on this topic, Council gave direction on things they would like to see revised from Ordinance #30, like certificates of non-historic or a super-majority vote. Mayor Ireland asked when these code amendments can be reviewed by HPC and by Council. Bendon said the first step is to put together the blue ribbon group to review amendments and recommend those that are more straightforward. Bendon noted Council can also initiate these amendments right now. Mayor Ireland asked if staff will draft proposed amendments so the blue ribbon group will have a starting point.

Jerry Bloomberg said this has caused stress and anxiety as their property may meet some criteria for designation. Bloomberg said his house is not historic looking nor was the architect noted for anything. Bloomberg said he cannot plan for the future with this hanging over his head. Bloomberg implored Council to do something as this emergency ordinance is not working. Bloomberg noted incentives were not discussed at the last work session. Bloomberg urged Council to look at the criteria for what they want to see preserved.

Suzanne Bloomberg asked what this discussion is about. Ms. Bloomberg said it seems that most historic properties have already been identified. Ms. Bloomberg said historic designation should be voluntary. Mayor Ireland said Council is trying to outline a process by which citizens can participate and recommend changes. This will require public funds.

Paul Hayes said there are 2200 residences and $206,000 seems a lot to spend on that. Neil Segal said he favors proposal #3 as the issue is not a comprehensive list but a knowledge base, a data base going forward of research from the HPC, information from real estate and from the outside so Council has comprehensive information.

Mike Maple commended staff for putting together this analysis. Maple said these tasks need to be outlined and budgeted with a time line identified. Maple asked who applies for and who appoints the blue ribbon committee. Maple said he would like to know the public vetting process of any suggested change in the criteria for review of historic designation. Maple said the incentives for historic preservation need to be addressed and modified. Maple said the estimates for a public defender are low because it under estimates the costs necessary for a community member to defend themselves if their property is considered for historic designation. Maple said this is a reasonable plan; however, there will be a lot of properties that are stuck. This does not take into consideration people who need to do something about their property now. There is no mechanism to address issues that cannot wait 4 or 6 months. Maple said Council has to address the designation of properties now.

Mayor Ireland said one of the criticisms was that Ordinance #30 happened too fast and this seems to be a request to act rapidly again. Mayor Ireland noted there are existing standards by which property owners can go through the process to find out of their structure is historic or not. Mayor Ireland said the suggestions in this proposal came from citizens and from the work session with Council. The action is to form a committee, give them language for amendments to Ordinance #30, review many of the properties within 90 days.

Maple said this was created by emergency ordinance and it should be rectified by emergency. Maple said interim steps need to be taken.

Councilman Skadron said he does not know if this plan is a good one or not. Councilman Skadron stated he wants things to get done in a timely fashion and to insure there is a process in place for public comment. Councilman Skadron said he wants to know each component is to create an effective tool box. Councilman Skadron stated he would like the anxiety and uncertainty addressed.

Councilman Romero stated he supports this as a step in the right direction, reaching for public input. Councilman Romero said he feels this lacks an interim step to help relieve the stress. Councilman Romero said he would like to see super majority of Council for historic designation added immediately.

Councilman Romero amended the motion to direct staff to draft language requiring provision of a super majority for involuntary designations; seconded by Mayor Ireland.

Councilman Johnson said when Council first started discussions about historic preservation, the consensus was Council wanted a code that preserved more than it demolished. Councilman Johnson said this amendment speaks more to demolition than preservation. Councilman Johnson noted no one challenges the existing historic preservation ordinance or that preserving Victorians is not a good thing. Councilman Johnson said history did not end one day. Councilman Johnson said Ordinance #30 is appropriate and can be amended through the citizen input process.

Councilmembers Skadron and Romero, Mayor Ireland in favor; Councilmembers Johnson and DeVilbiss opposed. Motion carried.

All in favor, with the exception of Councilman Johnson, of the main motion. Motion carried.

Councilman DeVilbiss suggested a work session to allow more public comment. Council agreed to continue this discussion to 6 p.m. August 28^th.

Councilman Johnson requested the August 13^th minutes be amended on page 16, paragraph 5 to delete the sentence “That is what it takes to run a luxury hotel”.

Councilman Johnson moved to approve the minutes of August 13^th as amended; seconded by Councilman Romero. All in favor, motion carried.

