HomeMy WebLinkAboutminutes.council.20140825Regular Meeting Aspen City Council August 25, 2014
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SCHEDULED PUBLIC APPEARANCES. ................................................................................................. 2
CITIZEN COMMENTS AND PETITION ................................................................................................... 2
COUNCILMEMBER COMMENTS ............................................................................................................ 5
CONSENT CALENDAR ............................................................................................................................. 5
Resolution #97, Series of 2014 – Aspen Junior Hockey Lease ........................................................ 6
Resolution #101, Series of 2014 – South Monarch Street Pedestrian and Drainage Improvements
Project – Change order ...................................................................................................................... 6
Minutes – August 11, 2014 ............................................................................................................... 6
Resolution #102 – Approval of the COA Lease for Space at 101 Founders Pl ................................ 6
Suites 104 and 105. ........................................................................................................................... 6
Ordinance #27, Series of 2014 – 417 and 421 W. Hallam Street, Amendment to Landmark Designation .. 6
Resolution #103 – Series of 2014 – Police Department Temporary Use at Obermeyer Place ..................... 6
Ordinance #21, Series of 2014 – 301 Lake Avenue, AspenModern Negotiation for Voluntary Landmark
Designation ................................................................................................................................................... 7
Ordinance #22, Series of 2014 – Rubey Park – PD Amendment ............................................................... 12
Ordinance #24, Series of 2014 – Charter Amendment regarding Council Vacancies ................................ 14
Ordinance #25, Series of 2014 – Charter Amendment regarding Term Limits .......................................... 14
Resolution #99, Series of 2014 – Submitting Charter Amendment to the Electorate regarding Council
Vacancies .................................................................................................................................................... 14
Resolution #100, Series of 2014 – Submitting Charter Amendment to the Electorate regarding Term
Limits .......................................................................................................................................................... 14
417 and 421 W Hallam Street – Notice of Call Up for HPC Conceptual Approval ................................... 16
Ordinance #20, Series of 2014 – Chart House and Dancing Bear Lodge PUD Amendment – Pedestrian
Tunnel ......................................................................................................................................................... 16
Regular Meeting Aspen City Council August 25, 2014
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Mayor Skadron called the meeting to order at 5:10 p.m. with Councilmembers Mullins, Daily, Frisch and
Romero present.
SCHEDULED PUBLIC APPEARANCES – Historic Preservation Commission of the Year Award
Amy Simon and Sara Adams from the planning office and Jay Maytin, chair of the historic preservation
commission, shared that in July the HPC was named nationally as the historic preservation commission of
the year. Ms. Adams accepted the award in Philadelphia. The award was given by the National Alliance
of Preservation Commissions. They were nominated by the Colorado Historical Society and the National
Trust for Historic Preservation. The recognition was given due to the AspenModern program.
CITIZEN COMMENTS AND PETITION
Citizen comments
1. Tim Murray stated he has had no relief from construction noise at a neighboring property. He
said the excavation has gone on for five months and a change order is in the works to extend for
another seven. He said this timeframe does not comply with the Colorado noise related statutes,
25-12-103. He said on the basis of these statutes the original permit was issued in error because
the excavation goes on for an unreasonable amount of time and the change order is illegal.
Trish Aragon, engineering, said the construction management plan is used as a guide to
coordinate with other projects and special events in the area. It is not used to limit construction
within the timeline of the plan. Mayor Skadron said he understands the concerns over quality of
life issues and there is a Council top ten goal to address this.
2. Mike Maple – 1250 Mountain View said the AspenModern program would not exist without the
work of the HPC taskforce. He congratulated Council for passing the lodging ordinance but it
does not go far enough. The lodging problem started in the 1970’s with the affordable housing
emphasis where small lodges were converted into affordable housing. He said he has an issue
with the construction management process and the amount of time it takes to issue a residential
building permit, four to five months is not acceptable. Something is terribly wrong if we can’t
timely service the citizens with providing a building permit.
3. Cavanaugh O’Leary stated he is a co-sponsor of the petition to have ordinance 19 submitted to
voters. The unofficial count after two days is they have around 400 signatures. He is confident
they will reach the number they need to have the ordinance submitted to the voters. He said he
worked the Saturday Market with the petition and spoke to lots of visitors who were unable to
sign and everyone was against it. The possibility of 60 foot lodges would ruin the character of
the town. He is concerned the law might be unenforceable. He is asking instead of going through
with the petition process to respectfully ask Council to refer the matter to the voters themselves.
He said he is a believer in the right to vote.
4. George Benninghoff stated he has also been soliciting the petition. He said he has anxiety of
approaching strangers but talked to 100 people and obtained 50 signatures. He said he explained
the ordinance as best he could and found amazing support for signing. Mayor Skadron asked
him what he asked. He said he presented the ordinance and talked in lay terms of the potential of
height and blocking views of the mountain as well as the incentivization of city monies that may
flow to developments. He said he is only here to try to create more clarity.
5. Ritchie Cohen said he was in the trenches for the development Mr. Maple spoke about. The
reason why old lodges were taken over to fill in the affordable housing is they weren’t going to be
renovated. It was subjected to many meetings and two full city votes. The concern was height
with 52-57 feet above height grade in specific places. His concern with this ordinance is learned
with the art museum and height is whatever you want to make it. Citizens were not asked about
it. The citizens should have a public vote and a say in how things are constructed. He is
confident they will be able to force this into a vote situation. He suggest that Council change it
and make a process the community feels good about.
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6. Michael Behrendt, St. Moritz, said as a small lodge owner he wants to refer ordinance 19 to the
voters and the people who live here. He said there is a lot in the ordinance for big growth. Let
the people speak on this.
7. Carl Hecht, told the council he has worked on the petition for 30 hours and has gotten 110
signatures. He said voter sentiment is running above 95 percent against the ordinance.
8. Marsha Goshorn said she does not want the ordinance burned and thrown out completely but it
does need to be revisited. She said a maximum height limit would go over better. She said she is
bothered that the ordinance never came before the housing board. She said the fees are way too
high for what happens in this town and the small lodges can’t afford them and should receive the
waivers not rebates.
9. Carol Blomquist, small lodge owner, said she is here to sign the petition. She said she does not
see a lot for little lodges. She would go to the bank to get a loan and has no desire to compete
with a large lodge. She asked if we really need more lodges and beds.
10. Blanca O’Leary stated it would mean a lot to a lot of people if Council let the people vote and
refer the ordinance to them. All aspects of the ordinance will dramatically effect Aspen. She said
they are not against all development but at this point we need to let the people vote.
11. Rickie Newman said she agrees with everything that has been said. We are still reeling from
what happened to the art museum and this is the same type of problem. Aspen is a town and
more of a home than other ski resorts and we will lose that feeling if we keep getting bigger. She
asked Council to please take it to a vote.
12. Bert Myrin- gave each councilmember a copy of referral packet and copy of the paper editorials.
He asked council to circulate the petition and get signatures. Not because the ordinance is right
or wrong but it is the right process. He encourage Council not to steal this from the voters. He
said there is a great deal of education needed. Mayor Skasron said council will have a difficult
decision as to how to proceed and said council initiated this process to address the problem of a
re-invigorate bed base. He said the process is good but what he doesn’t hear from the proposal is
the desired direction in an attempt to fix the problem but only the process. Mr. Myrin said the
question in front of the voters says we would respectfully demand to refer to the electorate. That
is the primary goal. He said if the vote is no it would only put everything on pause for six
months. Councilman Romero said the process is being perused rather than a set of alternatives.
He said the legislation has been out there for two years and there are parts and pieces that are very
relevant. Mr. Myrin said if it was killed tonight you would lose the education. He said if the
referendum was not started until tomorrow they would not be here tonight to urge Council not to
steal it from the voters. Jim True, city attorney, said under the charter if they are successful in the
petition drive it has to come to council for rescinding or refer to the voters. There will be an
opportunity for council to consider rescinding. Mr. Myrin said they are creating a distrust
situation. Mr. O’Leary said he is against the ordinance but does not want to impose his views on
everyone and that is why it should go to a vote. As far as the bed issue he said there are plenty of
beds here right now and it is a decision for voters to make. Do we want the city to be more
crowded. It has somehow slipped by the people. If voters say no they still have all of the
information from the past two years and might be able to quickly bring something back to the
table. Going through the voting process will bring out more response from the citizens.
