HomeMy WebLinkAboutminutes.council.20091207Regular Meetine Aspen Citv Council December 7, 2009
BUILDING DEPARTMENT AWARD ......................................................................... .... 2
3CMA AWARD COMMUNITY INVOLVEMENT ..................................................... .... 2
CITIZEN COMMENTS ................................................................................................. .... 2
COUNCILMEMBER COMMENTS .............................................................................. .... 2
CONSENT AGENDA .................................................................................................... .... 3
• Request for Banners on Light Poles Main Street -Food & Wine & Gay Ski Week
3
• Resolution #100, 2009 -Nordic Shop Lease ...................................................... .... 3
• Agreement Aspen Sanitation District Reimbursement ....................................... .... 3
• Resolution #101, 2009 -Adoption of Financial Policies ................................... .... 3
• Resolution #102, 2009 - 211 West Hopkins Ordinance #48 Negotiation Extension
3
• Board Appointments -Planning & Zoning Commission Jasmine Tygre (alt).... .... 3
Commercial Core & Lodging Commission Mark Zitelli ......................................... .... 3
Wheeler Opera House Ron Erickson ..................................................................... .... 3
Richie Cohen ............................................................................................................... .... 3
• Resolution # 104, 2009 -Mil Levy ..................................................................... .... 3
• Minutes -November 17, 23, 2009 ...................................................................... .... 3
RESOLUTION #103, 2009 ............................................................................................ .... 3
FIRST READING OF ORDINANCES .......................................................................... .... 5
• Ordinance #27 2009 -Fees for 2010 ................................................................. ..... 5
• Ordinance #30 2009 - Comcast Franchise Agreement ...................................... ..... 5
• Ordinance #28, 2009 - Bidwell/Mountain Plaza Subdivision ........................... ..... 5
• Ordinance #29, 2009 - 211 West Hopkins Ordinance #48 Negotiation ............ ..... 5
ORDINANCE #26, SERIES OF 2009 - 630 E. Hyman Landmark Ordinance 48
negotiation ...................................................................................................................... ..... 7
RESOLUTION #96, SERIS OF 2009 - Extension of Vested Right -South Aspen Street
........................................................................................................................................ ... 16
RESOLUTION #78, SERIES OF 2009 -Wheeler Opera House conceptual PUD ...... ... 17
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Regular Meeting Aspen City Couucil December 7, 2009
Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Torre,
Skadron, Johnson and Romero present.
BUILDING DEPARTMENT AWARD
Chris Bendon, community development department, introduced Stephen Kanipe, chief
building official, who received chapter of the year award from the International Code
Council for all the work the building department has done including the carbon monoxide
code amendment, the renewal energy mitigation program, working with associations like
the fire marshals to have a sprinkler task force.
3CMA AWARD COMMUNITY INVOLVEMENT
Sally Spalding, community relations officer, presented an award received by the city for
community visioning and community involvement for the public process around the
Aspen Area Community Plan. Ms. Spalding pointed out Aspen came in 3`d place,
nationally.
CITIZEN COMMENTS
1. Emzy Veazy told Council Mike Cheney, a talented photographer, had his studio
in the patio building and there should be a plaque on the building honoring Cheney.
2. Andrew Kole asked about the ACRA marketing contract and suggested it not be
for 3 years but make it a one year contract and to see what the economy is like. Kole
noted the contract does not include funding for the summer mall entertainment program
and that should be included in the budget. Kole questioned what 265 million impressions
translates into visitors and dollars and heads in beds. Kole said there is a budget in there
for group sales, which he thought were funded out of commissions.
Mayor Ireland said he is going to pull the ACRA marketing agreement from the consent
agenda.
COUNCILMEMBER COMMENTS
1. Councilman Romero asked that the community support many activities and
groups like the homeless shelter, Feed my Sheep, Christmas wish list, Valley Hospice,
Holiday Basket, as the needs have increased for this season.
2. Councilman Johnson reminded everyone this is a resort community and everyone
should put their best foot forward and deliver what we always deliver -great service.
3. Mayor Ireland wished everyone a great holiday season and to the staff,
recognition for all the talents they have; to the many great volunteers the community has
and to the citizens, peace and love for the holiday days.
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Reeular Meeting Aspen Citv Council December 7, 2009
4. Mayor Ireland said December 12`h is the Summit for Life, a benefit for organ
donation awareness.
5. Mayor Ireland moved to add Resolution #104, Series of 2009, keeping the
revenues from the mil levy constant, to the agenda; seconded by Councilman Torre. All
in favor, motion carried.
CONSENT AGENDA
Mayor Ireland moved to adopt the consent calendaz as amended, removing the ACRA
marketing agreement; seconded by Councilman Romero. The consent calendar is:
• Request for Banners on Light Poles Main Street -Food & Wine & Gay Ski Week
• Resolution #100, 2009 -Nordic Shop Lease
• Agreement Aspen Sanitation District Reimbursement
• Resolution #101, 2009 - Adoption of Financial Policies
• Resolution #102, 2009 - 211 West Hopkins Ordinance #48 Negotiation Extension
• Board Appointments -Planning & Zoning Commission Jasmine Tygre (alt)
Commercial Core & Lodging Commission Mark Zitelli
Wheeler Opera House Ron Erickson
Richie Cohen
• Resolution #104, 2009 -Mil Levy
• Minutes -November 17, 23, 2009
All in favor, motion carried.
RESOLUTION #103, 2009 - ACRA Marketing Agreement
Mayor Ireland agreed the $400,000 should be recaptured from the lodging mazketing
district, if such a district is formed, over a period of years. Mayor Ireland said if the
lodge marketing district is not formed, the money will be recaptured from the existing '/z
cent. Mayor Ireland said this agreement does not refer to the '/z cent recovery. Don
Taylor, finance director, told Council this is written that the $400,000 is repaid only from
the additional 1 cent lodging tax. Mayor Ireland said Council wants to recover this
money from the existing''/z cent tax in the event the district was not formed.
Reeular Meeting Aspen City Council December 7, 2009
Councilman Romero agreed the $400,000 was to be a loan not to dissolve into a grant.
Mayor Ireland said the loan should be incorporated into this resolution so that future
Councils will understand the intent of Council. Mayor Ireland noted there is a revenue
source that generates $450,000/year and the city wants to recover $400,000, recovering
$100,000 a year is a 28% hit on the revenue source. Mayor Ireland suggested it would be
appropriate to recover $50,000 for 9 years from the existing''/z cent tax. Councilman
Romero said he thought Council was bound by fiscal policies requiring pay back within 4
years. Councilman Romero stated he would support payback of $50,000 for 9 years if it
is allowable under city policies.
