HomeMy WebLinkAboutminutes.council.19880816Continued Meeting Aspen City Council Auaust_16, 1988
Councilman Isaac called the meeting to order at 5:10 p.m. with
Councilmembers Tuite and Gassman present.
Councilman Isaac said there is a question about the ballot
language regarding the Marolt property. Jim Adamski, housing
office, said this issue will take some time and recommended a
work session or scheduled at the next Council meeting. (Mayor
Stirling came into the Council meeting). Fred Gannett, city
attorney's office, told Council the M.A.A. in conjunction with
the housing office, has a project they would like to build on an
area that may not have been included in the specific description.
Gannett said the question is whether the way the description is
written can be interpreted in such a way to give the Council the
authority to use the most southeast portion of the Marolt
property. If this is not permissible, does this need to go back
to a vote of the people.
Councilman Isaac said he would prefer to discuss this at the
August 22 agenda. Jim Adamski said he has proposed a southeast
portion of the property from the beginning. This did not
coincide with the ballot question. Gannett told Council his
office drafted the question that a 10 acre parcel was to be
considered. The only 10 acre parcel that has a metes and bounds
description is that parcel that Opal Marolt gave to the city free
and clear of any sixth penny restrictions. Gannett said that was
the parcel that the engineering department used as the legal
description as a generic metes and bounds description for the
question. Gannett told Council there was a reference to a book
and page in the ballot question, which is essentially the
description of the entire Marolt parcel. Gannett said an
argument can be made that what was approved was the southeast
portion of the Marolt parcel. There is an description that is at
odds with that.
Mayor Stirling said he does not have an interest in going to
another election. There is a general understanding of what the
intention of Council was. Councilman Gassman said it was clear
what was approved and what the proposal was. Councilman Isaac
said the city may have some liability. Councilman Tuite said as
far as he is concerned, the housing is on the southeast parcel
and he does not want to go to another election.
ASPEN MOUNTAIN LODGE PUD
Mayor Stirling suggested Council take th
work through them and vote on them each.
are employee housing; 6 is parking, and
and construction issues.
e P & Z conditions and
Conditions 1 though 5
the rest are technical
1
Continued Meeting Aspen City Council August 16_, 1988
Alan Richman, planning director, is told Council condition #7 is
the request of putting the language regarding the Galena street
improvement district into the PUD agreement. The prior PUD
agreement contained a lot of language about the improvement
district. Staff is suggesting the participation language be
revised to indicate commitment to provide improvements on the
frontage of the project corresponding to the Galena street
improvement district. Richman told Council there is one specific
improvement which the district intended to construct; however,
because of timing considerations, the city is discussing trans-
ferring district money to the applicant to allow the applicant to
construct this improvement.
Jay Hammond, city engineer, told Council the plan for the
improvement district included areas that were near and adjacent
to the f rontages of the Ritz project . Hammond told Council
because the way the construction fence is put up, the city cannot
get in there to do the work. Hammond recommended this be deleted
from the district work, transfer the funds to the applicant and
have them complete this work as part of the Ritz construction.
Perry Harvey, representing the applicant, said this makes more
sense. Hammond suggested the condition be clear that the city is
asking the applicant to complete the improvements. Hammond said
the city is working from a contract that has square footage unit
prices. Hammond said if their contract comes in higher, the
applicants obligations should be to complete the improvements as
opposed to doing the improvements at the money given.
Councilman Isaac moved condition #7 amended to reflect that the
allocation of district monies available to the applicant on a pro
rata basis, and that there is an obligation to complete these
improvements; seconded by Councilman Tuite All in favor, motion
carried.
Richman told Council condition #8 deals with storm work reten-
tion. There is a major storm work retention facility being
designed as part of the project. The concern is avoiding any
utility conflicts and making sure there is adequate separation
from the city water mains to prevent freezing. Hammond reminded
Council in the earlier process, there was granting of underground
easements in the Mill street area, expecting there would be
parking constructed under the street. This is no longer part of
the plan, but there is a plan for storm retention facilities in
that area. Hammond said this is to protect the city from
conflicts with that facility. Harvey said this is a requirement
to retain water and to release it at a later date so the storm
sewer system is not overloaded. A. J. Zabbia, Rea Cassens, told
Council originally this was inside the parking garage. Now this
will be a structure buried under Mill street. This will be two
parallel pipes, 6 feet in diameter by 100 feet long.
