· Resolution
#76, 2007 - 2008 CIRSA Renewal
· ARC
Advisory Committee Appointments
· Resolution
#77, 2007 – Contract LED Lighting Package for Wheeler
· Resolution
#78, 2007 – Construction Mitigation Air Quality Grant
· Minutes
– September 10, 2007
RESOLUTION
#79, 2007 – Designating Aspen Times Weekly as Legal Publication
ORDINANCE
#42, SERIES OF 2007 – 208 East Hallam TDRs
ORDINANCE
#5, SERIES OF 2007 – Lodge at Aspen Mountain PUD
Mayor
1. Shea Singer
requested Council consider neighborhood electric vehicles have the same rights
and be allowed on the road out to the airport business center and to the
employee housing areas. Mayor
2. Toni
Kronberg thanked Council and the EOTC for approving the funding for the design
and construction of the bus lanes from the Airport Business center to the
roundabout. This will help clean up the
mess along highway 82. Ms. Kronberg
suggested the new board members be trained so that their decisions are
consistent with the land use code. Mayor
3. David Cook,
publisher Aspen Daily News, told Council he would like to discuss the
resolution designating the Aspen Times as the location for the city’s legal
notices. The Daily News would like the
opportunity to save the taxpayers money.
Mayor
4. Bill Wiener
said he is impressed with the new Council and the amount of work that is being
done. Wiener said he was shocked to fine
out how grossly underpaid City Council is.
Wiener suggested Council appoint a Blue Ribbon Committee made up of
community groups to do research, look at the facts and recommend a salary. Mayor
1. Councilman Romero said last week’s commercial mix keypad meeting was successful and thanked staff for putting it together. Councilman Romero said Council received information they will need into order to discuss amendments to the commercial core mix. Councilman Romero reminded everyone of the work session Tuesday, September 25th at 5 p.m. to discuss the commercial use mix.
2. Councilman
Skadron thanked staff for their work on the housing summit and the commercial
mix meeting. Councilman Skadron
commended
3. Mayor Ireland noted he played last weekend in the Mayor’s Cup golf tournament, which was a lot of fun.
4. Mayor
Ireland said he would like Council support to make the commercial mix event at
the Jerome available to the public.
5. Mayor Ireland announced RFTA is scheduled to receive funding for 11 new 54 seat buses from a state transportation committee grant.
6. Mayor Ireland said an executive session for the purpose on considering on going litigation will be scheduled at the end of the regular agenda.
7. Councilman
DeVilbiss announced he attended the RFTA Board meeting September 13th. The major agenda items were RFTA pursuing the
bus rapid transit program; the contract to purchase employee housing in
8. Councilman
Johnson said he attended the Ruedi Water and Power Authority meeting. The Authority reviewed the draft water shed
report and discussed potential legislation regarding uncontracted water. Councilman Johnson asked if the $5000 request
for the second phase of the water shed study is in the budget.
9. Mayor Ireland
said the EOTC approved an allocation consistent with the city’s vote in May to
create bus lanes between the airport business center and Maroon Creek including
$300,000 for landscaping. Mayor
Mayor
Councilman DeVilbiss pointed out the new lights for the Wheeler will substantially reduce energy use. Councilman DeVilbiss said the CMAQ contract is to install diesel particulate filters on the city’s in-town buses. This will reduce emissions and particulate matter by 60% by cleaning up the city’s 6 non-hybrid buses. Councilman DeVilbiss said the city will have one of the cleanest bus fleets in the state.
Councilman DeVilbiss moved to adopt the consent calendar is amended; seconded by Councilman Romero. The consent calendar is:
Councilman Johnson asked how the appointments for the ARC advisory committee were advertised. Tim Anderson, recreation director, told Council they were posted at the ARC. Councilman Johnson suggested these be advertised in the newspapers like the rest of the city boards to get more general interest for the next appointments.
Mayor
Planning & Zoning – Jim DeFrancia
Dina Bloom
Stan Gibbs
Cliff Weiss
Mike Wampler - alternate
Historic Preservation – Sarah Broughton
Jay Matlin
Ann Mullins
Nora Berko, alternate
Wheeler Board of Directors – Cathy Markle
Barbara Conviser
Sarah Schultz, High School rep
Open Space & Trails Board – Philip Jeffreys, alternate
Charlie Eckhart
All in favor, motion carried.
