HomeMy WebLinkAboutminutes.council.20071203Reeular Meetine Aspen City Council December 3 2007
CERTIFICATE OF EXCELLENCE IN FINANCIAL REPORTING ............................... 2
CITIZEN COMMENTS ..................................................................................................... 2
COUNCILMEMBER COMMENTS .................................................................................. 3
CONSENT CALENDAR ................................................................................................... 3
• Resolution #102, 2007 - Truscott 100 Laundry Room Renovation Contract ........ 4
• Resolution #103, 2007 - IO Dynamix Storage Area Network Contract ................ 4
• Minutes -November 13, 2007 ................................................................................ 4
REQUEST TO USE MAIN STREET LIGHT POLES -FOOD & WINE ........................ 4
RESOLUTION #100, 2007 - 2007 EOTC Supplemental Budget Request-Free Aspen to
Snowmass Bus Service ....................................................................................................... 4
ORDINANCE #55, SERIES OF 2007 -Use Tax .............................................................. 6
RESOLUTION #101, 2007 - 2008 EOTC Budget Approval ............................................. 7
RESOLUTION #98, SERIES OF 2007 -Temporary Use Zupancis Property Fire District
............................................................................................................................................. 7
RESOLUTION #99, SERIES OF 2007 -Amending COWOP Eligibility for Fire District
............................................................................................................................................. 7
ORDINANCE #29, SERIES OF 2007 - 307 S Spring Subdivision ................................... 8
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Reeular Meetine Aspen Citv Council December 3 2007
Mayor Ireland called the meeting to order at 5:00 p.m. with Councilmembers DeVilbiss,
Romero and Johnson present.
CERTIFICATE OF EXCELLENCE IN FINANCIAL REPORTING
Paul Menter, finance director, told Council the city has been recognized by the
Government Finance Officers Association for excellence in annual financial reporting.
Menter said this means the city has comprehensive and accurate reporting for Council
and staff to use. Mayor Ireland said he is proud of the city staff for getting recognition; it
is a large budget for a small town.
CITIZEN COMMENTS
1. Jim Markalunas showed the benefit of using sheet metal screw in boots to help
with icy streets. Markalunas noted the increased traffic makes streets very icy.
Markalunas asked Council to increase the cross-town shuttle service to the west end by
two hours in the morning and two hours in the afternoon. Markalunas noted he has made
requests that the Cemetery Lane bus get re-routed through the west end as an alternate to
more service. Markalunas said people cannot be expected to give up their cars if there is
not alternate transportation.
2. W.R. Walton said the city snow plows go fast and the front end loaders tear up
curbs and the property owners have to replace their curbs. Walton suggested there be a
man on foot with a snow shovel to clear the snow and make sure the drivers do not pull
up the curb.
3. Toni Kronberg announced there is an ARC advisory committee meeting at the
ARC at 2 p.m. on Tuesday. Ms. Kronberg noted the city is working on land use
amendments and Breckenridge already has a historic district and has already done all the
work Aspen is trying to go. Ms. Kronberg said she will get copies of this to Council and
to staff.
4. Brad Manosevitz supports free buses from the intercept lot to Aspen as part of the
solution to the Entrance to Aspen as it will help to reduce traffic. It is something the city
can do to help the environment.
5. Marilyn Marks asked about the status of Ordinance #48, historic code
amendments. Councilman DeVilbiss said he is working on a re-draft of that ordinance.
Ms. Marks asked if there will be public input on changes to the historic chapter in the
land use code. Mayor Ireland said the city will put together keypad voting systems,
perhaps two, at times when many people can attend. Mayor Ireland agreed the city wants
abroad cross section of attendees. Ms. Marks suggested public input into the questions
being created for that keypad voting system. Mayor Ireland said the Council wants new
guidelines for historic determination in order to judge the character of the structures.
Mayor Ireland suggested the citizens group forward their questions to Barry Crook.
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Reeular Meeting Aspen City Council December 3, 2007
6. Mike Maple noted the first two keypad voting sessions were successful; the
commercial mix session was not quite as successful. Maple said the citizens group
recommended a task force be convened and until they come Forward with
recommendation, the city limit historic designations to structures that aze at least 100
years old.
COUNCILMEMBER COMMENTS
L Councilman Romero said Klaus Obermeyer celebrated his 88`h birthday today
with a great gathering on the mountain.