2
Continued Meeting Aspen City Council August 16, 1988
Councilman Tuite moved to approve condition #8; seconded by
Councilman Isaac. All in favor, motion carried.
Richman told Council condition #9 has to do with the storm
drainage requirements placed in the PUD, which resulted for
substantial detention on the top of Mill site. Richman said the
applicant is proposing a series of amendments to the drainage
program, including a commitment to fund an Aspen mountain
drainage study and to implement the results of this study.
Richman said there is feeling there needs to be additional work
done to determine how best to retain off site drainage that comes
on to this site as opposed to detaining on the top of Mill site.
The applicant is suggesting they will be willing to spend a
similar amount of money that they were planning to spend on the
top of Mill, estimated at $250,000. The applicants are committ-
ing to provide drainage improvement to the city in addition to
those required for their on-site facilities. These are commit-
ments associated with their growth management scoring. Richman
said this proposal is to fund a study the city believes is
necessary and to provide monies towards the implementation of
that study. This might be drainage easements or actual faciliti-
es.
Harvey said the top of Mill was given conceptual approval and
then held off pending the drainage resolution. The applicants
have agreed the way to do this is to examine the problem on a
city-wide basis and analyze the runoff and to try and get a
system that diverts this around the main part of town rather than
have the solution piecemeal.
Councilman Isaac moved to approve condition #9; seconded by
Councilman Tuite. All in favor, motion carried.
Councilman Tuite asked if this is a continuation of the study
being worked on by the city, county and Ski Company. Harvey said
it is.
Richman told Council condition #10 is a request by the city water
department to relocate one of the fire hydrants to the city's
satisfaction.
Councilman Gassman moved to accept condition #10; seconded by
Councilman Isaac. All in favor, motion carried.
Richman said condition #11 deals with the truck turning radii.
Harvey told Council P & Z felt one tower was too far out from the
building and wanted it moved closer to the main part of the
building for greater turning radius. Richman said the condition
also requires a certain amount of clearance across the entire
3
Continued Meeting Aspen City Council August 16, 1988
span. The applicants have a 15 foot stretch right across the
middle. Staff felt comfortable with 14-1/2 feet. Mayor Stirling
asked if the applicants will prohibit throscusseda access to the
street. Harvey said the applicants have d
hotel on Dean. Harvey said their goal is to ffaic on DeanstrThe
way and access and not to encourage through tra
applicants would like to create a mall feeling with an enriched
paving treatment.
Councilman Tuite moved to approve condition #11; seconded by
Councilman Isaac. All in favor, motion carried.
Richman told Council condition #12 is related to the landscape
plan, which has not changed a lot since the prior review.
Richman said an issue of concern is that the size was not called
out on the Norway maples nor was underground water called.
Richman told Council P & Z spent considerable time debating
whether to require a variety of trees to be planted or just
Norway maples and whether to get into internal planting of the
hotel. P & Z settled on this as their condition. Richman told
Council Norway maples are being used at Little Nell and through-
out the district and will create a sense of continuity.
Councilman Isaac moved to approve condition #12; seconded by
Councilman Tuite. All in favor, motion carried.
Richman brought up the question of the electrical service.
Richman said staff recommended that provision of electrical
service should be by the city. This condition was not accepted
by P & Z. Mayor Stirling asked why staff is requiring this
condition. Hammond told Council it is a big load and the city
would like to have this customer. Hammond told Council when he
suggested this condition, he understood there were no arrange-
ments between the project and Holy Cross electric. Hammond told
Council there is an arrangement with Holy Cross that the appli-
cants would be subject to a rebate of certain capital expenses
over a period of time. Hammond told Council there is no preclu-
sion in the Holy Cross franchise for the city competing for
customers. Hammond said the city will look at the arrangement
the applicant has with Holy Cross and determine if it is som e-
thing the city is able to compete with. Hammond requested to be
able to see if the city can offer a comparable arrangement.