Kathryn Koch, city clerk, explained to Council state statutes require a newspaper to have a second class mailing permit to qualify as a legal publication. Ms. Koch said in early September she was informed by the U. S. Postmaster that the Aspen Times had lost their second class mailing permit. The only newspapers in the valley that still have a second class mailing permit are the Snowmass Sun and the Rifle Telegram. Ms. Koch recommended the Aspen Times Weekly be designated as the city’s legal publication until staff can put together a bid process, which should take 6 to 8 weeks.
David Cook, publisher Aspen Daily News, told Council they
are ready to take over legal noticing immediately in order to save the
taxpayer’s money. Mayor
Councilman DeVilbiss asked if the Daily News can handle legal
publications. Cook said they are ready
to go overnight. Cook said this is not a
difficult process. Mayor
Mayor
Councilman DeVilbiss said there is no basis for
distinguishing between the two
All in favor, motion carried.
Councilman DeVilbiss moved to read Ordinance #42, Series of 2007; seconded by Councilman Skadron. All in favor, motion carried.
ORDINANCE #42
Series of 2007
AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING FIVE (5) 250 SQUARE FEET OF FLOOR AREA HISTORIC TRASNFERABLE DEVELOPMENT RIGHT CERTIFICATES FOR THE SENDING SITE OF 208 EAST HALLAM STREET, LOTS 3 AND E BLOCK 71, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY COLORADO
Sara Adams, community development department, told Council
this is a request to establish 5 transferable development rights certificates
for
Ms. Adams said this is a relief valve for development pressures on historic resources from the vicinity of the historic resource. Ms. Adams noted only certain zone districts can be the landing site for TDRs. Ms. Adams said these TDRs can sell for $250,000 each.
Councilman Johnson asked if the Frost barn and Frost house are the same parcel. Ms. Adams told Council a subdivision was approved for this site; it was not a lot split and the eligibility for a bonus and the floor area is solely for the barn parcel. Councilman Johnson said he would like to know when the subdivision was approved; it the structure on the front built out to its maximum FAR and how did the available floor area come about. Councilman Johnson requested background on how the 2648 square feet was arrived at and whether that would have been arrived at without the subdivision.
Councilman DeVilbiss noted the memorandum states the funds from the sale of TDRs may be invested back into the landmark. Councilman DeVilbiss said he assumes they may be used for other things. Ms. Adams said there is no requirement on the use of those funds. Councilman Skadron asked the location of the garage. Ms. Adams said it is within the barn and the applicants would like to convert the garage to living space, for which they received a floor area bonus. Mitch Haas, representing the applicants, told Council there was an approval for a large addition to the barn. The applicants decided to leave the barn as is and strip the development rights off the parcel. There was a garage built into the first floor and the applicants requested to convert the garage to living space, which is floor area because there is an exemption for garages. Haas told Council the TDR program has existed for about 2-1/2 years and this is the 3rd application.
Ms. Adams noted the criteria only address the sending
site. It is not known where the TDRs
will be located. Councilman Johnson
asked if historic TDRs have been sold in
Councilman DeVilbiss moved to adopt Ordinance #42, Series of
2007, on first reading and to schedule the public hearing for November 26;
seconded by Mayor
Chris Bendon, community development department, reminded Council there was a final vote on this ordinance at the August 13th meeting. The ordinance was not adopted on a 3 to 2 vote; however, the land use code requires an action be taken and not adopting an ordinance is not an action. Staff brought this back to Council at the August 27th meeting at which time Council agreed to schedule Ordinance #5 for this meeting. At the August 27th meeting, the applicant briefly outlined some proposed changes.
Bendon told Council the project has decreased from 175,000 square feet to 151,000 square feet. The lodge units have decreased from 80 hotel rooms to 73 hotel rooms. The fractional units have increased from 21 to 25. The 4 free market units have been completely eliminated. There are 20 affordable housing units on site as well as associated commercial space and parking.