2. Councilman Romero noted last week the Roaring Fork Veterans had a fund raiser
at the Wheeler and a showing of the "Last Ridge" about the Tenth Mountain Division. It
was a successful event; the Wheeler was standing room only. The money is being used
to capture memories on video of Roaring Fork Veterans.
3. Mayor Ireland noted he removed his moustache grown for "Movember", an event
to raise awareness of prostrate cancer.
4. Mayor Ireland said he participated in the uphill for Chris Klug's "Summit for
Life" to raise money and awareness of organ transplants. Mayor Ireland thanked the
Elk's Lodge for supporting his team.
5. Mayor Ireland reminded people to wear helmets biking, skiing and snowboazding.
6. Randy Ready, assistant city manager, thanked Grassroots for accommodating the
Council meeting live on TV.
7. Mayor Ireland announced he attended the ACRA board meeting. ACRA passed a
resolution supporting the master planning process for the base of Aspen Mountain.
8. Mayor Ireland thanked the Ski Company for getting Aspen Mountain open for the
Thanksgiving weekend.
CONSENT CALENDAR
Mayor Ireland requested (b) Resolution #101, 2007 - 2008 EOTC Budget Approval and
(c) Resolution #100, 2007 - 2007 EOTC Supplemental Budget Request-Free Aspen to
Snowmass Bus Service be pulled. Councilman Johnson requested (a) Request to Use
Main Street Light Poles -Food & Wine be pulled.
Mayor Ireland moved to approve consent calendar as amended; seconded by Councilman
Romero. The consent calendar is:
Regular Meetine Aspen City Council December 3 2007
• Resolution #102, 2007 - Truscott 100 Laundry Room Renovation Contract
• Resolution #103, 2007 - IO Dynamix Storage Area Network Contract
• Minutes -November 13, 2007
All in favor, motion carried. (Councilman Skadron came into the meeting)
REQUEST TO USE MAIN STREET LIGHT POLES -FOOD & WINE
Councilman Johnson objected to this request as Food & Wine applies for banners along
Main street every year, regardless of the policy. Councilman Johnson said many
organizations follow the rules and only request banners on significant anniversaries as
stated in the policy. City Clerk Kathryn Koch said that banners are allowed on the light
poles in the commercial core on approval by the special event committee. Other than
significant anniversaries of 25, 50, 75 years, requests for banners along Main street must
be forwarded to Council. Food & Wine has had banners on Main Street 4 out of the last
5 years, one of which was their 25`h anniversary. Om 2004, Council recommended the
policy be revisited. Ms. Koch pointed out there are World Cup banners along Main street
outside the policy without Council review.
Staff recommends Food & Wine be allowed banners along Main Street until the policy
can be revisited. Councilman DeVilbiss said because of the way the city has operated
until now, he would follow staff s recommendation. Mayor Ireland agreed with allowing
the banners and also that Council should review the policy. John Worcester, city
attorney, noted the city has to have a policy so that the poles on Main street do not
become a public forum. Council has the right to regulate time, place and manner these
poles are used as long as there is a consistent policy
Councilman DeVilbiss moved to allow the use of Main street light poles by Food & Wine
and to review the policy and determine standards for this use; seconded by Councilman
Skadron. All in favor, with the exception of Councilman Johnson. Motion carried.
RESOLUTION #100, 2007 - 2007 EOTC Supplemental Budget Request-Free Aspen to
Snowmass Bus Service
John Kruger, transportation department, said this request is for free bus service from
November 22 to June 19`h and totals $277,574. This request was presented to the EOTC
November 15`h The motion was to approve free bus service between Snowmass and
Aspen and that the service be reviewed after June to see whether funding would continue.
Kruger said the EOTC cannot officially take action but serves to get the elected officials
together to come to a consensus on how to spend the transit tax money. Each
jurisdiction, Aspen, Snowmass and Pitkin County, takes action at their individual
meetings.
Kruger said the analysis of the free service this summer was presented. It was estimated
that a 64% increase in ridership took place, which equals about 20,000 riders. This was
Re¢ular Meetine Aspen City Council December 3, 2007
chazacterized to the EOTC as a reasonable success. Kruger said other facts are that
precise ridership and cost numbers were not totally available because of the complicated
nature of gathering the data. Kruger pointed out there are no direct financial implications
to the city because this is a separate tax collected by the county. Kruger said there aze
indirect impacts as the EOTC fund balance will be reduced, which could effect future
expenses. Councilman Skadron asked if $277,000 is substantial to the fund balance.
