HomeMy WebLinkAboutminutes.council.20050926Regular Meeting
Aspen City Council
September 26~ 2005
PROCLAMATION - Physical Therapists' Month ............................................................. 2
CITIZEN COMMENTS ..................................................................................................... 2
COUNCILMEMBER COMMENTS .................................................................................. 2
CONSENT CALENDAR ................................................................................................... 3
· Resolution #75, 2005 - CIRSA Property/Casualty Insurance Policy Renewal ...... 3
· Aspen West Affordable Housing Category Change ............................................... 3
· Minutes - September 12, 2005 ............................................................................... 3
RESOLUTION #76, 2005 - City Shop Renovation Contract ............................................ 3
ORDINANCE #26, SERIES OF 2005 - Recycle Initiatives .............................................. 3
ORDINANCE #41, SERIES OF 2005 - Stage Road Vacation .......................................... 7
RESOLUTION #77, SERIES OF 2005 - Wagar/Detweiler Annexation ........................... 8
ORDINANCE #42, SERIES OF 2005 - Open Space Bonds ............................................. 9
RESOLUTION #69, SERIES OF 2005 - Lodge as Aspen Conceptual PUD .................... 9
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Regular Meeting Aspen City Council September 26, 2005
Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torte,
Richards, DeVilbiss and Johnson present.
PROCLAMATION - Physical Therapists' Month
Mayor Klanderud and Council acknowledged the contributions from the profession of
physical therapy and proclaimed October 2005 as physical therapists' month.
CITIZEN COMMENTS
1. Sheryl Kerr, tennis director for the city, said she has heard that the city is thinking
about building indoor tennis facility. Ms. Kerr said there would be a groundswell of
support of an indoor tennis facility. Both adults and the tennis program at the schools
would use a year-round facility. The kids in the tennis programs need to play more than
just in the summer months. Ms. Kerr said she has a letter of support from CMC and from
the Roaring Fork tennis association. Mayor Klanderud said Council has discussed this
once and when they get to the point where they are seriously considering an indo°r
facility, staffwill contact Ms. Kerr.
2. Curtis Vagneur, operator of Snow Limo, told Council he operates a limousine
service in Aspen at night. The issue is the use of limousine parking spots around town.
The city bas signed spots for "taxi zones" but the signs do not specify limousines and his
limousines have not been allowed to park in these spots. Vagneur stated the PUC called
the city attorney stating they have the right to operate this type of business. Vagneur said
he wants to be able to use taxi zones or to have designated limousine parking zones.
Mayor Klanderud stated this should be handled by staff and referred it to John Worcester
and Randy Ready.
3. Toni Kronberg said she would like to decorate the library plaza for Halloween
again and asked where she should go for permission. Mayor Klanderud referred her to
the special events committee. Ms. Kronberg said the ballot in November has a city issue
regarding design and construction of an outdoor pool. Ms. Kronberg said she hopes this
~vill be a warm water pool in which injured people can take therapy. Ms. Kronberg stated
she has concerns about the Aspen Area Cormnunity Plan. Council makes decisions based
on the AACP and nowhere in the AACP does it state Aspen is to become urban. That
should be added to the AACP.
COUNCILMEMBER COMMENTS
1. Mayor Klanderud thanked the Gentlemen of Aspen for putting on a fantastic
Ruggerfest. It was a beautiful weekend. Mayor Klanderud stated we are all very
fortunate to live in the Roaring Fork Valley.
2. Councilwoman Richards said everyone should get out and enjoy Filmfest this
week.
Regular Meeting
CONSENT CALENDAR
Aspen City Council
September 26, 2005
Councilman Johnson requested Resolution #76, City Shop Renovation, be pulled offthe
consent calendar.
Councilman Torre moved to approve the consent calendar as amended; seconded by
Councilman DeVilbiss. The consent calendar is:
· Resolution #75, 2005 - CIRSA Property/Casualty Insurance Policy Renewal
· Aspen West Affordable Housing Category Change
· Minutes- September 12, 2005
All in favor, motion carried.
