HomeMy WebLinkAboutminutes.council.20181126Regular Meeting Aspen City Council November 26, 2018
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CITIZEN COMMENTS ............................................................................................................................... 2
CITY COUNCIL COMMENTS ................................................................................................................... 2
CITY MANAGER COMMMENTS ............................................................................................................. 2
CONSENT CALENDAR ............................................................................................................................. 2
Resolution #150, Series of 2018 – 517 E Hopkins Contract Termination ............................................ 2
Minutes – November 12, 2018 .............................................................................................................. 2
SERIES OF 2018 – Renewable Energy Mitigation Program Code Changes ............................................... 3
ORDINANCE #36, SERIES OF 2018 – Fall Supplemental Budget – ACI ................................................. 3
ORDINANCE #35, SERIES OF 2018 – Fall Supplemental Budget ............................................................ 3
ORDINANCE #40, SERIES OF 2018 – 2019 Fees ..................................................................................... 3
ORDINANCE #34, SERIES OF 2018 – Changes to Title 24 of the Motor Traffic Code ............................ 4
ORDINANCE #28, SERIES OF 2018 – Amend Title 25 – Utilities ............................................................ 4
ORDINANCE #38 SERIES OF 2018 – Lift One Lodge – Major Amendment and ..................................... 4
ORDINANCE #39, SERIES OF 2016 – Gorsuch Haus – Planned Development ........................................ 4
Regular Meeting Aspen City Council November 26, 2018
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Hauenstein, Frisch
and Mullins present.
CITIZEN COMMENTS
1. Tom Marshall said the issue of salt and mag chloride needs to be revisited. He doesn’t know of
any other town that has banned mag chloride.
2. Toni Kronberg said it is premature for council to pull the 517 contract termination. There are no
time deadlines. Jim True, city attorney, said there is a time deadline, 3.5 million dollars are at
risk. Ms. Kronberg said you still have until December 3rd. I was in favor of Option A. The
campaign was going great then a lot of fake facts came out. She said the fact sheet shows no
building on open space. She also said Taster’s is not guaranteed. She said the statement of facts
option would be a good one, but it is not what is in ordinance 4. Mr. True said council should not
react to the numerous misstatements.
CITY COUNCIL COMMENTS
Councilman Hauenstein sad there are a lot of things to be thankful for. Number 1, we didn’t suffer what
the Camp fire people did.
Councilwoman Mullins said she hopes everyone had a good Thanksgiving and got to go skiing this
weekend. She asked Jim to give us an update on the Red Brick. Mr. True said referring to the criminal
proceedings with Ms. Callan, it is scheduled for arraignment on January 7th. It will be an opportunity for
her to enter a plea. We are staying in touch with the district attorney. This is proceeding through the
legal process and prosecution. Councilwoman Mullins said we will be looking at the Bleeker Street
sidewalks January 8th. The Castle Creek bridge celebration will be on Tuesday. It should be fun.
Congrats to Phillip Supino, planner, he was appointed to represent the city on the complete census count
committee making sure we do our part in a good census.
Councilman Frisch hopes everyone had a great Thanksgiving. Thanks to the Hickory House for
sponsoring the lunch and Evan Vardy and the Jerome for feeding everyone on Tuesday. We are all very
lucky to live here.
Mayor Skadron said the Castle Creek bridge was a little project we did this year. We want to share a
community appreciation event. Tuesday at 3:00 will be a hot cocoa event at the 8th Street bus stop.
CITY MANAGER COMMMENTS
Steve Barwick said it was a great Thanksgiving. He is astounded how well this town switches from
summer to winter.
CONSENT CALENDAR
• Resolution #150, Series of 2018 – 517 E Hopkins Contract Termination
• Minutes – November 12, 2018
Councilman Frisch moved to adopt the consent calendar; seconded by Councilman Hauenstein. All in
favor, motion carried.
