HomeMy WebLinkAboutminutes.council.19950814Aspen City Council Regular Meeting August 14, 1995
Mayor Bennett called the meeting to order at 5:05 with Councilmembers Richards,
Waggaman, Marolt and Paulson present.
CITIZEN COMMENTS
There were none.
COUNCILMEMBER COMMENTS
1. Councilman Paulson said Mary Ellen Smiddy and Alice Hubbard are putting
together a grant on pedestrian efforts to submit to the Governor’s office.
Councilman Paulson said he would like to get Council’s endorsement for this grant
or put this on the next agenda. Mayor Bennett said there are several citizens groups
working on pedestrian improvements, sidewalks, lights, crossings. Mayor Bennett
said the NAC feels they have been usurped by other citizen committees. City
Manager Margerum suggested a work session or an agenda topic to meet with all
groups addressing pedestrian improvements and see where there might be
coordination. Council scheduled a work session for Tuesday August 22 at 5 p.m.
and requested staff contact all interested groups.
2. Councilwoman Richards moved to add to the agenda as action item (b) the
request for funds from the Arts Council for an economic survey; seconded by
Councilwoman Waggaman. All in favor, motion carried.
3. Councilwoman Richards moved to continue Ordinance #37 and # 32;
seconded by Councilman Paulson. All in favor, motion carried.
4. Mayor Bennett said the entrance to Aspen design charrette came up with an
interesting possibility that no one had envisioned going into the meetings. Mayor
Bennett said 10 engineers and designers came to a consensus in a very exciting
event. Staff and Council are communicating this new plan to the public. Mayor
Bennett talked to the HPC. There are presentations scheduled for P & Z, CCLC,
TIC, NAC and one to the Board of County Commissioners August 15 at 12:30.
5. City Manager Margerum told Council staff has been working on way to
“reinvent government”, ways to make government more efficient and accountable.
A staff retreat is scheduled for August 24 and 25. After that staff will be making
presentations to Council and the community to get further input.
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Aspen City Council Regular Meeting August 14, 1995
CONSENT CALENDAR
Councilwoman Richards moved to read Ordinance #41, 40, 42, and 38, Series of
1995; seconded by Councilman Paulson. All in favor, motion carried.
ORDINANCE #41
(Series of 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 123 W.
FRANCIS STREET, LOTS C, D, E AND THE EAST 1/2 OF B, BLOCK 56, CITY
AND TOWNSITE OF ASPEN, AS “H” HISTORIC LANDMARK PURSUANT
TO SECTION 24-7-703 OF THE MUNICIPAL CODE
ORDINANCE #40
(Series of 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND SECTION 22-2 OF THE ASPEN MUNICIPAL
CODE MODIFYING THE MODEL TRAFFIC CODE BY IMPOSING AN
ABSOLUTE SPEED LIMIT AS THE MAXIMUM LAWFUL SPEED LIMIT ON
CITY STREETS WITHIN THE CITY OF ASPEN
ORDINANCE #42
(Series of 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND THE SALES TAX CODE BY THE DELETION OF
SECTION 21-10.10(24) RELATING TO THE EXEMPTION OF
TELECOMMUNICATION ACCESS SERVICES INADVERTENTLY
INCLUDED IN THE TAX SIMPLIFICATION CODE OF 1992
ORDINANCE #38
(Series of 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX
MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS
AND VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF
1991, AND EXTENDED BY ORDINANCE NO. 22, SERIES OF 1994, AND
AGAIN BY ORDINANCE NO. 10, SERIES OF 1995, FOR THREE
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Aspen City Council Regular Meeting August 14, 1995
TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES ON LOT 6 OF THE
ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY
COLORADO were read by the city clerk
Councilwoman Waggaman moved to adopt the consent calendar; seconded by
Councilman Paulson.