RESOLUTION #76~ 2005 - City Shop Renovation Contract
Councilman Johnson asked how the scope of work was changed. Ed Sadler, asset
manager, said the changes were in the bathroom, the lighting inside. The old shop is
basically used as a storage area. The brickrwork, drainage, roof are still being done.
Councilman Johnson asked if the contractor has experience with historic construction.
Sadler said Fenton construction does not but his sub-contractors do.
Councilman Johnson moved to approve Resolution #76, Series of 2005; seconded by
Councilman Torre. All in favor, motion carried.
ORDINANCE #26~ SERIES OF 2005 - Recycle Initiatives
Jannette Murison, environmental health department, reminded Council at a meeting in
August, they tabled adoption of this ordinance for more work. Ms. Murison told Council
staff has met with CCLC, attended a business forum hosted by CCLC and met with
businesses on recycling. Suggestions from these meetings have been incorporated into
this ordinance. Staff recommends adoption of this ordinance.
Ms. Murison said purposes of increasing recycling are to prolong the life of the landfill,
to curb global warming and to reduce energy consumption. Ms. Murison pointed out the
two most important provisions are to include recycling in the basic rate of service and
volume based pricing in the residential sector. Ms. Murison said these changes make it
so no one sector is subsidizing another and that not just those who are paying are
protecting the landfill. Ms. Murison said these provisions provide incentives to start or to
increase recycling. Ms. Murison said the yard waste separation from trash is to insure
that yard waste does not fill up the landfill. The ordinance requires waste haulers report
their recycling rates generated in Aspen. The ordinance contains a sunset provision to
allow Council to reevaluate the program in 3 years. Ms. Murison said there will be
natural phasing of this ordinance as businesses will only be affected by the ordinance
when their contract expires.
Regular Meeting Aspen City Council September 26, 2005
Ms. Murison told Council the main concern from businesses is the cost and that the
ordinance include an exemption for those that haul their own cardboard to the recycle
center. Ms. Murison said people who do not currently recycle have an opportunity to
save money by recycling. People who have recycle programs with their current haulers
will probably see no cost increase. People who self-haul cardboard without that
exemption would see an increase. It is not the intent of this ordinance to have recycling
cost more but to encourage more recycling. Without the self-hauling of cardboard
exemption, the cost would be unreasonable. The container size and the space constraints
in the alleys and the cost of pick up would make cardboard recycling unwieldy.
Ms. Murison said it is easy to demonstrate who is self-hauling cardboard based on
looking in dumpsters. The waste haulers would receive a form from the city showing that
a customer has an exemption from recycling cardboard and the customer could negotiate
a recycling price without cardboard. Ms. Murison noted another provision is that the
city reports annually on the recycling rates and other measures of success. Ms. Murison
told Council CCLC recommends single stream recycling and postponing this ordinance
until single stream becomes available. Single stream is to put all recyclables in one
container; yard waste would be in a separate container as would garbage. Ms. Murison
said the county feels single stream recycling is not feasible; Roaring Fork Valley does not
have the volume to support that system. It would cost $5 million to retrofit the facility at
the landfill to single stream recycling.
Ms. Murison said mandatory recycling would require that anyone who put recyclables in
the trash could be fined, which staff feels would be burdensome. This ordinance has
phasing in it based on the existing contracts. Ms. Murison told Council staff surveyed
other communities on cost of recycling. This research showed there was both increased
cost and money saved depending on the businesses current use of recycling. Ms.
Murison noted staff spent a year researching ways to increase recycling. Staff surveyed
over 100 local businesses, looked at national studies, did alley surveys, and did a cost
analysis. Ms. Murison noted Aspen is in the forefront with affordable housing, adopting
the canary initiative and the parks and open space program. Recycling should be the
same. Aspen prides itself on environmental leadership; however, Aspen's recycling rate
is below the national average.