Councilman Torre said he has different issues, not necessarily the funding issue.
Councilman Torre said he would like to review the marketing agreement separate from
funding. Councilman Torre said this is community money, not theirs and ours, and he
would favor giving more and loaning less. Mayor Ireland stated it is incumbent on
Council to appropriate the money that comes in; that is a Council decision. Mayor
Ireland said he feels the community has to be involved in the decision about marketing
and when a district is voted on, the electorate needs to understand what the repayment is.
Mayor Ireland said he feels some of the funding burden has to be shifted to a revenue
stream dedicated for marketing, not taking money out of the general fund. Mayor Ireland
said there may be enough money in the city's savings at the end of 2009 without using
any reserves. If there is not enough savings, some capital projects may have to be
deferred. Mayor Ireland said Council felt this was urgent and they were willing to
advance money to marketing because of the economic downturn. Mayor Ireland said he
feels the community needs to decide what direction to go in the future, if it is traditional
tourism and sustainable tourism, the voters need to commit resources to that end. Mayor
Ireland said another part is the $200,000 for special events and getting the community
involved in those special events and having Council buy into those events.
Mayor Ireland stated if the community does not want to fund marketing, the city should
not be using general fund money for marketing. Mayor Ireland recommended adding a
sentence stating in the event the lodge marketing district fails, the money will be
recovered from the existing marketing revenue in a timely manner consistent with the
city's financial policies. Councilman Skadron asked when this money will be paid back.
Taylor said if the lodge marketing district passes, the money will be repaid $100,000/year
over 4 years beginning in 2011. If the lodge marketing district fails, the $400,000 will be
repaid to the general fund at $50,000 over 8 years beginning in 2011. Mayor Ireland
suggested adding "provided such repayment schedule is consistent with the city's fiscal
policy". Council agreed with the repayment schedule.
Julia Thiesen, ACRA, reminded Council she presented the marketing plan to them at a
work session November 16`h. Ms. Thiesen said the ACRA budget approved on
November 16`" was $950,000 and the changes are that special events was $100,000 and
has been decreased to $35,000. This money could be used to create a new event or
support events in the community. Ms. Thiesen told Council the budget has an amount for
group sales, which is supported by lodges and by commissions. Ms. Thiesen said group
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Regular Meeting Aspen City Council December 7, 2009
sales are suffering and they want to augment those efforts. Ms. Thiesen told Council of
the PR money, about $15,000 goes to the Mtrip reports which reports occupancy, average
daily rate and competitors and this information is vital to the entire community.
Ms. Thiesen said another $35,000 goes toward summer research which has been done
every other year and is critical to marketing, gives information on who the summer
visitor is, how they traveled to Aspen. Ms. Thiesen told Council ACRA does not pick
what events to support; they support everything going on in the community out of this
budget. Ms. Thiesen said the 265 million impressions represent 265 million unique
impressions received to date through the 2009 campaign. This does not translate into
heads in beds but is exposure that the message is getting into the market place. Mayor
Ireland said there is no opportunity to do a double blind study of Aspen with no
marketing and Aspen with marketing to see what worked and what didn't. The impact of
no marketing may not show up for years. Ms. Thiesen said there are metrics ACRA is
measuring in terms of exposure and how important marketing is.
Councilman Johnson asked about the 3 year term of the contract. John Worcester, city
attorney, stated the term is for 3 years; however, it is subject to a termination clause,
either party can terminate with 90 days prior notice. It is a one year contract renewable
for 3 years. Councilman Johnson said ACRA and the city should work together on
special events to make sure there is focus on those events.
Mayor Ireland moved to approve Resolution #103, Series of 2009, as amended; seconded
by Councilman Torre. All in favor, motion carried.
FIRST READING OF ORDINANCES
• Ordinance #27 2009 -Fees for 2010
• Ordinance #30 2009 - Comcast Franchise Agreement
• Ordinance #28, 2009 - Bidwell/Mountain Plaza Subdivision
• Ordinance #29, 2009 - 211 West Hopkins Ordinance #48 Negotiation
Councilman Torre moved to read Ordinances #27, 28, 29 and 30, Series of 2009;
seconded by Councilman Johnson. All in favor, motion carried.
ORDINANCE NO.27
Series of 2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO
INCREASE CERTAIN MUNICIPAL FEES
Ordinance No. 28
(SERIES OF 2009)
ReEUlar Meeting Aspen Citv Council December 7, 2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING WITH CONDITIONS SUBDIVISION REVIEW FOR
THE MOUNTAIN PLAZA (AKA BIDWELL BUILDING) LOCATED AT 434 E.
COOPER AVENUE, LOTS Q, R AND S, BLOCK 89, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
ORDINANCE #29
(Series of 2009)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
TERMINATING ORDINANCE #48, SERIES OF 2007 NEGOTIATIONS FOR
LANDMARK DESIGNATION OF 211 W. HOPKINS AVENUE, LOTS F AND G,
BLOCK 53, CITY AND TOWNSITE OF ASPEN, COLORADO WITH CONDITIONS
ORDINANCE NO. 30
SERIES OF 2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CABLE SYSTEM FRANCHISE AGREEMENT
BETWEEN THE CITY OF ASPEN AND COMCAST OF COLORADO/FLORIDA
AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SAME
ON BEHALF OF THE CITY OF ASPEN.
Councilman Romero moved to adopt Ordinance #27, Series of 2009, on first reading;
seconded by Councilman Tone. Roll call vote; Councilmembers Johnson, yes; Skadron,
yes; Romero, yes; Torre, yes; Mayor Ireland, yes. Motion carried.
Councilman Johnson moved to adopt Ordinance #30, Series of 2009, on first reading;
seconded by Councilman Torre. Roll call vote; Councilmembers Romero, yes Skadron,
yes; Johnson, yes; Torre, yes; Mayor Ireland, yes. Motion carried.
Councilman Romero moved to adopt Ordinance #28, Series of 2009, on first reading;
seconded by Councilman Torre.
Councilman Torre said earlier, he supported a move toward historic designation of this
building. Councilman Torre said he would like to know the primary features of the
existing building that were identified as historic that would have been kept. Councilman
Torre said he would like a discussion of covered walkways, the open space in front of the
building, ground floor access traditionally versus this proposed design.
Councilman Skadron noted there is reference to a 1985 letter from Robin Molny and at
second reading, he would like information on the concerns expressed in that letter.
