· Resolution
#57, 2007 – Contract to Purchase Remaining Wilkinson Parcels
· Resolution
#58, 2007 – Contract Water Department Vehicle
· Resolution
#50, 2007 – Cinema Services Contract
· Resolution
#60, 2007 – Burlingame Housing Subsidies
RESOLUTION
#56, 2007 – Contract to Purchase 802 West Main
RESOLUTION
#59, 2007 – Contract Resurface Iselin Tennis Courts
ORDINANCE
#31, SERIES OF 2007 – Open Space and Trails Board
ORDINANCE
#5, SERIES OF 2007 – Lodge at Aspen Mountain
Mayor
1. Bill Wiener
presented a proposed resolution for Council to consider adopting requiring
flags fly at half mast as long as
2. Si Coleman
told Council Telluride and other community have adopted resolutions to be sent
to
3.
4. W. R. Walton
told Council he lives in a refurbished historic house in the commercial
core. Walton said there used to be
Victorian houses all around his house and now there are only 3 left. Walton said it is unconscionable what is
happening in the city losing the sense of community. Walton said the review of potential historic
structures is long overdue; it should have been enacted 30 years ago. Walton stated
5. Neil Siegel brought up Ordinance #30 and the issue of governance. Siegel stated an emergency by definition would require both a defined set of circumstances and a resulting state in the need for immediate action. Siegel agreed there is pressure on residential properties but the critical issue is what now necessitated the emergency state of affairs. Siegel said this action was based on supposition and potential fears. Council did not do its homework. To enact legislation and then backfill it with gut feeling as justification is improper. The power to enacting emergency legislation is that these be sparingly used and reserved for exceptional circumstances. Siegel suggested Ordinance #30 be rescinded and any legislation be revisited in a more open and objective way.
6. Bob Cook said he has a problem with Ordinance 30 and he does not think there was an emergency. Cook said this was a rush to judgment and the public was not given enough time to respond. Cook said the 30 year limit was arbitrary and subjective. The ordinance needs to be fair to everyone and perhaps it should apply to the entire city.
7. Jack Wilke stated he is opposed to Ordinance #30 and he does not understand the 30 year review nor does he understand the emergency nature of the ordinance. Wilke said it seems that the burden is on the homeowners to prove they should not be on the list. Wilke asked Council to think about adding institutional buildings to the list. Wilke noted none of the property owners were given official notice and only heard of this from neighbors.
8. Bruce Berger commended Council for passing an ordinance to protect buildings that are of historic value to the community. This action shows commitment to the continuity and to a sense of community.
9. Lindsay
Smith requested a “Stop for Pedestrians” on
10. Craig Ripley
told Council he did the brick work and the windows on City Hall. City Hall has grace and is part of the
community. Ripley said
11. Les Holst told Council he is in agreement with the proposed resolution on flying the flags at half mast and on impeachment. Holst commended Council for enacting Ordinance #30. Holst stated this is an emergency; the town is being lost faster than one can imagine. Lost buildings cannot be reclaimed or brought back. Holst said citizens do not understand the value of historic preservation to the community and to citizens.
12. Mike Maple stated Ordinance #30 is about community – about the destruction of community. Maple said the affordable housing program only takes care of a small portion of the community. Maple said many houses older than 30 years are not essential to the community character. Maple said he feels this ordinance will accelerate the demise of the community; a community is people, not buildings. Maple noted it has been said that historic designation does not denigrate the value of structures. If that is true, the city should buy houses, designate them and sell them on the free market.
13. Junee Kirk
said
14. Andrew Kole said last week the community development department had an informational meeting on Ordinance #30. Kole noted the meeting was contentious and perhaps some of Council should have attended. Kole said he does not feel Council always hears what the audience has to say. Kole said he would like to see Council rescind the ordinance and go through the proper legislative channels.
15. Maggie DeWolfe said she received a reverse 911 call this morning. Ms. DeWolfe said these calls should be more explanatory, like adding a description of the person being sought. Ms. DeWolfe said a reverse 911 call letting people know the situation is over or cleared up would also be helpful.
16. Toni Kronberg
thanked Council for approving free bus service between Brush Creek and
17. Marilyn Marks
said some citizens feel Ordinance #30 goes way too far. Ms. Marks said citizens cannot be supportive
of the way this ordinance was adopted; the lack of input, the lack of expertise
and the disingenuous use of the emergency powers when no emergency was
demonstrated. Ms. Marks said most
citizens have an opinion on good governance and in the interest of good
governance, Council should rescind Ordinance #30 and have a public process for
the historic preservation efforts in
Councilman Skadron said he agrees with historic preservation; however, the issue here is process. Councilman Skadron stated he does not believe Council should invoke an emergency ordinance unless it is absolutely necessary. Councilman Skadron said he voted in favor of Ordinance #30 on the suggestion that is passage was necessary to prevent a rash of demolition applications. Councilman Skadron said the city created the emergency. Councilman Skadron stated he believes in the content of what was adopted, that historic resources should be preserved; however, the process to get there was not appropriate.
