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HomeMy WebLinkAboutminutes.council.20070625 Ree:ular Meetine: Aspen City Council June 25. 2007 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 3 CONSENT CALENDAR ................................................................................................... 4 RESOLUTION #50, SERIES OF 2007 - Cinema Services Contract, Wheeler Opera House ........................................................................................................ ...... ... ... .............. 4 ORDINANCE #25, SERIES OF 2007 - Jerome Professional Building ............................6 ORDINANCE #28, SERIES OF 2007 - 508 East Cooper Avenue Subdivision ...............7 ORDINANCE #5, SERIES OF 2007 - Lodge At Aspen Mountain Subdivision .............. 8 I Ree:ular Meetine: Aspen City Council June 25. 2007 Mayor Ireland called the meeting to order at 5:00 p.m. with Councilmembers Skadron, Romero, DeVilbiss and Johnson present. CITIZEN COMMENTS I. Jim Ward requested Council look into roundabout at Cemetery Lane to replace the traffic lights, which seem to be an impediment in traffic movement. Ward said there is room at Cemetery Lane for a roundabout. 2. Herb Klein, representing the Woerndle subdivision, said previous Council authorized the construction of a trail through the back yards of his client's property. Klein said he is working with the Open Space board to come up with a design to mitigate the impacts. Klein requested Council reconsider the trail easement; there are many trees that will be taken out due to the trail construction; the trail will be very narrow and few citizens would be served by this trail. There will be severe impacts on privacy of his clients. Klein asked Council to add this to the agenda in the coming months to allow the applicants and the Open Space board to make a presentation to Council. Mayor Ireland requested Klein submit a letter so that staff can review and comment for a future work session or agenda topic. 3. Shae Singer, representing the CCLC, stated they look forward to working with Council and to getting direction on joint projects. Ms. Singer requested CCLC be allowed to research the possibilities of using the alley ways for parking of electric vehicles and mopeds. Ms. Singer said electric vehicles are zero emission vehicles. Mayor Ireland suggested Ms. Singer submit a written description so it can be assessed by the parking department. 4. Jennifer Carney, ACRA, told Council the conditions are too dry for fireworks and most likely they will be prohibited from Aspen Mountain. Ms. Carney said they have looked at alternatives and would like Council's permission to use the city's golf course. Mayor Ireland stated fireworks are an important part of the celebration and this should be addressed immediately. Steve Barwick, city manager, said staff can make the logistics work. Councilman Johnson said his concern is traffic. Debbie Braun, ACRA President, told Council they have met with the city's transportation department and RFT A to see what can be done to make this work. Mayor Ireland said enforcement along highway 82 is needed to keep people from parking there. Ms. Carney said the ACRA will hire additional security people to patrol the area. Councilman DeVilbiss suggested a special meeting tomorrow so that Council can get the costs and staffing details. Council agreed to meet at 4 p.m. June 26th. 5. John Olsen told Council they are getting involved in an alterative method of construction, an offsite 100% custom construction, modularized. Olsen said this is totally green approach to construction, federally certified, and causes much less truck traffic. Olsen said he would like to partner with the city to provide employee housing projects at less cost. Joe Krabacher said the company is based on building 80 to 90% of a residence in a factory rather than on site. Krabacher said they would like to be part of the city's 2 Ree:ular Meetine: Aspen City Council June 25, 2007 affordable housing building. Krabacher told Council they are building a factory in Fruita to construct the residences. Mayor Ireland suggested this proposal be submitted to the City Manager in writing. 6. James March told Council electric vehicles are not zero emissions; they use electricity which comes from coal-fired plants. 7. Jennifer Hall told Council her brother is retrofitting electric vehicles so that they use solar panels and then they will be zero emissions. 8. Toni Kronberg noted there is an EOTC meeting on the entrance to Aspen next month in Snowmass. Ms. Kronberg said she is working on getting a pedestrian bridge from Buttermilk across highway to the housing entrance. Ms. Kronberg told Council CDOT adjusted the 4 stoplights on highway 82 to see if that will help the traffic flow. Ms. Kronberg asked ifthere will be public comment taken at the July 3rd work session on the recycling center design. Mayor Ireland said any preliminary designs presented by staff will be subject to public comment. COUNCILMEMBER COMMENTS 1. Councilman DeVilbiss said Food & Wine was a well organized event and a good time. 2. Councilman Johnson complimented the police and fire department on their response to a fire in his building. 3. Councilman Skadron noted he attended a transportation conference and was impressed with the depth of Mayor Ireland's knowledge. 