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HomeMy WebLinkAboutminutes.council.20050725Regular Meeting Aspen Citw Council Jul,' 25~ 2004 PROCLAMATION - Eve Homeyer Day ........................................................................... 2 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 3 CONSENT CALENDAR ................................................................................................... 3 · Resolution #51, 2005 - Council Rules and Regulations ......................................... 4 · Minutes - July 11, 12, 2005 .................................................................................... 4 RESOLUTION #55, 2005 - Accepting Sculpture Donation .............................................. 5 FILMFEST REQUEST ....................................................................................................... 5 ORDiNANCE #34, SERIES OF 2005 - 227 East Bleeker Historic Lot Split ................... 5 RESOLUTION #50, SERIES OF 2005 - Limelite Lodge Conceptual PUD ..................... 6 ORDiNANCE #32, SERIES OF 2005 - Chart House Final PUD ................................... 17 RESOLUTION #54, SERIES OF 2005 - Contract MEAN Wind Power Purchase ......... 21 Regular Meeting Aspen City Council July 25~ 2004 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, Richards, DeVilbiss and Johnson present. PROCLAMATION - Eve Homeyer Day Mayor, Council and the citizens of Aspen proclaimed July 24th as Eve Homeyer Day in Aspen in honor of Eve Homeyer on her 90th birthday and in recognition for her leadership as first woman Mayor of Aspen. Ms. Homeyer spearheaded the effort for valley wide transportation, and worked to preserve open space and the character of Aspen, getting the 6th and 7th penny sales taxes passed to further these efforts. CITIZEN COMMENTS 1. Toni Kronberg asked Council about the excess dirt fi.om the Burlingame site and about her suggestion that it be used to berm up between Burlingame seasonal housing, Maroon Creek Club seasonal housing and Highway 82. Ms. Kronberg said these are very noisy places to live. Ms. Kronberg suggested meeting with CDOT and opening up the EIS so that the Entrance to Aspen can be re-addressed. The capacity on Main street cannot be increased without opening up the EIS. 2. Chris Tyler, Aspen Lawn, brought up the ban on gas leaf blowers. Tyler showed a showed a gas leaf blower at 65 decibels and an electric leaf blower at 64 decibels. Tyler said he would like the discussion on gas blowers opened up to see if there is a better solution. Mayor Klanderud suggested interested persons meet with environmental health department to discuss possible alternatives. 3. Glenn Loper, Groundskeepers, told Council none of the landscapers were notified of this change and most landscapers found about this by accident. Janette Murison, environmental health department, told Council when staff brought this code amendment to Council, they sent notifications to landscapers and to property managers requesting their input. Mayor Klanderud said this code amendment was adopted because of concerns about noise in town. Councilwoman Richards said there are balancing acts in the community. Councilwoman Richards said she receives complaints from tourists about the noise fi.om leaf blowers. It is energy versus manpower. Councilwoman Richards said she is willing to have the discussion opened. Mayor Klanderud suggested the environmental health department hold a meeting with landscapers and with property managers. 4. Ken, landscaper, said on the block where he lives there are 8 houses under construction and the noise is almost unbearable. 5. Donna Fisher said she would like to be included in the discussion. The use of leaf blowers is very short in duration, especially compared to other noises in town. Ms. Fisher said the city should do something about the roundabout and the triangle piece at the entrance to town. They could both use landscaping and attention. Ms. Fisher asked about the experiment at the S-curves and if that helped, why not continue it. Mayor 2 Regular Meeting Aspen City Council July 25, 2004 Klanderud said it was a two part experiment; the first was during the off season but before school was out. The second part will start August 8th. This is the way CDOT wanted it done. Councilman Torre noted the previous Council approved a master plan for the Entrance to Aspen beautification and it will take two years to implement. 6. Cormac, Aj ax Lawn, said one issue of gas blowers is the manpower. Every landscape company has set their prices; the competition in landscaping is fierce. One consequence of disallowing gas leaf blowers would put some companies out of business. Councilman DeVilbiss agreed the noise ordinance needs to be equitably enfomed and there are other noise sources besides gas leaf blowers. 7. Bill Wiener presented a list of 10 things for the new Council to consider. These include traffic/pollution/valley/buses; number of Council votes necessary to override the zoning code; blue ribbon committee to look at the employee housing program; join the 21st century with online reservations and tickets; control Nile virus; find Aspen's carrying capacity; study the cumulative effects of new development; eliminate housing in lieu payments; have 4 town hall meetings/year; update the Aspen Area Community Plan. 8. Susan O'Neal requested that the parking on Durant in front of the Southpoint condominiums be changed to diagonal parking in order to slow the traffic down. This is the busiest and noisiest street in town and changing to diagonal would help both of these issues. COUNCILMEMBER COMMENTS 1. Mayor Klanderud said she attended the Sundance Summit on Climate Change and will prepare a full report for Council. 2. Councilman DeVilbiss said he attended a Holy Cross Electric meeting with staff members Phil Overeynder, John Worcester and Steve Barwick. Councilman DeVilbiss rated the performance of the city staff from high to very high and the presentation made on behalf of the city was outstanding. 3. Steve Barwick, city manager, told Council the applicants have requested that Resolution #53, Appeal of Code Interpretation Historic Lot Split FAR be continued until August 22nd. 4. Councilman Torte said he attended the RFTA board meeting. The Board gave direction in guiding policies for issues like the Entrance to Aspen and the BRT proposal. CONSENTCALENDAR Councilman DeVilbiss removed items (c) Resolution #55, 2005 - Accepting Sculpture Donation and (d) Filmfest Request. Mayor Klanderud removed Resolution #52, 2005 - REMP Spending. 3 Regular Meeting Aspen City Council July 25~ 2004 Councilwoman Richards moved to adopt the consent calendar as amended, items a and e; seconded by Councilman Torre. The consent calendar is: · Resolution #51, 2005 - Council Rules and Regulations · Minutes - July 11, 12, 2005 All in favor, motion carded. RESOLUTION #52~ 2005 - Approving REMP Spending Mayor Klanderud questioned the funds for New Century Transportation and Rocky Mountain Climate Organization. Mayor Klanderud said she feels the REMP revenues should be spent on directly reducing carbon output. Mayor Klandemd stated she does not feel the funds to New Century Transportation or Rocky Mountain Climate will do that but are more like future planning or public relations. Mayor Klanderud suggested Council establish a policy on how the REMP funds should be spent. Randy Udall, CORE, said there is a balancing act with the REMP funds; sometimes funding planning efforts pays offin future years by reducing emissions. Udall noted an emissions inventory for the valley is being conducted and it will probably show that 40 to 50% of the greenhouse gas emissions are from cars and planes. Udall said he feels it is wise to have money to fund transportation ideas. Udall said RFTA is not funded or staffed to make BRT happen without some outside help. Mayor