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Home My WebLink Aboutminutes.council.20081208Regular Meeting Aspen City Council December 8, 2008 ORDINANCE #34, SERIES OF 2008 -Lift One Neighborhood Master Plan ........... ....... 2 REGULAR MEETING ................................................................................................ ..... 12 CITIZEN PARTICIPATION ....................................................................................... ..... 12 CONSENT CALENDAR ............................................................................................ ..... 12 • Resolution #113, 2008 - Completion of Phase I Burlingame ......................... ..... 13 • Resolution #114, 2008 -Renewable Energy Mitigation Spending ................. ..... 13 • Resolution #115, 2008 -Adoption of Smuggler Open Space Master Plan..... ..... 13 • Resolution #116, 2008 -Contract Design Services Burlingame Phase II and III 13 • Resolution #117, 2008 -Contract Storm water Design .................................. ..... 13 • Minutes -November 24, 2008 ..........................:.............................................. ..... 13 ORDINANCE #41, SERIES OF 2008 -code Amendment Carbon Monoxide Detectorsl3 ORDINANCE #40, SERIES OF 2008 -Fees for 2009 ............................................... ..... 13 ORDINANCE #37, SERIES OF 2008 -Electric Rate Change ................................... ..... 14 ORDINANCE #35, SERIES OF 2008 -Extension of Building Permit Moratorium i n CC Zone and Commercial Mix .......................................................................................... ..... 15 ORDINANCE #34, SERIES OF 2008 -Lift One Neighborhood Master Plan ........... ..... 17 1 Re¢ular Meetine Aspen Citv Council December 8, 2008 Mayor Ireland called the meeting to order at 2:10 p.m. with Councilmembers Romero and Kasabach present. ORDINANCE #34, SERIES OF 2008 -Lift One Neighborhood Master Plan Councilwoman Kasabach stated she is on the board of the Aspen Historical Society and does not feel that creates a conflict of interest in judging the application. There is no financial interest. Councilman Johnson would be eligible for replacement housing if this project is approved and he is recused. Chris Bendon, community development department, noted there will be a presentation of the azchitectural changes to the Lodge at Aspen Mountain building, answers to Council's questions, review of changes to the ordinance. Bendon went over the exhibits -the affidavit of notice; A- the decision packet with update; B -project binder including the history of the COWOP process; C - CD copy of the project. website and D -tonight's power point presentation; E -copies of public comment; F -traffic analysis provided by TDA; G -drainage plan submitted by Schmeuser Gordon, Meyer; H -construction management plan submitted by PCL; I -review of criteria and staff findings; J -analysis of Burlingame costs. Steve Holly, representing the applicants, told Council they have been looking at the architecture and have identified an area within the Lodge at Aspen Mountain that provides an opportunity to reduce height over the entry central portion of the lodge. Holly showed a rendering of that area and where they can shift some development to an area that will not affect massing in the azea to which it is shifted. Holly showed with rendering where the height will be brought down 10' to 5' in areas. The above grade floor area has not changed; the program has not changed. Bendon reminded Council there was a question about the traffic impact on the intersections. Bendon noted transportation analysis rates intersections A, B, C, D and F. South Aspen and Durant is currently rated as a B and with the project, it is still rated as a B. There is an imperceptible difference. Bendon said there is a request to increase the floor area of the museum. The ordinance has not been amended and the opinions from the COWOP task force were mixed. Bendon pointed out exhibit J provides a detail on the costs for affordable housing at Burlingame. Bendon said this is a per FTE analysis, not per unit. Bendon reminded Council Burlingame was cheap land and expensive infrastructure and this added up to $130,000 per FTE as the subsidy. Bendon said when land costs are more and infrastructure costs are lower, the per FTE cost is higher. If there is a change to $130,000, that could be accommodated in the ordinance. Bendon said if the $130,000 is not correct, the developers are responsible for paying the increased costs. The ordinance allows that to happen by increases their real estate assessment to pay those increased costs. Councilman Romero asked if exhibit J are the true actuals including the sales. Bendon said these are from the final reconciled version of the project. Regular Meetine Aspen City Council December 8, 2008 Bendon pointed out exhibit K reviews all changes to the ordinance since it was first presented November 10`h. Bendon said there is an agreement from the developers to go to 100% affordable housing, in Section 16.1 and 16.2 in the ordinance. Another change is the length of vesting, which is now 10 yeazs instead of 15 years. Bendon told Council there aze steps between ordinance adoptions and when the project breaks ground; there is two years scheduled for developing the master development agreement and filing plats For the neighborhood. Then there is time when the plats and agreements for the lodges is reviewed and completed. Bendon said then there is the permitting process. Bendon said staff feels a 10 year vesting is appropriate for a project of this size. Bendon said the tramway board has to review and approve a variance for the surface lift in this time period. Bendon said the next issue is the delivery of the public benefits, which is in 5.3 and 5.4 of the ordinance. Some of these include relocation of the Skier's Chalet Lodge; the Skier's Chalet Steakhouse, the ski lockers, South Aspen street improvements, the surface lift, high speed lift, the volleyball court construction, and the affordable housing obligations. All of these have to happen before the project receives a certificate of occupancy. Bendon pointed out in the Lodge at Aspen Mountain obligations, there is also a requirement for an alternative uphill lift if Lift One Lodge does not proceed. Bendon noted the ordinance addresses a plan, which requires operation of a shuttle, when the poma lift is not operating in Section 27.3. Section 5(p)(q) addresses service ingress and egress on Gilbert street. Bendon said the ordinance is currently written that the south Aspen street will serve all service access, both ingress and egress. There was a question about the Ski Company's commitment to operations, which is addressed in Section 27.2. Bendon said Council wanted a prohibition about conversion of units from fractional ownership to whole ownership. The developers agreed to that and it is in Section11.7. There was a concern about the tramway board not providing a variance, which is addressed in Section 31. The agreements cannot be filed until the tramway boazd variance is filed and the variance needs to be referenced as part of the development agreement. If the variance is not provided, the project does not go forward and it will come before Council for possible amendments. (Councilman Skadron came into the meeting). Bendon noted the community often pursues perfection in projects, projects that solve everything. Bendon said the COWOP looked at the entire neighborhood, all the different desires and wishes for the area. The COWOP had to align this vision with reality and put it into a plan that would work and that could be built. Bendon said the proposed project meets all the review criteria and the criteria for rezoning. Bendon said the Aspen Area Community plan is a tool used to direct all the growth and changes in the community. Bendon said he feels this proposal fits well with the AACP. This proposal is one that recognizes that growth needs to be managed and directed. Bendon noted this area is where the community has said is an appropriate place for lodging; it is in town, it is 3 Regular Meeting Aspen Citv Council December 8. 2008 walkable, it will be integrated in the town. The affordable housing is a significant step and a positive direction. Bendon said he feels the proposal provides a vibrant diversified year round economy, which is a goal of the AACP. Bendon said the plan proposes to rehabilitate and reuse the historic resources so they can be used and appreciated. Bendon said the proposal does well in the area of balance between resort and community. The resort side includes an increase to the bed base and improved lift access. Bendon said the plan also addresses the community. Bendon said this neighborhood will change and the question is does the city want to shape that change and not how to prevent change. Bendon said one issue is whether this produced a "lights on" active neighborhood or a "lights off' neighborhood. Bendon said he feels the townhouse proposal is a "lights off' project and would provide continued stagnation to the area and does not do anything for the resort. Bendon reminded Council the city amended the land use code to prevent townhouse second homes in the lodge district. Bendon said he feels this project responds to the community need and respects community goals. Councilwoman Kasabach asked about the parking for the Dean street housing. John Sarpa, representing the Lodge at Aspen Mountain, said it will be underground. Councilwoman Kasabach said in Section J the phasing plan, is specific reference needed to what will happen if phasing does occur. The ordinance only states it is not applicable because phasing is not anticipated. Bendon said there is a section that addresses what happens if Lift One Lodge goes first or if Lodge at Aspen Mountain goes first. Councilman Skadron asked about the success of Obermeyer project. Bendon said the process worked well; it is important to maintain SCI uses in town. Bendon said staff was pleased to see Obermeyer come forward with that project; physically it turned out well. Bendon said the Aspen Valley Hospital had to pull out of the project, and their location there would have improved the pedestrian activity. Bendon said a coffee shop was proposed and it did not happen. Bendon told Council some SCI uses require trucks and industrial uses and the spaces are not conducive to that. Bendon said there is a nice mix with affordable housing and how it integrated with free market and with the natural movements into town. Councilman Skadron asked if Obermeyer is vibrant. Bendon said it is not as vibrant as