HomeMy WebLinkAboutminutes.council.20100524Regular Meeting Aspen Citv Council Mav 24, 2010
2010 HISTORIC PRESERVATION AWARDS ............................................................... . 2
CITIZEN COMMENTS .................................................................................................... . 2
COUNCILMEMBER COMMENTS ................................................................................. . 2
CONSENT CALENDAR .................................................................................................. . 3
• Resolution #34, 2010 -Brush Creek Park-n-Ride Lease Agreement Renewal .... . 4
• Resolution #36, 2010 -Red Brick Gymnastics Pit Construction Contract ........... . 4
• Resolution #37, 2010 -Red Brick Gymnastics Equipment .................................. . 4
• Resolution #38, 2010 -Contract with Aspen Sanitation Agreement Burlingame . 4
• Resolution #39, 2010 -East of Aspen Trail Construction Contract ...................... . 4
• Resolution #40, 2010 -Support Process for Roaring Fork Watershed Plan.......... . 4
• Minutes -May 10, 2010 ........................................................................................ . 4
ORDINANCE #13, SERIES OF 2010 -Urban Runoff Management Plan ...................... . 4
ORDINANCE #9, SERIES OF 2010 -Land Use Code Amendments ............................. . 5
ORDINANCE #2, SERIES OF 2010 -Aspen Club Final PUD ...................................... 10
Regular Meeting Aspen City Council May 24, 2010
Mayor Ireland called the meeting to order at 5:07 p.m. with Councilmembers Johnson,
Skadron, Romero and Torre present.
2010 HISTORIC PRESERVATION AWARDS
Michael Hoffinan, chair Historic Preservation Commission, presented the outstanding
historic preservation project award to Carol Craig, 707 North Third. Hoffinan told
Council that HPC considers the quality, compatibility of design of new and historic
construction, quality of materials, compliance with the Department of Interior's
guidelines and impact on the surrounding neighborhood. Hoffman said this remodel
corrected past construction errors. The project re-used existing material on the new
addition; the addition mitigated impacts on the neighbors and was sensitive to the historic
resource. Mayor Ireland and Council presented an award to Carol Craig.
Hoffinan presented the extra effort award to Greg and Jane Hills for their dedication to
finding creative solutions that meet historic preservation goals. In 2001, the Hills re-
invigorated the Christiana Lodge on Main street including the first voluntary preservation
of a post WWII building. The Connor Cabins and the preservation of the Benton
building are projects also undertaken by the Hills.
Gail Schwartz, state senator, presented a tribute from the Colorado legislature to Mayor
Bill Stirling in recognition of receiving the Elizabeth Paepcke award and for his decades
of leadership and commitment to historic preservation. Mayor Ireland presented the
Elizabeth Paepcke award to Bill Stirling, listing his accomplishments and commitments
to historic preservation in Aspen over the past 30 years.
CITIZEN COMMENTS
There were none.
COUNCILMEMBER COMMENTS
1. Councilman Romero noted May 22"a, Independence Pass Foundation hosted the
16`h annual ride for the pass. Councilman Romero said he, Mayor Ireland and about
1,000 other riders participated in the event. The funds raised go to maintaining
Independence Pass.
2. Councilman Romero said yesterday the Parent Teachers organization hosted the
first annual Run for Funds. There were over 400 participants and the monies will be used
to replace the playground equipment at the elementary school.
3. Mayor Ireland said he would like the academic achievers at the high school to
come and be honored by Council.
4. Mayor Ireland thanked King Woodward for years of work preserving
Independence Pass. CDOT does not give money to prevent the top cut and the hill side
Regular Meeting Aspen City Council May 24, 2010
from rolling onto the highway. Mark Fuller, director Independence Pass Fund, told
Council they raised about $25,000 from the event this year. Fuller thanked the city for
their continued financial support.
5. Steve Barwick, City Manager, told Council the regional director for Senator
Michael Bennet, Monica Pergrassi, will be in Aspen tomorrow at 10 a.m. to heaz from
constituents.
6. Mayor Ireland reminded everyone they need to beaz proof their trash containers.
The ordinance goes into effect June ls`. Mayor Ireland said last yeaz 20 beazs had to be
put down and he hopes this will help keep beazs and people safe.
7. Councilman Skadron reported he attended the RFTA boazd meeting. RFTA hired
in-house counsel, Walter Matthews. Councilman Skadron said the Boazd discussed
crossings over the Sanders ranch, where RFTA has trails. Councilman Skadron noted
BRT was discussed; final design team selection underway.
8. Mayor Ireland tol¢ Council he and Councilman Tone are going to Washington
D.C. tomorrow and will discuss with Colorado's representatives the $25 million in the
budget to create the BRT system.
Mayor Ireland left the meeting.
