· Board Appointments. 3

· Resolution #104, 2007 - Traffic Study and Transportation Plan of the Park Avenue Neighborhood 4

· Resolution #105, 2007 – State Income Tax Credit for Historic Preservation. 4

· Resolution #106, 2007 - CMAQ Grant for Flusher Truck. 4

· Resolution #107, 2007 – Reimbursement for Capital Expenditures. 4

· Minutes – November 26, 2007. 4

RESOLUTION #108, 2007 – Recognition and Consent Agreement – Isis Sublease. 4

REQUEST FOR FUNDS – Continuing Care Retirement Study. 4

FIRE HEARTH.. 5

REQUEST FOR BANNERS ON MAIN STREET LIGHT POLES – Gay Ski Week. 6

ORDINANCE #48, SERIES OF 2007 – Code Amendment Historic Preservation. 6

ORDINANCE #49, SERIES OF 2007 – GMQS Review, Christ Episcopal Church. 13

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

HEART SAVER AWARD – Mike Lyons

Cham, American Heart Association, recognized Mike Lyons who was involved in saving a life at a wedding reception, which is a wonderful thing to be able to do. Mike Lyons said it is great that the Aspen Volunteer Fire Department provides equipment to its volunteers and gives training to use AEDs. Lyons accepted the award on behalf of the fire department and told Council there were many people involved in this effort, from people at the reception, to the EMTs, to the ambulance crew and the hospital staff.

CITIZEN PARTICIPATION

1. W. R. Walton reminded Council he spoke about the snow removal process at the last Council meeting. Walton said the streets department does a great job but there are ways they could improve. One of these is to have a person walking in front of the plow to indicate where the curbs and sidewalks are so these do not get broken by the plows. Another is to have a smaller piece of equipment follow along and plow out people’s driveways. Mayor Ireland suggested Walton meet with the head of the streets department, Jerry Nye, and share his suggestions.

2. Peter Fornell proposed a parcel of land suitable for employee housing be traded to the city to develop that affordable housing in exchange for transferable credits for affordable housing. Fornell said this is not possible in the existing land use code and would take a code amendment. A code amendment can be sponsored by P&Z, Council, or a citizen. Fornell said he would like P&Z or the Council to sponsor this. Mayor Ireland said he would like a memorandum from community development department outlining the options on this idea.

3. Toni Kronberg said she has copies of Breckenridge historic guidelines and land use code amendment. Ms. Kronberg thanked Mayor Ireland for lunching at the ARC to talk about the outdoor pool.

4. Carlyle Kyser, Roaring Fork Conservancy, told Council their job is to protect the rivers and streams in the Roaring Fork watershed. Ms. Kyser presented copies of their report on the Roaring Fork and a picture of the watershed area. Ms. Kyser said she appreciates the citizens of Aspen voting to protect the Roaring Fork and the storm water project.

5. Andre Kole said when people state they are representing others in front of Council, they should list who they are representing. People should stand up and be counted themselves in front of Council.

COUNCILMEMBER COMMENTS

1. Councilman Romero echoed the acclamations for the fire department. Councilman Romero said the fire department is a great example of community spirit and what the community is about.

2. Councilman DeVilbiss said he was honored to attend a tea given by the Ritz Carlton in honor of Eve Homeyer, one of the most strong women leaders in the valley.

3. Councilman DeVilbiss thanked the community for allowing him to serve on City Council.

4. Mayor Ireland said the city continues to meet about the master planning process at the base of 1A, which could result in a better development for the area.

5. Councilman Johnson moved to add Aspen Gay and Lesbian Community Fund request to use Main Street light poles for banners to the agenda; seconded by Councilman Romero. All in favor, motion carried.

6. Mayor Ireland requested adding the fire hearth to the agenda as well as a request for funds from CCR for $6250 to fund a study on the feasibility of continuing care.

7. Mayor Ireland stated he has been talking to the BOCC chair and the Snowmass Mayor about the possibility of spending city and Snowmass budget to provide free bus service between Aspen and Snowmass to begin when the new bus lanes are opened in summer 2008. Council and Snowmass will have to look at the amount of parking available if the bus is free and the number of riders increased.

CONSENT CALENDAR

Councilman Romero said he would like to know the relationships between the Isis Retail group, the previous subtenant and this sublease. Paul Menter, finance department, reminded Council they previously approved a woman’s clothing store as a subtenant. This is a request to have Council consent to a sublease for a photo gallery. Menter reminded Council they earlier modified the deed restriction to allow a wine bar; however that is not being requested. Councilman Skadron asked if the clothing store meets the criteria for moderately priced retail. Menter said it does. Steve Barwick, city manager, pointed out another criterion is that the lessees be local. Barwick said the renter does not have to be both.