Councilman Skadron moved to reconsider Ordinance #30, Series of 2007; seconded by Councilman Romero.
Councilman Romero said the public feedback has been
consistent both that the goal of the ordinance is well placed and that the
process was not well received. The
public process needs to allow the public to be educated, to become aware, and to
have some input. Councilman Romero said
he feels that everybody should have an opportunity of input and he supports
reconsideration so that the public will have time to give public input. Councilman DeVilbiss asked how long the typical
code amendment process takes.
Councilman DeVilbiss stated he has given this issue a lot of consideration and he does not see the harm in enacting this legislation. Councilman DeVilbiss stated Council will work and adjust the ordinance. Councilman Johnson asked if any protections for the structures that might be considered for historic designation are proposed to be put in place. Councilman Romero asked what proposed structures or what proposed list of structures to be preserved is there. Councilman Romero said there has been a build up of definition of buildings that fit this era of structures. Councilman Romero noted applying for a demolition permit is a comprehensive effort that includes surveys and energy calculations all of which takes time. Councilman Romero said rather than go through the regular code amendment process, Council could shorten that and get the community involved and get the ordinance refined.
Councilman Johnson reported the city did research on the 30
years, and in
Mayor
Councilman Romero said staff has a list of 65 structures
that are endangered or unprotected.
Councilman Romero said the greater good may risk the actions of 10% of
the population. Councilman DeVilbiss
suggested directing community development department to start working on
amendments, to bring these back to the first meting in August. Councilman DeVilbiss stated he will vote to
leave the ordinance in place. Councilman
DeVilbiss suggested an amendment that there be a method where an owner could
file a request for determination as to whether or not one’s property was
historic rather than a request for demolition and that that determination ought
to be valid for 10 years. Mayor
Councilman Skadron and Councilman Romero in favor;
Councilman Johnson, Councilman DeVilbiss and Mayor
Council agreed to ask staff for amendments to allow request for determination and a 10 year certificate.
1. Councilman
Skadron reported he was just in
2. Councilman
Romero thanked the parks and asset management staff for the tour of
3. Mayor
Ireland said he has a request from Dylan Hoffman who has volunteered to be on
the CDPHE pollution prevention assistance committee and requested a letter of
recommendation. Mayor
4. Mayor
Ireland said he met with the Mayors of Parachute, Debeque, Glenwood Springs and
Rifle and all are very concerned about affordable housing in their communities
and the impacts from the oil shale industry.
The Mayors agree that the severance tax of 1.8% is too small to be
effective. The Mayors want their next
meeting in
5. Mayor Ireland urged all bicycle riders to wear helmets when they ride.
6. Councilman
DeVilbiss reported he attended a RFTA board meeting. New buses were purchased and RFTA is looking
at affordable housing in
7. Mayor Ireland asked about the notice for 500 West Carriage House minor development and Council has until August 11th to call up the decision.
8. Mayor
Ireland said the EOTC decided to spend $36,000 to make the bus service from
Brush Creek to
Mayor
Councilman Johnson moved to approve the consent calendar as amended; seconded by Councilman Romero. The consent calendar is:
All in favor, motion carried.
Councilman Skadron asked if there are usage figure for the
tennis courts. Tim Anderson, recreation
director, said more people play to the courts at the golf course since they
have been resurfaced. The courts at
Councilman Romero asked why the school district pulled out
of purchasing 802 West
Councilman Romero moved to approve Resolutions #56 and 59, Series of 2007; seconded by Councilman Johnson. All in favor, motion carried.
Councilman DeVilbiss moved to read Ordinance #31, Series of 2007; seconded by Councilman Romero. All in favor, motion carried.
ORDINANCE #31
(Series of 2007
AN ORDINANCE OF THE CITY COUNCIL CREATING AN OPEN SPACE AND TRAILS BOARD, DESCRIBING THE COMPOSITION, TERM AND QUALIFICATIONS OF COMMISSION MEMBERS, AND THEIR POWERS AND DUTIES
Councilman Skadron asked if the composition includes a
member who is also on the
Councilman DeVilbiss moved to adopt Ordinance #31, Series of
2007, on first reading; seconded by Councilman Romero. Roll call vote; Councilmembers Skadron, yes;
DeVilbiss, yes; Johnson, yes; Romero, yes; Mayor
Joyce Allgaier, community development department, told Council there have been some amendments since the last presentation, including the length of the deed restriction on the hotel units and the amount of affordable housing and of parking.
