HomeMy WebLinkAboutminutes.council.20120109 Regular Meeting Aspen City Council January 9, 2012
ITALIAN GENERAL CONSUL 2
OUTSTANDING EMPLOYEE BONUS AWARDS 2
ANNUAL MEETING ASPEN PUBLIC FACILITIES 2
CITIZEN PARTICIPATION 2
COUNCIL COMMENTS 3
CONSENT CALENDAR 4
• Resolution #1, 2012 — Location Posting Notices of Meeting 4
• Resolution 42, 2012 — Appointment to NMPP and MEAN Board of Directors 4
• Board Appointment — Housing Board City /County Seat — Bobbi Berkley 4
• Minutes— November 2, December 12, 2011 4
RESOLUTION #3, 2012 — Contracts — Streets Planning and Design North Mill Corridor 4
ORDINANCE #1, SERIES OF 2012 —Code Amendment — Liquor Code 5
ORDINANCE #38, SERIES OF 2011 — Theatre Aspen SPA Amendment 5
RESOLUTION #4, SERIES OF 2012 — Temporary Use Aspen Country Day /Aspen Meadows 10
RESOLUTION #5, SERIES OF 2012 — GMQS Rollover 12
ASPEN CORE (BENTON /LITTLE ANNIE'S) ASPEN MODERN APPLICATION 13
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Regular Meeting Aspen City Council January 9, 2012
Mayor Ireland called the meeting to order at 5:03 PM with Councilmembers Skadron, Frisch,
Johnson and Torre present.
ITALIAN GENERAL CONSUL
Mayor Ireland said one of the reasons for his trip to Europe last summer was to visit Abetone,
Italy, at their request and to further explore a possible sister city relationship. Mayor Ireland said
Abetone and Aspen, besides having skiing and arts and culture in common, also have history
going back to World War II. Alessandro Molta, Consul General of Italy, explained that the
mayor of Abetone and the head of their ski Company are in favor of establishing a sister city
relationship with Aspen. Molta told Council he is meeting with the Sister cities committee
tomorrow to further explore this. Mayor Ireland said this is a decision of the sister city
committee, not Council. One of the advantages of sister cities is the educational exchange of
students between sister cities.
OUTSTANDING EMPLOYEE BONUS AWARDS
Mayor Ireland and Council presented outstanding employee bonus awards to Teresa Pollock,
housing department, and Keith Bulicz, recreation department.
ANNUAL MEETING ASPEN PUBLIC FACILITIES
Steve Skadron moved to convene the annual meeting of the Aspen Public Facilities at 5:33 PM;
seconded by Torre. All in favor, motion carried. Members present; Mick Ireland, Steve
Skadron, Torre, Derek Johnson, Adam Frisch, Kathryn Koch and Don Taylor.
Johnson moved to approve the minutes of January 10, 2011; seconded by Frisch. All in favor,
motion carried.
There was no new business to present to the Aspen Public Facilities Authority. Skadron moved
to adjourn at 5:35 PM; seconded by Torre. All in favor, motion carried.
CITIZEN PARTICIPATION
1. Tom Marshall said he has iss ies with fiscal responsibilities of government. The city
spent over $100,000 to find out what people think about the Wheeler Opera House. Marshall
said there are fees for tent permits, fees for parks use; tents have to be fireproof; water fees are
going up; the property tax credit for senior citizens has disappeared. It seems like government is
growing and growing and taxing the public. Mayor Ireland said he would like to meet with
Marshall and discusses these topics.
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Regular Meeting Aspen City Council January 9, 2012
2. Andrew Kole congratulated the Wheeler for its programs over the holiday. Kole said the
new holiday lights were well received by both visitors and residents. CCLC would like to
expand the lighting program. Kole told Council he met with Scott Miller, asset management,
and spent time going over the Castle Creek Hydropower project. Kole said Miller was
knowledgeable and thorough and he appreciated the time.
3. Lindsay Smith presented Council with calendars from the Pauline Schneegas Wildlife
Foundation. Ms. Smith thanked Council for their support of the foundation and pointed out that
many types of animals, not just bears, are taken care of at the foundation.
4. Richie Cohen suggested that Council commit to putting the hydropower project on the
ballot and eliminate the divisiveness and petition drive. Mayor Ireland said the date of the
election is in the hands of the petitioners committee. When the petition is certified is when the
date of the election will be decided upon. If Council were to commit to an election date now,
there is a chance there would have to be two elections.
COUNCIL COMMENTS
1. Councilman Frisch agreed that the downtown holiday lights were a big hit.
2. Councilman Frisch noted it was not a city sponsored thing that sent a person to North
Dakota.