Councilman Skadron asked the code regirement for amenity space. Sara Adams,
community development department, told Council the requirement is 10% and the
applicant is proposing 12%. Councilman Skadron asked about the affordable housing
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Regular Meeting Aspen City Council December 7, 2009
units. Ms. Adams said two affordable housing units are proposed at 600 square feet and
category 2. A free market studio is proposed at 600 square feet. Ms. Adams said she will
go over the design at second reading as well as present comparisons to the last project.
Councilman Skadron said his primary concerns will revolve with the Aspen Area
Community plan and the threshold question if this application goes far enough to satisfy
the first standard of subdivision review, that a proposed subdivision be consistent with
the AACP.
Councilman Skadron said he would like to know more about the architecture evolution of
the project as it relates to the concept of western vernacular, including covered wooden
walkways. Councilman Johnson said the construction management plan and community
outreach will be important and there needs to be a lot of detail. Councilman Johnson
requested for information on the park development fee. Councilman Romero requested
information on operations and operational considerations these improvements have on
immediate neighbors including the alley and alley access.
Mayor Ireland said he would like information on restoring the site and protecting the city
from consequences of an economic failure. Mayor Ireland said the CMP needs to address
the impact of construction on this corner and the tourist season.
Roll call vote; Councilmembers Torre, yes; Johnson, yes; Romero, yes; Skadron, yes;
Mayor Ireland, yes. Motion carried.
Councilman Torre moved to adopt Ordinance #29, Series of 2009, on first reading;
seconded by Councilman Johnson. Roll call vote; Councilmembers Romero, yes;
Johnson; yes; Tone, yes; Skadron, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #26, SERIES OF 2009 - 630 E. Hyman Landmark Ordinance 48
negotiation
Mitch Haas, representing the applicant, pointed out that under Ordinance 48, Council's
direction is to negotiate and reach a "mutually acceptable agreement for the preservation
of the resource" and as part of the agreement, Council will require the property be
historically designated. Haas said Ordinance 48 explains that preserving and protecting
historic resources promotes the public welfare by making Aspen a more attractive and
desirable place in which to live and visit. Haas stated the city has determined there is a
positive benefit gained by designating historic resources as historic landmarks. Haas
noted that historic designation also forwards the goals of the Aspen Area Community
Plan. Haas said in order to achieve the benefit of historic designation, the code allows the
city to offer variations from the dimensional requirements in the land use code; make
recommendations to grant exemptions from the International Building Code; and
authorize economic or development benefits to designated properties. Haas pointed out
the code in Section 26.415.025(b) establishes the procedures for the 90 day negotiation
period. Haas told Council staff reviewed this proposal and requested incentives and
found the property satisfies a113 standards to meet historic designation; only 1 standard
needs to be met. HPC has several discussions about the appropriateness of a 3rd floor on
Regular Meeting Aspen Citv Council December 7, 2009
this building; its impact on the original design and on the historic significance of the
building. HPC agreed a113 standazds were satisfied and also found that the proposed
remodel and addition is consistent with the historic preservation design guidelines and the
city's commercial/lodging and historic district design guidelines. Haas requested
Council find significant public benefit is achieved with this proposal and agree on the
incentives that will allow the Crandall building to be voluntarily added to the list of
historic structures.
John Rowland, architect, told Council this has been a commercial building since it was
built in the 1970's. Rowland said any addition should be sympathetic and contextual.
Rowland showed a vicinity map, the existing building, an overlay of the C-1 zone
district. Rowland said the net leasable is currently 9,961 squaze feet. Rowland noted the
existing internal courtyazd has walkways that are icy and make circulation difficult.
There is no handicap accessibility in this building. There is loss of energy due to the
courtyard configuration. The existing windows do not function properly for natural
ventilation.
Rowland noted in modern architecture there is an emphasis on horizontal lines; this
building has horizontal siding and the flat roof with vertical columns. Rowland pointed
out this building has a simple mass without a lot of details or windows. Rowland told
Council the proposed building will retain the historic character with an addition of a unit
on top. The net livable on the roof is azound 2500 square feet. Rowland said the
proposed building will be energy efficient; it is a mixed use building with the addition of
the residential unit. The new residential unit will compliment the existing building.
Rowland showed a key plan denoting 1, 2, 3 and 4 story buildings in the surrounding
area.
Rowland brought up community goals, adherence to the AACP, which the proposed
building does. The proposal is to sell the spaces back to the existing tenants at affordable
prices. The Benton art gallery is proposed to be in the enclosed reconditioned courtyard,
which will be an asset to the community. The plan is to retain the round windows. The
concrete masonry columns and redwood siding will be expressed throughout. Rowland
said the existing staircases are not to code and there is no elevator so the proposed
building will increase accessibility. The insulation values and mechanical equipment will
be updated; solar energy will be added to the roof. Rowland said the number one green
thing is that this building will not be demolished.
Rowland showed the site plan; the roof plan, which was lowered by 2' as a result of the
HPC meeting. Rowland showed the basement floor plan and relocation of the existing
staircase and adding another egress in order to be compliant with the code. The loading
dock will be re-arranged in order to add a pazking space. New windows will be added on
the alley side. The skylights on the roof will be removed in order to build the residential
unit. The residential level is setback 25' from the sidewalk. Rowland showed renderings
of the pedestrian perspective from different sides of the building, showed the changed
loading dock and addition of windows
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Regular Meeting Aspen Citv Council December 7, 2009
Rowland told Council the applicants held a public meeting in October attending by 21
interested persons. Rowland said the design has worked with the rhythm of the building
and the vertical elements of the building.
Haas told Council the applicants had two separate work sessions with HPC, several
meetings with staff and the public open house and a public hearing before HPC. Haas
noted little opposition has been voiced against this proposal. There has been support
from staff, neighbors and the HPC. Haas said the applicants have requested modest
incentives. The first incentive has to do with FAR limits. Haas reminded Council in the
C-1 district, there is an overall FAR limit and uses are broken down to limits within that.
The remodel will reduce the commercial FAR by 3,000 square feet because of a technical
requirement that exposed space be counted as FAR. By putting a roof over the courtyard,
that space is no longer counted. The commercial net leasable is not being reduced but
even with the reduction, the commercial FAR is over the code allowance at 9,000 square.
The building has 12,300 square feet. Haas said 340 square feet will be lost in net
leasable. Haas noted the applicants are asking this be approved to allow the final
commercial FAR and not be non-conforming. The intention is to allow the existing
tenants to purchase their space and non-conformity can make financing difficult.
Haas said the next incentive deals with the free market residential FAR on the project.