Regular Meeting Aspen City Council November 26, 2018
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ORDINANCE #26, SERIES OF 2018 – Renewable Energy Mitigation Program Code Changes
CJ Oliver, environmental health, stated back in 1999 when REMP was created there were shared city and
county building departments. They are now separated. The fees are collected by the city but are held
separately. Moving forward, they will be collected separately. Currently the code states for the city to
spend the fees we are required to have county approval. This is left over from when we shared a building
department. Staff is recommending no longer needing county approval.
Councilwoman Mullins said the program won’t change in any way. Mr. Oliver replied correct. The
intent to fund CORE remains the same. Councilwoman Mullins asked if the change has been coordinated
with the county. Mr. Oliver stated he has met with county staff and CORE and they do not have
objections.
Councilman Hauenstein said this is a housekeeping matter. Mr. Oliver agreed.
Councilwoman Mullins moved to read Ordinance #26, Series of 2018; seconded by Councilman
Hauenstein. All in favor, motion carried.
ORDINANCE NO. 26
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING
CHAPTER 8 OF THE MUNICIPAL CODE TO REMOVE THE REQUIREMENT FOR PITKIN
COUNTY BOARD OF COUNTY COMMISSIONERS APPROVAL TO SPEND CITY OF ASPEN
RENEWABLE ENERY MITIGATION PROGRAM (REMP) FUNDS.
Councilman Frisch moved to adopt Ordinance #26, Series of 2018 on first reading; seconded by
Councilman Hauenstein. Roll call vote. Councilmembers Mullins, yes; Hauenstein, yes; Frisch, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #36, SERIES OF 2018 – Fall Supplemental Budget – ACI
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Ordinance #36, Series of 2018; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes; Myrin, yes; Mayor Skadron, yes. Motion
carried.
ORDINANCE #35, SERIES OF 2018 – Fall Supplemental Budget
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Ordinance #35, Series of 2018; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Frisch, yes; Hauenstein, yes; Mullins, yes; Mayor Skadron, yes. Motion
carried.
ORDINANCE #40, SERIES OF 2018 – 2019 Fees
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilmember Mullins moved to adopt Ordinance #40, Series of 2018; seconded by Councilmember
Frisch. Roll call vote. Councilmember Mullins, yes; Frisch, yes; Hauenstein, yes; Mayor Skadron, yes.
Motion carried.
Regular Meeting Aspen City Council November 26, 2018
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ORDINANCE #34, SERIES OF 2018 – Changes to Title 24 of the Motor Traffic Code
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Ordinance #34, Series of 2018; seconded by Councilman
Hauenstein. Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes; Mullins, yes; Mayor Skadron,
yes. Motion carried.
ORDINANCE #28, SERIES OF 2018 – Amend Title 25 – Utilities
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Ordinance #28, Series of 2018; seconded by Councilman Hauenstein.
Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Hauenstein, yes; Mayor Skadron, yes. Motion
carried.
ORDINANCE #38 SERIES OF 2018 – Lift One Lodge – Major Amendment and
ORDINANCE #39, SERIES OF 2016 – Gorsuch Haus – Planned Development
Jennifer Phelan, community development, said we would like council to consider site planning, uses,
employee generation, cost sharing proposal and get your initial thoughts. She suggesting a quick
overview followed by public comment.
Jim DeFrancia, representing Gorsuch Haus, stated the initial filing was in 2016 calling for a new lift and a
new hotel. The request of ours didn’t call for anything from the public sector. That only came about
when a private developer entered the project. When the question of could you bring the lift down, our
answer was we alone could not do it because we did not control the land down below. Once all the
parties came together the scope changed. This is not business as usual. This is a unique project with the
significant component of public interest of the lift driving it.
Michael Brown, owner of Lift One Lodge, said it is a misnomer to call it cost sharing. It should be public
investment and the best investment the city could make. The plans for affordable housing are fully
meeting the land use code. They are using an incentive in the code to meet another community goal
which is more lodging. With respect to height, the project is no taller than what was approved and is less
floor area. It is worth keeping an eye on the positive benefits these projects will bring to the community.
They will bring a wide open second portal, public base bringing year round vitality, revitalized area with
new restaurants, restoration of historical assets, year round access to the mountain, new lift, potential
revitalization of Ruthies, public parking and lockers, increased lodging in the right location. We have
considered lift first and everything around it second. We are continuing to work with our neighbors on
the east building profiling and massing.