3. Councilman Frisch stated Council should "keep the main thing the main thing ".
Councilman Frisch said there are priorities for 2012; finish the AACP, tackle land use code
changes, lodging study, an affordable housing summit and the hydropower project.
4. Councilman Skadron said he attended a physics lecture. These are put on by the Physics
Institute winter and summer and are interesting and fun for all audiences.
5. Councilman Johnson said the two employees, who won outstanding employee bonus
award, are an example of creative ideas and ways to spotlight the city and Aspen.
6. Councilman Torre stated this is a great place to be even without snow; people had great
attitudes and were having fun.
7. Mayor Ireland noted Alessandro's invitation was what started his trip to Europe to assess
Abetone as a sister city and to visit Aspen's established sister cities.
7. Mayor Ireland said the AACP is an advisory document and will not control land use.
Mayor Ireland said the community needs to recognize that Aspen may be a pawn in real estate
speculation and development. There is a block of empty buildings to the west of the Wheeler
Opera House. Mayor Ireland said the community has to think about what they want in Aspen
and not to continue to allow development that does not serve the community. Mayor Ireland said
some communities in Europe have taken steps to preserve their character and viability as a
tourist community and to limit speculative luxury homes which may supplant those uses this
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Regular Meeting Aspen City Council January 9, 2012
community needs. Mayor Ireland said he would like to have mass and scale the community can
live with.
8. Steve Barwick, city manager, requested an executive session at the end of the meeting.
CONSENT CALENDAR
Councilman Torre requested Resolution #3, 2012, be taken off the consent calendar.
Councilman Torre moved to approve the consent calendar as amended; seconded by Councilman
Johnson. The consent calendar is:
• Resolution #1, 2012 — Location Posting Notices of Meeting
• Resolution #2, 2012 — Appointment to NMPP and MEAN Board of Directors
• Board Appointment — Housing Board City /County Seat — Bobbi Berkley
• Minutes — November 2, December 12, 2011
All in favor, motion carried.
RESOLUTION #3, 2012 — Contracts — Streets Planning and Design North Mill Corridor
Councilman Torre asked about the timing of this project and whether it is a priority. Tyler
Christoff, engineering department, reminded Council this was the topic of a work session in July
2009. Staff presented Council with a number of different pedestrian and traffic safety projects
and North Mill street was one of Council's priorities. This contract is to hire a consultant for
help with planning the North Mill corridor. Councilman Frisch asked if there is a bigger plan
that this may or may not fit into. Trish Aragon, city engineer, told Council this will tie into the
Galena corridor. Christoff said coordination between projects is key to moving forward.
Christoff said part of this will be public input and a way to look at the bigger picture and how
this fits.
Steve Barwick, city manager, told Council this project will use public amenity funds.
Councilman Skadron asked what the public amenity fund is and whether the $115,000 allocated
to engineering management and contingency is appropriate to a $300,000 project. Ms. Aragon
said the pedestrian amenity fund comes from projects that pay into the fund rather than putting
those amenities into their project. Ms. Aragon said the scope has not yet been defined for the
construction and this will develop the scope and plans for North Mill street. Mayor Ireland said
he commutes up and down North Mill and it can be very scary with a lot of traffic and he
supports trying to find some solutions. Christoff pointed out the corridor is from the Mill and
Main intersection to the river. Councilman Skadron said he feels the intersection should be
looked at and this is money well spent. Councilman Torre said he agrees about the Mill and
Main intersection but would rather see a more comprehensive plan.
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Regular Meeting Aspen City Council January 9, 2012
Councilman Johnson moved to approve Resolution #3, Series of 2012; seconded by Councilman
Skadron. All in favor, with the exception of Councilman Torre. Motion carried.
ORDINANCE #1, SERIES OF 2012 — Code Amendment — Liquor Code
Councilman Torre moved to read Ordinance #1, Serifs of 2012; seconded by Councilman
Johnson. All in favor, motion carried.
ORDINANCE NO. 1
(Series of 2012)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING CHAPTER 5.08 OF THE ASPEN MUNICIPAL CODE, ALCOHOLIC
BEVERAGES, GENERAL REGULATIONS
Jim True, special counsel, told Council this is housekeeping and makes the city's code consistent
with the state liquor code.
Councilman Johnson moved to adopt Ordinance #1, Series of 2012, on first reading; seconded by
Councilman Skadron. Roll call vote; Torre, yes; Frisch, yes; Johnson, yes; Skadron, yes; Mayor
Ireland, yes. Motion carried.
