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HomeMy WebLinkAboutminutes.council.20070813 Rel!ular Meetinl! Aspen City Council AUl!ust 13. 2007 OUTSTANDING EMPLOYEE BONUS AWARD ........................................................... 2 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 3 CONSENT CALENDAR ................................................................................................... 3 . Minutes - July 10, 23, 2009....................................................................................4 . Resolution #61, Series of2007 - Calling Special Election November 6,2007.....4 FIRST READING OF ORDINANCES..............................................................................4 . Ordinance #35,2007 - Charter Amendment - Instant RunoffVoting................... 4 . Ordinance #34,2007 - Charter Amendment - Term of Mayor ..............................4 . Ordinance #32, 2007 - Code Amendments - Construction Management .............. 4 . Ordinance #33, 2007 - Code Amendment - Noise Abatement.............................. 4 ORDINANCE #31, SERIES OF 2007 - Creation of Open Space & Trails Board............ 5 RSEOLUTlON #62, SERIS OF 2007 - Sunny Views Annexation.................................... 5 ORDINANCE #28, 2007 - Cooper Avenue Pier Redevelopment ..................................... 6 ORDINANCE #29,2007 - Wienerstube Subdivision........................................................6 ORDINANCE #5, SERIES OF 2007 - Lodge at Aspen Mountain Final PUD ................. 7 1 Rel!ular Meetinl! Aspen City Council AUl!ust 13. 2007 Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Skadron, Johnson, DeVilbiss and Romero present. OUTSTANDING EMPLOYEE BONUS AWARD Mayor Ireland and Council presented Jannette Murison, enviromnental health department, with an outstanding employee bonus award for her work in researching, writing and submitting a grant about the city's renewable energy mitigation program to Harvard. The city was one of 18 finalists out of 1,000 entries. CITIZEN COMMENTS 1. Les Holst presented a section from the code that prohibits two land use applications being reviewed simultaneously for the same piece of property. Holst said Council should use this code section for past, present and future land use applications. 2. Tom Zieman, Catholic Charities, told Council the Communities Integration Initiative is made up of different agencies throughout the valley interested in immigration. The Initiative has a grant from Colorado Trust to help immigrants become better integrated into the community. Zieman asked if Council is interested in helping create a kiosk in Aspen that would have information in Spanish available for immigrants' use, if Council would locate public property for this kiosk and if Council would support this up to $2,000. Zieman gave Council information sheets on this request. Council said they will refer this to a work session. 3. Susan O'Neal requested Council consider the issue of noise pollution, especially on Durant Avenue and with motorcycles. Ms. O'Neal said the residents on Durant Avenue are suffering through an increasing number of delivery trucks, construction trucks and motorcycles. Ms. O'Neal presented a sign for the area, "Operation Quiet Aspen" specifically targeted at motorcycles and asked everyone in the community to get involved. Ms. O'Neal said loud or continuous noise impairs hearing, prevents sleep, increases rates of accidents and causes stress. Ms. O'Neal said people have a right of quiet enjoyment of their surroundings. Ms. O'Neal requests this be a city-wide campaign. Council agreed to put this topic on a future work session. 4. LJ Erspamer stated the comer of Mill & Main and the area in front of the Hotel Jerome is dangerous. There are many near misses where vehicles loading at the Jerome open their doors into traffic. Erspamer suggested cutting the curb back 3 to 4' to help alleviate the dangerous situation. Councilman DeVilbiss agreed this is dangerous in a high traffic volume area. 5. James March suggested in a campaign against motorcycle noise, they also be contracted about driving with their brights on all the time. 6. Toni Kronberg said the park and ride lot at Brush Creek is a big success. RFT A has more buses but does not have drivers because they do not have housing. Ms. 2 Rel!ular Meetinl! Aspen City Council AUl!ust 13, 2007 Kronberg suggested Council request more cash-in-lieu from developers so that the city could build more housing at Burlingame. Ms. Kronberg agreed the traffic is very difficult right now and suggested not allowing parking on Main street so that the traffic could move more easily. COUNCILMEMBER COMMENTS 1. Councilman Skadron complimented staff for their presentations at a recent work session; Paul Menter for budget analysis; Trish Aragon, storm water and Phil Overeynder for hydropower plant. Councilman Skadron also complimented Jason Lasser for his work on computer design of the Council Chambers. 2. Councilman Romero said the Ducky Derby last weekend was a huge success participated in by many locals and many kids' organizations. The community-based fair is well attended and the Rotary raises several hundred thousand every year, which is given back to the community in grants to kids' organizations and to health and human service organizations. 3. Councilman DeVilbiss said he does not want to vote on Resolution #63, Council Rules and Regulations, until the public has had a chance to voice their opinion on the changes. One amendment is to change the regular meetings from Monday to Tuesday. Councilman DeVilbiss suggested 3 regular meetings/month one to do just land use. This will be discussed when Council discusses Resolution #63. 4. Councilman Johnson said he had to call the police department twice in one day on traffic related issues. Councilman Johnson said he called in with the license plates of the vehicles causing traffic issues. 5. Mayor Ireland said Council seems determined to get a handle on traffic and traffic violations. Mayor Ireland said he does not want to be an enforcement agency. Right now construction violations are going unattended; people are leaving their garage cans open for bears; people are creating noise. Mayor Ireland requested the public be civil, quiet and respectful before the city spends a lot of taxpayers' money becoming an enforcement agency. 6. Mayor Ireland congratulated Mike Marie for finishing 9th in the 100 mile bike race in Leadville and Biege Jones with two 3' place finishes in bicycle races in Salida and in Gateway. CONSENT CALENDAR Councilman Johnson moved to approve the consent calendar; seconded by Councilman Romero. The consent calendar is: 3 Rel!ular Meetinl! Aspen City Council AUl!ust 13. 