Mayor Skadron said the cost sharing will be a big issue. Generally speaking, the notion around fee
waivers, used as an incentive for developers to spur growth. Why should they be embraced in a
community that shuns growth. Mr. Brown said in this area, my understanding from the memo is there are
considerable city desires and needs that you have to prioritize. The money generated from these projects
will be considerable. The things we are asking for are public things that will be a benefit for the
community and things we think people will want to support. Mr. Defrancia said he is not certain growth
is the issue here. We are talking about replacement of a declined bed base. We are talking about tourism
and our bed base. Our economy diminishes with a declining skiing industry. M. Brown said Airbnb is
becoming more of an option for people coming here. I think that has a decline for people living here too.
Mayor Skadron asked how do you argue the necessity of these projects when we are as busy as we can be
during peak. Mr. Defrancia said that is the character of a tourist venue at its height. To sustain that
Regular Meeting Aspen City Council November 26, 2018
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tourist economy requires being contemporaneous with the quality of the amenities you are offering. Mr.
Brown said we are asking that the fees we pay be spent right there and go to the front of the line. It is
hard to manage the city budget one year at a time.
Mayor Skadron opened the public comment.
1. Bill Stirling said we have always been a ski town, still are and always will be. One aspect of that
is being the sponsor of the highest quality skiing in the world. The Lift One area will always be
where FIS and great ski races are held. The more cooperation with development the better. I
think it is high time something happens in that area. The issue of cost sharing versus investment
is key. Time is of the essence here. Consider a participation of some kind that works in balance
and more sooner rather than later.
2. Kelly Murphy said history matters. We have things that should be shared with the community
but not a place to display them.
3. Jacqueline Ruger Hutton, historical society executive committee, said the museum is a benefit to
the community. We must receive the skier chalet in a white box condition. We need 3,000
square feet of display space. The AHS will finish and operate the space. AHS has not asked the
city for any funding for the museum.
4. Jeremy Oates said he think this will be a vibrant space for the community. As a skier and an
Aspenite it brings everything that I would want to see. It is a great project. The museum wou ld
be great.
5. Lex Tarumianz, said Aspen is a world class town and resort. It takes vision and partnership to do
things like this. There are few people who will walk up this part of the mountain in March. We
are a would class resort and selling ourselves short if we don’t do this. We will have new lodging
and the kind our guests like. This is an opportunity for Aspen, visitors and locals our resort
deserves.
6. Paul Taddune, attorney for lift one condo association, said they are in strong support for this
project. The current plan calls for Dean to be one way from Aspen to Monarch. 33 unit owners
are all here with me supporting the project. It brings vitality. Sales tax generation, harmony of
area as to what it is now, ability to stage for events and all they go with them. This is a bridge
and a portal not only in winter but in the summer. It balances out the community. We are also in
support of the museum. Think big, go with quality. The community will weigh in. This doesn’t
generate growth it generates quality.
7. Peter Fornell said the lodge incentive program exists for a reason. They will have an amount of
affordable housing they will have to mitigate for but that is just the beginning. They will collect a
lot of taxes a portion of which goes to affordable housing. They will continue to contribute to the
program and bring a lot of dollars in. I know they will pay their way. That should be part of the
decision.
8. Galen Bright, lives next to project, president of South point HOA. He said most owners support
the project, but he is concerned about certain aspects. All the planning to date for Dean Street
have been for a pedestrian corridor. Making Dean Street auto centric is a concern. He thinks the
garage entrance location should be moved. The traffic studies should have addressed the
additional traffic created. He asked that the story poles remain up. He thinks the steakhouse is
better used as a steakhouse than affordable housing.
9. Reubin Sadowskis said he loves that side of the mountain and it is exciting to see life brought
back to it. It would be great to see something there.
10. David Guthrie said at some point we’ve got to get going and get back on the world cup calendar.
To go from mud and a torn down lodge to this, of course it is going to be more activity. At some
point we have to say let’s move on. Let’s subsidy something that will give a huge return.