The consent calendar is:
·
Minutes - July 10, 24, 1995
·
Ordinance #41, 1995 - 123 W. Francis Landmark Designation
·
Budget Request - Primary Electric Line Replacement Behind Red Brick
·
Ordinance #40, 1995 - City Speed Limit
·
Ordinance #42, 1995 - Amend Sales Tax Code
·
Resolution #51, 1995 - Contract Earthworks - Red Brick Storm Drain Line
·
Resolution #47, 1995 - Contract Approval Sale of Cemetery Lane Units
·
Ordinance #38, 1995 - Aspen Meadows Townhouse Extension of Approval
·
Resolution # 48, 2995 - Contract Award 1995 Water System Improvement
·
Resoltuion #49, 1995 - Deputy municipal Judge Ehrlich
Roll call vote; Councilmembers Marolt, yes; Waggaman, yes; Paulson, yes;
Richards, yes; Mayor Bennett, yes. Motion carried.
ORDINANCE #36, SERIES OF 1995 - Tap Fees for Irrigation
Phil Overeynder, water department, told Council staff has determined about 300
systems are hooked up with irrigation systems without permit or paying the tap fees.
Overeynder reminded Council customers have been complaining because they do
not feel the credit for converting the existing systems is sufficient; there is new
technology which is not rated and the same factors should not apply; the standard
allowance provided for a system with a given supply line size is not adequate; and
often the tap fees exceed the cost of the installation of the irrigation system.
Overeynder said the adoption of this ordinance will address new customers;
however, staff needs to address non-compliance for systems already installed.
Overeynder suggested a credit for existing hose irrigation. This would mean
conversion of two hose bibs is large enough to offset a 3000 square foot irrigation
system. Another option is to increase the standard square footage allowance for a
3/4 inch sprinkler system to 3000 square feet. The third option is a standard
allowance for a drip system, which is much more efficient than a sprinkler irrigation
system, will be encouraged.
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Aspen City Council Regular Meeting August 14, 1995
Overenyder recommended using option 2, which assumes customers did this in
ignorance and to convert without a retroactive charge. Mayor Bennett said he
would prefer option 2, the ability to convert to bring the price down. Overenyder
said staff will put the effort into getting compliance and will take about 9 months to
get it into equilibrium. Councilwoman Richards agreed it is important that people
are paying for the water that is delivered to them.
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilwoman Waggaman moved to adopt Ordinance #36, Series of 1996, on
second reading establishing credits for conversion of an existing system and it be
done by option 2, and people who have paid their tap fees in the past receive
recompense as staff chooses; seconded by Councilwoman Richards. Roll call vote;
Councilmembers Paulson, yes; Waggaman, yes; Richards, yes; Marolt, yes; Mayor
Bennett, yes. Motion carried.
ORDINANCE #33, SERIES OF 1995 - Grand Aspen Demolition Extension
Stan Clauson, community development director, reminded Council the issue is the
extension of the Grand Aspen hotel past October 1995. At the last meeting the
applicant proposed to rent 70 rooms to the M.A.A. for the next 3 summers, 4 weeks
full free market rental, 16 weeks of rental to groups and the hotel will be closed for
12 or 13 weeks.
Clauson told Council the Aspen Mountain PUD agreement required a total of 129
parking spaces. This agreement was amended by the ice rink section M amendment
reducing the number of parking spaces to 125. Savanah submitted a plan showing
they have 125 parking spaces. Clauson said staff has looked at the parking spaces
and found 8 were marked no parking and should be marked loading zone, which is
consistent with the PUD agreement. The condition in the memorandum states that
Savanah shall provide parking spaces to comply with the Aspen Mountain PUD
agreement. Clauson told Council the Grand Aspen has about 15 percent of the total
rooms of short term accommodations without kitchens.
John Sarpa, representing Savanah Limited Partnership, stated the parking of this is
in compliance with the PUD agreement or very close. Sarpa told Council they have
had conversations with the small lodges as directed at the last meeting. Sarpa told
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Aspen City Council Regular Meeting August 14, 1995
Council this applicant and the small lodges did not quite come to an agreement.
Sarpa said they met with adjacent properties on their issues of visual impact and
how the hotel is being operated. Sarpa said the applicants cleaned up, changed
some exterior, and committed in writing to issues they will address over the next 3
years if this extension is granted.
