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HomeMy WebLinkAboutminutes.council.20070723 Rel!ular Meetinl! Aspen City Council Julv 23, 2007 - CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS.................................................................................. 6 CONSENT CALENDAR ...................................................................................................6 · Resolution #57, 2007 - Contract to Purchase Remaining Wilkinson Parcels ........ 7 · Resolution #58, 2007 - Contract Water Department Vehicle ................................ 7 · Resolution #50,2007 - Cinema Services Contract ................................................ 7 · Resolution #60,2007 - Burlingame Housing Subsidies ........................................ 7 · Minutes - July 9, 2007 ............................................................................................ 7 RESOLUTION #56, 2007 - Contract to Purchase 802 West Main ................................... 7 RESOLUTION #59,2007 - Contract Resurface Iselin Tennis Courts .............................. 7 ORDINANCE #31, SERIES OF 2007 - Open Space and Trails Board ............................ 7 ORDINANCE #5, SERIES OF 2007 - Lodge at Aspen Mountain.................................... 8 '"", , '- 1 Re!!nlar Meetin!! Aspen City Council Julv 23, 2007 - Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Skadron, Johnson, Romero and DeVilbiss present. CITIZEN COMMENTS I. Bill Wiener presented a proposed resolution for Council to consider adopting requiring flags fly at half mast as long as U.S. soldiers are being killed in Iraq. Wiener suggested Council amend the historic preservation ordinance so that if a structure burns, the owner may replace it to 110% of its original size. Wiener said in reviewing development proposals, Council should consider the overall carrying capacity ofthe community, electric, sewer, water and that the roads are already overburdened. 2. Si Coleman told Council Telluride and other community have adopted resolutions to be sent to Washington D.C. requesting impeachment proceedings be started against President Bush and Vice President Cheney. Coleman noted Aspen is a leader in many trends and Council should consider a resolution similar to Telluride's. Mayor Ireland requested Coleman submit sample resolutions and if Council wants to consider this, they will add it to an agenda or to a work session. 3. Denis Murray complimented the parks and trails department for the work on the trails. Murray requested Council consider paving the Rio Grande trail from Slaughter House to Woody Creek. Mayor Ireland noted that trail is in the county and the county Open Space and Trails board has funding for paving this portion of the trail. ~..,.,,, Murray told Council he is opposed to vacating Dean street for the Lodge at Aspen Mountain project. Murray said the city should not be giving up any right-of-way. Murray stated the Lodge at Aspen project is too large and should be broken into smaller proj ects. 4. W. R. Walton told Council he lives in a refurbished historic house in the commercial core. Walton said there used to be Victorian houses all around his house and now there are only 3 left. Walton said it is unconscionable what is happening in the city losing the sense of community. Walton said the review of potential historic structures is long overdue; it should have been enacted 30 years ago. Walton stated Aspen should not be a place where developers come to make their fortune. 5. Neil Siegel brought up Ordinance #30 and the issue of governance. Siegel stated an emergency by definition would require both a defined set of circumstances and a resulting state in the need for immediate action. Siegel agreed there is pressure on residential properties but the critical issue is what now necessitated the emergency state of affairs. Siegel said this action was based on supposition and potential fears. Council did not do its homework. To enact legislation and then backfill it with gut feeling as justification is improper. The power to enacting emergency legislation is that these be sparingly used and reserved for exceptional circumstances. Siegel suggested Ordinance #30 be rescinded and any legislation be revisited in a more open and objective way. '~ 2 Re!!ular Meetin!! Aspen City Council July 23, 2007 ,,~ 6. Bob Cook said he has a problem with Ordinance 30 and he does not think there was an emergency. Cook said this was a rush to judgment and the public was not given enough time to respond. Cook said the 30 year limit was arbitrary and subjective. The ordinance needs to be fair to everyone and perhaps it should apply to the entire city. 7. Jack Wilke stated he is opposed to Ordinance #30 and he does not understand the 30 year review nor does he understand the emergency nature of the ordinance. Wilke said it seems that the burden is on the homeowners to prove they should not be on the list. Wilke asked Council to think about adding institutional buildings to the list. Wilke noted none ofthe property owners were given official notice and only heard of this from neighbors. 8. Bruce Berger commended Council for passing an ordinance to protect buildings that are of historic value to the community. This action shows commitment to the continuity and to a sense of community. 9. Lindsay Smith requested a "Stop for Pedestrians" on Main street at Hunter. Ms. Smith said it is not up to the city to insure a lot of profit for developers. Ms. Smith said she would like to see the size of development in general shrunk. 10. Craig Ripley told Council he did the brick work and the windows on City Hall. City Hall has grace and is part of the community. Ripley said Aspen was founded on excitement and speculation. Things do need to change. There is a lot of character and magic in Aspen. ILLes Holst told Council he is in agreement with the proposed resolution on flying the flags at half mast and on impeachment. Holst commended Council for enacting Ordinance #30. Holst stated this is an emergency; the town is being lost faster than one can imagine. Lost buildings cannot be reclaimed or brought back. Holst said citizens do not understand the value of historic preservation to the community and to citizens. 