Councilman Johnson moved to approve the consent calendar as amended; seconded by Councilman DeVilbiss. The consent calendar is:

· Board Appointments

Commercial Core and Lodging Commission:

Bill Dinsmoor

Shae Singer

Terry Butler

Mark Goodman

Don Sheeley

Roger Haneman

Fred Ayarza

John Starr - alternate

· Resolution #104, 2007 - Traffic Study and Transportation Plan of the Park Avenue Neighborhood

· Resolution #105, 2007 – State Income Tax Credit for Historic Preservation

· Resolution #106, 2007 - CMAQ Grant for Flusher Truck

· Resolution #107, 2007 – Reimbursement for Capital Expenditures

· Minutes – November 26, 2007

RESOLUTION #108, 2007 – Recognition and Consent Agreement – Isis Sublease

Councilman Skadron asked if this retailer meets the spirit of the agreement negotiated with the Isis Retail Group. Paul Menter, finance department, said the city is getting a two retail solution; a clothing store and a landscape photography gallery. Menter said the latter is a more narrowly defined retail operation. Menter said this is not exactly what the city was hoping for; however, the Isis Retail Group spent months and months interviewing retailers. Councilman Skadron said he thought Council’s intentions were clear. John Worcester, city attorney, said the Council had a difficult time defining what they wanted to see in that space. The applicant came forward and argued for a more lenient definition of mid-level retail and Council concurred. Worcester said it was his impression that if the tenant were not five-star, top of the line, Council would have a difficult time turning it down. Councilman Johnson said the offer of mid-level retail was persuasive in his supporting the Isis proposal. Councilman Johnson said he is not sure a photo gallery is within the concept of mid-level retail. Mayor Ireland suggested putting this off until Council can meet with counsel.

REQUEST FOR FUNDS – Continuing Care Retirement Study

Mayor Ireland told Council he has been meeting to discuss continuing care retirement community. Mayor Ireland said in the recent housing summit, Council identified the need for a place that aging retirees in affordable housing could retire to. Mayor Ireland said the group would like to do a study of the need and the ability to finance an affordable continuing care facility in Pitkin County. The study would cost $25,000 and would be split 4 ways with Pitkin County, Aspen Valley Hospital and Aspen Medical Foundation.

Ken said they have been working for years to develop more options for seniors in Pitkin County and have interviewed companies who own or manage facilities like this. Ken told Council they found no one interested in Aspen as it does not fit their market pattern. Ken said they then interviewed companies who plan and develop facilities like this; they received two written proposals. The New Life Company proposes to do a detailed market research study to determine if there is enough interest here. Ken said the last phase would be a development phase and marketing spaces in the facility. The funding groups will vote and decide on whether they want to continue each phase. Councilman Johnson stated he can support this but would like assurance in the contract that the results belong to the City; Council agreed

Mayor Ireland moved to allocate $6250 to pay ¼ of this study and to have this added to the supplemental appropriation from general fund balance; seconded by Councilman Johnson. All in favor, motion carried.

FIRE HEARTH

Mayor Ireland said staff has given Council some alternatives about the fire hearth; leave it running while they consider alternative sources of fuel; leave it as it is and burn natural gas; shut if off and research alternatives. Mayor Ireland said he discussed with staff using biofuels or kitchen grease; it would be expensive to figure that out and it could cause a bigger carbon footprint to burn an alternative fuel. Mayor Ireland said hydropower could be used to produce heat. Mayor Ireland asked if staff has a recommendation for a fiscally sound, minimal carbon footprint alternative for the fire pit. Kim Peterson, Canary office, said the least expensive solution would be to stay with natural gas, which would require no additional costs. Ms. Peterson said the goal for the canary initiative is to reduce the emissions 30% by 2020. The fire pit is an unnecessary emission but is a community benefit.

Councilman Johnson asked about the contest for ideas for alternative ways to heat the fire pit. Ms. Peterson said the city received 6 submissions; however, none of them are technically feasible or produced a flame. Councilman Johnson asked about burning wood. Ms. Peterson said wood produces a worse carbon footprint as far as particulate matter in the air. Councilman Johnson agreed burning natural gas is an untenable position for the city. Councilman Johnson said turning it off seems like a lost opportunity. Councilman Johnson said with global warming, it is clear people will have to change their behaviors; however, one doesn’t do that overnight. Councilman Johnson said he would like an educational component at the fire hearth if the alternative is turning it off altogether or running it on a shortened schedule. Councilman Johnson said this should be an opportunity to talk about global warming and the canary initiative.

Mayor Ireland agreed there could be a display or signs about how or why the fire hearth is being run. Councilman Romero said he supports the limited hours of operation and focus on long term operations that better align with Council’s goal and with the canary initiative. Councilman Skadron agreed with limited operation. Councilman Johnson said he does not want the fire pit turned off until the city has an alternative fuel or uses the fire pit as an educational tool. Councilman Johnson said he recognizes there are social needs of this fire pit.