Bendon reminded Council there is an approved townhouse
proposal with vested rights for this site so development will occur on this
property. There will be construction
impact along
Bendon stated the lodge project has more height than the townhouse project, although the applicants have reduced the height. The underlying zoning for lodge development allows for a higher height and a higher FAR than for multi-family development. There is one spot where the height of the proposed lodge exceeds the 42’ height limit and the height at the edges has been lowered to lessen the impact on the adjacent neighbors. Bendon said the FAR for the lodge is greater than that for the townhouses. Bendon noted there will be more activity with a lodge than with townhouses.
Bendon said the lodge has provided more affordable housing; it also has more employee generation. The townhouse project has a requirement to replace the mine dump apartments on site, which is also a requirement for the lodge. Bendon noted using the land use code employee generation rates, the lodge proposes to house 110% of employees generated. The code requires 60% of the employee be mitigated. The code does not require free market townhouses mitigate for any employee generation. Bendon said there are some energy saving advantages in the proposed lodge; there are no special performance commitment regarding energy for the townhouses. The townhouses should have a smaller energy footprint.
Bendon reminded Council the applicants committed to snow
melting
Bendon told Council staff supports this application as short term lodging at the base of the mountain. Bendon said staff does not see advantage to more townhomes in this area. Bendon entered into the record a letter in support from Lisa Hatem and an e-mail from Debbie Braun, ACRA, also in support.
Councilman Romero asked about energy savings and comparable type properties projects to be evaluated and methodology to be used seems to be somewhat vague. Councilman Romero suggested the city should look at which buildings should be “comparable type” and it should be consistent with what the building department uses post-1995, for comparables. Councilman Skadron asked if no energy conservation requirements or conditions were placed on other properties, how can 30% improvement be evaluated. Bendon said 1995 was the first time an energy code was integrated into the building regulations.
Councilman DeVilbiss asked where the applicants are
proposing to house their employees.
Bendon said there are 3 potential sites; Smuggler Racquet Club, and 2
sites at the
Mayor
Mayor
Mayor
John Sarpa, Centurion Partners, told Council they have been in this process for 4 years and feel comfortable with this project. Sarpa said since the last meeting with Council, the applicants have contracted land for affordable housing as well as come up with creative financing on how to be able to give 100% affordable housing. Sarpa stated there is a 24,000 square foot reduction in size from the previous presentation. There is an 8 to 10’ reduction in height from the south end. This decrease came from eliminating the 4 free market condominiums or a reduction of 13,800 square feet of floor area. The number of fractional units was increased from 21 units to 25 units, which added 6,200 square feet for a net reduction of the sellable area of 7,600 square feet.
The number of hotel units is 73. Sarpa noted at one point in the process there were 30% suites and 70% standard rooms; 24 suites and 56 standard rooms. Sarpa said they now propose 63 standard rooms and 10 suites or 86% standard rooms. The applicants propose more and smaller standard rooms. The standard rooms are an average of 507 square feet down from 527 square feet. The total reduction in the hotel area is 10,175 square feet. The commercial areas have been reduced by 6,200 square feet. Sarpa said the building has been pulled in, which increases the setbacks. Sarpa noted the garage has been reduced by 30 parking spaces and ½ level.
Sarpa said at a previous meeting, the applicants indicated there would be 7,557 truck trips. There will be fewer truck trips in the reduced lodge than in the proposed townhome project. Jeff Hanson, Swinterton Builders, said the below grade areas have been reduced in the amount of cut; the footprints below grade have been reduced. The low grade portions have moved down hill so there is less of an impact with the cut. Councilman Johnson asked if the applicant had drawings to show the reduced footprint of truck loads. Sarpa said they do not have underground sections for this reduced proposal.
Sarpa told Council approval of this project will fund a new
lift which is separate from any other project.