Klanderud said she does not think REMP funds are appropriate for funding that type of expenditure. The EOTC gave $120,000 two years ago. Mayor Klandemd said she wants to see REMP funds put into reducing the current emissions. Mayor Klanderud said the emissions inventory is being funded by the Canary Initiative. Councilman Johnson agreed, Councilwoman Richards said she would like to see a long range master plan on REMP funds and where will that get the valley in future years. Councilwoman Richards asked what the solar rebate provides. Udall said this proposes a 20% rebate to people who install solar electric systems in their houses. This is for Aspen electric customers; Holy Cross already provides a similar rebate. Councilman Tone said he supports the REMP funding without the money to New Century Transportation and Rocky Mountain Climate. Councilman Torre moved to approve Resolution #52, Series of 2005, deleting the Funding for New Century Transportation and Rocky Mountain Climate Organization; seconded by Councilman Johnson. Councilwoman Richards said she feels Council should support full funding for the items recommended by the CORE Board. Councilwoman Richards said she would like Council to consider being a sponsor of the climate change conference that will be held in Aspen. Councilman DeVilbiss said as a member of the CORE board, he would like the opportunity to review the recommendations before they come to Council. 4 Regular Meeting Aspen City Council July 25~ 2004 All in favor with the exception of Councilwoman Richards. Motion carried. RESOLUTION #55~ 2005 - Accepting Sculpture Donation Mayor Klanderud read a letter from Mary Dominick into the record. Ms. Dominick and her sisters are gifting a bronze sculpture "End of the Trail" by James Fraser to the City. The sculpture was purchased by Henry Stein in 1962. Ms. Dominick stated they are contributing the statue in memory of their parents, Marge and Henry Stein, to the town they settled in and loved throughout their lives. Councilman DeVilbiss asked where the sculpture is located and what size is it. Tim Anderson, recreation director, said the sculpture has been located at the Stein ranch. It is about 250 pounds, 36" high by 26". Councilman DeVilbiss asked the approximate value and the provenance of the sculpture. Anderson said Ms. Dominick has an appraisal and that will have the history of the piece. Councilman DeVilbiss said he would like a site visit and also to have a copy of the appraisal. Councilwoman Richards said she feels it would be wonderful to have a piece of this magnitude in the Red Brick Arts Center. Mayor Klanderud said she would like to move forward; this is a generous gift to the city. Councilwoman Richards moved to approve Resolution #55, Series of 2005; seconded by Councilman Torre. All in favor, with the exception of Councilmembers Johnson and DeVilbiss. Motion carried. FILMFEST REQUEST Laura Thielen, executive director, said Filmfest thought "hot dogs", a display of decorated dogs around town, would be a creative way to raise funds for their education program and to give the program visibility. Ms. Thielen told Council it takes about a year to organize this type of fund raiser and they would like to have the dogs in the 4th of July 2006 parade, and then have them displayed in private and public spaces around town. Ms. Thielen showed an example of one dog. Filmfest will choose two dog molds, probably Labradors, and these molds will be painted or decorated by local artists, celebrities, stars, and then auctioned off. The dogs will be displayed for up to 6 weeks. The dogs weigh about 30 pounds and are mounted on skateboard-type base so they can be wheeled in at night. Kathryn Koch, city clerk, noted staff can work out the details and locations but Council should be aware of the "hot dog" display because of the number of dogs and the length of the display. Councilwoman Richards said this will be an exciting and fun project. Councilman Johnson moved to approve the "hot dogs" display for Filmfest; seconded by Councilman Torre. All in favor, motion carded. ORDINANCE #34~ SERIES OF 2005 - 227 East Bleeker Historic Lot Split Regular Meeting Aspen City Council July 25~ 2004 Councilman DeVilbiss moved to read Ordinance #34, Series of 2005; seconded by Councilman Torre. All in favor, motion carded. ORDINANCE NO. 34 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT 227 E. BLEEKER STREET, LOTS E, F, AND G, BLOCK 73, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Councilwoman Richards moved to adopt Ordinance #34, Series of 2005, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Torte, yes; Johnson, yes; De Vilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #50, SERIES OF 2005 - Limelite Lodge Conceptual PUD James Lindt, community development department, told Council this is a conceptual PUD and Council is the final review in this step. If the application wins approval, it will have to go back through final PUD review at P&Z and at City Council. Councilman Johnson stated he was on the P&Z for 2 hearings on this application but did not vote on it. Councilman Johnson said he does not have a conflict. Councilman DeVilbiss said he has been good friend with the Paas family for years. Councilman DeVilbiss said he does not intend to disqualify himself because of that. Councilwoman Richards said her business has taken her to the Limelight weekly for years but that will not cause a conflict. Mayor Klanderud said Dale Paas made a presentation to the ACRA Board; she left the meeting and did not return for the discussion. Dale Paas, Limelite Lodge, told Council the lodge buildings were built over 40 years ago with little money and little architectural help. There are 5 worn out buildings; 6 natural gas heated swimming pools; outside entrances and little insulation. Paas said their business has come to a crossroads, it cannot stay the same. The choices are sell out and leave or redevelop the lodge and stay in business. Paas said they have been in business 47 years; they like the business and want to stay in business in this location for the town's benefit, for their benefit, and for the tourists' benefits. Paas proposed the redevelopment of a 3-diamond lodge; they need to redevelop and to miss only one ski season for financial reasons. Steve Szymanski, representing the applicants, told Council they have been working with the family objectives to frame the project for 18 months. The recent change to the lodge zone will allow this redevelopment. There are currently 110 rooms on 3 different streets. The proposal is for 128 new lodge rooms on one parcel, which will require an alley vacation. This design ftts within the 500/500 incentives in the new lodge zone district; however, this is a PUD application. Szymanski noted the free market condominiums are the financial engine to make this project work. A new hotel will not work in Aspen 6 Regular Meeting Aspen City Council July 25~ 2004 without a financial engine. Szymanski told Council he has shared the pro formas with city staff and will answer financial questions. Robin Schiller, CCY Architects, said they see this project meeting both public and personal goals. The goals of the applicants are to operate a moderately priced lodge built around families, groups and budget minded travelers that visit the community. The Limelite operates as a backdrop for many community events, like Food and Wine, X- games, and many sports events. Schiller noted since 1991, there has been a decline of moderately priced lodge rooms in Aspen. The 2004 Stay Aspen Snowmass study shows 1291 lodge beds lost over 13 years, due to owners of small lodges converting or selling their properties. Schiller stated another reason for the loss in lodge rooms has been the restrictive zoning. The 2000 AACP emphasizes the need for small lodges for economic sustainability of Aspen. Schiller said this