Knuger said there is a surplus in the EOTC budget of $6.4 million. The EOTC revenues
are $3.5 million/annually.
Councilman Skadron stated he supports this. To not do it is incongruous with goals the
Council has set; however, not all the details are available in order to make an informed
decision. Councilman Romero said although it is difficult to quantify the 20,000
ridership figure, is it safe to assume ridership will increase if that portion of the route is
free. Dan Blankenship, RFTA, said winter is the busiest transit season so there would be
a larger potential to generate more riders. Councilman Romero said this would be a
$275,000 experiment to see if more riders could be induced into the transit program.
This would give the EOTC a set of winter figures.
Councilman DeVilbiss said he voted against this expenditure at the EOTC meeting
because of information from assistant city manager Randy Ready. A memorandum from
Ready cautioned against proceeding with free service because the cost and foregone
revenues will consume a large portion of the remaining 19% of the unallocated '/~ cent
transit funds and until the bus lanes are in, this program will be cost ineffective. Ready
pointed out that winter guests already ride between Aspen and Snowmass, paying the
fare. Ready said staff has concerns about the timing of this; the bus lanes will change
transit in the upper valley and suggested this type of program should wait until next year.
Mayor Ireland said the $277,570 is not the true cost of operating this; it is only the
operating revenue not collected. Mayor Ireland said doing a free bus includes increased
cost of serving additional riders. Mayor Ireland noted RFTA fares cover about 1/3 of the
costs and if that is true on this route there is about $550,000 other costs. Mayor Ireland
said the real cost of free service to Snowmass is about $821,000. Mayor Ireland said there
are no capital costs for the free summer service.
Blankenship pointed out there are no ridership figures for the Snowmass intercept lot to
Aspen before the free service in the summer of 2007. There was no way to make
comparison Mayor Ireland noted the Aspen Ski Company contracts with RFTA for a
free skier service between Aspen and Snowmass. Blankenship said the service between
Snowmass and Aspen serves about 350,000. Mayor Ireland asked if staff has looked into
free bus service from Aspen to Basalt and the cost of that. Blankenship said staff has not.
Toni Kronberg said she has been trying to get free service from Snowmass for years. Ms.
Kronberg said this gets at a larger issue, the entrance to Aspen. Ms. Kronberg said for
years local governments have struggled to get people out of their cars and onto public
transit.
Regular Meeting Aspen Citv Council December 3, 2007
Councilman Romero noted goal #8 of the Council is to maintain or reduce traffic trip
counts from 1993 levels so free service seems to line up with this goal.
Councilman Romero moved to approve Resolution #100, Series 2007, EOTC
supplemental budget for request Aspen to Snowmass business service; seconded by
Councilman Skadron.
Councilman DeVilbiss reported comments from Doug Mercatoris, Snowmass Mayor,
who is in favor of this and who believes all transit above Brush Creek should be free.
Mercatoris notes bus service in Aspen and in Snowmass is free. Councilman DeVilbiss
stated he feels this free service is premature. Mayor Ireland asked how many riders there
are between Aspen and Snowmass. Blankenship said 195,000/yeaz and of that 134,000
are in the winter.
Mayor Ireland noted the EOTC is being asked to experiment without base line data in
order to measure the efficacy of the experiment. Mayor Ireland said RFTA has not been
set up to collect data on where the riders go. Mayor Ireland said taking people off the
Snowmass shuttle and putting them on the free bus into Aspen does not decrease
congestion. Mayor Ireland reiterated revenues only pay 1/3 of the service between
Snowmass and Aspen. Combine that with the corresponding cost of running the system
of $555,000 for a total of $832,000/yeaz serving 133,000 is about $6/person. Mayor
Ireland said he would like to know how much it would cost to take 133,000 people out of
their cars from Basalt. Mayor Ireland said that should be measured to see what the best
expenditure per rider diverted is.
Mayor Ireland said a core value for him is protecting the public's money, which is using
it effectively as possible. Mayor Ireland said when the EOTC was set up and $6 million
was promised for a transit facility at Snowmass, it was assumed that Aspen would have
money for its problems and its entrance. Aspen's interests aze not protected and if the
citizens want the entrance improved, they are entitled to a share of the revenues to help
pay for that. Mayor Ireland said it is Council's job to safeguard these revenues and to
make sure they are spent wisely. Councilman Johnson agreed more detailed analysis is
needed for all things that could be funded to decrease traffic and increase ridership.