envisioned by the COWOP. Councilman Romero asked about the affordable housing calculation, using a detailed cost account of Burlingame phase I to come to $130,000 per FTE which is not the cost of a unit but closer to the cost per bedroom. Councilman Romero noted the land value of Burlingame was low, $725,000 and the infrastructure costs were $3 million for phase I and offsite mitigation. Councilman Romero said $130,000 is not on par with full market costs but for the community's protection, if the affordable housing off site for these projects does not land at Burlingame, the developers will be liable for some determined cost per employee. Bendon said costs in town are $200,000 to $250,000 per FTE on infill, in-town sites. Councilman Romero said he is looking for an assurance that the community's interests 4 Regular Meeting Aspen City Council December 8, 2008 are protected and it can be demonstrated that the city is not being caught in a secondary subsidy. Sarpa reiterated the $130,000 is for one FTE so for a one bedroom, that figure would be multiplied by 1.75. Bendon pointed out the amendments to Section 16.1 and 16.2 state that if the amount is not sufficient to cover the per employee costs, the per employee costs shall be adjusted upward based on mutual agreement between the city, Lift One Lodge and the Lodge at Aspen Mountain. In the event the costs is adjusted upward, Lift One Lodge obligation to fund the required amount to get to 75% housing, the commitment of 19 employees shall be adjusted downward based on the formula where the numerator is 19 times 130,000. Bendon told Council there was an agreement to get from 60% affordable housing mitigation to 75% mitigation and the developers are paying $130,000 per FTE. Bendon said the pazagraphs #2 and #3 cause the developers to provide the funds necessazy to achieve 100% affordable housing. In order to achieve 100% affordable housing mitigation, the developers came up with a real estate transfer assessment on the real estate sales that will go to the city to provide for affordable housing. If the $130,000 figure goes up, the developers are agreeing to provide additional assessment to cover the difference. Bendon summarized the developers are agreeing to go to 100% affordable housing through cash; if the costs are $130,000, the developers are agreeing to pay those costs. Councilman Romero asked if the developers have a sense what the real estate assessment will look like. Bob Daniel, representing Lift One Lodge, said the number is premature but based on their assessment, it is a viable approach to meet the 100% mitigation. Sarpa stated the developers are making firm commitments to provide the cash or work with the city to provide housing up to 100%. Sarpa said to come up with a method to get to 100% affordable housing is a good precedent. Mayor Ireland said he has a concern with the way the agreement is structured. It is Council's obligation to fully represent the community. This is an agreement which states, "the required payments could escalate away from $130,000" and the operative word is "could". Mayor Ireland said in the event the $130,000 adjusted by the cpi is not sufficient to cover the agreed upon employee cost, the per employee cost shall be adjusted upward upon mutual agreement between the developer and the city. Mayor Ireland said that gives the city no enforceable obligation to increase the $130,000 and if the developers do not agree it should be more than that, the city gets $130,000 plus cpi. Mayor Ireland noted he is committed that this project not cost the community any extra burdens. Mayor Ireland said exhibit J is based on the assumption that the assessment for housing is based on Burlingame costs. Mayor Ireland noted Burlingame was a low cost project because the land cost was only $747,000 and the infrastructure was spread over 236 units. Mayor Ireland noted neither land nor infrastructure is available at those prices. Daniel said there was an omission in the language added to the ordinance, :In determining the adjustment the following components must compromise the actual per employee costs (a) land costs, (b) infrastructure costs for contributions, (c) all actual construction costs (d) Reeular Meetin¢ Aspen City Council December 8, 2008 financing costs (if any) (e) soft costs inclusive of entitlements, legal architecture, planning, engineering, etc." Mayor Ireland said he does not understand the sentence about the obligation to get to 75% is adjusted downward based on a formula and a denominator. Mayor Ireland asked what happens if one party does not agree to an increase in costs. Councilwoman Kasabach said she is not happy about the 5' front yard setback; this will close the street in. Councilwoman Kasabach stated she does not agree that this project will make up for the loss in bed base as most of that loss was low end lodges. Councilwoman Kasabach said the national parks service-type architecture is massive for sites in Aspen. Councilwoman Kasabach agreed stepping up the slope will reduce the impact. Councilwoman Kasabach said approval of the project does give outdoor spaces but the use of it is limited by the proximity of Shadow Mountain, leaving the area in shadow. Councilman Romero said the ordinance commits this project to adhere to LEEDS and the 50% energy performance but there is benchmarking against other lodges in the community. Councilman Romero asked about the benchmarking properties. Bendon said these will have to be similar size and operation of projects. There has been work done on the architecture 2030 project. Councilman Romero asked about the meetings with the fire district and to conform to the requirements of the fire marshal. Daniel told Council, at the request of the fire district, they have hired a fire consultant to assist the fire district to assess the below grade aspects of the project for life, safety, welfare and fire fighting. Councilman Romero asked if the applicants have a geotech consultant. Daniel said HP Geotech and CTL Thompson have been used and the applicants will go forward with one of those firms. Councilman Romero asked about the impacts on service, on Gilbert and Aspen Streets, the ability to serve large vehicles. Daniel told Council the applicants met with the city engineer on the viability of service egress on Gilbert to Monarch. Staff recommended the access points be consolidated at South Aspen and Dean street. Daniel said the applicants have been working with the city engineer to address the width of Gilbert street and how it might work in two-way traffic. Daniel noted there is a requirement to come up with a solution acceptable to the city engineer. Councilman Romero asked about the Skier's Chalet being moved to Willoughby and renovating it. Councilman Romero said there has been a request to increase the size of the structure to meet the program need of the museum. Daniel said the condition regarding the floor area on lot 4 is for the entire lot, not just the ski museum, including the ticket booth, outhouse and pool, which adds up to 550 to 750 square feet. Daniel said the 6,000 square feet is for all structures on lot 4. Daniel said a prior plan had parking under the museum, which afforded the Historical Society a storage area. When the public parking structure was moved to the overall parking, the below grade structure on Willoughby Park disappeared. Daniel said the applicants are supportive of the request to increase the floor area for the museum. Regular Meetine Aspen City Council December 8, 2008 Georgia Hanson, Aspen Historical Society, said the historic society hopes to have some flexibility in designing a space that will meet their needs and their programming into the future. This will have to be reviewed and approved by HPC and by Council. Councilman Romero asked if not getting additional square footage would be fatal to the historic society's plans. Ms. Hanson said it would cut back on the ability for public space and make it a less compelling place for people to congregate. Councilman Romero noted the ordinances addresses the poma lift and the Ski Company committing to pushing snow under the surface lift. Dave Corbin, Ski Company, told Council every season they will attempt to set up a base of snow under the surface lift. Corbin said this will be in sequence with other lift openings and making snow on the mountain. Councilwoman Kasabach asked about shuttle service. Daniel said the lodges will provide year round shuttle service. During the COWOP, the applicants agreed to a combined shuttle service rather than a service for each lodge. Councilman Skadron asked how this project fits with the quota system. Bendon said the growth management quota system regulates the number of lodge units. Bendon noted through redevelopment and limited requests for commercial space, this project fits in the 2008 growth quota. Bendon said there is no annual quota for housing. There are redevelopment credits for the free market housing. Bendon stated this exceeds the annual lodge allotment for one year, which is 112 pillows. This project proposes 474 pillows, which is about 3 years of lodge development growth. Bendon said the community has been challenged in the bed base, especially in the low end which has declined over the past years. Bendon said the ordinance states the annual quota is consumed for this yeaz but would be available at 112 pillows next year and thereafter. Councilman Skadron asked how old Lift lA is. Daniel said it is 36 yeazs old. Councilman Skadron asked the expected life of a lift. Dave Bellack, Aspen Ski company, said with proper maintenance and part replacement, lifts can last a long time. Councilman Skadron asked the capacity on Aspen Mountain and if replacing this lift would diminish the skiing experience. Corbin said the skier numbers peaked in the 1990's and the mountain is currently below peak numbers and there is unused capacity Mayor Ireland said he feels this project is superior to the project submitted as the Lodge at Aspen Mountain last year. Mayor Ireland said he would like to see that use of the parks space the city is contributing for the poma lift is accessible during the summer. Mayor Ireland asked who will take caze of the museum structure between now and when it is rehabilitated. Mayor Ireland asked what happens if one of the entities ceases to exist or does not participate in the project. Mayor Ireland said each entity is responsible For benefits and paying for those. If one entity ceases to be or cannot perform, where does the public get the money to finish the benefit. Mayor Ireland said the money should be escrowed so if one party does