4. Councilman Romero announced the Aspen Historical Society is holding a community picnic July 1st at the Stallard house from I to 4 p.m. 5. Mayor Ireland said he participated in Ride the Rockies, which rode through Aspen last week. Mayor Ireland said the reaction of the riders to the use of the bike trail and to the community was very positive. The riders had a great time in Aspen. Mayor Ireland noted the people who staffed the ACRA information booth were very helpful. 6. Mayor Ireland noted Saturday July 30th the new addition to the Red Brick will be dedicated. 7. Mayor Ireland requested Council consider moving their regular meetings to Tuesday. This can be addressed at Council's retreat. 8. John Worcester, city attorney, requested an executive session at the end ofthe meeting. 3 Ree:ular Meetine: Aspen City Council June 25, 2007 9. Councilman Johnson said the opening for the Red Brick addition is at I p.m. on the 30th and will include a silent auction and unveiling of the sculpture garden. CONSENT CALENDAR Sy Coleman requested Resolution #50, Cinema Services contract be removed from the consent calendar. Councilman Johnson stated he, too, would like to discuss Resolution #50. Jennifer Hall requested Resolution #51, Sunny Views annexation be removed from the consent calendar. Ms. Hall told Council she represents adjacent property owners. The county is asking the parcel be annexed and subdivided so that it can be sold to a private developer for $2.5 million. Ms. Hall requested the latest possible hearing date so that her clients are able to obtain more information about the subdivision and the proposed plans for those lots. John Worcester, city attorney, said this resolution sets the public hearing date August 13th. There will also be an ordinance which requires another public hearing so there will be two more opportunities to comment. Councilman Johnson moved to approve Resolution #51, Series of 2007 - Sunny Views Annexation and Resolution #52, Series of2007 - Open Space Purchase - Last chance; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman Skadron brought up the June 11,2007, minutes regarding the vote on the Castle Creek trail; Councilman Skadron requested the minutes reflect his position. Councilman Skadron stated he supports the idea of building a trail up Castle Creek; he cannot support a motion without adequate project detail or discussion, which was not available at the time. Councilman Skadron stated he did not vote in the affirmative. Councilman Johnson moved to approve the June 11,2007, minutes as corrected; seconded by Councilman Romero. All in favor, Councilman DeVilbiss abstained. Motion carried. RESOLUTION #50, SERIES OF 2007 - Cinema Services Contract, Wheeler Opera House Councilman Johnson noted the memorandum contains a list of the differences between this agreement and the past agreements with the film society. Councilman Johnson stated these differences are significant and seem to be policy oriented changes. The first difference is that programming will be subject to review and approval by Wheeler management consistent with live and special event approval. Gram Slaton, Wheeler Opera House, told Council it is important that building management make sure it has approval of whatever comes onto its screens. Councilman Johnson asked if the city has that agreement with other users. Slaton said all bookings are subject to the approval of the executive director. Another difference is the Wheeler will have the right to work with other non-for-profit and for-profit entities on individual film bookings and series. Slaton that clarifies past practice. Another difference is the Wheeler Film Society will be expected to aggressively 4 Ree:ular Meetine: Aspeu City Council June 25, 2007 promote its bookings through all appropriate media sources. Slaton told Council the Wheeler Board feels the attendance to Wheeler films could be expanded ifthere were more promotion for the films. Another change states the Wheeler Film Society will work cooperatively and non-competitively with other Aspen area not-for-profits. Slaton told Council in researching the past history of the Wheeler and the Film Society, it was repeatedly stressed there should be no competition around the December Aspen Film Screenings. Councilman Johnson said another difference is the Film Society may not enter into any co-promotion or other third-party venture as regards film exhibition at the Wheeler. Slaton said that is the same policy for all groups. Slaton said working cooperatively means not going after the same bookings during the same time period, like competition with Aspen Film during December screenings. Councilman Johnson asked for background on the payback provision. Slaton said in 1990 when the film program began, the Film Society needed seed money, which was to be paid back. Slaton said this increased from $2500 to $5000. The Wheeler does not enter into loan agreements with other presenters. Councilman Johnson said this requires financial reporting and has there not been any. Slaton said the financial reporting has been left up to the Film Society. Coleman asked if there is a procedure by which the Wheeler management will "vet" films and will this be a public procedure. Coleman noted it was reported in the media that this was triggered by a controversial film and asked what the history was. Slaton said the agreement is that the Film Society will supply the Wheeler with a list of titles so the management can make sure there are no red flags or controversial films that management might look at more closely. Slaton said this is good use of public property, not censorship, and allows what is