The allowed FAR in C-1 is .5:1, which would be 3000 square feet. This proposal has
3524 square feet of residential floor area. Of that 3524, 832 square feet are non-unit
square feet, a pro rated share of the hallways, stairs, circulation in the building. This
proposal is exceeding the free market FAR limit by 524 square feet and 832 square feet is
non-unit space. Haas said rather than asking fora 500 square foot bonus from the HPC
for an exemplary preservation project, they have requested this as an ordinance 48
negotiation. Haas noted the entire project is 2700 square feet less than the square area
allow for the property cumulatively.
Haas requested the maximum residential unit size be increased. The code allows 2000
square feet of net livable space, which can be increased to 2500 square feet by buying a
TDR and landing it on the property. Haas said they would like to achieve that without
purchasing a TDR. This is not a variance request as a 2500 square foot unit is allowed.
The 3`d request has to do with the right-of--way. Haas noted the columns on Spring street
and the stair exiting the loading dock on the alley encroach into the city's right-of--way.
There are revocable encroachment agreements. Haas said once the building is designated
historic, nothing will be removed. Haas said the columns have been deemed to contribute
to the historic character of the building. Haas noted the applicants have worked out
details fora 39+ year encroachment license, which agreement has been reviewed by the
city attorney. Haas pointed out the part of the loading dock furthest in on the alley will
be converted into a garage and the loading dock for the commercial space will remain.
Haas requested 5 year vesting rather then the standard 3 years vesting. Haas noted this
project is subject to school land dedication fee requirement. Haas said this property will
not dedicate land when the historic resource takes up a116,000 square feet of the property.
Regular Meeting Aspen Citv Council December 7, 2009
Haas said as the regulations are written, a property with a higher property value will have
a higher fee than a property located on the edge of the city. The school fee-in-lieu is
based on the value of the property, not on the impact to the school. Mayor Ireland
pointed out that is not a fee created by the city. Haas agreed the city is not authorized to
waive those fees and they propose to pay the school fee and ask the city to waive other
fees to offset that amount. Haas said the city will make up those fees when the units are
sold and the real estate transfer taxes are paid.
Haas said granting these incentives should be balanced against the community benefit of
landmazk designation but also the applicants have agreed to give up valuable space to
have a publicly accessible art gallery. The applicants have agreed to maintain the historic
integrity of the building by not installing more windows on the south side of the building.
The applicant has agreed to maintain the courtyard spaces and to forego the remodel and
redevelopment flexibility by not designating the building.
Haas pointed out there is no requested height variance for this building to keep it in
character with the neighborhood. Haas said this is a low two-story building and a
minimal 3`a floor is being added. The 3`a story perception is reduced by setbacks and a
flat roof and pushing the structure to the back of the building. Haas noted the heights of
adjacent buildings and this proposed height is not out of scale.
Haas noted the C-1 zone is a transition district which has slight reduction in floor area
compared to the commercial core. The C-1 zone has a separate chapter in the
commercial design guidelines. Haas pointed out the number one design guideline for this
is to strengthen the sense of relatedness with the commercial core historic district, not
with the adjacent residential district. Vaziety of design is encouraged, as is greater street
vitality and an enriched definition of the street frontage. Haas said the applicants did
hear some concerns about precedent if the Council allows a 3`a floor on this building.
Haas said each and every ordinance 48 negotiation is discretionary and case specific so
there is no precedence. Haas said if this would create a precedent, it would be that a 3`a
floor can be built within 33', below the established height limit of 36' in the C-1 zone.
The Wienerstube building across the street proposed a height limit of 48'. This building
is 10' shorter than the Hannah Dustin building across the street.
Haas pointed out all these plans except the 524 square feet can be achieved under existing
land use code without any ordinance 48 incentives. Haas reiterated this is a modest
proposal that will preserve a significant building. Haas told Council there are two Benton
buildings in town and this one is totally in tact. The applicants feel this addition
maintains the historic integrity of this building and it will read almost exactly the same.
Amy Guthrie, community development department, told Council there are 3 criteria for
historic designation and one has to be met; staff and HPC recommend a113 criteria are
met. Ms. Guthrie pointed out this building scored 99 out of 100. HPC and staff feel it
could lose up to 15 points with this proposed remodel; however, it will still be above the
threshold. This is a prominent location. Staff and HPC support these negotiations and do
not object to any of the negotiations requested by the applicant.
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Regular Meeting Aspen City Council December 7, 2009
Councilman Torre asked about the growth management 90 day requirement. Haas told
Council the community development director does the growth management review and if
this landmark designation is approved, the director is authorized to approve growth
management. Haas said there is a code interpretation about subdivision review and when
one is adding only 1 unit, subdivision review is not required. Both those requests have
been dealt with.
Councilman Johnson asked how many spaces will be offered to tenants. Greg Hills,
applicant, told Council there are 11 tenants in the buildings all of whom have been
offered the ability to buy their space. Hills said the majority have expressed an interest in
doing that; two tenants will not be buying their space and there is a list of locals who
would be interested in buying a space. Hills said he has sat down with all the tenants to
explain the cost of the space, the cost of the mortgage, the financing program.
Councilman Skadron asked what the threshold number of points for historic designation
is. Ms. Guthrie said for post WWII buildings, the threshold is 75; this building with the
addition would score 84. Councilman Skadron asked why subdivision is not required if
the tenants are going to buy their spaces. Bendon said subdivision review is required for
multi-family development and not required for the addition of one residential unit.
Councilman Skadron asked about the issue of approving non-conformities. Bendon said
the policy on non-conformities in uses and in non-conformities is that they may continue
for the life of the building. There is a review to get a variance on non-conformities when
there is little flexibility on the lot. Bendon said there is concern from lenders about non-
conformities. Herb Klein, representing the applicant, pointed out under city codes, this
non-conformity would be allowed to continue. Klein requested Council declare this is
conforming so that when the businesses are sold, that will not be an issue with lenders.
Haas said conforming FAR for this parcel would be 1.5:1; the request for this project is
1.505:1, a small amount more than is allowed.
Councilman Skadron said the applicants have said this is a modest development proposal
and that the addition should be sympathetic. Councilman Skadron asked why a 2500
square foot addition is being requested when only 2000 square foot unit is allowed and at
what point is the square footage no longer sympathetic. Haas pointed out the code does
allow 2500 square feet by purchasing a TDR and landing on the property. Haas reiterated
other than the request for 524 square feet, all other requests are allowed for in the code.
The applicants are not requesting additional net leasable area and are requesting only one
free market residence.
Councilman Romero asked about plans for tenant relocation during reconstruction. Hills
said the plans include relocating the tenants within the building during construction.