John Sarpa, representing the applicant, noted they have amended the deed restriction on the hotel units to remain hotel units from 35 to 99 years. Sarpa said the Council indicated they would like to see more affordable housing. The applicants have eliminated 9 parking spaces on the hotel site and added another 4 units or 5.5 employees, for a total of 20 units on site. There have been 14.25 employees, or a total of 74.25 employees added to the proposed affordable housing at Smuggler Racquet Club. Sarpa said this is more than the mitigation required.
Art Daily, representing the applicant, addressed the metro
district, the purpose of which would be to fund construction of public
improvements, like snowmelting
Sunny Vann, representing the applicant, told Council the
applicants propose a similar relocation of tenants on site as that outlined for
the
Stephen Holly, architect for the project, outlined the percentages of the floor area of the lodge project which are 9% parking; 15% back of house; 43% hotel; 26% fractional units and 7% free market units. Holly noted back of house includes security and administration.
Andy Wisnoski, architect, noted another issue was how this project will comply with the new commercial character guidelines and the materials used. Wisnoski told Council they will comply with the intent of the guidelines. Wisnoski pointed out regarding materials, the guidelines state they should convey the quality and range of materials seen historically, reduce the perceived scale of the building, enhance the visual interest of the façade, convey human scale and have proven durability within the climate. Wisnoski reminded Council the proposed architectural design is to break the building into varying architectural styles. This demonstrates that the materials and roof lines take on more of a residential-type design. Wisnoski presented a building section taken through the length of the site illustrating how the building fits into the site.
Wisnoski presented a rendering if how this building has changed as it has gone through the process from P&Z and conceptual to the current proposal. The mass of the building has been reduced. The earliest maximum height was 75’, reduced to 65’ and is currently at 55’ at its maximum point. Wisnoski noted approximately 60% of the building is below 42’. Wisnoski said the initial conceptual submittal in 2003 was for 204,500 square feet of FAR. The current proposed FAR is 175,000 square feet. There have been program changes. The hotel room count was originally 76 and it is now 80 hotel rooms. The fractional units have gone from 29 units to 21 units. The number of free market units has not changed. The affordable housing units started at 12 units on site; the current proposal is 20 units on site for 26.5 FTEs.
Wisnoski presented a site plan showing the proposed ski lift
location in relation to the proposed hotel.
Holly showed the pool deck,
Lenny Zilts, Columbia
Hospitality, told Council his company compared the proposed room sizes to comparable
hotels in
Councilman Skadron said he needs a more compelling argument
than market forces dictate hotel sizes and mix be a certain way. Sarpa said the applicants have done
everything they can to get the Council information that the size of room
proposed for the Lodge is as small as they are willing to propose. Sarpa noted Council has copies of the HVS
study, a consultant hired by the city, on the issue of how big are current
rooms; how big should the rooms sizes be for new hotels in
Councilman Skadron asked if employee generation is evaluated based on the size of the hotel rooms; do luxury suites generate more employees. Ms. Allgaier said the employee generation formula does not distinguish between the size of the rooms.
Sarpa said the applicants worked on how many employees the
project will generate. Zilts told
Council they used a figure of 72% occupancy as a stable number to work out a
staffing guide. Zilts passed out a staff
guide for the entire operation. Zilts
told Council they used industry standards, industry standards are 2 to 2.5
employees/guest room in an upscale market.
This proposal is below that industry standard to take into account efficiencies
in the building design and automated systems.
The actual number of employees generated by this project is 190 FTEs. Mayor
Vann told Council the community development department did a survey of all properties in town, commercial and lodges, and arrived at an employee generation factor of .5/lodge key. The estimates using the city’s formula is 210 employees and Zilts presented an employee count of 190. Vann said the land use code has a mitigation requirement of 60% so the number of employees housed would be less than the actual generation. The applicants are proposing to exceed the 60% requirement. Councilman Johnson stated these figures do not include the replacement housing.