shows that the Paas family goals are in line with the community goals and aspirations. Schiller said the question has been raised why this application is being processed as a PUD and why there are requests for dimensional changes. Schiller said the new lodge code outlines a threshold and what is allowed by right. The code includes provisions for a PUD process, which allows a project that may not comply with every requirement and gives P&Z and Council an opportunity to review the project on its merits. Schiller told Council the Paas family requirements were that the project at least equal the number of moderately priced lodge rooms that exist today; to meet the one room/500 square feet ratio; to meet the maximum 500 square foot average room size; to upgrade the site and to have it fit in the community. Schiller outlined on the site plan project map Cooper, Hyman and Monarch and the property owned by the Paas family, including the Deep Powder Lodge and the recently acquired Snowflake Lodge. The total is 64,000 square feet. One of the goals in site planning was to give the applicants a contiguous lodge without a street in between. The development team looked site planning with that in mind as well as keeping the public space/reception desk facing Wagner park. Schiller said with the economics in Aspen, there has to be free market housing included in the proposal. The free market housing is on the south parcel. The lodge is along the east and north side of the site. Schiller showed Council some prospective renderings of the lodge explaining the proposed materials, mass and architectural details. Schiller showed prospective renderings of the residential part of the building, the entries off Monarch, offCooper, and off Aspen street. The design was to provide a sense of ownership for the residential units and to break up the building. Schiller showed a view of the eastern building. The buildings have been varied so as not to appear monolithic. The lodge will have 128 guest rooms and 1 condominium for the Paas family. There are 17 whole ownership condominiums in the residential project. There is parking for both structures below grade. The access for the lodge will be offHyman Avenue, which is where the parking for the Snowflake Lodge currently accesses. Schiller showed the large spruce trees on Cooper avenue, and the building will be pulled away from the trees so that they will be preserved. There are also trees on the east side of Regular Meeting Aspen City Council July 25~ 2004 the project; these will be preserved. Schiller told Council they originally proposed a 48' lodge, 4 stories, with 128 lodge rooms. Schiller noted 128 lodge rooms cannot fit in a 3- story building. The fourth floor is pulled back from 2' to 10' from the edge of the building. Schiller said they recently received surveys showing a change in elevation of 4' across the site. The revised plan is to build the lodge with 10'4" floor to floor; on the SE comer the height will be 42', which complies with the current lodge zoning. As the grade moves up across the site, the NW comer the building will be 46' where the building will be pulled back. The residential building is also proposed at 46' on the high point of the site and 43' at the lowest part of the site. Schiller said it is important to have large ceiling spaces on the free market units. Schiller presented a study showing the Wheeler view plane and where their building will project into the view plane. The portion of Shadow mountain that is blocked by this building is very small. The existing trees along Wagner park are taller than the proposed building and one will not be able to see the building behind these trees. Schiller showed the white house to the west of the project and how the building steps down toward that building and also landscaping screening for that area. Schiller showed Council a section cut through Hyman street to illustrate the Park Central Building and the Limelite Lodge. A building built out to the street line would have an impact on the building to the north. Schiller presented a shading study will illustrates on December 20th at noon, the shadow of their building does not reach 210 Cooper. Schiller showed a study of the south elevation of the lodge along Cooper avenue and how it steps down towards 210 Cooper from 3 to 2 to 1 story. Schiller said for on street parking they will maintain nearly all of the on street spaces; there will be some reduction at comers where the comers will be bulged out. The project anticipates 50 to 56 underground parking spaces, which will meet the requirements for the new lodge rooms. The staffrecommends a parking ratio of .47/room which works out to 61 spaces and it may not be possible to get that many spaces underground. The proposal has 2 spaces/residential unit, which they feel is marketable. Schiller stated there will be no fewer parking spaces available on street than there are today. Schiller said there are on-street spaces used by Limelite guests with parking passes. The intention is to provide more parking below grade than is required by the addition of rooms and residences so that the net available on grade to public and lodge guests is no less than it is at present. Schiller told Council the city brought up the possibility of another level of parking for public. Schiller illustrated one and two levels of parking and there would only be a net gain of 35 spaces with another level of parking. The square foot area/parking space is very expensive. The suggestion to go out under the street would be difficult because of the underground utilities and would be expensive. Schiller showed where the applicant proposes to vacate the alley so that the lodge can be located on one large parcel. The applicants have received a general agreement from the streets department as long as there is snow storage and equipment turnaround areas. This has also been reviewed by the fire marshal, who has agreed to the alley vacation as long as the building is sprinkled. Councilman DeVilbiss asked about mixing lodge and residential parking under the condominium structure. Schiller said lodge guests would 8 Regular Meeting Aspen City Council July 25, 2004 have to come up a floor and cross the street to the lodge. Schiller said that would not be impossible. Schiller said the residential building will be owned by a homeowners association and the lodge will be owned separately. Schiller said to operate the existing lodges, the Deep Power, both Limelites and the Snowflakes, requires a total of 48 employees. Schiller noted with the new design on one location, the lodge could be operated with 40 employees. The credit of 8 employees would be enough to meet the requirement for the new development and no additional employee housing mitigation would be required. P&Z added a condition that there be an employee generation audit in two years. Schiller told Council the~ new lodge zone district allows 25% of free market housing relative to the lodge units. This proposal has 40% of the square footage of the project for free market units. Schiller said that percentage and ratio is what will make this redevelopment of 128 lodge units possible. The preservation of the Deep Powder cabins has been raised by HPC. Schiller stated the buildings have never been declared historic. The physical issue is that if 3,000 square feet is deducted from this project where the free market units were to be built, the viability of the project disappears. Schiller said the applicants do not feel preservation of the Deep Powder buildings is significant enough to jeopardize this project and the community goals it aims to meet. Schiller pointed out the ordinance as drafted requires the applicants come up with a method to widen Monarch street by 6'. Schiller said that is not a consequence of this project and the project cannot afford to lose 6' and still make the project