John Sarpa, representing the applicant, said they felt it was
inappropriate, which they expressed to P & Z, that they would be
mandated to pick one electric company over another. Mayor
Stirling asked if the city has generally respected Holy Cross's
domain. Hammond said generally the city has. Mayor Stirling
asked if Holy Cross has competed outside their areas. Hammond
said they are arguably inside the city as they are providing
4
Continued Meeting Aspen City Council August 16, 1988
service to the Little Nell hotel. Hammond told Council because
of logistics, the city left Little Nell to Holy Cross. Harvey
told Council when the previous owner did undergrounding, there is
an agreement with Holy Cross for $163,000 that is refundable
over a 10 year period based upon usage. Harvey showed Council
where the transformers are located up the site and that the
city's lines do not extend up there. Harvey told Council the
applicants did their electrical siting based on access to Holy
Cross. Harvey said there is not room for them to put a trans-
former lower down on the site. Councilman Gassman said if the
city electric department wants to compete for the business and
make a better deal, that is fine. Councilman Gassman said this
should not be a requirement. Council agreed.
Richman said condition 13 is related to coordinating the various
aspects of the PUD, like redevelopment of the Grand Aspen and the
development of the Ritz Carlton. When Council was dealing with
resolution #11 in May 1988, they were looking at the development
of the Ritz, the park and the Grand Aspen as close together as
possible. Richman said because of the complexity of putting
together an application for the park and for the Grand Aspen
site, the hotel is almost through and the city has not seen a
development application for the other two portions of the PUD.
Richman said the staff was looking for general design com-
patibility, comfort that the number of units could actually be
accommodated on site, understanding the program for the ice rink.
Richman said there is nothing in the resolution stating when the
redevelopment for the Grand Aspen needs to occur.
Richman pointed out when the Grand Aspen comes down, this goes
from a 447 unit to a 342 unit-complex. There will be 105 less
rooms. Richman reminded Council the Grand will be 155 rooms at
the time the Ritz is initiated, and Council only allowed 50 rooms
in phase two. Richman said there are benefits the city will get
by having the Grand Aspen come down and by getting phase two
initiated. This includes street utility improvements, the
elimination of a building which is not up to code, the develop-
ment of facilities that will be more consistent with the entire
PUD, as well as a reduction of 105 units. Richman said the Grand
Aspen is the largest hotel in Aspen and is providing benefits to
the community like Winternational and conference facilities.
Richman said the trade off is whether Council wants the Grand
Aspen to come down immediately or 5 years after the c/o is
issued for the Ritz Carlton, which is what the applicant wants.
Richman recommended 2 years after c/o; the applicant requested 5
years, and P & Z recommended 3 years. Condition #13 is that
demolition of the Grand Aspen should occur within 3 years of date
of issuance of a c/o for the Ritz and there be plans presented
for that lot that the city would need to approve. Richman said
5
Continued Meeting Aspen City Council August 16, 1988
if the city has not approved plans because ofttoh extend the
process, Council could hnveoint dooptrif nthe 3 year deadline
demolition deadline. Richma p
occurs during the ski season, it is automaticallyintoethedCouncil
end of the ski seasonaidC the lissueanis awhen Council wants to see
meeting) . Richman s
phase two get underway.
Councilman Isaac said staff did not put any cause for the
deadline to be extended. Richman said this is a different type
of deadline from the growth management deadline. Harvey reminded
Council in the discussion about Resolution #11, the applicants
committed to a numerical program and to getting this into the
pipeline before the Ritz was completed. Harvey said the appli-
cants have not had enough time to do the architectural detail-
ing. Harvey said in order to refine the architecture on phase
two will delay this too long getting into the process. Harvey
said they are having trouble getting the setbackica t are stila
basic planning for this. Harvey said the appl
looking at whether these units should be two-beCouncilman Isaac
units, whether there should be a restaurant.
said the only reason he can see to grant an extension is if the
city's process takes too long. Harvey said the condition states
the applicants are permitted to request an extension. Mayor
Stirling said if this is not a formal GMP deadline, the appli-
cants can request an extension.
Councilman Tuite moved to approve condition #13; seconded by
Councilman Isaac. All in favor, motion carried.