12. Mike Maple stated Ordinance #30 is about community - about the destruction of community. Maple said the affordable housing program only takes care of a small portion ofthe community. Maple said many houses older than 30 years are not essential to the community character. Maple said he feels this ordinance will accelerate the demise ofthe community; a community is people, not buildings. Maple noted it has been said that historic designation does not denigrate the value of structures. If that is true, the city should buy houses, designate them and sell them on the free market. 13. Junee Kirk said Aspen has been under siege from construction and noise. The quality of life has been impacted for the last 5 years. The adoption of Ordinance #30 was necessary and definitely an emergency. Ms. Kirk said if the destruction carries on, there will be nothing left. Ms. Kirk said the core belief meeting indicated community members want to preserve Aspen's character. Ms. Kirk said she would like to see a respite from construction. 3 Re!!ular Meetin!! Aspen City Council July 23, 2007 - 14. Andrew Kole said last week the community development department had an informational meeting on Ordinance #30. Kole noted the meeting was contentious and perhaps some of Council should have attended. Kole said he does not feel Council always hears what the audience has to say. Kole said he would like to see Council rescind the ordinance and go through the proper legislative channels. 15. Maggie DeWolfe said she received a reverse 911 call this morning. Ms. DeWolfe said these calls should be more explanatory, like adding a description of the person being sought. Ms. DeWolfe said a reverse 91 I call letting people know the situation is over or cleared up would also be helpful. 16. Toni Kronberg thanked Council for approving free bus service between Brush Creek and Aspen. Ms. Kronberg announced a work session August 7th at the ARC to discuss outdoor swimming pools. Ms. Kronberg said she feels the adoption of Ordinance #30 was long overdue and it should be expanded. 17. Marilyn Marks said some citizens feel Ordinance #30 goes way too far. Ms. Marks said citizens cannot be supportive of the way this ordinance was adopted; the lack of input, the lack of expertise and the disingenuous use of the emergency powers when no emergency was demonstrated. Ms. Marks said most citizens have an opinion on good governance and in the interest of good governance, Council should rescind Ordinance #30 and have a public process for the historic preservation efforts in Aspen. '<',';'c Councilman Skadron said he agrees with historic preservation; however, the issue here is process. Councilman Skadron stated he does not believe Council should invoke an emergency ordinance unless it is absolutely necessary. Councilman Skadron said he voted in favor of Ordinance #30 on the suggestion that is passage was necessary to prevent a rash of demolition applications. Councilman Skadron said the city created the emergency. Councilman Skadron stated he believes in the content of what was adopted, that historic resources should be preserved; however, the process to get there was not appropriate. Councilman Skadron moved to reconsider Ordinance #30, Series of2007; seconded by Councilman Romero. Councilman Romero said the public feedback has been consistent both that the goal of the ordinance is well placed and that the process was not well received. The public process needs to allow the public to be educated, to become aware, and to have some input. Councilman Romero said he feels that everybody should have an opportunity of input and he supports reconsideration so that the public will have time to give public input. Councilman DeVilbiss asked how long the typical code amendment process takes. Chris Bendon, community development department, answered it is 4 to 8 months depending on whether Council would meet jointly with P&Z to consider code amendments. After the adoption of ordinances, there is a 30 day delay before the ordinance takes effect. ..,'.".... 4 Re!!ular Meetin!! Aspen City Council JulV 23. 2007 '.~""'" Councilman DeVilbiss stated he has given this issue a lot of consideration and he does not see the harm in enacting this legislation. Councilman DeVilbiss stated Council will work and adjust the ordinance. Councilman Johnson asked if any protections for the structures that might be considered for historic designation are proposed to be put in place. Councilman Romero asked what proposed structures or what proposed list of structures to be preserved is there. Councilman Romero said there has been a build up of definition of buildings that fit this era of structures. Councilman Romero noted applying for a demolition permit is a comprehensive effort that includes surveys and energy calculations all of which takes time. Councihnan Romero said rather than go through the regular code amendment process, Council could shorten that and get the community involved and get the ordinance refined. -- Councilman Johnson reported the city did research on the 30 years, and in Aspen structures get demolished between 30 and 40 years old. Councilman Johnson said institutions are covered by this ordinance. The Given Institute is exempt because it is owned by the state of Colorado. The Given is working with HPC to come up with an acceptable design for their addition. Councilman Johnson said the property values in Aspen are high because of the actions of previous governmental boards and preservation of houses, structures, and open space. Councilman Johnson