not go forward, the money can be put up to complete the benefit. Mayor Ireland said he is concerned about the use of the real estate transfer tax to put for affordable housing. Mayor Ireland said unless there is assurance that this financing is Reeular Meetine Aspen City Council December 8.2008 approved prior to approving the project, the city faces the problems of increasing the RETT when the constitution says there cannot be a real estate transfer tax. Mayor Ireland said he feels the construction management plan needs to be more specific and the city needs to know what "mitigate for pazking" means. Mayor Ireland said controlling pazking at construction sites has been difficult. Mayor Ireland said there needs to be strict control over who is pazking at that site. Mayor Ireland said there needs to be a way to protect the affordable housing units from outrageous HOA dues. Mayor Ireland stated he does not support 10 years vested rights. Mayor Ireland said if vested rights are granted, they should go away on conveyance of any portion of this real property. Mayor Ireland said the city needs assurance that the site can be put back together, like a bond to put the street back, plant trees, repair the site. Mayor Ireland said he does not want fences and concrete and there should be a way to restore a site so that it is not visually destructive. Mayor Ireland opened the public hearing. Toni Kronberg said the COWOP ordinance approving the master plan process stated the standazds of the review would be the goals established by the task Force. One of these goals is to provide easy and welcoming access to all users that integrates the Lift One neighborhood and minimizes traffic and pavement. Another is to develop improved lift access and the world cup venue. Ms. ICronberg said the result was a platter lift. Ms. Kronberg stated there is no transportation system that addresses these two goals. Ms. Kronberg said this will increase the number of cazs coming into Aspen. Ms. Kronberg said she would like to see an aerial transportation system as part of this project. Ms. Kronberg said the proposed building will block the view of Aspen Mountain. Peter Greene encouraged Aspen to pass this project; it's time to complete this side of the mountain. David Ledingham said the traffic and parking from the Limelight construction project were a nightmare and his concern is construction parking and keeping vehicles off Aspen street and the traffic going up Aspen street. Ledingham said the size of this project will have an impact on the neighborhood for Aspen's guests. Ledingham said he would support this project is there were no construction impacts. Tom McConnell, president Lift One condominiums, said they support the project and Centurion partners have worked diligently with them. McConnell said the issue of the service vehicles ingress and egress solely on Aspen street causes concern to Lift One. The traffic will increase at this intersection. McConnell said he would like the opportunity to address this change in service access. Bob Hoover, representing the Mountain Queen, said their homeowners association voted against the project at the COWOP. Hoover said the residents of the Mountain Queen are opposed to this project in this current iteration. They are opposed to the poma lift and the elimination of their ability to go in and out of the ski hill. Hoover said not enough information has been presented about the height, bulk and massing of the east building. Hoover said his clients are concerned over the canyon effect at the intersection with their Reeular Meetine Aspen City Council December 8.2008 lot. Hoover said they aze concerned about increasing the COWOP area and encroaching into the fire access for the Mountain Queen. Hoover said drainage problems will be created by this project have not been addressed. Hoover said this project keeps changing and does not appear ready to be voted on. Hoover said this project does not work for the Mountain Queen homeowners and requested a continuance. Debra Braun, Lift One task force and ACRA president, told Council she supports the project. Ms. Braun said Aspen's guests are looking for high end amenities and this project meets that niche. Tom Sharkey, AHS Board, said he walked the lift access to the end of the World Cup area arena. Sharkey said this project could bring history back to this area and a better entrance to the mountain. Moving the Skier's Chalet for a museum will help the community. Jenna Wetthered, AHS Board, told Council the board voted in support of this project and is grateful for the opportunity to participate. Ms. Wetthered said the park and the museum can be a transition from town to the mountain. Ms. Wetthered requested Council approve the additional FAR for the museum site to make it a viable operation for the Historical Society in the future. Lee Mulcahy, AHS Boazd, agreed with Sharkey and Wetthered, and said this is a great opportunity as a community to link the mountain and the town. Kip Hubbard, AHS, told Council they are really excited about the opportunity to move into this new space as a museum staff. Hubbard said they support more space to do the best job for the community they can. Irma Prodinger told Council her main concern is why the Lift One is not coming back to it's original location. Ms. Prodinger said the lift being closer to town was the main attraction for lodges on the west side of town. When the lift was moved up the hill that side of town deteriorated. Zachary Matthews, COWOP member, said recent experience basing the entire operation for World Cup out of the lobby of the Skier's Chalet indicates the need for new infrastructure. Matthews noted this is the only World Cup venue not serviced by a high speed lift. Matthews said he is proud of the job the COWOP did with this project and it is much better than what would happen without a COWOP plan. Mark Cole, Aspen Valley Ski Club and COWOP member, encouraged Council to support the outcome of this process. Cole complimented the developers for figuring out what will benefit the community, one example is the increase to the commitment to affordable housing. Cole said there are some people for whom this project presents difficulty; however, one should look at this as what presents the greatest good for the greatest number of people. Andrew Kole, task force, said he feels the deliveries offer an opportunity instead of a problem. Aspen has many delivery trucks coming in and this project presents an opportunity to come up with a system to improve deliveries throughout town. Kole said the idea of the COWOP was to not go to a public vote, to get a representative group of people in town to work on the project. Kole said if the lift were moved down to Dean street, the result would be even worse traffic. Mary Anne Meyer, AHS Boazd and COWOP member, said the developers have given and given throughout the process. This project has changed in bulk and mass. Ms. Regular Meeting Aspen City Council December 8, 2008 Meyer urged Council to vote in favor of this project and to increase the extra square footage for the historic museum. Alex Biel, Shadow Mountain townhouses, said the majority of the board supports this project and would like to see it go forward; there are more good things in the project than bad. Biel said the developers have been responsive and they are still working on ironing out the details. Guy Noble, Timberridge, said this has been a long process and the developers have been extraordinary in working out the details. Ms. Noble said this is a most exciting prospect for the neighborhood and they endorse the project. Tim Ditzler, COWOP facilitator, reiterated the master plan was developed first and then the developers developed their project. The COWOP was not shown the previous projects; this was new designs. Ditzler said the 27 members of the task force represented different parts of the community. The Council wanted consensus, which the COWOP took as a mandate and over 90% of the task force voted in favor of this plan. Mary Janss, COWOP member, said she is concerned about the care of the historic buildings until something happens to them. Ms. Janss urged Council to vote for this project; it is exciting and well thought out. Ms. Janss said if this is not approved, in the future developers who are not as sensitive to Aspen would not come up with as good a plan. Glenn Monigle, Aspen Mountain townhomes, said they are the closest neighbors to the project and have followed the development with great interest and are in support of the project. Monigle said his homeowners have compared this with developments in other ski areas and feel this development has had superb resources and they are pleased with the project. Monigle said there is a garage exit facing Gilbert street, which could be a problem. Monigle noted Gilbert street is only 15' wide and it cannot be widened. There are no sidewalks. John Kelly, representing Robert Scherer at the corner of Gilbert and Monarch, said their main concern is egress onto Gilbert. Kelly said they have met with the developer and city staff. Kelly said the biggest issue is safety; Monarch is steep and slippery. Kelly said if there were any widening of the street, the paved portion would be within 4.5' of Scherer's front door. Kelly said they would like to see no egress on to Gilbert. They support the project as a whole if those issues are worked out. Galen Bright, COWOP member representing Southpoint Condominiums, thanked the developers for listening to the adjacent property owners throughout the process. Bright said their concerns are preservation of open space and of the view planes. Bright said this project did the best to preserve the view planes and the open space. Bright agreed there is a need for high end hotel rooms in Aspen. Bright said they are concerned with all the traffic coming up Aspen street and there should be some sharing of that traffic. Bright said he was a proponent of bring the lift to town; however, going through the COWOP process, reviewing the constraints, he understands and supports the surface lift as the best possibie solution for the site. Bright noted this area is zoned lodge and there is no better place for lodge development. Bright said he does not agreed with additional above grade space on the park for the Historical Society. Junee Kirk urged that the lift be brought down to Dean street. Ms. Kirk said with rearranging buildings on the site, there was 8 acres to plan and having the lift coming 10 Regular Meeting Aspen City Council December 8, 2008 down to accommodate riders is important. Ms. Kirk stated this project should