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HomeMy WebLinkAboutminutes.council.20000522Regular Meeting Aspen City Council May 22, 2000 PROCLAMATION - Memorial Day Observation .............................. 1 PROCLAMATION ~ Maurice Herzog Day ...................................... 1 CITIZEN PARTICIPATION ...................................................... 1 COUNCILMEMBER COMMENTS .............................................. 2 CONSENT CALENDAR ........................................................... 3 · Ordinance #16, 2000 - Supplemental Appropriation ..................... 5 · Resolution #61, 2000 - Yellow Brick Landscape Design/Build Contract ............................................................................. 5 · Resolution #62, 2000 - Roofing Inspection Contract ..................... 5 · Resolution #68, 2000 - Red Brick Roofing Contract - Stark Roofing .5 · Resolution #69, 2000 - Rio Grande Skateboard Park Grading Contract 5 · Resolution #70, 2000 - Calling for a Special Municipal Election, August 8, 2000 .................................................................... 5 · Ordinance #19. 2000 - Increase Food Sales Tax Refund From $39 to $50 ................................................................................... 5 · Request for Funds - Memorial Day Event ................................. 5 · Resolution #71, 2000 - Truscott Site Planning Contract - DHM Inc..5 · Resolution #72, 2000 - Truscott Architectural Design Contract - Ted Guy & Assoc ....................................................................... 5 · Ordinance #17, 2000 - Inventory of Historic Site and Structures ...... 5 ORDINANCE #53, SERIES OF 2000 - Code Amendment Mobile Telephones ............................................................................ 5 ORDINANCE #15, SERIES OF 2000 - DRACO Affordable Housing ..... 8 RESOLUTION #63, SERIES OF 2000 - Witz Annexation ................... 8 RESOLUTION #65, SERIES OF 2000 - Aspen Institute Vested Right Extension ............................................................................ 10 RESOLUTION #66, SERIES OF 2000 - Tipple Townhomes Extension of Vested Rights ....................................................................... 11 HISTORIC PRESERVATION GUIDELINES ................................ 11 RESOLUTION #64, SERIES OF 2000 - Supplement to Meadows SPA Agreemem ........................................................................... 13 ORDINANCE #18, SERIES OF 2000 - Code Amendment Growth Management Quota System ....................................................... 14 RESOLUTION #74, SERIES OF 2000 ~ Supporting Mick Ireland and the Democratic Process ................................................................ 16 RESOLUTION #60, SERIES OF 2000 - Cross Town Shuttle Contract .. 17 19 Regnlar Meeting Aspen City Council May 22, 2000 Mayor Richards called the meeting to order at 5:10 p.m. with Councilmembers Markalunas, Paulson, Hershey and McCabe present. PROCLAMATION - Memorial Day Observation Councilman Markalunas read a proclamation honoring those who served the United States, those who lost their lives and their families and proclaimed the last Monday in May each year as Memorial Day, a community day of remembrance and urged all citizens to participate in the observance of this day. A citizen thanked Council for this proclamation on behalf of all veterans and requested a member of Council read this proclamation at the Memorial Day celebration. This Thursday, a group will be placing flags on the graves of veterans in all 3 cemeteries. On Memorial Day there will be a service conducted by Richard Lyons and at 12:15 there will be an observance at the memorial on the Pitldn County Courthouse. There will be a dedication of a bench tothe memory of Claire Sanderson. This will be followed by barbecue at St. Mary's Catholic Church. A citizen requested a special permit application for this event be waived in perpetuity. PROCLAMATION - Maurice Herzog Day Mayor Richards and Council proclaimed June 3rd as Maurice Herzog Day in recognition of Aspen's city sister city relationship with Chamonix, France, and the contributions Herzog has made to mountaineering. CITIZEN PARTICIPATION 1. Don Policaro brought up the commercial property management companies operating on east Durant. Policaro said his original complaint was made in February. Spalding was issued a letter April 18 which gave him to May 18~ to comply. This company is operating out of a 2 bedroom condominium traditionally used for housing without replacing this housing. Policaro said the deadline has been extended to July 1st and this is too much time. Julie Ann Woods, community development department, told Council after they sent a letter to Spalding, staff received a reply from his attorney Regular Meeting Aspen City Council May 22, 2000 requesting clarifications. Staff underStandS that Spalding will manage the Chateau Roaring Fork starting July 1st and this will fall under accessory to the main use. There was a request for more fane to work out the details and staff gave them until July 1st. This is separate from the housing replacement issue, which the owner of the unit has been notified and he has to address this. Policaro told Council he researched Coates, Reid