If Council approves this project, there will be funding for a new
lift. The location is a separate
approval. There is an application in
front of the city for a project to the east which has a suggested location for
the lift. This project will have to go
through the public process. If the lift
location is not approved as part of the land use to the east, the Ski Company
will have to apply for approval as required in their master plan. The city has the authority on where the lift
gets located. Dave Corbin, Aspen Skiing
Company, told Council they do not have an application for the lift pending
before the city. An application for the
Lift One Lodge is at P&Z. Corbin
said in the Ski Company master plan of 1998, the county approval conditioned
applications for a lift in the
Bill Poss, architect, showed the two-story building at the upper south end and 3 stories across the rest of the project. The rendering shows the reduced height and that the height is in keeping with surrounding projects. There are 3 portions of the project, the courtyard is setback 80 to 100’ to try and reduce the scale of the project. Councilman Johnson asked if there are drawings to show the project from the very first iteration. Sarpa said they do not. Councilman Johnson asked how high it was in the first presentation. Sarpa said it was 72’ to the cupola. Councilman DeVilbiss asked if the connection between the buildings has been eliminated. Poss showed where the bridge that connects the buildings is; it is 160’ back.
Councilman Skadron asked where the 84,000 square feet of townhouse would be superimposed on the drawing. Sunny Vann, representing the applicants, said they do not have a drawing illustrating that. The eastern end of lower site has townhouses with the affordable housing at the western edge. The project covers the entire site. Councilman Skadron asked the height of the townhouses. Bendon said it is 25’ to the midpoint of the peaked roof. The free market units are based on reconstruction credits so there is no affordable housing required. Vann said during the approval process for the townhouses, they discussed changing the dimensional requirements in the lodge district and the applicants used the proposed dimensions to develop the initial project. The applicants requested variations under the PUD process to accommodate the height and the FAR. The subsequent changes to the code allowed a greater FAR of 2:1 and a height of 42’.
The project has been in the city process for a number of reasons, the largest one is the city process itself, scheduling and getting on agendas. During this time, the project was designed, redesigned and getting on different Board agendas. Sarpa told Council a lot of time was spent with the surrounding property owners, making design changes to address their concerns and to get their support. Vann noted after conceptual approval, the applicants spent a lot of time reworking the project to address Council’s concerns and those of the adjacent property owners and still have a viable project. Sarpa noted the applicants worked with 5 condominium associations going over each set of concerns.
Sarpa told Council the applicants have worked hard on where
affordable housing can be located. Sarpa
said the Smuggler Racquet Club land is under contract for affordable housing in
the city limits. Sarpa told Council the
applicants have recently put 2.6 acres at the
Rick Price, CapMark, told Council his company looked at the entire affordable housing, rental and purchase, and tried to maximize the percentage of rental units. CapMark finance is an international company, a successor to GMAC commercial mortgage and is the number 1 affordable housing lender in the country. Price said the Colorado Finance Housing Agency has established a priority for resort community employee housing. Price said equity can be raised by the sale of low income housing tax credits. Price said the community would not be spending any money out of the housing fund to support this project. The money comes from outside the community; private investors. It is not a state tax program; it is a self sustaining program and one can borrow below market interest rates.
Sarpa committed to 100% affordable housing for this project to 170 employees or whatever the audit shows. There will be a mix of for sale and rental units. The applicants have the land under contract. Sarpa stated if there were excess capacity, the applicants may have housing left over and would invite the city to team up with the applicants. Sarpa pointed out the lodge has gotten smaller. Sarpa said this project has presented an exceptional construction management place. Sarpa stated this site is appropriate for lodging and this is an exceptional hotel.
Councilman DeVilbiss asked what the statement that land is under contract means and would the contracts be available to Council. Sarpa said he would get copies for Council. Councilman DeVilbiss asked how the affordable housing audit works. Sarpa said they have committed to having the affordable housing available and ready prior to moving into the hotel. Sarpa said after 3 years of operation when the operation has become stable and predictable, an audit will be performed. If there is a shortfall in housing, the applicants will be required to provide more housing.