Sarpa said there about both short and long term issues to be addressed. Sarpa said
Savanah supports the on-going talks with Council and staff on the small lodge
requests for a long term solution. Sarpa said another long term issue is marketing
and advertising. This is not something that the small lodges have done in the past.
Savanah has offered to assist in a marketing. Walter Eisenberg, Sage Management
Company, told Council they could provide assistance at trade shows by including
the Gems of Aspen properties. Sage would forward leads on to the small lodges.
Sage could also provide access to mailing lists twice annually. Sage belongs to
Media Designs, would give Gems of Aspen access to being listed in guides like
Quest and Passport. Sage could also provide advertising discounts well as being
able to distribute their brochures in Sage’s 60 other properties. Eisenberg said the
Grand Aspen could book reservations for the small lodges when the Grand Aspen is
full or closed. The Grand Aspen could pass on their product and cleaning supply
discounts on to the small lodges.
Sarpa said the number of small market lodge rooms that the Grand Aspen is
requesting is somewhere between 50 and 80. The PUD very clearly allows 50
rooms. Sarpa said the applicants feel that 72 free market rooms is an appropriate
number. The old Blue Spruce building is only retail on the first floor; the top two
floor are empty. This was approved for 22 hotel rooms that were not built. Savanah
has applied to P & Z for approval to transfer these 22 lodge units to lot 5 (Grand
Aspen Hotel). The applicants feels they should have the ability to offer 72 rooms on
the free market. Sarpa told Council the applicants and the small lodge owners did
not agree on the number of free market rooms.
Sarpa stated that the Grand Aspen has to make revenues during the winter in order
to be able to support the M.A.A. contract and summer activities. The current
proposal is 72 free market rooms in the winter and 78 group rooms except for 2
weeks in December when they could rent all 150 rooms at free market. In the
summer the Grand Aspen would rent 50 room free market and 100 rooms would be
group rooms, which would include the M.A.A. Sarpa said at the last meeting, their
group definition was at least 10 rooms. Sarpa said the applicants examined at which
point they take themselves out of competition with smaller lodges for group
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Aspen City Council Regular Meeting August 14, 1995
business. Sarpa said they will make their group size 20 rooms or 35 people
minimum. The vast majority of the small lodges cannot accommodate groups of 20
rooms or more.
Mayor Bennett opened the public hearing.
Jayne Poss, Hotel Lenado and Sardy House, said she is very concerned about the
guest experience and the quality of the Grand Aspen Ms. Poss said she has a lot of
respect for the lodging business in Aspen and the dedication and commitment of the
enhancement of the guest experience. Ms. Poss said if a positive guest experience
is not provided, people will not return to Aspen. Ms. Poss said she is concerned
about the guest experience in a hotel that only has a 3 year life span. Sarpa said the
Grand Aspen does have return business and does have groups that return year after
year. Sarpa noted after the construction workers were housed at the Grand Aspen,
they did receive a high level of complaints. The Grand Aspen has worked hard to
get back to an acceptable level of service. Sarpa said if they receive a 3 year
extension, they are committee to a list of improvements, some of which relate
directly to the experiences of the guests.
Michael Behrent, St Moritz, representing the small lodge owners, told Council most
small lodge owners already belong to two different levels of marketing. Behrendt
said the small lodge owner agree the Grand Aspen can rent 50 free market rooms
until the building is torn down. The restaurant, bar and concessions can stay. The
other 100 rooms should be M.A.A. in the summer and employee housing the other 9
month of the year. This would be the easiest to enforce and to operate.
John Werning entered into the record articles from the Aspen Times dated August
12, 1995, told Council they worked hard with Sarpa to come to an agreement.
Werning said Council has a tough decision to make that will affect a lot of people’s
lives. Bruce Kerr, Aspen Manor lodge and ex-P & Z member, said Council needs
to consider what is fair. The applicants have approval to operate 50 lodge rooms on
that site; they do not have approval for another 100 rooms. Kerr said he does not
object to these rooms being used for the good of the community, as in M.A.A.