FIRST READING OF ORDINANCES

· Ordinance #36, 2007 – North of Nell PUD

· Ordinance #37, 2007 – Amending Ord. 51, 2006 – Commercial Core Moratorium

· Ordinance #38, 2007 –Charter amendment–Instant Runoff voting – Majority Vote for Council

Councilman DeVilbiss moved to read Ordinances #36, 37 and 38, Series of 2007; seconded by Councilman Romero. All in favor, motion carried.

ORDINANCE N0. 36

(SERIES OF 2007)

A ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON-CONFORMING DIMENSIONAL STANDARDS WITH CONDITIONS, FOR THE NORTH OF NELL CONDOMINIUMS, 555 EAST DURANT STREET, Lots a,b,c,d,e,f,g,h AND i, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.

ORDINANCE NO. 37

(Series of 2007)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING A TEMPORARY MORATORIUM ADOPTED PURSUANT TO ORDINANCE NUMBER 51, SERIES OF 2006, AND AS AMEDED PURSUANT TO ORDINANCE NO. 2, SERIES OF 2007, AND AS AMENDED PURSUANT TO ORDINANCE NO. 26, SERIES OF 2007.

ORDINANCE N0. 38

(SERIES OF 2007)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 2.7 AND 3.2 OF THE CITY OF ASPEN HOME RULE CHARTER TO REQUIRE COUNCIL TO ADOPT INSTANT RUN-OFF VOTING PROCEDURES FOR THE ELECTION OF MAYOR AND MEMBERS OF COUNCIL AND TO REQUIRE MEMBERS OF COUNCIL TO BE ELECTED BY MAJORITY VOTE.

Mayor Ireland noted if Ordinance #38 is adopted, which requires instant runoff voting procedures and also requires members of Council to be elected by majority vote, ordinance #35 will be moot.

Councilman Johnson asked if Ordinance #37 is related to Resolution #68. Chris Bendon, community development department, told Council it is related. Resolution #68 addresses an appeal of staff decision regarding the commercial core moratorium. If Council upholds staff’s decision, they will need to adopt ordinance #37, which amends the commercial core moratorium and what is exempt from that moratorium.

Councilman Skadron asked if the PUD amendment for North of Nell went to P&Z. Bendon said it did. Jason Lasser, community development department, told Council the North of Nell condominiums will be affected by the lowering of Dean street, which exposes more area on the Dean Street side as a result of the Residences at Little Nell. Councilman Skadron asked why the Residences at Little Nell would affect North of Nell. Mayor Ireland said the street is being lowered, which exposes more surface area which increases the countable FAR and puts it beyond the limit. This will change the dimensional requirements of the North of Nell. Councilman Johnson asked if this is approved and the North of Nell ever redevelops, will they be able to use this additional FAR. Chris Bendon, community development department, said if they tore the building down and redeveloped, they would be required to go through the entire PUD process. Councilman Romero asked about the reference in the staff memorandum to “newly created retail” which seems to be inconsistent with the statement there is no new retail. Staff agreed there is no new retail.

Mayor Ireland moved to adopt Ordinance #36, Series of 2007, on first reading; seconded by Councilman Romero. Roll call vote; Councilmembers Romero, yes; Skadron, yes; DeVilbiss, yes; Johnson, yes; Mayor Ireland, yes. Motion carried.

RESOLUTION #68, SERIES OF 2007 – Appeal of Community Development Director’s Interpretation

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

Chris Bendon, community development department, told Council this resolution requires a public hearing and depending on how this is resolved, Council may or may not want to adopt Ordinance #37, Series of 2007. Bendon reminded Council Ordinance #51, 2006, created a moratorium in the commercial core and appeals from that moratorium are heard by Council. The criteria are a denial of due process, an administrative body exceeded its jurisdiction or abused its discretion. Bendon said this is a procedural appeal on whether staff conducted the process correctly.

Bendon told Council the issue is non-conforming office space on the ground floor in the commercial core. Several years ago Council eliminated that use in the downtown. Grandfathered spaces are allowed to remain. The moratorium prevents the change in use of business spaces. This request is to convert office space to a retail shop; however, it cannot do so because of the moratorium. Bendon told Council they can either find this request meets the spirit and intent of the moratorium and grant an exemption from the moratorium or Council can uphold the director’s decision and amend the moratorium to exempt an action like this. Bendon told Council staff sees a benefit in returning the office space to a retail use which is in line with the city’s direction.