Councilman DeVilbiss stated he supports turning off the fire pit. Councilman DeVilbiss said the symbolism of the fire pit burning is overpowering. Buying canary tags does not make sense. Mayor Ireland agreed with Councilman DeVilbiss there is a symbolism problem of burning natural gas in open areas. Mayor Ireland said 3 Council are in favor of running the fire hearth on shortened time while Council looks at alternative. Mayor Ireland said some explanation for the fire pit is needed.

Ms. Peterson asked if the city should buy canary tags. Councilman DeVilbiss said no, that is hypocritical. Councilman Skadron agreed. Councilman Romero said the canary tag program has been adopted by the city and Council should support that program. Councilman Johnson said he does not agree with the idea of carbon offsets; these will not go far in addressing the problems of global warming. Councilman Johnson said the city has adopted the canary tags and should use it.

REQUEST FOR BANNERS ON MAIN STREET LIGHT POLES – Gay Ski Week

Mayor Ireland said the banners should be hung on the Main Street light poles, like Winternational and like Food & Wine. Mayor Ireland pointed out the city has supported Gay Ski Week for 30 years, and Food & Wine for 26. Councilman Romero agreed. Councilman DeVilbiss said he has no problems with this request as long as Council will discuss the policy early next year. Councilman Skadron agreed. Councilman Johnson said he voted against the Food and Wine request. Councilman Johnson said the policy should be looked at and stuck to.

Mayor Ireland moved to allow the banners for Gay Ski Week; seconded by Councilman DeVilbiss. All in favor, motion carried.

ORDINANCE #48, SERIES OF 2007 – Code Amendment Historic Preservation

Mayor Ireland said Councilman DeVilbiss has with staff drafted some amendments to this ordinance. Councilman DeVilbiss said the reach or Ordinance #48 should be limited to the city within the area bounded by the Roaring Fork river, Castle Creek and Aspen Mountain and all multi-family dwellings should be excluded. This would exclude areas east of town and along Cemetery Lane. The Holland House will be eliminated as it has been specifically delisted by a prior Council.

Mayor Ireland proposed a “catch and release” system for the properties remaining on the potentially historic list. Mayor Ireland explained an owner of a property could do whatever they wanted provided Council has a period of 90 days to negotiate with that property owner if HPC and Council wanted to designate that property. Council could negotiate TDRs or credits to try and convince a property owner to leave their property as a historic resource. If Council and the property owner were unable to reach an agreement in those 90 days, the property owner could go on with whatever they want to do with their property. Councilman Johnson asked what properties would be affected by “catch and release”. Mayor Ireland said catch and release would apply to all properties listed as exhibit A, when that exhibit is adopted by Council.

Mayor Ireland proposed a 5 year certificate stating that properties will not be revisited to allow the citizen/HPC process to evolve new regulations. Property owners would be able to see what regulations might be adopted before taking any action. Mayor Ireland said without a certification process, people will make modifications unnecessarily. Mayor Ireland said property owners not on whatever “potential historic structures” list Council adopts would know for 5 years they will not be put back on the list, considered for involuntary designation for 5 years. Mayor Ireland said this applies to all properties not on exhibit A, unless they are subject to the 100 year criteria. Councilman DeVilbiss said the 90 days negotiation period would not work with multi-family buildings.

Chris Bendon, community development department, noted the ordinance being discussed has “J.E.’s version” on the bottom. Bendon noted the purpose statement is the same and has not been changed. Section B, the list of potential resources has options, which will be discussed later. Section C states no properties will be added to the list during the process of evaluating the historic preservation program and for the life of Ordinance #48. Section D describes the limitation to the properties on the list; they may not submit for building permit or land use application and activities exempt from this are described; these have not changed since earlier version.

Section E, catch and release, is a new section and is entitled “90 day negotiation period in which properties identified on exhibit A can submit for a building permit, demolition permit or land use application”. The permit will be accepted and put on hold for 90 days, which period may be extended for an additional 90 days if additional time for negotiation is needed. Bendon noted during these 90 days, staff will meet with the property owner to discuss the historic preservation program and benefits. Staff meets with HPC to discuss the historic program; then staff meets with Council on the property and any proposed changes. Council can then negotiate with the property owner to reach a mutually acceptable agreement for the preservation of the property, which could result in a historic designation. Bendon said if there is no agreement between the property owner and the Council, the building permit or land use application shall start its review.

Bendon said section F allows for someone not on the list to confirm with a letter from community development department that the property is not on the list. This section is written so that the letter is not a vested right and is effective for the life of Ordinance #48. If the historic preservation program changes in the future, those properties would not be exempt from the changes.

Section G has not changed; it states HPC, Council or staff will not initiate any designation applications for the effective period of Ordinance #48. Section H is the same in prior ordinances and it describes penalties. Sections 3, 4, and 5 are the same and cover property owners, the effect on former Ordinance #30 determinations, and a description of the policy task force. Section 6 describes how documents are available in the community development department. Section 7 is the same. Section 8 is the provision that would expire Ordinance #48 after 6 months. If the ordinance expires, it reverts back to Ordinance #30.