Councilman Frisch said they already won and if it goes to the voters the next six months will be a
touchdown dance around city hall. He said spending any time talking about voting and less time
solving the problem is rubbing salt in the wound of what’s going on. He thinks representational
government has worked perfectly. He said they will win with at least 60 percent or more. He
asked what the goal of the people concerned is. If the goal to put a stop to the lodging incentive
program and have a dialog, while they have been meeting for the last 2 years, fine. If it is about
kicking off political campaigns or making amends for the art museum it will turn into a circus.
He said he can’t get by any other reason why there needs to be a multi-month political dance. He
is not sure how going from infinity to four is an issue. He said they should take the win and start
the dialog as to what needs to happen to stop the problem. Mr. O’Leary said it has been going on
for two years but all of these people did not know about it so something failed. There was a
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failure in the process about letting the people know. He said it is not about rubbing salt but the
big issue and what the people need to speak to. Mr. Myrin said things come out during elections
and the community will be more involved. It is not a bad idea to check in with the voters.
13. Phyllis Bronson said it is not about just the process. The issue people are angry about is going
above three stories. It is speculative real estate not lodging. Pretending it is about the lodge and
not the 4th story being pent houses is what they object to. She wants due process and feels
blindsided about what happened to the art museum.
Councilman Daily said the integrity of Cavanaugh is unparalleled. When he voted in favor of the
ordinance he told everyone he struggled with the height issue. He concluded trying to incentivize
development needed an additional tool in the tool box. He said he has come to feel that the risks of
enabling one or more 60 foot high buildings, even on the uphill edge of the commercial core area, are too
great. Buildings of that potential height are too out of scale with our small town character. Before this
conversation he was prepared to seek further consideration of the ordinance for that one reason alone.
Did we really get it as right as we could for the community. He said he has no personal stakes and is
trying to get it right from the legislative side. At this point he agrees with his fellow councilmembers that
what is in the best interest of the community is if they sent the whole ordinance out to a yes or no then
they have to go back and revisit. There is an opportunity tonight to take it upon themselves to reconsider
and get closer to what is right in their own views. He would rather do that than wait a year and not have a
lodge incentive ordinance for a year. He does not want to take away the opportunity to vote. Give
council a chance to revisit before sending the entire ordinance out to be thrown in the trash. Can we get
to a better place quicker in a different way, thinks we can.
14. Maria Morrow said she loves this town and the small town character. She said this has been an
extensive process with input given. There is no surprise in what we heard today and the job of
Council is to balance these concerns. She welcomes input but the objections and concerns were
voiced and Council weighed them. She said it is ironic that these people were excluded from the
process. She said citizens can’t draft the code especially when it involves the balancing this
needs.
15. Toni Kronberg said she doesn’t want to throw the entire ordinance away but revisit it. She urged
Council to rescind and if it goes to voters it is lost time. She said to give them what they want not
through the vote but by rescinding it. Ms. Kronberg asked if it is possible to put on the
November ballot an advisory question for a mass people mover to connect Aspen to Snowmass in
the form of “should council explore the possibility of constructing a mass transit people mover
gondola known as the aerial connection with loading points at Rubey Park, Buttermilk, Airport,
Highlands, Brush Creek and Snowmass”.
Mayor Skadron said he would entertain a motion to refer to the voters but ask that happen prior to
tomorrow’s meeting. Because of the importance of the action itself he wants to make sure Council and
the public understand the implications. He will call for a motion to refer the issue to the ballot. Should
council vote yes supporting the motion to refer to the ballot, at that time he would ask that one member of
the three who supported, call for a reconsideration of the ordinance so the ordinance does not take effect
in the interim between now and the November vote. Should the motion fail, those supporting the petition
and referendum would get the remaining signatures or there can be a motion to reconsider in the absence
of the referral to the voters. Mr. True said the reference to the voters by the Council is for a proposed
ordinance. The motion to reconsider would be so it would not be effective. He said it would not mute the
referral since council would do that. The motion to reconsider falls under rules adopted in 1985 and can
be done at the next regular meeting. The motion to reconsider could be made tonight or tomorrow since
the regular meeting will be continued. Councilwoman Mullins said it is clear that we failed terribly at the
public process and looking to the lodging community did not get the information out to the public. She
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said she received numerous phone calls and emails thanking her for voting against it. It is a disservice to
the town to perpetuate with what could be a contentious vote. She said the issue is black and white and
when it goes to a vote there is misinformation and misunderstanding around a vote and it can be spun in
certain ways. We don’t know what is being objected to if it is voted down. Her main objections are
height, affordable housing impacts, and existing lodges and condos not receiving enough support, new
development incentives are too aggressive and do we need more beds. There is no question we need to
improve the beds but do we need more. If it goes to a vote we are not sure what people are objecting to.
If it passes quite a few people in town are unhappy. Many times a settlement is a better situation where
you can agree to an agreement as opposed to a vote where some are happy and some not supportive at all.
Council needs to present an ordinance that gets the majority of the community supporting it. The petition
has upped the visibility. If it goes to a vote it will be three months to vote then six months before re-
introduction. She encouraged one of the Council members who voted for it to move to reconsider. This
way it will be almost as if it was continued and could be up and running sooner than later. We can have a
better ordinance in 6 months.
COUNCILMEMBER COMMENTS
1. Councilwoman Mullins said the mac and cheese festival is next Saturday and the
Councilmembers have been invited to be judges.
2. Councilwoman Mullins went to the top of Smuggler Mountain last weekend and the parks
department has done a terrific job with building the trails and the signage.
3. Councilman Frisch said hats off to the community for the bike race.
4. Councilman Frisch said pulling off the lodging ordinance does not stop anyone from bringing an
advisory question to the board.
5. Councilman Romero said the family of Mackenzie Langley is trying to modify their residence
and spoke to Staff and the HOA to appeal to the community to rally around it.
6. Councilman Romero said he has been perusing residence alternatives for the housing for the
employee of the Red Butte Cemetery and encourages the trial process.
7. Councilman Daily said the bike race was awesome.
8. Mayor Skadron complimented Nancy Leslie and her team for their work on the bike race.
9. Mayor Skadron thanked Graham Slaton and the Wheeler for putting on the Mountain Film Fest
and it was a great event.
BOARD REPORTS
1. Councilman Frisch said the Nordic council is finishing up a multi-year Nordic plan with more
information in September.
2. Councilman Frisch attended the CORE meeting and they are generating the funds needed to
support their programs.
3. Mayor Skadron attended the RFTA board meeting and ridership is up 20 percent for 4.8 million
rides.
CONSENT CALENDAR
Resolution # 101- S Monarch Street Pedestrian and Drainage Improvement Project
Councilwoman Mullins said the budget increases by 20 percent and asked how this was misses from the
original bid. April Long, engineering, said parks determined they needed to handle the drainage and
engineering recognized there was a drainage problem. Mayor Skadron said it is a sole source change
order and asked how it results in a cost savings. Ms. Long said the savings come from the contractor and
design team who are already on board and understand the project. Trish Aragon, engineering, said the
budget is a combination of the general fund, parks and storm water and budgeted in all three funds.
Regular Meeting Aspen City Council August 25, 2014
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Resolution #97 - Aspen Junior hockey lease-
Mayor Skadron said the improvements are needed to meet the governing body standards and asked if the
changes will supplant other opportunities. Sean Hathaway, aspen junior hockey, told the council it will
increase opportunities for local players. The governing body is USA hockey and part of their
development model is to provide an off ice program. Currently there is no off ice training facility. This is
one of the items needed to qualify to apply for national status. Tim Anderson, recreation department, said
this will be good for everyone.