appropriate for a city facility to allow on stage. Slaton said there is some concern that the Film Society shows movies that are already available on DVD. Councilman Skadron asked how the review process worked in the past, and how it will work in the future. Slaton said there was no review process in the past. Slaton said he has asked to get a list of titles the film Society is considering. Mayor Ireland noted there is nothing in the contract to disallow the Film Society from appealing to City Council. Randy Ready, assistant city manager, told Council this contract has been renewed annually since 2001. The Board, in order to be fiscally responsible, wanted the contract be advertised, bid and reviewed. Ready noted the Wheeler is not an efficient venue for movies and this program does operate at a subsidy. Councilman Johnson asked if Aspen Film will also submit to the Wheeler Board a list of proposed movies for their filmfest program. Laura Thielen, Aspen Film, said they do not. Aspen Film puts on a program they feel will be strongly received by the community. Councilman Johnson stated he cannot support this contract as written or any effort by the city to tell people what can be put on at the Wheeler. Mayor Ireland noted this is an annual contract and if Council thinks the film society has shown something objectionable, Council has the ability to not renew the contract. Mayor Ireland agreed there should be non-competition with Aspen Film's showing. Coleman stated he feels 5 Ree:ular Meetine: Aspen City Council Juue 25, 2007 freedom of expression is at stake in this as well as Aspen's image. Mayor Ireland supports the non-competition with the academy screenings and the Film Society has signed off on that business decision. Mayor Ireland said he is willing to direct staff to redraft the contract so that it will not limit what is shown by virtue of content. Wheeler Board can review a conflict because Busch has agreed on that. Councilman DeVilbiss agreed he cannot support the city taking a position that is at odds with the position taken regarding what other groups are allowed to show at the Wheeler. Mayor Ireland moved to continue the Film society contract and to direct staff to redraft it to delete the film review clause; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman Skadron recused himself because he voted on the next two items at P&Z. ORDINANCE #25. SERIES OF 2007 - Jerome Professional Building Councilman DeVilbiss moved to read Ordinance #25, Series of2007; seconded by Mayor Ireland. All in favor, motion carried. ORDINANCE NO. 25 (SERIES OF 2007) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION REVIEW AND VESTED PROPERTY RIGHTS FOR THE JEROME PROFESSIONAL BUILDING REDEVELOPMENT AND SUBDIVISION LOCATED AT 201 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Chris Bendon, community development department, told Council in the way past staff would give a full presentation and the applicant would give a full presentation at first reading, with public input. The issue with that was that stage was not yet public hearing and a public hearing with substantive comments were being held without public notice. Staff and Council changed procedure to have first reading with a few questions and no presentation or public input. Bendon said staff will give a brief presentation. The applicant will be present, Council may ask questions. Bendon told Council the Jerome Professional Building is redevelopment of a building at 201 North Mill street, zoned MU, mixed use, currently developed as an office building with surface and tuck under parking. The redevelopment proposal is subgrade parking, commercial office, 3 affordable housing units and 6 free market residential units. This project has received some approvals, including growth management approval for the expansion ofthe commercial square footage, the free market units and the affordable housing units. The project has also received commercial design review approval. Subdivision review approval for the multi-family residential units and extension of vested rights to 5 years are Council review and approval. 6 Ree:ular Meetine: Aspeu City Council June 25. 2007 Councilman Romero asked for P&Z criteria in granting the special reviews before them. Councilman Romero noted the request for extension of vested rights and are there criteria in the code for granting an extension to 5 years. Councilman Romero asked for a list of tenants and the existing lease terms. Bendon noted there are criteria for extending vested rights but no specific criteria for granting 5 rather than 3 years of vested rights. Councilman DeVilbiss moved to adopt #25, Series of2007, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Johnson, yes; Romero, yes; DeVilbiss, yes, Mayor Ireland, yes. Motion carried. ORDINANCE #28, SERIES OF 2007 - 508 East Cooper Avenue Subdivision Councilman DeVilbiss moved to read ordinance #28, Series of2007; seconded by Councilman Romero. All in favor, motion carried.. ORDINANCE NO. 28 (SERIES OF 2007) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, A SUBDIVISION AND CONDOMINIUMIZATION FOR 508 E. COOPER AVENUE, PORTIONS OF LOTS L, M, N, BLOCK 95, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-24-007 Jessica Garrow, community development department, told Council this is an application for redevelopment of the Cooper Street Pier building located in the CC, commercial core zone district. This is a subdivision review because of the residential dwelling unit in a mixed use