ORDINANCE #38, SERIES OF 2011 — Theatre Aspen SPA Amendment
Jessica Garrow, community development department, handed out three letters for the record,
labeling them exhibit 0.1. Ms. Garrow told Council this is a request for approval of an
amendment to the Rio Grande SPA and a growth management review for an essential public
facility. The Rio Grande property is owned by the city and Theatre Aspen has a long term lease.
Theatre Aspen started in 1982 with performances in the basement of the Hotel Jerome. Theatre
Aspen approached the city in 1984 about locating in the Rio Grande park and operated from
1986 to 1992 with Council approval but no official land use reviews. In 1992 to 1994 Theatre
Aspen was granted temporary use approvals for use of the area. After the Rio Grande Master
plan was completed, Theatre Aspen requested a PUD amendment to become a permanent fixture
in the park, which was approved in 1995. Theatre Aspen has approval to operate from mid -May
to mid - September. Some site cleanup was required; storage and ancillary structures were
allowed; burying of utilities and landscaping improvements was required.
Ms. Garrow told Council in January 2011 the applicant met with Council in a work session to
talk about changes to their operation, a permanent lobby structure and replacing the tent. The
tent has been replaced, the entrance was re- oriented and with the parks department they
embarked on storm water improvements. This was processed as a minor SPA amendment and
the second part of the request is this SPA amendment to allow for a permanent lobby structure.
Ms. Garrow pointed out Theatre Aspen applied at the end of their season, which did not allow
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Regular Meeting Aspen City Council January 9, 2012
for enough time to get through the review process. In September 2011, Council approved a
temporary use approval to allow the tent framing and staging to be left up as a test case to see
what it would look like.
Ms. Garrow said the applicant is requesting a permanent lobby structure of 1947 square feet and
24' high, the ability to leave the tent up covered from mid -April to mid - October, leave the tent
framing up with walls and no roof over the winter, a new signage plan and a new temporary 10'
fence to screen actors in the back of house; this request is pursuant to the national actors'
association requirements. Ms. Garrow said staff recommends approval with some conditions.
Ms. Garrow said leaving the tent frame up will result in less wear and tear on the park; Theatre
Aspen estimates 48 fewer truck trips by not erecting and taking down the tent every year. Ms.
Garrow said this will create a permanent presence in the park for Theatre Aspen and help to
create a visual cue to the John Denver sanctuary.
Ms. Garrow told Council staff has concerns about the design of the proposal. The initial
proposal had just a tent frame with no covering. Staff requested Theatre Aspen explore options
to help screen the stage and seating and improve the look of the site. The applicants propose to
include canvas walls on the sides of the tent frame during the months it is not in use. The
applicants proposed a signage plan that staff felt was too urban in nature and applicants worked
to create a plan that works within the park. Ms. Garrow pointed out no employees will be
generated by the permanent lobby structure. Theatre Aspen was approved as an essential public
facility in 1995 and continues to meet that definition. Council may require any level of
mitigation. The housing office suggests an audit after one year of operation to confirm that are
no new employees generated; this is included as a condition in the ordinance.
Ms. Garrow told Council the original tent was 26'; this tent is 24' and the square footage is the
same. Councilman Skadron asked if the visual impact is the same as the structure approved in
1993. Ms. Garrow said the lobby structure is an increase, which is the reason for the growth
management review for 1900 square feet of the lobby. Previously there were a number of
ancillary structures approved; there is no documentation on the size of those structures so staff
opined the structures are all new and need a growth management approval.
Charles Cunniffe, architect, presented renderings of the lobby and the performance area, how it
would look when in operation. Cunniffe showed a rendering of the proposal with screen wall
and without a roof for the winter. Mayor Ireland said what people have been seeing now is not
what Theatre Aspen is proposing. Cunniffe told Council it is difficult for non - profits to come up
with funds and if they get approval for this SPA amendment, they will raise money to pay for the
screen. Cunniffe stated there is no reason to purchase the screen before approval. Mayor Ireland
said the test has not been what the proposal will be. Emily Zack, managing director Theatre
Aspen, said the proposal for the screen walls is in response to a request from community
development department. Cunniffe said there cannot be a roof because the 15' spans will not
support the snow load. Ms. Zack told Council they examined several roof options.
Councilman Frisch said the community was asked to view a skeleton structure. The community
requested more than just a skeleton and the applicant is proposing this screen wall. Cunniffe said
the applicants feel the screen wall is an improvement over the skeleton; however, this solution
came after Council's approval of the test. Councilman Johnson asked the cost savings of not
having to take down and set up the tent every year. Cunniffe answered about $60,000 /year plus
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Regular Meeting Aspen City Council January 9, 2012
the truck trips. Ms. Zack noted in order to take the entire structure down, the seating and the
stage have to be disassembled which adds another $120,000 /year. Paige Price, Theatre Aspen,
told Council since they have started these various projects, they have to come up to the city's
codes, which has changed the entire put up take down and added labor costs.