Resolution # 102 – Approval of the COA lease for space at 101 Founders Pl, suites 104 and 105.
Councilman Romero said he checked in with staff on the economics and they are in market.
• Resolution #97, Series of 2014 – Aspen Junior Hockey Lease
• Resolution #101, Series of 2014 – South Monarch Street Pedestrian and Drainage Improvements
Project – Change order
• Minutes – August 11, 2014
• Resolution #102 – Approval of the COA Lease for Space at 101 Founders Pl.
Suites 104 and 105.
Councilwoman Mullins moved to adopt the consent calendar; seconded by Councilman Frisch. All in
favor, motion carried.
Ordinance #27, Series of 2014 – 417 and 421 W. Hallam Street, Amendment to Landmark Designation
Sara Adams, community development, told the Council this will amend the landmark designation
boundaries. Currently it is a duplex, half 19th century miner’s residence that was designated in 1992 but a
clerical error designated the wrong half of the duplex. This will amend that and designate the entire site.
Councilman Frisch moved to read Ordinance #27, Series of 2014; seconded by Councilman Daily. All in
favor, motion carried
ORDINANCE NO. 27
(SERIES OF 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE
LANDMARK DESIGNATION FOR THE PROPERTY LOCATED AT 417 AND 421 WEST HALLAM
STREET, LOTS D,E, AND THE EAST 39 INCHES OF LOT C, BLOCK 36, UNITS A AND B OF THE
HALLAM STREET CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN,
STATE OF COLORADO
Councilman Romero moved to approve Ordinance #27, Series of 2014 on first reading; seconded by
Councilman Frisch. Roll call vote; Councilmembers Frisch, yes; Mullins, yes; Daily, yes; Romero, yes;
Mayor Skadron, yes. Motion carried.
Resolution #103 – Series of 2014 – Police Department Temporary Use at Obermeyer Place
Chris Bendon and Richard Pryor and Jeff Pendarvis represented the City.
Chris Bendon, community development, said they are recommending approval of a temporary use request
for spaces within the Crescent building. This will serve back of house and administrative needs of the
Regular Meeting Aspen City Council August 25, 2014
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police department. It is a three year request with an annual check in with City Council. The front of
house operations will remain in the court house.
Mayor Skadron asked what the back of house operations are. Richard Pryor, police, said it includes
community response officers, community relations specialist, one assistant chief and he will be split
between the two locations.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Romero moved to approve Resolution #103, Series of 2014; seconded by Councilwoman
Mullins.
Councilman Daily asked what the conditions are. Mr. Bendon said they are to use the signage allowance
for the City of Aspen and the sign regulations of Obermeyer Place. Also, annual extensions can be
granted by Council after three years.
Roll call vote. Councilmembers; Mullins, yes; Frisch, yes; Romero, yes; Daily, yes; Mayor Skadron, yes.
Motion carried.
Ordinance #21, Series of 2014 – 301 Lake Avenue, AspenModern Negotiation for Voluntary Landmark
Designation
Amy Simon, community development, told the Council the lot is just over 9,000 square feet. It was
designed in 1972 by Victor Lundy. It has been in the same family until recently. The building is
unaltered and perfectly preserved in its current condition. The new owners are interested in the
AspenModern program. Council is to determine if the property qualifies for historic designation and if so
what incentives are appropriate. Staffs finds the building is singularly important and it would be a loss to
the community if it were not preserved. Two of Mr. Lundy’s buildings are on the national register of
historic places and it is unusual for a building to be listed while the architect is living. Staff recommends
the building is qualified for landmark designation. Staff has a unique point value system for scoring and
this scored as a best example.
The existing house is about 2,000 square feet. The applicant has proposed a one story addition along the
alley. HPC has conceptually accepted the design and recommended Council approval. Ms. Simon said
the benefits are important to the program. The incentive program was created in the 1980’s. 15 percent
of the properties in Aspen are designated as historic. The addition is requesting variances including
waiver of permit fees to construct the addition. Since first reading the applicant revised their concept to
include TDR’s in lieu of a fee waiver. There are dimensional waivers and floor area increases asked for.
They are also asking for a waiver of the square footage for the fire hearth wall and the garage to be
calculated at the same rate as a duplex garage. They are requesting set back variances for side and rear
yard. Ms. Simon said they have to make some accommodations to allow the building to remain on site.
There is a request for a site coverage variance and are asking for an increase to keep the addition as one
story. There is also a height variance request because of how they measure height in relation to the light
well as well as a request for landscaping in the public right of way. Another change since first reading is
the removal of the cantilever into the public right of way. They are meeting the set back on the common
lot line with Block family. The applicant is asking for 10 years of vested rights where it would normally
be 3 years. They have asked that instead of the ordinance being effective 30 days after it is past that it not
Regular Meeting Aspen City Council August 25, 2014
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go into effect until five days after HPC final design. Staff recommendation is approval as written in the
ordinance.
Derek Skalko along with David Wilens, Mitch Haas, William Boehringer, Jeffery Sobel, Chad Open?
Represented the applicant.
Mr. Skalko said Mr. Lundy is an important individual in the profession and believes his Aspen home is
exemplary. He said the wall they will be impacting is along the south side along the alley. It is the only
exterior wall being touched. The two main areas of concern from the beginning of the project were North
Street and Lake Avenue. Parks was concerned with the trees and engineering was concerned with not
using the alley for egress. The initial focus of the design team were materiality, use of light and shadow
and an inspired design. The interior spaces are key and critical and they are pushing most of the new
mass below grade. They want to keep intact the lower level of the house as much as possible. They are
looking to get higher day light percentages in the sub grade areas. Since the project went to HPC in June
they have eliminated 16 feet 10 inches of length across the building. They reduced the garage by nine
feet on the westerly side. The above grade mass is 10 feet 4 inches from the side yard setback where ten
is required. They pushed back from the alley, now at 3 feet 6 inches with the exception of the garage.
They continued to reduce the point entity of the home and are an additional 8 feet back from where they
were in June. To keep the one level solution they have made all the concessions they can. The home is
significantly set back along North Street and Lake Avenue. For elevations from North and Lake there is a
25 foot height limit and this will be at 15 feet 9 inches. The Existing house along Lake is 22 feet and the
roof element is 19 feet 9 inches. The South elevation will be the most noticeable and is 12 feet 9 inches
above grade. The West elevation is significantly below the height limit. One of the concerns is where
they stand with the neighborhood. They have made significant concessions to respond to the
neighborhood concerns.
Councilman Romero asked for the proposed interior dimensions of the garage. Mr. Skalko replied inside
to inside is 20 feet by 23 feet.
Mitch Haas said it is a difficult site to deal with. The floor area requests are not that much but look like a
lot. The floor area is 187 square feet less than what is allowed by right. Their solution is to put much of
the mass below ground. In response to the concerns there has been a 16 foot 10 inch reduction of the
addition from east to west. The height has been reduced as well. The site coverage is necessary when not
increasing height and is still only 54 percent. He said the majority of the trees are east of the house and in
the public right of way and will remain.
Councilman Romero asked how the calculation for the light well is being treated. Mr. Skalko said it is
the ratio of exposed versus unexposed multiplied by the actual square footage.
Councilman Frisch said overall the public thinks there are two options, keep the status quo or allow it to
happen. He said there is a third option and it is to tear it down. If the house comes down the height could
be doubled. If it is redeveloped they would likely get a lot more bulk and mass. He asked how many
homes fall into the AspenModern category. Ms. Simon said there are 2,000 parcels with 300 currently
designated historic, most Victorians. The AspenModern map indicates an additional ten houses would
qualify.
Regular Meeting Aspen City Council August 25, 2014
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Councilman Romero said substituting TD’s for waivers they are unable to grant, like sanitation and
school are not justification for a TDR. He asked for more information for the 10 year ask for vested
rights. Mr. Haas said the initial thought was once it is landmarked it’s permanent and the City gets the
benefit. Three years is quick to act on all of it and there are things that haven’t been discovered yet like
engineering. They don’t want to run up against a three year period.