pointed out the core beliefs meeting last summer surveyed a broad section of the community and the results were overwhelmingly in favor ofthe preservation of Aspen. Councilman Johnson stated an emergency exists and disagrees that Council circumvented the process. .....".... Mayor Ireland said the accelerated rate of demolition means there is significant danger if protection is delayed, potential historic properties will be lost. Mayor Ireland reiterated this ordinance does not designate any properties. Adopting this ordinance will allow Council to consider designation before a demolition permit is issued. Mayor Ireland said at the last consideration of this ordinance, Council asked the historic preservation officer whether or not she thought the situation warranted an emergency and the answer was yes. Mayor Ireland said there is no way to protect the potential significant properties during consideration of a code amendment. Mayor Ireland said property owners need to know as soon as possible the status oftheir property so they can contest it or accept it. Councilman Romero said staff has a list of 65 structures that are endangered or unprotected. Councilman Romero said the greater good may risk the actions of 10% of the population. Councilman DeVilbiss suggested directing community development department to start working on amendments, to bring these back to the first meting in August. Councilman DeVilbiss stated he will vote to leave the ordinance in place. Councilman DeVilbiss suggested an amendment that there be a method where an owner could file a request for determination as to whether or not one's property was historic rather than a request for demolition and that that determination ought to be valid for 10 years. Mayor Ireland said Council is a conscientious group and have listened and read e- mails. \",,~ Councilman Skadron and Councilman Romero in favor; Councilman Johnson, Councilman DeVilbiss and Mayor Ireland opposed. Motion NOT carried. 5 Re!!ular Meetin!! Aspen City Council July 23. 2007 '''''-~ Council agreed to ask staff for amendments to allow request for determination and a 10 year certificate. COUNCILMEMBER COMMENTS 1. Councilman Skadron reported he was just in Washington D.C. It is an amazing place that everyone should visit. 2. Councilman Romero thanked the parks and asset management staff for the tour of Burlingame and Bar/X. It was informative and the area looks great. 3. Mayor Ireland said he has a request from Dylan Hoffman who has volunteered to be on the CDPHE pollution prevention assistance committee and requested a letter of recommendation. Mayor Ireland asked for Council's support on that. Council agreed. 4. Mayor Ireland said he met with the Mayors of Parachute, Debeque, Glenwood Springs and Rifle and all are very concerned about affordable housing in their communities and the impacts from the oil shale industry. The Mayors agree that the severance tax of 1.8% is too small to be effective. The Mayors want their next meeting in Aspen to view what has been done with the affordable housing program. 5. Mayor Ireland urged all bicycle riders to wear helmets when they ride. 6. Councilman DeVilbiss reported he attended a RFT A board meeting. New buses were purchased and RFT A is looking at affordable housing in Carbondale. 7. Mayor Ireland asked about the notice for 500 West Carriage House minor development and Council has until August 11 th to call up the decision. 8. Mayor Ireland said the EOTC decided to spend $36,000 to make the bus service from Brush Creek to Aspen free for the rest of the summer. The EOTC requested RFTA document the impact on ridership. CONSENT CALENDAR Mayor Ireland noted the Wheeler film society contract was considered in June and has been amended to delete the provision requiring review ofthe selection of movies. Councilman Skadron requested Resolution #59, Contract to Resurface Iselin Tennis Courts be pulled. Councilman Romero requested Resolution #56, Contract to Purchase 802 West Main be pulled. Councilman Johnson moved to approve the consent calendar as amended; seconded by Councilman Romero. The consent calendar is: 6 Re!!ular Meetin!! Aspen City Council Julv 23, 2007 . Resolution #57, 2007 - Contract to Purchase Remaining Wilkinson Parcels - . Resolution #58, 2007 - Contract Water Department Vehicle . Resolution #50, 2007 - Cinema Services Contract . Resolution #60, 2007 - Burlingame Housing Subsidies . Minutes - July 9, 2007 All in favor, motion carried. RESOLUTION #56, 2007 - Contract to Purchase 802 West Main RESOLUTION #59. 2007 - Contract Resurface Iselin Tennis Courts Councilman Skadron asked ifthere are usage figure for the tennis courts. Tim Anderson, recreation director, said more people play to the courts at the golf course since they have been resurfaced. The courts at Iselin are used every day in the morning and evening. Councilman Romero asked why the school district pulled out of purchasing 802 West Main. Bentley Henderson, assistant city manager, told Council the school district realized their budget did not permit them to more forward on this deal. Henderson said this is an appropriate location for affordable housing. Henderson told Council preliminary design looks like the site could fit 9 to 10 units. Staff thinks the design should mimic the 7th and Main affordable housing project. Councilman Romero moved to approve Resolutions #56 and 59, Series of2007; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE #31. SERIES OF 2007 - Open Space and Trails Board Councilman DeVilbiss moved to read Ordinance #31, Series of 2007; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE #31 (Series of 2007 AN ORDINANCE OF THE CITY COUNCIL CREATING AN OPEN SPACE AND TRAILS BOARD, DESCRIBING THE COMPOSITION, TERM AND QUALIFICATIONS OF COMMISSION MEMBERS, AND THEIR POWERS AND DUTIES Councilman Skadron asked ifthe composition includes a member who is also on the county Open Space Board. Brian Flynn, parks department, said it does. This is to help facilitate joint open space purchases. '~;,.... 