Mayor Klanderud asked if self-hauling exemption is for both commercial and residential.
Ms. Murison said it is for commemial only because residential requires co-mingled and
newspaper recycling only. It would be too difficult to enforce self-hauling in the
residential neighborhoods. Ms. Murison told Council staff picked cardboard because it is
easy to demonstrate that businesses are continuing to self-hanl and also cardboard is a big
ticket recycle commodity. Ms. Murison said for yard waste, people can use a mulching
mower or a backyard composter. Ms. Murison said the estimate for current recycling
only uses the figures from Rio Grande not what is being picked up by waste haulers.
Councilman Torre asked if one could get an exemption for contracting with a cardboard
hauler. This would require a business to have 2 contracts. John Worcester, city attorney,
said the ordinance requires self-haulers to take their cardboard to the landfill recovery
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Regular Meeting
Aspen City Council
September 26~ 2005
facility and does not make any reference to a third party. The ordinance could be
amended to include other service of recycle hauling.
Mayor Klanderud opened the public heating.
Brad Manosevitz stated he is in favor of this recycling ordinance; extending the life of the
landfill is vital to the health of the community. Hotels and restaurants offer an
opportunity to capture reclaimables. This is the direction in which progressive
community are going. Manosevitz said Aspen should not be the last community to enact
something like this.
Kimberly Virgiven, counsel for Waste Management, said as drafted this ordinance is in
conflict with state statutes, C.R.S. 30-15-404(4) and (5), which statutes prohibit a
governing body from granting an exclusive territory or regulating rates for the collection
and transportation of trash, water, rubbish or garbage. Ms. Virgiven stated this ordinance
is a rate design, which the Colorado Supreme Court has held is a regulation of rates. This
ordinance also intrudes into the management of waste haulers. Ms. Virgiven stated
Waste Management is one of the largest recyclers in the country and offers recycling
service for a very nominal fee.
Ms. Virgiven said this ordinance gives preferential treatment by requiting the residential
citizens to abide by a 32 gallon can limit and there is no limitation on the commercial
customer. This is putting the burden on the residential customer by charging greater
amounts. Recycling has to be a personal choice. Ms. Virgiven said this ordinance
requires a termination of contracts, which causes interference with existing contracts.
Ms. Virgiven said this shifts the burden of recycling from the citizen to the haulers, who
have to do the report and supply the containers.
Sal Martinez, Waste Management, said this ordinance seems like a burden put on the
haulers, to make it mandatory to start collecting recyclables but not be able to charge for
that service. If Aspen wants to be a leader in recycling, it should be mandatory. Toni
Kronberg stated this ordinance will defeat some of the city's goals, like cleaning up Rio
Grande park recycling center which could be done if every business had pick up at their
back door. Ms. Kronberg questioned the exemption for cardboard. When there is an
exemption for self-haulers, there will be more traffic to the Rio Grande and through the
alleys.
Shae Singer said she likes the changes, especially the exemption for self-hauling of
cardboard. This exemption could be extended to other recycling items. Ms. Singer
requested Council not adopt this ordinance but look at more self-hauling and single
stream. Christina Crandall, manager of the Patio building, thanked staff for the
heightened education; it has been helpful to understand what has gone into developing
this ordinance. Ms. Crandall said the cardboard exemption will work well for businesses
in the Patio building. The city has been talking about this for a long time; it is critical to
A spen's future. Lacey Gaechter, environmental health department, noted shipping the
Regular Meeting
Aspen City Council
September 26, 2005
recyclables to Denver rather than Grand Junction would double the hauling distance and
the use of fuel.
Justin Barry, Sandy's Office Supply, said they not only take their cardboard to the recycle
center, they also offer to take back customers cardboard. This is a cost of doing business
and a cost of keeping the alleys clean. Chris Hoofnagel, solid waste manager for Pitkin
County, said the city and county have a very successful recycling program. Pitkin
County hauls 1 million pounds from the Rio Grande. Hoofuagel said a voluntary
program offers people a way to act out their philosophies. Hoofnagel said if this
ordinance is successful and all collection is in the alleys, the viability of the Rio Grande
recycle center would be threatened. Hoofuagel said this ordinance could be written in a
way that would have more influence in collecting recyclables and in landfill longevity.