CONSENT CALENDAR
Councilman Skadron requested Resolution #36, Red Brick Gymnastics Pit contract, be
pulled. Councilman Torre noted there is savings in the amount of this project and asked
if the pits will have tops on so there can be other uses. Tim Anderson, recreation
department, told Council there will be some flexibility in use with snowboazders.
Anderson said they will look at other possibilities. Councilman Romero asked if staff is
comfortable with the low bid selection, which is much less than anticipated. Anderson
told Council this company has done work with the city and received good
recommendations. Anderson said staff reviewed this with the engineering department;
everyone seems comfortable with this. Anderson pointed out the previous estimates were
at $250,000 and the bid is about $70,000.
Mark Fuller, Ruedi Water and Power Authority, told Council Resolution #40 is being
circulated throughout the valley, support for the Roaring Fork Watershed Plan. Fuller
said this is to raise awareness of the watershed campaign. Fuller told Council there is a
floating summit down the Roaring Fork, sponsored by the water conservancy, June 10`h
Fuller told Council this floating summit will bring officials from all over the state.
Councilman Skadron asked if this watershed plan is in response to the demand on the
water supply from the east slope. Fuller said that is one aspect of the plan. The origin of
the plan goes back to the drought of 2000-2001 to be proactive and manage the local
water supplies.
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Regular Meeting Aspen City Council MaV 24, 2010
Councilman Romero moved to approve the consent agenda; seconded by Councilman
Johnson. The consent agenda is:
• Resolution #34, 2010
• Resolution #36, 2010
• Resolution #37, 2010
• Resolution #38, 2010
• Resolution #39, 2010
• Resolution #40, 2010
-Brush Creek Pazk-n-Ride Lease Agreement Renewal
-Red Brick Gymnastics Pit Construction Contract
-Red Brick Gymnastics Equipment
-Contract with Aspen Sanitation Agreement Burlingame
-East of Aspen Trail Construction Contract
- Support Process for Roaring Fork Watershed Plan
• Minutes -May 10, 2010
All in favor, motion carried.
ORDINANCE #13, SERIES OF 2010 -Urban Runoff Management Plan
Councilman Torre moved to read Ordinance #13, Series of 2010; seconded by
Councilman Johnson. All in favor, motion carved.
ORDINANCE NO. 13
Series of 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY ADDING A NEW
TITLE 28 CODE REGARDING STORMWATER.
April Bazker, engineering department, noted the urban runoff management plan is a
guidance document for development and redevelopment on drainage, storm water and
mudflow. This has been an 18 month public process which includes an improved
submittal process, local data, easier to follow guidelines and a water quality aspect. Ms,
Bazker reminded Council there have been several work sessions on this topic.
Councilman Romero said he would like as much public outreach done before the public
hearing. Councilman Johnson pointed out staff notes that suggestions from the public
meetings were incorporated and asked for staff to outline what these were. Ms. Bazker
said one of these was concern from small projects having to meet the old runoff
management plan, which has been addressed by project under 1,000 square feet of
disturbance have lesser requirements. Staff said they would summarize the public
comments.
Councilman Skadron asked about the clean river initiative. Ms. Barker said that is the
storm water prof ect approved by voters in 2007 and goals that need to be met were
established by a citizens' committee. Councilman Skadron asked if the technical
Regular Meeting Asaen City Council May 24, 2010
advisory committee's position differed from staff s final runoff plan. Councilman
Skadron asked what issues caused the most scrutiny and dissent for second reading.
Councilman Torre moved to adopt Ordinance #13, Series of 2010, on first reading;
seconded by Councilman Romero. Roll call vote; Johnson, yes; Skadron, yes; Romero,
yes; Torre, yes. Motion carried.
ORDINANCE #9, SERIES OF 2010 -Land Use Code Amendments
Drew Alexander, community development department, stated these aze code amendments
for 3 different sections of the code. The first amendment is for banners and flags on light
poles on Main street. In the past, banners and flags required Council approval and now
this is clerk approval. Councilman Skadron asked how many times would this allowed
before the light pole becomes a public forum. City Attorney, John Worcester, said once a
court considers a forum to become a public forum, Council has less discretion about what
they allow on the public forum. Council would be permitted to regulate time, place and
manner but not the content. Worcester said there is a recent court decision favoring
governmental control over public places. Worcester said this regulation would comply
with free speech.
Alexander said the next is outdoor merchandising, which falls under public amenities in
the land use code. Alexander said at a work session, Council directed staff to make
changes to the land use code to match the reality in downtown. Alexander said the
amendments allow for outdoor merchandising for businesses associated with that space;
the merchandise must be orderly and located proximate to the storefront; ingress and
egress must be maintained; clarifies the use of umbrellas and canopies and provides a
control perimeter on using these areas as storage, not actively for sale; and meets the
design guidelines for the commercial core.
Councilman Johnson asked how this will be enforced. Bendon said staff can do outreach
through ACRA and their membership. Staff can also walk azound with an information
sheet. Bendon said the difficulty in the past is a lack of clarity of what could and could
not be done. Bendon said they will do outreach and will report back to Council at the end
of the season. Councilman Johnson suggested contacting landlords so they can be aware
of the code amendment.