7 Rel!ular Meetinl! Aspen City Council July 23, 2007 -- Councilman DeVilbiss moved to adopt Ordinance #31, Series of2007, on first reading; seconded by Councilman Romero. Roll call vote; Counci1members Skadron, yes; DeVilbiss, yes; Johnson, yes; Romero, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #5, SERIES OF 2007 - Lodge at Aspen Mountain Joyce Allgaier, community development department, told Council there have been some amendments since the last presentation, including the length of the deed restriction on the hotel units and the amount of affordable housing and of parking. John Sarpa, representing the applicant, noted they have amended the deed restriction on the hotel units to remain hotel units from 35 to 99 years. Sarpa said the Council indicated they would like to see more affordable housing. The applicants have eliminated 9 parking spaces on the hotel site and added another 4 units or 5.5 employees, for a total of 20 units on site. There have been 14.25 employees, or a total of 74.25 employees added to the proposed affordable housing at Smuggler Racquet Club. Sarpa said this is more than the mitigation required. Art Daily, representing the applicant, addressed the metro district, the purpose of which would be to fund construction of public improvements, like snowmelting South Aspen street and sidewalks and the utilities. The district could be used to operate the snowmelt. The financing of a metro district is to issue tax exempt municipal bonds. Property tax on land within the district will be levied. Daily noted a metro district could also benefit a proposed project on the east side of Aspen street. Sunny Vann, representing the applicant, told Council the applicants propose a similar relocation of tenants on site as that outlined for the South Aspen residential project. Legal residents of the Mine Dump apartments at the time notice to move out was given and who quality under the housing guidelines will be given a first opportunity to purchase sale units at the Smuggler project or the Airport Business Center. The housing on site is rental for hotel employees. Vann noted after construction commences on either of the above affordable housing projects, the legal residents will be given legal notice of units available and upon notifying the developer within 30 days of interest and upon proper documentation, they would be eligible to purchase. Vann said any units not taken in this means will go to the housing authority's lottery. Stephen Holly, architect for the project, outlined the percentages ofthe floor area of the lodge project which are 9% parking; 15% back of house; 43% hotel; 26% fractional units and 7% free market units. Holly noted back of house includes security and administration. - Andy Wisnoski, architect, noted another issue was how this project will comply with the new commercial character guidelines and the materials used. Wisnoski told Council they will comply with the intent of the guidelines. Wisnoski pointed out regarding materials, the guidelines state they should convey the quality and range of materials seen historically, reduce the perceived scale ofthe building, enhance the visual interest of the 8 Re!!ular Meetin!! Aspen City Council July 23, 2007 "-' fa~ade, convey human scale and have proven durability within the climate. Wisnoski reminded Council the proposed architectural design is to break the building into varying architectural styles. This demonstrates that the materials and roof lines take on more of a residential-type design. Wisnoski presented a building section taken through the length of the site illustrating how the building fits into the site. Wisnoski presented a rendering if how this building has changed as it has gone through the process from P&Z and conceptual to the current proposal. The mass of the building has been reduced. The earliest maximum height was 75', reduced to 65' and is currently at 55' at its maximum point. Wisnoski noted approximately 60% of the building is below 42'. Wisnoski said the initial conceptual submittal in 2003 was for 204,500 square feet ofF AR. The current proposed FAR is 175,000 square feet. There have been program changes. The hotel room count was originally 76 and it is now 80 hotel rooms. The fractional units have gone from 29 units to 21 units. The number of free market units has not changed. The affordable housing units started at 12 units on site; the current proposal is 20 units on site for 26.5 FTEs. Wisnoski presented a site plan showing the proposed ski lift location in relation to the proposed hotel. Holly showed the pool deck, Juan street, the pool deck is 10' below the street and at the other end it is even with the street. Councilman Johnson noted Council is looking at a roof plan showing the pool deck at the Lodge. Lenny Zilts, Columbia Hospitality, told Council his company compared the proposed room sizes to comparable hotels in Aspen. Zilts passed out comparison figures; the average standard room at the Little Nell is 617; the average standard room at the St. Regis is 420 square feet; the average standard room at the Jerome is 548 square feet. The proposed average standard room at the Lodge at Aspen Mountain is 527 square feet. The average deluxe room at the Little Nell is 1,171 square feet; the average deluxe room at the St. Regis is 935 square feet; the average deluxe room at the Jerome is 811 square feet and the proposed average deluxe room at the Lodge at Aspen Mountain is 981 square feet. The Little Nell has 78 standard rooms and 14 deluxe rooms; the St. Regis has 155 standard rooms and 24 deluxe rooms; the Jerome has 78 standard rooms and 15 deluxe rooms. The Lodge at Aspen Mountain proposes to have 56 standard rooms and 24 deluxe rooms. Councilman Skadron said he needs a more compelling argument than market forces dictate hotel sizes and mix be a certain way. Sarpa said the applicants have done everything they can to get the Council information that the size of room proposed for the Lodge is as small as they are willing to propose. Sarpa noted Council has copies ofthe HVS study, a consultant hired by the city, on the issue of how big are current rooms; how big should the rooms sizes be for new hotels in Aspen. HVS has said rooms on the mountain should be in the 600 square foot range. HVS has said rooms of that size won't make money; the hotel either has to be subsidized or there is a residential component of 25 to 35% of the total size of the project to help offset the loss. The free market component at the Lodge at Aspen Mountain is 33% of the total size of the project. """,.;.