Hoofnagel said the voluntary system has worked well in this area. Dave Sanders, Rocky
Mountain Disposal, said the way the ordinance is written puts all the onus on the haulers
and the ordinance will not make people change the way they do recycling.
Mayor Klanderud closed the public heating.
Councilwoman Richards stated she supports this ordinance. Aspen has had a successful
voluntary program and it could be a more successful mandatory program with a great
recycle center at the landfill. Aspen is a resort community, generating resort volumes of
trash and as much as that trash needs to be recycled as possible. This is responsible
tourism and is in keeping with the community values. Councilwoman Richards said
there is a lot of mixed trash in the alleys, mixed trash that is not being recycled. Aspen
should do better as a premier resort. Councilwoman Richards said recycling needs to be
made as convenient as possible. Councilwoman Richards said she can support the
exemption for cardboard self-haulers, especially for businesses with a high volume.
Councilwoman Richards said this should not be extended to other recyclables.
Councilwoman Richards stated there will be people who do not live in the city who will
continue to use the Rio Grande recycle center. This is a reasonable measure.
Councilman Torre moved to adopt Ordinance #26, Series of 2005, with the amendment to
the exemptions to include language to allow for not only self-hauling but also for
someone holding an outside contract for cardboard removal and recycling; seconded by
Councilwoman Richards.
Councilman DeVilbiss asked about the legal issues as raised by counsel. Worcester
stated he is aware of the arguments presented and has discussed these issues with other
city attorneys. Worcester said the ordinance as presented is legal and would be upheld in
court. Worcester told Council there is a case involving the PUC in a utility rate making
and the consensus of opinion, including the attorney general's office, is that this
ordinance is not rate setting but is a method of billing. Trash haulers are not regulated by
the PUC. Mayor Klanderud said she wants recycling to be mandatory for every special
event and also wants recycling containers available in city parks and on the mall.
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Reeular Meeting
Aspen City Council
September 26~ 2005
Roll call vote; Councilmembers Johnson, yes; Richards, yes; Torre, yes; DeVilbiss, yes;
Mayor Klandemd, yes. Motion carried.
Councilman Torre moved to continue Ordinances #37, 38 and 39, Series of 2005, to
October 11; seconded by Councilman Johnson. All in favor, motion carried.
ORDINANCE #4L SERIES OF 2005 - Stage Road Vacation
John Worcester, city attorney, reminded Council this was part of the pre-annexation
agreement. Womester described the Stage Road vacation location. The city agreed to
annex this portion of the road. Womester reminded Council during the pre-annexation
discussions, Cormie Harvey asked the city include language in the PUD agreement to
guarantee that the road would be maintained as it had in the past. Womester noted two
paragraphs were added to protect Ms. Harvey's and other neighbor's uses of that road.
The PUD required an access easement agreement be entered into with the Zoline family,
Bar/X PUD and the neighbors. Womester told Council these documents have been
prepared.
Mayor Klanderud opened the public hearing.
Connie Harvey, Stage Road, told Council she proved Stage Road is a public road and the
city and the applicant have acknowledged this. Ms. Harvey said her desire is that if this
road becomes private, they will enjoy the same rights as they do now and as people who
live along public roads. Ms. Harvey said she did not sign an agreement because the
agreement stated this was a private road. Mayor Klanderud noted the only item before
Council is an ordinance to vacate Stage Road, not any agreements between private
parties. Ms. Harvey said the ordinance refers to state statute Section 43-2-302 and asked
if the street is being vacated in accordance with that. Worcester said that is what the
ordinance states. Ms. Harvey said she was never told there would be a vacation of this
road, all people who live on the road are to be notified.