Jeff Woods, parks director, told Council he has been involved with this site since 1997 and
•
worked with Anne Denver to create the John Denver sanctuary, which is the entire site. Woods
told Council this fits within the long term vision of the John Denver sanctuary. Woods agreed
the screening is a better solution. Mayor Ireland asked the impacts of the traffic on site to put up
and taken down the tent. Woods stated less traffic improves the site; the machinery, including a
major crane, required limits the design options for access. The access has machinery going
through a heavily used park and trail. Woods said part of the spirit of John Denver includes
plays and music.
Cunniffe reminded Council this project started out as tent replacement and changed because of
the physical and code requirements. Councilman Torre asked why 24' is the chosen height for
the lobby. Cunniffe said this is a ten year plan and a specialized tent was chosen; the nature of
the frame is a result of the tent company's elements and is customized and meets code
requirements. Cunniffe noted a tent building cannot be seamed with a permanent structure and
the lobby slips over the tent. Councilman Torre said he does not feels the walls make it any
more aesthetically pleasing. The girders still stick out. Councilman Torre said he wished the
negative visual impact of the frame could be reduced. Councilman Torre stated he does support
the request for a lobby structure. Ms. Price told Council Theatre Aspen is trying to be modest in
its growth; they are not looking to produce year round, which is not sustainable for them.
Mayor Ireland opened the public hearing.
Sarah Pletts said she is not in favor of this proposal. Ms. Pletts told Council she has lived on the
edge of this park for years and has watched the progression of this public space. Ms. Pletts said
Theatre Aspen has violated the noise ordinance many times. Ms. Pletts asked where the donor
bricks are. Theatre Aspen has not been a good neighbor. Ms. Pletts said hundreds of plants were
planted along the Rio Grande and these have been replaced with commercial plants that may
harm the environment.
Junee Kirk said she is concerned about the John Denver sanctuary. This building will draw
one's eye away from the sanctuary and it is an unattractive design. Ms. Kirk suggested exploring
sinking the structure into the ground and looking at a tent in the round. Ed Foran stated he
supports this request; it ties art in the summer to this area. Foran said putting up and taking
down the tent puts wear and tear on the park and a 30 -ton crane is an unnecessary expanse on
Theatre Aspen. Foran said Theatre Aspen has been entertaining guests and visitors for 25 years
with professional quality theatre. Theatre Aspen has expanded their educational programs;
Theatre Aspen has worked with the parks department on this project and it deserves approval.
Councilman Skadron noted Council received a letter from Bert Myrin suggesting approval of this
will set a precedent that may invite Food & Wine's tent and X- games' tents to stay up year
round. Councilman Skadron said Council has to consider all decisions in light of impact on
subsequent decisions. Foran said the history of Theatre Aspen and the consistency of their
footprint is in keeping with the spirit of the park; Food & wine is a long weekend and it is not
comparable.
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Regular Meeting Aspen City Council January 9, 2012
Mike Monroney noted Food and Wine and X -games take place in spaces that are used by the
public the rest of the year and are temporary. Theatre Aspen's season is 5 months and is in a
relatively small space. Monroney said the applicants have tried to work with the parks
department and to make everything to code; this has been as harmonious as possible. Monroney
noted Theatre Aspen was in this location before John Denver sanctuary. Monroney said the
walls hiding the structure seem to be innocuous and when there is snow, it will be almost
invisible.
David Ledingham told Council he was in the first production of the Theatre under the Jerome.
Ledingham also runs a theatre organization. Ledingham noted the evolution of the Rio Grande
from gravel, impound lot, snowmelt to the art park, theatre and greenery has been wonderful.
Ledingham agreed the theatre was there before the John Denver sanctuary. Theatre Aspen works
with local actors as well as hiring Broadway actors. Ledingham urged Council to work with the
applicant.
Brad Slosser said it is important to understand what Theatre Aspen does to inspire confidence in
children. Slosser said school teachers are underpaid and over worked and those in the theatre
business probably run a close second. Slosser noted dedication, talent and desire that go into
preparation of live shows is driven by heart. Slosser stated this request seem to ask the city to
deem Theatre Aspen worthy of a permanent presence in this park. Slosser said part of the allure
of this institution is that Theatre Aspen's shows are presented in the heart of Rio Grande park,
along the trail and next to the river. Slosser asked what better way to promote the qualities of
community than to publicly endorse the arts as a way of life. Slosser said reasons to vote for
Theatre Aspen include it has been here for 29 years, it is a vibrant and growing theatre, that
Theatre Aspen attracts stellar talent and they have won theatre awards, this will avoid a 60,000
pound crane twice a year, and after all these years Theatre Aspen deserves acknowledgement.