Sunny Vann, representing the applicant, told Council this is office space at the Mill Street Plaza on the corner of Mill and Hopkins. The landlords want to lease this space to Cache Cache and to J. Crew. Vann said there is no provision in the moratorium to return office space to retail. The moratorium does not expire until December and the applicants would like to prepare the space for the winter season. Vann told Council there is 6400 square feet used for office space. The office space can be reduced and be exempt from the moratorium. The proposal is to leave 2600 square feet for a new office tenant 1400 of that will be on the first floor and 1200 square feet will be on the lower floor; the remainder of the square footage will be split between Cache Cache and J. Crew.

Mayor Ireland moved to adopt Resolution #68, Series of 2007, upholding the decision of the community development director; seconded by Councilman DeVilbiss. All in favor, motion carried.

Councilman Johnson moved to adopt Ordinance #37, Series of 2007, on first reading; seconded by Mayor Ireland.

Councilman Johnson asked what is being changed in the moratorium. Bendon said there is a list of exemptions and this would add another exemption to allow space to return from non-conforming use to uses the city is looking for in the commercial core. This change will reduce the non-conformity. Councilman Romero questioned the applicability of the moratorium and that the review of the commercial core and this moratorium is not on Council goals.

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

ORDINANCE #38, SERIES OF 2007 – Charter Amendment Instant Runoff Voting Procedures

Councilman DeVilbiss moved to adopt Ordinance #38, Series of 2007, on first reading; seconded by Mayor Ireland.

Councilman Johnson amended the motion that if this is approved by the voters, Council will appoint a task force of citizens, the city clerk and city attorney to propose recommendations a specific instant runoff method; seconded by Councilman Skadron.

All in favor, motion carried.

Councilman Johnson amended the motion to add “procedure” to the ballot title to read “instant runoff voting procedures”; seconded by Councilman DeVilbiss. All in favor, motion carried.

Councilman Johnson moved to adopt Ordinance #38, Series of 2007, on first reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Johnson, yes; Romero, yes; DeVilbiss, yes; Skadron, yes; Mayor Ireland, yes. Motion carried.

Councilman Johnson moved to deny Ordinance #35, Series of 2007; seconded by Councilman Romero. Roll call vote; Councilmembers Skadron, yes; Romero, yes; Johnson, yes; DeVilbiss, yes; Mayor Ireland, yes. Motion carried.

LODGE AT ASPEN MOUNTAIN – Further Proceedings

Mayor Ireland stated at the last meeting the Lodge as Aspen Mountain ordinance was defeated by a vote of 3 to 2. That motion amounted to non-action and the item is still before Council. The applicant requested Council refer this issue to the voters, which Council did not do because of the late hour. Councilman Johnson said since he thought this decision was made; he discussed this with many citizens. Councilman Johnson said he feels comfortable reviewing this proposal as his vote is on the record. Councilman Romero, Councilman Skadron and Mayor Ireland stated they all talked to citizens.

Chris Bendon, community development department, told Council the land use code requires Council take action on land use applications, either approve, approve with conditions or deny. Actions require 3 votes in favor of a motion. Bendon said as proper procedure, Council should exhaust all potential ways to approve a project. When it is apparent a project is not approvable, then a motion to deny a project is appropriate. Bendon said the applicant has made changes to the project, which has been presented to Council. Mayor Ireland said this can be referred back to P&Z for review and comment; Council can review the changes; or Council can deny the project.

John Sarpa, representing the applicant, requested Council set this amended project for a hearing no sooner than September 24^th in order for the applicant to more fully present the changes. Sarpa said the size of the lodge was a concern of most Council; the nature of ownership and the size was a concern. The applicants were asked if they could make this smaller. Sarpa said upon reflection, the applicants considered dropping snow melt of South Aspen street, at a large cost savings. Aspen street will be left as it exists and the public parking will be left on the street; the street is not narrowed and 33 parking spaces in the garage can be eliminated; this all saves money and construction time. The street will not have to be concrete, a requirement of snow melted street, which will also save money. As the project gets smaller, the affordable housing mitigation decreases. Sarpa said they will maintain 72% of employees housed. Sarpa told Council they will obligate to purchasing equipment for the city and help pay for additional labor to maintain a higher level of safety on South Aspen street.