11. Phyllis Bronson said she is not opposed to the right project there. the architecture on Gorsuch has
become rather lovely. There is something missing in this for me. The historical society does a
great job, but I don’t see the value of having a museum on that site. I agree with what Steve
Barwick said. I think history belongs at the library or the historical society. That is too valuable
real estate.
Regular Meeting Aspen City Council November 26, 2018
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Mayor Skadron closed the public comment.
Stan Clauson, representing Lift One, responded to questions raised at the prior meeting. This has not
been a rushed process. Even though we have a deadline with the election in March. We have had work
sessions with council, meetings with P&Z, HPC and Open Space. There are tremendous benefits to the
community. Financial, transfer and lodging tax estimated at 29 million over 10 years. On affordable
housing mitigation, the total requirement is 57.16 per the land use code. Ordinance 31 of 2016 provided
the mitigation percentages, including incentives and reductions. With these it could be reduced to 46.11
FTEs. Employee generation review request is provided by the code to incentivize lodge development.
Based on shared staff and infrastructure for lodge and residential, it is subject to an audit after two years.
Previously approved access was off of South Aspen Street. The alternative proposed access in on Dean
Street. It is least impactful and most efficient for internal services. It is 9,000 cubic yards less
excavation. Easiest access for public parking and direct access for project loading. The one way
condition of Dean results in a slightly narrower street and an additional sidewalk. Is snowmelt needed on
South Aspen Street. The street was rebuilt in 2017 to engineering standards. Heated sidewalks on both
sides of the street benefit pedestrians. On street parking is removed. Less traffic than the previous
approval is anticipated with the Dean Street garage entry. Similar conditions exist on many Aspen streets.
Snowmelt is an issue from an environmental perspective. Alternate accesses were considered and ruled
out for various reasons. Height studies. Interpolated grade was used for the previous approvals. 47.5
was the highest grade in the previous approval. The proposed core is no more than 10 feet above the
approved height or 57.5 feet. The west building had an approved height of 53.3 feet with 10 feet over that
for elevator over runs. The actual buildings fit well into the landscape. Dimensional comparisons, the
buildings are slightly larger. 202,000 square feet versus 199,000. The floor area is different based on
how it was measured in previous approvals.
Councilwoman Mullins asked when were the original approvals. Mr. Clauson replied 2011 then there
were subsequent approvals in 2016.
Councilman Hauenstein said for the record, I was absent for the first meeting. I have viewed that meeting
and read all the materials. I feel I am up to speed and ready for full participation.
Councilwoman Mullins said she is confused about the parking configuration. Where will the parking be
for the free market units. Mr. Clauson replied all parking is accessed off of Dean Street. The free market
and lodge parking is part of the subgrade and to the south of the public parking.
Councilman Hauenstein asked are all the lodge and free market parking valet serviced. Mr. Clauson
replied yes.
Councilwoman Mullins asked about the pull in parking on Gilbert for cascade townhomes. Will that stay.
Mr. Clauson stated none of that will change. Councilwoman Mullins said for the employee mitigation,
are you still proposing part in cash in lieu. Mr. Clauson said that would require council approval. We are
not proposing that at this time.
Councilman Hauenstein said the original agreement had Lift One Lodge responsible for all of the skier
chalet finish. The new proposal has 1 million form Lift One Lodge and the rest from the city. Mr.
Clauson replied it is one million from us and one million from Gorsuch Haus.
Councilwoman Mullins asked if you will keep the cottonwoods on Gilbert Street. Mr. Clauson replied we
have a tree plan. He is not sure on those trees. He believes they are part of the vacation of Gilbert street
that would go to the park. There are significant tree removals and replantings that would be required.
Regular Meeting Aspen City Council November 26, 2018
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Councilman Hauenstein said between the two structures that is a lot of dump truck loads. Is all of that
going to the landfill. Mr. Clauson said that needs to be resolved. We’ve had some discussion with the
skiing company if they could use some of the fill. We’re trying to find meaningful use for the fill.