2007 . Minutes - July 10, 23, 2009 . Resolution #61, Series of2007 - Calling Special Election November 6, 2007 All in favor, motion carried. FIRST READING OF ORDINANCES . Ordinance #35, 2007 - Charter Amendment - Instant Runoff Voting . Ordinance #34, 2007 - Charter Amendment - Term of Mayor . Ordinance #32, 2007 - Code Amendments - Construction Management . Ordinance #33, 2007 - Code Amendment - Noise Abatement Councilman DeVilbiss moved to read ordinances #35,34,32,33, Series of2007; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE NO. 35 (SERIES OF 2007) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 2.7 OF TITLE II OF THE CITY OF ASPEN HOME RULE CHARTER REQUIRING INSTANT RUN-OFF VOTING PROCEDURES FOR THE ELECTION OF MAYOR AND MEMBERS OF COUNCIL ORDINANCE NO. 34 (SERIES OF 2007) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 3.3 OF TITLE III OF THE CITY OF ASPEN HOME RULE CHARTER AMENDING THE TERM OF OFFICE FOR MAYOR FROM TWO YEARS TO FOUR ORDINANCE NO. 32 Series of 2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND CHAPTER 8.56 OF TITLE 8 OF THE ASPEN MUNICIPAL CODE ORDINANCE NO. 33 Series of 2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND CERTAIN SECTIONS OF TITLE 18 OF THE ASPEN MUNICIPAL CODE 4 Rel!ular Meetinl! Aspen City Council AUl!ust 13, 2007 Councilman Johnson asked if the Charter Amendment regarding instant runoff voting changes the percentage to 50% by which candidates must win to be elected to Council. John Worcester, city attorney, stated it does not. Councilman Johnson said he is interested in the change. Worcester said there would have to be another Charter amendment ordinance and all ballot questions must be adopted by August 27'h. Mayor Ireland pointed out there is 20 months in which to get Charter amendments adopted before the next Mayor/Council election. Councilman Romero asked staff come back with proposed language or amendments for an alternative mechanism, not this ordinance, that the hours of operation are being moved into construction management plan so that everyone would be required to follow the same CMP. John Worcester, city attomey, noted the ordinance grants to the engineering department the ability to waive certain provisions of the CMP. Worcester suggested staff provide Council a list of the waivers they are proposing to grant upon adoption of the ordinance. Councilman DeVilbiss moved to adopt Ordinances #35, 34, 32, 33, Series of 2007, on first reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Romero, yes; DeVilbiss, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #31, SERIES OF 2007 - Creation of Open Space & Trails Board Brian Flynn, parks department, told Council in 2000 the voters approved a Yz cent open space sales tax. Resolution #108,2000, created an open space board which expired in 2005. In the last 6 years, the open space board recommended to Council and the city has successfully acquired 500 acres of open space and the development of a dozen critical trails. Staff recommends Council adopt the ordinance and make this a permanent board. Mayor Ireland opened the public hearing. Toni Kronberg noted one of the powers and duties listed is to review open space elements including the most recently adopted Aspen Area Comprehensive Plan. Ms. Kronberg said the AACP is out of date; it has not been looked at since 2000. Chris Bendon, community development department, said there is no expiration date on the AACP. Mayor Ireland noted Council made it clear that review of the AACP is one of their goals for 2007. Mayor Ireland closed the public hearing. Councilman Johnson moved to adopt Ordinance #31, Series of 2007, on first reading; seconded by Councilman Romero. Roll call vote; Councilmembers DeVilbiss, yes; Skadron, yes; Romero, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. RSEOLUTION #62, SERIS OF 2007 - Sunny Views Annexation John Worcester, city attorney, told Council this land is owned by the county, located at the base of Smuggler. The county has a contract to sell this property. Worcester said this 5 Rel!ular Meetinl! Aspen City Council AUl!ust 13, 2007 is the second step in the annexation process and is the public hearing to determine compliance with provisions of the state annexation act. The last step is an annexation ordinance. City Clerk Kathryn Koch reported the public notice and letters are in order and that there is no other annexation for the parcel. There is 1/6 contiguity and a community of interest exists between the area and the city of Aspen. The property is not divided into separate interests. There is written consent by the property owner. Annexation of the property will not extend the city boundaries more then 3 miles. This is consistent with the annexation element of the AACP. Mayor Ireland recused himself due to working on this issue when he was a County Commissioner. Councilman Johnson moved to approve Resolution #62, Series of2007; seconded by Councilman Skadron. The public hearing was opened. Bill Weiner asked if this has been checked for hazardous waste. Worcester said it has not been done and it will be done before first reading of the annexation ordinance... The public hearing was closed. All in favor; Mayor Ireland abstaining, motion carried. ORDINANCE #28. 2007 - Cooper Avenue Pier Redevelopment Mayor Ireland opened the public hearing. Jessica Garrow, community development department, told Council this is being continued at staff's request. Councilman DeVilbiss asked if the applicant concurred. Ms. Garrow said they have. Councilman DeVilbiss said in the future when staff requests a continuance, the memorandum should note it is with the concurrence of the applicant. Councilman Johnson moved to continue Ordinance #28, Series of2007 to August 27; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #29, 2007 - Wienerstube Subdivision Mayor Ireland opened the public hearing. Jessica Garrow, community development department, told Council this is being continued at staff s request. Councilman Romero moved to continue Ordinance #29, Series of2007, to August 27; seconded by Councilman Johnson. All in favor, motion carried. 