Mayor Stirling asked what happens if the c/o for the Ritz is a
lot later than 1989. Jim Curtis asked if the resolution speci-
fies the permitted FARs on phase two. Curtis said one concern is
the impact of the overall project. Richman said the FAR was
established in Resolution #11. The city has not received a
specific development plan to review how the Folut~ ons ~st115,000
site. The maximum established in the res
square feet. Richman said this project will go through the PUD
review process.
Richman said condition #14 is a coordination issue of bring the
ice rink/park into this resolution. Richman suggested adding
specifics about rezoning of the parcel into this condition.
Richman said the subdivision to create lot 6 cannot be done
without a growth management allotment. Richman said without the
park rezoning he does not feel comfortable having a lot with no
development approval. Richman said the city should be through
the foundation permit review and issuance of a building permit
within 60 days of September 12. Richman said the applicant
should have a building permit by November 15. Richman said the
6
Continued__Meeting Aspen City Council August 16, 1988
applicants want to have uninterrupted construction underway or
unencumbered by any potential lawsuits.
Councilman Tuite asked if a date specific is what the city wants
out of this. The applicant has told the city they will give the
city the park as soon as they know they have the hotel. Richman
said he wants to avoid the hotel getting near completion and
having the park issue up in the air. John Sarpa said that is not
a problem. Richman suggested a certain number of days beyond a
full building permit, foundation and building permit.
Councilman Isaac moved to approve condition #14 with the addition
of setting a date for rezoning of approximately 90 days after
issuance of a building permit and to instruct that language to be
added to the agreement; seconded by Councilwoman Fallin. All in
favor, motion carried.
Richman said condition #15 is a statement by P & Z that approvals
have not been given for the ice rink and its associated facil-
ities. The city needs to look at growth management allotment or
exemption, there are conditional use questions for the res-
taurant, and the park zone requires the area and bulk be set by
PUD approval. P & Z made a point that in the analysis that have
been done for employee housing and parking and other impact
analysis, the ice rink has not been considered. The impact
analysis will be done at a later date.
Councilman Tuite moved to approve condition #15; seconded by
Councilman Isaac. All in favor, motion carried.
Hammond told Council when the excavation permit approval was
granted, there was a schedule for anticipated construction.
Hammond said this schedule has been on hold and staff is inter-
ested in re-establishing a schedule for construction. Hammond
told Council the bulk excavation was one of the most disruptive
activities for this project; however, there are other construc-
tion activities that will be very disruptive to adjacent neigh-
bors. Hammond said it is not desirable to be pouring huge
quantities of concrete through winter. H ammond said the city
does not have a specific revised schedule but this should be
carried forward as a condition. Hammond said there are para-
meters he will be looking at for the schedule. Hammond told
Council he and the contractor will seek to use the off season to
the best advantage. Hammond suggested most of the activity will
be disruptive, and it would not seem reasonable to shut the
project down during the height of the summer but to minimize the
impacts as best as possible. Harvey said the applicants do not
have problems with this condition.
7
Continued Meeting Aspen City Counci_1 August 16. 1988
Richman pointed out in his memorandum there are 9 specific areas
discussed and the first 8 of these were identified in the prior
PUD agreement. The staff and contractor would need to come to
agreement on the form of the construction activities. Richman
said the timing on these issues has changed but the basic
parameters have not. Richman told Council P & Z did not have a
lot of changes but added that all staging areas be screened, the
applicant asked for an opportunity to do internal construction
beyond the 10 p.m. deadline of the noise ordinance. Richman said
the agreement was the only activity allowed after the 10 p.m.
deadline would be something like painting or non-noise generat-
ing.
Richman brought up the provision of housing to deal with con-
struction worker impacts. Richman said the current regulations
do not address this. The staff is working with the applicant on
this. Richman told Council staff asked the applicant to look at
the impacts that could be expected when the crew would be at its
maximum size and where they would be coming from. Richman told
Council for the period of construction, the Alpina Haus and
Copper Horse are not expected to be deed restricted until there
is a c/o on the hotel The applicant would expect to house the
crew at these places. Harvey told Council the applicants have
housed music students at these places. Harvey said when he came
up with this program it was bef ore what happened with the M.A.A.
this summer. Harvey told Council the applicants have had 128
music students this past summer. Harvey said housing workers is
really the contractor's problem. Harvey said if the applicants
can help to accommodate the contractor, they will. Harvey said
it might be better for the M.A.A, to have the housing next
summer as they cannot commute. Harvey told Council the contrac-
tor will provide busing and tool storage on site. Harvey told
Council he would be willing to work on this with the staff.