The floor area has decreased from 175,000 to 150,000 square feet or a 14% reduction. Sarpa noted all 4 free market residences at 3600 square feet each, have been eliminated. The fractional units have increased from 21 units to 25 units, which added 6,651 square feet. Sarpa said the hotel rooms have decreased from 80 to 71 rooms. Sarpa told Council the standard room sizes have decreased from 527 square feet to 500 square feet. The mix of rooms has been changed; the number of standard rooms has increased from 56 to 61 and the number of suites has been decreased from 24 to 10. The hotel FAR has decreased by 10,374 square feet. The spa has been reduced by 6,000 square feet. These reductions total about 24,000 square feet. Sarpa noted the top floor on the south building has been eliminated; the rendering shows in orange what has been removed. This is a reduction of 8 to 10’. The highest point is 45 or 47’ rather than 55’. Sarpa said they have not done drawings to present to Council as there has not been time.

The lower level or north parking lot has been eliminated reducing the parking by 33 spaces. The applicants have a new employee generation showing 165 employees. Sarpa said the applicants will keep 72% employee mitigation, which would be 120 employees plus 15 replacement, housing 135 employees.

Toni Kronberg said the top of Aspen street is one of the last remaining parcels and Council should look at this, the ski company lift and the lodge proposal to the east all together. Ms. Kronberg said taking away the snowmelt is a loss of a community benefit. Dave Bellack, representing the Aspen Ski Company, said Aspen needs more tourist accommodations. Bellack said it is challenging to make hotels work economically and physically and have a good project for the community.

Warren Klug requested Council reconsider the lodge in light of the changed proposal. Klug said this area of the base of the mountain should be developed with facilities to bring life back to the west side of the ski mountain. Klug noted in the past 10 years, Aspen has lost about 30% of its “hot beds”. Aspen needs visitors to make the economy work and to continue to be competitive. Klug said local businesses have left Aspen, partly due to loss of hot beds. Klug said the study done by HVS stated a hotel cannot make it financially unless it has a free market component.

Doug Allen, representing the Lift One Condominium Association, stated the 31 families still support the changed proposal. Allen said the snow melt should be paid for everyone in the area if it is done. There are some advantages to leaving Aspen street with parking and without snowmelt. Jeanette Darnauer, ACRA, said the business members feel the applicant has gone a long way to meeting the Council’s concerns with a revised project. Ms. Darnauer said this proposal is an attempt to make this work for the resort and for the community. Beth Blackmer, business owner, stated she supports this and asked Council to reconsider the project.

Patrick Segal said the lift project should be eliminated from this, which would lower the FAR. Kent Reed said he is concerned about the economic impact of the project on Aspen; however, that is not the only criteria by which a community should be judged. Reed said Aspen needs a rest from the traffic, noise, pollution and density. Aspen needs a new renaissance; the pendulum has swung too far and the consideration should be moderation and revisiting things other than just economic value to the community.

Bill Tomcich, Stay Aspen Snowmass, told Council he continues to support the project. Tomcich said this developer is flexible and creative and has listened to Council’s concerns. The developer has come up with a compromise that can work for the community. Gail Morgan, Shadow Mountain condominiums, told Council they support this new application. Ms. Morgan stated they have worked with the applicant for a long time and they have been very flexible. Guy Noble, Timberridge condominiums, told Council they support the project even though they will be highly impacted by the construction. Jesse Boyce said he is opposed to this too large project. Boyce said the town is already crowded and does not seem to need a large hotel. W. R. Walton stated he is opposed to this project.

Councilman DeVilbiss said the soils condition and the instability is a concern and will continue to be a concern. Councilman DeVilbiss stated he supports putting this request off to September. Councilman DeVilbiss said this does not need to be referred back to P&Z; they approved a previous iteration of the project and there is no reason to think they would not approve this iteration. Councilman DeVilbiss said Council should deal with the application.

Councilman Romero said he would like a comparison between the truck loads, truck trips and construction time for the meeting September 24^th. Councilman Skadron asked for a response to the comments about community versus resort. Sarpa said it is a struggle to stay a viable resort. Sarpa said the resort and the community are one and the same. Aspen is a resort that wants to be known for energy efficiency, for affordable housing, for being different. Sarpa said in order to be different, there needs to be the economic ability to do so. Sarpa said the challenge is how to have hot beds to do all the above and maintain the community aspect.

Councilman Romero asked about the commitment to the environmental ethic, benchmarking and measuring against the benchmark and corrections. Sarpa said that is still part of the application; the ground source heat pump stays. Councilman Romero said he would like to see the most affordable housing possible; affordable housing helps the community and would also help the hotel operator. Councilman Romero stated he will support the request for additional review on September 24^th. Councilman Romero agreed this does not need to formally go back to P&Z.