Councilman Torre noted the ordinance states the size and amount of merchandize
allowed is under the discretion of the property owner and asked if that is a default
position to regulate the amount of merchandize. Alexander said when displays aze on
private property and the merchandise is proximate to the store with ingress and egress
available, it is up to the landlord to decide how lazge the outdoor merchandize can be.
Bendon said the previous criterion was "representative display", which is too subjective
for a code enforcement officer. Councilman Torre said the rules keep changing and
going from messy vitality to distasteful to some citizens. Councilman Torre said the city
has been wrestling with this and allows more, then reins it in, then gets more liberal.
Reeular Meetine Aspen City Council May 24, 2010
Councilman Torre said he would like code language that reflects the desire of the
community.
Alexander said the final amendment is to the temporary outdoor food vending section in
the growth management quota system. Alexander noted this is only applicable to private
property, not public property, and the change allows the permit to go from a 6 month
permit to a 12 month permit. Alexander noted the code has no guidelines whether this
can be a sepazated into two 3 month permits or it allows someone to apply for another 6
month permit. Alexander noted this code amendment makes it cleaz one can submit for a
permit annually in May. Permits for food carts will not be vested so if there are too
many, the temporazy food cart permits aze not automatically renewed. Alexander said the
allowable locations are the CL (commerciaUlodge), gondola plaza and inner arcades of
the CC zone.
Alexander noted a requirement for notifying adjacent property owners, and the
amendment has a definition of adjacent. Councilman Torre said the Aspen Skiing
company owns the gondola plaza and if it is their desire to locate a food vending cart,
what business in the plaza will object to that. Alexander said a food vending cart in the
gondola plaza would need sign off from Starbucks and from Ajax Tavern. Councilman
Romero asked if there is a clause that prohibits one to come back continually for the same
outdoor vending; at some point a viable business needs to graduate to a permanent
location. Bendon agreed a stated number, like 2 or 3 consecutive permits, could be
added.
Councilman Johnson asked if he has a conflict of interest, because he is an employee of
the Aspen Skiing Company. City Attorney, John Worcester, said Councilman Johnson
will have to decide if he has a substantial financial or personal interest above or beyond
the public interest. Worcester stated Councilman Johnson's interest is probably the same
as the public's interest. Councilman Johnson stated he has zero financial or personal
interest in this.
Councilman Torre said he has a problem with this amendment that at the end of the year
long period, the operation shall be subject to review by the city clerk and by the
community development director and if all criteria are still met, the operator may receive
renewal. Councilman Torre stated this does not sound discretionazy enough and the
language should be amended. Councilman Torre said there are problems with this
concept; temporazy food vending inside arcades maybe all right; however, he is not
supportive of opening the CL district for food carts. Councilman Torre said he did not
feel last yeaz's experiment went well; there is not enough supervision or regulations.
Councilman Torre stated he does not support the affordable housing waiver for this use.
Bendon reminded Council at the work session; staff discussed vending on public
property, which is not being pursued; this is vending permits on private property only.
The city approved a temporary food vending permit for Dazk House coffee cart to operate
in the Ute City courtyard. Councilman Tone said he would prefer these as temporary
carts, which aze movable, and are allowed for special events or for causes.
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Regular Meeting Aspen City Council May 24, 2010
Alexander said the 3 options are how to define "adjacent", approval from adjacent
business who share boundaries; this is least onerous on the applicant. Alexander showed
a map on how this would work. Another option is to include businesses across the right-
of-way, alleys or malls, which is a greater requirement for the applicant. The third option
is to define adjacent, similar to public noticing, businesses within a 300 foot radius. This
would make it more difficult to get 100% approval. Alexander showed a map of this
proposed area.
Mayor Ireland came back to the meeting. Mayor Pro Tem Skadron opened the public
hearing.
Eric Klanderud, ACRA, told Council he and the restaurant representatives met with city
staff to go over these amendments. Alexander told Council there were no comments on
the retail merchandising aspect. There were letters against the temporary food vending
carts. Barbara Menendez, Big Wrap, told Council food carts have been a concern to her
because of the snowball effect. There are no hours of operation in the ordinance, which
would allow the vendors to operate whenever they want. Ms. Menendez asked if there is
a definition of "vitality" for downtown; getting a hot dog at 10 p.m. is not something that
would encourage people to return to Aspen. Ms. Menendez questioned the purpose of
food carts; it is not a good time do allow this because of the existing businesses struggle.
Are there regulations about allowing empty carts to sit in place or to require empty carts
be moved.
Laurel Margerum, Il Mulino, said they have concerns about this amendment. Ms.
Mazgerum noted "temporary" food cart is not temporary if one can get an annual
renewal. Ms. Margerum asked if there are aesthetic requirements for food carts. Ms.