have to go to a public vote because of the vacation of public rights-of--way. Ms. Kirk asked where the open space in exchange for greater density is. Ms. Kirk questioned the community benefits beyond lockers and a surface lift. Ms. Kirk questioned the free market units in the lodge district; the free mazket units are only occupied by people with no interest in the community. Bendon noted that free market units are allowed in the lodge zone. They are away to finance projects ahead of time. Renee Stazk told Council she supports this project. The development of the west side of Aspen mountain is long overdue and she favors this well planned entrance to the lift one area. Ms. Stark said Council initiated this master plan to coordinate redevelopment of properties at the base of Aspen mountain into a unified version rather than unrelated projects. Ms. Stark said this plan is organized around open spaces. Ms. Stazk said a large addition to lot 4 for the museum is unnecessary and will obliterate the view from Dean street. Ms. Stark said the historic skiing artifacts would be more appropriately displayed in restaurants and hotel lobbies than being part of this master plan. Phyllis Bronson said she does not feel she was represented on the task force nor what she has heard from the task force. Ms. Bronson said she does not see the community benefit in most of this proposal. Ms. Bronson said good design should be in keeping with the character of the town and the character of Aspen is disappearing. Ms. Bronson said this lodge is larger than the lodge that was turned down. Ms. Bronson questioned the community benefit of not addressing housing for people already here. Ms. Bronson said her concern is that the city is recreating the sterility of Highlands and Obermeyer. Les Holst said he is trying to preserve a livable community and to keep the scale and character of Aspen the way it is. Holst said the historic preservation task force should be listened to before Council votes on this project. Holst said there aze hydrostatic problems of building on the mountain, which has not been addressed. Holst said the developer should be talking about what is good for the community. Holst said this area should have small dormitory-style lodging. Holst said the developers are going to sell this immediately after approval. Holst said this project does not meet the definition of scale and massing and is bad for the community. David Schoenberger said the community wants to see something in this area more than townhouses. Schoenberger said he has opposed this project because of traffic and lack of affordable housing mitigation. Schoenberger said after watching the COWOP, he believes in this project and feels it should be approved. The community will not benefit from this process coming to a halt. Schoenberger said it would be difficult to put this to a public vote because of the complexity of the project. Schoenberger said 100% affordable housing is a benefit to the community. The tax basis for this project will be a benefit to the community. Schoenberger said the traffic impacts and mitigation is a concern. Schoenberger stated it detracts from the consensus of a COWOP when individuals come forward in public comment and have differing opinions about what they have done. Schoenberger said he has enjoyed how the COWOP brought this master plan together and that this is an azea that needs to be reviewed and approved. 11 Regular Meeting Aspen City Council December 8, 2008 Mayor Ireland announced Council will conduct their regulaz meeting and will reconvene on Ordinance #34, Series of 2008, after the regular business. REGULAR MEETING Mayor Ireland called the meeting to order at 5:30 with Councilmembers Johnson, Romero, Kasabach and Skadron present. CITIZEN PARTICIPATION 1. Phyllis Bronson said comments on the Red Ant taken out of context that the Mayor said an economic downturn would be good for Aspen and the Mayor is being blamed for the worldwide economic recession is disturbing. Ms. Bronson said just because people want contained growth does not mean they are communists. 2. Toni Kronberg said there are some safety areas for RFTA buses she would like to bring to Council's attention. One of these is Aspen and Durant, which has the highest accident rate in town. Ms. Kronberg suggested eliminating parking on the north side of Durant during the winter. Other safety spots are Aspen and Main intersection and the area near the Hickory House. Mayor Ireland requested Randy Ready and Tricia Aragon look at these intersections. 3. Pam Herr, representing the Aspen Gay Ski Week, requested permission to hang their rainbow banners from the lampposts on Main street. Ms. Herr showed a proposed banner noting there is no advertising or writing on the banner. City Clerk Kathryn Koch reminded Council they had directed staff to draft an amendment to the sign code so that these requests were addressed more uniformly. This code amendment has not yet been drafted. Jim True, city attorney's office, told Council the amendment staff is suggesting would allow the Aspen Gay Ski Week rainbow banners. True said staff is recommending banners be allowed for local organizations with annual events or significant anniversaries. Mayor Ireland moved to approve banners on light poles for Gay Ski Week; seconded by Councilman Romero. All in favor, motion carried. CONSENT CALENDAR Steve Barwick, city manager, requested Council add two items to the agenda; Ordinance #41 requiring carbon monoxide monitors and Resolution #117, approving a storm water contract. Stephen Kanipe, chief building official, presented an ordinance to require carbon monoxide monitors in al] new construction and retrofits on remodeling or existing construction. Tony Fusaro, county building department, told Council Pitkin County is adopting an emergency ordinance to address this. Mayor Ireland suggested streamers on 12 Regular Meeting Asnen City Council December 8, 2008 the local access television to advertise this ordinance. Ed VanWalraven, fire marshal, told Council they are going to set up a cazbon monoxide information hotline. Councilman Romero moved to adopt the consent calendar as amended; seconded by Councilwoman Kasabach. The consent calendar is: • Resolution #113, 2008 -Completion of Phase I Burlingame • Resolution # 114, 2008 -Renewable Energy Mitigation Spending • Resolution #115, 2008 - Adoption of Smuggler Open Space Master Plan • Resolution #116, 2008 -Contract Design Services Burlingame Phase II and III • Resolution #117, 2008 -Contract Storm water Design • Minutes -November 24, 2008 All in favor, motion carried. ORDINANCE #41, SERIES OF 2008 -code Amendment Carbon Monoxide Detectors Councilman Johnson moved to read Ordinance #41, Series of 2008; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE NO. 41 (SERIES 2008) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 8 OF THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 8.15 TO ESTABLISH THE RESPONSIBILITIES FOR CARBON MONOXIDE DETECTORS. Councilman Johnson moved to adopt Ordinance #41, Series of 2008, on first reading; seconded by Councilman Romero. Roll call vote; Councilmembers Kasabach, yes; Johnson, yes; Romero, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #40, SERIES OF 2008 -Fees for 2009 Steve Barwick, city manager, told Council staff reviews their department fees annually and suggests increases at an average of 3%. These fee increases are to keep up with costs of the programs. Barwick told Council these fee increases do not include community development department as they are doing a study on their fees, which will be presented next yeaz. Mayor Ireland opened the public hearing. 13 Regular Meeting Aspen City Council December 8.2008 Toni Kronberg said she is concerned about the cost of the Aspen Recreation Center at over $1 million a year subsidy. Ms. Kronberg said with this fee increases, it will cost a family to spend up to $50 just to go swimming. Ms. Kronberg recommended the ARC committee focus on increasing the use of the ARC to increase the revenues. Tim Anderson, recreation director, told Council they are always looking at ways to increase revenues and saw a 25% increase in use over thanksgiving. Mayor Ireland closed the public hearing. Councilman Johnson moved to adopt Ordinance #40, Series of 2008, on second reading; seconded by Councilman Romero. Councilwoman Kasabach stated she supports the fees as proposed; however, if there is a major decrease in use, Council can readdress the fees. Roll call vote; Councilmembers Romero, yes; Skadron, yes; Kasabach, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #37. SERIES OF 2008 -Electric Rate Change Phil Overeynder, electric department, told Council the last time the electric rates were changed, there was not a change toward conservation. The way the water rates were structured encouraged an increase in conservation. Staff has been working with Council on these rates and different categories. At first reading, Council selected scenario #1 which is what this ordinance will adopt. Todd Christiano, Redoak consulting, told Council the revenue adjustment with these new rates will be $1.1 million and will help to fund new energy programs, increased power costs, and service extensions. Christiano noted there is a fixed charge per month regardless of the energy usage as well as the energy charge. The residential is a 3-tiered inclining block, higher energy pays a higher unit price. Non-residential and commercial is currently uniform for all usage. Christiano noted the existing rate structure is easy to use and understandable; however, the system losses aze not accounted for equitably across all the customer classes. There is no conservation incentive in the current rate structure. Christiano told Council in putting together rates, they looked at the revenue requirements of the utility, reserves, customer prof ections, and the rates structure parameters. The proposed rate structure has a customer charge that vazies on one's transformer size and residential and small commercial both have a tiered block structure to encourage conservation. Christiano noted that 50% of the energy consumption for the entire utility is recovered in the first block to get to revenue stability. Large commercial rates have a peak demand charge. The proposed rate structure new customer change based on transformer size recovers a better share of fixed costs. The tiered structure has been extended to small commercial customers to send the energy conservation message. The revenue from the 4`h tier will fund the renewable energy projects. 