Mayor Ireland said the real cost of the bus service to Snowmass is $832,000 and he
would like to know whether that expenditure is sustainable over a long period of time,
whether is it more valuable per rider diverted or similar expenditure going to Basalt.
Councilman Romero in favor; everyone else opposed. Motion NOT carried.
Mayor Ireland moved to urge EOTC to collect data to enable the Council next summer or
winter to conduct an experiment in a systematic way to be able to analyze the results;
seconded by Councilman Johnson. All in favor, motion carried.
ORDINANCE #55, SERIES OF 2007 -Use Tax
Regular Meeting Aspen City Council December 3.2007
Councilman DeVilbiss moved to read Ordinance #55, Series of 2007; seconded by
Councilman Romero. All in favor, motion carried.
ORDINANCE NO. 55
SERIES OF 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING TITLE 23 OF THE ASPEN MUNICIPAL CODE BY
ADDING A NEW CHAPTER 23.52, ENTITLED "USE TAX" TO ADOPT A NEW
2.1% USE TAX ON CONSTRUCTION AND BUILDING MATERIALS; AND
SETTING FORTH DETAILS IN REGARDS THERETO.
Councilman Romero noted there was a meeting with the community to work out details
of this ordinance. Councilman Romero said the basis by which the estimate is
determined to drive the 50% value comes from the building permit application.
Councilman Romero said the community should be clear on where that valuation comes
from and he would like that amplified for second reading. Councilman Romero said
material costs often include transportation and processing fee to get the materials to the
job. Paul Menter, finance director, said the implementation will be administrative and
will be based on the policy direction in this ordinance. Menter said these can be
improved over time to make sure they are fair and appropriate.
Councilman Johnson moved to adopt Ordinance #55, Series of 2007, on first reading;
seconded by Councilman Romero. Roll call vote; Councilmembers Romero, yes;
Johnson, yes; Skadron, yes; DeVilbiss, yes; Mayor Ireland, yes. Motion carried.
RESOLUTION #101, 2007 - 2008 EOTC Budget Approval
Mayor Ireland moved to approve Resolution #101, Series of 2007; seconded by
Councilman Johnson. All in favor, motion carried.
RESOLUTION #98, SERIES OF 2007 -Temporary Use Zupancis Property Fire
District
RESOLUTION #99, SERIES OF 2007 -Amending COWOP Eligibility for Fire
District
Councilman Romero stated he has a conflict of interest as he is a member of the fire
district boazd. Councilman DeVilbiss will serve on the COWOP and Councilman
Romero should be removed.
Chris Bendon, community development department, requested the COWOP eligibility be
expanded for the headquarters fire station to include a temporary fire district. There is an
ongoing review for the new station at 420 East Hopkins. The Zupancis property is 520
East Main Street and is owned by the city. Bendon explained that COWOP is a process
used when there is a significant public interest in a project, like the Zupancis property and
ReQUlar Meetine Asnen City Council December 3, 2007
the fire station. Bendon said in 2006, the COWOP recommended a conceptual
endorsement, which Council accepted. The fire district had a bond election to finance
this fire station and the one at North Forty.
Bendon noted the fire station needs final entitlement. The COWOP will be meeting and
will make final recommendation. Bendon said the Zupancis property will be used for a
temporayy fire station while the property at 420 East Hopkins is under construction.
Bendon said there is a temporary use resolution to allow Zupancis to be used as a place
for the fire trucks. Bendon pointed out if the temporary use for Zupancis is not approved,
Resolution #98 will expire within 6 months. Bendon said there is a need to have a fire
truck located in town to serve the community's needs during construction of the
headquarters fire station.
Councilman Johnson asked if one fire truck is sufficient. Daryl Grob, fire chief, said the
fire district thinks it is sufficient. A significant percentage of volunteers live or work
within the city and there will be a first due engine readily available to the volunteers. The
support trucks will be brought in if necessazy. Councilman Johnson asked if there will be
a fire siren during rebuilding. Grob said the siren will be brought back with the
remodeled fire station. An acoustic shadow at headquarters to reduce the impact will be
installed. Grob said they had not planned on activating it in the interim move.