Mazgerum said the definition of "adjacent" is important. Ms. Margerum questioned why
the city wants these carts, do they add to the vitality and how many do they want to see
and how many would be beneficial. There will be a point of diminishing return where
this will not longer be beneficial Ms. Margerum said this sends a signal of lack of
support for existing businesses and this can get out of control.
Mazk Patterson, Paradise Bakery, asked the purpose of allowing these carts, will it be
effective in enhancing the experience in Aspen. Patterson said the chances of a business
without an investment is less than people who have invested in permanent businesses.
Russell Hoflberger, Pacifica restaurant, said costs for businesses in permanent locations
have gone up; this would be adding competition. Hoflberger said he is concerned about
environmental health issues, like sinks and hot water. Hoflberger asked how late night
cart operations will be enforced. Hoftberger suggested that existing business with store
fronts, paying taxes, insurance and employees, should be allowed to have carts.
Hoffberger said this amendment would create dissension.
Lisa Haisfield, Peaches Cafe, stated she shares the sentiments of other restaurateurs. Ms.
Haisfield told Council other restaurateurs have supported her in her new business because
she went through the same process. Ms. Haisfield said she does not feel this is
appropriate in a town trying to do their best for the community and for allowing people to
Regular Meeting Aspen City Council May 24, 2010
make a living. Ms. Haisfield said vitality is created by having good core businesses. Ms.
Haisfield said temporary carts are great for events.
Shae Singer suggested there maybe retail vendors, not just food vendors, and perhaps
these could be limited to certain times, days or hours. Ms. Singer noted the Aspen
Saturday Market is now a draw to downtown; however, it started with a lot of doubts
from other merchants. Ms. Singer said there maybe food vendors with different or
unique products that could be reviewed by a committee with criteria on time, place and
product.
Mary Lynn Casper, Su Casa, said the restaurant operators feel insecure; they are working
people, trying their hardest. Ms. Casper said while events are good and bring people into
town, they often take business away. Restaurant owners count on big days. Ms. Casper
said it is not the right time to have food carts. Craig Coordts-Peazce, Wild Fig, Lulu
Wilsons, agreed with the previous speakers. Coordts-Peazce told Council killing
someone's dream is difficult; however, if there are events in town, the vending
opportunities should be given to existing restaurant businesses. Coordts-Peazce said he is
opposed to food vending carts.
Mike Haisfield, Aspen Store, said he is opposed to this code amendment, which would
have an effect on his food business at the gas station which is open 24 hours. Haisfield
said because of his location, he would not be asked about possible vending cart
operations. Haisfield said there is not a lot of late night business to go around. Andrew
Kole, CCLC, told Council the expansion of the Saturday market was slow and thoughtful.
Kole said CCLC was against the vending cart amendment; business is difficult and to
give an advantage to a cart operation when there are struggling restaurants does not make
sense. Keith Goode, Parallel 15, told Council he started business with a cart. Goode
noted there are many ways to start a cart business under the existing laws, like join an
existing restaurant without making these amendments.
Mayor Pro Tem Skadron closed the public hearing.
Bendon told Council in 2003, the city hired Frick and Beer to do a report on city
regulations and the overall message was to lighten up and one of these was to allow
temporazy food vending carts for up to 6 months. Bendon said staff came to Council and
asked what should happen after 6 months after some experience with carts in town.
Bendon explained that was the evolution of this amendment. Bendon said he would like
some direction on how to proceed on this issue and what should be explored.
Councilman Skadron said the issues he heard were enforcement and oversight on hours
and environmental health issues; the continuity of service; economics of town and why
pass this now; an opportunity of uniqueness of product; and other ways to start a cart with
the existing zoning.
Bendon pointed out the ordinance contains provisions that one must meet all the
environmental health requirements like all restaurant businesses. Bendon said there are
no provisions in the ordinance on time; the city does not regulate when businesses can
Regular Meeting Aspen City Council May 24, 2010
open or close, or continuity of service versus special events. Bendon said there are
opportunities to open up a vending cart business for 6 months.
Councilman Johnson said he looks at this through economic sustainability and
encouraging vitality and what the city can do. Councilman Johnson said the proposed
amendments for banners on Main street makes sense; the merchandising for retail
supports businesses and encourages vitality. Councilman Johnson stated he favors
vending carts but not at this time in the current economy. Councilman Johnson said he
feels vending carts would be hindering vitality. Council should look at this proposal in
better economic times; the city should support existing restaurants and their efforts.
Councilman Johnson said he is not comfortable with the notion of business granting
approval to other businesses; landlords are in the business of putting the mix together for
their property.