Bendon pointed out there are 4 exhibit A’s attached to the ordinance and they are titled “city limits all”; “mountains to rivers all” “city limits no MF”; “mountains to rivers no MF”. Bendon said mountain to rivers is the old part of town from the base of Aspen Mountain to Castle Creek on the west and Roaring Fork river on the east. There are two lists, one including multi-family buildings and one excluding multi-family buildings. Bendon noted the “city limits all” is the exhibit A Council has been working with. Multi-family is defined in the land use code as anything that is 3 units or more or anything in the mixed use building. Bendon noted there are is 86 properties on the city limits all; 70 properties with the multi-family removed and 54 properties on the mountain to rivers no MF.

Councilman Romero asked about the 5 year certificate. Bendon said that is a discussion point for Council. Councilman Romero said the 90 day negotiating period commences only when a property owner on exhibit A determines they wish to do something that requires a building permit or land use application. Councilman Romero agreed with removing multi-family structures off the list. Councilman Romero said he likes the 90 days negotiating period; this will be a mechanism to enable the city to engage with the property owner on a fairer basis. Mayor Ireland said he feels the property owners in this process are both rational and of good faith. Mayor Ireland asked if Council will concentrate on JE’s version of the ordinance. Council agreed.

Councilman Johnson noted Section 8 states this will expire in 6 months unless it has been extended by Council. Councilman Johnson asked about properties under consideration if they are in the 90 day negotiation period and the ordinance expires. Bendon said property owners will be under the ordinance in effect when they apply. Bendon agreed Council should discuss Section 8 because if this ordinance is not extended, life will revert back to Ordinance #30. Councilman Johnson noted one of the exhibits proposes to remove the North of Nell; however, Council recently approved a PUD amendment to do work on that property. Amy Guthrie, community development department, said there was a condition of approval attached to the PUD amendment recognizing the property had potential historic significance so that would remain in effect. Mayor Ireland agreed instead of 6 months, this ordinance should be in effect until the citizen’s task force and Council enact code amendments.

Mayor Ireland opened the public hearing.

Pam Cunningham, Aspen Alps, thanked Council and staff for understanding the differences in the multi-family situation. Ms. Cunningham urged Council to support the lists without multi-family structures. Warren Klug, Aspen Square, speaking on behalf of his 102 owners, urged Council to delete the multi-family, multi-use buildings from the list. Klug said he understand the needs to encourage and enhance the character of Aspen; pulling multi-family structures from historic consideration would allow those structures to make needed improvements.

Bob Nix said previous comments at a public hearing on this ordinance are the subject of a law suit brought by the housing authority. Nix said he will reserve his time if he needs to comment. Hugh Wise, condominium owner at the Benedict building, noted a more appropriate boundary would be Original street rather than the river where there is historical character to be preserved. Wise said tourists do not go to the area of the Benedict building. Walt Madden, owner of historic property, said there is distrust of the process; there are inequities in the process and the poor implementation of the existing processes.

Craig Ward noted the 90 day period talks about an applicant coming forward with a full building permit or land use application. Ward said this may force someone who does not want to remodel their house or sell their house to go forward with a full application. Ward said there should be a way for a property owner to call the question. Penny Carruth noted it is not clear what the criteria will be when the negotiations are entered into with Council. Mayor Ireland said the incentives are already in the code, like TDRs and lot splits. The negotiations will be on a case by case basis. Ms. Carruth asked if there would be pre-conferences before negotiations. Mayor Ireland noted pre-application conferences have always been allowed. Mayor Ireland reiterated this ordinance only applies if a property owner really wants to do something.

Julie Melville said the process of Aspen is more about the people than about the buildings. Ms. Melville said Aspen has always been evolving forward and it would be a shame to get stuck on things that do not affect Aspen in the way it needs to be seen; Aspen is a commodity as much as it is a community. Ms. Melville said there is no specificity or guidelines to the negotiation process and those should be added. John Kelly said he is in favor of the catch and release process. Kelly agreed there should be a mechanism where a property owner does not have to come in with a full set of plans for the negotiation process. Toni Kronberg said these changes are getting away from the original intent of the ordinance. The ordinance as amended will not address the real issues of preventing development out of scale and mass.

Theresa Salvadore agreed criteria needs to be set before houses are put on any list. Ms. Salvadore said the task force should have long term residents, canary representatives, and structural engineers to help look at the structure. Junee Kirk thanked the city for attempts to preserve neighborhoods from demolition and out of character developments. Ms. Kirk read into the record a letter from Bill Stirling. Stirling pointed out his family has lived in a Victorian and lived under different iterations of historic preservation. This has paid off for all property owners; property owners have not lost value. Stirling supports Council’s foresight in showing concern for different eras and its importance to the overall history. Aspen’s history sets it apart from other ski areas. Stirling suggested Council adopt a historic district for the entire town; everyone will have a level playing field and there will be review for remodeling, new construction or demolition.