building. This building will contain I free market residential unit and 3827 square feet of net leasable square feet. The currently building has I free market residence and 4373 square feet of commercial space. HPC reviewed this and approved demolition of the existing building and the proposed design. P&Z granted 3 growth management reviews; new commercial space, the free market residential units and approval cash-in- lieu for 12.6 square feet. P&Z also granted special review for the trash service area. Mayor Ireland questioned the calculation of 12.6 square feet of net livable space for affordable housing. Ms. Garrow said this is based on the mitigation requirements in the code, which is the amount of the new net livable space of the free market unit times 30% for mitigation which equaled 12.6 square feet. Councilman Johnson asked about the access to the parking garage. Ms. Garrow said the adjacent building has a parking garage and they are requesting access to that garage for this project, which currently has no parking. Councilman DeVilbiss moved to adopt Ordinance #28, Series of2007, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers DeVilbiss, yes; Johnson, yes; Romero, yes; Mayor Ireland, yes. Motion carried. 7 Ree:ular Meetine: Aspen City Council June 25, 2007 ORDINANCE #5. SERIES OF 2007 - Lodge At Aspen Mountain Subdivision Councilman Romero stated his firm serves as project manager for the applicant in a different development and he has a conflict of interest. Councilman Skadron said he has seen this application at P&Z. Councilman Johnson stated he lives within 300 feet of the project. John Worcester, city attorney, noted the city's charter requires ordinances be adopted by 3 Councilmembers; a quorum is 3 Councilmembers. Worcester said there is the rule of necessity which states if a body is unable to obtain a quorum or unable to make a decision, all members who would otherwise recuse themselves would come back and participate as if they did not have a conflict. Worcester said the state statutes allows a member's participation if necessary to obtain a quorum or to act. Worcester pointed out Council is the only body who can decide this issue. Worcester noted his research did not find that members are seated by greater or lesser conflicts. Mayor Ireland asked ifthere is an objection from the applicant. John Sarpa, representing the applicants, stated there is no objection to invoking the rule of necessity. Joyce Allgaier, community development department, showed the location of the proposed lodge, the location of the swimming pool; the neighborhood context with surrounding uses. Ms. Allgaier said the adjacent property owners have been very involved in this project from the beginning. This is a final planned unit development, including approval of time share units, subdivision and growth management review for multi-year allotments and for affordable housing units outside the city limits. This property is zoned L TR and is being reviewed under a previous iteration ofthe land use code. Ms. Allgaier told Council this project is proposed at 121 units; 80 hotel units, 21 fractional units, 4 free market and 16 affordable housing units totaling 175,000 square feet. There is restaurant, ballroom, meeting rooms and back of house space. There are 264 subgrade parking spaces proposed; the code requires 121 parking spaces. The applicants have proposed 28 affordable housing units at Smuggler and 17 units at the Airport Business Center. The height at the maximum ridge line is 55', at a peak not an average. The proposed improvements are to widen Juan street by dedicating additional rights-of- way. There will be landscaping, sidewalks along South Aspen street. The applicants propose to snowmelt and reconstruct South Aspen street. Currently South Aspen street is lacking in functionality. The applicants propose a list of community benefits, exhibit G in the packet. The applicants have also proposed to deed restrict the hotel rooms as hotel rooms for 35 years. Ms. Allgaier handed out two more exhibits, J, which is the exceptional project review criteria to evaluate whether a project is exceptional, and K which is the applicant's letter proposing deed restrictions on lodge rooms. Ms. Allgaier reminded Council there is an approval for 14 free market town homes and 17 affordable units on this property which has vested rights until July 2008. The layout of this project is in Council's packet materials. The applicants have indicated they would prefer the lodge but have submitted building plans for the town house project. Conceptual approval for this project was 8 Ree:ular Meetine: Aspen Citv Council June 25, 2007 granted in November 2005. Conceptual approval outlined 3 areas in which Council requested changes; one was to scale back the massing to be more in keeping with the site and streetscape. Ms. Allgaier pointed out areas where the building has been pulled back off the street. The restaurant has been relocated from the top of the project to the north end closer to town. The 2nd area was to enhance and improve the setting of the structures along South Aspen street. Council requested the applicants use the building to frame the view better, which the applicants achieved by changes to the roof height. Ms. Allgaier told Council staff finds the changes in the height and in the architecture are significant changes and make the building fit in better with the neighborhood. The porte cochere has been lowered to one story, the bridge between two