Worcester noted the language added to the amendment to the PUD states the road would
be vacated in accordance with that statute. The amendment also states an access
easement agreement would be entered into between Ms. Harvey and the Bar/X. The
Zolines may not develop their land until they comply with the PUD and enter into an
access agreement. The city's obligation is to vacate the road according to the PUD
agreement. Worcester said the public notice requirement for vacation is the ordinance
public notification. Worcester told Council Ms. Harvey has been party to working out
the easement agreement. Mayor Klanderud said Ms. Harvey's concerns are related to the
easement agreement, which is not part of this ordinance.
Herb Klein, representing the Zolines, said state law requires no public road shall be
vacated unless there is public access assured to people who previously enjoyed this
access. Klein said they can provide that access unilaterally and do not need separate
agreements. Klein said they negotiated an agreement with those homeowners to insure
these rights. Ms. Harvey read from the ordinance that "whereas the proposed vacation
Regular Meeting
Aspen City Council
September 26~ 2005
will not leave any land adjoining the same without a means of access over an established
public right-of-way connecting such lands to an established public street". Ms. Harvey
said if Stage road is vacated, this is no longer a public right-of-way. Toni Kronberg
asked why the city is vacating a public road for a private access. One of the tenets of the
AACP and affordable housing is that there should be no integration between the haves
and the have nots. The city has created a division between Burlingame employees and
the free market private road.
Mayor Klanderud closed the public heating.
Councilman DeVilbiss moved to adopt Ordinance #41, Series of 2005, on second
reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Johnson,
yes; Torre, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried.
RESOLUTION #77, SERIES OF 2005 - Wagar/Detweiler Annexation
Mayor Klanderud opened the public heating.
City Clerk Kathryn Koch reported the public notices are in order. City Engineer Nick
Adeh reported these are not divided into separate parcels and that the owners have
consented in writing to this annexation. Chris Bendon, community development
department, said the annexation of this property will not result in detachment of any area
from any school district. Adeh stated this will not extend the boundaries of the city more
than 3 miles. Bendon stated this annexation is consistent with the annexation element of
the AACP.
Mayor Klanderud closed the public heating.
Councilman DeVilbiss moved to adopt Resolution #77, Series of 2005; seconded by
Councilman Johnson.
Councilwoman Richards said the duplex lot has already been approved for two single
family homes and is already in the city. This small piece of land is being proposed to be
annexed into the city. John Worcester, city attorney, said this land will be annexed into
the city. The plan is to redevelop all the lots into one application. This approval is only
to determine whether the property is eligible for annexation. There will be an annexation
ordinance, a rezoning ordinance, and a landuse approval. Councilwoman Richards stated
these two lots were given a larger floor area allowance after the fire. Mayor Klanderud
said this should be raised during the annexation ordinance. Councilwoman Richards
requested the packet from the previous landuse action be included as part of the
annexation ordinance. Councilman Johnson supported that and requested the P&Z
minutes also be included.
All in favor, motion carried.
Regular Meeting
Aspen City Council
September 26~ 2005
ORDINANCE #42~ SERIES OF 2005 - Open Space Bonds
Paul Menter, finance director, said this is a $14.9 million new money issue for the
purchase and improvement of open space. Menter gave Council a revised copy of the
ordinance as well as the debt service levels and updated long range plans. Steve Jeffers,
b.ond company, pointed out these bonds are being tailored around the existing debt so the
mty will have level debt of $2.7 million over the next 20 years.
Mayor Klandemd opened the public heating.
Toni Kronberg asked if this has to be authorized by the voters. Councilwoman Richards
said these bonds were pre-authorized when the voters approved the ½ cent open space
sales tax in 2000. Ms. Kronberg asked if Cotmcil has made decisions on which open
space parcels will be purchased with these funds. Mayor Klanderud noted this is an
emergency ordinance so that the city can get to the market quickly. The open space
parcels have not been designated.
Mayor Klanderud closed the public heating.