~ 9 Rc!!ular Meetin!! Aspen City Council July 23. 2007 ...';0<''''- Councilman Skadron asked if employee generation is evaluated based on the size ofthe hotel rooms; do luxury suites generate more employees. Ms. Allgaier said the employee generation formula does not distinguish between the size of the rooms. .~ Sarpa said the applicants worked on how many employees the project will generate. Zilts told Council they used a figure of 72% occupancy as a stable number to work out a staffing guide. Zilts passed out a staff guide for the entire operation. Zilts told Council they used industry standards, industry standards are 2 to 2.5 employees/guest room in an upscale market. This proposal is below that industry standard to take into account efficiencies in the building design and automated systems. The actual number of employees generated by this project is 190 FTEs. Mayor Ireland pointed out the total number of affordable housing for this project is 127.75; the code requires the project provides for 94 employees. Councilman Johnson asked if an employee generation audit is included in the ordinance. Ms. Allgaier said there is not but a condition could be added. Vann reminded Council in addition to the affordable housing mitigation for the lodge and commercial, they also have a replacement requirement for the resident multi- family replacement program. Vann told Council the community development department did a survey of all properties in town, commercial and lodges, and arrived at an employee generation factor of .5/lodge key. The estimates using the city's formula is 210 employees and Zilts presented an employee count of 190. Vann said the land use code has a mitigation requirement of 60% so the number of employees housed would be less than the actual generation. The applicants are proposing to exceed the 60% requirement. Councilman Johnson stated these figures do not include the replacement housing. Councilman Skadron asked what the community is hearing in demand for rooms and more particularly this type of room. Bill Tomscich, Stay Aspen Snowmass, said one can equate the supply and demand of hotel rooms in Aspen to that of airlines flying in and out of Aspen. Tomscich said a lot of rental properties, mainly the small lodge sector, have disappeared over the years in Aspen and an unaccommodated demand for lodge rooms exists in Aspen. Tomscich agreed everyone would like to see more affordable hotel rooms. Mayor Ireland asked ifthere is data on the peak occupancy for the various categories ofIodge rooms. Tomscich told Council Stay Aspen Snowmass, the Ski Company and Snowmass are putting together a comprehensive occupancy to cover what is happening by day. Vann reiterated the replacement requirement is 50% of the demolished bedrooms, 50% of the units and 50% ofthe existing net residential area, which is 8 dwelling units, 12 bedrooms and 3861 square feet. The proposal for replacement of the Mine Dumps is 13 dwelling units, 14 bedrooms and 6,000 square feet of net leasable. Vann noted since that proposal, the number of units at the hotel has increased. If one subtracts the 13 units and the 14 bedrooms, the remaining is what is over and above that which is required to mitigate the commercial and lodge operation. The Mine Dumps has 16 dwelling units and 22 bedrooms, 7700 square feet. - 10 Re!!ular Meetin!! Aspen City Council July 23, 2007 - Mayor Ireland noted the applicants will house 127.75 people at all 3 sites, about 100 people housed more than are housed currently. The employee generation is 190 employees. Mayor Ireland said the applicants have stated the industry standard is 2 to 2.5 FTEs/ guest room. The applicants have also stated that through efficiencies, the employees/guest room will not be as high as the industry average. Mayor Ireland asked what the equivalent using 2 to 2.5 FTEs would be, would it be 250 employees. Sarpa agreed. Mayor Ireland asked what standard ofthe industry that 2 to 2.5 FTE is. Zilts said that is for upscale hotels. Mayor Ireland stated he is skeptical anything can be done in Aspen cheaper than the national average. Sarpa noted the employee count for Aspen takes into account the seasonality or the off times where the total number of employees goes way down. Councilman Johnson noted employees have to live somewhere even when the lodge is not open; people do not leave town. Mayor Ireland stated the code requirement for mitigation has been met; however, this is a PUD and the applicants are asking for classification as an exceptional project and are asking for twice the FAR allowed under the code. Sarpa agreed the applicants are trying to figure out the real impact oftheir project. Sarpa reiterated the code requirement is 94.5 and they are providing 127.5 units. Sarpa said the applicants are comfortable with the employee generation figure of 190 employees. Sarpa said not all 190 employees will need new housing. Councilman DeVilbiss protested that the west side yard setback is 106.2' as a found number. Councilman DeVilbiss said the building starts at the retaining wall, which