Richman told Council when staff looked at this issue, there was
the potential for 4 hotel projects going on at the same time.
Richman said Little Nell and this project have become naturally
phased, and the projects at the Highlands are not happening. The
housing situation is different because of this. Richman pointed
out P & Z is supportive of construction workers being housed at
the Meadows when the Meadows is not operating. Mayor Stirling
asked why the 9 construction impacts are not listed specifically
in condition #16. Richman said 1 through 8 are addressed in the
current PUD agreement and will be addressed in the new one.
Richman said there is nothing in the code that sets 9 as a
specific requirement.
Councilman Tuite said he is concerned about the statement that
most of the employees are expected to be recruited from outside
the valley. Harvey told Council at that time, this project was
8
Continued Meeting Aspen Citv Council Auaust 16. 1988
on track with Little Nell. Harvey said the construction season
was looking so busy in this town that most local employees would
rather work f or someone who is here year round rather than work
for a one-time project. Harvey said another point is that this
is a huge project and there are not that many subs that can
handl e it. Harvey told Council PCL contractors is taking bids
from local electric and plumbing contractors. Harvey told
Council this was not a conscious effort. Sarpa told Council the
applicants have asked PCL to do what they can to involve the
local community in this process. Harvey said he feels local
contractors can be competitive because they do not have to build
in housing and transportation factors. Councilman Tuite said he
would like see the contractors try and get employees from the
valley. Mayor Stirling said he would like to see this articu-
lated in the condition.
Mayor Stirling asked about extra cleaning of Mill, Monarch and
Durant streets as part of this project, and whether this is the
city's responsibility or that of the contractor. Hammond told
Council during the bulk excavation process, the contractor
brought in his own flushing equipment. The city provided some
assistance with sweeping at the expense of the contractor.
Hammond told Council the city would like to keep that kind of
cleaning an obligation of the developer. The excavation is the
major problem when a lot of mud is being tracked. Hammond said
this can be addressed through the construction scheduling. Mayor
Stirling said he would like this added in the conditions.
Councilman Isaac moved to approve condition #16 as amended with a
new (e) and (f) as above; seconded by Councilman Tuite. All in
favor, motion carried.
Richman told Council condition #17 is the environmental health
department concerns, which the applicants have been put on notice
about and which they have no problems with.
Councilman Tuite moved to approve condition #17; seconded by
Councilman Isaac. All in favor, motion carried.
Richman said condition #18 is a concern with the commercial
proposal on the first floor of the Blue Spruce building, there is
a potential for commercial uses to creep into the lodge district.
The applicant intended to propose these uses by accessory, but
there was nothing specific to regulate that. Richman said the
staff wanted something so that when the uses turn over in time,
there is something in the agreement that will help to limit this.
Richman said P & Z and the applicant came up with a series of
uses, which are standard for a major hotel facility. Richman
said this is a 4300 square foot commercial space. There are 4
spaces shown, and these will not be allowed to be combined. This
9
Continued Meeting Aspen Citv Council August 16, 1.988
will keep a major ski shop or clothing store from being located
there. Richman said the city did not want to draw stores from
the other side of the commercial district to this area.
Harvey said there will probably be an accessory ski shop-type
uses. Harvey said the applicant and staff agreed these will be 4
different shops and put in some specific uses for these shops.
Councilwoman Fallin moved to approve condition #18; seconded by
Councilman Tuite. All in favor, motion carried.
Richman said condition #19 is the requirement that the documents
be updated, both the agreement and the set of drawings, the
elevations and floor plans so there will be a specific FAR.
Richman said this condition can specify the countable FAR is not
to exceed 190,000 square feet.
Councilman Isaac moved to approve condition #19 amending (a) and
(e); seconded by Councilman Tuite. All in favor, motion carried.