Councilwoman Richards moved to adopt Ordinance #42, Series of 2005, on second
reading; seconded by Councilman Torre. Roll call vote; Councilmembers Richards, yes;
Torre, yes; DeVilbiss, yes; Johnson, yes; Mayor Klandemd, yes. Motion carded.
RESOLUTION #69~ SERIES OF 2005 - Lodge as Aspen Conceptual PUD
Councilman Johnson left the meeting due to a conflict of interest.
Councilman Torte moved to suspend the roles and to extend the meeting to 10:00 p.m.;
seconded by Councilwoman Richards. All in favor, motion carded.
James Lindt, community development department, stated this is a conceptual PUD
application, to construct a hotel and timeshare units. If the applicant receives approval,
they will need to apply for final PUD review, which requires both P&Z and Council
review. Council conducted a site visit earlier today. This site visit was noticed and 4
Council members were present. Council went into a Lift One unit to view the project
from there. Council requested information on the energy efficiency of the project, which
will be addressed by the applicant. Council requested information on the developability
of other parcels in the neighborhood. Lindt said exhibit B is a vicinity map describing
the current uses of the surrounding parcels, a chart with the maximum FARs for the
adjacent parcels, compared to what the lodge is proposed of 1.9:1 FAR. There is a map
showing the allowed setback for the parcels.
Council requested an updated lodge inventory, exhibit C includes the Stay Aspen
Snowmass historic pillow count numbers, the projects in the pipeline, the chart of lodge
rooms not in the SAS inventory, and lodges no longer in operation. Assuming 2
pillows/bedroom if all pipelines projected are constructed, this will be a total of 7800
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Regular Meeting
Aspen City Council
September 26, 2005
pillows still below 9959 in the peak year of 1994. Council also requested more details 'of
the town home approval. Lindt presented a site plan of 14 free market townhouses and
17 affordable units approved by Council. This project met the multi-family replacement
projects and met all the dimensional requirements allowed at the time.
John Sarpa, applicant, told Council they are working with Rocky Mountain Institute to
make the building more energy efficient. Sarpa reminded Council they have been
directed to look at making Aspen street safer. The applicants are looking at the use of
geothermal technology to find out if it is feasible. Sarpa said beside the on-site 12
affordable housing units, they have 1.6 acres at the Smuggler Racquet Club under
contract, on which they propose to house up to 70 people. There are 8 units, housing 24
people, at the ABC available to this project. This proposal is to house 90 to I00 people
and the applicants feel this project will generate 150 to 200 employees.
Mayor Klanderud opened the public heating.
Jerry Berhorst, Lift One, pointed out the numbers of units in the resolution do not agree,
one place notes 123 units and one place states 107. Lindt said 107 units represents the
number of short term units; it does not count the affordable housing or the 4 free market
units. Berhorst said he is distressed to hear that the traffic flow from Garmisch to Juan
will be restricted. The traffic should be diverted off Aspen street because the steepness of
the street.
Doug Allen, representing Lift One condominium, told Council a majority of the owners
have reached an accommodation with the developers on the siting of the project. They
are in support of the project; there are some issues that need to be worked out, like
delivery traffic. Allen pointed out Garmisch is a much shallower street than Aspen street.
The homeowners want to make sure the truck traffic comes up Gannisch street. Bill
Tomcich, Stay Aspen Snowmass, said the reduction in the number of lodge rooms has
had an impact on the number of tourists that can be handled in Aspen. Tomcich told
Council he believes in the public benefits of this project; the project will revitalize the top
of Aspen street. It will also add public meeting space.
Rick Jones, president ACRA, told Council the ACRA board had a presentation on this
project and the board voted to support this proposal in light of the economic sustainability
report done by ACRA and the Institute. More beds are critical to this community; this
project will provide hot beds. Jones told Council the Board is very concerned about the
townhouse proposal that has been approved for this location. Jones said affordable
housing is a big issue and this project has an affordable housing component. The ACRA
board supports more public meeting space. The ACRA board felt this was an appropriate
location for lodge development.