Mayor Ireland said there is a tension between vitality and exclusivity and eliminating
competition. Mayor Ireland said the city may not have the latitude to make the pie bigger
in these economic times. Mayor Ireland said people who frequent push cart vendors may
not be interested in sit down restaurants. Mayor Ireland said the vitality issue requires a
longer range view and to give people a memory to go home with and to bring people
back. Mayor Ireland said good points were brought yup about regulations, about keeping
the cart looking nice, about interference with other businesses. Mayor Ireland said he
would not want to see everyone who wants a cart to have one; this would be chaos.
Councilman Romero said he agrees with the merchandising part with more information;
he supports the amendment to banners on light posts on Main street. Councilman
Romero said the message that is important to him is supporting the local businesses and
not to further the vending carts regulations.
Councilman Torre stated he supports the sign amendment and the outdoor merchandising
and not to make any changes to the temporary food vending part of the code.
Councilman Torre said the hours of operation should be looked at when this code
amendment comes back to Council. Councilman Torre agreed there are opportunities to
start a cart business with the existing core. Councilman Torre suggested staff or ACRA
asked the existing businesses if they are interested in outside extensions of their
businesses or form an association with a person interested in running a cart. Mayor
Ireland said Aspen is a beautiful city and the community has to be careful not to undo
that beauty.
Councilman Torre moved to adopt Ordinance #9, Series of 2010, amended by having no
changes to the outdoor food vending portion of the land use code; seconded by
Councilman Johnson.
Bendon noted that motion would eliminate section 1 and leaves in outdoor merchandising
and the main street banner section. Councilman Romero suggested continuing this for 2
weeks to let ACRA make their comments on both outdoor merchandising and temporary
food carts.
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Regular Meeting Aspen City Council May 24, 2010
Mayor Pro Tem Skadron stated the brick and mortar businesses in Aspen carries an
extreme burden and any change that adds to that is inappropriate. Mayor Pro Tem
Skadron said he thought outdoor vending went towazds meeting Council's goals to make
Aspen more accessible to those of moderate means. Mayor Pro Tem Skadron said that
accessibility is being met with the re-opening of the Red Onion, a burger joint on Cooper
avenue, the re-opening of the Popcorn Wagon.
Councilman Torre moved to continue Ordinance #9, Series of 2010, to June 7; seconded
by Councilman Romero.
Bendon told Council the amended ordinance will contain provisions about Main street
flags on light poles, will do some outreach to ACRA about the outdoor merchandizing
and will drop the food vending and stay with the existing code.
All in favor, motion carried.
Councilman Torre recused himself due to a conflict of interest.
ORDINANCE #2, SERIES OF 2010 -Aspen Club Final PUD
Jessica Garrow, community development department, reminded Council there was a list
of six issues unresolved from the last meeting as well as the mass and scale issue. The
first issue was club accessibility and originally the applicant proposed that at least 50% of
the members of the club need to be locals and if that threshold was not met, city
employees would get a free membership, which changed to non-profit groups. At the last
Council meeting, this section was eliminated.
The second issue is programming costs and that it should be incorporated into the list of
reinvestments committed to by the applicant. Section 24 of the ordinance lists items the
applicant has committed to, like upgrading HVAC and energy efficiencies, buying new
weight equipment. Added to this list are programming costs and program development
costs. The third issue is assurances that the ownership won't change between approval
and certificate of occupancy. The applicant can respond to this issue. The fourth issue
regards right to build single family houses on the property, which right will be eliminated
when the approval is granted.
The fifth issue regards the reporting requirement for traffic. The applicant has committed
to zero traffic growth and the TDM plan has methods to make that happen. The Aspen
Valley Hospital application has a 10 yeaz reporting requirement for the traffic; staff
recommends a 10 year report requirement for this application. A second option is a 10
yeaz reporting requirement at which time the applicant could ask for waiver of future
reporting. The third option is traffic reporting for the life of the project. Ms. Garrow
noted if Council wants to adopt a requirement based on average annual daily trips, staff
recommends adopting the TDM and ordinance language in exhibit Z.4.
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12evular Meeting Aspen City Council May 24, 2010
Ms. Garrow noted staff has included a requirement for a cash payment for a cross town
shuttle and to institute paid parking. Staff does not want a lump sum payment if the
applicant does not meet their traffic goal. Ms. Garrow said the idea is that the applicant
would pay for transit service, which has a direct relationship to decreasing trips, which is
why that payment is incorporated into the ordinance. Ms. Garrow said the TDM toolbox
has both carrots and sticks and paid pazking is the ultimate stick, which should be used
only if other TDM tools do not work.
Ms. Garrow said after the last Council meeting, staff asked the applicant to look at
options for scale and massing. Ms. Garrow presented a slide showing the current site
plan, which was approved by Council and P&Z conceptually. Mass 1 is units 1 through
4; mass 2 is units 5 and 6, which are the units staff had some concem about, and mass 3 is
units 7 through 10. These are all on the lower bench of the property. Staff felt mass 2
disrupted the view of the corridor and was not an appropriate experience for this azea of
town. The applicant proposed eliminating mass 2 and sliding one unit into mass 1 and
one unit into mass 3. This consolidates the open area and breaks up the mass and creates
a connection to the riparian area.