Hills told Council every business owner indicating interest in buying their space will be
able to stay during reconstruction. Councilman Romero asked about performance and
completion financial sureties and restoration sureties. Councilman Romero said Council
has tried to include those type of sureties to protect the community as well as the site.
Hills told Council when he does a project, he includes completion guarantees which in
this case will be his personal guarantee.
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Regular Meeting Aspen City Council December 7, 2009
Mayor Ireland suggested a way to allow 2500 square feet is to issue a TDR to the
applicant and then allow the TDR to be landed on the site. The city can hold the TDR as
security against completion of the structure.
Mayor Ireland opened the public hearing.
Junee Kirk said any trades given to the applicant have included that the spaces be
affordable to the present tenants and that any unsold space should go to local businesses.
Ms. Kirk questioned when they are resold, is the price going to be controlled and how can
that be enforced. Ms. Kirk said with the addition of a third story, the city will not be
preserving a historic structure; the addition changes the relationship of the whole block.
Bil] Mitchell, tenant for 24 years, told Council he has been trying to buy his space for the
past 20 years. The roof has leaked for the past 24 years. Mitchell said this building is a
community asset and he hopes the project goes forwazd. Graeme Means told Council he
has been a business person in Aspen and it is sometimes a struggle to meet rent. People
have had to give up their business practices during economic downturns. Means asked
Council not to underestimate the value of small businesses to the community. These
developers are locals with a track record in Aspen.
David Elston stated he support this project because he likes keeping local people in
Aspen. Businesses have been moving downvalley. Elston said he would like to see
tenants be able to buy their spaces. Elston said he likes this architecture and it seems like
it will look like the same building. Bob Langely said the original owners will appreciate
this proposal keeping the operation and composition of the building.
Scott Lumby said he supports this development; it is a great opportunity to preserve a
unique building while allowing locally serving business to own their own spaces. Mike
Yates said restoring the building, making it historic and part of the town will be an asset
to Aspen. Wiley Manering said it is difficult to purchase a property from long time
owners. Manering said these owners got the property because they have the same vision
as the previous owners. Toni Kronberg said this is discussing a landmark historic
resource and how can this be a landmazk historic resource with all the proposed changes.
Ms. Kronberg noted the Aspen Area community Plan states any new development has to
be in the scale of the existing neighborhood. Ms. Kronberg questioned why this has not
gone through subdivision review because of the proposed separate ownership. This
proposal puts a top hat on the building and changes the roofline. Ms. Kronberg said for
landmark designation, there are 5 criteria to be looked at, not 3. The 2 criteria left out are
the neighborhood and community character. Much of this neighborhood is two stories
and this is an inappropriate application for landmark designation.
Macky Morns, business owner in Aspen, said keeping businesses like office supply and
pediatricians is one way to keep community. Eric Kolberg told Council he worked with
the applicants on the Connor project. The applicants have energy toward preserving
projects in Aspen. This project is a good mix of old and new. Kevin McClure said told
Council he shops at businesses in this building and sees no downside and every upside.
12
Re¢ular Meetine Aspen Citv Council December 7, 2009
Tom Hineline said he supports the Crandall proposal; demolishing this building will take
assets away from Aspen. Zack Feas stated one of the major reasons to support the
proposal is to keep the pediatrician in Aspen. Feas said the applicant should be
commended for trying to keep local commercial tenants in Aspen. Barbara Husalak,
Sandy's owner, said the office supply store has been in the building for 28 years.
Businesses are moving out of Aspen because of affordability. These applicants
understand that and are giving businesses the opportunity to buy their spaces at
reasonable prices. Ms. Husalak said the addition of a penthouse will help offset some of
the restoration costs.
Karen Mitchell told Council she had has a jewelry studio in this building for the past 9
years and has been able to keep her business in Aspen because of the affordable rents
there. Ms. Mitchell said she feels the applicants will do a great job on the building. This
building is in desperate need of care. Ms. Mitchell supports this renovation as it will
revitalize the building. Kayla Ruchella said she has had an accounting service in this
building for the past 20 years. Ms. Ruchella supports this project and hopes to be able to
purchase her space if it is approved.
Ross Thompson, owner of Barber Shop, said there is no elevator in this building and
access like that would be a wonderful addition. Thompson said the plans for an enhanced
courtyard would be great. Thompson said the only way a lot of these businesses can
continue is with approval of this project. John Olson said this is not about subdivision or
historic designation; the real issue is retaining commercial spaces in town. Olson said
this business model is in the best interests of this community. Olson said this proposal is
the result of many hours of meetings and a lot of good input. The applicants care about
doing historic preservation right.
Ward Page said this vision will give commercial spaces a way to maintain their business
and keep the historic value of the building. Robert Croenenberg said this is a project
whose time has come. It is difficult to afford real estate in Aspen. Croenenberg said the
applicants should be applauded for giving businesses an opportunity to stay in Aspen.;
Croenenberg said this building will always be unique. The penthouse is set back for
enough so that one will not see very much of it.
John Miller, contractor, said this proposal gives the Crandall building a face lift as well as
maintaining the historic value. Miller said it also makes spaces affordable to local
businesses with which he does business. Terry Murray told Council she has owned two
small businesses and would have jumped at the chance to buy a space in Aspen from the
landlord. This building is decrepit. Ms. Murray said she feels the trades offs are worth it
to get this project.
Mayor Ireland closed the public hearing.
Amy Guthrie entered correspondence into the record on this project; in support ; a letter
from Justine, Jack and Kristina Crandall the original owners of the building; Elena
13
Regular Meeting Aspen Citv Council December 7, 2009
Eckhart a tenant in support, Sean Gooding building owner in the vicinity in support;
Colder Hawk-Smith in support, Robert Turner in support; Jean Trousdale is opposed to
the height variance, which is a misunderstanding.
Mayor Ireland moved to adopt Ordinance #26, Series of 2009, on second reading;
seconded by Councilman Romero.
Mayor Ireland stated his only qualm about the prof ect is the 2 units not spoken for and he
hopes that the applicant offers to sell those to local businesses as a condition. Hills said
this is his plan. Mayor Ireland said he generally does not favor additional luxury
residences in Aspen as that does not create vitality in the community in general. To some
extent luxury development has driven out affordable tourists accommodations. Mayor
Ireland said the trade off being offered is attractive because it does preserve local
businesses and it does preserve this building. Mayor Ireland said he does not feel the
addition will intrnde on most view planes. The requested addition is under the height
allowance with no height variance requested. Mayor Ireland noted the alternative of
demolition and reconstruction may entail more luxury space and less locally serving
buildings. Mayor Ireland stated reusing buildings is preferable to demolition and hauling
things to the landfill.