14 Regular Meeting Aspen City Council December 8, 2008 Christiano showed the proposed energy rate, different amp and kWh and usage characteristics. Christiano presented a chart showing that Aspen's electric charges are the 5th lowest in the state and with the increases will still be the lOtt' lowest of the state. Councilman Skadron asked if this plan is fair across the board or does it inappropriately shift the burden to greater users. Councilman Skadron said he feels people should pay their way. Christiano said this plan is revenue neutral and recovers what is needed. The rates shift the burden from the lower consumption customers; the higher tiers have a higher unit cost. Councilman Romero said shifting the burden because everyone benefits from the higher energy users paying more. Councilwoman Kasabach requested staff come back and let Council know how this new plan is working out. Councilman Romero moved to adopt Ordinance #37, Series of 2008, on second reading; seconded by Councilwoman Kasabach. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Roll call vote; Councilmembers Romero, yes; Johnson, yes; Skadron, yes; Kasabach, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #35, SERIES OF 2008 -Extension of Building Permit Moratorium in CC Zone and Commercial Mix Chris Bendon, community development deparhnent, told Council this extends a moratorium in the commercial core started in December 2006 which prohibits building permits that cause a change in use or business character done in the anticipation there would be regulation in business character and profile in downtown Aspen. Bendon said this also prohibits building permits that cause historic interiors to be affected. Bendon said this moratorium places limits on changes in tenancy. Tenants can get a lease and a business license and move in; however, lessees cannot get a building permit to make changes to the space. Bendon reminded Council there have been exemptions to the moratorium ordinance, like the Red Onion amendment for the preservation of the historic interior, the J Crew amendment, the Peter Fornell amendment. Bendon noted the amendments are becoming more and more precise to address each situation. Bendon said the land use code is a tool of limitation, not creation. Bendon said the discussion has moved away from a regulatory approach towards a more proactive approach, how can the community work to preserve important community services without using punitive measures. Bendon said staff has considered partnerships, incentives, succession planning, community owned stores, all of which aze common in other communities. Bendon noted the commercial mix is an important issue to this community and will be an issue in the community plan. Bendon said the moratorium has less public purpose to it after two years and the amendments are too precise. Bendon told Council regarding historic interiors, it has been a wait and see approach and there is no longer a sense of urgency. 15 Regular Meeting Aspen City Council December 8, 2008 Mayor Ireland opened the public hearing. Galen Bright said for a commercial real estate broker, the moratorium has been very frustrating and is not fair and is discriminatory. Tenants cannot open in a space not designed for their use. Potential tenants do not try because they are intimidated by the moratorium. Ruth Kruger reminded Council in 2001 stores closed and employees were out of work; walking through town was bleak. The city formed a task force to determine how the economy could be stimulated to bring vitality back into the core. Ms. Kruger said staff has different interpretations of the moratorium. Ms. Kruger said the city should be doing everything it can to promote business in Aspen. Keith told Council he opened a coffee and tea business, Parallel 15, on the Hyman avenue mall and checked with community development deparhnent before opening then received a correction notice; it is hard to understand the needs and hard to celebrate a new store opening. Stan Clauson said the coffee business is the kind of business the community wants to see. Clauson said the economic downturn will see changes and the city has to be flexible to accommodate these changes. Clauson urged Council to end the moratorium. Andrew Kole told Council he is in favor of eliminating the moratorium or if not, the city should have a small business liaison to explain the situation to new business people. Mayor Ireland closed the public hearing. Mayor Ireland stated he favors eliminating the moratorium and favors the proactive approach to retaining businesses. Councilman Johnson said it was an emergency when the moratorium was adopted. Aspen citizens have been dissatisfied with the direction of commercial mix for at least the last 15 years. Councilman Johnson noted the current AACP update process is asking citizens how they want their town to look and the moratorium should stay in effect until after that process. Councilman Romero said the moratorium had context two years ago and he is willing to let it expire. Councilman Romero said the update to the AACP can continue and the dialogue will be useful. Councilman Skadron said this seems to be an opportunity for Aspen to gain back some of the businesses that have been lost and he would not want a policy that precludes that from happening. Councilwoman Kasabach said she supports staff's recommendation to allow the moratorium to expire. Mayor Ireland said he has not yet seen a regulatory scheme that will get the city what they want so it does not seem wise to continue the moratorium. The citizens have mixed feelings about what they want. Mayor Ireland said the market place by itself may eliminate all locally serving businesses. Councilman Johnson moved to adopt Ordinance #35, Series of 2008, on second reading; seconded by Councilwoman Kasabach. Roll call vote; Councilmembers Skadron, no; Romero, no; Johnson, yes; Kasabach, no; Mayor Ireland, no. Motion NOT carried. 16 Regular Meeting Aspen City Council December 8, 2008 ORDINANCE #34, SERIES OF 2008 -Lift One Neighborhood Master Plan. Chris Bendon, community development deparhnent, said there was a question about setbacks in the eazlier hearing and the narrowest point between the two buildings is 60', which is roughly equivalent to the Hyman Avenue mall. The widest point is 120' equivalent of the width of Main street. Bendon note another question was about pedestrian access along the ski back corridor and whether this is year round; this is year round and is covered under 10(c) in the ordinance as a year round public ski and pedestrian access. David Myler, representing Lift One Lodge, told Council they have been redrafting the ordinance to address questions that arose in the earlier public hearing. The first issue is construction sequencing, addressed in Section 5.1 and 5.2, which provides a mechanism for 100% of the estimated cost of the public improvements and amenities for which each project would be responsible if it proceeded to be financially assured with a bond or mechanism acceptable to the city. The issue is what to do if one project proceeds independently or ahead of the other and how to provide for financial assurance of the public improvements. Myler showed a list of what improvements each project would be responsible for and all the costs will be subject to financial assurances before beginning the project. Myler said another issue was affordable ski lockers, covered by new language in 5(h) there will be a valley wide lottery to apply for ski lockers, not to exceed $300. Another question was a restoration bond or financial assurances that both the public property and the private sites would be restored if the projects stop. Myler pointed out 5(n) makes it clear financial assurance will extend to both the private as well as the public property. Myler said master development agreement, which will govern the manner in which this project will proceed, the language maybe incorporated into the individual subdivision agreement and language has been added to cover that. Myler said in 10(c) covers access to the green space that is not owned by the city, like the land under the platter lift. Language has been added that states pedestrian use will be allowed when the surface lift is not in operation. It does not make sense to have people walking up the ski slope when the platter lift is operational. Myler noted an issue was raised about inequitability of homeowner's dues and the housing office added language to the guidelines to state protections need to be built into mixed projects. Myler said all affordable units aze in one building and in 11.5 states Dean street condominiums will have it's own association and the board members will be owners of the affordable units. Myler said 11.4 addresses who will be responsible for the Skier's Chalet lodge until it is moved. Lift One Lodge owns the lodge and will agree to maintain it in its current state so that it does not deteriorate. Myler pointed out 16.2(f)(6) has language to reconfirm that tenants in Lift One building who were required to be evicted will have an option to purchase any of the for sale units developed by the Lodge at Aspen Mountain. Myler said concerns were expressed about 17 R~ular Meeting Aspen City Council December 8, 2008 the real estate transfer assessment and an agreement on an increase in employee costs. Myler said changes were made in 16.2 and 16.3 attempting to clarify the methodology to determine the real employee costs that need to be provided as subsidy for these projects to achieve 100% mitigation. Myler said reference to "BETA" was eliminated and the language states when a certificate of occupancy is issued, the developers will write a check; the Lodge at Aspen Mountain for $5,622,500 and Lift One Lodge of $2,470,000 and based upon the calculation of the actual employee costs, the balance will be paid within 3 years after a c/o. When a "BETA" is imposed or not is up to the developers. Myler said there is no reason to include the city in a private transfer assessment. Myler said the new language suggests that if the city and developers cannot reach an agreement on what the actual employee costs would be, that would be submitted to binding arbitration. Myler said Section 19 addresses construction management plan and parking, which states all vehicles will be parked on site, shall be registered with the city, construction pazking shall be prohibited in residential area and CMP shall provide an intercept lot which is acceptable to the city and that construction will comply with the noise ordinance. Myler noted the vesting has been reduced to 10 yeazs rather than 15 years and the applicants aze willing to