is by the street. Councilman Johnson asked for numbers of units relative to the overall square footage for the Little Nell, Jerome and St. Regis. Sarpa said the location of this hotel dictates the rooms as luxury rooms. Sarpa said the consultants looked at how many rooms of what type can Aspen absorb over the next 2, 3 and 6 years. The consultants looked at luxury, moderate and economy. Sarpa said in this luxury sector between now and 2009, 160 more rooms could be absorbed and another 80 rooms could be absorbed by 2013. This project will not open until 2011. Zilts told Council back of house is typically 22 to 25% of the square footage; this project proposes 15% back of house. Jeff Hanson, Swinerton Construction, told Council the PUD does not contemplate phasing this project. The construction management plan outlines different stages of construction. The project will run continuously to completion. Hanson said the construction management plan for the town homes is similar to the lodge CM plan; however, the logistics are different. For the townhouses all staging will be on site versus using some of the rights-of-way. Busing of construction workers has not been proposed for the townhouse project. -,"''''' Hanson told Council he has done a manpower analysis on the number of construction workers to be employed and the stages will require a different number of workers depending on the particular construction. The first 7 months during excavation and shoring will require I 8 to 20 people; below grade structure for the next 4 months will require 20 to 30 employees. The above grade will require 40 to 50 and will overlap with - I1 Re!!ular Meetin!! Aspen City Council July 23, 2007 """""'" the exterior skin and up to 90 employees. The peak number of workers will be 130 people and then wind down over the last 4 months. The town house construction would peak at 90 employees. Hanson told Council it is hard to anticipate how many new jobs will be created because throughout the construction there is a different mix of trades on site and trades people will be drawn upon from Battlement Mesa to Eagle to the Roaring Fork V alley. Hanson said several large projects in Aspen will be ramping down as this project ramps up. Councilman Johnson moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Romero. All in favor, motion carried. Hanson said the applicants have found a reclamation project in the next county for the dirt. The length of construction is 34 months following the start of excavation. Councilman Skadron asked where temporary workers are housed. Hanson said they are lodged throughout the valley. Councilman Skadron asked how they will be coordinated. Hanson said that is left up to the individual sub-contractor. Councilman Johnson asked about staging on the right-of-way. Hanson showed where outside the asphalt portion of the west side of South Aspen street this would happen. There is a 23' segment between the used right-of-way and the properly line which the applicants propose to rent from the city and set up jersey barriers to stage trucks. Hanson told Council there are 9 different staging plans for I I different phases of construction. Sarpa noted Council questioned why gas boilers are needed and why does South Aspen street have to be snowmelted. Mayor Ireland asked if there is a limitation on how soon one can appear before the city if they are a former employee of the city. John Worcester, city attorney, said there is not that limitation. Dan Richardson told Council he is not being paid by the developer. Richardson said when he was working for the city, he discussed safety on south Aspen street with the streets department and could they do it without snowmelting the street. The streets department stated they could not. Richardson said for this development, it is more efficient to use renewable energy to heat and cool the building because these are loads that are on 365 days of the year. Snow melt has a high demand at certain times of the year and it is more efficient to use a natural gas fired boiler for that demand and save the renewable energy for the building. Mayor Ireland asked why not use renewable energy for both. Richardson said there is a limit to boring into the ground for ground source heat pump. The site is a definitive size and only a certain amount of boring can be done on the property. The developers are meeting the heating and cooling demand for their hotel on their site. Solar energy is not feasible because of the orientation ofthe site. Sarpa handed out a capacity report from Dave Haughton indicating there could be 200 bore holes on the applicant's property. Councilman Romero asked if South Aspen street is considered in these calculations for bore holes. Sarpa said it is not. - Sarpa stated the applicants are asking to build the first new hotel in 20 years; to give some residential development for the site. Sarpa said in exchange for PUD approval, the applicants are working on new thresholds of energy conservation. The applicants have proposed to build a new ski lift, to snow melt South Aspen street. Sarpa noted the 12 Re!!ular Meetin!! Aspen City Council July 23, 2007 - developers will donate money to non-profits annually on a formula based on room occupancy. The applicants also propose complimentary and discount rooms nights and meeting space for non-profits. There is almost 4,000 square feet of meeting space included in the hotel. Sarpa said there will be vocational training for high school students, to encourage students to stay or come back to aspen. Another community benefit is to pay their employees to volunteer for non-profit events. Another benefit proposed is World Cup Event support. Another benefit is the deed restriction that the hotel rooms will be hotel rooms for 99 years. Sarpa said the metro district will allow shuttle service through Dean Street to lift IA or to the gondola. Sarpa said