Mayor Ireland said Ordinance 48 should be revised to create more specific criteria for
evaluation of how many benefits should be granted. This is a special Aspen building, and
this proposal could preserve that structure and empower the tenants to purchase their
spaces. Mayor Ireland said this is the direction the community prefers, local serving infill
versus giant luxury buildings.
Councilman Torre said this is a project that is within the spirit of Ordinance #48, which
the community has not seen a lot o£ Councilman Torre said he feels this building is
worthy of historic designation. Councilman Tone said he has an issue with the
residential floor area and the TDR allocation. Ms. Guthrie pointed out in the commercial
zones, one TDR allows an additiona1500 square feet rather than 250. Councilman Tone
said he would like to see greater setbacks on the east and north sides. Councilman Tone
said the treatment of the south side of the building is exceptional and he would like to see
that on the east and north sides. Councilman Tone stated he has no problems with
continued maintenance of the encroachment into the right-of--way. Councilman Tone
stated he would like to stay with 3 years vested rights rather than 5 years. Councilman
Torre stated he does not support subsidizing the $31,000 fees.
Councilman Torre asked about the appropriateness of materials for the 3`a floor. Ms.
Guthrie said the materials will be addressed at final review by HPC. Councilman Tone
said he would like the 3`d floor set off from the remainder of the building. Hills stated he
is dropping the fee waiver request.
Councilman Johnson said the community preservation, accessibility and sustainability
and adaptive reuse are commendable. Councilman Johnson stated this is an appropriate
Ordinance 48 negotiation. Councilman Johnson asked if there is a way to handle resales
14
Regular Meetiue Aspeu City Couucil December 7, 2009
to insure these spaces aze preserved for locally serving business. Councilman Johnson
said he is comfortable with the TDR concept for the additional square feet of 524 and the
encroachments as well as the 5 yeazs vested rights.
Councilman Romero said preserving the building is important and also important is
providing a pathway for locally serving businesses. Councilman Romero noted the
Obermeyer project had the same aim to allow local businesses to purchase their space.
Councilman Romero noted owning one's own space aligns one with the community and
character of Aspen. Councilman Romero noted there was erosion in that goal at
Obermeyer and even though the purchase price was low, they were not able to retain as
many business as they wanted. Councilman Romero said there are trade offs to get to
this objective; effective compromise means giving up something to get benefits.
Councilman Romero stated the net net is worth those trade offs. Councilman Romero
stated he can support the increase in square footage. Councilman Romero said he likes
the mechanism of using the TDR to get to 2500 square feet and to hold that TDR in
surety for the project. Councilman Romero said to make the compromise work for both
sides, he could agree to the 5 year vesting.
Councilman Skadron asked about cap the resale price. Hill said he cannot do this. Hill
said the people who buy their units should be able to enjoy whatever profits there are.
Hills said that condition would be a deal breaker. Hill told Council he is pricing these
spaces to be in line with the rents tenants are currently paying. Mayor Ireland said he
does not feel the location of this building is conducive to high-end types of businesses.
Mayor Ireland suggested there are other ways to restrict the speculative development.
Mayor Ireland pointed out these spaces are small and aze not right downtown.
Councilman Johnson noted this is an open market lease situation today. This building
does need improvements.
Councilman Skadron asked if the size of the residential unit at 2500 squaze feet is
financial gain. Hills said there are things he is trying to do with this project that he thinks
aze good, like trying to have affordable commercial; one is historic designation of the
building. Hills said not adding windows to the south side of the building will lower the
value of those offices. Councilman Skadron stated he has difficulty with historic
landmark with all the modifications. Councilman Skadron stated he does not believe
Aspen is better served by scrape and replace with a modern building where a building
with character once stood and that modern building replaces locally serving businesses
with ones that do not. A proj ect like that would return nothing to the type of businesses
and people who have supported Aspen. Councilman Skadron said these facts persuade
him to favor this project.
Councilman Torre asked for a review of the square footage and any variance requests.
Haas told Council there are two different measurements; net livable under city code is
measured from interior wall to interior wall of the unit. Net livable azea for this unit is
2500 square feet. Bendon noted net livable is capped at 2000 square feet in the C-1 zone;
however, it can be increased to 2500 square feet with a TDR. Haas said the proposal for
the entire building is about 2700 square feet below the total allowable FAR for the
15
Regular Meetin¢ Aspen City Council December 7, 2009
property. Haas said this would allow taking a 500 square foot TDR off the property and
using it to secure the project and extinguishing it when construction is complete.
Haas said taking the 2500 net livable, adding the wall thicknesses comes to 2692 square
feet. Because this will then become a mixed use building, the circulation and non-unit
space in the building like hallways, stairs, etc., needs to be prorated back to each specific
use, like commercial and residential. The pro-rating is done on a percentage basis
calculation and adding to 2692 added 832 square feet for a total of 3524 square feet,
which is 524 more than the C-1 allowed. Bendon told Council staff looks at two
numbers, the net livable at 2000 or 2500 square feet with a TDR and an FAR allocated to
that use. On this property, one can have a .5 for residential which has to include the
allocated space like stairs and hallways. This project is .59:1. Bendon said the existing
building is inefficient, the courtyard, the hallways, the stairways.
Mayor Ireland amended his motion that the applicant has offered to restrict sale of the
unsold units to local business and agreed not to ask for a fee waiver; the TDR will be
issued and held by the city and upon completion of the project it will be extinguished;
seconded by Councilman Romero. All in favor, motion carried.
Roll call vote; Councilmembers Skadron, yes; Johnson, yes; Romero, yes; Torre, yes;
Mayor Ireland, yes. Motion carried.
RESOLUTION #96. SERIS OF 2009 - Extension of Vested Right -South Aspen
Street
Councilman Johnson left the room due to a conflict of interest. Chris Bendon,
community development department, reminded Council this was approved November 9`"
after which there was some confusion about the language. At the November 23`a
meeting, reconsideration was requested by the applicant and approved by Council.
Bendon noted the original language granted a two year extension of the subdivision
approvals if the lodge application is not approved. If the lodge application is approved,
vested rights for the townhomes would terminate with the lodge approval.
The amended language provides a 2 year extension of the vested rights independent of
what happens to the lodge. Bendon said staff is reluctant to see dual approvals for one
property and have modified the land use code to make sure there are not two approvals on
one property. Bendon said when the Lodge at Aspen Mountain application comes
forward, the ordinance should either prohibit two approvals for one property or to have a
minimal overlap of two projects. Bendon said that discussion should occur with the
ordinance approving the Lodge application.