Mayor Ireland opened the public hearing on Resolutions #98 and 99.
Toni Kronberg asked what will happen to the 3 historic structures behind the house on
the front of the Zupancis property. Grob illustrated the use of Zupancis ,the fire marshal
is located in a shed; the parking department is in a building on the front of the property.
Grob showed the 3 historic buildings at the rear of the property. The parks department
will use part of the site to store their winter equipment. The fire department will have no
impact on any of the historic property. This use is temporary and the temporary structure
housing the fire truck can be removed in 24 hours.
Mayor Ireland closed the public hearing.
Councilman Johnson moved to adopt Resolutions #98 and 99, Series of 2007; seconded
by Councilman DeVilbiss. All in favor, motion carried.
ORDINANCE #29, SERIES OF 2007 - 307 S Spring Subdivision
Councilmembers DeVilbiss and Skadron left due to conflict of interest.
Jessica Garrow, community development department, reminded Council there is a motion
on the table from the November 26`h meeting with conditions to add a provision that 1/10
of 1% interest of the rental units be conveyed to the housing office; a 500 square foot cap
on the alley commercial space with an exemption for a bike shop; clear language for the
energy requirements and for the lease with Wienerstube. Ms. Garrow passed out an
amended ordnance containing the above conditions as well as a copy of the lease with the
Reeular Meeting Aspen City Council December 3.2007
Wienerstube. Ms. Garrow noted the condition on the Wienerstube requires the lease be
provided as part of the recording of the ordinance. The lease submitted is a 10 year lease.
Ms. Garrow said if the Wienerstube were to leave the space for any reason before the 10
year period, another similar restaurant would be required to fulfill the condition and to
guarantee a restaurant.
Ms. Garrow recommended a different condition other than the 500 square foot limitation
on alley space. One of these is that the alley space be prohibited from fronting on the
alley and on Hyman to insure the alley spaces would be commercial use that would
garner a lower rent. Staff prefers this condition rather than the 500 square foot limitation
as it prevents anon-compliance issue that could arise if the bike shop leaves. Ms.
Garrow pointed out the code has a review for alley commercial space which allows for
alley space up to 600 square feet net leasable. The bike shop requires about 1200 square
feet and this would be easier to handle.
Stephen Kanipe, chief building official, noted there is a commitment from the applicant
to exceed the energy code by 50%. Kanipe told Council he asked 4 national energy
experts about quantifying the BTU/square foot consumption in new buildings. Kanipe
asked the experts if there is a defensible number in Aspen's climate zone to quantify the
BTU/square foot consumption as the pass and no pass threshold. Kanipe said none of the
information based any comparison values on BTUs/square foot.
Kanipe said there is a DOE link to the target finder, which is where solutions could be
introduced. This allows one to enter a zip code, the square footage of the building being
used, this then gives a BTU target. Kanipe told Council there is no LEED program for
commercial/residential mixed use building. Kanipe passed out a 2030 Challenge which
is a nationally recognized carbon reduction approach. Staff looks at this as how the
energy code requirements are being exceeded. Kanipe said Target Finder is ahead of the
2030 Challenge program. Kanipe went over how he calculated energy use and energy
savings. Kanipe said this program gives what the annual energy use is actually going to
be in BTUs/square foot. Kanipe suggested amendments to the ordinance to reference
energy star target energy performance result. This will give an apples to apples number
to see if this is on line with the target.
Councilman Romero asked if there are other ways to strengthen the baseline besides the
target finder program. Kanipe said it has been agreed that a 50% improvement in a
target, a baseline has not bee established for Aspen. This is the best information
available now and is a reasonable approach. Kanipe said this does not do the energy
modeling; the program sets the target. The energy modeling will be done through the
applicant's engineers through the IECC.
Ms. Garrow presented views from the Patio Building and the Patricia Moore building to
the north as there was concerns about the impact of the views from a potentially historic
building. Ms. Garrow pointed out historically designated buildings are not considered in
the land use code when discussing an adjacent redevelopment unless it is in the historic
district. The proposed development does not infringe on any protected view planes. Ms.
Regular Meetine Aspen City Council December 3, 2007
Garrow showed the views through the sketchup model on the computer. Ms. Garrow told
Council staff and P&Z recommend approval of the project finding the project meets all
the subdivision criteria.