Richman said condition #20 makes sure that all the representa-
tions made by the applicant during the process are included as
requirements. The city's commitments are also requirements in
this.
Councilman Tuite moved to approved condition #20; seconded by
Councilman Isaac. All in favor, motion carried.
Mayor Stirling brought up the paragraph from the P & Z recommend-
ing that Council grant an extension to the project to the extent
necessary to permit the completion of the processing of these
amendments but not limited to the recordation of the plat and
the amendments. Harvey told Council the applicants have some
Ritz Carlton people present to discuss employee housing and would
prefer to do that before discussing this paragraph.
Ed Staros, regional vice president Ritz Carlton, told Council
Ritz has 6 operating hotels and 2 that will be opening this year.
Staros told Council Ritz normally opens a sales and marketing
office in the community 12 to 14 months prior to the opening of
the hotel. This office becomes an office where people drop their
resumes. From these resumes, Ritz can look at who is in the
community and can hire key management personnel. The employees
are trained in the corporate office and placed back in the
community. Staros told Council Ritz has hiring clinics in the
communities. Staros told Council Ritz also works with community
colleges. Horst Schulze, Ritz Carlton, has been working with
Colorado Mountain College on vocational training. Staros said
Ritz also brings in some employees. Ritz has an executive
committee consisting of a general manager and 7 division heads.
10
Continued Meeting Aspen City Council_____ August 16. 1988
This executive committee is the key to continuity from hotel to
hotel. These 8 people will possibly be brought into the com-
munity.
Staros told Council training is Ritz's number one criteria and
they have an extensive training program in every single level in
the hotel. Every employee has a minimum of 40 hours training
before they greet a guest. Mayor Stirling asked h ow many
employees are expected to be generated. Staros said the standard
in their hotels is one employee per guest room. This has a
variance of 5 percent in either direction. Councilman Tuite said
if Ritz trains all their employees, they are more valuable. It
should follow these employees should be paid well because Ritz
does not want turn over of employees. Staros said Ritz looks at
what the market will bear as far as salaries and adjusts these
according to the community.
Councilman Isaac asked what percent of the employees will come
from outside the community. Staros said he is not sure, but
Ritz hopes to hire as many from the valley as possible. Staros
said the most recent Ritz opening was Rancho Mirage and they
brought in 44 people out of 255 employees. Harvey said the
concern is new housing for people that will be coming in.
Harvey said the Alpina Haus and Copper Horse were both short-
termed this past winter. These will house 89 employees. The
Grand Aspen will house 4 employees. Harvey told Council in the
Hunter Longhouse agreement, there was a commitment by the
housing authority to use the money and interest earned from it to
provide housing for 13 new employees. As a result of this
project, new housing will be created at the Hunter Longhouse site
for 13 people. Jim Adamski, housing director, said the money for
these units will come out of the $250,000 loan. Adamski told
Council the Hunter Longhouse is paying the Aspen Mountain Lodge
back f or their loan.
Harvey told Council at the last meeting they brought up Ute City
Place and requested future credits for these units. Harvey said
Council's concern was that these housing units would be needed
for the Ritz. Harvey pointed out there is a provision in the P &
Z resolution calling f or an audit at the end of the second year
to see if the Ritz is housing 60 percent of their employees.
Harvey told Council the applicants intend to build Ute City Place
in conjunction with the Ritz and have it available for housing.
The audit will determine whether these units are needed for Ritz
Carlton employees or whether they will be available f or f uture
credits.
Harvey said the housing will come first, and the determination
whether this is a future credit will come out of the audit.
11
Continued Meeting Aspen City Council August 16, 1988
Councilman Tuite said until 3 years from c/o of the Ritz, the
applicants cannot look at this as future credits. Harvey said
correct. Councilman Tuite said if the audit shows the Ritz does
not have enough employee housing, the Ute City Place units will
be used as credit against that, or if they have allowable credit
they can use these units for future projects. Mayor Stirling
said the conditions should specify the numbers of employees to be
housed, the number of units and a completion date, and the fact
that these will be restricted to the city's guidelines.