work. Schiller noted the Limelite lodge spends $18,000/year on bus passes. The location of this lodge is a major incentive for guests not to use cars. Schiller told Council there is a proposal for the Limelite to operate a shuttle; however, they feel this is a financial burden that does not go along with a mid-priced lodge. Schiller stated the applicants feel this is a good project for the city; it meets city goals to allow preservation ora family-operated mid-priced lodge. This project is recycling a critical piece of Aspen real estate. Lindt told Council staffand P&Z feel the lodge use is appropriate for this site. The properties have traditionally been used as lodging; it is in the middle of the lodge zone district. Staff accepts the necessity of a financial driver, which is consistent with the recently adopted lodge code amendment. Lindt said height was a major discussion issue at P&Z. The applicants reduced the height from 48' to 46' and the majority of P&Z accepted 46' as consistent with other lodge PUDs in this area. Lindt presented a handout with the heights of other buildings used to come up with the height in the lodge district code amendment. There are some elements above 46', like the barrel vaults on the lodge. P&Z reviewed story poles as part of their analysis. The relationship with the historic house on east Hyman was a discussion element. Lindt noted the building is stepped down to the west to relate to the house. There is landscaping proposed between the two structures. The architectural compatibility was 9 Regular Meeting Aspen City Council July 25, 2004 reviewed; staff commented they would like the window pattern broken up. This is an issue for final review. Lindt told Council in final PUD review, P&Z will have to make a determination about the credit of employees from the lodge toward the free market residential. Lindt noted the operation currently operates with 42 employees, not 48. The applicant proposes 40% free market units; the underlying code allows 25% by right. Staff agrees with a financial driver for the project and the applicant states they will not be able to make the project work without a 40% FAR financial driver. Lindt said the major community benefit is the number of moderate lodge rooms proposed, with which staff and P&Z agreed. Staff would not like to see a reduction in the number of lodge units proposed. HPC would like two cabins of the Deep Powder lodge preserved. These cabins are not on the historic inventory. They were on HPC's list to designate in 2000, at which time Council encouraged staff to work with property owners to see if the city could get voluntary designation. The HPC stafftried to work with the applicants to provide incentives for preservation and the applicants indicated this was not financially feasible. HPC feels these buildings are good example of Aspen's rustic architecture and ski heritage and there are not many examples left in the city. HPC believes the preservation of these buildings in conjunction with the new development could provide for some additional heritage tourism. P&Z was asked if the applicant were required to preserve these buildings, could the free market land somewhere else on site. P&Z said there is not an additional spot for this free market FAR. Lindt reiterated the applicant did a study on how many public parking spaces could be provided on a second level. Staff agrees these spaces would be expensive and this may hold the developers up on their timeline. Lindt stated the applicants are providing sufficient parking with their location near the commercial core and Rubey park. Staff proposes they provide mitigate with a shuttle and with covered bike storage. The majority of P&Z felt this is a project the city is looking for, to retain moderately priced lodge rooms in the inventory. Council asked if the applicant has figures on doing this project without the free market. Paas said they have talked to several financiers and this project will just be able to get financing. They are not going after the highest and best use. Councilman Johnson asked if this were to be approved, does the alley become the property of the Limelite. John Worcester, city attorney, said vacations are governed by state statutes, which allow vacation of city rights-of-way. When a street is vacated, each owner gets one half of the property. Councilman Johnson said he would like to know the value of that land to the city. Councilwoman Richards said easements are only for right- of-way, nothing can be built on that property. Womester said the city acts as a trustee for the public and the city either needs the easement or not; it cannot be sold. Councilwoman Richards asked the square footage of the free market units. Szymanski said the gross area is 60,000 square feet and the gross area of the hotel is 89,000 square 10 Regular Meeting Aspen City Council July 25, 2004 feet. Lindt noted the FAR for the residential component is 52,500 square feet. Szymanski said the FAR for the total project is 2.5:1. Councilman Johnson asked how the 25% for free market for the lodge code amendment was determined. Chris Bendon, community development department, told Council staff relied on lodge owners and potential lodge developers telling staffwhat would make their project work. Staff looked at potential projects from 25% and higher. Staff was comfortable with 25% as a universal policy but wanted to allow a process for applicants to request a higher percentage from Council. Bendon told Council 42' is the height of the Independence building and that building became a touchstone for much of the infill discussion. That building had a dimension and comfort level for the commercial core area. The largest buildings are in the lodge district; the commercial core is the dominant zone district so between those factors staff arrived at 42' height limit. Mayor Klanderud opened the public heating. Rick Jones, chairman ACRA, stated in general the Aspen Chamber Resort Association supports the development of short term accommodation units and strongly supports moderately priced short term accommodations. Leon Fell, producer of the Mother Lodge Volleyball Classic, told Council they bring in about 3500 participants. Housing is vital to the success of these events. Fell said it is very important to have a large hotel for headquarters and to enable the participants stay close to the downtown core. Shelly Roy said a lot of moderate rooms were built in the 1970's and were built very cheaply. Ms. Roy said the city needs to move forward with new development and to accept height and density. Bill Tomsich, Stay Aspen Snowmass, said there has been a reduction in the number of small affordable accommodations. The Limelite needs renovations and rebuilding. Tomsich urged Council to support this proposal as it meets the community needs and the visitors' needs. Steve Siefert told Council he was in the hotel business for a long time. Siefert applauded the Paas family for wanting to make this huge commitment. Siefert said he was on the infill committee which discussed and recommended code amendments for lodge renovation. Siefert said there is no way traditional hotel lodge units can be built in this economy. Siefert encouraged Council to support this project. John Boyd, Denver, said the operation of the Limelite over the past years has been a great tribute to this community. The physical plant has deteriorated and it is time for a new Limelite. Boyd read a letter to Council from Rick Newton, Aspen Junior Hockey, who supports this proposal. Bob Leatherman, 210 Cooper, said the applicants have made an effort to apprise the association of the magnitude of this development. Leatherman said at a special meeting of their association, they decided their official position regarding development was to support the developments plans put forward by the Paas family. Leatherman said they