Councilman Hauenstein said Gorsuch is proposing to use double loaded dump trucks. Does the bridge
support that. Trish Aragon, city engineer, said the castle creek bridge does not have a weight restriction.
It can handle it.
Councilman Frisch said it is fair to say that these are community investment asks not cost sharing. I’m
trying to get this across the finish line and voted on as soon as possible. I’m a little worried about how
much it is going to pass by. I see a few aspects including what is the role of this council. We have the
ability as a council to decide what gets voted on. I think we have the ability about what to put to the
voters. On sequencing, what type of assurances can we and should we ask for if things go upside down.
People can use the lift without the hotels. We have an affordable housing waiver discussion happening. I
want to acknowledge that it is in the code. At the end of the day I don’t think the developers care where
the breaks come from just that there is an adjustment in fees. The city has many different buckets that
money goes in to. I’m going to put affordable housing funds as the most important. As soon as people
start asking for millions of dollars there are two scenarios they are asking for. I’m wondering if it is
going to get done without paying for it. There has to be some acknowledging of questioning it now. I
appreciate the city’s yardstick doesn’t always make sense to the layperson. This is not a typical
development project.
Mr. Brown said we were half way done with our entitlements when we heard the call to bring the lift
down. Which we’ve done. The viability of the project often gets overlooked. We’re seeking a project
that can be built.
Richard Shaw, representing Gorsuch, said the conservation zone was not a zone created around full on
preservation. It is more of a holding zone. Fully used for skiing and on the edge. There have been
projects that have changed this zoning including the Little Nell gondola and the hotel. What remains on
lot 2 remains in the conservation zone as skiing uses. There are 6 acres in the city limits. There is a
request for a special density bonus. There is a request to increase from 500 square feet to 550 square feet
per unit under special review. Employee generation special review is seeking approval of discretionary
credit towards the free market component. This project is more lodging than required by code. Lodge
staff will take care of the free market functions with no additional FTEs. The request is to effect 4.5 FTEs
by asking for this credit against the efficiencies. Sustainability measures include the possibility of solar
on the eastern side of the building. We also looked at green roofs for a portion of the roofs. We are
prepared to commit to the standard of a LEED project. Construction sequencing still requires quite a
number of additional reviews prior to the start of construction.
Councilman Frisch questioned about how much if any future development could occur if it changed from
conservation to ski base. Is the plan if this were to go through, this will this be the only development and
no future. Mike Kramer, community development, said lot 1 will contain the Gorsuch Haus lodge. Lot 2
will remain within the conservation zone and still have development rights of a single family
development. Staff has proposed language that would contain a plat note restricting future development.
Councilman Frisch said to a lot of people in the community what is done is done. If there is the ability 5
or 10 years down the road the community should know that. Mr. True said you can and the applicants are
willing to offer protections to offer no further developments without council consent. A future council
can always change that with an applicant’s request. The public vote in intended to approve the rezoning
from conservation to lodge. It is subject to referendum. They are willing to put restrictions on lot 2.
You have to acknowledge that no matter what restrictions are on it, a future council and applicant can
remove that. Councilman Frisch asked can we vote on that then it would have to go to the voters to
change it. Mr. True said I would have to consult with them to see if we would be able to require a change
by an election. If they are willing to do that we can look at it. Sterilization is hard because things can be
reversed. Can we do it so it can only be reversed by a vote, we can look at it.
Regular Meeting Aspen City Council November 26, 2018
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Mr. Shaw said there is a single parcel as part of the subdivision that is proposed. What we have proposed
is to eliminate that possibility through a plat note. That seems to be a high level of protection. It would
not be a guarantee however.
Councilwoman Mullins said the FAR is not represented in what we are seeing now. Mr. Shaw said there
is not an FAR being transferred. The rezoning would establish a zone district. The FAR would go to lot
1. The conservation zone would require a very large lot size to generate the FAR. It does allow under the
land use code to have development rights simply because it is a parcel.
Mayor Skadron asked for an explanation of the conservation zone. Mr. Kraemer read the definition of the
zone district.