Mike Maple continued to object to this legislation. Maple said there is no community consensus on this issue or on what the intent was. Maple suggested the opening whereas be modified in that the buildings cited for the basis for adopting an emergency ordinance all had gone through HPC and Council. There was not wanton demolition but property owners who followed the process. Maple said the standard of applying for a building permit is too high a standard; there should be a lower standard for calling the question. Maple recommended this ordinance be amended with the ability to “call the question”. Maple said a 5 year certificate is critical to support this ordinance.

Marilyn Marks said Council needs to look at the timing, what it takes to put together a demolition or building permit is 4 or 5 months; one then has 90 days to negotiate with the possibility of a 90 days extension, which is almost a year. Property owners could spend two years before they can accomplish what they want on their property. Ms. Marks said this should be 90 days to have a building or demolition permit being handled concurrently to cut the time. Ms. Marks said she feels the unintended consequences will be what Council is attempting to avoid, that people will be encouraged to seek demolition permits. Ms. Marks noted the existing incentives for historic properties are pro-development, which may not be what the community wants.

Chip Freeman said the catch and release is very appropriate. Freeman asked if under Section 8 the expiration of this ordinance means it goes back to Ordinance #30. Mayor Ireland said it does. Andrew Kole suggested Council adopt an historic preservation ordinance and activate a fast track citizen’s task force to move forward. Eban Clark, representing an owner in the Alpinblick, said the distinction between multi-family and single family homes is an important one. Clark noted with a homeowners association, multi-family structures have higher protection. Clark said the catch and release is good and changes the conversation from Draconian to let’s work together to see what can be done. Clark said in this community, if people are given the opportunity to do the right thing, they will.

Cavanaugh O’Leary, Mountain Rescue, said this property is on all the lists. The land is owned by the city of Aspen but the structure is owned by Mountain Rescue. O’Leary asked that the cabin be taken off the list; Mountain Rescue can move the cabin and then the issue would be moot. Margot Gubser said her concern is that these provisions are ones that people need to be able to live with for a long time. Ms. Gubser said adoption of this ordinance should wait until the task force has deliberated and made recommendations to Council. Pierre Wille said if this ordinance is going to go away after 6 months and things will revert back to Ordinance #30 then Ordinance #30 is the issue. Pierre Wille said there are no criteria to put structures on the list. P. Wille said this does not help the community.

Jack Wilke said if the mountain to river no multi-family list is adopted, there are only 50 structures on that list. There are 2,000 buildings that could be on that list. Wilke questioned on how his property was selected. Wilke urged Council to look at the structures on that list. Andre Wille, Tyrolean Lodge, said he appreciates the work Council is doing trying to preserve Aspen. A. Wille said change is inevitable and it happens. A. Wille said if change can be moderated and Aspen can be kept a livable place that would be great. A. Wille said this ordinance seems like an attack on citizens.

Councilman DeVilbiss said he feels what Council may adopt is a reasonable step in the right direction. Mayor Ireland asked whether a permit could be processed during the 90 day negotiation period. Bendon said it could; however, the concerns are the work load and when staff reviews building permits, fees are assessed. If there were to be a negotiated agreement and the building permit is not being pursued, staff would not be in a position to assess the fees. Mayor Ireland said there could be a transfer into the building department as part of the settlement to cover the costs staff incurred.

Jerry Blumberg, McSkimming Road, said this has been a difficult process and he appreciates what Council has gone through. Blumberg said he supports Councilman DeVilbiss’s proposal. Blumberg said most of these houses have been owned by local people who have owned them for over 1/3 of a century. Blumberg said, however, this process made citizens spend time defending their property rights. Blumberg said he hopes the citizens continue to let their voices be heard by Council.

Ms. Marks said minimal changes to people’s structures, like changing a doorknob, should not have to go through building permit process. Councilman DeVilbiss noted (D) applicability states “the community development department director may exempt such other exterior alterations which are determined by the community development director to be minimally obtrusive or reversible that does not diminish the historic character of the property”. Ms. Marks said that still means a property owner has to apply to the community development department to change a doorknob. Mayor Ireland stated staff would only trigger the process if there were substantial degradation of the historic resource.

Mayor Ireland closed the public hearing.

Councilman DeVilbiss said this ordinance should not expire in 6 months but should continue until the task force completes its work. Councilman DeVilbiss said he would like Mountain to Rivers, no multi-family be the final exhibit A. Councilman Johnson said he does not like the amended ordinance as it is unfair and opposed to the community plan and the community values. Councilman Johnson stated he has never liked the idea of a list. Councilman Johnson said he will support this iteration as an interim ordinance with a code amendment to replace it in the near future.

Councilman DeVilbiss moved to adopt Ordinance #48, Series of 2007, with exhibit A mountain to river, no multi-family and Section 8 to be omitted so this ordinance expires only with the adoption of a new ordinance on completion of a task force; seconded by Mayor Ireland.

