OUTSTANDING
EMPLOYEE BONUS AWARD
· Resolution
#61, Series of 2007 – Calling Special Election November 6, 2007
· 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
ORDINANCE
#31, SERIES OF 2007 – Creation of Open Space & Trails Board
RSEOLUTION
#62, SERIS OF 2007 - Sunny Views Annexation
ORDINANCE
#28, 2007 – Cooper Avenue Pier Redevelopment
ORDINANCE
#29, 2007 – Wienerstube Subdivision
ORDINANCE
#5, SERIES OF 2007 – Lodge at Aspen Mountain Final PUD
Mayor
Mayor
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
3. Susan O’Neal
requested Council consider the issue of noise pollution, especially on
4. LJ Erspamer stated the corner 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. RFTA has more buses but does not have drivers
because they do not have housing. Ms.
Kronberg suggested Council request more cash-in-lieu from developers so that
the city could build more housing at
1. Councilman
Skadron complimented staff for their presentations at a recent work session;
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
6. Mayor Ireland congratulated Mike Maple for finishing 9th in the 100 mile bike race in Leadville and Biege Jones with two 3rd place finishes in bicycle races in Salida and in Gateway.
Councilman Johnson moved to approve the consent calendar; seconded by Councilman Romero. The consent calendar is:
All in favor, motion carried.
Councilman DeVilbiss moved to read ordinances #35, 34, 32, 33, Series of 2007; seconded by Councilman Skadron. All in favor, motion carried.
ORDINANCE
N0. 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
N0. 34
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ORDINANCE NO. 32
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ORDINANCE NO. 33
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
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.
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 attorney, noted the
ordinance grants to the engineering department the ability to waive certain
provisions of the CMP.
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
Brian Flynn, parks department, told Council in 2000 the voters approved a ½ 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
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.
Mayor
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
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.
Mayor
Councilman Johnson moved to approve Resolution #62, Series of 2007; seconded by Councilman Skadron.
The public hearing was opened.
Bill Weiner asked if this has been checked for hazardous
waste.
The public hearing was closed.
All in favor; Mayor
Mayor
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 of 2007 to August 27; seconded by Councilman Skadron. All in favor, motion carried.
Mayor
Jessica Garrow, community development department, told Council this is being continued at staff’s request.
Councilman Romero moved to continue Ordinance #29, Series of 2007, to August 27; seconded by Councilman Johnson. All in favor, motion carried.
Exhibit E is a memorandum from the applicant regarding staff
levels 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
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 of the 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 of land and the FAR is 1.87. Sarpa noted other lodge projects, Dancing Bear has an FAR of 2.97; 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 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 of the mountain back drop.
Sarpa said the highest point of the building is 55’; about 60% of the 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 of the 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
Sarpa said the applicants looked at transportation and
worked with
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
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 Little Nell is 2.28 employees/room and the St. Regis is 1.34 employees/room. Sarpa stated the applicants are willing to be audited in the 3rd 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 if there had been employee
audits. Sarpa said one was done for the
then-Ritz
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 of 73% 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
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
Mayor
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 kBtu/year 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 kBtu/square 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 of HVAC 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
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. 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
Mayor
Mayor
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. 1A 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
Jesse Boyce opposes the project and prefers the town homes. Valerie Macdonald said she is not in favor of redevelopment of 1A. 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 of the mountain. The building height has been reduced since then. The FAR is 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 of this project
is the same as it was when the property was purchased in 2002. Bill Heim,
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
Ruth Kruger said it is difficult to balance between comments
of people who want
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
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
Peter Green, broker for the project, told Council he has
owned businesses on
Jeff Gorsuch said he has 3 businesses in
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
Mayor
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
Sarpa told Council the hotel’s staffing guides are based on
2080 hours. Mayor
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 of time. 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 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 if the 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 if this 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
Mayor
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.
Councilman Romero noted the ordinance states the
reconstruction of
Councilman Romero said in the section about community benefits, one is $1/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.
Vann stated that the pool deck was not considered the face of a building. Vann 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 of the 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
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.
Mayor
Councilman Johnson asked if the locals 20% discount is all year, 24/7. 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 if there 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 of 2007, 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
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
Councilman Romero said this was the first portal for skiing
and how
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
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 of residential 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
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
Councilman Johnson said
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
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
Mayor