Councilman Daily said he respects the effort of the one story addition. They worked hard to preserve the
home and he sees a lot of benefits to the neighborhood.
Councilwoman Mullins thanked Staff for the memo and thanked the applicant for being cooperative and
responsive. She asked to explain the delay in the ordinance taking effect. Ms. Simon said the applicant
wants to wait until after HPC final plus five days. Councilwoman Mullins asked why the right of way is
so broad on Lake. Ms. Simon said that is where the direction changes to follow the bank of Hallam Lake
and it is the way the town site is laid out. Mr. Hass said the right of way is normal width but the street is
all the way on the other side of the right of way.
Mayor Skadron said FAR for R6 allows .54 to 1 and this is .53 to 1. 39 percent allowed for site coverage
and are asking for 54 percent. Ms. Simon said there is a sliding scale and as the property gets bigger the
site coverage number goes down. Mayor Skadron asked for the difference between exception and
variance. Ms. Simon said they are all variances. Mayor Skadron asked if the existing structure will be
the prominent architectural structure. Mr. Haas said they made an effort to have the addition remain quiet
architecturally. Mayor Skadron said it is 1,400 square feet greater than what is allowed. Ms. Simon said
due to the sliding scale and larger lot the scale starts to squeeze what the footprint can be and they are
trying to keep it a one story building. Ms. Simon said it is bigger in footprint than the maximum allowed
but it is much lower in height. Mr. Skalko said the four foot roof overhang is not mass but counted as site
coverage.
Mayor Skadron opened public comment.
1. Steven Block, owner of 311 W North told the Council he spends part of the year in Aspen and his
parents live here full time. Their house is also designed by internationally renowned architect
Herbert Bayer and also awarded historic designation. Their home was purchased 50 years ago.
He said they are all here in favor of preserving the historical jewels of Aspen. He said this project
is a Trojan horse and should not be fooled. It is not a case of a local homeowner. The
development group has made demands of breathtaking proportion. The neighbors will have to
put up with setbacks and a loss of sunlight. The underground work could take up to 10 years.
The original Lundy house will be dwarfed by the addition. The master bedroom suite is larger
than the entire main floor of the historic home. It is not historic preservation anymore. The
proposal makes a mockery of setbacks. Setbacks, like good fences make for good neighbors.
They want to accommodate a 144 foot long wall along the alley side. The addition will run flush
with the alley and will block sunlight that reaches their property. They are also proposing a
rooftop garden that will block more light. The direct morning sunlight is a design feature and
they have relied on zoning to keep this. He urged Council not to destroy their light. It will
negatively impact their home and the quality of his parents’ life. It will set a precedent for
bypassing setbacks. The proposal will result in a mansion and cavernous addition. Over
development is more appropriate to commercial zones. He urged Council to enforce the existing
rules for setbacks. It has been presented as a false dichotomy, either tear down the Lundy house
or accept all of the applicants’ requirements. His family will offer a series of proposals to keep
the setbacks in a way that won’t block the morning sunlight.
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2. Beata Block, 311 W North Street stated she lives adjacent to the Lundy house. She sincerely
hopes Council does not accept the proposal of the applicants. She opposes the proposal since it
deprives them of the necessary light and air they need. If the garage was relocated to the present
driveway there would be no problem. All houses have garage entrance off the street and it would
conform to the long established pattern of the west end. The set of stairs that lead to the
penthouse deck is directly in the line of site over their property and invades their property. She
hopes the project will not be approved and it does not fit in the neighborhood.
3. Jody Edwards, stated he represents Katherine Conover and RJ Cicero who own the house
immediately south of the bar addition home owner. Their concerns include the party deck on the
roof and the alley set back. Three feet six inches is too small for the entire length of the addition.
It is a wonderful house and hopes it gets saved but question at what cost. There is too much floor
area for that site.
4. Paul Taddune said they need to find common ground. The applicant would commit there would
not be a deck over the garage and request no deck area on the garage. It is out of character to
have a deck at all. They also request the garage move to the front where it would preserve the
light in the back and could mimic the Lundy structure. He asked why Lundy only built a 2,000
square foot house instead of a 4,000 one. There will be an intensity of use not previously seen at
the Lundy house that will affect the tranquility of the west end. He suggest they work on it a little
more to find the common ground and come up with a solution that his clients can support.
5. Martin Block, 311 W North St. said they bought their house in 1965. Herbert Bayer designed
their Bauhaus home. It was the first home to be declared voluntary historic. They received no
variances and had to pay for employee housing. He said he is worried about light and air.
Setbacks are essential to the community. The proposed garage impinges on their light and air. A
deck with a green roof would overlook their garden and invade their privacy. Eight feet from the
alley should be honored. He said the west end is very special and the cultural center of Aspen.
The residents have not been listened to by HPC and are against the project. This would convert
the west end into down town Aspen. The 140 foot long deck is reminiscent to restaurant row.
The garden deck will be an eyesore to the neighbors. Moving the garage to the front will
preserve the entire Lundy house and urged Council to put the garage in front.
6. Nick Lundy, son of Victor and Anstise Lundy told the Council when they decided to sell they
were concerned it would be torn down. They interviewed the most serious prospects and the
current owner had an architect and planner and included land marking the house. The only place
to build an addition without blocking the original house is as close to the alley as possible. Amy
Simon met with Victor 10 years ago about land marking but he decided not to. His development
was similar- moving along the alley. It is a matter of taste and worthiness of design. It is
important for the legacy of the house and his father to have a serious proposal and one that made
sense. When the house was built it was something never seen and not universally accepted.
Aspen now is not the Aspen of 1974. They felt the possibility of the house being torn down was
a large possibility or reality. Victorians in west end have additional structures built on like a
tumorous growth. This proposal preserves the intention of the house. He said it is important to
consider the compromise to preserve the structure.
7. Jay Maytin, chair of HPC said Mr. Lundy considered an addition and designed it almost like the
one they are considering tonight. The home was built for his family. The negotiation process is
created within a public process and the City cannot incur another loss. The opportunity to save it
forever only comes one time and that time is now. The addition should be on the alley and it does
not increase height. It is a benefits to the community and an iconic property in a special
neighborhood. The alternative is creating benign buildings for resale and profit. Only great
things can come from designation.
8. Bill Stirling said it is an interesting challenge and balancing act. The applicant has listened and
responded. Every historic preservation project has involved incentives. If preservation in the
long term is for the best interest of the community it requires incentives. Similar additions in the
west end are so much bigger than the historic house. This scope and scale are smaller than the
original house. The view from Triangle Park is not changed if you stand in the middle of the park
Regular Meeting Aspen City Council August 25, 2014
11
and look at the front of the house. They need to preserve the important elements of the house.
He believes the addition fits and is in the long term best interest of the community to approve the
proposal and land mark the house.
9. Ms. Simon added three letters to the record from RJ Cicero, Ann Altemus and the Blocks.
Councilman Frisch said the biggest concern is the bottom left corner of the property and blocking the sun
coming in. The reality is how to save the house. He said he can’t imagine that what would go up would
not be bigger. Low and long is better than some of the heights they would be dealing with. He said he
appreciates the emails and letters from the neighbors. He would rather have the status quo than the
addition but does not see how the third option is better in bulk and mass and keeping one of the gems of
Aspen. He asked about moving the garage to the north side. Ms. Simon said moving the garage to the
north side would be opposed by the engineering department and changes the problem from one thing to
another. He said the west end is not a museum and should not be treated as such. He is supportive of the
application if it could be made smaller and address the light concerns of the neighbors some.
Mayor Skadron said the house could be torn down and replaced by something bigger and more imposing
and asked Mr. Block if that is something he could live with. Mr. Block said they are presented with a
false dichotomy. Their preferred option is not to tear down but there is room to maneuver.