Mayor Ireland asked if the ordinance needs to be amended so that property owners can process a building permit during the 90 days negotiation period. Bendon said it does. Councilman Skadron asked what happened to the mechanism to allow a homeowner to clarify their property as a historic resource without completion of a full application. Bendon said it was Councilman DeVilbiss’s intent to replace “call the question” process with a negotiating period with property owner’s who truly intend to do something with their property and to focus on at risk properties. Councilman Skadron asked what is the impact on property owners who are not looking for alteration but simply clarification. Bendon said if their intent is to not do anything with their property, the difference is small. If the intent is demolition or redevelopment, the property owner has a chance to negotiate with the city regarding preservation.

Councilman Skadron agreed there should be resolution after 90 days and asked if there are protections that would be lost if this were extended another 90 days. Bendon said this provision would give Council more time to negotiate and the extension would be up to Council. Councilman Skadron said he would like “call the question” reinstated and he would like the additional 90 day negotiation period eliminated.

Councilman Romero asked how properties in the two existing historic districts versus properties on the potential exhibit A will deal with their structures. Amy Guthrie, community development department, told Council there are contributing and non-contributing buildings in the historic districts and they all have HPC review. A non-contributing building still has to be reviewed by staff or HPC. The difference with being on the list is that that property may have value and the conversation may be about retaining part or all of the property. Councilman Romero said triggering the 90 day negotiation period should not be such a high threshold as building permit but more like the previous language regarding a call up. Councilman Romero said he favors the 5 year no disturbance certificate. Councilman Romero agreed this ordinance should not expire in the midst of the work of the task force.

Councilman Johnson moved to suspend the rules and extend the meeting to 10:30 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried.

Councilman Romero suggested eliminating the second 90 day extension and adding this period can be extended upon the mutual consent of the property owner and the city. Councilman Skadron and Councilman Johnson agreed to that amendment. Councilman Romero said he would like a lower trigger point, more like “calling the question” rather than having to file for a building permit or land use application. Mayor Ireland said Council has been repeatedly assured that homeowners are not planning to do anything with their properties and their concerns are they want a review. Councilman Johnson said he could support concurrent review but cannot support going back to a lower trigger point. Councilman DeVilbiss said he does support shortening an extension from 90 days to 30 or 45 days.

Councilman DeVilbiss and Mayor Ireland accept a 30 day extension as part of the motion. Councilman DeVilbiss and Mayor Ireland accept the concurrent processing as part of the motion.

Councilman DeVilbiss does not agree with amending the ordinance to adding back in a “call the question” provision. Councilman Skadron said he could support that. Councilman Romero said he feels this gives a cooling off period so that there will not be a rush of property owners trying to obtain demolition or major alteration permits. Councilman Johnson noted there will be a task force and at the end of that time, Council will be enacting another ordinance, which should have as much effect as possible.

Bendon said while the task force is doing its work, it may recommend a historic district for the mountain to rivers area. Bendon said if people are receiving 5 year certificates during that time, it would result in a patchwork of different review standards and sets of guidelines. Councilman Skadron said he could support calling the question as an added protection for the homeowner.

Mayor Ireland said the motion and seconder has agreed to concurrent processing; have agreed to eliminate Section 8 so that Ordinance #48 expires only when there is a new code amendment on historic preservation. Mayor Ireland and Councilman DeVilbiss have agreed that the negotiation period becomes 90 days plus a 30 day extension. Mayor Ireland said any property owner whose structure is 30 to 40 years old would have a year of certification after the adoption of the new ordinance and that exhibit A is no MF mountain to rivers.

Councilman Romero said he appreciates work of Council and the compromises to get to this point. Councilman Romero said this will put the work back into the hands of the citizens and the task force. Councilman Skadron agreed this is a compromise and he recognized community development department’s help in getting to this point. Councilman DeVilbiss said he worked with staff on amendments that could get this ordinance adopted and this process moving forward. Mayor Ireland said he appreciates the dedication of staff in trying to reach resolution on this issue.

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

ORDINANCE #49, SERIES OF 2007 – GMQS Review, Christ Episcopal Church

Councilman Romero and Councilman Johnson are recused due to a conflict of interest.

Sara Adams, community development department, told Council this is located in the west end at 536 North street in the R-6 zone. The proposal is to increase the existing square footage of 7,118 square feet to 9100 square feet. The reasons for the increase are to increase energy efficiency, compliance with the building code, improve accessibility, and to improve the functions of the church. The building has not been updated since 1970’s and is inadequate for the existing programs. The church is not proposing to increase its programs. P&Z granted variances for setback and site coverage and established parking requirements through special review and approved a conditional use amendment for the increased square footage. The church is an allowed conditional use in the R-6 zone. P&Z recommended growth management approval by a vote of 4 to 1.