answer questions about the need for 10 years. Councilman Romero asked about the pools of financial obligations for community improvements to each prof ect and that public amenities should be defined and referred back to the chart as. presented. Councilman Romero said the pazagraph provides a guarantee of restoration bonding in the event one of the project stalls out or a guarantee of completion to insure installation of amenities; this is both a guarantee of restoration as well as to provide funding to complete the public amenities. Bob Daniel, Lift One Lodge, noted there is financial guarantee for the subdivision improvements and public amenities, the completion of the public improvements. There is aiso a restoration bond for the portions of the private property in the event the project stalls so the city will end up with the public amenities in place and a virgin site. Daniel pointed out the sequencing of community improvements each project is responsible for is in Section 5.3. Councilman Romero asked how the applicants got to the amounts for the employee calculations. Daniel said for Lift One Lodge is was $130,000 times 19 and for Lodge at Aspen Mountain is was $130,000 times 42. Councilman Romero asked how the applicants arrived at 3 years to pay this balance. Myler said it gives the developers time to get additional revenue. Daniel said that time period also coincides with the completion of the audit for the affordable housing true up. Councilwoman Kasabach asked if the developers will maintain the Skiers Chalet and Steakhouse as well. Daniel said yes they will. Councilman Skadron asked if the Ski Company feels that the gondola plaza is an excellent venue and if the goals laid out in the 1985 Ski Company application are met. Mike Kaplan, Ski Company, said the ski operation goals are being met by this master plan, which will enhance the west side access, which is an under utilized azea. Dave Bellack, Aspen Ski company, pointed out the gondola area has the most successful hotel in Aspen, successful shops, two busy 18 ReEUlar Meetin¢ Aspen City Council December 8.2008 restaurants and a Beat way to access the mountain. There is a vitality and a community sense. Mayor Ireland brought up construction sequencing and what is outlined provides assurance that if one or both of the projects go south, the city will have the ability to complete the public benefits promised by this ordinance. John Worcester, city attorney, told Council if this project is approved, there will be a master development agreement and subdivision improvements agreements where these details will be flushed out. The ordinance should provide the guidance staff and the applicants need to draft the master development ageement. The sequencing of the construction is outlined in Section 5.1 and 5.2. Mayor Ireland said one of his questions is if there is a shared responsibility for amenities, how aze they paid for. Worcester noted some improvements are on private property and if that developer is not going to build, how will those improvements be built and paid for. Councilwoman Kasabach requested both the Steak House Skier's Chalet and the Lodge will be maintained be added to the ordinance. Daniel said that is agreeable. Worcester said anon-transferable locker right will be added regarding the ski lockers. Mayor Ireland said he does not support the $130,000 as a baseline figure or a figure for which calculations and adjustments will be made using the all city cpi, which does not exist. Mayor Ireland said he does not want links between the obligation, the figure of $130,000, which is low and based on the most inexpensive affordable housing, or creating a standard based on the cpi. Mayor Ireland said he would support a statement saying the developer will create the units or if the developer chooses, and the city agees, a payment-in-lieu which will be based on methodology using average land costs. Mayor Ireland reiterated he is not using $130,000 as the figure because it is the lowest affordable housing the city has. Mayor Ireland said in the construction management plan, the parking plan has to limit the number of contractors and sub-contractors on site and coming into town. Mayor Ireland stated it is unmanageable having every employee drive to the site. Mayor Ireland stated he does not understand the necessity to have 10 years vested rights. John Sarpa, representing the Lodge at Aspen Mountain, said with the complexity of this master plan and the scope of accomplishments, the applicants outlined reasonable time periods to put together the master development agreements, finish the plan, go through the building permit process. Sarpa said each applicant will have to also draft and have approved a subdivision improvements ageement which coupled with the master plan agreement will take a total of 4 years, leaving 6 years to draft final plans and go through the building permit process. Sarpa said the applicants have tried to be reasonable in drafting this time table. Daniel said there are challenges in the financing market with adding covenants regarding transfer of financial interests. Daniel said ownership interests aze fluid throughout a project. Daniel said the covenants in this ageement run with the land and the tight ordinance and tight master plan further the effort to assure the covenants running with the 19 Regular Meetin¢ Aspen City Council December 8, 2008 land. Mayor Ireland said 10 years is a long time and invites uncertainty on what will actually happen. Mayor Ireland stated the community needs protection that the project will be done and ownership changes aze cause for concern given the requested vesting period. Daniel said there is a series of definitive agreements which add progressive levels of specificity in these documents. Councilman Romero said the timeline diagram illustrates additional steps the developers have to make with the city to earn the right to begin building. Councilman Romero said the timeline responds to the underlying question of what type of assurance can be provided that the agreement will be followed and the grey interpretations are limited. Daniel noted if 24 months pass and the applicants have not gotten approval for the master plan agreement, they lose their vesting and after that, if in the next 24 months, they have not gotten approval for the subdivision improvement agreements, the vested development rights disappeaz. Councilman Romero said he feels those steps give the community sufficient protection. Mayor Ireland said there may be a series of guideposts that have to be met to obtain vesting, which needs to be spelled out in the ordinance. Mayor Ireland said the city needs a way to insure this is moving forwazd in the mazmer in which it was approved. Daniel proposed the applicants have two yeazs to get the master development agreement approved; if that is not accomplished, the project goes way. After that, the applicants have two additional yeazs to get the subdivision improvement agreements in place; if that is not accomplished, the project goes away. After that, the applicants have 5 years to get their building permit, and if that does not occur, the approvals go away. Worcester said the ability to check in and make sure the applicants are in compliance with the agreements makes sense. Worcester said it is important to state what the vested period will be and what that means. Bendon told Council the Obermeyer project had 7 years vested rights; one year to file the development agreement. Bendon said the most important pazt of the project is the development agreement; complex projects require complex agreements. Bendon said he is okay with 2 years to get the master development agreement, 2 years to subdivision improvements agreement, and a period of time in which to get the building permit. Worcester said the first 2 years period is the most critical; if the city and developers cannot come to an agreement as to what they are going to do, the project is in jeopazdy. Mayor Ireland asked about the additional squaze footage for lot 4. Councilman Romero said recognizing they would have to come back for detailed plan approval, the language should be clear that they have to come back with a land use application on how they fit into the neighborhood. Councilman Romero and Councilwoman Kasabach said they are okay with adding that square footage. Councilman Skadron agreed as long as it is clear they have to go through the appropriate review procedures. Bendon said this will be reviewed by HPC and the issue is whether Council wants review. Council agreed they want review over this extra square footage. Bendon noted the addition for the extra square footage will be under dimensional requirements Section 12.4(h) maximum allowable floor azea 6,000 square feet adding 20 Regular Meeting Aspen City Council December 8, 2008 "which may be increased to 8500 square feet subject to HPC review and review as a substantive amendment pursuant to section 31 of the ordinance". Daniel said the timing of improvements on separate parties properties may only apply to the development on the east side of the street where the surface lift would be built and public parking on the west side, the flow chart has sequencing; tramway board approval, master plan with street vacations, there will be a easement through Lift One park, Willoughby Park and the property owned by Lift One Lodge, the first line of surety is an easement. Daniel recommended the master plan agreement cover the timing of the installation of the platter lift if the Lift One Lodge does not go forward. Mayor Ireland said there needs to be a firm deadline by which the improvements will be done, including moving the buildings and having the lifts operational. Worcester said the applicant has represented this will be dealt with in the master development agreement and requested a letter from the applicant stating that is the case and outlining how this will be dealt with in the MDA. Daniel said on the housing issue, the applicants will delete reference to Burlingame Ranch, to the cpi and go to the concept of it being acost-based approach with the concept that at certificate of occupancy, there is a fixed amount. Daniel said during the COWOP process, the goal was to provide above the 60% base affordable housing mitigation and the applicants committed to 75% housing mitigation. Daniel said in committing to 75%, the applicants determined the figure of $130,000 times a number of employees due at certificate of occupancy with the balance being paid within 3 years following the C/O. Daniel said the applicants agreed to take out reference to Burlingame and to the cpi