Sarpa said the applicants cannot just provide rooms to the M.A.A. gratis. Sarpa
said the applicants need the revenue from room rental to support the M.A.A.
contract in the summer. Irma Prodinger, Hearthstone House, said the 22 rooms not
built at the Blue Spruce was their decision and choice. These should not be made
available on the Grand Aspen site.
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Aspen City Council Regular Meeting August 14, 1995
Sarpa said their marketing proposal was given in good faith. Sarpa said the Grand
Aspen operates 150 rooms, which can be confirmed. This excludes 7 rooms being
operated as employee housing. Sarpa said the ability to give 70 rooms to the
M.A.A. is a function of the proposal they made and the need to raise revenue by
selling other rooms. Sarpa said the applicant has made their best faith effort and
has given numbers they can live with. If that cannot be worked out, Savanah will
demolish the hotel.
Doug Niehaus, Aspen Lodging Company, told Council since the last Council
meeting he has met with Savanah. Savanah has made a lot of improvements on the
grounds as suggested by the Lodging Company. Edward Sweeney, Aspen Music
Festival, told Council the Grand Aspen has been a great facility for the M.A.A. and
they would like to see this request approved. Sweeney told Council he has spent a
lot of time looking for places to house 50 students or more with no luck. Sweeney
said he would like to see a positive resolution of this. Sweeney told Council the
Music Festival has about 925 students and they house about half of them. The
housing need of the Festival keep growing; the amount of students does not
increase,
Mayor Bennett closed the public hearing. Council recessed for 15 minutes
Councilwoman Richards said she could support the small lodges proposal of August
3 that the number of free market rooms should be 50. There was a deal made with
the community and the Ritz for 292 rooms. Councilwoman Richards said she will
support the request for extension of the demolition deadline if there are 50 rooms
rented free market and the rest are affordable housing or M.A.A. Councilwoman
Richards said lodges go through a cycle and the Grand Aspen is a very old building
and may not be giving the visitor the type of guest experience he is expecting.
Councilwoman Richards said she feels the small lodge issue and marketing issue are
diversions from the main issue. Councilwoman Richards said there was a deal made
and concessions made and it is not fair to keep those rooms open and rented.
Councilman Marolt said Savanah Limited Partnership has invested a lot of money in
Aspen and they deserve some consideration from Council. Councilman Marolt said
Savanah is trying to create a place for groups to come to Aspen. Councilman
Marolt said the Grand Aspen is vital to the M.A.A. for the next 3 years.
Councilman Marolt said Savanah has a right to the return on their investment.
Councilman Marolt said he is in favor of granting the extension and allowing 50 or
60 rooms to be rented free market.
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Aspen City Council Regular Meeting August 14, 1995
Sarpa said the proposal they made was the absolute minimum revenue they can live
with in order to provide rooms to the M.A.A. in the summer. Sarpa said the income
derived from renting the rooms to employees the rest of the year would not be
sufficient to support the M.A.A.; Savanah would be paying to keep the hotel open
for the M.A.A.
Councilwoman Waggaman said there has been plenty of time for the applicant to
have had the planning in place. Councilwoman Waggaman said she is very
concerned about the quality issue, guest experience and return visitors.
Councilwoman Waggaman said she does not know how one would structure quality
protection. Everyone seems to agree that 50 rooms could be rented free market and
the M.A.A. needs at least 70 rooms in the summers. Councilwoman Waggaman
said she would support all 150 rooms being rented free market over the 2 weeks at
Christmas time as it is a benefit to have rooms available at that time.
Councilwoman Waggaman said she does not think these rooms would be attractive
as employee housing, nor would it encourage people to take care of the rooms.
Councilwoman Waggaman said she does not support affordable housing nor does
she want to see the Grand Aspen closed. Councilwoman Waggaman said she could
support groups of 35 to 40 people in 20 rooms. Councilwoman Waggaman said it is
important for groups of that size to have a place to come. There are not a lot of
small lodges that can accommodate groups of 35 to 40 people.