Another option is to eliminate mass 2 and replace it on the Club building. Staff
encouraged the applicant to look at this option; however, when the 2 units are moved to
the club building, this creates the potential for a building along Ute avenue which is 38'
to 40' high and staff feels is inappropriate in this location. The current proposal is 28',
which is the allowed height in this zone district.
Option 3 is the same site plan as option 2 eliminating mass 2 and incorporating the units
into mass 1 and 3, which creates long and narrow units. This would make the units
infringe upon a stream mazgin azea. The units would have to be pushed towazds the
upper bench, creating a problem changing how the garage can be landscaped and
screened. Ms. Garrow recommended option 1 which addresses the concerns to create a
riparian area and to consolidate the open space and decrease the perceived mass on site.
Ms. Garrow noted exhibit Z.14 are letters from Maureen Ken, Denison Levy, Anne and
Clarence Blackwell and Jim Perry, and Bob Hoover opposed and the Powderhouse condo
association with some concern about the trail along Ute avenue; ;Robin Whitlin, EJ
Christensen, Matthew Hole, Chuck Frias, Pamela Zuker, John Solich, Jeannie Carter,
Richie Pearlstone, John Rigney, Linda Spada Magill, Kathy Fry, Georgeanne Waggaman,
Valerie, Helen Burnett, Emily Gazaffa, Amanda Proust, Mickey Lapin, Renee Fleisher,
Colleen Barrow, Larry Stoble, Gabriele Rafelson, Mazy Cate Hauenstein, John Clenedon,
Tim Clark, Steve Clemmons, Ricardo Fantini, Warren Klug, Mark Rockham, Eliza
Beckham, Chris Davenport, Saza Pletts, and Michael and Laurie Murray in favor.
Michael Fox, applicant, told Council they have been going through the approval process
for 3 years and have been presented with numerous requests, suggestions, aimed at
improving the Aspen Club project. Fox said the process has resulted in a stronger
project. Fox said he understands the concern about continued ownership of the
company. Fox said he plans to retain control of the company; he has spoken to numerous
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Regular Meetin¢ Aspen Citv Council Mav 24, 2010
bankers and that condition would cripple the project and make it almost impossible to
finance the project. Fox stated Aspen Club Living is the right project for Aspen and for
Aspen in the future. It is low impact on the neighbors, on the environment and on
growth. The project is high impact in providing jobs, in helping the tourist economy, in
creating healthy economy for the town. Fox noted there is wide spread community
support for the project.
Mayor Ireland opened the public hearing.
Chris Klug stated he is representing supporters of the project. The applicant and the
public have gone through the issues with Council. Klug said this is a community asset; it
will benefit locals and visitors long into the future. Klug urged Council to vote yes on the
project. Marcia Goshorn said Council's chazge in public service is to do what is in the
best interest of the greater good. Ms. Goshorn said this application gives a long time
business, a long time supporter of the non-profits, the ability to compete in a new reality.
It will give Aspen something they can be proud of and it will put Aspen ahead of the
curve.
Cliff Weiss, P&Z member, urged Council to vote against this development as this much
square feet is not appropriate on a dead end street. Weiss noted the community was
promised traffic controls in an earlier application that were not forthcoming. Weiss said
with all the proposed development, traffic cannot be kept at the same levels and the city
should mitigate for that increased traffic.
Jeannette Darnauer, representing Ute Avenue neighbors, stated she has listed to Council's
concerns about this project. Ms. Darnauer noted many public have told Council the
services of the Aspen Club aze important to them and are expressing their fears the Club
may go away. Ms. Darnauer said Council is elected to set policy and future direction for
the community and to uphold the laws and to do what is right. Ms. Darnauer questioned
the appropriate role of government in securing the future of a private business. Ms.
Darnauer urged Council not to base their decision on what might happen; the Counci]
should let the free market work. Ms. Darnauer said government cannot protect against
every possible negative scenario. Ms. Darnauer said the purpose of private businesses is
to serve the public in some fashion; providing a service to the public does not mean
providing a public benefit. Ms. Damauer urged Council to turn this application down for
the future of the community.
Paul Copaken, Ute Place, said most of the testimony in these hearings has been about the
operation of the Aspen Club, how good it is, how important it is to the community.
Copaken stated that is not the subject of the zoning request, which is to build 521iving
units, to put $5 million into a private business. Copaken said the underlying message is if
this is not approved, the business will close. There has been little time spent on land use;
most of the conversation has been about traffic. Copaken noted the Stillwater home
association says they own the cul-de-sac. These plans call for an expansion of the cul-de-
sac and the applicant does not have ownership of the land. Copaken questioned whether
any private business can assure the Council they will be in business in one yeaz or ten
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Regular Meeting Aspen City Council May 24, 2010
years. The Aspen Club will survive or not by the demand of the public and what the
trends are in health care. Copaken said agreeing to zero growth in traffic is a positive
thing. Copaken pointed out the way the ordinance is written traffic can increase 363 out
of 365 days/year. There is no perpetual monitoring. The sanctions are monetary and the
city is the enforcer.