buildings has been lowered. Staff finds the development addresses the issues from conceptual approval. P&Z approved the residential reconstruction credits to tourist/accommodation which allows for redevelopment on this site. P&Z approved the expansion for new commercial, the restaurant, the affordable housing units on site and has recommended Council approve a multi-year allotment for an exceptional project. Staff recommends in favor of this project. The AACP goals and objectives encourage additional lodge rooms in the city and acknowledge the loss in lodge rooms and the functionability ofthe resort town. Ms. Allgaier stated the use is compatible with the area, there are a number of lodges along the Dean street corridor, at the base of the mountain. The location is within walking distance of the commercial core and of skiing. The project is exceptional in sustainability with its energy efficiency. There are numerous public infrastructure improvements. Chris Bendon, community development department, reminded Council this project has been through several reviews. The conceptual approval was difficult. Staff did not favor the townhouse proposal in this location. During the initial review, both P&Z and Council took their cuts at the proj ect. Bendon said staff supports this proposal; the town needs the bed base, which should be at the base of the mountain. Bendon said the applicants propose a significant construction management plan. The proposals have mitigated the heights and massing of the project and have used the PUD to relieve some effects of the massing and height. Bendon noted this project enjoys a high neighborhood support. Mayor Ireland asked if staff supported the original proposal, prior to the reduction of mass. Ms. Allgaier said staff supported the proposal with conditions about the massing and requesting more sensitivity to the neighborhood. Councilman DeVilbiss requested the original staff report. Mayor Ireland asked the average size of the lodge rooms. Ms. Allgaier said they are about 527 square feet; the fractional units range from 2100 to 3400 square feet and the free market units are 3800 to 4400 square feet. Councilman Skadron asked the square footage of the Little Nell or St. Regis and their average size rooms. John Sarpa, representing the applicants, noted this is the first new hotel application in 20 years. Sarpa said the existing approval for this property is 84,000 square foot of town houses. The applicants asked questions ofHVS. One issue is if a hotel is located at the base of the ski mountain, it will probably be a luxury hotel based on land costs. HVS 9 Ree:ular Meetine: Aspen Citv Council June 25, 2007 states for a luxury-type hotel, rooms of 600 square feet are the norm. HVS points out for hotel development in resorts around the country, they are either subsidized by the local community or communities allow a percentage of the building to be residential to help offset the risks of the hotel. The range ofresidential development is 25 to 35% of the total project size. Sarpa listed comparisons used by HVS for hotels in other resort areas, the number of hotel rooms and the percentage of residential. The challenge for the applicants is to balance community character while being attractive to a tourism base and to have a project that works. There is 3700 square feet of meeting space in the building, which is space that can be used by the community. Sarpa noted the project proposes to house 108 people; the requirement is to house 94.5 people. Sarpa said 67% of the space is the hotel and 33% is residential; if the fractional space is counted as lodge units, the percentage of lodge is higher. Sarpa told Council there have been many changes throughout this review, and even changes since the last Council meeting. Sarpa reiterated 60% of the height of the proposed hotel is below 42'. Bill Poss, architect, told Council the St. Regis is 65', the Jerome is 49' at Mill and Main and 54' at Mill and Bleeker. The Grant Hyatt is 45' along Dean street; the Little Nell is 45'. The proposed hotel is lower in context than other hotels. Poss noted the design is broken up into 4 different architectural versions of the same style by use of materials, roof pitches, etc. Poss pointed out one of the constraints was designing around the Timberridge and that there is a height restriction from the Barbee residence. Sarpa reiterated they worked very hard with the neighboring properties and have letters from all the homeowners' associations indicating support. Sarpa told Council during review, Council requested the fractional fee residences be reduced, which was done and parking was added. In the parking count, 30 spaces have to be allocated to the Ski Company for 30 years; Lift One gets 30 parking spaces which was part of an arrangement with the homeowners; replacement of the on-street parking on South Aspen street. The proposal adds on parking to Juan and Garrnisch streets at the request ofthe property owners. Sarpa told Council the proposal started with 8 affordable housing units on site; Council indicated they would like to see more housing on site so the applicants propose 16 units on site. The proposal at Smuggler is for 28 units to house 60 people and at the ABC, 27 units are proposed. This is a higher percentage of affordable housing than is required by code and than was required at conceptual. Sarpa said the conceptual approval states the applicants will house 60% ofthe work force in Aspen; the proposal is at 75% in Aspen. Sarpa said the applicants have worked hard on construction management and have presented a large written plan to staff. The construction work force will be required to park at Brush Creek; mass transportation to site will be provided. The applicants will meet and exceed the city's newly adopted CMP. Jeff Hanson, Swinerton Builders, told Council there were some concerns from adjacent property owners on the noise abatement plan and the applicants have revised the noise abatement plan to show where the sound masking mitigation has been moved. Hansen passed out graphs illustrating the truck 10 Ree:ular Meetine: Aspen City Council June 25. 