6 Rel!ular Meetinl! Aspen City Council AUl!ust 13, 2007 ORDINANCE #5. SERIES OF 2007 - Lodge at Aspen Mountain Final PUD Chris Bendon, community development department, stated this proposal is for 80 hotel rooms, 21 fractional units, 4 free market residential units, 20 affordable housing units, 21,000 square feet of commercial space, 250 parking spaces and of these 50 are public parking spaces. Bendon reminded Council they asked for a comparison of square footage of other lodges and their total number oflodge rooms, which is exhibit A. Exhibit B is employee generation and staffre-wrote the condition on affordable housing which includes an audit provision. Exhibit C is a summary of the energy use for the snow melt system. Council asked a question on soils and whether there are any hazardous soils on site; none have been identified; however, condition #11 requires measures be taken if hazardous soils are found. Exhibit E is a memorandum from the applicant regarding stafflevels and a memorandum from the applicant regarding local's programs, which is exhibit F. There is also a memo from Kim Peterson, global warming specialist, exhibit G, which is about energy use of the entire project. Bendon told Council during the conceptual review, Council discussed different ways to make South Aspen street safer including additional sanding, maintenance, equipment and personnel, magnesium chloride, lowering the grade ofthe street, cog railways. At conceptual, Council requested the applicant present snow melting the street to make the street safer. Bendon noted staff recommends in favor of the lodge application, recognizing the levels of impacts, construction, views, massing of the project. Bendon said there are also impacts related to the townhouse project; however, these are smaller as the gross square footage is smaller. There is a sophisticated construction management plan for the Lodge. Bendon said the AACP designates this area as appropriate for lodging. Bendon gave Council the criteria from the land use code on which this decision should be made. Bendon entered letters/e-mails into the record, Bill Tomcich, Stay Aspen Snowmass in support; Michael Steiner, in support; Alison Bierhoff in support; Valerie MacDonald opposed, David Perry, Aspen Ski Company in support; Laura Thielen, Aspen Film in support; Debbie Braun Aspen Chamber in support; Doug Allen representing Lift One condominiums in support; Kip Wheeler opposed; Shadow Mountain Town homes withdrawing their objection to the project; Junee Kirk, opposed; Eloise Ilgen opposed; Lucy Nichols, opposed; Tim Cooney, opposed; Mike Kaplan, Aspen Ski Company in support; Peter Looram, opposed; a letter from David Schoenberger opposed. Bendon said he received a voicemail from John Barbee in support ofthe project; e-mails from Mike, Steve and Roger Marolt opposed to the project. The applicant was given copies of all the correspondence. John Sarpa, representing the applicants, stated this project is on 2.4 acres ofland and the FAR is 1.87. Sarpa noted other lodge projects, Dancing Bear has an FAR of2.97; the Limelite is 2.43 FAR; the Hotel Jerome is 2.57 FAR. Sarpa told Council it has been stated that the project is 2 times the allowable FAR. When the lodge project was applied for, there was a 1: 1 ratio; the current FAR is 2.5: 1 which is larger than the proposal at 7 Rel!ular Meetinl! Aspen City Council AUl!ust 13, 2007 1.87. Sarpa said this would be the second largest building in town, only smaller than the St. Regis. Sarpa said the building will be mostly invisible from the rest of town because ofthe mountain back drop. Sarpa said the highest point of the building is 55'; about 60% ofthe building is 42' or lower. The building is not 55' across the top as the height varies. Sarpa told Council as a whole, the people most affected by this project have supported the project. Sarpa noted Council asked about the location of the ski lift. That is not part of this application. The applicant is not suggesting where the lift goes. Sarpa told Council their commitment is to pay $4million towards payment of the lift. The location ofthe lift has to have a separate review, either a land use review at the base of the mountain or an application from the Ski Company. Sarpa said Council brought up the inclusiveness of the project. The applicants looked at how to make sure a project in this location is inviting to people who live and work in Aspen. Sarpa said besides the previous offers, they have added a 20% discount fir the lodge, restaurant, rooms, and spa for Aspen residents. The locals-card would cost $10 annually and that fee would be donated 100% to non-profit organizations. Sarpa said the applicants looked at transportation and worked with Roaring Fork Valley vehicle program, which is a car share program paid for by the users. Sarpa told Council they will give $50,000 toward the purchase of enviromnentally sensitive vehicles. The applicants will supply a parking space on their property for use by anyone belonging to Roaring Fork Valley vehicles. Sarpa said they would also propose a deli-type operation on property for some less formal dining to make the project more inclusive. Sarpa said if the local community does not support the project, it won't work as well. Sarpa noted the applicants submitted an explanation of employees, staffing and the affordable housing proposal. The criteria are what the code says and how many people will actually be employed. Sarpa told Council 15 people need to be replaced so this will be netted out of all figures for net new affordable housing. The code requires an applicant to house 60% of their employees or 94.5 people for this project. The applicants previously proposed to house 127.5, net out 15, equal 112.75 employees which is about 72% of the employees. Sarpa said Council wanted to know how many people would be employed. The applicants presented a staffing guide, line by line by position, which totals 190 employees to operate the lodge. The applicants are willing to stand with that figure and to have an audit. Sarpa said the trend is to go below 2 FTEs/room. The applicant's staff guide shows 190 FTEs. Sarpa told Council they got staff information from the Little Nell, St. Regis and Jerome and compared it to the Lodge at Aspen Mountain. They also got information from other ski resorts. Sarpa said allocated the 190 FTEs/ between the hotel and the other uses 154 FTEs are allocated to hotel operations and 36 FTEs are for non-hotel uses. Sarpa noted 154 FTEs working on 80 rooms; the ratio is 1.925 employees/room. The comparison with local hotels are the Jerome at 1.29 employees/room, the Littl~ Nell is 2.28 employees/room and 8 Rel!ular Meetinl! Aspen City Council AUl!ust 13. 2007 the St. Regis is 1.34 employees/room. Sarpa stated the applicants are willing to be audited in the 3'd year of operation of the project and to make up any housing deficit. Councilman DeVilbiss asked if these number figures in sub-contract employees, like laundry or landscaping. Brett Madison, CEO Columbia hospitality, said the staffing does not anticipate any contract work; all services will be performed by staff on site. Councilman Johnson asked if the employee audit will count sub-contractors should there be any over time. Sarpa said the audit will count full time equivalent employees. Councilman Johnson said one could get to a point where they have no employees; that everything is subcontracted out. Council asked ifthere had been employee audits. Sarpa said one was done for the then-Ritz Carlton and the result of the audit was within 1 or 2 employees of the committed level of staffing. Sarpa told Council in order to house more people, the applicant will commit to increasing about 25 affordable housing units, or a total of 153 employees, net out 15 people, total 138 employees, which represents about 88% of the code requirement of73% of the total staffing required. Sarpa said the location is unknown; however, they commit that it will