Dave Mullar, Fair and Pearce transportation firm, told Council he was requested to look
at the zero traffic growth language and ways to make it more of a reality. Mullar said it
should be verifiable, easily implemented, performance based, it be transparent and
flexible, and allow the business to operate. Mullar suggested a one yeaz monitoring
period to establish the base conditions of traffic going to and from the Club. After the
project is built, it is measured again using the same techniques to compare the date and
report it bi-annually. If it fails, sequential techniques should be implemented to ratchet
down the traffic. Mullaz said all the traffic should be checked, not just peak days, not just
a couple of weeks/year.
Mayor Ireland closed the public hearing.
Fox pointed out staff recommended traffic monitoring two times/year. If Council directs,
then the applicant will do a year study with continuing monitoring after that. Councilman
Romero asked about the conditions regarding accessibility to the club, which has been
dropped. Councilman Romero said he is still concerned about the ownership issue;
however, that condition may not be the best mechanism to achieve surety. Councilman
Romero said he finds reliance in that the agreements aze in writing and those should be
able to stand on their own and reflect supporting the community and its own best interest.
Councilman Romero said tethering an applicant to a particulaz application does not
achieve what Council was trying to achieve. Councilman Romero said staff and the P&Z
reviewed the issue of scale and mass; there were no public comments about that issue.
Councilman Romero said he likes the commitments to physical improvements and the
programming. Councilman Romero said the club is vital and essential to the quality of
life in Aspen. Councilman Romero said he feels the benefits from services provided by
the club extend throughout the community. Councilman Romero said the ordinance has
to stand on its own.
Councilman Skadron said he would like to be able to approve this application; however,
one difficult issue is the role local government should play. Councilman Skadron asked
about program development and programming and does this include community events,
like project graduation, or is programming classes offered. Fox said the response was
how the applicant is going to reinvest in the club. Fox noted project graduation is already
being done, space for the Komen foundation already occurs; these are not part of the
reinvestment. Fox said he is committed to continuing project graduation. Councilman
Skadron asked if there is a commitment that the fractional fee owners cannot make the
programming go away. Fox said there is. Ms. Garrow pointed out Section 31
incorporates commitments made by the applicant regarding operation of the club. The
club is required 40 operate as a recreation club as long as the time shaze ownership exists
on the property. Memberships of the club have to continue to be available to the public
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Reeular Meetine Aspen City Council Mav 24, 2010
as long as time shaze ownership is on the property. The covenants will state the
fractional owners have no right to terminate or restrict operation of the club.
Councilman Skadron asked if particular equipment is referred to as that commitment has
to do with the benefit to the community. Councilman Skadron asked if there are enough
protections in the ordinance to guarantee what the community thinks it is getting will
happen. Ms. Garrow said one of the intents of Section 31 is that the time share owners
cannot control what happens at the club; it is its own separate entity and that is a reason
to go through subdivision, the club is on lot 1. This clearly sepazates the ownership.
There is nothing in the ordinance that guarantees a certain piece of equipment will be
there forever. Councilman Skadron asked if covenants can be placed on this approval
which would include all the commitments that add up to the community benefit.
Councilman Johnson asked about the issue of the cul-de-sac. Tricia Aragon, city
engineer, told Council the city owns additional right-of--way around the cul-de-sac. The
improvements requested by staff aze to widen it on the outside within the city's right-of-
way. Councilman Johnson asked why the staff struggled with this application. Ms.
Garrow said staff feels the concept is a good one; it is appropriate for Aspen and for the
neighborhood. Staff had issues with mass and scale and has forwarded that
recommendation throughout the process. Councilman Johnson asked if all reviews, like
PUD, growth management, stream margin review, have been through all the appropriate
reviews and staff is supporting the project. Ms. Garrow said all reviews have been
completed; staff feels this project meets the requirements of the land use code.
Councilman Johnson said the criterion for SPA is to show some public benefit.
Councilman Johnson said if feels comfortable that there is some public benefit and that
the project has met the land use code, then the project could be approved. Ms. Garrow
said the public benefit is a threshold question with the SPA and in order to gain an SPA,
the project has to meet that threshold. The SPA would allow the affordable housing to be
on site; lodge and timeshaze are not permitted in this zone and the SPA would allow that
use.
Councilman Johnson said he feels the TDM plan is thorough; administering the baseline
and monitoring the process is important and is a public benefit. Trails are a public
benefit. Affordable housing, which is addressed in the AACP, is a public benefit. Hot
beds, jobs, volume of membership all touch on public benefits. Staff, the applicant, PZ
and Council all have worked on this. Councilman Johnson said to be a viable business,
the Club needs to stay open and available to the public. Councilman Johnson said he
likes option 1 for scale and mass.