Mr. Haas said the garage is 10 feet off the property line and 12 feet 9 inches tall. There is no effect on
their light and air. If something is affecting the light and air it’s the huge trees the Blocks planted and the
fences they put up. They responded to this by moving the house further and further away. There will be
no roof deck on the garage. Mr. Skalko said there is 10 feet 4 inches from the side yard setback. The tree
heights are between 45-60 feet tall. He said the first thing they did was talk to parks, engineering and
HPC. Engineering said they have an alley and that is what you use. The team has never stopped listening
and continue to listen and work. At the end of the day there is no resolution with the neighbors. If they
want to see the house preserved and protected they have to make a stand.
Councilman Daily said he thought of moving the garage but understands HPC would not go for that. He
asked if the deck will be on the garage. Mr. Hass said the deck will not extend onto the garage.
Councilman Daily asked how large of an area it will be. Mr. Skalko said from a deck standpoint there is
300-350 square feet of usable area. There is no visual ability for the Blocks to see it. The stairway to the
roof is off the alley. Councilman Daily asked if the portion of the rooftop area used will be visible from
the immediate neighbors. Mr. Haas said he does not believe so. The rooftop is only 15 feet 9 inches
above ground.
Councilman Romero said he realizes there is another round with HPC but asked about the proposed space
use. Mr. Skalko said the south west corner is below proposed garage area for a possible bedroom or
mechanical. Councilman Romero said the garage is relatively modest. He asked about the use for the
wing. Mr. Skalko said the point is the master bedroom, formal dining, living and kitchen. Councilman
Romero asked about the setbacks along the right a way and if they can get compliant with the code. Mr.
Skalko said on the alley, for a habitable space it would require a 10 foot setback. It is an impossibility if
they are trying to save the east wall of the house. The garage is staying on the alley and is unsure if it can
be pushed in. Councilman Romero said they are not quite done and more can be done. There is a
creative way to crack the code. The vesting will not be ten years but could go to five. He could give one
TDR.
Regular Meeting Aspen City Council August 25, 2014
12
Councilwoman Mullins said we can’t lose this extraordinary house and need to find a way to work it out.
We have to consider what benefits are appropriate and to what extent. She supports the setback variances
and they are important. The 500 square foot bonus is needed to preserve the resource and adapt to today’s
needs. She cannot support 10 years vesting. If it is a good project now it should be a good one in three
years. The fact they are not asking for waivers is commendable. The TDR ask is innovative and she
would support. She thinks the addition is too large and too much site coverage. It is much denser than
what is going on in the neighborhood. It is too large and the addition needs to be reduced. The addition
is overwhelming the original house rather than being secondary. The whole thing becomes a structure
with landscaping around it. She supports the incentives as presented without vesting and request that
HPC look again at the conceptual design. Jim True said there is an option to send back to HPC but
Council has the complete authority to consider all aspects under the negotiation. Councilwoman Mullins
said she is not visualizing Council doing the design review since that’s HPCs role.
Councilman Frisch said five years vesting works but prefers three. Council has created an oversupply of
TDRs and they are probably overpriced. If we start giving away more it can flood the market. Waivers
will be discussed in the budget cycle and he is not opposed to having a discussion of waiving fees. He
thinks the City can cover it. If we go for TDRs one is enough. The site coverage is unfair to focus on
since it was written assuming multiple stories. The house needs to be made shorter or narrower and he is
open to those discussions.
Mayor Skadron said he is in general agreement with his fellow Council members. He would like one
more swipe at massaging it. It is an extraordinary property in an extraordinary neighborhood. The garage
stays. He asked if the impact on the neighbors could be mitigated more. Vesting will be five years. TDR
grant will be one, possibly reconsidered. General incentives are accepted.
Councilman Frisch moved to continue to September 8; seconded by Councilwoman Mullins. All in favor,
motion carried.
Ordinance #22, Series of 2014 – Rubey Park – PD Amendment
Justin Barker, community development, said the request is for a PD amendment and growth management
review for an essential public facility. Council endorsed the schematic design in December of last year.
Conceptual design approval was granted by HPC in February. P& Z recommended approval for project
review and growth management in July. If passed it will go back to HPC for final and detail review. It is
a 27,000 square foot lot in the public zone district with a PD overlay in the commercial core historic
district. The project will be a renovation of the existing structure, site and adjacent right of ways. Two
new structures will be added and connected with a glass roof. It will be a phased construction plan with a
temporary structure for tickets and restroom to keep the facility operational. Staff finds the project
generally meets the review criteria. There are two things Staff would like to address. The preliminary
signage was submitted and Staff supports with the addition of timers so it will be off during times the
busses are not operational. Further delineation of pedestrian crossing areas need to be addressed. For
growth management review the applicant is requesting a waiver with the condition an audit is performed
two years after the CO and if any additional FTEs are shown above the .18 mitigation should be required
at that point. This project is not subject to the new transportation impact analysis guidelines but Staff
requested the applicant perform an evaluation based on those guidelines. Staff is recommending approval
with three modifications to the ordinance; section 6 add “portions” to the replacement of curb and gutter,
section 11 the first sentence include “unless otherwise approved for removal by the parks and engineering
Regular Meeting Aspen City Council August 25, 2014
13
department” and second sentence should include ”or as agreed to by the parks, engineering and
transportation departments”.
John Krueger, transportation, with Sheri Sanzone from Blue Green and Gilbert Sanchez of Studio B told
the Council they received comments from planning, P&Z and the peer review on the pedestrian
connections. Initially they though a lot of people cross diagonally to get to Rubey Park. They widened
the sidewalk to 8 feet and better defined the diagonal direction. There will be a material change from the
rest of Mill Street and better defined cross walks at Mill and Durant. They updated the schedule and are
planning to come back at a work session to discuss cost and materials. They will go back to HPC in
November or December.
Councilwoman Mullins asked on the south side of Durant how they are handling pedestrian crossing from
mid-block. It would be nice to see more amenities on the south side and recognizable as a waiting area.
Ms. Sanzone said they are to stay within the parcel of Rubey Park and the right of ways. They studied the
idea of mid-block crossings but concluded you can cross at any point along Durant. They want to
strengthen the existing crossings and make them safer and more identifiable than they are today.
Councilman Frisch said overall it is a great job. It is a complicated spot with lots of people running
around. He looks forward to the next step.
Councilman Romero asked what is the estimated season for construction to start. Mr. Krueger said they
go out to bid this winter and will start construction next spring. They are hoping for pre ski season
completion.
Mayor Skadron asked if they are confident on the employee generation number. Mr. Krueger said it will
get audited.
Mayor Skadron opened the public comment.
1. Toni Kronberg said there are two spots in Aspen where views will be preserved forever, Rubey
Park and Rio Grande Park. It is one of the first view people have when they come in to Aspen. She
asked if they could look at the possibility to see if the grove of trees is a landing site for the gondola idea.
She said Durant is a dangerous stretch of road for busses in winter.
Mayor Skadron closed the public comment.
Councilman Romero moved to adopt Ordinance #22, Series of 2014 with additions by Staff; second by
Councilman Frisch. Roll Call vote; Councilmembers Romero, yes; Frisch, yes; Mullins, yes; Mayor
Skadron, yes. Motion carried.
Councilwoman Mullins moved to continue to August 26, 2014 at 4:00 pm; second by Councilman Frisch.
All in favor, motion carried.
At 5:00 pm on August 26, Mayor Skadron opened the continued meeting from August 25, 2014.
Mayor Skadron moved to refer ordinance 19 to the electorate to appear on the November ballot. No
second. Motion failed for lack of second.
Regular Meeting Aspen City Council August 25, 2014
14
Councilman Romero moved to reconsider ordinance 19; seconded by Councilman Frisch. Roll call vote;
Councilmembers Frisch, yes; Mullins, yes; Romero, yes; Daily, yes; Mayor Skadron, yes.
Councilman Frisch said he would like to tackle the problem right away; height, affordable housing, fee
waivers. They have done a lot of outreach. He would rather take out the eraser and start solving the
problem again.