have several conditions; (1) that the Paas family continue to own and operate the lodge and (2), they will continue discussions on mitigation of the development impact. Leatherman stated most of the owners are disturbed they will lose their mountain views. Leatherman noted since Council passed a code amendment allowing 42' heights, these 11 Regular Meeting Aspen Ci~, Council July 25~ 2004 views are in jeopardy anyway. Leatherman said if an economically viable lodge is not approved, this land will be sold to developers who may be less sensitive to the neighbors. Gerald Pugh, representing the Indiana University ski team, said they, the Limelite and the Ski Company have been partners in bringing the ski club to Aspen. Pugh said the Limelite has helped with moderate accommodations and the program is now in the 5th year. Pugh said this is helping the community getting students involved in skiing and in coming to Aspen that should last a lifetime. Tim Belinski, Obermeyer, said this project has broad community goals and it may be in conflict with the highest and best use for the property. The applicants will need the city's help to reconcile those differences. The development team has connections to and will be sensitive to the area. Tom Benning said he recognizes the need for moderate priced lodge rooms. Benning asked the setback of building 2 of the free market units and will the trees in front be saved. Benning said this building is the whole street and will create a tunnel. Schiller said the trees in the middle of that block will not be saved. The building comes close to the property line. Schiller noted this building is across from Paepcke Park along Monarch and that will not create a tunnel. There are some massing moves with the design that will not create a tunnel. Zedda Federer, Park Central West, said the Limelite Lodge has been a wonderful neighbor. Ms. Federer supports the need to build and to have moderate family-type lodge rooms. Ms. Federer said this building will cut off most of their view and will reduce the value of their property. Ms. Federer suggested the garage entrance be across from Wagner park to cut down the disturbances of the neighbors on Hyman. Another suggestion would be to have garden level units to cut down the overall height. Also the developers could look at having the southeast comer step down toward the northwest to have less affect on Park Central West. Alan Bush, 210 East Hyman, noted that Hyman is more residential than commemial and is a low traffic street. Bush said they are in support of this concept; it is vital to the community to have this type of lodge. Bush said allowing of height to go to 42' from 28' was determined by what makes a project feasible without looking at the impacts on the neighbors. Bush said there has been a taking by allowing the project to go 50% higher than the existing buildings. Bush presented pictures taken from his unit now and how it would be ifa 46' building is built. Bush said the impacts on their building will go on for years and years. The viewplane, which is part of their property value, is dramatically affected. Bush suggested as much height and mass be moved offHyman. Bush encouraged that the parking garage entrance be moved to Cooper. Toni Kronberg said there has been testimony about how the Limelite served this community for years. Ms. Kronberg said without the Limelite Lodge support of letting the community use the pool, that was one of the drivers for the recreation center. Ms. Kronberg noted that in the past 2 years Council has approved the Dancing Bear, Chart House, Grand Hyatt, Residences at Little Nell and the Obermeyer projects. Ms. Kronberg said the community will have to get behind the 4 mountain aerial transportation system. Ms. Kronberg said 30 spaces at this project will not solve the parking problem; 12 Regular Meeting Aspen City Council July 25, 2004 the community needs hundreds of parking spaces. Ms. Kronberg urged Council to support this project. Erin Flink said this project is vital to the community. Ms. Flink said many young people stay at the Limelite Lodge for a reasonable price. The Limelite Lodge is important to the new generation of visitors to Aspen. Ms. Flink urged Council to approve it. Adam Gillespie speaking on behalf of Lee Shumacher, Park Center West said his properties would be blocked out by the new project. This is a well conceived project; however, Council should look at the height variance, the parking entrance on Hyman with 50 to 60 cars a day. Bob Wade, Ute Mountaineer, said he is happy to see this project. The community has been concerned about the erosion of moderately priced lodging rooms. The Ute Mountaineer puts on a lot of events and it is essential to have places for people to stay and for merchandise representatives to stay. Wade said he hopes this action will be a beacon to other small lodges. Meredith McKee said moderately priced rooms are important to young people. Ms. McKee said she supports this. Jeanvivre Fulton stated she supports this project; Aspen has lost over 500 lodge rooms in the last several years. Andrea Clark, 210 Cooper, noted that 14 of 21 owners in that building will lose 100% of their view. Ms. Clark challenged the shadow study as it is not accurate and is generated by software. Ms. Clark said her appraisal states part of the value of her condominium is based on views. Ms. Clark said she is looking for a preservation of her way of life. Ms. Clark said in the future who will insure this project is still moderately priced. Tom McCabe said this is the right project at the right time with the right people. McCabe said a lot of energy and consideration has gone into this design. McCabe said the community decided to take the density on in the center of the community and to concentrate growth in the center in order to limit growth to the surrounding areas. McCabe urged Council to vote for this proposal. Councilwoman Richards moved to suspend the roles and extend the meeting to 10 p.m.; seconded by Councilman Johnson. All in favor, motion carded. Phil Overeynder, water department director, said the utilities in the right-of-way will have to be relocated if the right-of-way is vacated. Lindt presented letters for the record in support of the project from David Perry, Tom Clark, John Rupinski, Dan Blakenship RFTA, Bob and Ruth Wade, Curtis Cain, Suzy Chaffee, Jill Sheeley, Katherine Huske, Barry Stout, Mary and Jim Hayes, Emily Hightower, Ned Collum, Lily Garfield, Laura Thielen, Bob Witek; Michael and Becky Dumeresque, Patsy Malone, Augie Reno; Mickey Spalding, ESPN, Chris Leverich and Nancy Bryant and Warren Klug. There is a letter from James French against the proposed heights. Mayor Klandemd closed the public hearing. Lindt said conceptual approval is giving the applicant the ability to apply for final review, which gets into greater detail. Lindt said the other required land use actions will be 13 Regular Meeting Aspen City Council July 25~ 2004 applied for with the final PUD. Mayor Klanderud applauded the efforts of the applicant to renovate and to continue a moderately priced lodge. Mayor Klandemd agreed there is no guarantee that any business will stay in a particular family. Mayor Klanderud said Council's deliberations need to focus on the land use code, community benefits, costs to the community, and standards by which Council makes its decisions. Dale Paas said the applicants are aware of Council's concerns and that is why they worked with the community development department and with the lodging association to try to present this project. The applicant tried to stay within the 500/500 and some of the rooms are 380 square feet. Paas pointed out these small lodge rooms will stay in existence and that may help the comfort level. Paas introduced the 4th generation of his family who hope to continue the business. Paas said they are asking