2007 traffic and the soil that will be excavated from the site comparing the town home proj ect with the proposed hotel project. There will be 30% more excavation for the hotel;. The town home project has a sizable parking requirement which increases the excavation activities. Swinerton noted for this analysis, they used a blended average of 12 cubic yard of dirt per truck and a maximum of 60 truckloads/day. They plan on doing this during the shoulder seasons. No trucking will be done on weekends or holidays. Swinerton told Council they have the ability to stage trucks on site, not idling on city streets, and due to this the trucks will be countercyclical to commuter traffic. The trucks will take an hour; there will be 45 truck trips/day. Mayor Ireland asked if staff has reviewed the calculations. Ms. Allgaier said these figures need to be reviewed by the city engineer. Councilman Johnson asked if the applicants will abide by the construction mitigation plan for the town homes, if the hotel is not approved. Sarpa said that will be an issue. Councilman Johnson asked where the dirt will go. Swinerton said that is not yet determined. Sarpa said the energy conservation plan started with figuring out what to do with South Aspen street. Dave Houghton, Resource Engineering, told Council his company focuses on energy efficiency. Houghton said he participated in the design charette for this project and one issue is to design an efficient building which will be done with ground source heat pump; second compare the actual energy use of the hotel to its peers. Houghton said he has already collected data showing energy use in high end hotels in Aspen and they propose to cut 30% for this project. The third idea is to have a "true up" mechanism, add up the energy bills, calculate the square footage. If the project does not meet the energy goals, there will be an offset mechanism to reduce the impact. Houghton said the ground source heat pump will pump heat from one place to another on site. There will be pump to pump heat from the building into the ground and pump heat out of the ground into the building. There will be 200 holes, 250' deep under the building, hooked up by pipes, a closed loop, no water exchanged. That is the heat source of the hotel; this is an efficient heating and cooling system. There will be no above ground heat rejection. There are some boilers because of the mismatch between snowmelt loads and total heating of the buildings. Houghton told Council for the offset program if they do not meet their goals, they will offset locally with a specific project, buy local offsets, buy national offsets. Sarpa said the applications propose a deed restriction for hotel rooms for 35 years. Sarpa told Council if these are hotel rooms; there will be $2 million sales tax revenue; $561,000 city taxes; $821,000 county; $680,000 state and lodging taxes. Mayor Ireland asked how the 35 years was arrived at. Sarpa said this was a recommendation of their attorney, to have a time specific period. Sarpa told Council in their analysis, they used how long the building could be reasonably be expected to be there without changes. John Worcester, city attorney, reminded Council the applicants have volunteered this deed restriction, which may prevent a future owner from challenging it. Art Daily, representing the applicants, agreed the purpose is to make this enforceable and to have the deed restriction survive. Mayor Ireland said 35 years seems to be too short.\ Councilman Romero asked for more details on a metro district. Sarpa told Council the applicants intend to form a special metro district to help with the parts of infrastructure II Ree:ular Meetine: Aspen City Council June 25. 2007 improvements that are public. Councilman Romero asked if there is somewhere that indicates the typical average ratio in luxury rental square footages and the back of house/meeting rooms square footage. Sarpa said he will bring back that information. Councilman DeVilbiss moved to suspend the rules and extend the meeting to 10 p.m; seconded by Councilman Romero. All in favor, motion carried. Sarpa reiterated the applicants have come up with some creative community benefits, like the $l/night tax paid for by the guest and which will be donated to non-profit organizations; paid time off for the employees to volunteer; vocational training for high school students. Sarpa stated the project has large neighborhood support, new standards in construction management, energy conservation, real hotel rooms with a deed restriction, affordable housing units in excess of the code requirements. Sarpa requested support for this project over the town homes for the benefit of the community. Councilman Skadron asked the square footage for the town home project. Sarpa said it totaled 84,000 square feet. Councilman Skadron asked from where the employees are