Councilman Isaac moved to approve condition #2 as amended to
include Ute City Place for 37 employees, 22 units, ready for
occupancy at the same time as the c/o for the Ritz; seconded by
Councilman Tuite. All in favor, with the exception of Councilman
Gassman. Motion carried. (Councilman Tuite left Council
Chambers) .
Richman told Council condition #1 is necessary so that there will
be no more than 447 units in operation, which is the maximum
lodge allocation available to the applicants; 155 at the Grande
Aspen and 292 at the Ritz.
Councilman Isaac moved to approve condition #l; seconded by Mayor
Stirling. All in favor, motion carried.
Richman told Council condition #3 is a recommendation by the
housing authority. The numbers are the basis f or the employee
generations of the Ritz. One concern is the restaurant inside
the hotel. If it grows, the employee generation could also grow.
Richman told Council the city does not normally obtain employee
housing for outside dining in open space. This was discussed at
the P & Z, and they agreed. Richman pointed out when restaurants
do outside dining, it is not necessarily an expansion.
Councilman Isaac moved to approve condition #3; seconded by
Councilwoman Fallin. All in favor, motion carried.
Councilman Isaac asked if two years is adequate for the audit and
is it going to be averaging or the employees at that time.
Harvey said the audit is for the second year of operation so
there is an entire 12 month picture. The audit will take the
factor of a full time equivalent employee, will convert part
time and seasonal and come up with the number of full time
equivalent employees. Harvey said the applicants have discussed
an audit after 1, 2 or 3 years. Three years would probably be
more stable but it was felt to be too long.
Councilman Isaac suggested an audit two years and four years
after the c/o. Mayor Stirling asked about the date for bringing
in the audit. Harvey said he does not know how long an audit
12
Continued Meeting Aspen City Council August 16, 1988
will take. Harvey suggested the audit should begin within 30
days after the end of the second year and be completed and have
the results available no longer than 90 days. Council requested
this be added to the condition #4.
Councilwoman Fallin moved to approve condition #4 as amended;
seconded by Councilman Isaac.
Councilman Isaac asked if Council was interested in having an
audit after 4 years. Harvey said there will probably be f ewer
employees as a business goes along because efficiencies will be
developed. Staros agreed the peak number of employees is in the
beginning.
All in favor, with the exception of Councilman Gassman. Motion
carried.
Richman told Council condition #5 is the applicable ratios for
employee housing. Richman said the 56/44 comes from the original
approval and maintains that is the required mix of 56 percent
low, 44 percent moderate. Exhibit A is the formula of how
employees are generated minus the credits. Richman said the
formula also approximates 1 employee per bedroom.
Councilwoman Fallin moved to approved condition #5; seconded by
Councilman Isaac.
Councilman Isaac said he is not happy how the applicants got the
credits and debits.
All in favor, with the exception of Councilman Gassman. Motion
carried.
Mayor Stirling said he has uncertainty about condition #2. Mayor
Stirling asked the proposed square footage of Ute City Place.
Harvey said the total is just under 17,000 square feet of FAR.
The studio units are 450 square feet; one bedroom 650 square feet
and two bedrooms are 900 with a couple just over 1,000 square
feet. Mayor Stirling asked what the applicants are factoring as
a cost of construction. Harvey told Council it is between S70 and
$85 per square foot. Mayor Stirling said if the construction
costs are $70 per foot, that is $1,390,000 plus $700,000 for the
cost of the ground for a total of $2,100,000. Mayor Stirling
pointed out two members of the P & Z talked about a cash-in-lieu
payment for 69 housing credits, which would be $1,725,000.
Mayor Stirling said he is trying to balance the cash-in-lieu with
the housing commitment. Councilman Isaac said the city would
have to do something with the cash-in-lieu money. Fred Gannett,
city attorney's office, said he has prepared an ordinance to
approve these amendments for the August 22nd agenda. Council
13
Continued Meeting Aspen City Council August 16, 1988
requested that ordinance be added to the agenda. Council
scheduled a continued meeting to August 24 at 5:00 p.m. This
meeting will cover parking and the extension.
Council left Council Chambers at 7:10 p.m.
_,~~~l~
Kathryn S Koch, City Clerk
14