for variances they feel are justified. Paas said any unforeseen financial complications may lead to rethinking the project. Paas said they intend to continue bringing their guest base to the community. Councilman Johnson stated he is fine with the lodge use in this zone; the relationship with the historic cottage is appropriate; architecture compatibility is all right at conceptual. Councilman Johnson said he is fine with the employee audit in 2 years. Councilman Johnson said the parking as presented is fine. Councilman Johnson stated he has a problem with the pementage of free market when it leads to a height variance. Councilman Johnson said the Deep Powder cabins are a historic value worth preserving. Councilman Johnson stated if it is a city goal to preserve these cabins, the city should bear some of the burden. Councilman Johnson said he does not feel it makes sense to move the cabins; historic structures are historic in context. Councilman Johnson stated Aspen's historic buildings are in the 40 feet range; the contemporary buildings should be similar in height. Councilman Johnson said P&Z discussed that it is appropriate for greater height of lodges on the south side of Durant and buildings would step down as they moved north. Councilman Johnson said property owners do have expectations that neighboring properties will conform to underlying zoning. Councilman Johnson noted the city just passed code amendments that changed the height from 28' to 42' and there has not been a proposal at the new height limit. Councilman Johnson said he would like to see more inventive thinking about the heights. Councilman Johnson said he appreciates what the Paas family has done and applauds their efforts to maintain moderately priced rooms. Councilman Johnson said this is the largest community benefit; however, the city has no mechanism to control that. Councilwoman Richards said she appreciates what the Paas family has done and also appreciates the risk they are taking. Councilwoman Richards said she would like to know what new energy building techniques will be incorporated in the proposal. Councilwoman Richards said she supports the use; supports the relationship with the neighboring historic house. Councilwoman Richards stated she has problems with the architectural compability. Councilwoman Richards said she would like to have more architectural details to see how it works with the neighborhood; it looks blocky as presented. 14 Regular Meetin~ Aspen City Council July 25, 2004 Councilwoman Richards stated she is fine with the alley vacation. The city can put that on the table to make the project work. Councilwoman Richards stated she would like to know if the credit for employees comes from traditional use numbers or from the city's employee generation and to see that comparison and to see what could be expected to operate a new hotel. Councilwoman Richards said she will reserve judgment on the credit for employees but leans toward the mitigation of 4 ADUs. Councilwoman Richards stated she has difficulty with the height issue; maybe 118 lodge units is enough. Councilwoman Richards stated the height on the Hyman Avenue side is troubling. Councilwoman Richards suggested the loss of 8 lodge rooms might lower the height and make a better project overall. Councilwoman Richards stated she is concerned about the tunnel effect a project like this can have. Councilwoman Richards suggested more break up of the street front facade. Councilwoman Richards stated she is comfortable with a 40% free market engine as part of this project. Councilwoman Richards said she is more comfortable with the height on the south side of the project. Councilman Torre said he has been a strong supporter of trying to get more lodge rooms for Aspen; however, this project is not what he had envisioned. Councilman Torre stated he is troubled by the massing and by the lack of setbacks. Councilman Torre said vacating the alley adds to the massing of the building on that part of the lot and create a canyon. Councilman Torre requested the applicants look at breaking up the roof lines and the wall lines. Councilman Torre said he would like to see the buildings along Hyman avenue broken up more. Councilman Torre said he would like a top view with heights pinned to each comer and interior. Councilman Torte said the loss of street parking bothers him even if it is only 13 spaces. Councilman Torre suggested the buffer zones at the comers of the project not take away so many spaces and the public should not have to lose spaces with this project. Councilman Torre asked about changing the orientation of the building so the lower height is along Hyman Avenue. Schiller noted the pool would face north, which is not desirable. Councilman Torte said when the lodge code amendment was in front of Council, he conceived that the residential component was more integrated into the lodge building rather than two separate parcels, one of which is a residential parcel in an area where Council wanted to encourage lodge use. This is going to 40% of the floor area and is a separate building. Councilman Torre asked if the heights approved in the lodge zone would be applicable to a residential project. Bendon answered once a project meets the 500/500 qualification, the heights would apply. If there were no lodge associated with a residential project in this zone, the required height would be 28'. Councilman Torre said the residential portion of the project is a separate parcel and should not be allowed to enjoy the greater heights. Councilman Torre asked if there are any common amenities in the residential buildings. Schiller said there are no common amenities. Pass reiterated they are designing a 3 diamond hotel in context [o high end real estate and construction prices. Paas said the rent for their rooms is less than most other projects in town. Paas said the plan is to leave the lodge rooms themselves about the same size and make the bathrooms larger. Paas said noted one thing that makes their business 15 Regular Meeting Aspen City Council July 25, 2004 unprofitable is the high maintenance and high energy costs. Paas told Council some potential guests do not find the accommodations meet their expectation of Aspen. Paas said one reason to divide up the project is to have complete control over their hotel without getting parmers. Councilman Torre asked about the residential parking at 2 spaces/unit, he would rather see car sharing and shuttles. Councilman Torre agreed the proposed project is something the commtmity would benefit from; however, he would like to see the building more compatible with the neighbors. Councilman Torte said he is concerned about the construction timing schedules. If all 3 new projects on Monarch are to begin construction in the next two years, it will be almost intolerable on that side of town. Councilwoman Richards moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre said he is okay with moving the historic cabins and would prefer not to demolish them. Councilman Torte said there is some historic integrity that can be maintained even if they are moved. Councilman DeVilbiss noted almost everyone who spoke at this hearing supported the Paas family as good neighbors. Councilman DeVilbiss supports the use as a lodge. Councilman DeVilbiss stated he does not have major problems with the architectural compatibility. Councilman DeVilbiss said he is not concerned about the historic cabins. Councilman DeVilbiss stated his concerns are the height, mass and lack of setbacks. Councilman DeVilbiss said he is concerned about the vacation of the alley and the relocation of the utilities; it could be a major project to relocate and reconnect the sewer line. Councilman DeVilbiss stated he is concerned about the loss of on street parking. Councilman De~ilbiss said he would like to see more off street parking. Councilman DeVilbiss