Stan Clauson, representing the applicants, said they hope this project is a way of building
and using energy that would be useful for the community in the future. Clauson said
there will be a lot of work with energy consultants so the building will meet the
performance standazds. Clauson noted Council has been provided with a signed copy of
the Wienerstube lease and that they will extend the lease to another entity on the same
terms. This is a below market lease. Clauson told Council the applicants looked at using
sub grade space on the suggestion of Councilman Romero. Clauson said with this design,
that does not work mostly because of ADA requirements for accessibility and
commercial space in the context of a parking garage.
Clauson said the affordable housing units aze not substandard and meet all the
requirements of the housing guidelines in terms of size. These are second and third level
units with views toward Aspen Mountain. There are views to the south. Clauson
presented a drawing of the view from the round window of the Patio Building. This is
not a protected view. Clauson said this proposed building would change the view from
the Patio Building; however, one can still see the ridge lines of Aspen Mountain.
Clauson pointed out the Patricia Moore building is opposite the Gazfield and Hecht
building and no structure will be in their view. Clauson said the 600 square foot limit on
alley spaces with an exception for a bike shop is acceptable to the applicants. Clauson
said the applicants feel alley spaces will be more affordable. Clauson said they accept the
condition that there be no access to Hyman for the alley shops.
Clauson said they feel this building comes close to providing important goals of the
Council, affordable commercial, affordable housing downtown, and a design that reflects
the intent of the new design guidelines; parking on site is provided.
Chris Bendon, community development department, said throughout the moratorium
there were many view points on what should or should not be in a building. There was
the thought that buildings should smaller yet have more affordable housing and more
locally serving commercial space, no parking, more parking, parking somewhere else.
Bendon said there is no code to meet everyone's expectation. Bendon said this project
has a good mix of affordable housing and the quality of the housing is high. This project
has responded to changing design guidelines and has been redesigned. Bendon noted
Council has been concerned about locally serving businesses and this project preserves at
least one. Bendon said this project represents change and disruption; however, staff feels
this building is responsive to the balance the community is looking for.
Mayor Ireland said Council should get an evaluation of what a prof ect does not do and
why what a project does do is more important than what a project does not do. Mayor
Ireland said arguments are stronger with both weaknesses and strengths. Councilman
Romero asked for more detail about the study of using the subgrade spaces for
commercial. Clauson said this is not the right size site and it is providing subgrade
10
Regular Meeting Aspen City Council December 3.2007
parking. If the site were smaller and there were no underground parking, subgrade
commercial may be a possibility. Clauson said the applicants felt providing on-site
parking was important for the project.
Councilman Romero asked about the mass and scale and trying to meet the design
guidelines. Clauson said the original design was a different building and there were
issues with the original proposal; the mass and scale. The applicants changed the
modularity of the building and introduced the mid-block passage with alley commercial.
The mass and scale has been reduced; there are 30 and 60 foot modules. The building
changed to meet community goals and to meet the critique of staff and Council.
Councilman Romero said there are no baseline data for the energy usage to reference
readily. Clauson said they amended the condition of approval regazding the energy
usage. Council indicated they wanted a clear target that the building would meet, not
about modeling but something measurable to meet or not. Clauson said the applicant will
work closely with the building department in modeling various ways to meet the energy
target.
Mayor Ireland asked if less parking was required, could this be a smaller building.
Clauson said less parking would not achieve the goals of the building proposal. Mayor
Ireland asked how big the commercial first floor is. Clauson said the first level net
leasable is 10,573 square feet; second level 7,208 square feet. The overall for the
building is 49,376 square feet; the allowable floor area is 54,000 square feet. The free
market component is 12,758 square feet versus 18,000 square feet allowable in this zone
district. The commercial total is 23,254 squaze feet. The affordable housing does not
have a specific maximum square footage. This building is less than what is allowed in
this zone district in every respect.
Mayor Ireland said the public comment has focused on mass and scale as the primary
objection. Building parking underground when that space could be used for
programmatic needs and to bring down the scale of the building is an objective worth
exploring.
Mayor Ireland opened the public hearing.
Christine Crandall said this building will create a large shadow on Hyman Avenue. The
project would also increase the property values across the street. Ms. Crandall said
Aspen is a town inspired by its beautiful surrounding mountains, not by tall massive
buildings. Ms. Crandall said there will be a loss of views of the mountains from the
Patio Building. Ms. Crandall said she would like to see the view simulation of before this
project. Ms. Crandall said the proposed building caps 4 stories along the block. There
are community benefits in the proposal but at what cost.