Councilman Skadron asked staff for clarification on the allowable square footage if this were not a PUD. Bendon said this property is over 100,000 square feet and there is a 2:1 FAR in the lodge zone so one could build 200,000 square feet. In a PUD process, FAR is one of the dimensions that is worked out. This applicant is not using the PUD to vary the FAR but for height and other issues. Timeshare requires PUD review. Bendon told Council this zone has two provisions; one is for lodge which is a high development right, and a lower development right for multi-family housing. Bendon reminded Council there is an existing approval based on the old zoning. Councilman Skadron said one critical issue about this proposal is the size, which is 151,000 square feet and it seems that would be allowed under the zoning. Bendon noted there are setback and height variations being asked for. This property is zoned with a PUD overlay so an applicant has to go through a PUD process to establish the entitlements for the property. Councilman Skadron asked if the project is too big for the property. Bendon opined it is not; there are trade offs; it is a large project. Staff feels it is appropriately sized for the parcel.
Councilman Skadron asked why an outside funding source is now needed for the applicants. Sarpa said it is in order to go to 100% affordable housing. Sarpa said their original project planned on 60% affordable housing. Sarpa said there is a benefit to the applicant of being able to house more of their employees. Councilman Romero said Council was told this project was 1.87:1 FAR when it was 175,000 square feet. Bendon told Council this project has been in review for 4 years. When the project started the FAR was 1:1 no matter the proposed use. The townhome project met the 1:1 FAR at 84,000 square feet. Bendon said during that time, Council and staff agreed there should be a difference in FAR depending on use in the lodge district. The city wanted to encourage lodges and discourage town houses. The FAR for lodges was increased to 2:1 and decreased for multi-family to .25:1.
The Lodge was submitted at the 1:1 FAR. Applicants are allowed to rely on rules in
existence at the time of submittal. The
question is what is the FAR now and what is being proposed. Mayor
Councilman Romero asked if either of the proposed sites for
affordable housing would satisfy the entire 100% mitigation. Sarpa said the AABC could with 2.6 acres but
it has not been zoned for affordable housing.
Mayor
Art Daily, representing the applicants, noted the real
estate contracts for the affordable housing sites, have a confidentiality
clause. However, in order to satisfy
Council about the legitimacy of the contracts, they are being presented to
Council. Mayor
Mayor
Mayor
David Missner stated
he favors this project and hopes Council approves. Marcia Goshorn said this used to be a lodge
district. The 100% housing is to the
community’s benefit and there is other housing at the airport business
center. Bill Pope said he feels this is
about scale.
Hugh Glickstein,
Timberridge, told Council this is a unique piece of property; it is close to
the commercial core and is large. This
parcel deserves to have something special done with it. Glickstein said the townhomes will be dark
and empty.
Councilman Johnson
moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Mayor
Dwight Shellman
questioned allowing any developer to externalize their affordable housing to
the middle of the main choke point of traffic in the county. Shellman noted the Council is dealing with
one of two lift entries to the ski mountain.
Shellman said the city should complete a master plan for lift one area
and until that is complete, this application should be denied. Bill Heim stated he is opposed to the overall
size and bulk. The setback from the road
is good; however, it is blocking the view of the mountain. Heim said the number of truck loads for
construction will be huge.
Guy Noble,
Timberridge, urged Council to endorse this project and to let it go
forward. David Evans, hotel operator,
stated they are not 100% occupied during the year. This hotel will generate more traffic than
the townhouses and congestion will spill out throughout the neighborhood. Bill Tomcich, Stay Aspen Snowmass, said a lot
of energy has gone into this project from the public, the developer and the
Council. This process has made the
project the best it can be. Tomcich said
he hopes Council approves it.
Alexandra Kane,
Timberridge Board of Directors, told Council they support this project and
found the developers very thoughtful in working with the neighbors. Joe Quigley said Council should not put aside
the collective wisdom of the community who has worked on zoning codes to keep
the town vital. Quigley said the
community benefits presented by the developers have not been agreed upon on by
the community. Quigley noted it is
continually asserted that
David Schoenberg said
there is vagueness about this application; that staff has not used their own
specifications to bring the number forward.
Schoenberg said there is ambiguity in this project. Schoenberg said Council should deny this
project and allow the townhomes to be built.