Mayor Ireland said he feels the staffing guide is too low and that the guide does not count vacation and sick time. Mayor Ireland said there is still a shortfall in affordable housing units proposed, which will have to be provided by the community. Mayor Ireland said at the last meeting he found that the ski lift had to move up the hill so that the property under the lift could be sold to the lodge project across the street. Mayor Ireland said he does not feel moving the ski lift up the hill is a community benefit and may have people driving to the ski lift; it may get people off the bus and into their cars. Mayor Ireland said transportation and parking are still large, unresolved issues. Mayor Ireland agreed to hear more about this proposal.

Councilman Johnson noted the oft-quoted HVS report recommends two different zones; on mountain luxury zone with little to no free market residential and lodges further away from the mountain. Councilman Johnson agreed Aspen needs more hotel rooms and this new proposal has fewer hotel rooms. Councilman Johnson said he wants more hotel rooms, not fewer, relative to the overall size of the project. Mayor Ireland said this needs the vote of all 5 Council; it is an important decision and a lot of time has been invested in it.

Councilman DeVilbiss moved to continue Ordinance #5, Series of 2007, to September 24; seconded by Councilman Johnson. All in favor, motion carried.

Councilman Johnson moved to continue Ordinance #24, Series of 2007, to September 24; seconded by Councilman Romero. All in favor, motion carried.

ORDINANCE #34, SERIES OF 2007 – Charter Amendment Term of Mayor

Councilman Johnson moved to adopt Ordinance #34, Series of 2007, on second reading; seconded by Councilman Skadron.

Councilman Skadron said he likes the way the Charter is set up to turn over the majority of Council every two years as in the best interest of the community. Councilman Romero agreed the Charter is written to give checks and balances to the voters Councilman Romero said he would prefer to stay with the 2-year Mayor term. Councilman Johnson said a consideration is the election cycle that would not include a Mayoral candidate and what that would do to turn out. Councilman Johnson said he has no issue with putting this to the voters.

Mayor Ireland said some feedback is that during election season, business grinds to a halt and issues are not voted on. Mayor Ireland suggested a two-year Council seat and a four-year Council seat so that 3 people would always be elected. Mayor Ireland said running for Mayor in Aspen has turned into a very expensive and lengthy proposition. Jim True, counsel to Council, noted by constitutional amendment a 2-year term is limited to 3 terms and a 4-year term is limited to 2 terms. This Charter amendment might enable Mayor Ireland to 10 years in office.

Councilman DeVilbiss agreed being Mayor of Aspen requires raising a tremendous amount of money and one should not have to do that every two years. Councilman DeVilbiss said he would be willing to put this question to the voters. Mayor Ireland said he would be willing to amend the question to limiting the current Mayor in office to a 2 and a 4-year term.

Councilman Johnson moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Mayor Ireland. All in favor, motion carried.

Councilman Romero said making the election more cost efficient does not seem to be a compelling reason to change the Charter.

Mayor Ireland opened the public hearing.

Toni Kronberg said the voters should decide this issue. Ms. Kronberg said she also likes the suggestion of having a two and a four-year seat.

Mayor Ireland closed the public hearing.

Mayor Ireland said there is another chance to put this on the ballot in 2008 and suggested this not be adopted until after the instant runoff goes to the voters. Council can also have the discussion about a two-year and four-year seat. Mayor Ireland said he would like more public feedback on this issue.

Councilman Johnson withdrew his motion. Councilman Skadron withdrew his second.

RESOLUTION #63, SERIES OF 2007 – Amending Council Rules and Regulations

City Clerk Kathryn Koch told Council the major proposed amendment in the rules and regulations is to change the Council meeting from 5 p.m. on Mondays to 2 p.m. on Tuesdays. Mayor Ireland said starting Council at 2 p.m. could have issues with public participation. Councilman DeVilbiss had suggested one meeting a month just for public hearings. Councilman Skadron said he likes having Council’s work done by Tuesday. Councilman Skadron said he is concerned starting early will not cause the Council to finish any earlier resulting in really long meetings. Councilman Skadron said he would accommodate any schedule best meeting the public need and the staff’s ability to get Council the information.