Nina Gabianelli said she supports this plan and for creating something permanent for the theatre
as they are a permanent part of the arts and culture of Aspen.
Mayor Ireland closed the public hearing.
Councilman Johnson asked what it will take in this plan to install the tent covering, what
equipment and what labor. Ms. Zack said it is one day of labor for 3 or 4 people. Cunniffe
pointed out the previous music tent left a skeleton up in the winter and it became an icon
reminding people music will return in the summer. Cunniffe said this will be a curiosity for
tourists and will let them know something goes on in the summer. Mark said the tent can be put
with a rubber tired scissors Lift.
Mayor Ireland stated the noise ordinance has to be complied with regardless. Ms. Garrow
pointed out Section 7 of the ordinance includes a specific noise monitoring program for Theatre
Aspen because of past complaints. Environmental Health department will have the ability to
request additional measures if this is not complied with. Ms. Zack told Council she has worked
with environmental health department on this language; they have taken sound readings and at
times, the river has been louder than Theatre Aspen. Mayor Ireland asked about the comment of
fertilizer in the water and non - native plants. Woods said the plan for this area is to use native,
wetland plants for the sanctuary area to filter the storm water. There will be no pesticides.
Woods noted this area is not only filtering water from the park but 2/3 of the downtown.
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Regular Meeting Aspen City Council January 9, 2012
Cunniffe told Council the donor bricks are in storage waiting for the lobby to be built where they
will be installed as the floor. Councilman Skadron said a member of the public suggested the
content of the plays has changed that may or may not honor the original mission of Theatre
Aspen. Ms. Price said the mission includes creating new works, as well as plays like Annie,
which was done to find a role for a local actor as well as to use local school children and was one
of the biggest successes of the theatre. Woods reiterated that the Theatre Aspen tent was one of
the reasons for choosing this site with the Denver family to locate the John Denver sanctuary.
This site contained culture and spirit of the community. Woods stated he feels the tent is integral
to his original concept for this entire area.
Melanie Sturm, co- president of theatre Aspen, pointed out the issue of ESPN X -games and Food
& Wine festival and their tents, those are commercial for -profit enterprises; Theatre Aspen is
non - profit.
Councilman Skadron said he would prefer a solution that would do a better job of hiding the
skeleton; however, this is a pursuit of an economical and functional tent environment and there
are two goals that need to be prioritized; the parks aesthetic and the arts economy. Councilman
Skadron said his priority in this case is the arts economy. Councilman Skadron said the skeleton
of the tent can speak to residents and visitors the way an empty chair lift in the summer does.
Councilman Johnson said he has heard comments from the public that this skeleton is not
something they want to look at. Councilman Johnson said there should be a win/win way to
figure this out. Meeting code and raising capital are issues Theatre Aspen has to deal with.
Councilman Johnson said Theatre Aspen will not have to take the structure down until next
October and he suggested another year to try the wall or other maybe more creative solutions.
Councilman Torre said the community supports Theatre Aspen in their location and their
offerings and the only issue is the visual impact. Councilman Torre said he does not agree with
putting walls around the tent. Councilman Torre stated he does support the request for a
permanent lobby structure. Councilman Frisch suggested a year trail with the wall around the
skeleton with maybe some coverings for the girders. Cunniffe said this was designed as a
temporary solution; there may be a solution to use netting that would allow snow to fall through
and would act as a camouflage. Councilman Frisch
Mayor Ireland moved to adopt ordinance #38, Series of 2011, on second reading with the
following amendments: allow the wall be up for one year which would eliminate 3 take down or
put up changes, then the applicant comes back to Council for review comments, there should be
a sound measurement system specifying the allowable decibels, the donor bricks will be utilized
in the lobby, in accordance with the parks policy there will be natural plants and fertilizer free;
seconded by Councilman Skadron.
Councilman Torre said he would like to see a different roof form for the lobby. Ms. Garrow
suggested the applicant look at making it look different than the tent. Staff is happy with the
proposal.
Roll call vote; Johnson, yes; Frisch, yes; Skadron, yes; Torre, no; Mayor Ireland, yes. Motion
carried.
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Regular Meeting Aspen City Council January 9, 2012
RESOLUTION #4, SERIES OF 2012 — Temporary Use Aspen Country Day /Aspen Meadows
Jennifer Phelan, community development department, said this application is a request to operate
the Aspen Country Day School on the Aspen Meadows campus for the 2012 -2013 school year.