Chazles Cunniffe said this is a nicely designed building but not for this location; it should
be in the commercial core not this transitional zone. Cunniffee pointed out as Aspen goes
east, it gets gentler in scale. Cunniffee said all the buildings on this block of Hyman have
an open or landscaped area. This building will cast a shadow on the entire block.
11
Regular Meeting Aspen City Council December 3, 2007
Cunniffe said this puts pressure on the buildings on the north side of the block to
redevelop higher. Cunniffe said if the buildings on the north side are on the potentially
historic list, they may not be able to redevelop.
John Provine, partner in the project, noted this project provides retail close to downtown
Aspen; it also provides affordable housing. The project will be a benefit to the
community. Junee Kirk said this building does not look like it should be in Aspen. A
building on this location should be in context and should be one or two stories. Roine St.
Andre said this building should be historically designated because the Wienerstube has
been in business for 40 years and this building used to be the post office. Ms. St. Andre
said development should slow down to help greenhouse gases and energy consumption.
Jordan Gerberg told Council he owns a building across the street which has been placed
on the potentially historic buildings. Gerberg pointed out the city's historic guidelines
say the neighborhood character and the community character are significant components
of preservation of the character of Aspen. The size and location of this building destroy
the neighborhood character and the community character. The project also destroys the
historic merits of the properties across the street. The project should not go forward
without historic preservation review.
Toni Kronberg said the Council is charged with approving subdivisions under review
criteria. One of those criteria is compliance with AACP goals and in keeping with the
existing character and scale of the neighborhood. This building will create a new scale
This is the last project to come through under the old guidelines. The city hads a
moratorium because projects were not in keeping with the AACP and character. Ms.
Kornberg said it is important to protect the uniqueness of town. This building is not in
keeping with the community character.
Shawn Gooding, across the street, said he understands property rights; however, he
would like to see a 25% setback to the third floor so the building does not fully encroach
on the street level. Jimmy Marcus said this building is proactive and interesting in its
design. The building is multi-leveled. Marcus said change is a part of life and a part of
Aspen.
W. R. Walton said he lives within 250' of this building. Walton said 17 buildings have
been built around his house in the last 35 years. This is not the commercial core; it is a
C-1 zone; a transition zone. Walton said his biggest objection is the mass and scale of the
building and it will detract from the neighborhood. Stephen Ferrell, 616 E. Hyman, noted
renovating and modernizing the community will improve the community; however,
projects have to be reviewed and approved with the overall goals of the community in
mind. Ferrell said if people want to preserve their view planes, they should have
purchased those rights; however, the scale and character of this neighborhood will be
changed by this building. Sharon Wright, Chateau Aspen, said this is a beautiful design;
however it is too big and too massive. Ms. Wright pointed out the affordable housing
units will look directly into the Chateau Aspen, not to Aspen Mountain.
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Regular Meeting Aspen City Council December 3.2007
Mayor Ireland closed the public hearing.
Clauson said in order to provide affordable housing and for additional commercial space,
there will be change which will impact people's views and their perception of what they
have been used to. Clauson noted this project was started when the size of free market
units were reduced and this project responded to these changes. The free market units in
this building are smaller than others in the downtown area. This project was submitted
before the moratorium. There were changes made to the zoning during the moratorium.
There were no changes to zoning parameters that affect this project. Clauson stated
everything in this project is consistent with the zoning at the time of application and at
the present. Clauson said the C-1 zone is a transitional zone but not between CC and
residential but between the CC zone and the mixed use district.
Clauson said there is commercial design review done by the P&Z. Clauson reminded
Council the building was re-designed to include amid-block passage and adding
setbacks. Clauson said this building fits the design guidelines. Clauson said there used
to be an open space requirement for in front of buildings; the philosophy is changed and
the design guidelines require commercial buildings to meet the sidewalks and not have
intervening spaces. Clauson said this building meets the streets, meets the design
guidelines and meets the zone district requirements. Clauson noted only one 30' module
is a 3 story elevation at the street level.