Mayor Ireland recommended Tuesday Council meetings at 5 p.m. and work sessions Monday starting to 2 or 3 p.m. Councilman Johnson said he prefers the status quo. Councilman DeVilbiss said he would be comfortable changing the meeting to Tuesday so long as it starts at 5 p.m. Councilman Johnson said there are other things to consider, like Grassroots filming and the P&Z schedule. Council suggested letting this ferment for 90 days to see how getting the agenda packet earlier would work.

Councilman DeVilbiss moved to continue Resolution #63, Series of 2007, to November 12, 2007; seconded by Councilman Johnson.

Councilman Johnson moved to continue Ordinance #28, Series of 2007, 520 East Cooper, to September 10^th; Ordinance #29, 2007 – Wienerstube Subdivision to October 9^th; Ordinance #32, 2007 – Construction Management and Ordinance #33, 2007, Noise Abatement to September 4^th and Resolution #53, Series of 2007, Smuggler Affordable Housing Conceptual Review to October 22^nd.

RESOLUTION #69, SERIES OF 2007 – Hydroelectric Bond Issue

RESOLUTION #70, SERIES OF 2007 – Hydroelectric Use of Open Space

Paul Menter, finance director, told Council this is a proposed ballot measure for the November election asking the voters to vote on a bond issue for the development and construction of a hydroelectric generating facility on Castle Creek. Menter said this is proposed as a general obligation bond issue so the city can get the best possible interest rate at the lowest cost to the city. Menter said the intention is to repay the bonds from revenues generated from the electric facility rather than the taxes. Menter said the city has $240 million in general obligation bond capacity and $20 million in GO bonds outstanding.

John Hines, water department, told Council the proposed facility is 1.1 Megs and it will not make any noise. Hines said the foot print is 2962 feet and it will be within the allowed height. Hines said there will be a viewing area to enable the facility to be used for historic and education aspects. The request is for 27,000 square feet to accommodate parking on site; area for berming for any noise mitigation and changing the profile of Power Plant road. Mayor Ireland asked if there are adverse environmental impacts. Hines said the shorter the tail race, the less expensive. This will come in at an angle so there is less potential for erosion.

Councilman Romero asked if there has been input from the neighbors. Hines said the have met with the neighbors across Castle Creek. Hines said the double impulse Pelton wheel is the quietest of all turbines. Mayor Ireland suggested all property owners in the Castle Creek area should be notified of the project and invited to a meeting with staff to show diagrams and pictures. Hines said they will try and design a water feature park as part of this project with the tail race.

Councilman Johnson asked about the open space exchange. Jesse Boyce, Open Space Board, said they favor this project and will work with the city to make sure the public is not short changed in open space. The final decision will be up to Council.

Councilman Johnson moved to adopt Resolutions #69 and 70, Series of 2007, hydroelectric bond and hydroelectric open space; seconded by Councilman Skadron. All in favor, motion carried.

RESOLUTION #71, SERIES OF 2007 – City Transit Sales and Use Tax

Councilman Johnson moved to adopt Resolution #71, Series 2007, City Transit Sales and Use Tax; seconded by Councilman Romero.

Randy Ready, assistant city manager, pointed out in the sixth line “exempted for” should be “exempted from”. Councilman Johnson amended his motion to make that correction; seconded by Councilman Romero.

Toni Kronberg suggested adding “city in-town” to transit service so that voters will not think this money would go toward the entrance to Aspen. Ready said staff’s concern is that “in-town” may make service up to Mountain Valley or to the Brush Creek intercept lot against the ballot question.

Councilman Johnson moved to suspend the rules and extend the meeting to 10:20 p.m.; seconded by Councilman Romero. All in favor with the exception of Mayor Ireland, motion carried.

Councilman Skadron said he would prefer staff’s recommendation and leave it the way it is.

All in favor, motion carried.

RESOLUTON #72, SERIES OF 2007 – Property Tax Increase for Storm Water

Trish Aragon, city engineer, told Council the purpose of the storm water program is to improve water quality and to reduce the city’s impact on storm water quality and the Roaring Fork river. Ms. Aragon said 6 full time employees would provide maintenance and operation of the storm water program as well as funding for capital projects to improve water quality to the Roaring Fork river. Ms. Aragon reminded Council they have already approved a system development fee for improving the storm sewer system, strictly for storm conveyance. This portion is focused on water quality.