The applicants are the Aspen Music Festival and School, the Aspen Country Day, and the Aspen
Institute. The Meadows campus is made up of the Aspen Music Festival and School, the Aspen
Institute and Center for Physics. Ms. Phelan noted this area is zoned Academic with an SPA
overlay. Ms. Phelan reminded Council Aspen Country Day School's campus is being
redeveloped and they are requesting to operate the school at Aspen Meadows using existing
buildings and temporary structures. Ms. Phelan said the school serves 138 families, 207 students
in pre -K to 8 grade, with 52 staff.
The applicant has provided a transportation mitigation plan, which has been reviewed by the
city's transportation department; the highlights of which are encouraging bus ridership by
providing buses at no cost to the students, providing an additional bus route, an additional staff
commuter vehicle, monitoring onsite parking as well as drop off and pick up, rerouting the cross
town shuttle to stop near the campus. This request is to be in effect from August 2012 to June
2013. The applicants have offered staging of the Pro Cycling Challenge on part of the parking
lot will not be used by the school. Staff recommends approval with conditions; the zoning will
permit the operation of a school; the temporary relocation allows safety for children while the
school is being redeveloped.
Alan Fletcher, Aspen Music Festival and School, told Council the music festival and Aspen
Country Day School have co- existed on Castle Creek road and have an agreement for another
100 years. Fletcher said the original plan was for 4 years of construction allowing both schools
to run, winter and summer. Fletcher said there was a suggestion to move the Country Day
School off -site for one year to see if there would be economies of scale. The design team agreed
there would be savings in time, safety and money and in the first year of construction if the
Country Day School moved off site, 60% of the construction would be completed.
Fletcher told Council they had a plan drawn up to take to the Aspen Institute and Aspen Center
for Physics and they have approval of all the partners on the Meadow campus. Fletcher said the
applicants went through and leafleted every house in the west end, sent post cards, held 3 public
meetings and engaged in written correspondence. Fletcher reiterated this is a temporary use, it is
essential to the operation that the 2012 music season will not be interrupted and the site will be
back to its state in 2013, and of incalculable benefits to both organizations. Councilman Frisch
asked about possible delays. Fletcher said if there are delays, some construction aspects can be
shifted to future years. Fletcher said some site work on campus will be done during the summer
2012 session.
Councilman Skadron asked about the outreach dealing with traffic mitigation and enforcement
and where will the cost of those lie. Fletcher stated the immediate concerns was traffic. Fletcher
noted there are no evening events as part of Country Day School, no students who drive to
school. Fletcher said there were concerns raised about landscaping, most of which would be on
the city right -of -way. Caroline Hines, Country Day School, told Council they have done traffic
counts and have presented the city with anticipated results for the relocated campus. Ms. Hines
noted the student ridership is 105 students /day. The down valley bus is full and ACDS propose
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Regular Meeting Aspen City Council January 9, 2012
to add an additional bus for next year; they also propose to make the buses free; right now it is
$150 /month. Ms. Hines said the school is aware that the success of this plan will depend on a
good transportation plan and being a good neighbor. Ms. Hines told Council the applicants
expect with these transportation measures that the number of car trips will decrease. Ms. Hines
noted the current location on Castle Creek is not safe for students and faculty to ride their bikes
and the applicants hope this location will encourage more walking or bike riding.
Councilman Skadron asked if there is a cost for the proposed traffic mitigation and is it
appropriate for any of this to fall on the city. Ms. Phelan said the applicants will bear the costs of
the extra transportation, the school signage and the onsite traffic directors. Councilman Skadron
asked if these verbal representations not come to fruition and the impacts are in excess of what is
expected and there is additional financing burden, who is responsible. Ms. Phelan noted the
applicant is responsible to rectify any deficiencies. Jim Curtis, representing the Aspen Institute,
told Council the traffic mitigation plan will be attached to the resolution so that there will be no
misunderstanding. Curtis said the applicants will have personnel geared up to do the
enforcement; they are aware they have to set aside personnel and money to fulfill the
commitments of the traffic mitigation plan.
Mayor Ireland opened the public hearing.
Brill Frazer, 4` and Gillespie, noted they are affected neighbors and attended the neighborhood
presentations. Frazer agreed there will be inconvenience and additional traffic to neighbors.
Frazer said the minor hassles do not compare with the significant advantages to the Music
Festival and the Country Day School. Frazer said they want to help these applicants. Lars and
Anders Pomeroy, Country Day Students, support this temporary relocation. Lars pointed out an
important issue for the students is the noise and disruption from construction while they are
trying to conduct classes. Lars said it becomes difficult to focus with all the commotion. Jim
Pomeroy agreed the main issue is the safety of the children and this temporary relocation will
provide a safe environment for one year. Pomeroy agreed the city and citizens need to learn how
to control the traffic in the west end.