John Sarpa, applicant, told Council at the original hearing, he thought the discussion
focused on 3 years versus 2 years. It was his understanding of the agreement was that
upon cessation of the lodge application, 2 years would be granted. Sarpa said his
understanding was the cessation meant any end of the lodge process. This is critical
because they cannot shorten the timeframe of the townhouse approvals. Sarpa said the
16
Re¢ular Meetine Aspen City Council December 7, 2009
distinction here is even with approval for the lodge, it will take considerable time before
anything can be built. The risk of the bank and the applicant depend on being able to
actually build something. Sarpa said they cannot agree to have the townhouse approvals
expire as soon as the lodge is approved. Sarpa said this will be discussed again if and
when the lodge approval ordinance comes back to Council.
Mayor Ireland said the applicants can control how and when they file all the papers for
building permits, which can add to the time. Sarpa said that is why they agreed to cap the
time to no later than 2013, no matter what. Sarpa said it takes a long time to get all the
paperwork completed. Bendon noted the approval granted is a 2 year extension of the
townhomes if the lodge process is withdrawn or defeated. If the lodge is approved, the
vested rights for the townhouses are gone. Mayor Ireland said he thought the 2 year
extension ran from cessation of the lodge. Sarpa said he needs 2 yeazs from approval for
the financing requirements for vested rights for the townhouses. The townhouses are
collateral for the bank and the vested rights cannot be shortened.
Council agreed to 2 years vested rights from cessation of the lodge project. This request
is for 2 yeazs after approval of the lodge, which can also be addressed in the ordinance
approval the lodge. Bendon suggested amending the resolution by deleting "or through
January 28, 2013, whichever is later" to end "the vested rights associated with the
townhomes project shall remain valid for 24 additional months from the effective date of
such action".
Councilman Torre moved to approve Resolution #96, Series of 2009, as amended striking
the language as outlined above, not the later of the two dates; seconded by Councilman
Romero. All in favor, motion carried.
RESOLUTION #78, SERIES OF 2009 -Wheeler Opera House conceptual PUD
Councilman Torre is recused due to living within 300 feet of the project.
Sara Adams, community development deparhnent, reminded Council at the October 26
hearing, they requested more information on the financing of the project, of the program
and of the azchitecture. Ms. Adams said these are all substantial issues and staff
recommends several public meetings to review and discuss the issues. This meeting will
be focused on budget. Steve Bossart, asset management, told Council the discussion
issues aze the budget, conceptual costs and cost estimates received. Bossart requested
money in order to bring a contractor in and to get better estimates.
Mayor Ireland said he thought an independent needs assessment was going to be done for
the proposed Wheeler expansion. Gram Slaton, Wheeler Opera House, said there have
been several needs assessments done between 1975 and 2006.
Michael Schnoring FMG architects, told Council it is his job to make sure this project
comes in on time, on budget, and within the core values of the city and the Wheeler. This
fine has been involved in this project over a yeaz. They have had experience in theatre
17
Regular Meetin¢ Aspen City Council December 7, 2009
projects all over the country, most of which are not-for-profit organizations. Schnoring
said they conducted interviews with users and potential users of the Wheeler. Three
concept designs were developed; cost estimates for those 3 options ranges from $30 to
$35 million. Staff chose one option, which has been going through the review process.
The target cost for that option is $30 million. Schnoring told Council their cost estimator
has worked with them for over 20 years and has worked in Colorado and on the western
slope. Schnoring said their company chose regional firms to work with on this project.
Schnoring told Council they have also worked with theatre and AV consultants who
provided cost estimates for the specialized portions of the project.
Schnoring said the option chosen is the most efficient use of the space on the 21ots
adjacent to the Wheeler. Schnoring said the $30 million includes all soft costs, program
manager fees, contingencies, fees, anything needed to complete the project. There is a
very detailed estimate for this project, which can be provided to Council. These include
how the basement is excavated and underpinned; eliminating the 4`h floor. Schnoring
told Council they are excited to work with the IPD process, to have a contractor on board
to help with the specifics of how this will get built. Schnoring told Council they did meet
with a local excavator to go over local issues. Schnoring said the estimators used this
information and went over the estimation for excavation and their estimate was
confirmed.
Brent Lonazch, KL&A, told Council he met with a firm who has done excavations in
Aspen. Assumptions for shoring and underpinning techniques on a114 sides were
discussed and a cost estimate was put together. Schnoring told Council they will use
discussions like this to maintain the budget and the integrity of the project.
Mayor Ireland said his concern is that the public is not convinced there is a need for this
expansion. Mayor Ireland said he gets questions about other facilities or are there a lot of
unused nights at the Wheeler. Mayor Ireland stated the needs assessment should come
from an entity other than the city. Gram Slaton, director Wheeler Opera House, told
Council the operating plan is based on primary users being outside groups and limiting
the Wheeler to 30 days. Slaton went over the expense and revenue figures. There aze
increases in revenue in the bar, in corporate rentals, and technical rental services. The
increased expenses were outside stage hands. Combining the two are an improvement to
the bottom line and show this can be self-sustaining.
Councilman Romero stated financial criteria is not the only item used in the decision. It
is helpful that there is a level of confidence from staff in the net operating income and the
costs of running a project like this. Slaton said these increased numbers have been
plugged into the long range financial plans. The Wheeler met with the financial advisory
board to vet these numbers. Slaton told Council before the next meeting with the FAB,
he will bring in 3 theatre managers with experience not only in operating theatres but also
with experience in renovation, in operating several theatres under one roof and/or
operating in the Rocky Mountain region. Slaton said after that, a public financial
workshop will be held in February so the public can test the numbers and ask questions of
staff about the project.
18
Regular Meeting Aspen City Council December 7, 2009
Slaton noted staff has brought an expert in historic tax credit to test whether this project
would be available for tax credits, which could be worth between $2 and $4 million.
Slaton said there was a comment from the audience about overuse by the film society.
Slaton noted he went over the usage by the Wheeler Film Society, who generally uses the
theatre Monday and Tuesday nights, when it is dark. The number of films presented is
appropriate and helps fill in empty evenings. Most presenters want nights between
Thursday and Sundays.