Ms. Aragon said the Jenny Adair facility is the first part of the storm water program. This was approved by the voters in 2005 and has been in operation for 6 months. The Jenny Adair vault has had 80 tons sediment removed from it; the constructed wetlands have removed 64 tons of sediment. This only removes a fraction of the sediment associated with discharge into the Roaring Fork river. Ms. Aragon noted the Jenny Adair facility captures 12% of the sediment discharged into the Roaring Fork. Ms. Aragon said the Roaring Fork Conservancy submitted a letter stating that storm water is the number 1 source of pollution in the Roaring Fork.

Ms. Aragon said this would be the second phase of the storm water program including constructing projects that remove the most amount of sediment as cost effectively as possible. Ms. Aragon told Council staff looked at the areas of the city generating the most amount of sediment. This includes master plans and criteria for the rest of the city. This program should reduce the sediment by 63% that is being dumped into the Roaring Fork.

Mayor Ireland asked if Pitkin County has been involved as some of the runoff comes from the county. Mayor Ireland said he would like to know the county is endorsing the plan and is taking plans to make storm water work better for the city. Mayor Ireland said he would like to know more what the subsequent phases will look like. Mayor Ireland said he would like the number of FTEs reduced. Mayor Ireland asked about a recommendation from the citizens’ committee.

Councilman Johnson agreed this does not cover all of the city; Council debated on whether to wait until there was a system to cover all the dirty ditches. Councilman Johnson said Council felt doing one section of town to see how it worked before covering the entire town would be a good way to proceed. Councilman Johnson said the majority of the citizens committee attended the work session and no objections were raised. Councilman Johnson noted many suggestions from Les Holst were included in the proposal. Councilman Johnson said he does not feel the plan can be implemented to cover the entire city without the involvement of Pitkin County. Councilman Johnson said the city decided what they were wanted to do and is ready to move forward.

Councilman DeVilbiss moved to suspend the rules and continue the meeting to 10:35 p.m.; seconded by Councilman Romero. All in favor with the exception of Mayor Ireland, motion carried.

Councilman Johnson said in his mind the issue is whether the city is going to continue to pollute the Roaring Fork river. Councilman Romero asked how the rate per square foot of the system development was arrived at. Ms. Aragon said staff looked at the capital projects that needed funding, and the amount of pervious area, the percentage that is being developed at a 4% development rate and came up with $2.88 to fund the capital projects over 15 years.

Councilman Skadron asked why 6 FTEs are required and where will they be located. Ms. Aragon said the employees will be split between parks, streets and the engineering department. Councilman Skadron said he feels this measure substantiates the Council’s commitment to prioritizing environmental stewardship, which was Council’s goal at the retreat. Councilman DeVilbiss asked how the removed sediment was measured. Ms. Aragon said 80 tons of sediment was physically removed from the vaults. Ms. Aragon said the assumption is 50% of the sediment goes into the vaults and 50% of the sediment goes into the constructed wetlands. Ms. Aragon said the performance of the wetlands is at 80%, which is 64 tons.

Councilman DeVilbiss said there is no provision for filtering runoff north of the river. Councilman DeVilbiss asked if the program could be done with fewer FTEs. Paul Menter, finance director, said there will be a set of operational responsibilities and many of the areas are being covered but not at a level to meet this plan. Hours are being augmented in street cleaning, ditch maintenance, curb and gutter maintenance to match the improvements in the capital facilities. Councilman DeVilbiss said he feels the number of FTEs will be an issue for the voters. Menter said the city staff is maxed out in the services currently being provided. Councilman Johnson said this will not be done without new employees, which is of more value, clean water or FTEs.

Councilman DeVilbiss moved to suspend the rules and extend the meeting to 10:53 p.m.; seconded by Councilman Johnson. Councilmembers Skadron, Johnson and DeVilbiss in favor; Councilman Romero and Mayor Ireland opposed. Motion carried.

Councilman DeVilbiss moved to adopt Resolution #72, Series of 2007; seconded by Councilman Johnson.

Councilman Romero pointed out there is important tax questions on the ballot and Council will have to be committed to supporting these multiple issues. Steve Barwick, city manager, noted this will be akin to a new utility and suggested he give Council comparison on FTEs and performance of the Aspen Consolidated Sanitation District. Mayor Ireland said he does not feel this is ready for the ballot; it is not clear how this works with the future. Mayor Ireland said the county should be in on this plan; there is no endorsement of letter from the Commissioners.

All in favor, with the exception of Mayor Ireland. Motion carried.

Councilman Johnson moved to adjourn at 10:50 p.m.; seconded by Councilman Skadron. All in favor, motion carried.

Kathryn S. Koch, City Clerk