Councilman Paulson said he can only support 50 rooms free market rental and the
rest affordable housing. Councilman Paulson said he does not want to change the
original agreement. Councilman Paulson said people need to have housing for
several weeks while looking for a more permanent place.
Mayor Bennett agreed that the experience of the guests if an important factor.
Mayor Bennett said he feels the existence of the Grand Aspen has hurt the small
lodges. Mayor Bennett said the success of the M.A.A. is critical to the community
and this housing is important to the M.A.A. Mayor Bennett said he could live with
72 to 75 rooms rented free market with restrictions on the other 75 to 78 rooms.
Councilwoman Richards said she would be willing to compromise at 75 rooms free
market and 75 rooms for the M.A.A. in the summer. The balance of the rooms
would have to be closed or rented to employees the rest of the year.
Sarpa said the applicants could look at raising the number for the group size.
Werning said this building does not have the right to exist after October 1. Council
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Aspen City Council Regular Meeting August 14, 1995
can give them 50 to 70 rooms as a concession, the M.A.A. rentals in the summers
and that is all.
Councilwoman Richards moved to adopt Ordinance #33, Series of 1995, on second
reading, amending section M of the PUD agreement to extend the demolition
deadline with the express condition that only 75 rooms of the hotel are available for
free market on a year round basis and the remainder of the hotel rooms be rented
each summer to the M.A.A. for a 3 year period and the remaining 75 rooms either
be mothballed or ranted as affordable housing.; seconded by Mayor Bennett.
The applicants requested a 5 minute recess. Sarpa told Council the applicant have a
slightly different proposal
Councilwoman Richards withdrew her motion.
Sarpa noted that Christmas season is a huge revenue generator for the hotel and if
this eliminated it takes a large chunk out of the revenue stream. The proposal is in
the summer 75 rooms are free market, the balance M.A.A. In the winter the there
75 free market rooms and the balance go to groups of 25 rooms or 40 to 50 people
maximum. Sarpa said the 2 weeks at Christmas would be all free market rental.
Sarpa pointed out that affordable housing and short term accommodations do not
mix both for management of the property and for guest experience.
Councilwoman Richards said she made a concession going from 50 to 75 rooms and
she is not willing to concede further.
Councilwoman Richards moved to adopt Ordinance #33, Series of 1995, amending
to Section M of the PUD for the Aspen Mountain Lodge to extend the demolition
deadline from October 1, 1995, to September 1, 1998, with the express conditions
that 75 of the rooms are available free market year round, that the hotel is closed 12
to 13 off season weeks, 75 rooms are rented to the M.A.A. for 3 summers and that
the remaining rooms in the winter be closed off or be available for long term;
seconded by Mayor Bennett. Roll call vote; Councilmembers Paulson, no;
Richards, yes; Marolt, yes; Waggaman, no, Mayor Bennett, yes. Motion carried.
Sarpa withdrew the application for extension and told Council they will abide by the
PUD and will pull a demolition permit.
RECREATION DISTRICT COMMENTS
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Aspen City Council Regular Meeting August 14, 1995
Assistant City Manager Bill Efting told Council there will be a public hearing before
the County Commissioners August 23. Staff has put together a memorandum
outlining concerns about a potential recreation district. Councilwoman Richards
suggested something about people who live outside the district and how the fees will
be charged to create equity. Councilwoman Waggaman said this is a good,
comprehensive report.
REQUEST FOR FUNDS - Arts Council
Councilwoman Richards said the Arts Council feels it is important to understand
where the revenues come from, why guests choose Aspen and specific events.
Councilwoman Richards said the Aspen Foundation is funding some of this $6300
study as are the arts groups. This request is to fund 25 percent of the study, or
$1500, from contingency.
Councilwoman Richards moved to approve $1500 from Council contingency to be
forwarded to the Arts Council to pay for an economic impact study; seconded by
Councilwoman Waggaman. All in favor, motion carried.
Councilwoman Richards moved to adjourn at 9 p.m.; seconded by Councilman
Paulson. All in favor, motion carried.
Kathryn S. Koch, City Clerk
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