Councilwoman Mullins said she is happy doing it this way. There will be more discussion and more
public involvement to craft an ordinance everyone is happy with.
Councilman Daily said he is in favor of reconsidering. They can get back to work and address the issues
the public is bringing to their attention.
Councilman Romero said an election is not going to give a good amount of detail as to what really is at
issue. There is a better process towards getting better information and education and a more informed
citizenry.
Mayor Skadron said he thought the comments from last night were informative. The comments by Carol
Blomquist with small lodge owners being property rich but paycheck poor. They need to focus on
defining the problem and problem resolution. Like to see something focused on lodge preservation. He
would like to focus on small lodges being able to serve the community. It is appropriate to raise a second
motion. The current status is if Ordinance 19 has never been voted on.
Mayor Skadron moved to deny ordinance 19; seconded by Councilman Romero. Roll call vote;
Councilmembers Daily, yes; Mullins, yes; Romero, yes; Frisch, yes; Mayor Skadron, yes. Motion
carried.
Cavanaugh O’Leary said they have gathered more than 500 signatures and what does this mean for the
petition. Mr. True said there is no ordinance to refer. They could start an initiative to adopt an ordinance
they draft.
Terry Murray said they feel like they are being run over. She said she realizes now that you have to speak
up.
Ordinance #24, Series of 2014 – Charter Amendment regarding Council Vacancies
Ordinance #25, Series of 2014 – Charter Amendment regarding Term Limits
Resolution #99, Series of 2014 – Submitting Charter Amendment to the Electorate regarding Council
Vacancies
Resolution #100, Series of 2014 – Submitting Charter Amendment to the Electorate regarding Term
Limits
Jim True, city attorney, said a vote would be required if the vacancy would be 365 days or more. If the
vacancy is less than 365 days Council may appoint the replacement or submit to the electorate. There is a
default provision to the earliest scheduled election if Council fails to set an election if one is required.
There is a requirement now that the vacancy be filled by Council within 30 days but there is no provision
if Council fails to act within that period. If one Council seat is being filled by an election the candidate
must receive 50 percent + 1 vote to be elected. If no candidate receives 50 percent + 1 vote there will be
Regular Meeting Aspen City Council August 25, 2014
15
a run off. There are circumstances for a number of elections right in a row. There was an issues raised
about holding more than one office at a time. If someone is elected to another office when they are sworn
in to that office a vacancy at the City occurs.
Term limits are not in the charter but a function of the state constitution and applies to all municipalities
including home rule. The term limits in the constitution say an office that is four years you have two
terms and if the office is two years you have three terms. Terms are considered consecutive unless there
is a four year break. He feels that the position of mayor and council are distinct. Someone could go back
and forth forever. Mr. True suggested a limit at 14 year; two four year terms and three two year terms for
14 years. This would also address partial terms. The attorney general says a partial term not necessarily
count as a full term. This would count a partial term as a full term. If it is not addressed there will be
potential conflict. The cleanest way to address this is to say partial terms count as a full term no matter
the length. There are certain aspects of the new amendments that do not apply to current Council
members, partial terms counting as full term or current service not counting towards 14 years. The
existing law term limits would still apply.
Resolution 99 and 100 are required to authorize the ordinances to be on the ballot.
Mayor Skadron said vacancies more than 365 days will require a vote. Council can’t appoint. For term
limits 14 cumulative years is enough with a four year break before coming back.
Mayor Skadron opened the public comment.
1. Neil Segal gave a special thanks to Jim True. These proposals represent good housekeeping and
deserve broad public support. The issue with filling a vacancy if more than one year occurs
before the next municipal election would require a special election. The fairness argument that
was raised tried to balance fairness of election with the efficiency of an appointment. If filled by
election, fairness would dictate a replacement be filled by an election. This argument totally
collapses when considered with filling vacancies at different levels. Aspen has filled council
vacancies exclusively by appointment. No one has said that is unfair. He would submit that the
current charter provision of filling by appointment represents a clear recognition that a council of
four is not a good idea. Going without a mayor is a bad idea. Waiting for an election or a run off
only prolongs the inevitable. Too sweeping a change to have a special election every time. The
proposal he would like to see is Council be given the opportunity to make the appointment. If by
majority they vote to put out to election then do so. If the vacancy is for Mayor, Council could
make an appointment fairly fast. He is advocating to give Council the chance to make the
appointment.
Term limits can have the partial term count or not count. It does avoid the downstream problem of
running against the 14 year limit.
He suggests adding to Section 2 of proposal- in the event there are 365 or more days from the date
of the vacancy to the date of the next municipal election to insert “and council by majority vote
decide not to make an appointment”
Councilman Frisch said he supports term limits. He can buy into what Mr. Segal said. If it turns into
gridlock there is an option for an election to take place. The community wanted the fairness argument
and to vote.
Mr. True said he thought Councilman Frisch and the consensus of Council was to mandate an election if
365 days or more. Mr. Segal has always advocated choice.
Regular Meeting Aspen City Council August 25, 2014
16
Councilman Daily said he is not uncomfortable with Mr. Segal’s suggestion. Mr. True said he would re-
word to say Council may fill the vacancy and if it chooses not to there will be an election and if it fails to
there will be an election. Failing would be 30 days to do it.
Councilwoman Mullins also liked what Mr. Segal had to say. She said the obligation to have an election
was somewhat a reaction from when they made the appoinointment last year. She prefer that council
have the choice. An election is cumbersome and expensive and could leave council short for longer than
healthy. She supports appointment and if they can’t then go to an election.
Councilman Romero said he is comfortable with the changes.
Mr. True said the wording should be for paragraph B1 “in the event of any vacancy, a seat may be filled
by the appointment of the remaining Council members”
B2 “ in the event Council decides not make an appointment or otherwise fails to make such appointment
within 30 days of the creation of vacancy set forth in B1, or three or more vacancies, or recall, such
vacancy shall be filled by the voters of the City of Aspen”.
Mayor Skadron closed the public hearing.
Mayor Skadron moved to adopt Ordinance #24, Series of 2014 with amendment; seconded by
Councilman Romero. Roll call vote; Councilmembers Romero, yes; Daily, yes; Mullins, yes; Frisch, yes;
Mayor Skadron, yes. Motion carried.
Councilman Romero moved to approve Ordinance #25, Series of 2014; seconded by Councilman Daily.
Roll call vote; Councilmembers Mullins, yes; Romero, yes; Frisch, yes; Daily, yes; Mayor Skadron, yes.
Motion carried.
Councilman Romero moved to adopt Resolution #99, Series of 2014; seconded by Councilwoman
Mullins. All in favor, motion carried.
Councilman Daily moved to adopt Resolution #100, Series of 2014; Seconded by Councilman Frisch. All
in favor, motion carried.
417 and 421 W Hallam Street – Notice of Call Up for HPC Conceptual Approval
Chris Bendon told the Council this is a duplex property going through a redevelopment. The project
received a 4-1 approval from HPC. It is a good project and no need to call up.
Councilwoman Mullins said it looks like a good project but they do not have very much information. She
requested that Council received more information for call ups.
No call up.
Ordinance #20, Series of 2014 – Chart House and Dancing Bear Lodge PUD Amendment – Pedestrian
Tunnel
Councilman Romero disclosed that Sunrise Company, the parent company, has an agreement for a
potential sale of property from the Related Companies. He has review this with city legal and based on
having no financial interest, not an owner or partner, no financial interest in Dancing Bear or Chart
House, not an officer of either party, no family associated, and will stay at the table.
Regular Meeting Aspen City Council August 25, 2014
17
Hillary Seminick, community development, said this is an amendment to connect the lodges with a
tunnel. The Dancing Bear is fully operational and the Chart House is incomplete except for the
foundation. The removal of two parking spaces are required to allow for the tunnel. The Chart House
would still be in compliance with 25 parking spaces where 16 are required. The PUD amendment at 311 S
Monarch is a setback variation from the approved building footprint to the property boundary. At 219 E
Durant the setback variation is also from the building footprint to the property boundary. No additional
changes to the PUD are requested. The approval is contingent on the granting of a right of way easement.