David Perry, Aspen Skiing Company, told Council they are in support of this project,
which was presented to the senior management of the Ski Company. Perry said the
project will enable building a new lift up the west side of Aspen Mountain. Reversing
the decline in short term hotels would be positive for the community. David Ellis,
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Regular MeetinR
Aspen City Council
September 26~ 2005
Timber Ridge condominium, told Council they support this project as presented
incorporating the changes outlined two letters dated August 8, 2005. Ellis said there
appears to be a difference in the setback for the affordable housing units. The pool level
has a 16' setback, which is what the Timber Ridge condominiums understood. Ellis said
they plan to work on further details. Ellis noted Timber Ridge residents would prefer to
see the traffic on Aspen street.
Ruth Kruger, P&Z member, stated she used to work in the hotel industry and watched
hotel rooms decrease. Ms. Kruger said it is good to see more hotel rooms being proposed
for the base of the mountain. It is also good to see the proposal to redevelop the ski lift.
Michael Mizen, 809 South Aspen Street, told Council they have been owners at Shadow
Mountain condominiums for 40 years and have watched the town grow. Mizen said he
has a problem with the proposed mass of the hotel. This proposal only has 12.5% open
space. Mizen said other issues with the proposal are the lift at lA and traffic in this area.
This is the last biggest piece of property and the approval on this space will answer
whether Aspen is going to turn urban or not.
Steve Kaufman, Shadow Mountain, stated he initially did not support the project;
however, after working with the applicant they are now in support and will cimulate a
letter among other owners. Peggy Selback Mizen, 809 South Aspen Street, said the
applicants have done a good job revising this plan. The residents in this area will miss
open space. This has been a quiet, unknown part of Aspen and this project will be a huge
change for the neighborhood. Ms. Mizen said the residents appreciate the work done to
revise this project.
Simon Penninger, Shadow Mountain, said residents here have enjoyed wonderful views
across the town. Changes have occurred in this project and the majority of owners do
not have a problem with this design. Penninger said what could be built on this property
would be a hotel built to code, flat roofs and 5' setback all around, a big box. Penninger
said what the city and community should get out of this project is an agreement with this
developer, potential developers and the ski company to make the top of Aspen street a co-
equal entrance to Aspen Mountain with the gondola.
Derrick Johnson, Juan street homeowners, told Council they have enjoyed being able to
.work with the developer and having their concerns listened to. Johnson noted Juan street
~s occupied 365 days/year. There are families in these units and safety is an issue.
Johnson said their yard area is on the developer's property and the developer has granted
a license to use that property. Johnson stated they are concerned about truck traffic on
Juan street and the homeowners would like to be able to work with the hotel operator on
the traffic plan. Johnson said they would like to keep Juan street small. Johnson
requested a sun study. Johnson said they are concerned about the construction
management and phasing.
Toni Kronberg agreed Aspen street is one of the most dangerous streets. The snow plows
create icy conditions. This proposal is for hot beds and vitality and Aspen's image and
the developers should make Aspen street the best it can be. IV]s. Kronberg said she
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Regular Meeting Aspen City Council September 26~ 2005
supports this project. Mary Barbee said them are two affordable projects in this area with
families and it is important to recognize there are permanent residents in this area. The
street are narrow and neither Juan nor Garmisch can accommodate excessive traffic.
Peter Greene stated he supports this project; Aspen needs beds and needs to be
competitive. Jerry Berhorst said the stop signs at Aspen and Durant changed to the way
they are now has been very effective for lessening the noise impact.
Larry Magus, Lift One condominiums, said he is concemed about the safety up and down
Aspen street. It will be a challenge to coordinate the traffic in this area and to create safe
cimulation. Lindt entered a letters into the record; one from Alex Biel concerned about
the size of the hotel; one from the owner of Incline Ski Shops supporting the project and
Don Gilbert opposed to the project.
Mayor Klandemd closed the public hearing.