Ray Koenig said this project transcends the neighborhood and affects the
whole town. Koenig said the town is only
full about 10 weeks/year. Koenig said
Council should decide what is going on and then evaluate the process and decide
whether to approve something this large.
Lindsay Smith asked if
someone has reneged on their affordable housing commitments and is this
something the community should know about.
Junee Kirk said she has never seen so much development occurring. Ms. Kirk said the Aspen Ski Company numbers
show skiing up, yet the beds are down.
Ms. Kirk said all the approved lodges have not yet been built and the
community has yet to feel the affects. Ms. Kirk said this project is twice is large
as the townhouses. This is too
massive. Phyllis Bronson said she loves
1A the way it is. Ms. Bronson said the
hotel guests will probably not use 1A and will want to be transported to the
gondola. Ms. Bronson said the fabric of
Jesse Boyce agreed
this part of town is too important to develop without a master plan. The community needs to sit back before
anything is built. Doug Allen,
representing Lift One condominiums, stated they are in favor of this project. It is the right project at the right time in
the right place. This area is zoned for
a lodge; the size of the project has been diminished. Kirsten Morgan,
Charles Wolfe said
this is an excellent project; it is below the allowable FAR with 100%
affordable housing mitigation. Wolfe
said hotel rooms should be located close to the mountain. This project will improve the
neighborhood. Patrick Segal said the
dark townhouse argument is specious. The
hotel is a good idea but this project is too massive. The parking should be reduced by 100
spaces. Gail Morgan,
Bob Langley said this
project proposes hot beds. There are two
options; the townhouses or a hotel.
Toni Kronberg said she
supports this project. One cannot see it
from town; the project does not impact the views. The hotel will be in scale and
character. Ms. Kronberg said she hopes
Council decides what is best for the community, lodge rooms or town houses. Bob Grueter stated no one wants to see Aspen
change; however, it would be great to see that west side of
Councilman DeVilbiss
moved to suspend the rules and extend the meeting to 10:30 p.m.; seconded by
Mayor
Bill Wiener stated
this is not just a hotel; there are at least 3 projects in this area, 2 hotels
and the lift. They should be looked at
collectively. The ski lift will cause
bus and limo traffic to this area that may be in conflict with the traffic to
the hotel. Wiener asked if the
applicants would do a 99 year guarantee for the meeting room space to remain
meeting room space as they propose with the hotel rooms.
Mayor
Sarpa submitted to
Council two contracts for purchase of property.
Councilman Skadron asked about any master plan efforts for this
area. Bendon noted about 7 years ago
staff set up with the property owners and the Ski Company. The property owners decided not to pursue a
master plan. The city was interested
only if the property owners were willing participants. Mayor
Councilman DeVilbiss
agreed a hotel belongs on this site and a lot of work has been done on this
project. Councilman DeVilbiss said it
has been represented to the Council that the floor area of the project exceeded
that permitted by the underlying zoning and was surprised to hear the
underlying zoning would allow more FAR.
Councilman DeVilbiss said although the building has been reduced, it is
still large. Councilman DeVilbiss said
some of the underground parking is proposed to be sold, which is a traffic
generator. Councilman DeVilbiss stated
there is no guarantee that the 100% affordable housing will ever be built. Councilman DeVilbiss said the energy
conservation and ground source heat pumps are a positive. The applicant has worked to make the project
smaller.
Councilman Skadron
said he saw this project at P&Z and felt it was an exceptional project
according to the criteria by which P&Z measures all projects. Councilman Skadron noted the goals in the
Aspen Area Community Plan clash.
Councilman Skadron said he has to prioritize the values and goals and he
is prioritizing inclusiveness and vitality.
Councilman Skadron said the Lodge at
Councilman Johnson
pointed out he stated on the record he wanted more hotel rooms and this
proposal has fewer. Councilman Romero
said there are ambiguities in life.
Councilman Romero said he looks at whether this project is setting an
example for the community. Councilman
Romero said this project hits exceptional in environmental ethic with the
performance system and measurement as well as checks and balances. Councilman Romero said the AACP states the
city should look for exceptional projects to fill the final development
sites. Councilman Romero said the 99
year deed restriction on hotel rooms is unprecedented and will help against the
loss of lodge rooms. This helps to
support the resort side of the community.