Lisa Markalunas said this will have a lot of impacts for the west end. Ms. Markalunas noted the
neighbors are willing to accommodate the Country Day School to make it safe for the students.
Ms. Markalunas said the traffic is a larger issue than the west end. Ms. Markalunas agreed the
applicant's outreach has been phenomenal. There has to be stepped up enforcement in the west
end. Ms. Markalunas said it is important that everything be done to also support the
neighborhood. Ms. Markalunas suggested the cross town shuttle could start earlier than 8 AM.
Curtis stated the applicants support anything that can reduce traffic and fulfill the traffic
mitigation plan. Ms. Markalunas said the neighbors would like to see a stop sign at Gillespie and
5 as people go too fast on this segment of the west end.
Trish Aragon, city engineer, said there is not enough traffic on Gillespie to warrant a stop sign at
this intersection. Ms. Aragon noted when intersection with little traffic have stop signs, they
become ineffectual. Ms. Aragon said it would be more effective to have personnel at this
intersection in the morning and when school gets out. Curtis pointed out the traffic mitigation
plan contains personnel for key intersections in the morning and afternoons.
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Regular Meeting Aspen City Council January 9, 2012
Marcia Goshorn said she supports the temporary use; this property was designed as an
educational campus. Ms. Goshorn noted the traffic in the west end has little to do with the
Country Day School and should be studied. Giles Thornley, representing 4 properties on
Gillespie street, said they are grateful to the Country Day School and the Music Festival and the
time they put into neighborhood outreach. Thornley said the property owners have given their
acceptance as long as there is landscaping along the north side of Gillespie. This is an area of
much use and this is an opportunity to work in partnership with the Music festival. The property
owners commit to contributing to these improvements. Thornley said the neighbors would like
to see more permanent landscaping and he will have a master plan drawn up by May 2012 that
will hopefully be in place by May 2013. Curtis told Council the applicants concur and thanked
the generosity of these 4 property owners. Curtis noted the permit for landscaping would be
issued by the city parks and engineering departments. Curtis said all parties will have to agree to
work cooperatively on the landscaping.
Bill Stirling, west end resident, said this will be a welcome experience to have a livelier west
end. Stirling agreed any way the Music Festival can be helped is good for the entire community.
Stirling noted this use will result in less traffic activity than the music festival events.
Mayor Ireland closed the public hearing.
Mayor Ireland suggested a provision that applicants, at their expense, take measures necessary to
keep traffic levels at 43 morning and night trips. Mayor Ireland agreed drivers go fast in the
west end, which is not the applicant's problem. Councilman Frisch said most of the opposition
he has heard is not applicant issues, that the west end if becoming more populated and busier.
Councilman Frisch said he does not see students going from bus to car because of change of
locations. Councilman Frisch noted the applicants outreach has been great. Mayor Ireland said
the city needs an assurance from the applicant that they will, at its own expense, do what it takes
necessary to achieve the stated traffic goals. Ms. Phelan entered exhibit F into the record, letters
from Lisa Markalunas, Steve Falender and Claude Salter.
Mayor Ireland moved to approve Resolution #4, Series of 2012, adding that the applicant will, at
its own expense, take steps necessary to create compliance with the stated goals in the traffic
management plan; seconded by Councilman Skadron.
Thornely suggested speed bumps to slow the traffic down. Mayor Ireland said he would like a
needs assessment before installing any speed bumps.
All in favor, motion carried.
RESOLUTION #5, SERIES OF 2012 — GMQS Rollover
Chris Bendon, community development department, reminded Council annually considers
whether to roll forward the unused growth management allotments. Bendon said there is a full
complement of allotments available from 2011 that Council could roll over to 2012. Staff is
recommending nothing be rolled forward; there are plenty of projects in the pipeline and a stable
level of growth occurring.
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Regular Meeting Aspen City Council January 9, 2012
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the
public hearing.
Councilman Johnson moved to approve Resolution #5, Series of 2012; seconded by Mayor
Ireland. All in favor, motion carried.
ASPEN CORE (BENTON/LITTLE ANNIE'S) ASPEN MODERN APPLICATION
Sara Adams, community development department, went over the background of this application.
In September, HPC saw a proposal that included demolition of Little Annie's, demolition of the
Benton building and construction of a new mixed used building on a 15,000 square foot lot.