be built before the certificate of occupancy and will be in town or at the ABC. Sarpa requested Alexis Carolides, RMI, to talk about the blended system. Ms. Carolides told Council she has been retained by Centurion Partners to address energy efficiency and sustainability of the project. Ms. Carolides said she has been working on this for a year with RMI and with a proposed project across the street. Ms. Carolides said the project should be looked at in its entirety including the snowmelt on South Aspen street. The applicants are committed to completely offsetting the carbon impacts of the snowmelt system and to reducing the energy usage ofthe project by 30% over that of other comparable projects. Councilman Skadron asked the principle behind offsets. Ms. Carolides said the principle proposed by Centurion is to buy canary tags, which means to pay money towards projects in Aspen that would reduce the carbon generated. The snowmelt system would use gas boilers and one would figure out the amount of carbon generated by a gas boiler and install solar panels for someone's hot water system to offset the carbon. Councilman Skadron asked if carbon offsets provide justification for excessive energy use. Ms. Carolides said that is not trying to absolve a project for excessive energies. The society needs to look at reductions first. Councilman Skadron asked if 30% is a random number. Ms. Carolides said that is what the applicants are agreeing to mitigate. Councilman Skadron asked if a 30% reduction in energy use substantial. Ms. Carolides said it is. Councilman Johnson said he would like to know what percentage of the project the snowmelt is. Mayor Ireland said the comparison is based on 30% less than other projects in Aspen. Mayor Ireland asked what the projects are. Ms. Carolides said the projects are comparable hotels but will remain anonymous except for the Little Nell. Mayor Ireland asked if the other projects meet the code standards for energy. Ms. Carolides said she does not know. Mayor Ireland asked how energy consumption is calculated and does it 9 Rel!ular Meetinl! Aspen City Council AUl!ust 13, 2007 include transportation of employees, guests flying in, or is it just internal. Ms. Carolides said it is energy use in the hotel. Mayor Ireland asked if the energy is compared per square foot. Ms. Carolides said it is per square foot. Ms. Carolides told Council they would collect data from 5 hotels; average the data per square foot and come up with a number of energy used in kBtus for luxury hotels in Aspen. The applicants commit to being 30% below that average. Currently only 2 hotels have contributed to the sample. Sarpa reiterated the applicants have committed to being the most progressive energy saving project in the community. Dave Haughton told Council they have energy data from two hotels. The numbers are 222 and 190 kBtus/square foot/year which averages to 206 kBtulyear and is the number the applicants will use to base their 30% less energy consumption. The 30% includes both the hotel and the snowmelt and pools. That is the way the data is being collected from other hotels. The energy audit will be conducted each year. Haughton said the area for snowmelt has not yet been determined; 20,430 square feet is the main right-of-way; 30,900 square feet includes the sidewalks and 38,900 square feet includes the cul-de-sac. The projected energy use is 250 kBtulsquare foot/year, which number is based on the Snowmass snowmelt. The energy used is internal only; it does not account for transportation, jet flights. It is gas and electric for the site. Haughton told Council the city code focuses on the building envelope only, R-values of walls and roofs, U-values of windows, boiler efficiency but the code does not cover the intricacies ofHV AC system for a big hotel. Haughton told Council this proposal goes way beyond the code to design the building more efficiently and to operate more efficiently. Haughton noted Council asked why boilers are still needed for the system. Haughton said snowmelt is a large peak lode and it would be ineffective to have a heat pump system going up and down to address snowmelt. A boiler would be more effective. Haughton presented a chart of engineering calculations based on the size of the building, the size of the snowmelt. This chart illustrates that the heating load moves up and down. Mayor Ireland noted using the average hotel number of206 kBtulyear and reducing it by 30% is 144 kBtulsquare foot which is the target for the hotel's energy use. Mayor Ireland asked if 144 kBtu is more, less or the same as building the project to code. Haughton said a lot of issues that affect the energy consumption of hotels are not in the code, like operations. Haughton said told Council using the figure 30,900 square feet for the snowmelt results in 7,725 million Btus/year. Haughton said the snowmelt system uses hot water with 50% propylene glycol from either the heat pump or the boiler. The hot water is sent out through the pipes to the street where it goes back and forth, retums colder than when it was sent out. It is recirculated, heated and sent back out. Councilman Johnson asked if the snowmelt on South Aspen street is between Y. to 1/3 of the total usage. Haughton said is it. Sarpa stated they will meet the current energy code and are confident that their proposal is better than the current code. Sarpa said this project has taken a long time and a lot of effort to listen to the community and to figure out what is important to the community. 10 Rel!ular Meetinl! Aspen City Council AUl!ust 13. 2007 The challenge is to make a project this large fit into the community. Sarpa reiterated they do have permits to build town houses on this site; however, they feel the lodge will be better for the community. The applicants have presented a list of community benefits. The applicants have proposed a 99 year deed restriction on hotel rooms. Sarpa stated the adjacent property owners are supportive. This is the first new hotel in 20 years; it will bring vitality to the west side of Aspen mountain. Sarpa requested Council approve the project. Mayor Ireland asked if the applicants needed an opportunity to respond to the e-mails entered into the record. Sarpa said David Schoenberger raised a lot of issues that are not true, including the ownership ofthe company, which has been represented on the record. Mayor Ireland opened the public hearing. Les Holst said 3 people opposed to the project left their names with him before they left the meeting. Holst said this is a bad project. Holst stated the applicants do not have approval for the town homes. Council should make their decision based on what is best for the community. Guy Noble, Timberridge, stated she supports this project even though she will be impacted by the construction. Ms. Noble said the Council has an opportunity to do something wonderful for the community by approving the project. Phyllis