Ms. Adams said this growth management review focuses on the development’s role as an essential public facility, serving the general public and the needs of the community. Ms. Adams stated staff finds this application meets the criteria, which is listed in exhibit A. Ms. Adams noted this is a proposed one-story addition rather than two stories. The building is broken into modules. There is a barrel vaulted structure, which was designed by an architect from Chicago. This building is on the list of potentially historic structures. The architect is complying with the design guidelines in terms of the AACP for design quality and historic preservation. The building is located in the west end; there is RFTA shuttle; there is on site parking. The proposal meets the applicable review criteria.

Mayor Ireland asked the allowable FAR in the R-6 zone district. Ms Adams said because this is a conditional use, there is not an underlying FAR. Two detached dwellings on a 15,599 square foot lots, one could have 4,470 square feet of FAR. The minimum lot size in R-6 is 6,000 square feet, which could have 3,240 square feet. The FAR schedule in R-6 does not accommodate larger lots. Mayor Ireland asked the maximum height. Ms. Adams said the height allowed in R-6 is 25 feet. Gilbert Sanchez, architect, said the existing church is 19’11” and the proposed addition is 18’ on the front. Mayor Ireland asked if the essential public facility was automatic or through review. Ms. Adams said there is a precedent for churches to be reviewed as an essential public facilities; the Jewish Center was reviewed as an essential public facility. The community development director makes the determination if something is an essential public facility.

Councilman Skadron asked why P&Z member Dylan Johns dissented in the vote. Ms. Adams said Johns had some issues with the setback that would be granted and whether there was a hardship for the addition. Father Bruce McNab, applicant, presented a list of activities sponsored by or in Christ Church. Councilman Skadron said the services provided by Christ Church are essential; the facilities itself is not essential to provide those services, like a fire station. Chris Bendon, community development department, noted the city’s GMQS reviews residential, lodging and commercial developments; these go to P&Z for granting of allotments. Bendon said Council reviews essential public facilities, where Council looks at these on a case by case basis. Bendon told Council the city has treated churches as essential public facilities as they are not residential, lodge or commercial operations. The Jewish Center was reviewed as an essential public facility in the last year. Bendon said this gives Council flexibility to review and to suit the circumstances.

Mayor Ireland opened the public hearing.

Janice Collins, adjacent neighbor, presented a letter of support for the Falender letter from neighbors. Ms. Collins said the proposed expansion of the church is not compatible with the neighborhood. This church is over 40 years old and has not been historically designated. Ms. Collins said the church and rectory are beyond the scale of the permitted uses in the R-6 residential neighborhood. Ms. Collins said the neighbors feel this is a residential area and the Aspen Area community plan requires a project be in keeping with the neighborhood. This expansion is not in keeping with the neighborhood. Ms. Collins noted the proposed expansion is twice as big as the FAR allows with twice as much site coverage. Ms. Collins said Christ Church has only 90 members and does not require this expansion and the project should be cut back. Ms. Collins said this will set a precedent for future religious applications. Ms. Collins noted this area is severely impacted with traffic and parking Harris Hall, Paepcke auditorium, the physics center and the new Doerr Hosier building. Ms. Collins pointed out there is no on site parking and nothing to address the parking requirements. Ms. Collins said although they are not opposed to some expansion, this project is too big. Mayor Ireland asked if it is the uses or the size that is objectionable. Ms. Collins said she does not object to the present uses but is concerned about the size of this expansion. Mayor Ireland asked if this is visually intrusive. Ms. Collins said that is not the issue; the issue is that this is not following the code.

Mayor Ireland asked the size of the rectory. Gilbert Sanchez, representing the applicant, said the rectory is 5,792 square feet with an FAR of 4,170 square feet. Mayor Ireland noted the parking is not related to the church but is driven by activities to the north. Mayor Ireland said this is a great argument for paid parking in this neighborhood.

Susan Horsey, Christ Church, pointed out there is an existing building between the church and the rectory. It is proposed to be made larger to meet safety and building codes. Ms. Horsey said the impact of the addition is not notably bigger. Ms. Adams pointed out the existing barrel-vaulted church, which is proposed to be extended to the north. The proposal is to demolish the addition and rebuild it.

Warren Klug, Christ Church, said the church is an essential public facility by use and by experience as well as by determination by the community development director. Klug noted the neighborhood includes the music tent and parking lot, the Boetcher center, Harris Hall, the church and residences. Klug said a neighborhood church is appropriate for an area like this. Klug pointed out there is a tree on site, determined to be a special tree, which cannot be taken down and which constrains the design of the addition. Klug said both accessibility and safety are an issue in the expansion. The church needs to add an elevator for accessibility; the bathrooms are on the lower level.