HPC denied demolition of the Benton building, approved demolition of Little Annie's. Council
called up HPC's approval of demolition of Little Annie's; the applicant appealed HPC's
jurisdiction of review of demolition. This issue was before Council in November and it was
continued to the end of November. In the meantime, the applicant was working on a new project
which include designation of the Benton and Little Annie's building and a new mixed use
building on the 9,000 square foot lot. Ms. Adams told Council HPC reviewed this, gave
direction about the architecture, the applicant made changes and received conceptual review
approval from HPC.
Ms. Adams noted the purpose of this item is to get answers to two questions from Council; does
Council want to negotiate for the designation of these buildings in exchange for benefits
identified by the applicant. Second, how does Council want to negotiate; staff representative,
one or two Council representatives, the entire Council.
Ms. Adams showed a power point of the Benton building, it's construction, its relationship to the
mountains, the geometric shapes, the changes over the last 30 years. Ms. Adams noted the
applicant proposes to eliminate the rear of the building. Staff finds this type of architecture is
paramount to Aspen's story. Ms. Adams showed a picture of Little Annie's as it has appeared
since 1972. The applicant proposes no change to the building. The building is quirky and
contributes to the character of Aspen.
Ms. Adams said there are community benefits in this proposal; however, some concerns raised
are the requested waiver of affordable housing and the proposed size of the free market unit. Ms.
Adams said there will be an ordinance and public hearings. Ms. Adams recommended Council
appoint two representatives to negotiate. Ms. Adams pointed out Aspen Modern requires a 90
day negotiating period, which expires February 14` Both Council and the applicant would have
to agree to extend that time period. After 90 days, if there is no agreement, the applicants
proceed with the appropriate approvals. Their appeal is tabled and they could follow up on that.
Stan Clauson, representing the applicant, said they agree to the manner of negotiations and
Council representatives. The applicants feel this is a good point at which to move forward with
negotiations. Bendon reminded Council the action on the call up of HPC's decision was tabled
as Council had some questions on HPC's deliberations and requested a verbatim. The issues
were how HPC reviewed and referenced each criteria.
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Regular Meeting Aspen City Council January 9, 2012
Anne Mullens encouraged Council to enter into the Aspen Modern negotiations. Ms. Mullens
noted the inventory of this era of buildings is decreasing and these are two great examples and it
is important to keep these buildings. Ms. Mullens said Council will need to balance the desire to
retain these buildings with other needs, open space, affordable housing, etc. Junee Kirk said the
city has been dealing with inappropriate land use applications for years and changes need to be
made to the land use code. Ms. Kirk suggested a moratorium and apply it to all development
applications in the historic core. Bill Stirling noted a moratorium is not appropriate in this
situation as the applicant is already in process. Stirling said this is a consequence of an all
voluntary WWII historic designation program. Stirling said he feels a short list of post WWII
structures to be designated would have included the most important structures in town and would
have included the Benton building. Stirling urged Council to negotiate with the property owner
to see if there can be a give and take to make something work out for the community.
Councilman Torre stated he will support negotiations and volunteer to be on the negotiating
team. Councilman Johnson said although he is lukewarm, he will support negotiating.
Councilman Johnson said the applicant has the right to enter into Aspen modern and to enter into
negotiation. Councilman Johnson said he favors two Council and Chris Bendon being the
negotiating team. Councilman Frisch agreed with negotiating with two Council members.
Councilman Skadron said the moratorium is not applicable here. Councilman Skadron stated he
supports negotiations and it is not known what will come out of it. Councilman Skadron said he
will only support if the property owner will be at the table. Nikos Hecht said he will be there.
Mayor Ireland said he is tired of being blackmailed; a request for waiver of housing for 29.3
FTEs equals $4 million that has to come from somewhere. Mayor Ireland said he feels the offer
is offensive and it is like the distance between Pluto and Mars. Mayor Ireland stated he is not
interested in negotiating. Mayor Ireland said the city has a zoning problem, not a negotiating
problem. Councilman Johnson said he would like to give the negotiations a chance to see if
there could be a win/win for the community. Councilmembers Torre and Frisch agreed to be the
negotiating team.
Mayor Ireland moved to go into executive session at 10:55 PM pursuant to C.R.S. 24 -6- 402(4)
(b) Conferences with an attorney for the local public body for the purposes of receiving legal
advice on specific legal questions; (e) Determining positions relative to matters that may be
subject to negotiations; developing strategy for negotiations; and instructing negotiators and (f)
(I) Personnel matters where the personnel involved have not requested an open meeting;
seconded by Councilman Torre. All in favor, motion carried.
Councilman Torre moved to come out of executive session at 11:25 PM; seconded by Mayor
Ireland. All in favor, motion carried.
Councilman Johnson moved to adjourn at 11:25 PM; seconded by Councilman Skadron. All in
favor, motion carried.
Kathr /Koch
City Clerk
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