The changes since first reading have been mostly by referral agencies, utilities, transportation and
engineering. Sopris engineering worked with Aspen Consolidated Sanitation District confirming the
tunnel would not eliminate the extension of the sanitary sewer line down Durant Street should there be
any extensive developments. Engineering has stated concerns regarding construction and the City’s
ability to manage the right of way. They have requested the existing storm sewer be replaced at the
applicant’s expense. The applicant has proposed 50,000 dollars. Engineering also feels the pedestrian
trips are artificially high. Utilities are concerned with potential impact to the customer base. Sopris
worked to create a design solution to be included as a condition of approval. It involves the isolation of
two water mains located above the tunnel prior to construction. There are new potential impacts to
transportation, particularly RFTA. At first reading there were no surface impacts to Durant but if utility
and engineering conditions move forward there would be an impact to the street including alternating one
way closures to Durant. Transportation has requesting RFTA has priority during construction. The tunnel
would take three months to construct the subgrade. The closures to Durant would last one week.
Council questions from first reading. Durant, Monarch and Aspen would be effected by utility
replacements. Private use of the public right of way is a Council decision. From a land use perspective
the impacts are minimal and Staff has relied on the referral agencies. Engineering feels the new storm
sewer line would offset current utility issues but not future. Utilities believes they are satisfied with the
solution at this time.
Jim True said Resolution 98 addressed the proposed easement that would be required if this project
proceeds. One aspect of the easement is it is revocable. He advised the applicant that any proposed
easement would be limited to 40 years and could be renewed or revoked. The easement has a one year
vacation clause and includes security language. It is revocable if the City determined it needs the
underground space for City benefit.
Councilman Romero would like more information on why Staff feels the pedestrian count numbers are
artificially high. Ms. Simnick said the Chart House was approved as a standalone time share lodge with
maintenance, concierge, housekeeping and a 2,000 square foot restaurant. The traffic counts included
those services. Staff felt some of those trips might be high since those services should be part of the
Chart House. Both the Dancing Bear and Chart House will provide those services and they questioned
the need to go back and forth between the lodges to provide those services if they are also in house.
Councilman Frisch asked if they are looking at this as two separate lodges. They will be run as one
lodging product with two different buildings that are separated by a busy street. Mr. Bendon said the
properties are individual and could be sold and operated individually.
Councilwoman Mullins asked for counts at comparable intersections. Trish Aragon, engineering, said the
peak counts are during summer and Gondola plaza had 121 peak hour crossing on the east side.
Councilwoman Mullins said the applicant estimates 350-425 trips per day. Ms. Aragon said that is for a
Regular Meeting Aspen City Council August 25, 2014
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full day and at Gondola Plaza that would be around 650 pedestrians. The counts for Aspen and Main on
one side are 72.
Ms. Aragon said the right of way is for public use. The City’s policy is that private development should
accomplish their needs on their property. The tunnel through Durant could impact future utilities.
Councilman Daily said it is an unknown. He asked if at some future date will we need to put a new utility
line or an upgraded one where the tunnel is. He asked if the fact it is a revocable license comfort her at
all. Ms. Aragon said it does provide comfort. Realistically, they would not be asking the developers but
future time share owners to remove the tunnel. Mr. Bendon said most of our revocable encroachments
are mailboxes and snow melt systems. It is a significant political threshold to cross.
Mayor Skadron said they are losing two parking spaces and asked if the project has a policy asking guests
not to drive. Sunny Vann said if they were building it today there will be more parking than required.
Teddy Farrell said they don’t discourage guests from driving. Based on the current data in phase I which
includes 18 parking spaces half sit empty. Most guests fly in and use the lodge’s transportation. Mr.
Vann said they advertise that a car is not needed.
Sunny Vann, representing the applicant, said formal public outreach is not required but the applicant has
met will all the surrounding neighbors. He said this is not a typical development application. It includes
three separate parts; land use regulations, engineering and the policy question of the right of way.
Mr. Farrell said after acquiring the Chart House in 2012 they are now operated as one project.
They took the six years of usage history from the Dancing Bear and got the numbers for the Chart House
usage. Most of the visits have been owner visits but they do provide for rental visits when available.
Since they took over they have operated at over 90 percent occupancy.
Mr. Vann said the amendment is triggered because it was approved as two separate projects without the
tunnel. It will be constructed in the setback requiring a variance. It will also amend the parking
requirement from the Chart House reducing it by two. The potential implications to the city’s
infrastructure from construction and future considerations is another issue. They have retained an
engineer with experience in this type of tunnel as well as the construction company. The tunnel will be
constructed 100 percent below grade. Yancy Nichol from Sopris Engineering will coordinate the design
of the tunnel with city departments and ACSD. Construction will have no adverse impact on existing
utilities or future utilities.
Mr. Nichol said it is important to understand the relationship of the tunnel to the future. The tunnel is
much deeper than is typical. The top of the tunnel will be at 13 feet and the utilities are around 10 feet.
The tunnel is in a zone way below the utilities and infrastructure. They have agreed to replace the 20
inch, six inch and storm drain system through the phases.
The first phase is to replace the 20 inch water line. This will take three to four days for construction.
The second phase will replace the six inch water line. This will require alternating one way traffic on
Durant for two to four days. They anticipate two weeks to replace the water lines. The storm drain will
be replaced or fund a portion close to the tunnel. This needs to be done from Aspen street to Monarch.
The applicant initially offered $50,000 but is now willing to pay for and construct the entire piece. This
will take another week but will keep two way traffic. The fourth phase will be to patch Mill and get the
street ready for use and will take another week. Phase five is the tunnel. It will be built from Monarch
Street to the Dancing Bear. He stressed if the City needed other water or electric lines there are still areas
Regular Meeting Aspen City Council August 25, 2014
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for improvements. Geo thermal would probably be in the less than ten foot zone. The what if scenario for
the sewer to be extended in to Durant would be a major development south and would require a right of
way or alley to be vacated. Mr. Farrell said they budgeted 293,000 dollars to replace the lines.
Mr. Vann said they should be allowed to use the right of way. The City does not preclude the use of the
right of way but does allow use with granting of an easement. The primary purpose of the tunnel is to
reduce the increase of pedestrian traffic at the Durant intersection. By reducing pedestrian traffic the
benefit to the public will include less pedestrian vehicle conflicts, increase public safety, enhance
functionality of intersection, reduce delays for transit riders and reduce emissions and noise. It will
benefit the applicant by enhancing the lodge guest experience, provide shelter in inclimate whether and
safe transit for young people. It will move people out of the intersection and into the tunnel and will
enhance public safety. The applicant proposes to construct and pay for the tunnel. They have identified
the problem and provided a potential solution where they will bear the whole cost including upgrading the
existing utilities. There is no downside to the City and he urges Council to approve.
Councilman Romero asked if there are one or two HOAs. Mr. Farrell said there is one HOA
encompassing all condos in the first building. With completion of the second building they will be
brought in to that HOA. Once they are combined in to one HOA it can’t split without a super majority
vote. Councilman Romero asked what happens in 15 years for whatever reason it needs to be abandoned.
What does it look like and what would those actions be. Mr. Nichol said it depends on why they are
abandoning the tunnel. Councilman Romero said they are not taking on any large risks. It is clear that
the applicant is comfortable with providing the front end security. The risk is low to moderate compared
to the front end expense to put the thing in. He asked if there is a requirement in either of the PUDs for
employee audits. Mr. Vann replied no that this predates those requirements. Mr. Farrell said they are
required to mitigate for three employees and are mitigating for four.
Councilman Daily said there are inherent benefits in a single HOA and asked if that is a condition of
approval by the City. Mr. Farrell replied it is not a condition and regardless of the tunnel they will have a
single HOA with one operation. Mr. Bendon said they may want to consider a reversion clause if the two
properties separate for any reason to operate independently. Mr. Vann said that would be ok.