and Waldron and found that in 1974 they were a small company and all. buildings had their own laundry and storage areas. Policaro said all the traffic going down east Durant has created a safety issue in this neighborhood. There are over 150 car trips a day. Policaro said Coates, Reid and Waldron should move to a commercial spot and Spalding should have an accessory use. Mayor Richards said the city attorney's office will continue to investigate this. 2. Bob Madden said he has read about a comprehensive evaluation of the downtown core housing. Madden requested staff keep in mind evaluating storage of vehicles as well. COUNCILMEMBER COMMENTS 1. Mayor Richards asked staff to look into the crosswalk repainting. Randy Ready, assistant city manager, told Council this will be done this week. 2. Mayor Richards announced that Ordinance #15, DRACO, will be continued to June 12~ 3. Mayor Richards moved to add Resolution #76, Series of 2000, Supporting the Democratic Process and opposing Mick Ireland's recall; seconded by Councilman Paulson. All in favor, with the exception of Councilman Hershey. Motion carried. 4. Councilman Markalunas recognized Bernie and Louis Popish who have put flags on the graves of veterans for years. Councilman Markalunas commended Dan Glidden who has worked with the Boy Scouts to put flags and roses on graves of veterans in Aspen. 2 Reg. lar Meeting Aspen City Council May 22, 2000 5. Councilman Markalunas noted the EPA proposed reducing the sulfur content in diesel fuel by 97 % to provide for clean running tracks and buses. This action will help to reduce air pollution and is a step in the right direction. 6. Councilman Markalunas requested Resolution #60, Series 2000, Cross-town shuttle contract be pulled from the consent calendar and put on action items. 7. Councilman McCabe congratulated the Mother Puckers, state champions in their hockey league, and their coach. 8. Randy Ready, assistant city manager, announced the 3 candidates for police chief are in town. There is apress conference tomorrow at 12:30 and at 5 p.m. at the Aspen Club Lodge is an informal reception for these candidates. 9. Randy Ready, assistant city manager, requested Ordinance #17, Series of 2000, Inventory of Historic Sites and Structures be added as an emergency ordinance. David Hoefer, assistant city attorney told Council this will protect historic properties that are not currently on the inventory of historic sites and structures. People will not be able to get a demolition permit for any of the properties on this list. The inventory will have to be adopted by November 2000. Councilman Markalunas moved to add Ordinance #17, Series of 2000, to the consent calendar; seconded by Councilman Hershey. All in favor, motion carried. CONSENT CALENDAR Councilman Paulson moved to read Ordinance #16, 19, 17, Series of 2000; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE #16 Series of 2000 Reg. lar Meeting Aspen City Council May 22, 2000 AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $3,430,961; TRANSFERRING $18,000 FROM GENERAL FUND TO TRANSPORTATION FUND; APPROPRIATING WHEELER FUND EXPENDITURES OF $521,724; APPROPRIATING PARKS & OPEN SPACE FUND EXPENDITURES OF $639,635; TRANSFERRING $20,000 FROM PARKS AND OPEN SPACE FUND TO TRANSPORTATION FUND; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF $835,479; TRANSFERRING $17,500 FROM HOUSING/DAYCARE FUND TO THE GENERAL FUND; TRANSFERRING $5,000 FROM HOUSING/DAY CARE FUND TO TRANSPORTATION FUND; APPROPRIATING WATER FUND EXPENSES OF $798,951; TRANSFERRING $40,000 FROM WATER FUND TO TRANSPORTATION FUND, APPROPRIATING PARKING IMPROVEMENT FUND EXPENDITURES OF $149,353; TRANSFERRING $10,000 FROM THE PARKING IMPROVEMENT FUND TO THE GENERAL FUND; APPROPRIATING ELECTRIC FUND EXPENDITURES OF $390,042; APPROPRIATING TRANSPORTATION/PARKING FUND EXPENDITURES OF $1,132,024; APPROPRIATING GOLF FUND EXPENDITURES OF $83,398; APPROPRIATING RUEDI FUND EXPENDITURES OF $31,831; APPROPRIATING PARKS AND RECREATION BOND FUND EXPENDITURES OF $12,995,973 ORDINANCE//19 Series of 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 23.32.150(b) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO INCREASE THE AMOUNT OF FOOD SALES TAX REFUND FROM $39.00 TO $50.00 ORDINANCE #17 Series of 2000 AN ORDINANCE 4 Re?lar Meeting Aspen City Council May 22, 2000 The consent calendar is: · Ordinance #16, 2000 - Supplemental Appropriation · Resolution #61, 2000 - Yelloxv Brick Landscape Design/Build Contract · Resolution #62, 2000 - Roofing Inspection Contract · Resolution #68, 2000 - Red Brick Roofing Contract - Stark Roofing · Resolution #69, 2000 - Rio Grande Skateboard Park Grading Contract · Resolution #70, 2000 - Calling for a Special Municipal Election, August 8, 2000 · Ordinance #19, 2000 - Increase Food Sales Tax Refund From $39 to $50 · Request for Funds - Memorial Day Event · Resolution #71, 2000 - Truscott Site Planning Contract - DHM Inc. · Resolution #72, 2000 - Truscott Architectural Design Contract - Ted Guy & Assoc. · Ordinance #17, 2000 - Inventory of Historic Site and Structures Councilman Hershey moved to adopt the consent calendar as amended; seconded by Councilman McCabe. Mayor Richards requested the Memorial Day funds by an annual grant of $200 to pay for