suggested some off street parking could be with the residential part of the project. Mayor Klandernd supports this use as a lodge and the increase in the number of rooms. Mayor Klanderud agreed she is concerned about 46' height and the mass of the proposed building. Mayor Klanderud said there will be a lot of environmental improvements from demolition and rebuilding and from changing six outdoor pools into one. Mayor Klanderud said with the proximity to town and to transportation, there may be little impact on the traffic on Hyman. Mayor Klanderud said she hope the applicant will look at varying the height to break up the building. Mayor Klanderud said she is not thrilled about 17 residential units. The goal of the Council was to create more lodging and fractional ownership units in this location may be occupied more and have more traffic. Mayor Klandernd agreed the closer buildings are to the mountain, the less obvious is the height. Mayor Klanderud stated she wants to see this project happen and it is important to work together to make it a reality. All Council have reservations about the project. Mayor Klanderud said she hopes something will be acceptable that is best for the applicant, for 16 Regular Meeting Aspen City Council July 25~ 2004 the neighborhood and for the community. Mayor Klanderud said she would like to see the cabins incorporated. It would be sad to see these cabins demolished; however, they are not historic and any historical integrity is lost when the buildings are moved from their historical context. Councilwoman Richards said she is all right with the parking garage entrance on Hyman avenue. Councilwoman Richards said she has never experienced a lot of traffic into and out of the Snowflake and the Limelite. Councilwoman Richards stated she is OK with the loss of on-street parking. Councilwoman Richards suggested the applicants track the parking permits issued to guests. Councilwoman Richards said she is OK with the setbacks; this project faces a large park, and it is in keeping with the historic forms. Mayor Klanderud said she could approve 1 parking space/unit under the residential building. Mayor Klanderud said she, too, would like to see the data on the parking permits. Schiller asked if this project comes back addressing some of the massing concerns expressed by Council and this new project does not meet the 500/500 one room per 500 square feet of site area, how would Council feel about that. Mayor Klanderud said she would be willing to look at that. Councilwoman Richards said Council was aiming for 2 things with that standard; the size of rooms was not to be of luxury size and secondly, a maximizing of sites for lodge units. Councilwoman Richards said taking those two goals; she would still be willing to look at the project. Szymanski said this project is about choices; how much affordable housing, how much storage, and the project was driven by the number of rooms. Szymanski said they can make changes but the project will fall out of the 500/500 qualifier. Szymanski said they can build 42' on Hyman; however, when they do not meet the 500/500 qualifier, the project will be judged on the 28' standard. Councilman Johnson said his first standard is to follow the land use code; secondly to maintain moderately priced lodge rooms. Councilman Johnson said he probably could not vote for a project that does not meet the qualifiers. Szymanski said their average room size is 480 square feet and 500 divided into 64,000 square feet is 128 rooms. If the applicant does not build those rooms, they do not get the extra height, the extra density, and the extra FAR. Mayor Klanderud noted this is a PUD which does give flexibility. Mayor Klanderud said going below 128 rooms does not eliminate the project for her. Mayor Klanderud said Council has concerns about the project and has listed them for the applicant. Councilman Johnson stated if this does not meet the new code requirements, he will have to review and judge it by the old code requirements. Council agreed they want to see possible changes before they grant conceptual approval. Councilman Torre moved to continue Resolution #50, Series of 2005, to August 8th; seconded by Councilwoman Richards. All in favor, motion carded. ORDINANCE #32~ SERIES OF 2005 - Chart House Final PUD 17 Regular Meeting Aspen City Council July 25~ 2004 Councilman Johnson stated he has a conflict of interest because he heard this project at P&Z. Councilman Johnson left Council Chambers. Joyce Allgaier, community development department, told Council this is final review of the Chart House PUD. The staff's findings are exhibit A; final application exhibit B; referral comments exhibit C; letters from Mark Frierwith, Robert Mick, Carl Levy, Helen Levy, and the Aztec Condominiums are exhibit D. Ms. Allgaier said the applicants are LCH LLC for a redevelopment of the Chart House property. The P&Z voted 4 to 0 to approve this project. Approval was given for a growth management allocation in November 2004 and conceptual was given August 2004. The growth management allocation was for 11 units. There are 10 three-bedroom units each with lock off capabilities for 21 keys and 1 four-bedroom penthouse. The three-bedroom units are 1830 to 2038 square feet in size and the penthouse is 3200 square feet. The lock off rooms are 204 square feet. This property is located in the lodge zone district; this application was submitted under the previous land use code. The applicants seek to establish their dimensional requirements through the PUD trying to show the public benefits of new lodge units, public way improvements, financial contribution to Dean street and some other public amenities. Ms. Allgaier noted this project meets the dimensional requirements approved by Council at conceptual. The property is 12,000 square feet; the building is proposed at 30,000 square feet for a FAR of 2.5:1 and 1:1 is allowable in the zone district. There will be a lounge/restaurant of 2200 square feet on ground floor. There are 2 two-bedroom employee units at 985 square feet; these will meet category 3 housing guidelines. Ms. Allgaier noted there is not an affordable housing mitigation, but the applicants are providing two units. The proposed height of the structure is 46'6", which was approved to conceptual. Some Council members wanted to see the top floor mass reduced. It was reduced and stepped in 13' from the top of the 3rd floor. The size of the penthouse was reduced from 3500 to 3200 square feet. The parking requirement is met with 27 spaces. There are 2 spaces committed to the affordable housing units. Ms. Allgaier noted the required setback to the west is 5'; however, the applicants are proposing 15'. The P&Z and Council worked with the applicants to address the impact of this building on the building to the west. The neighbors at Southpoint would prefer not to see the walkway and patio to the affordable housing units at 7' wide. The applicants propose extensive tree planting along Monarch and preservation of existing trees along Durant. Ms. Allgaier stated the staff is satisfied with the timeshare operating plan and with the amenities package. The timeshare documents require these units to be rented to the public. A condition has been added to the ordinance requiring the owners to reserve their units at least 30 days in advance of its use. That will allow the public more opportunity for rental to increase the availability of beds. There are public fight-of-way improvements, pedestrian improvements, and $250,000 towards Dean street improvements, there are additional short term accommodations provided. Ms. Allgaier noted staff recommends approval with conditions. 