Councilwoman Mullins asked on the plan view what is the grade going across and why is it not a straight
shot. Mr. Farrell said they wanted to bring it as far east as they could since Durant ramps up going east.
There is a little bit of uphill grade. There will be a ramp to bring up 4 feet from the tunnel level to the
basement level of Chart House. It is an 86 foot long tunnel with a five percent grade.
Councilman Frisch wanted clarification as to how long there will be disruption and where. Mr. Vann said
the four week disruption will occur in the off season. The engineering stamped drawings are ready to go.
It will take three weeks for line replacement and one week to clean the site and replace the asphalt. There
will be flaggers and preference given to RFTA vehicles. Councilman Frisch said if the tunnel doesn’t
happen we could be talking about a four way stop and asked what triggers that. Ms. Aragon said the
requirement is 200 pedestrians per hour over eight hours. They don’t build a stop sign for one peak hour
and there is enough capacity currently to handle the volume. We would not see a four way stop.
Mayor Skadron opened the public comment.
Regular Meeting Aspen City Council August 25, 2014
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1. Tom Kilty said it is good to finally see some progress and a great collaboration. The tunnel is a good
thing to have. In this case the collaboration and protections are there. He does not see stopping the
progress good for the City in the long run. There is a need from the standpoint of public safety. Overall it
is smart with lots of benefits to the City. He encourages Council to approve and look at it as a
progressive move.
2. Tom Elbert said after the presentations he has not heard what the harm of the project is other than a
potential future need. It seems like a great project for public safety.
3. Skippy Mesirow said he did not hear discussion about community values and who we are. Aspen is a
place that accepts all comers. If we don’t want to build up we should consider the possibility of building
out and under. There may be more and more people in those buildings failing to leave them with all of
the accommodations inside. That would not be to the character of the community.
4. Chuck Frias said he supports the project and Council may want to consider the financial gift from the
applicant for the utility improvements as well as the impact of the South Aspen neighborhood. We have
to keep looking for ways to remove pedestrian vehicular impacts.
5. Toni Kronberg said this is a perfect use for the public right of way especially since it will be underground.
It is a dangerous intersection. Pedestrians have the right of way and busses have to stop at all these
intersections. The slope goes downhill. RFTA highest rate of accidents in winter is at Aspen Street. This
is addressing the safety issue we have now. She highly supports the project.
6. Staff received 11 support emails and two that do no support. The negative ones were from Mark Frerich
and Stan Gibbs.
Mayor Skadron closed the public comment.
Mayor Skadron asked what FTE reduction is realized by operating as one unit versus two. Mr. Vann said
if it was two separate projects there would be people hired working in the other building. Operated as one
entity they will use existing resources supplemented with less than would be required to operate a
separate facility. The tunnel will facilitate that operation.
Mr. Bendon suggested an additional condition “This approval is predicated on the two properties,
Dancing Bear Lodge and Chart House Lodge, being owned and operated together. Disconnecting the
ownership or operations shall require a revision of this ordinance.” Mr. True said there will be a similar
request for the easement.
Councilman Daily suggested modifying the termination clause in paragraph three of the easement,
requiring grantee vacate premise to add “at grantee sole cost and expense”. He would change paragraph
five to include “an obligation on part of the grantee that related construction be performed at sole cost and
expense”. He would add an insurance requirement to paragraph 13 where the City would want the
grantee going forward to carry liability and damage coverage to users of the tunnel on a continual basis.
Mr. True recommended adding his and Councilman Daily’s suggestions.
Ms. Aragon suggested adding the easement shall not limit the City to exercise its rights to make full and
reasonable use of the easement area and adjacent right of way and public thoroughfares not shall restrict
utilities from exercising their rights to construct, operate and maintain their facilities within the easement
area and adjacent right of way. She also suggested adding allowing the City to make inspections of the
encroachments contained within the easement area. Mr. True said for the record to note the changes
requested be part of proposed easement and they can negotiate specific language. Mr. Vann said
everything discussed is acceptable. The language in paragraph seven needs changed to remove sanitation
facilities. Mr. True said this was written to relocate the sanitation if requested by the sanitation district at
this time. If the sanitation district doesn’t want or at later date feels the need it can be done at a later date.
Regular Meeting Aspen City Council August 25, 2014
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Councilwoman Mullins thanked everyone who showed up. She said the question is it is not so much
convenience for guests but the privatization of public space and asked if this is a road we want to go
down. The problems include the disruption with construction would be four weeks then three more
months of underground work. There will be increased traffic and parking needs for people working on
the project. The three months underground will not be invisible to town. There will be an impact on
town including traffic, parking and noise. She does not think the amount of pedestrian vehicle traffic
necessitates a tunnel. She does not see it benefiting more than a small percentage of people in town. The
right of way is reserved to accommodate future needs of the City, some predictable some unforeseen.
Revoking the easement is not feasible at 15 years from now. She can’t imagine that Durant and Garmish
are busier than the intersections at Rubey Park. Taking pedestrians off the street will change the
dynamics of town and the experience of being in Aspen. This is precedent setting. She can’t support the
application. We can figure out simpler more socially interactive, protective of the right of way solutions.
Mr. Farrell said they are not trying to turn Aspen into an inside city. They are trying to connect the
building to its amenities. Councilwoman Mullins said it is an extraordinary unnecessary method.
Councilman Frisch asked if they would did during winter. Mr. Nichol said it would be 48 days from start
to finish. The material would be staged in the basement of the Chart House. It would only require 50
trucks of material leaving the site. It would be three or four workers at a time. Councilman Frisch said he
has philosophical issues. If the only upside was for a fairly limited number of guests he would not be in
favor of it. If it wasn’t a block away from RFTA it would be different. We are dealing with the bus
system and enhancing it. RFTA is the number one issue that kicks it over.
Ms. Aragon said the tight time frame can be a concern. Work in the right of way shuts down November
first. The water department also has concerns with the November date.
Councilman Daily is supportive of the project.
Councilman Romero is also supportive. The applicant has sufficiently mitigated the near term impacts.
For the long term impacts the revocable easement is the most powerful tool to protect the public interest.
The number of busses heading down slope from a public safety standpoint trumps any conversation. It is
counterintuitive to debate the social aspects in the face of a known public safety issue. Public safety
trumps.
Councilwoman Mullins said it isn’t for the public and not a public amenity. The counts are suspect and it
is only for a very small percentage of the people using the intersection.
Mayor Skadron said the argument about RFTA is a valid one. The time required is less of a concern than
the general precedent of granting the encroachment. A better defined policy should be considered. To
support this he has to find it sufficiently satisfies the PUD criteria and is consistent with the principles of
the AACP. He cannot find that it is sufficient to meet the requirements and will not support it tonight.
Councilman Romero moved to adopt Ordinance #20, series of 2014 including the amendments from
Staff; seconded by Councilman Frisch. Roll call vote; Councilmembers Frisch, yes; Daily, yes; Mullins,
no; Romero, yes; Mayor Skadron, no. Motion carried.
Regular Meeting Aspen City Council August 25, 2014
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Councilman Frisch moved to adopt Resolution #98, Series of 2014 with amendments; seconded by
Councilman Daily. All in favor except Councilwoman Mullins and Mayor Skadron. Motion carried.
Mr. True stated Staff is requesting Council go into executive session pursuant to C.R.S. 24.6.402.a.b.e.
for conference with attorney regarding litigation matters and lease or sale of property. Councilman
Romero moved to go in to executive session at 9:00 pm; seconded by Councilwoman Mullins. All in
favor, motion carried.
Councilwoman Mullins moved to come out of executive session at 9:50 pm; seconded by Councilman
Frisch. All in favor, motion carried.
Councilman Daily moved to adjourn at 9:50 pm; seconded by Councilman Romero. All in favor, motion
carried.
Linda Manning – City Clerk