Mayor Ireland said people care about this community; it makes it a great place. Mayor
Ireland said it is to the credit of the community to have this type of debate without being
personal. Mayor Ireland said Council has to balance many community goals and to have
a process that allows honest representation. Mayor Ireland said one of the difficulties is
that this has many ancillary issues, like the proposal to replace the Wienerstube with a
"similar restaurant". Mayor Ireland said the community wants the Council to create
affordable retail without the city owning and controlling it. Mayor Ireland said there is
no definition for "similaz restaurant". Mayor Ireland noted this application has offered
more affordable housing but there is still a short fall in employees housed.
Councilman Johnson noted he reviewed this project last spring under a different set of
criteria and he asked legal counsel the parallels between the criteria. Councilman
Romero said looking at the commercial design standards, the alleyway commercial, the
quantity and categories of affordable housing, the energy modeling and the willingness to
participate with the city on energy, the midblock passage, the willingness to limit the
commercial spaces to 500 square feet aze all positives of the application.
Councilman Romero said this building is not on the list of potentially historic buildings,
which is troubling. The impacts on the neighbors for views and for solar shading are
negatives. Councilman Romero said he struggles with the below grade use and design.
Councilman Romero said the big issue for him is mass, scale, appropriateness with
AACP and fit. Councilman Romero noted there is not support from the surrounding
neighborhood, which is not on par with other land use applications. Councilman Romero
reiterated there are many positives, including the attitude and sensitivity of the applicants.
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Regular Meetine Aspen City Council December 3, 2007
Councilman Romero stated he appreciates this building is under every dimensional
measurements. Councilman Romero said the lack of support and the lack of fit aze issues
that count with him. Councilman Romero said the fit and the AACP are key and almost
the first component of subdivision review. Councilman Romero said the fit and
acknowledgement of the neighborhood is an important aspect of Council's review.
Mayor Ireland stated he has some concems about the under-utilization of the basement
space. This could be a potential way to reduce mass and scale of the building. Mayor
Ireland agreed the community has a lot of conflicting desires that cannot all fit in one
building. Mayor Ireland said he is concerned about the mass, scale and housing deficit.
Mayor Ireland said the Wienerstube is an important community institute; there are fewer
and fewer places where community members can gather.
Councilman Johnson said infill was proposed as a response to the community's needs for
affordable housing, affordable housing downtown, more affordable commercial space,
more pazking, all of which are community goals from the Aspen Area Community Plan.
Councilman Johnson said infill is an idea and outgrowth of the Council trying to balance
the community's goals. Councilman Johnson said for him each application comes down
to balances, trade offs and benefits. Councilman Johnson stated this project has a lot of
positives. Councilman Johnson agreed this building is larger than surrounding buildings
and will have an impact. Councilman Johnson said with the community goals for
housing, parking and affordable housing, a building will be large.
Councilman Johnson said the applicant has made representations they intend to abide by
the claims they made under the previous review for exception status last spring.
Councilman Johnson said that is important to him. Councilman Johnson said the
relationship between the square footage devoted to free market relative to square footage
for affordable housing in this project is exceptional. Councilman Johnson said the
amount of parking is exceptional. Councilman Johnson said the willingness to abide by
new guidelines is exceptional. Councilman Johnson noted he is becoming increasingly
concerned about projects that offer to provide community benefits that cannot be verified.
Councilman Johnson said he is concerned about context between this and the block
across the street, which is nearly complete. Councilman Johnson stated his concems are
about verifying the claims about the community benefits and how to make the project
more acceptable to his interpretation of the AACP under the heading of neighborhood
compatibility and economic sustainability. Councilman Johnson suggested continuing
this so the applicant can consider some of Council's concerns especially height, scale and
mass.
Clauson said the applicants have completely redesigned the project since its original
presentation. Clauson told Council the applicants will look at the building to see if they
can make modifications to meet some of Council's objection. Clauson said the building
cannot be invisible. Councilman Johnson said Council should get creative with ways to
help to get the building near where the community might support it. Councilman Romero
14
Regular Meeting Aspen City Council December 3, 2007
agreed Council has discussed partnering opportunities and he would be willing to look at
ideas like that.
Councilman Romero moved to continue Ordinance #29, Series of 2007, to January 28,
2008; seconded by Mayor Ireland. All in favor, motion carried.
Councilman Johnson moved to adjourn at 10:55 p.m.; seconded by Councilman Romero.
All in favor, motion tamed. .`
~~~~~~
Kat S. Koch, Crty Clerk
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