Steve Falender said the neighbors agree the church provides important community services as well as church services. That is not an issue. Falender said he feels this is a residential neighborhood and does not disagree that the church has a place in the neighborhood. Falender said the increase in lot coverage does require a variance and is part of this application. The increase in lot coverage is not allowed because of the special use. Falender said if the church needs extra space to make it more efficient and accessible is understandable. Falender said there is no correlation between those goals and the actual size of this expansion. Falender said the church should fit on the lot within the established lot lines. Falender questioned the expansion into the rear yard setback and questioned why the building has to be as wide as proposed. Falender said the church has stated because of a federal statute, they can make the building as big as they want. Falender said as a part of the federal statute, it is not permissible for the city to discriminate against churches but among various religious institutions. Granting this request would set a precedent. Falender said it is important that the community has rules and that proposals follow those rules. Falender said the church is claiming privileges beyond those rules.

Mayor Ireland closed the public hearing.

Mayor Ireland asked why more space is needed if the congregation and uses are to remain the same. Sanchez said the church is trying to provide an ADA accessible building and some spaces increase dramatically to accommodate that requirement. Sanchez noted for instance there is an 83% increase in the size of the bathroom to meet ADA requirements. Sanchez said the proposal is trying to provide a better use of the space and provide emergency egress with an 8’ corridor. Sanchez pointed out there is 1350 square feet added to meet the ADA requirement including an elevator.

Councilman DeVilbiss asked if the basement area is going to be enlarged. Sanchez said the basement will be increased under the new space. Sanchez said this a 26% increase in square footage; 3,000 square feet is being added and almost half of that is ADA and egress requirements. Three programs are being added; additional meeting space, music room for choir or musician to warm up without disturbing services; and additional storage. Councilman DeVilbiss asked the square footage of the existing basement. Sanchez said the existing basement is 2,700 square feet and when finished, the gross square footage will be 4,434 square feet. The existing first floor is 2,862 square feet and when finished, the gross square footage will be 4,625 square feet.

Mayor Ireland asked if the church would agree to no further square footage on the property. Rhonda Basil, representing the church, told Council the church could not anticipate its future needs of the religious purposes. Father McNab said he cannot bind his successors in office; however, there is no increase anticipated. Father McNab said for himself, he could agree to no further expansion. Mayor Ireland said he understands the issues about parking in the area. There is institutional growth going on that is not taking care of its own parking. Mayor Ireland said he would like Council to regulate parking in residential neighborhoods. Mayor Ireland pointed out this is a 19’ tall building in a neighborhood where buildings exceeds 19’. Mayor Ireland said it appears this application is trying to be sensitive to the neighborhood.

Councilman Skadron asked about the numbers quoted in a letter from the neighbors. Sanchez said those number were taken from the church’s application. Councilman Skadron asked how the applicants can state the project is compatible with the neighborhood. Sanchez said the FAR is inflated compared to other projects because the basement space is 4’ up off the ground so a larger percentage of the basement counts toward the FAR even though it is not contributing to the mass of the volume. The FAR looks larger than the actual impact. Councilman DeVilbiss asked what percentage that is. Sanchez said that is about 55% of the basement counting toward the FAR, there is a 55% exposure around the perimeter of the building. The first floor FAR would measure 4,525 square feet and the lower level FAR would measure 1,684 square feet toward the total FAR. Ms. Adams noted P&Z granted a conditional use amendment permitting the increase in square footage.

Councilman Skadron asked if the applicant’s intention is to add more uses beyond what already takes place at Christ Episcopal Church. Father McNab said this proposal for increased building size is to facilitate programs and activities that are already going on at the church. Currently there are space and access conflicts. Councilman Skadron asked if this project would generate more employees. Ms. Adams said it does not.

Councilman DeVilbiss said he needs time to consider this application because of the neighborhood opposition.

Councilman DeVilbiss moved to suspend the rules and extend the meeting to 11:15 p.m.; seconded by Mayor Ireland. All in favor, motion carried.

Sanchez said he feels this proposal complies with the HPC guidelines, which consider mass, scale and appropriateness of context with the neighborhood. Sanchez noted the proposed footprint of this building is not dissimilar from some of the houses in the west end nor is the relationship between open space and built space. Sanchez noted there is a 5’setback approved by P&Z. Councilman DeVilbiss asked if the alley could be added to the neighborhood context drawing. Sanchez pointed out existing encroachments into the right-of-way not just the setback in the alley. Sanchez noted the height of the addition on the back of the lot is 12-1/2’ and is 15’ at the front. It is designed to slope to minimize the impact on the neighbors. Father McNab said the definition of neighbor in the religious context is not just a contiguous neighbor but anyone who needs what the church can give. The goal of this project is to be to provide what people in the community need.

Councilman DeVilbiss moved to continue Ordinance #49, Series of 2007, to January 14, 2008; seconded by Councilman Skadron. All in favor, motion carried.

Councilman Skadron moved to continue the meeting to December 11^th at 4 p.m; seconded by Councilman DeVilbiss. All in favor, motion carried. Council left Chambers at 11:20 p.m.

Kathryn S. Koch, City Clerk