the flags, special event permits. This will be included in Council's budget. All in favor, motion carried. ORDINANCE #53, SERIES OF 2000 - Code Amendment Mobile Telephones 5 Regular Meeting Aspen City Council May 22, 2000 Assistant City Attorney David Hoefer reminded Council last November they had first reading of a code amendment to prohibit use of mobile phones in vehicles that are moving unless for emergency purposes. In the 6 months since first reading, the industry was given a chance to educate the public on safe driving. The police department was to keep track of accidents over the last 6 months and of the 304 accidents, one was directly cell phone related. The police department feels there are other traffic statutes available to cite people who drive in a reckless manner while using a cell phone. Rick Sullivan, AT&T, presented exhibits and noted that safety is becoming a competitive issue amongst the cell phone providers. Sullivan entered into the record letters from Voicestream and Western Wireless. Sullivan entered into the record a video of a television ad that has been running in the Aspen market, a tape of a radio ad, a letter send to customers including a newspaper ad that has been running, as well as a safety brochure, "Safety Your Most Important Call". Sullivan told Council today Cellular Telephone Industry Association put on the beginning of the national campaign for wireless safety. Sullivan said there is a $9 million media wide, across all 50 states, advertising campaign to continue through 2001. Cheryl Wright, Sprint/PCS, told Council every cell phone company has a national safety program. Sprint has won a national award for their safety program. Ms. Wright said the safety flyers are included in their billings and in their retail stores. Bonnie Pell Pedersen, US West, said they are also conducting a safety first campaign. Neither Sprint nor US West offers service in Aspen. There is a local safety campaign before service begins. US West also mails safety brochures to their customers. Sue Capelle Collin. Cellular Sue, said she tells new customers all the safe ways to use cell phone while driving. Lloyd Brown, Nextel Communications, told Council they support all the safety standards and feel safety is one of the most critical issues for the success of mobile telephones. All new Nextel customers receive calls from a training group that will go out on site and teach one how to use a cell phone safety and show what is distracted driving. Mayor Richards opened the public hearing. 6 Regular Meeting Aspen City Council May 22, 2000 Tim Anderson said the campaign put on by cell phone providers had no reference to driving and talking on the phone. Cell phone adds another level to distraction and driving. In the city limits of Aspen there are many, many distractions and more people talking on phones while driving. Anderson said this ordinance only limits talking on cell phones and driving within the city limits of Aspen. Anderson suggested a sign at the entrange to town telling people to hang up their phone and drive. Andrew Kole said the police department does not feel they can enforce this ordinance. Kole suggested raising the fine and increasing the enforcement. Cheryl Wright said from a mother's perspective it is important to know children can reach their parents. Ms. Wright said many mobile phone users try to be safe while driving and there is an education program to increase the awareness of safety. Sullivan said driving is a privilege and a responsibility. Good driving runs deeper than just not talking on a cellular telephone. The education campaign should bring heightened awareness to what safe driving truly is. Mayor Richards closed the public hearing. Councilman Paulson asked if the providers require their employees to sign off on the safety campaign so it becomes part of their spiel while selling the phones. Sullivan said employees are not required to sign anything. Councilman Hershey read statistics from inattentive driYers that cause accidents; leading causes spilling coffee, breaking up a fight between kids, wiping off cigarette ashes, using a computer, talking with someone in the back seat and last, talking on the cell phone. Councilman Hershey said there are already laws on the books stating when one is inattentively driving, these can be cited. Councilman Hershey said this ordinance seems to be more against a stereotypical cell phone user than safety. Councilman Markalunas suggested a campaign of "Don't Dial and Drive" or let your buddy to the talking. Councilman Markalunas said it is imPortant to use good common sense. Councilman Markalunas agreed it is difficult to legislate responsible driving. Councilman McCabe said he is opposed to this ordinance for reasons already stated and it is micro- management. 