Councilman Skadron asked what the community is hearing in
demand for rooms and more particularly this type of room. Bill Tomscich, Stay Aspen Snowmass, said one
can equate the supply and demand of hotel rooms in
Vann reiterated the replacement requirement is 50% of the demolished bedrooms, 50% of the units and 50% of the existing net residential area, which is 8 dwelling units, 12 bedrooms and 3861 square feet. The proposal for replacement of the Mine Dumps is 13 dwelling units, 14 bedrooms and 6,000 square feet of net leasable. Vann noted since that proposal, the number of units at the hotel has increased. If one subtracts the 13 units and the 14 bedrooms, the remaining is what is over and above that which is required to mitigate the commercial and lodge operation. The Mine Dumps has 16 dwelling units and 22 bedrooms, 7700 square feet.
Mayor
Mayor
Councilman DeVilbiss protested that the west side yard
setback is 106.2’ as a found number.
Councilman DeVilbiss said the building starts at the retaining wall,
which is by the street. Councilman
Johnson asked for numbers of units relative to the overall square footage for
the Little Nell, Jerome and
Sarpa said the location of this hotel dictates the rooms as
luxury rooms. Sarpa said the consultants
looked at how many rooms of what type can
Zilts told Council back of house is typically 22 to 25% of the square footage; this project proposes 15% back of house. Jeff Hanson, Swinerton Construction, told Council the PUD does not contemplate phasing this project. The construction management plan outlines different stages of construction. The project will run continuously to completion. Hanson said the construction management plan for the town homes is similar to the lodge CM plan; however, the logistics are different. For the townhouses all staging will be on site versus using some of the rights-of-way. Busing of construction workers has not been proposed for the townhouse project.
Hanson told Council he has done a manpower analysis on the
number of construction workers to be employed and the stages will require a
different number of workers depending on the particular construction. The first 7 months during excavation and
shoring will require 18 to 20 people; below grade structure for the next 4
months will require 20 to 30 employees.
The above grade will require 40 to 50 and will overlap with the exterior
skin and up to 90 employees. The peak
number of workers will be 130 people and then wind down over the last 4
months. The town house construction
would peak at 90 employees. Hanson told
Council it is hard to anticipate how many new jobs will be created because
throughout the construction there is a different mix of trades on site and
trades people will be drawn upon from Battlement Mesa to Eagle to the
Councilman Johnson moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Romero. All in favor, motion carried.
Hanson said the applicants have found a reclamation project
in the next county for the dirt. The
length of construction is 34 months following the start of excavation. Councilman Skadron asked where temporary
workers are housed. Hanson said they are
lodged throughout the valley. Councilman
Skadron asked how they will be coordinated.
Hanson said that is left up to the individual sub-contractor. Councilman Johnson asked about staging on the
right-of-way. Hanson showed where
outside the asphalt portion of the west side of
Sarpa noted Council questioned why gas boilers are needed
and why does
Sarpa stated the applicants are asking to build the first
new hotel in 20 years; to give some residential development for the site. Sarpa said in exchange for PUD approval, the
applicants are working on new thresholds of energy conservation. The applicants have proposed to build a new
ski lift, to snow melt
Sarpa said there will be vocational training for high school
students, to encourage students to stay or come back to aspen. Another community benefit is to pay their
employees to volunteer for non-profit events.
Another benefit proposed is World Cup Event support. Another benefit is the deed restriction that
the hotel rooms will be hotel rooms for 99 years. Sarpa said the metro district will allow
shuttle service through
Councilman Johnson asked why it is necessary to lose the
public parking on
Councilman Johnson asked if there will be a completion bond. Vann answered the PUD agreement provides financial guarantees for all the public improvements. Councilman Johnson said he wants assurance that 34 months after the first hole is dug, the finishings will be in the hotel. Sarpa said they cannot guarantee it; however, they have been at the process for 4 years and their incentive to start and complete as fast as possible is large.
Councilman Johnson asked about this being a conference hotel. Sarpa said this is not a conference center; it is a hotel with 4,000 square feet of meeting rooms. Sarpa said the letter from the ACRA was to support the need for additional meeting space. Sarpa noted additional meeting space only comes with facilities like a hotel. Councilman Johnson requested the ratio of rooms to site for the hotels the Little Nell, The St. Regis and the Hotel Jerome. Councilman Johnson also requested a chart or explanation of employee mitigation, employee generation and where people will actually live.
Councilman DeVilbiss requested specific numbers of energy
consumption for the gas boiler used to snow melt
Councilman Skadron said he would like a comparative for
energy use, like the amount of energy required to heat
Councilman Skadron asked for an example of a building that
“conveys human scale”. Wisnoski said
there are examples of urban statement in town like the Hotel Jerome, which
faces the street in a different fashion that the proposed lodge on the
mountain. The new commercial guidelines
describe development on the mountain as it relates to topography, buildings
should step with the site, have relief in how it relates to the street edges
with landscaping. Councilman Skadron
noted one vision in the AACP has to do with inclusiveness and states stratified
class systems should be foreign to
Councilman Romero asked how many fractional shares will be sold. Sarpa said they are planning on 1/8th shares. Councilman Romero asked how the current inventory of fractional units is performing in being rented. Councilman Romero asked the status of the town house project. Sarpa said they have applied for a demolition and excavation permits; demolition in August and excavation in September.