Councilwoman Mullins said council’s role is to determine what does the city need in terms of
development. We need to control the growth. Where does development need to happen. What areas of
town need to be reactivated. This project is doing that. It is creating a whole new city park. It is
providing the lodging we need. It is improving the infrastructure we need. It is pr oviding the employee
housing we need, currently and in the future. It is supporting the historic ski hill and historic legacy of
the city. We need to take a look at the whole thing. I wish that the Lift One Lodge is not as big as it is.
I’m concerned about the conservation district and wouldn’t want a single family home up there. In
general, I think the cost sharing makes sense but there are some areas that need tightened up. We need to
come up with the best project we can and convince the voters. If we are behind it we need to work out
some of the details so it will get passed. I think the Gorsuch is extremely successful.
Councilman Hauenstein said ultimately if this gets approved I want people 50 years from now to say that
council had wisdom in their decision. It is a huge commitment that has huge impacts. We have to honor
the vested rights. It is a process of give and take. I don’t want too much of the take to be landing on
work force housing. The lift one corridor impacts the entire community. I believe Aspen Street needs to
be snow melted. I also wants a part of Dean Street that will be in shadow most of the year snow melted as
well. These lodges will create employees and the need for employees. Holistically we can’t just limit
the impacts to a few blocks, it impacts the whole town.
Mayor Skadron said regarding the general site plan, is there any objection to what has been proposed.
Council – no
Mayor Skadron said regarding height, massing and scale, there has been some pushback on this. Jen, you
raised this issue a few times. See if the development team can go back and do anything else or come back
and say this is our project.
Councilman Hauenstein asked to find an elevator return that can knock off a few feet. The west building
is a very large building anyway.
Councilman Frisch said he is fine with the overall FAR size and shape of Gorsuch. His preference would
be to see a smaller Lift One Lodge. If there is a way to reduce some mechanical that’s great.
Mayor Skadron said the St. Regis is approximately 234,000 square feet and the North of Nell is
approximately 200,000. Are you comfortable looking up the mountain and seeing another St. Regis.
Councilman Frisch said I would love Norma to come and build 3 or 4 Snow Queens but it’s not going to
happen. Councilwoman Mullins said I think the Gorsuch design is very successful. Lift One has quite a
bit of impact. Remember it will be going to a vote. Reducing the size will present better to the voters.
Mayor Skadron said the reality is it is an enormous development going on the side of the mountain. Are
you comfortable building 300,000 square feet on the side of the mountain.
Councilman Hauenstein said it is hard to argue with someone getting emotional with a 300,000 square
foot development. But the rest of the world is moving around us. In order to be a competitive product, I
think I can make that sacrifice. This is the only place it can work. It doesn’t work on Hopkins or the base
of shadow mountain. I cringe at the size of the west building of Lift One Lodge. If that is what we have
to have to get the whole project to work. Now we have what we asked for and have it in front of us.
Change is inevitable. The life of Aspen depends on the western portal being a viable base area.
Regular Meeting Aspen City Council November 26, 2018
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Mayor Skadron said the reason I’m pushing this is we are outside the normal process and I want to make
sure it is given the proper scrutiny. Councilman Hauenstein said I don’t want to feel we are on a time line
or rushed to get it on a ballot by March. I don’t feel that pressure.
Councilwoman Mullins said there are trade offs. What we’ve got, the foreground of both those projects is
three really important historic resources. The impact of the larger lodges behind them may not be as
great.
Councilman Frisch said I think the trade offs and both projects will be large. It will take some amount of
time for the community to digest them. It is a great place for lodging. I’m not sure where else in town we
are getting lodging. I think the view planes are protected. I think most people in the community will be
willing to make the tradeoffs.
Mayor Skadron said I think something should get done here. There is general census around the height,
mass and scale as to what has been proposed.
On the cost sharing matter, Mayor Skadron said he is concerned about how much the community has to
take on specifically as it related to cost sharing and these fees. Asking the city to dedicate these funds is
clever wording. It is real money that comes out of the city coffers and tax payers pockets. I don’t believe
the museum should be seen as a burden. It is an opportunity to shed costs and add value. The lift adds
value. Moving the skier chalet adds FAR and adds value. I want to fight against excess. Added
development to an already enormous development. We are subjecting this approval to a negotiation.