generated, like doormen, maids, etc. Sunny Vann, representing the applicant, said the city came up with standardized employee generation factors and for hotel rooms, it is .5 employee/key. Councilman Skadron noted everything about this project embodies progressive thinking; however, the project generates an enormous number of employees. Councilman Skadron asked if it would be possible to reduce the number of employees. Sarpa told Council with 94.5 employees, they are meeting the code requirements. Sarpa said practically, they will not have more people than is necessary. Councilman Skadron asked if a hotel operator will buy into the applicant's philosophy. Sarpa said all the representations to Council will be documented in any management or operating agreement. Councilman Skadron asked why four 4,000 square foot free market units is more appealing to the community than eight 2,000 square foot units. Sarpa told Council they kept the residential component as small as possible while still keeping the 80 hotel rooms viable. Vann noted the 4 units are being built with reconstruction credits and are being mitigated pursuant to the residential multi family program and do not trigger additional affordable housing over and above the replacement housing for the Mine Dumps. If more units were created, regardless of their size, this triggers a growth management allocation and another review process. Mayor Ireland opened the public hearing. James March noted the truck trip schedule shows more truck trips during the off season. March said there may be fewer impacts on business and tourists; however, the off season should provide year-round residents rest from the craziness of the season. John Keleher said he feels the hotel is a far better impact on the community than town homes; the hotel has community amenities. Lisa Adams, Stay Aspen Snowmass, told Council they support the Lodge at Aspen Mountain as the bed base in Aspen has been shrinking. Access to the mountain is important and meeting space is a bonus. Mayor Ireland asked about condominiums; are these shrinking also, are condominiums being rented more as 12 Ree:u1ar Meetine: Aspen City Council June 25. 2007 short term units or less. Ms. Adams said the loss of 1000 pillows includes condominium units. Jim Hancock, Aspen Skiing Company, told Council the world cup and international ski events are one ofthe oldest traditions in Aspen and something to help Aspen maintain its identity as a ski town. Hancock said housing the racers, coaches, media and service people has becoming increasingly difficult. More hotel rooms in the community would be a benefit in putting on these type of special events. More meeting room space would be beneficial, as would a high speed lift. Mike Seguin noted that units at North of Nell and Aspen Square are being used more by their owners and rental space is being lost. Seguin said this project will create an entrance that will be more inviting to people and will get people to the west side of the mountain. Guy Noble, Timberridge, told Council this construction will impact her greatly; however, she would like to see something built that is good for the community. Ms. Noble said she likes the relocation of the restaurant as closer to town. Ms. Noble said she would prefer the hotel project over town homes. Dave Ellis, president Timberridge, stated they endorse the hotel project. Ellis told Council the applicants have worked extensively with adjacent properties, working on massing, roof ridge lines, position of buildings. Ellis agreed they do not want to see the town homes built; the hotel project benefits the community. Tami Solonz, Timberridge, told Council she is the volunteer manager for Food & Wine, X Games and World Cup and the proposed meeting space will benefit town and a lot of the special events. Derrick Johnson, Juan street homeowners, stated the people at Juan street are able to have their home because of what this community is and they support this hotel project. Johnson said they have enjoyed working with the applicant and are comfortable with where they have gotten with this project. Gayle Morgan, Shadow Mountain homeowners, stated she supports the proposal before Council. Ms. Morgan stated they have been working on this project for several years. Ms. Morgan said they worked with the applicants who have addressed their concerns, have modified the building. They have an agreement in principle on the soil stability. Ms. Morgan said this should move ahead. Bob Grueter said this development is one of the best things that has happened to Aspen in years. Toni Kronberg stated she supports this project. Ms. Kronberg suggested the snowmelt be brought to all four corners at Durant. Steve Marcus noted it has been stated that Aspen lost 1000 hotel rooms. There are only two proposals before the city, which will not make up the deficit. Marcus stated it would be a tragedy to have 14 apartments rather than 80 hotel rooms. A letter from Debbie Braun, ACRA, was entered into the record outlining the need for meeting space. Dave Haughton read a letter from Auden Schendler, Aspen Ski Company, supporting the project and the commitment made to the enviromnent. Mayor Ireland closed the public comment. 