Slaton pointed out another public comment was about the programming philosophy and
why the Wheeler presents so much music. Slaton said he went over the bookings and
music and film are the two most type of programs in the venue. Slaton noted the theatre
is turned over to the Aspen Music Festival for 70 days. Slaton said another question is
how the city can quantify another cultural venue during the summer; there is no empirical
data to answer that question. Slaton noted staff did study of all venues in town, their
pricing, their availability to outside users, their services. Slaton said the Wheeler
expansion will bring the benefits that space is designed specifically for theatrical/concert
productions, which does not exist in other venues. Many of the existing venues do not
have bars, lobbies, restrooms, nor do they have the ability to do multiple events at the
same time.
Slaton said for many user groups, rent is an issue. Another important issue is in-house
staffing familiar with the venue. The Wheeler has modest costs for both rent and in-
house staff. Another benefit at the Wheeler is the ticketing system and the existing
support for that system. Intangible benefits include better booking availability at a
facility being built for performances; one-stop shopping for patrons and audiences; the
halo event of having one's performance at the iconic Wheeler; access to other services,
including bazs and restaurants. Slaton noted there are benefits from having commercial
meeting space in the commercial core and the availability of restaurants for those users.
Slaton said an issue with the programming was the proposed office space, referred to
exception real estate or the 50-yard line. Slaton pointed out the proposed office space is
on the north side of the building with no view of Aspen mountain, and is about the same
size as the existing office space. The benefits of relocating the offices close to the stage
is because performances involve humans with complicated needs. Gordon Wilder,
Heather Lazson and Lauren Pierce, al] staff at the Wheeler, related the difficulties of
running a live performing theatre with offices two floors below in the basement, and
having to take care of items like paying before the performance begins. Having offices
located neaz the stage is a necessity, not a luxury; having eh offices close together and
near the stage is an efficiency.
Slaton went over the history of the real estate transfer tax and whether these funds can be
used for expansion of the Wheeler or money to be spent on drawings for that
construction. Slaton said he has researched this and gone over it with the city attorney's
office. Slaton stated he is convinced this is an appropriate use of the RETT funds and
history supports that, citing the original 1979 RETT language, the purchase of the land
with RETT fund; Resolutions 14, 15 and Ordinance 22 of 1982, also support that. Slaton
19
Reuular Meetin¢ Aspen City Council December 7, 2009
said in 2002 the endowment fund passed; in 2003 when the Mother Lode became
available for purchase, the Board supported using RETT funds to purchase that property.
In 2009, the Wheeler staff suggests this be a ballot question in the future. Slaton said
they will continue to scrutinize the numbers and to work on the exterior of the building.
Mayor Ireland said using figures from 2006 was the peak of the economy boom in Aspen
and 2009 audience surveys may indicate something different. The community should
have confidence that there is an absolute need for this facility including facts like the
district theatre becoming less available to the community.
Councilman Romero said $30 million cost creates a negative reaction for him.
Councilman Romero said he does not favor taking 100% of a savings account for an
expansion that is important but not critical for the community. Councilman Romero said
there is an income stream for the RETT which will continue throughout the process.
Councilman Romero said it will be a struggle for him to approve spending all the
available funds and more for this project. Councilman Romero said this brings up the
idea of using other venues, or the empty buildings on the block. Councilman Romero
agreed with the notion of an outside empirical based needs assessment. Staff has
reviewed all the existing venues; Councilman Romero said he would like to know how
many nights each venue is used, including the Wheeler, and what the need is for nights
that are not used. Councilman Romero said there are qualitative benefits from an in-town
expansion and there are arguments to be made to the community for this expansion.
Councilman Romero supports a public vote on this expansion.
Mayor Ireland said Aspen has to move towards sustainable tourism and this project could
be a large piece of that. Councilman Skadron agreed about sustainable tourism; however,
there maybe another way to address some of the needs, like expanded office space.
Councilman Skadron said the Wheeler should stand singularly and iconic. Councilman
Skadron said any modification will take away from the icon. The Wheeler lends itself to
Aspen's uniqueness and what makes Aspen special. Councilman Skadron said
development needs to be sensitive and to consider how the built environment is evolving
and the community needs to consider its roots very carefully.
Councilman Johnson stated he appreciates slowing down and take time to make sure
Council is looking at this correctly. Councilman Johnson agreed a third party assessment
will help bring a lot of this together, like the pro formas, the future operations,
comparable facilities and how are they operated, existing operations and how these might
be made more efficient. Councilman Johnson said he is convinced about using the RETT
money for this expansion, especially with a ballot question. Councilman Romero said he
does not want to throttle back any expenditure that would harm the overall program and
definition of this project. Councilman Romero said the community needs to be involved
so they feel like they have enough detail in order to vote on this issue. Councilman
Romero challenged the team to look at ways to make discrete decision and still achieve
some level of the proposed program and to give Council greater flexibility. Councilman
Romero suggested there might be 14 different ways to achieve the program and still
meets the quality, values and goals. Councilman Romero said there is no consensus in
20
Regular Meeting Aspen Citv Council December 7, 2009
the community on this project. Councilman Romero stated he is biased against spending
the entire savings account for this expansion.
Mayor Ireland said he is concerned that the community has not developed a consensus
about what it wants to be now that it is not development centric. Mayor Ireland said the
underlying work has not been done to find where the community is going. Mayor Ireland
agreed he is concerned about the cost being just below the monies that are available.
Mayor Ireland concurred that all alternatives should be investigated, like buying the
Crystal Palace building. Councilman Skadron said at some point Aspen has to live
within its means rather than keep growing. The Wheeler is a fabulous facility and serves
the community. Councilman Skadron stated at some point Aspen has to identify the
things that make it special and the Wheeler the way it is, is one of them,. Councilman
Skadron said some issues need to be addressed, like the office space. Mayor Ireland said
he is not convinced Aspen should be freeze dried in place to represent an ideal. Mayor
Ireland said people come to Aspen because there is a real community here. There is a
balance and that balance is going to evolve.
Bossart requested $728,000 of the $3 million for 2010 to continue and further evaluate
the options. Bossart said there are incremental decision points and he would like
approval to finish the conceptual design work. Bossart said they aze tried to develop the
financial assurances and to focus on the core priorities to enhance this facility. Mayor
Ireland said staff needs to rule in or out if there are alternative structures or way to
accomplish this goa1..Mayor Ireland said he would like to know whether the structure
can be phased or whether there are some economies to lower the budget. Councilman
Johnson said he will support some money for an outside assessment. Council agreed to
$50,000 for a needs assessment and alternative sites assessment.
Councilman Romero moved to continue Resolution #78, Series of 2009, to January 25,
2010; seconded by Councilman Johnson. All in favor, motion carried.
Mayor Ireland moved to adjourn at 11:10 p.m.; seconded by Councilman Johnson. All in
favor, motion carried.
Kathryn S. Koch, City Clerk
21