Sarpa reiterated the developers agree for the need to dress up Aspen street. Sarpa said the
solution will have to balance environmental sensitivities with safety considerations.
Mayor Klandemd said she agrees on the need for a sun study. Mayor Klanderud said she
would like the snow plowing or lack thereof of Juan street looked into by city staff.
Mayor Klanderud noted she is concerned about the chimneys running across the top of
the building and creating another east/west wall. Mayor Klandemd stated she wants to
know more about the location of the affordable housing units on site. There has to be a
discussion about the truck traffic and where it goes and Aspen street.
Councilwoman Richards stated she supports a hotel, a restaurant and more activity in this
location. The applicant has done a good job of working with the neighbors. However,
this building is too big. It does not look like 3 buildings; it does not have a sense of
separation to break up the mass. Councilwoman Richards said she thought the
demolition/replacement housing was to be on site rather than on 3 different sites. The
proposed housing on this site is 12 lined up studios with only 1 window/unit. There are
no windows on the back. This proposal is a step back for affordable housing.
Councilwoman Richards stated traffic should not be pushed onto Juan street.
Councilwoman Richards said she is concerned about the overall impact of this project on
the open space that has been conserved on Shadow mountain, which land will be blocked
from view.
Councilwoman Richards said she feels the street issue should be a requirement, that there
be a master plan with the adjoining property owners of the other sites that may be
redeveloped. Councilwoman Richards said she has a hard time accepting that the new lift
is a public benefit from this developer rather than from the Ski Company.
Councilwoman Richards said this additional FAR will change the character of town and
it is too big.
Councilman Torre asked if this project is contributing to Dean street improvements and if
the project goes forward, he would like to know what the contribution would be.
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Regular Meeting Aspen City Council September 26~ 2005
Councilman Torre said conceptually he agrees this project is a benefit in many ways.
Councilman Torre said this project is better than the project approved for this site.
Councilman Torte stated the Aspen street issue has to be dealt with before any final
approval for a project in this area. Councilman Torre stated the height, bulk and mass are
issues; the building is more than he visualized outside the lodge core. Councilman Torre
said the middle section of this building should be stepped down and lowered.
Councilman Torre stated he supports this at conceptual level. Councilman DeVilbiss
stated the building is too large; the mass and height are too much.
Sunny Vaun, representing the applicant, went over the unit count for a total of 123 units,
which is 85 hotel rooms, 22 fractional ownership units, 4 free market units and 12 on site
affordable housing units. The total above grade square footage is 185,400 square feet for
an FAR of 1.9:1. There are 156 parking spaces. Vann pointed out most of the affordable
housing for hotels are meant for hotel employees; generally smaller units for seasonal
employees. This project will provide housing for about 100 people. Because of the
housing replacement program, the applicants have to put units back on site. If the project
houses 100 people, the on site housing represents about 16% of the total housing. There
are oversized 3 bedroom units at the Airport Business Center, which will house 24
people. The units at the Smuggler Racquet are proposed to be for sale, family units.
Councilwoman Richards said the city is moving away from small housing, even for hotel
employees. Councilwoman Richards suggested the applicants work with the Barbees to
see if the east section of the property could be developed in a better way. Councilwoman
Richards said the affordable housing appears as if it were an after thought. Mayor
Klanderud said this type of housing may be appropriate for some hotel employees;
however, she objects to the location.
Sarpa stated this is where a hotel belongs. Sarpa said it is difficult to keep moving all the
pieces around and still make the hotel work. Sarpa said who pays for what improvements
and how these are done is also a moving puzzle piece. Sarpa told Council the design
team will work on the height issue and see if there is anything that can be done.
Councilman Torte moved to continue Resolution #69, Series of 2005, to October 24;
seconded by Councilman DeVilbiss. All in favor, motion carried.
Councilman Torte moved to adjourn at 10 p.m.; seconded by Councilwoman Richards.
All in favor, motion carried.
ity C~er~..~
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