the applicants will provide electric cars to get their guests around town. Sarpa said they have tried hard to get the best project possible with the smallest impact. Councilman Johnson asked why it is necessary to lose the public parking on South Aspen street. Richardson said the parking was removed to minimize the amount of snow melt necessary. Richardson said this parking will be offset somewhere else. Richardson said they did look at keeping the parking and not snow melting that area, which is not a good practice. Sarpa said these 50 spaces will be replaced in the lodge parking garage and will remain free to the public. Councilman Johnson asked ifthere will be a completion bond. Vann answered the PUD agreement provides financial guarantees for all the public improvements. Councilman Johnson said he wants assurance that 34 months after the first hole is dug, the finishings will be in the hotel. Sarpa said they cannot guarantee it; however, they have been at the process for 4 years and their incentive to start and complete as fast as possible is large. Councilman Johnson asked about this being a conference hotel. Sarpa said this is not a conference center; it is a hotel with 4,000 square feet of meeting rooms. Sarpa said the letter from the ACRA was to support the need for additional meeting space. Sarpa noted additional meeting space only comes with facilities like a hotel. Councilman Johnson requested the ratio of rooms to site for the hotels the Little Nell, The St. Regis and the Hotel Jerome. Councilman Johnson also requested a chart or explanation of employee mitigation, employee generation and where people will actually live. Councilman DeVilbiss requested specific numbers of energy consumption for the gas boiler used to snow melt South Aspen street. Councilman DeVilbiss asked why the lift cannot be moved further down Aspen street rather than up. Sarpa said they do not own the property farther down the street and there are tram safety requirements on distances and site clearances. Sarpa noted the lift is not part of this application. The applicants have committed to paying $4 million towards a new lift. This lift will be in front of Council as part of a proposed project to the east or the Ski Company will have to take the lift through city review. Councilman DeVilbiss noted the issue is melting a street and moving the ski lift up hill. ...,.."". 13 Re!!ular Meetin!! Aspen City Council July 23, 2007 - Councilman Skadron said he would like a comparative for energy use, like the amount of energy required to heat South Aspen street is equal to what. Councilman Skadron said he, too, would like a clearer graphical interpretation ofthe employee generation and mitigation numbers. Councilman Skadron stated the new lift is described as a community benefit; however, it seems to be equally important as a marketing tool to sell the lodge. Sarpa said it will benefit the hotel; however, that does not mean it is not a community benefit, also. Councilman Skadron asked for an example of a building that "conveys human scale". Wisnoski said there are examples of urban statement in town like the Hotel Jerome, which faces the street in a different fashion that the proposed lodge on the mountain. The new commercial guidelines describe development on the mountain as it relates to topography, buildings should step with the site, have relief in how it relates to the street edges with landscaping. Councilman Skadron noted one vision in the AACP has to do with inclusiveness and states stratified class systems should be foreign to Aspen. Councilman Skadron noted opposition to a fortress of 5 star properties encircling the base of Aspen Mountain. Councilman Skadron noted the community benefits list does not include an opportunity for visitors to enjoy a room at the base ofthe mountain. Councilman Romero asked how many fractional shares will be sold. Sarpa said they are planning on 1/8th shares. Councilman Romero asked how the current inventory of fractional units is performing in being rented. Councilman Romero asked the status of the town house project. Sarpa said they have applied for a demolition and excavation permits; demolition in August and excavation in September. Councilman Johnson moved to suspend the rules and extend the meeting to 10:30 p.m. seconded by Councilman DeVilbiss. All in favor, motion carried. Mayor Ireland stated the Council is asked for exceptions and variances to the code and has to refer to the larger issues facing the community and make judgments based on that. Mayor Ireland opened the public hearing. Patrick Segal told Council he served on the Aspen Area Comprehensive Plan committee and he finds this development contrary to the AACP. Segal recommended Council cap this development at the FAR allowed. Segal urged Council to vote for what is best for the community and for the future ofthe community. Barbara Piper, The Little Nell, said hotel rooms should be built around families using them and 400 square feet is not really an adequate resort type room. Ms. Piper said although condominiums and fractionals provide space in resorts, hotels are more inclusive. The goal of a hotel is to fill every room every night and hotels are willing to work on the price. Many locals have stayed at the Little Nell, St. Regis or the Jerome. Hotels donate space to non-profits and to fund raisers; townhouse homeowners associations do not. '...........- 14 Re!!ular Meetin!! Aspen City Council July 23. 