18 Regular Meeting Aspen City Council July 25~ 2004 Stan Clauson, representing the applicants, said the application is in full compliance with all conditions of conceptual approval and was recommended unanimously by P&Z. This project was reviewed 3 times by Council and 4 times by P&Z. The top floor penthouse unit has been reduced in size and has been set in. Clauson stated one issue is the residential entryway. Clauson showed A 1-1, which showed the entryway at 6'6" and 7' wide with the retaining wall. The building code minimum is 5'. Clauson said the applicants felt 6'6" enhanced the livability of the affordable units; however, they are willing to make it narrower. Clauson said one of the key issues in the review was preservation of the large cottonwood trees and a sidewalk built on the front of the project. Durant avenue would be restriped to diagonal parking. Clauson stated the major portion of the building ranges from 32' to 37'; the change in grade accounts for the difference. Only the penthouse is 42'9" to 46'6" and the penthouse is set in 18' on north and south sides and 14' from the east and west sides. Clauson stated the penthouse is very important; the applicants added 10' to the side yard setback on the west, which cut down the square footage available. Councilwoman Richards said at the conceptual review, she indicated the flower boxes were important to the design, and asked that as a condition of approval, the representations made should be part of the final design. These seem to be lefl out. Councilwoman Richards asked about requiring replacement of the large cottonwoods if they die during construction. Clauson said both requirements are fine. Councilwoman Richards moved to suspend the rules and extend the meeting to 1 ! :30 p.m.; seconded by Councilman Torre. All in favor, motion carded. Mayor Klanderud opened the public hearing. Lydia Von Tallgren, Southpoint, thanked everyone for the changes and extending the distance between the two buildings to 15 feet. Ms. Von Tallgren requested that the entryway side walk be pulled back to 5 feet rather than 6'6". Susan O'Neal requested the parking in front of the Southpoint be diagonal parking. The applicants agreed with both conditions. Council will not decide on the parking at this meeting. Toni Kronberg stated she supports the Chart House but it does not seem to serve the community. There are a lower number of rooms and it takes away the existing views. Ms. Kronberg said she gives approval because it does not make any difference about views being lost; that is how Aspen is changing and everyone has to accept it. Mayor Klanderud read a letter into the record from Aztec Condominiums opposing the project, as they will be affected by loss of views and loss of privacy and requesting Council not to be too generous. There are also e-mails from Carl Levy and Helen Levy. Mayor Klanderud closed the public hearing. 19 Regular Meeting Aspen Citw Council July 25~ 2004 Councilwoman Richards said she expected to see more done to reduce the bulk and mass of this building. Councilwoman Richards noted at conceptual approval, she approved the project to move it forward but wanted to see more done to reduce the mass and suggested beveling of the comers. Jim DeFrancia, applicant, said the top floor was reduced from 3500 to 3200 square feet and pulled back more into the center of the building. DeFrancia said the design is sensitive to the character of the facings and to the materials. David Brown, architect, showed the beveling on all sides. The comer facing the park has been beveled. The building is stepped up the street. Councilwoman Richards noted that beveling was presented at conceptual. Councilwoman Richards stated a height variance is being requested and she wants to see the building reduced overall. Councilman Torre moved to suspend the roles and extend the meeting to 2 a.m.; seconded by Councilwoman Richards. All in favor, motion carded. Brown showed the model, noting this is a transitional design from north to south and steps up the hill. Ms. Allgaier listed conditions added to date; the flower boxes, street tree replacement provisions, the provision that employees not be prohibited from using other parking in the below grade parking structure; change the entry way for the affordable units, reduce it to 5'. Mayor Klandemd said she likes the project and feels the applicants have been responsive to Council's concerns. Mayor Klandemd said she likes the inclusion of the restaurant, as it will add vitality to the comer. Councilwoman Richards reiterated her request to further reduce the building has not been addressed. This is a very big building for 11 units. Councilman Torre stated he continues to be concerned about the height and the density. Skip Berhorst, applicant, said they made several reductions over the course of conceptual and reduced the penthouse again. Councilwoman Richards said the overall square footage of the building, because of the request to exceed the height limit makes the building too much for her. DeFrancia said the footprint of the Chart House is the same as that of the building to the west. The penthouse adds height; however, it has been moved more to the center of the building. DeFrancia reiterated they were trying to meet thc concerns of Southpoint by moving the building 10 feet away; the building cannot be made smaller. The apparent height of the building is only 3 stories as the penthouse will not be visible from street level. This building is heavily screened by cottonwood trees that are taller than the proposed building. Councilman DeVilbiss listed the St. Regis at 60 feet, Grand Hyatt at 46 feet, Mountain Chalet at 51 feet, Dancing Bear at 46 feet and stated this fits in with the surrounding buildings. Councilman DeVilbiss said he would be willing to approve the project. Councilman Torre said his objections have to do with the internal floor plan. Councilman Torte said the building is compatible with surrounding buildings but he does not favor the height. Councilman Torre stated his objections are that a community goal of accepting a PUD for height variance and reinforcing the lodge district and how that is 20 Regular Meeting Aspen Cit~ Council July 25~ 2004 broken up internal to the Chart House. Councilman Torre said he feels the amenities for the guests were too much and there was a misuse of floor space. Councilman Torre said his objective is to get more lodge units in Aspen. Councilwoman Richards reiterated she would like to see the exterior broken up more, to see the beveling continue to the second floor; the building could be more uniquely shaped. Councilwoman Richards stated the applicants asked for a large variation in height for the zone district and again, it is very large for only 11 timeshare units. Berhorst said they will present more realistic renderings. Councilwoman Richards said she is not comfortable with the overall mass and cannot live with the height unless the building is reduced. Councilwoman Richards moved to continue Ordinance #32, Series of 2005, to August 8th; seconded by Councilman Torre. All in favor, motion carried. RESOLUTION #54~ SERIES OF 2005 - Contract MEAN Wind Power Purchase Phil Overeynder, water department, told Council this contract would increase the wind energy purchased from MEAN by the city. This will increase the city's renewable energy from 5.9% to 27.3%. There is a 2 year cancellation provision. Overeynder recommended further rate changes and adjustments and suggested hiring the consultant who did the recent rate study. Councilman Torte moved to approve Resolution #54, Series of 2005; seconded by Councilwoman Richards. All in favor, motion carded. Councilman Torte moved to continue Ordinance #26, Series of 2005, to August 8th; seconded by Councilwoman Richards. All in favor, motion carded. Councilman Torre moved to continue Resolution #53, Series of 2005, to August 22nd; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman DeVilbiss moved to adjourn at 12:15 a.m.; seconded by Councilman Torre. All in favor, motion carried. S. Koch, City Ci'c~l~k 21