Bronson opposes this project. lA lift area is currently great ski cruising terrain. Ms. Bronson asked what has happened to taste and elegance. Alex Kane, Timberridge, said she supports the project as the town homes do nothing for the community; they degrade the community. Joe Quigley said this will have 7500 dump trucks full of dirt; there will be trucks full of employees and equipment. Quigley asked if the employee numbers will calculate the snow removal, the gardeners. Patrick Segal stated he has signatures of 12 people opposed to the project. Segal stated he prefers the plan for 14 town homes. If Council votes for this, they are voting for Manhattan. Jesse Boyce opposes the project and prefers the town homes. Valerie Macdonald said she is not in favor of redevelopment of lA. The lodge is too large. Lisa Kane said there are long term effects on health and safety from this and other large projects. Ms. Kane said she is not in favor of Smuggler affordable housing, which is too small to encourage a well balanced community. David Ellis, Timberridge, noted when the story poles were erected, you could not see them from Wagner park because of the back drop ofthe mountain. The building height has been reduced since then. The FARis less than some of the existing hotels in town. Ellis noted the construction of the town houses will also be impactful on town. Brooke Peterson told Council he is an investor in the project. The ownership ofthis project is the same as it was when the property was purchased in 2002. Bill Heim, Durant avenue, said he is opposed to the project as it stands as well as 4 years of construction impacts. Auden Schendler, Ski Company, noted the Little Nell is at 200 kBtus/square foot and ifthis project can do 140 kBtus/square foot would be energy 11 Rel!ular Meetinl! Aspen City Council AUl!ust 13, 2007 efficient. Schendler said on snowmelt, one can use the energy to melt the snow or use a diesel truck to plow the snow. Eddie Liebowitz stated he support this project. Charlie Danis, treasurer of ACRA, said he is interested in Aspen continuing its economic and culture; rejecting this project would be a mistake. Clarence Blackwell, 100 Durant, said he is opposed to the project in its present scope and size. It is twice the allowable FAR. Blackwell said South Aspen street should remain open and keep the 50 parking spaces with no snowmelt. Junee Kirk said the lodge is too large for the scale and character of the neighborhood. This lodge would cater only to high end guests and does not meet the needs of weekend guests. Ms. Kirk said 14 townhouses would be better than a 175,000 square foot lodge. Ruth Kruger said it is difficult to balance between comments of people who want Aspen to remain how it has been and being visionary and looking 20 years ahead. Ms. Kruger said this is a one time opportunity to use this land for the resort. Ms. Kruger said this community needs the hotel rooms to support other businesses and working people. Doug Allen, representing 31 owners at Lift One condominium, said they all support this proposal. Lift One said if this opportunity is missed and townhouses are built, the vitality will not be gotten back on lift lA. Allison Bierhof stated she is for the project. Lisa Hatem told Council she owns a local business and relies on tourist dollars. Businesses in the downtown area need this hotel for their survival. Terry Hale said this decision come down to whether Aspen is a resort or a retirement community. This project is needed in order to maintain a ski community. This is a large hotel but most hotels are large buildings. Anne Blackwell said the proposal is to take up a city street for the grand entrance to the hotel. Council should not give up a city street for this. Ms. Blackwell stated she favors the townhouses with 17 affordable housing units. Pamela Ross supports the project; the area needs revitalization. A smaller hotel is not an option for the developer; it is either the hotel or 14 townhouses. A no vote will be a disservice to the community. Susan O'Neal said she favors this project. Ms. O'Neal said Council should not make a decision based on the fact that current construction projects are an eyesore. Council should be thinking long term; the community is in need of the vitality. Andy Modell stated he supports the project; a lodge should be close to the mountain, to downtown and to transit. The applicants have proposed an forward thinking energy plan. Jim DeFrancia said the project received unanimous support from P&Z, a conceptual approval and staff recommendation. The choice is whether Council wants 14 townhouses or a new lodge. Jim Buchansi said he supports the project and feels a hotel rather than townhouses would offer benefits to the community. This is an appropriate site for hotel rooms and the community needs more hotel rooms. Bill Johnson told Council he has looked at this project in detail and supports the project. Johnson said the building is broken up with different materials, varied rooflines and varied setbacks. Johnson said the decision is whether Council wants Aspen to continue to be a vital community attracting visitors. 12 Rel!ular Meetinl! Aspen City Council AUl!ust 13, 2007 Peter Green, broker for the project, told Council he has owned businesses on Aspen mountain. Green said Aspen is based on a tourist economy. Life is not static. Towns have to reinvest in their infrastructure and in the community. Green said the future of Aspen's economy relies on keeping up. Ray Krank said the crux of the argument is how much more Aspen can take; how many more beds. Aspen is choking itself to death. It will become less and less desirable to come to Aspen as one will have to fight the crowds all the way. Jeff Gorsuch said he has 3 businesses in Aspen and supports the project. Time will not stand still for Aspen and we need to dare to be great. David Schoenberger said his biggest concern is with the employee housing and that staff has not come up with a way to come up with a number that should be used rather than have the applicant tell Council the employees they will generate. Andrew Kole said this has been a good public meeting and Council should beware of variances. Derek Johnson, Juan street affordable housing, told Council all 6 families hope this project will be approved; that it should be done for the community. Bill Wiener said swimming pools are big energy users, especially in the winter. Wiener said other hotels who have received square footage for meeting rooms only to turn that space into something else. Wiener said this project will impact RFTA and the schools. Wiener asked when is Aspen built out, when is Aspen at capacity. Toni Kronberg said this project does not take away views. There is no neighborhood in the area. Ms. Kronberg said approval of this would move Aspen into the future. Mayor Ireland closed the public hearing. Councilman Johnson moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman Romero. Councilmembers Romero, Skadron and Johnson in favor; Councilman DeVilbiss and Mayor Ireland opposed. Motion carried. Sarpa told Council the hotel's staffing guides are based on 2080 hours. Mayor Ireland asked ifthe housing based on standard affordable housing calculation, 1.8 jobslhousehold or 1.3 jobs/person. Sarpa said their numbers are 190 employees at 40 hours/week. Sarpa said there is a question if this can be built smaller. Sarpa stated they cannot and will not. Sarpa noted over the past 4 years they have dropped fractionals, they have dropped the height. If they could make it smaller, they would. Sarpa said they listened to the community, to the Council and squeezed as much as they could. Sarpa noted they looked at all city codes and have gone beyond what is required whenever possible, like energy usage and affordable housing. Councilman DeVilbiss noted that the applicants have made the project smaller over the past 4 years; the lowered the height. Councilman DeVilbiss noted when the applicants were asked for an extension for the permit to build the townhouses, the tenants from the Mine Dumps asked Council to approve the extension oftime. The tenants indicated to Council if they had a year to relocate, they could do that. Councilman DeVilbiss asked how long after that tenants were given notice. Sarpa told Council the tenants knew they 13 Rel!ular Meetinl! Aspen City Council AUl!ust 13.2007 could get 30, 60 or 90 days after the extension and after than they were given 30 days. As a result of Council's approval of the extension, the tenants had 60 days. Councilman DeVilbiss objected to the citing of the west side yard setback of 106'. Bendon pointed out the asterisk next to the side yard setback said it is measured to a primary face wall of the structure. Councilman DeVilbiss asked if the 106' counts as open space. Bendon said it does not. Councilman DeVilbiss asked ifthe applicants stated one of the benefits of this project is that they would provide a new high speed lift. Sarpa answered he told Council the applicants would pay for it. Sarpa said ifthis project is approved, they will pay $4 million for the purpose of building a new high speed lift. Councilman DeVilbiss asked about the special district for snow melt. Sarpa said they have committed to working with the city to put a special district in place to address paying for public aspects of this area. Sarpa said regarding the changes in the application; these came about from Council telling the applicant to find a better way to do the lodge. The applicants lowered the project. They found creative ways to improve the lodge. The applicants listened to the community and responded to Council and to the community. Mayor Ireland said the agreement is to give $4 million to the Ski Company to build the lift and questioned whether $4 million is enough to build a lift. Mayor Ireland asked if the lift is not built, will the applicant get the money back. David Parry, Ski Company, told Council the agreement is that the applicants will give the Ski Company $4 million and the Ski Company will build the lift. Parry said the Ski Company supports the improvements to the west side of Aspen mountain. Parry said the exact price of the lift is now known; however, it is absolutely the intention of the Ski Company to build the lift. Mayor Ireland asked ifthere is a connection between the Lift One Lodge and contribution of the lift. Parry told Council the Ski Company has also had discussions with the Lift One Lodge not knowing if one or both projects would be approved. Mayor Ireland asked why the lift will be higher up the mountain. Parry reiterated the lift location is not part of this application; it is affected by the Lift One application, which has not been approved. The location of the lift has not been approved. Victor Gerden, Aspen Ski Company, told Council the Ski Company owns a portion of land at the bottom of Aspen Mountain, which they may sell to Lift One and relocate the lift up the hill. Parry said currently the Ski Company owns the land where they plan to put the lift. Councilman Romero asked about the completion bond for different aspects of the project. Bendon told Council the code requires financial security for public infrastructure. Bendon said historically affordable housing is not considered public infrastructure and he has not had a discussion on whether the lift would be considered public infrastructure. Councilman Romero said he would like a mechanism in place for the public benefits. Councilman Romero brought up that the condition in the ordinance does not address the on-going and maintenance and capital reserve for items in the special district. 14 Rel!ular Meetinl! Aspen City Council AUl!ust 13. 2007 Councilman Romero noted the ordinance states the reconstruction of South Aspen street shall be completed prior to C/O on the Lodge. Councilman Romero suggested more affirmative language so that this is not just tied to C/O. The ordinance also addresses this that the new lift shall be operational prior to the C/O, which should have the same language and a completion bond for public surety. If the lift is a public benefit, the city should have visibility over the component of the agreement. Councilman Romero asked if the Mine Dump tenants were going to get a right of first offer. Sarpa agreed. Councilman Romero said in the section about community benefits, one is $l/occupied room night donated to a non-profit. Councilman Romero suggested an escalator or as the hotel succeeds, the non-profits succeed. Councilman Romero said the ordinance states support will be provided to World Cup and he would like more specificity. Sarpa said the applicants are obligated to complete the project; the bond is payable to the finance company. Councilman DeVilbiss said he would not approve an ordinance that contains 106' side yard setback. Councilman DeVilbiss said he cannot support an ordinance that refers to a project that is not a part of this application or approved yet. Councilman DeVilbiss said in energy conservation it states "to true up on an annual basis sunsetting in 20 years". Why should that sunset in 20 years. Councilman DeVilbiss said the condition that says the applicant proposes a cap on the shortfall penalty to be negotiated is a problem. V ann stated that the pool deck was not considered the face of a building. V ann said the applicants have no objection changing that number; it will not be a detriment or a benefit to the applicant. Sarpa said this project stands on its own; it does not rely on a project across the street and references to the Lift One Lodge can be deleted. Sarpa told Council the applicants were trying to make sure that the actual lift is up and operating before use ofthe lodge project. Vann said that was a staff condition at conceptual level to insure the lift was not on its own time frame. Sarpa said the applicants are taking the risk on this