Mayor Ireland asked if this property is currently listed for sale. Fox said it is not. Mayor
Ireland asked if the ownership units are for sale. Fox said they are not. Mayor Ireland
asked if there has been negotiations to buy any of these units. Fox said there have not.
Mayor Ireland asked if there are restrictions about employees pazking in the upper lot.
Fox said in season there are restrictions; the Club requires non-managers to park on the
Crystal Lake side in season. Mayor Ireland asked if there is a fine for that. Fox said
there is and it is $50. Mayor Ireland asked if the Club makes money. Fox said it does but
14
Regular Meeting Aspen City Council MaY 24, 2010
his aim is to make the club better, improve the program, adding other layers of
participation, entice out of town people creating a destination facility for health and well
being.
Councilman Romero agreed the community can rally around the concept of healthy
living. Councilman Romero said the Club is a component of the demographic mazket
place for Aspen. Councilman Romero said this is a risky venture and Aspen seems to be
the right place to try this out and improve on committing to community values.
Councilman Romero noted there is a bed base being brought into Aspen which is a public
benefit. There has been an erosion of the bed base over the past 15 years. Councilman
Romero said he likes the concept of trying to provide continuity in the public benefits.
Mayor Ireland agreed about the continuity of public benefits but there needs to be a
mechanism to insure that continuity. Mayor Ireland said there is nothing in the ordinance
to provide consequences if future owners of the Club decide the business does not work.
Mayor Ireland said there is no great public benefit if it can be terminated and disappear
with no consequences. Fox said they included a condition about 50% of the membership
being locals. Mayor Ireland saying paying for transit that people chose not to ride does
not solve the problem. Mayor Ireland stated he does not see strong performance
measures in the TDM that aze enforceable. Fox said the institution of paid pazking is part
of their traffic management plan. Fox pointed out there was a condition about local
access to the club; however, Council indicated they were not that interested in that
condition and it was removed.
Mayor Ireland suggested that the club, as a separate entity, bemember-owned. Fox said
this plan works for the applicant, it is exciting, and it does have defined public benefits.
Fox said he is willing to address the membership issue, defining local members, so that it
will have to continue to do business in Aspen. Worcester suggested the applicant discuss
with his partners how he will guazantee the public benefits into the future. Fox said he
would like to know what kind of covenants the Council would be comfortable with.
Councilman Johnson asked if Council is comfortable with mass and scale and is the
continuity of the Club the last piece of the covenants. Councilman Skadron said he
prefers option 1, which would garner staff approval. Councilman Skadron said he is
looking for assurance that the benefits promised to the community will exist into the
future. Councilman Skadron said many people testified to the benefits of the club to
them; however, there are no guarantees that these benefits will be there tomorrow. Fox
said the odds of the benefits going away are higher if this project is turned down. The
odds of the benefits existing are higher if Council says yes. Fox said both the applicant
and the Council are taking risks to try and create something for the community. Mayor
Ireland pointed out the applicant is getting a guarantee; an approval by Council cannot be
revoked by Council.
Fox noted he took the condition regarding the percentage of local membership out of the
ordinance as Council said it was not that important. Fox state he is willing to put that
back in without an end date. Fox said he had a condition stating he would be the
15
Regular Meeting Aspen City Council May 24, 2010
managing member, at least through c/o; he is willing to take that commitment as he feels
it is important. Fox said he can commit to add in that two offices for non-profits will
exist in the Club, that the Club will continue to host project graduation into the future.
Mayor Ireland said having local membership will not insure that the programs continue
and the primary benefit is that the Club will continue operating for the community.
Councilman Romero said the applicant is willing to re-institute the commitment to stay as
the managing partner until c/o. Councilman Skadron said he would prefer to think this
through rather than amend the ordinance right now. Councilman Romero said section 30
outlines a commitment to continuity of the club. Mayor Ireland pointed out Section 30
as written provides no consequences for failing to meet the goals. Mayor Ireland noted
Councilman Skadron is proposing if the programs are not delivered and are not available,
there will be a payment into a fund, there is a consequence. Fox suggested setting up a
fund from a percentage of the fractional fee sales available if the club does not meet the
public benefits it is stated.
Mayor Ireland moved to continue Ordinance #2, Series of 2010, to June 15` at 2:00 p.m.;
seconded by Councilman Romero. All in favor, motion carried.
Mayor Ireland moved to go into executive session at 10:50 p.m. pursuant to C.R.S. 24-6-
402(4)(e) determining positions relative to matters that maybe subject to negotiations;
developing strategy for negotiations; and instructing negotiators; seconded by
Councilman Romero. All in favor, motion carried.
Councilman Romero moved to come out of executive session at 11:02 p.m.; seconded by
Councilman Johnson. All in favor, motion carried.
Kat S. Koch, City Clerk
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