The resort side of the community being prosperous helps the community
side.
Councilman Romero said
the suggestion to extend the 99 year lease to the meeting rooms is a good
one. Councilman Romero stated this
application is meeting 100% affordable housing rather than the code requirement
and no other project has achieved this percentage. Councilman Romero stated he supports this
project.
Jim True, counsel to
Council, said he has examined the contracts for purchase of affordable housing
property. True said they give the
applicant the right to purchase these properties. There are due diligence periods. Sarpa told Council the due diligence period
for the Smuggler site is over and the due diligence for the AABC has just
started. Councilman DeVilbiss said
Council should not be blinded by the fact the applicant has stated they will
house 100% of their employees.
Councilman DeVilbiss said these contracts are in early stages and they
may not go to fruition. Councilman
DeVilbiss said the location of the affordable housing is significant and that
the county has review purview over the housing development is a stumbling
block.
Sarpa noted they are
obligating this project to house 100% of their employees. Sarpa said they did not have the time to get
any further in the housing process and they were lucky to find land to put
under contract for more affordable housing. Councilman DeVilbiss said the risk
for the affordable housing is also Council’s responsibility.
Mayor
Councilman Romero
moved to adopt Ordinance #5, Series of 2007, on second reading with amendments
as noted; seconded by Councilman Skadron.
Councilman Johnson
stated this is not a stand alone project and requires development at Smuggler
Racquet Club, at the
Mayor
Mayor
Mayor
Roll call vote;
Councilmembers Johnson, no; Skadron,
yes; Romero, yes; DeVilbiss, no; Mayor
Councilman DeVilbiss
moved to deny Ordinance #5, Series of 2007; seconded by Councilman
Johnson. Roll call vote; Councilmembers DeVilbiss,
yes; Romero, yes; Skadron, no; Johnson, yes; Mayor
Sarpa requested
Council refer this matter to the electorate.
People have stated how important this project is and that a hotel is
appropriate at the base of the mountain.
Sarpa said the people most impacted by this project support the
project.
Councilman Johnson
moved to refer Ordinance #5 to the voters; seconded by Councilman Romero.
True questioned
referring an ordinance like this to the voters.
True recommended staff be allowed to research what can be put in front
of the voters.
Councilman Johnson
withdrew his motion; Councilman Romero withdrew his second.
Councilman DeVilbiss
moved to direct staff to consider whether a resolution can be put on the
ballot; seconded by Councilman Romero.
Councilman Johnson
moved to suspend the rules and extend the meeting to 11:30 p.m.; seconded by
Councilman Romero. All in favor, motion carried.
Mayor
Councilman DeVilbiss
withdrew his motion and requested this be discussed in executive session.
Councilman Johnson
moved to continue Ordinance #24, Series of 2007, to October 9th;
seconded by Councilman Skadron. All in
favor, motion carried.
Councilman Romero
moved to continue Ordinance #37, Series of 2007, to October 9; seconded by Councilman
Johnson. All in favor, motion carried.
Councilman Romero
moved to continue Ordinance #25, Series of 2007, to October 9; seconded by
Councilman DeVilbiss. All in favor,
motion carried.
Councilman Johnson moved
to go into executive session at 11:20 p.m. pursuant to C.R.S. 24-6-402(4)(b) Conferences
with an attorney for the local public body for the purposes of receiving legal
advice on specific legal questions; seconded by Councilman DeVilbiss. All in favor, motion carried. (Mayor
Councilman Johnson moved to come out of executive session at 11:35 p.m.; seconded by Councilman Romero. All in favor, motion carried.
Councilman Johnson moved to direct counsel to represent Mr. Peterson and/or hire independent counsel; seconded by Councilman Romero. All in favor, motion carried.
Councilman Johnson moved to direct counsel to contact John
Sarpa and Centurion Partners and let them know Council does not have an
interest in placing the Lodge at
Councilman Johnson moved to adjourn at 11:40 p.m.; seconded by Councilman Romero. All in favor, motion carried.
Kathryn S. Koch, City
Clerk