with the ability to keep the cap due at certificate of occupancy outlined in the ordinance. Mayor Ireland opened the public hearing. Cliff Weiss said the applicants and the Ski Company have addressed his issues about snow under the platter lift and the shuttles, which leaves him in favor of this application. Weiss requested Council vote on this issue rather than deferring it to an election, which undermines the COWOP process after all the effort put in by the members. Ruth Kruger, COWOP member, told Council she has participated in four different COWOPS, and she feels it is a viable process and each project was different. Each COWOP was full of community members with a divergence of opinions. The process results in a product one would not have come to without so many different opinions. Ms. Kruger said she feels this project was the best possible and Council has asked good questions and she requested Council vote on this project and move forward. Jeremy Barbin thanked the community for taking time on such an important decision. Barbin said the Lift One plan and process is the definition of collaboration, the definition of give and take between developers and the community and the definition of how the process should work. Barbin said this project works for the area, is right for the community and is dedicated to bringing back vitality to the west side of the mountain. Barbin said the commitments to affordable housing and to sustainability should be 21 Regular Meeting Aspen City Council December 8, 2008 applauded. Barbin said Council is voting on the master plan and on the validity of the process. Eben Clark, representing Silver Shadow condominiums, withdrew their prior objections to this plan. Work has been done with the developers, who have addressed ski access, the concerns over building height and the setback for the view and light. Clark said they are happy with the removal of delivery on Gilbert street. Stan Clauson, ACRA Board, noted when the idea of a master plan was first raised with AC1tA, there was skepticism about the process and concern over the delays. Clauson said the ACRA Board recognized how important the revitalization of the Lift One area is and how a unified vision including public benefit is a winning solution. The ACRA Board endorses the master plan. Clauson noted the entire community benefits from the gondola plaza, the restaurants and economic activity and the vitality at the base of the mountain. Clauson said this development should help revitalize lodges on the west side of town which lost some vitality when activity shifted to the gondola. Natasha Long, event director of the Buddy Program, told Council their program benefits from a business at the gondola plaza who has donated money to serve 80 buddy pairs over the past year. Ms. Long said The Little Nell also benefits non-profits through discounts and sponsorships and events at the hotel. Ms. Long said this project will restore vitality to a dead spot in Aspen and will create a more inviting neighborhood. This project respects the unique history of Aspen through financing a museum and the restoration of the original ticket office. Aspen citizens have requested more parking, ski lockers, a restaurant on this ski of the mountain. Ms. Long said this project is environmentally advanced and goes beyond LEEDS requirements. The project is providing 15 to 40% more affordable housing than the city's code demands and it also provide employment for Aspen locals. Derek Johnson, COWOP and Juan street resident, said this was a very interesting process; it was beneficial and successful and the 27 COWOP members got into all issues. Johnson said he feels it was the responsibility of the COWOP members to educate themselves and to attend the meetings. Johnson noted Juan street is the most impacted housing from this project, 6 affordable housing units surrounded by the project on two sides. Johnson said the community needs this project to stay competitive and to create vitality. It is redevelopment like this that allows people to live in Aspen year round. Johnson requested Council approve the project. Dylan Johns said lodging has been lost in Aspen and when he was on P&Z, locations were discussed and there are few areas suitable to lodging, one of which is the base of the mountain. Johns said there has been much public input as the Lodge at Aspen Mountain started and moved through the public process over the last several years. Dana Dalla Betta said the master plan represents a critical juncture in the community and allows the community to embrace the past and look forward to enhance the vibrancy and vitality of Aspen. Ms. Della Betta said this area is an underutilized resource. Ms. Della Betta said this plan will provide a reinvigorated gathering place for both locals and visitors. Ms. Della Betta noted the current conditions warrant a more forward thinking plan than just recreating the past. This plan provides an enhanced guest experience and housing for 22 Regular Meeting Aspen Citv Council December 8, 2008 employees. Ms. Della Betta said this project is critical to Aspen's sustainability in the increasing competitive area. Ms. Della Betta noted the 2000 AACP states not only remember to preserve history but to be thankful that the town has survived to welcome new people. Ms. Della Betta said the town has survived not only due to the respect given to the historic roots but also to the ingenuity and creativity to respond to changes. Ms. Della Betta said the spirit of history and opportunity both are shown in the Lift One Master Plan and encouraged Council to approve it. Kelly Sweitzer told Council she is representing new Aspenites and she moved here for the opportunities available to young professionals. Ms. Sweitzer said moving to Aspen comes with a set of challenges, finding housing, finding lodging for visitors. Ms. Sweitzer said this master plan represents opportunity for the local community and makes it exciting to live here. Mary Barbee asked what governs the use of the property during the next 5 years process. Worcester said the land use code would govern the use of property. Worcester said the property will stay as it is until the requisite permits are obtained. Mary Janss, COWOP member, said she has not seen a group of developers bend over backwards to get things done right, to listen to people's thoughts and complaints and to fix anything possible. Patrick Sagal said the applicants should commit to having the platter lift open whenever Lift One is running. Sagal suggested Astroturf be used under the platter lift. Sagal said he does not feel the transportation issues have been sufficiently addressed. Sagal commended the applicants for putting this together; however, the plan is not complete enough to protect the community's interest. Sagal said he feels this project should be voted on by the public. Phyllis Bronson said it is not the role of the COWOP to be a lobbying group and just because people are not on the COWOP does not mean they do not have opinions. The COWOP is supposed to be an advisory board, not the final arbiter of the project. Ms. Bronson said the Lift One Lodge is more appealing because it will not overwhelm the mountain. Ms. Bronson said the project is overwhelming. Ms. Bronson said lift IA is sparse and dearly held location. There will be change but Ms. Bronson said she would like to see it change in a more subtle way. Georgia Hanson thanked the Mayor and Council for starting this master plan process. Andrew Kole said the developers have made a calculated risk and are investing a lot of money in this project, which is not appreciated by the general public. The COWOP supported this plan by 90% consensus through compromise. Kole said if not this project for the west side of Aspen mountain, what project would it be. Toni Kronberg said more than half of the people who spoke at this public hearing had a vested interest. Ms. Kronberg said she supports lodge rooms on the site with community benefits; however is 300 ski lockers a benefit. Ms. Kronberg said the surface lift does not support two of the COWOP goals. Ms. Kronberg said the amount of traffic coming to this site will not be a community benefit. Ms. Kronberg noted the easement of Friedl Pfeiffer specifically states it is to be used as a cable chair lift, not a surface ground lift only operating part of 23 ReQUlar Meeting Aspen City Council December 8, 2008 the day. Ms. Kronberg said this area should be served by an aerial lift. Ms. Kronberg said the community has been struggling with how to deal with transportation. Bendon entered an e-mail from Evan Boenning into the record in favor of the project. Councilman Romero moved to suspend the rules and extend the meeting to 11:45 p.m.; seconded by Councilman Skadron. All in favor with the exception of Mayor Ireland, motion carried. Bendon noted amendments to the ordinance were made during the public hearing. Mayor Ireland objected to continuing to amend the ordinance and not allowing Council or the public time to digest these amendments. Mike Kaplan, Aspen Skiing Company, said the Ski Company would not be supporting this project and be part of the application if they did not think it would be a great experience for skiers and boarders. Kaplan urged Council to vote in favor of this master plan. Sarpa said his company has been working on this application for 5 years and put themselves in the trust of the community and the Council. Sarpa said the COWOP was efficient and accomplished a lot. Sarpa said the west side of the mountain needs to be re- energized. If this project is not approved, this area will be thrown into turmoil. Sarpa asked Council not to throw out the work done by many people in the community and to vote in favor of this project. Daniel told Council the Lift One Lodge was a different project when it started and it looked different when approved by P&Z and HPC. Daniel said they went into the COWOP with trepidation. The plan before Council came from a group of committed citizens trying to address the goals. Daniel said their goals were history, accessibility, and revitalization and they acquired properties in this area to achieve those goals and to bring life back to this area. Daniel urged Council to vote in favor of this project so the applicants can get to work. Bendon told Council two substantive amendments have been made to the ordinance. One change is in the vesting rights section to require 2 years to file a master development agreement; from that date, two years to file the individual subdivision improvement agreements, and from that date 5 years to file for building permits. The second