2007 - Calvin Dex said this building will not be much different in 25 years. The building is out of line and not in keeping with the sentiments expressed earlier by Council regarding the community and historic preservation. Les Holst said he feels this is an attempt by the developers to push the envelope. Holst said timeshares have proven to be a disaster in communities; these do not provide tourist beds in a tourist community. Holst said ifthey want to meet code, the building would be 104,000 square feet. This project should not be allowed; it does not work in the context of community. Annie Ginsberg asked as the building goes up the slope, will it appear much taller down in the town. Sarpa went through the heights going up the hill. Bill Heim asked if this is twice the allowable FAR. Mayor Ireland said it is 2 times the underlying FAR; the applicants have asked for a PUD and a variance from that underlying FAR. Heim said the construction will take place over 3 years, there will be on-going truck traffic and parking spaces will be lost. Jim Quigley said the developers should prove to Council how they will operate the hotel with 190 employees when the industry standard for this type of project calls for 250 employees. Mayor Ireland closed the public hearing. Wisnoski told Council the 55' measurement is taken from grade to the highest point of the ridge. 60% ofthe building is below 42' and it slopes with the site. Sarpa reminded Council they presented a truck management plan in detail. The number of trucks has been reduced. There are 254 parking spaces proposed on site in the parking garage to accommodate the hotel, retail and affordable housing needs, plus the 50 spaces replacing the on street parking, plus some parking for some adjacent property owners. Councilman DeVilbiss stated he has asked for more information and he would like that before voting on the project. Councilman DeVilbiss stated this is a good location for a hotel. The hotel will be locally owned; the lodge rooms will be deed restricted. There is a good affordable housing ratio. A lot of work has gone into this project. Councilman DeVilbiss said he does not feel the height has been reduced very much. Councilman DeVilbiss stated he is troubled by the snowmelt, why it has to be done; the size and mass ofthe building is a problem. Councilman DeVilbiss said the amount of underground parking will generate car traffic. Councilman DeVilbiss agreed that land is expensive; however, the developer has owned this property for awhile and that should be figured into the equation. Councilman Skadron stated he shares the concerns of Councilman DeVilbiss. Councilman Romero said he appreciates the response to increasing affordable housing both on site as well as at Smuggler. Councilman Romero said this is project is trying to win for the community to balance the costs by offsetting community benefits; to win for the resort, which is clear; and to win for the applicant, also. Councilman Romero said the best alternative to no agreement would be the town home project, which cannot be ignored and the community, in general, does not desire dark townhouses at the base of the mountain. ""too,...' 15 Re!!ular Meetin!! Aspen City Council July 23. 2007 d._ Councilman Johnson stated he supports lodging at this site. Councilman Johnson said he sees how both the resort wins and the applicant wins in this proposal. Councilman Johnson said the project represents serious costs to the community with construction impacts, increased traffic, FAR and height above the underlying zoning and unhoused employees. Councilman Johnson said he would like to know how the soils are different on this site compared to the Smuggler Racquet Club. Councilman Johnson agreed there are benefits; hotels are better than townhouses. Councilman Johnson said he can see the benefits to both the community and the resort to the deed restriction on these rooms as hotels for 99 years. Councilman Johnson said he cannot see the relocation of the ski lift up the mountain as a community benefit. Councilman Johnson agreed the lift should be brought closer into town. Councilman Johnson said there is no need to close Aspen street if it is not snow melted, ifthere are only town houses built on this site. ~ Mayor Ireland moved to suspend the rules and extend the meeting to 10:45 p.m.; seconded by Councilman Johnson. All in favor, motion carried. Mayor Ireland said an issue was raised that 15% dedicated to back of house may not be enough space. Mayor Ireland said he would like the applicants to be more specific about what community benefits and what discounts will be offered. Mayor Ireland said it is difficult to believe that this hotel will be below the national average number ofFTEs to run one of the most expensive places to stay. The high end nature ofthis establishment means it will have at least the average number of employees. Mayor Ireland said data of number ofFTEs at the other high end hotels in Aspen ought to be available. Mayor Ireland agreed that fractional units do not provide tourists. Mayor Ireland said he would like a guarantee of a completion date. This project should not drag on for 10 years. Mayor Ireland said the construction workers will be competing for housing in the community and/or adding to the congestion at the entrance to Aspen. Mayor Ireland agreed the code requires 60% employee housing mitigation. Mayor Ireland said he feels 60% is inadequate because the community no longer has anywhere to put the other 40% ofthe employees. Mayor Ireland said he is concerned moving the lift 250' up the hill is not a benefit to the community. Mayor Ireland said mass and scale is a problem; 175,000 square feet equates to 11 courthouses. Mayor Ireland agreed he would prefer lodging here rather than townhouses. Mayor Ireland said he does not feel the community can afford any more housing deficits; there are no places to put these employees. Councilman Skadron moved to continue Ordinance #5, 2007, Lodge at Aspen Mountain; Ordinance #24, 2007, Vacation of Dean Street; and Resolution #53,20007, Affordable Housing at Smuggler Conceptual to August 13,2007; seconded by Councilman Romero. All in favor, motion carried. Councilman DeVilbiss moved to adjourn at 11 p.m.; seconded by Mayor Ireland. A?I i favor, motion carried. I ~? . . ,. . . . 'J ,- ~ 16