13 Rel!:ular Meetinl!: Aspen City Council June 25, 2007 Councilman DeVilbiss asked if melting Aspen street will be done with gas-fired boilers. Haughton said it is a hybrid system with boilers and heat pumps operating side by side, depending on the weather. Haughton said one cannot use just use ground source heat pumps to melt Aspen street; one needs a larger combined capacity when the street needs to be melted at the same time the hotel needs its peak of energy. Councilman DeVilbiss asked if the applicants were not snow melting Aspen street, could they heat the hotel with ground source heat pumps. Haughton said one could do both but it would take more bore holes and more footprint. Councilman DeVilbiss said he needs to know how much boiler energy will be used to snow melt South Aspen street. Sarpa said they will calculate that and report back. Councilman Johnson said he has a list of questions he would like answered by the applicants. Why is it necessary to snowmelt Aspen street; why it is necessary to lose the parking on Aspen street; when will the public parking end if this gets approved. Councilman Johnson asked ifthe applicants will abide by the construction mitigation plan for the town houses if the hotel application is not approved. Councilman Johnson said he would like the overall square footage of the Little Nell, Grand Hyatt, St. Regis, and their average rooms size and how many units each contain. Councilman Johnson said he wants to know the relationship between square footage of a project and how many rooms it has. Councilman Johnson asked if the applicant will explain how the replacement affordable housing will happen and where the units will be located. Councilman Johnson said he wants to know where the dirt will go. Councilman Johnson said he cannot find a section that includes the underground excavation, a north/south section and an east/west section. Councilman Johnson said he would like to see a plan of the new lift and the changes of Aspen street. Councilman Johnson said he wants to know how many employees the project will generate. Councilman Johnson asked if housing 108 employees include the replacement housing for the Mine Dumps. Vann said it does. Councilman Johnson said the new guidelines require applicants provide a materials list. Councilman Johnson said projects in the past have started and have become a big hole in the ground and he stated he would like assurance that this project will be completed in a reasonable time frame. Councilman Johnson asked the applicant to respond to in what ways the community will subsidize this project. Councilman Romero moved to suspend the rules and extend the meeting to 10:30 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman Romero said there.is a cost benefit analysis between the goals and the benefits ofa resort town, of the community, of the guests and of the applicant. Councilman Romero noted there are many and far reaching community benefits. Councilman Romero said his issue is affordable housing. Councilman Romero stated the applicant's proposal exceeds the code requirement for affordable housing. Councilman Romero stated this is a PUD and it should balance the needs of the community and the needs of the development. Councilman Romero stated the FAR request is 1.87:1 when the underlying zone district allows I: I. Councilman Romero said although the 14 Rel!:ular Meetinl!: Aspen City Council June 25, 2007 requirement of affordable housing is in excess of code, it is not at the same ratio as that of the FAR and the density. Councilman Romero asked if the applicants would be willing to have an employee audit. Councilman Romero said two places he could see expanded for affordable housing units are the Smuggler site and on site. Councilman Romero said increased affordable units would take the project from good to great. Mayor Ireland asked ifthere would be a way, if the applicant builds excess affordable housing units, for another applicant to use those units as credits for their project. Sarpa said any affordable housing units will be tied to this project. Mayor Ireland said a large parking garage may create incentive for people to drive into town and the town does not have excess capacity at the entrance to Aspen. Mayor Ireland said the reduction of square footage since the original presentation is about 18%. Mayor Ireland asked ifthere is a break down of what has been reduced. Vann said they will give the Council what figures they can; there were reductions in the number of fractional units. Mayor Ireland said heating the street seems to be an excessive use of energy and a large enviromnental impact. Mayor Ireland said there a large number of construction jobs are generated by this project, which is also a burden on the available housing. Mayor Ireland agreed with the idea of putting more units on the Smuggler site. Mayor Ireland stated he is concerned about the bulk and mass of this structure and questioned whether a building of this size is needed. Mayor Ireland agreed there is a need for lodge rooms; however, he is skeptical about creating 1,000 square foot rooms as being "hot beds". Councilman DeVilbiss noted the packet states "no phasing of construction is anticipated at this time". Councilman DeVilbiss moved to continue Ordinance #5, Series of2007 to July 23; seconded by Councilman Skadron. All in favor, motion carried. Councilman Johnson moved to continue Ordinance #24, Series of2007, Dean Street Vacation and Resolution #53, Series of 2007, Conceptual Review of Smuggler Housing to July 9; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman DeVilbiss moved to continue to meeting to June 26 at 4 p.m.; seconded by Councilman Johnson. All in favor, motion carried. Council left the meeting at 10:30 p.m. Kathryn S. Koch, City Clerk 15