change is about the FTE subsidy in affordable housing and the true up, all references to the Burlingame calculation and the $130,000 will be based on the city's actual and reasonably expected development costs on a per FTE basis with a maximum outlay at certificate of occupancy with the numbers agreed to and at 3 years after that, the remainder of the payment based on the actual costs. Councilman Romero said his criteria are solution, systems and service. Councilman Romero said the amount of commitments and assurances the city is getting through this proposed agreement goes a long way towards containing and minimizing the 24 Re¢ular Meeting Aspen City Council December 8, 2008 community's exposures. Councilman Romero said he feels the burdens and benefits are even with no undue costs. Councilman Romero said there seem to be adequate checks and balances through subsequent agreements, like the master development agreement, the planned unit development agreement and plats, the subdivision improvement agreement, tramway board approvals, building permit reviews and the financial assurances for completion of the public benefits and the restoration of the public and private properties are a collection of protections. Councilman Romero noted a lot of service has gone into this process and the community recognizes the idea of the greater good for the community and guests, and visitors aze attracted to the spirit of that in Aspen. Councilman Romero said he feels that spirit played out through the COWOP and this Council process. Councilman Romero said conditions he is emphasizing for approval are the vesting structure of 2 years, 2 years and 5 yeazs which is a sufficient mechanism to insure the development does not runaway from the community and gives a level of specificity that applicants will not create a new program. Councilman Romero said he feels the vesting structure will give some time for an economic recovery. Councilman Romero said he favors eliminating the link to Burlingame and to the pricing, which is an important amendment. The applicants will link this to the city's actual costs, when they are incurred. Councilman Romero said the surety for completion and for restoration is very important to the community. Councilman Romero said the applicants have mentioned a connection with the city's transportation system in coordination with existing transit routes. Councilman Romero said there is a commitment from the applicant where if the platter lift is not moving, there will be an alternate way to get to the lift one. Councilman Romero said there is the issue of community benefits and what happens to each of these if one project goes forward and the other one does not. Councilman Romero said this is a significant issue and there should be an agreement crafted that the platter lift be construction if the Lodge at Aspen Mountain gets ahead of Lift One Lodge. Councilman Romero said he is prepazed to support this project. Councilman Romero stated he looked at the vision, the goals and objectives that the community shares as outlined in the Aspen Area Community Plan. Bendon told Council this project will pay an impact fee at building permit to go to in- town transportation. Bendon noted this project will generate enough need to extend either the Galena street shuttle or the cross town shuttle to this neighborhood and those funds could be used to provide that service. The city cannot promise that route because it would be an earmark of those funds. There is a substantial commitment in the building fees to go into the transportation fund. The city can choose where to put those monies. Barwick told Council the annual operating costs would be $100,000 to $200,000 to provide transportation service to this project; the cost difference depends on how the route is run and frequency of service. Daniel said this impact fee will generate $1.2 to $1.5 million. 25 Regular Meeting Aspen City Council December 8, 2008 Councilman Skadron thanked staff for their efforts inputting this presentation together and to Mayor Ireland and Councilman Romero in participating in the COWOP on behalf of the city. Councilman Skadron said he feels a better project is being presented due to the COWOP process. Councilman Skadron agreed the base of the mountain is the location for density and for hotel rooms. Councilman Skadron said the community should receive benefits, which this project provides. Councilman Skadron said this project does provide local access to the mountain. Councilman Skadron said a park, a museum and a refurbished Skier's Chalet are good for the community. There is economic benefit to the city from this project. Councilman Skadron said this threshold question is whether this project honors Aspen's history or is Aspen's history being leveraged to justify development. Councilman Skadron asked about the general support of a project inviting development of commercial properties, the size of which differs from the community based plan. Where is the relationship of the building environment to the town's history. Councilman Skadron said he feels mass and scale should be guided by the goals in the community plan that speak to historic definitions of community character. Councilman Skadron said the city is in pursuit of community and affordable housing is needed today to strengthen that community. Councilman Skadron said it is unclear how building units addressing needs other than immediate needs is in anyway effective in pursuit of community goals. Councilman Skadron said he does not understand why aging treasures are demolished, like old double chair lifts, and replaced with new versions of the same thing in an attempt to honor history that is being taken away. Councilman Skadron said the Obermeyer project is beautiful, it houses locals, and SCI exists there however, the project feels sterile and lacks vitality the COWOP hoped to create there and raises doubt about the success with this project. Councilman Skadron said vitality equals people and people equal development. Councilman Skadron said the question is whether the benefits are worth the cost of development. Councilman Skadron said he feels the results of this project are over-sized buildings lacking moderately priced rooms, affordable housing that fails to serve the immediate community need, a transportation plan that is less than visionary, uncertainty about viability of a lively gathering place. Councilman Skadron said he cannot support this plan in its current iteration. Councilman Skadron said he would like to see development more intimate and sensitive to the town's history. Councilwoman Kasabach said although she is at a disadvantage of being new to this project, she feels she understands it and trusts enough in the system to be able to support the project. Mayor Ireland said the proposition has been presented that people will not rent moderately priced rooms and the community has to focus on high end lodging, which is Aspen's future and its destiny. Mayor Ireland said this is developing at the top of the scale saying that the market place is not responding to moderate rooms. Mayor Ireland said there is danger in doing that and Aspen would not be the first community that become so top-end focused that it burned itself out. Mayor Ireland said it is not the burden of this proposal to resolve all those issues; however, that problem has to be 26 Regular Meeting Aspen City Council December 8, 2008 addressed. Mayor Ireland said it is aself-fulfilling prophecy to say nobody wants moderately priced rooms and build high end projects only. Mayor Ireland stated he is concerned about the direction in which this community is going. Mayor Ireland said Aspen is at the mercy of world forces and has to adapt to these forces. Mayor Ireland said this process accelerated and he would like time to review the amendments made at this meeting and how they can be affected and whether the city is assured of the things they want. Mayor Ireland said it is difficult to approve issues that are fundamentally technical issues without having a chance to review them, like the 2 plus 2 plus 5 for vesting, last week it was a real estate transfer tax, now it is a revenue source not under the city's control to be able to pay for these obligations. Mayor Ireland agreed what the COWOP brought to Council is superior to the original project; the project is more attractive with more community benefits, it provides some hope of vitality and some hope on construction management. Mayor Ireland said he would be inclined to support this if there were assurances the city can shape and understand all the promises. Mayor Ireland said there are outstanding questions, like how does the city get assurance about benefits completion on private property. Mayor Ireland said there is a possibility that a subsequent owner might not abide by these agreements. Mayor Ireland said he could support if this project if it is subject to a public vote which could be reconsidered if all assurances were put into place. Mayor Ireland said Council has a responsibility to fully understand this action. Mayor Ireland moved to amend Ordinance #34, Series of 2008, to include a requirement that be subject to a public vote. Mayor Ireland moved to suspend the rules and extend the meeting to 12:15 a.m.; seconded by Councilman Skadron. All in favor, motion carried. Daniel stated the applicants believe they are close and have language to address the issues. Daniel said they would like the opportunity to work on the language and to give Council an opportunity to look at an entire ordinance. Daniel requested Council continue this ordinance to a date certain in order to be able to give the city time to fully respond to the issues brought up at this meeting. Councilman Romero listed the concerns on the table, the vesting period and detailed description around how that will be composed, the housing mitigation and tme up mechanism, the public benefits cross obligations, transportation plan in the ordinance, and the constmction mitigation plan. Councilman Skadron reiterated his issues are stmcture, intimacy and historical aspects. Mayor Ireland said the Council needs to address their land use code because it does not give the city projects that are sustainable or are of small town character. Councilwoman Kasabach moved to continue Ordinance #34, Series of 2008, to January 14`h at 5 p.m; seconded by Councilman Romero. All in favor, motion carried. 27 Regular Meeting Asuen City Council December 8.2008 Councilman Romero moved to adjourn at 12:20 a.m.; seconded by Councilwoman Kasabach. All in favor, motion carried. Kat .Koch, City Clerk 28