if the Ski Company does not perform. John Worcester, city attorney, suggested language, "the applicant shall not convey any fee interest in any portion of the project before the new lift is operational". Art Daily, representing the applicant, said transferring to investment entities need to be excluded from that condition. Councilman DeVilbiss said he is willing to allow Worcester and Daily work out the language. Sarpa said the thinking behind the 20 years was to make the obligations reasonable and tangible. The 20 years was thought long enough to make the energy efficiencies tested. Haughton noted 20 years is time enough that there may be new technologies. Worcester asked about the sentence "the applicant proposes a cap on the short fall penalty to be negotiated" and when would that be negotiated and finalized. Vann said he is willing to settle that. Bendon noted there was discussion about the baseline for that measurement, which properties would be evaluated, what the methodology is, whether the baseline would be used over 20 years. Councilman DeVilbiss moved to suspend the rules and extend the meeting to 11 :30 p.m.; seconded by Councilman Johnson. All in favor, motion carried. 15 Rel!ular Meetinl! Aspen City Council AUl!ust 13, 2007 Mayor Ireland asked if staff has verified the calculations of energy data from other hotels. Bendon said staff has not. Haughton told Council he has discussed mechanics ofthat with staff and data will be shared with staff. Mayor Ireland asked if staff will be able to see the same data as the applicant. Haughton said he will make sure staff can see the same data. Sarpa said the applicants can come up with a specific cap. Mayor Ireland agreed Council needs to know what the cap is. Councilman Johnson asked ifthe locals 20% discount is all year, 2417. Sarpa said yes. Councilman Johnson asked what approvals are needed to move the lift 200' further up the hill. Gerden said the only reason to move the lift up the hill is to comply with the needs of the Lift One project. The lift would be subject to 8040 greenline review by P&Z. Councilman Johnson asked ifthere will be commercial or development associated with the lift relocation. Parry said the only facilities would be ski patrol, lockers, ticket sales, no commercial development. Councilman DeVilbiss asked if the lift will move regardless of whether the project across the street is approved or not. Parry said the final location of the lift is dependent on what is approved for the east side of the street. Parry said the lift will not need to move if nothing happens with the lodge project. Gerden said the lift will not be in the same spot no matter what due to various factors. Gerden told Council when lifts are replaced, the ski company reassess traffic patterns. Councilman Skadron moved to adopt Ordinance #5, Series of2007, on second reading; seconded by Councilman Romero. Councilman Johnson observed although the applicant stated this project stands alone, it does not; there is affordable housing at Smuggler and at the Airport Business Center and lift 1. If this project is approved, it is not just the lodge building. Councilman Johnson said he asked for comparable hotels in town, number of hotel rooms and total FAR. The hotel Jerome has 92 rooms and 114,000 FAR, 1200 square feet associated per unit. The Little Nell has 92 rooms and 85,000 total FAR or 900 square feet/room. The Limelite will have 125 rooms, 155,000 square feet total FAR or 1200 square feet/unit. The St. Regis has 187 rooms with 190,000 total FAR equaling 1000 square feet/unit. The Lodge at Aspen Mountain will have 80 units in 175,000 square feet total FAR which equals 2100 square feet/lodge room. That is almost twice the associated square feet as any other lodge property. Councilman Johnson said the energy efficiency and affordable housing proposals have exceeded the code. The applicants have stated they cannot and will not propose a smaller lodge. Councilman Johnson said he could approve a hotel at this site, but not at any price. Councilman Johnson stated it is a false choice between the town homes and this lodge; that is the applicant's choice on what to build. Councilman Johnson said it is a false choice to say the city must approve this hotel or Aspen's economy will be ruined or Aspen will be unable to compete as a resort. Councilman Johnson said the rejection of this project will not be the economic ruin of Aspen, nor will its approval be its salvation or kill community character. 16 Rel!ular Meetinl! Aspen City Council AUl!ust 13. 2007 Councilman Romero said this was the first portal for skiing and how Aspen as a resort community was founded and is the last opportunity for more people to enjoy Aspen mountain. Councilman Romero said allowing 14 private townhouses to be built here is not fair or giving as much opportunity to guests of the community. Councilman Romero said Aspen is a resort and people treasure the activities that this small town offers. Councilman Romero stated he believes this project has gone through a lot of negotiation and is a compromise. Councilman Romero stated he is prepared to vote in favor of this project and appreciates all the public participation Councilman DeVilbiss moved to suspend the rules and extend the meeting to 11 :45 p.m.; seconded by Councilman Skadron. All in favor with the exception of Mayor Ireland. Motion carried. Councilman Skadron stated he has struggled with this project. Councilman Skadron said the application needs to meet a number of criteria and he finds this application to comply with the standards and requirements of timeshare, subdivision, conversion ofresidential units, affordable housing and an exceptional product. Councilman Skadron noted there is a criteria if a project is consistent with the Aspen Area Community Plan and that is where he has struggled. Councilman Skadron noted his responsibility is to insure a pattern of development that is responsible and to preserve community. Councilman Skadron said developing 14 town homes is smaller, the scale lends itself to Aspen's quaintness; there would be fewer employees, less mitigation is required. Councilman Skadron said he feels Aspen is becoming more inaccessible. Aspen residents are being pushed aside. Fourteen town homes would accelerate that reality. The AACP articulates a balance between resort and community, Councilman Skadron stated the Lodge at Aspen Mountain addresses a balance better than town homes. The lodge would allow for Aspen to be shared by locals and non-locals both. Councilman Skadron said although this is not an ideal project, there are parts that lead to a more balance community, a stronger tourist base, assurance for continued vibrancy and increased resident house. The alternative of 14 town houses has none of these. Councilman Skadron stated he will support this proj ect. Councilman DeVilbiss stated the size 174,000 square feet is almost twice the FAR allowed by underlying zoning. Councilman DeVilbiss said he does not believe South Aspen street has to be snow melted and he will not vote for snow melting South Aspen street or for a project that requires snow melting the street. Councilman DeVilbiss noted one of the criteria is that a proposed development should be consistent with the character of existing land uses in the surrounding area and he finds this project does not comply. Councilman DeVilbiss said just because this is a PUD, it should not get to be twice the FAR ofthe underlying zone district. Councilman DeVilbiss said the size and character of this proposal is not compatible with the surrounding area. Councilman DeVilbiss said it has been difficult to get answers, like ethylene glycol being pumped into the snowmelt. Councilman DeVilbiss said he cannot and will not support this project. 