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.
Mayor
Mayor
Patrick Segal told Council he served on the Aspen Area Comprehensive Plan committee and he finds this development contrary to the AACP. Segal recommended Council cap this development at the FAR allowed. Segal urged Council to vote for what is best for the community and for the future of the community. Barbara Piper, The Little Nell, said hotel rooms should be built around families using them and 400 square feet is not really an adequate resort type room. Ms. Piper said although condominiums and fractionals provide space in resorts, hotels are more inclusive. The goal of a hotel is to fill every room every night and hotels are willing to work on the price. Many locals have stayed at the Little Nell, St. Regis or the Jerome. Hotels donate space to non-profits and to fund raisers; townhouse homeowners associations do not.
Calvin Dex said this building will not be much different in 25 years. The building is out of line and not in keeping with the sentiments expressed earlier by Council regarding the community and historic preservation.
Les Holst said he feels this is an attempt by the developers to push the envelope. Holst said timeshares have proven to be a disaster in communities; these do not provide tourist beds in a tourist community. Holst said if they want to meet code, the building would be 104,000 square feet. This project should not be allowed; it does not work in the context of community. Annie Ginsberg asked as the building goes up the slope, will it appear much taller down in the town. Sarpa went through the heights going up the hill.
Bill Heim asked if this is twice the allowable FAR. Mayor
Mayor
Wisnoski told Council the 55’ measurement is taken from grade to the highest point of the ridge. 60% of the building is below 42’ and it slopes with the site. Sarpa reminded Council they presented a truck management plan in detail. The number of trucks has been reduced. There are 254 parking spaces proposed on site in the parking garage to accommodate the hotel, retail and affordable housing needs, plus the 50 spaces replacing the on street parking, plus some parking for some adjacent property owners.
Councilman DeVilbiss stated he has asked for more information and he would like that before voting on the project. Councilman DeVilbiss stated this is a good location for a hotel. The hotel will be locally owned; the lodge rooms will be deed restricted. There is a good affordable housing ratio. A lot of work has gone into this project. Councilman DeVilbiss said he does not feel the height has been reduced very much. Councilman DeVilbiss stated he is troubled by the snowmelt, why it has to be done; the size and mass of the building is a problem. Councilman DeVilbiss said the amount of underground parking will generate car traffic. Councilman DeVilbiss agreed that land is expensive; however, the developer has owned this property for awhile and that should be figured into the equation. Councilman Skadron stated he shares the concerns of Councilman DeVilbiss.
Councilman Romero said he appreciates the response to increasing affordable housing both on site as well as at Smuggler. Councilman Romero said this is project is trying to win for the community to balance the costs by offsetting community benefits; to win for the resort, which is clear; and to win for the applicant, also. Councilman Romero said the best alternative to no agreement would be the town home project, which cannot be ignored and the community, in general, does not desire dark townhouses at the base of the mountain.
Councilman Johnson stated he supports lodging at this
site. Councilman Johnson said he sees
how both the resort wins and the applicant wins in this proposal. Councilman Johnson said the project represents
serious costs to the community with construction impacts, increased traffic,
FAR and height above the underlying zoning and unhoused employees. Councilman Johnson said he would like to know
how the soils are different on this site compared to the Smuggler Racquet
Club. Councilman Johnson agreed there
are benefits; hotels are better than townhouses. Councilman Johnson said he can see the
benefits to both the community and the resort to the deed restriction on these
rooms as hotels for 99 years. Councilman
Johnson said he cannot see the relocation of the ski lift up the mountain as a
community benefit. Councilman Johnson
agreed the lift should be brought closer into town. Councilman Johnson said there is no need to
close
Mayor
Mayor
Mayor
Councilman Skadron moved to continue Ordinance #5, 2007, Lodge at Aspen Mountain; Ordinance #24, 2007, Vacation of Dean Street; and Resolution #53, 20007, Affordable Housing at Smuggler Conceptual to August 13, 2007; seconded by Councilman Romero.
All in favor, motion carried.
Councilman DeVilbiss moved to adjourn at 11 p.m.; seconded
by Mayor
Kathryn S. Koch, City Clerk