Shouldn’t all aspects of the project be subject to negotiation. I don’t believe the community should give
any dollars away.
Councilman Frisch said there is also an affordable housing ask that is part of the code. They are not
asking for anything more than what is in the code. Staff support on Gorsuch to add extra and capture by
right. I’m happy to support that. Ms. Phelan said there are two components for this incentive. Minimum
lodge unit for square footage of the lot. 1 unit per 500 square feet. The other component is the average
key size. The smaller the unit size the greater incentive or reduction in mitigation. Councilman Frisch
said one method is to strike all the financial asks. Mr. Brown said this memo is not familiar to me. We
don’t agree with the ask number that is represented here. Councilman Frisch said the applicant is saying
there is affordable housing waivers that are part of the code and we are meeting those. We are stuck that
it is in the code, but affordable housing is the last thing we want to give up. There is another category of
asks, specific obligations that Lift One Lodge purchased with their development tied into the historic
society. Mr. Brown said with respect to the dollar amount it is closer to half. The numbers we are
working off of are 3.5 million for the ski museum and 1.1 million for Dean Street. We never knew the
ask for the restrooms. The snow melting is the same. We didn’t ask for snow melting. Councilman
Frisch asked is there snow melting for any of this. Mr. Brown replied only the sidewalks. We didn’t ask
for any of it. We didn’t present any of these figures. Councilman Frisch said to me there is a difference
to what obligations someone bought and what is being asked. Ms. Phelan said the big changes from the
Lift One Lodge approvals are the skier museum and the extend of changes on Dean Street. Councilman
Frisch said originally Dean Street wasn’t the focal point. How much is the Dean Street. Ben Anderson,
community development, replied the estimate is around 1.2 million. There is some monies from a
previous development. The original number was 850,000. Mr. Brown said another thing I’ve discussed
with Kelly and the AHS are additional costs beyond what we are talking about. We’ve agreed we would
handle any obligations beyond those. We are the ones building it and we understand we have to deliver
it.
Councilman Frisch asked what is the know reduction dollar amount in FTEs. What is the historical
society ask. My initial notion is to keep the historical society with the people who bought the approvals.
The third bucket is everything else.
Regular Meeting Aspen City Council November 26, 2018
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Councilwoman Mullins said we have to remember, we asked them to come to the table and redo the
projects so they would work for the city. The historic element is really important to that. The city should
be a financial partner. I would like to see more exact figures that everyone can agree on. We are getting
an enormous asset from this.
Councilman Hauenstein said it makes more sense to define what has to be done. Snow melt needs to be
done, affordable housing needs to be done, the ski museum needs to be done. Who pays for it. What
hasn’t been discussed is a special tax district. Mr. True said at some point there would have to be a
TABOR type of election. Councilman Hauenstein said if the developers can’t pay for all the
improvements than a special district is appropriate. Lift One Lodge could have been built with their
existing approvals without bringing the lift down or preserving the bull wheels. I do agree that the city
can share in it but don’t think we should take all the burden of it.
Mr. Brown said cash in lieu gives us heart burn too. I would like to produce units. The issue is more of a
timing thing. I could commit to delivering the certificates. I have to find something to produce the units.
I bought housing because my employees need it. If that is a bothering point I’ll produce the housing.
Councilman Frisch said with cash in lieu the number is lower that what it takes to produce a unit. The
number is too low. The other issue is it just doesn’t get built quick enough. Mr. Brown said I share your
concerns about housing. Councilman Hauenstein said I agree with the APCHA suggestion.
Councilwoman Mullins moved to continue Ordinance #38, Series of 2018 to December 3, 2018; seconded
by Councilman Frisch. All in favor, motion carried.
Councilman Frisch moved to continue Ordinance #39, Series of 2016 to December 3, 2018; seconded by
Councilman Hauenstein. All in favor, motion carried.
At 10:10 p.m. Councilman Hauenstein moved to adjourn; seconded by Councilman Frisch. All in favor,
motion carried.
Linda Manning
City Clerk