17 Rel!ular Meetinl! Aspen City Council AUl!ust 13, 2007 Councilman Johnson said Aspen chose years ago to court the high end tourists and this project is a product of that choice. Councilman Johnson said he feels it will take courage and vision for Council to lead Aspen to the thinking that this type ofproject and economy is not sustainable nor egalitarian, nor the direction Aspen should continue to take. It will take vision to change the course of Aspen. Councilman Johnson said if this were a simple hotel with 80 rooms, he could approve that. The price of approval of this project is additional FAR, additional height, and privatization of South Aspen street and is too great. Councilman Johnson stated he cannot find this is consistent with the AACP or with the character of existing land uses in the surrounding area. Councilman Johnson said he cannot find the proposed dimensional requirements permit a scale and massing of open space and site coverage favorable to the character of the surrounding area. Councilman Johnson said there are unnecessary costs to public infrastructure associated with approving this project. Councilman Johnson stated it is impossible for him to find this is an exceptional project. Councilman Romero moved to suspend the rules and extend the meeting to midnight; seconded by Councilman DeVilbiss. All in favor with the exception of Councilman DeVilbiss, motion carried. Mayor Ireland said he believes this is an appropriate place for lodging; however, this project is difficult. Mayor Ireland said Aspen is not suffering from a lack of development. Mayor Ireland said what concerns him most is the momentum towards a community that is not what was envisioned about the AACP adopted in 1993. The AACP calls for a balance between resort and community. Mayor Ireland said he feels Aspen has lost its balance. The dominant industry in Aspen is not tourism; it is second homes and construction. Mayor Ireland said Aspen has become addicted to the highest end tourist and threatens it's own sustainability. This project will meet the demand for high end tourism. Mayor Ireland noted the city does not have independent analysis of the energy consumption or ofFTEs required. Mayor Ireland said Aspen has to decide whether the market will decide what Aspen is and high end tourism may suffocate the golden egg that made Aspen's success possible. The local serving businesses are disappearing; less expensive lodges are disappearing. Mayor Ireland noted communities are living organisms, not investments and Council needs to think 100 years in the future, not what the market wants today. Mayor Ireland said 2 out of 5 hotels reporting for energy consumption is not science. Mayor Ireland stated no one has been able to tell him Btu consumption on this project if it were built according to the existing code. Mayor Ireland said in years of discussing development, no one has ever brought up the impact of construction jobs, how they will compete, where they will live. This is a lack in the municipal code. Mayor Ireland said Council was told there were no contract labor in the 190 FTEs. Mayor Ireland said accountants, lawyers will not be part of that FTE. Mayor Ireland said Council does not have an independent audit of the number of employees at other hotels. Mayor Ireland said he has seen estimates of employees from .5/room to 2.5/room. Mayor Ireland said there is no spare capacity for affordable housing 18 Rel!ular Meetinl! Aspen City Council AUl!ust 13, 2007 if more is required. The transportation system is full; it is difficult to hire bus drivers. Mayor Ireland said Aspen needs to think about scaling back, Aspen does not have the resources to meet the needs of everyone who wants to come here - tourists or residents. Mayor Ireland said during the approval for the Ritz, Council was told this would save the shoulder seasons. The hotel is not open during the shoulder seasons. Mayor Ireland said he feels the city's land use code goes in the wrong direction. The land use code was fine when there was extra transportation capacity and land for affordable housing. Mayor Ireland said the city needs a land use code that recognizes Aspen is at capacity. Mayor Ireland said he could approve a smaller project to balance with the affordable housing, not a project that creates a shortfall. Mayor Ireland said town does not need a parking garage; it does not need heated streets. The project does not pay its own way in housing. Councilman DeVilbiss moved to suspend the rules and extend the meeting to 1 a.m.; seconded by Mayor Ireland. All in favor, motion carried. Mayor Ireland said traffic is gridlocked and the community has not enlarged the entrance to Aspen. Building 250 parking spaces seems an invitation to people to drive. Aspen cannot afford the impact of the extra traffic, the extra employees. Mayor Ireland reiterated he supports lodge rooms over town houses. Sarpa said the applicants tried to make the project as small as they could. Sarpa said they have used all resources to propose a building that can work in Aspen. The project cannot be made any smaller. The applicants have been as creative as they could. Roll call vote; Councilmembers DeVilbiss, no; Romero, yes; Skadron, yes; Johnson, no; Mayor Ireland, no. Motion NOT carried. Sarpa requested Council consider referring this issue to the electorate at the November election. Councilman Johnson said he has been elected to make land use decisions, not to refer it to the voters. Worcester noted Section 5.5 of the Charter allows Council to refer any question they feel appropriate to the voters. Councilmembers Skadron, Romero and Mayor Ireland said they are willing to listen to a ballot question proposal at the next Council meeting. Councilman Johnson moved to continue Ordinance #24, Series of2007, to August 27; seconded by Councilman Romero. All in favor, motion carried. Councilman Johnson moved to continue Resolution #53, Series of2007, to August 27; seconded by Councilman Romero. All in favor, motion carried. Councilman Johnson moved to adjourn at 12:15 a.m.; All in favor, motion carried. 19