7 Regular Meeting Aspen City Council May 22, 2000 Mayor Richards said it is good this legislation was brought forward and allowed Council to discuss philosophy of law enforcement and responsibility and also to address public safety. Mayor Richards said without the comprehensive safety and education program started by cell phone providers, she would be most supportive of this ordinance. Mayor Richards said it takes a longer time than 6 months to change behavior. Councilman Hershey said his willingness to defeat this ordinance is the understanding that the industry will continue with an educational program. Councilman Paulson requested Council continue this ordinance until September so that the community can see a longer time of this advertising and public awareness campaign. Councilman Paulson moved to continue this ordinance to September. Motion DIES for lack of a second. Councilman Hershey moved to deny Ordinance #53, Series of 1999; seconded by Councilman McCabe. Councilman Paulson stated he hopes the public awareness campaign will continue as mobile phones are a distraction and a danger to driving. Sullivan said he will continue to send copies of the ad campaign to Aspen. Councilman Markalunas said there are serious problems with distracted drivers. Councilman Hershey amended his motion to approve Ordinance #53, 1999; seconded by Councilman McCabe. Roll call vote; Councilmembers Markalunas, no; McCabe, no; Paulson, yes; Hershey, no; Mayor Richards, no. Motion NOT carried. ORDINANCE #15, SERIES OF 2000 - DRACO Affordable Housing Councilman McCabe moved to continue this to June 12, 2000; seconded by Councilman Markalunas. All in favor, motion carried. RESOLUTION #63, SERIES OF 2000 - Witz Annexation 8 Regular Meeting Aspen City Council May 22, 2000 David Hoefer, assistant city attorney, noted public notice has been given according to state statutes; the parcel has not been subdivided for annexation purposes; there is one-sixth contiguity; a commonality of interest exists; the landowners consent to this annexation; this will not extend the boundaries of the city of Aspen more than 3 miles. Mayor Richards opened the public hearing. Jim Moran, 688 Spruce adjacent property owner, said he will oppose this annexation and further land use approvals unless there is a provision made for alleviating the drainage problem down Spruce street. The applicant created this problem when a private drive above was paved. This problem has existed since 1998. Moran told Council he had discussed this problem with the applicant, the city, the developer of Silverlode and his attorney, and with the county engineer: Moran said this is where Spruce street turns right and goes up the hill. The city/county line is across that intersection and no one takes responsibility for this. Moran said gravel and debris comes down his driveway from above. Moran said this annexation will bring the entire intersection into the city. Moran told Council at the Smuggler neighborhood meeting, he brought up this problem and was told there may be some action on this problem by this summer. Moran said the drainage is not accommodated in any way. Moran read a letter from Cecil Lewitz about this lot split. Moran said something has to be done about the drainage. Mayor Richards pointed out this public hearing is about the statutory requirement for annexing property into the city. Mayor Richards said this intersection will be entirely in the city and would like a report from the city engineer on this issue as the application moves forward. Julie Ann Woods, community development department, told Council this is the first hearing on whether this property is eligible for annexation. There will be an ordinance with a public hearing on to finalize any action. Councilman Panlson asked if this is annexed, will curb and gutter installation be the developers or the city's responsibility. Ms. Woods said this depends on the size of development and can be addressed in a subdivision agreement. Councilman Hershey moved to adopt Resolution #63, Series of 2000, annexation of Witz property; seconded by Mayor Richards. 9 Regular Meetine Aspen City Council May 22, 2000 Councilman Markalunas asked if any of the runoff gets into the Salvation Ditch. Moran said this is too far away from the ditch. Roll call vote; Councilmembers McCabe, yes; Markalunas, yes; Paulson, yes; Hershey, yes; Mayor Richards, yes. Motion carried. RESOLUTION #65, SERIES OF 2000 - Aspen Institute Vested Right Extension Nick Lelack, community development department, told Council this would approve an extension of vested rights for 3 years. Lelack reminded Council the city approved the Aspen Meadows SPA development plan and within that approval was a development right for a building with 12 lodge rooms. This is the 3~d request for an extension from the Institute. Lelack said the reason for this request is that during the 1990's the Institute did many major projects, which took up both time and money. The Institute plans to begin a capital fundraiser for this improvement. Staff recommends approval including the finding that the Aspen Institute benefits the community in a number of ways. Lelack recommended condition #2 be changed from "all land use code amendments" to reflect just the outdoor lighting ordinance. Councilman Markalunas said the Aspen Institute has been good about subdued lighting on their grounds. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Markalunas said during the SPA process there was concern from the neighbors about delivery vehicles. Councilman Markalunas said the big issue is the size of the delivery vehicles. Amy Margerum, vice president Aspen Institute, said this was discussed during the approval process; however, there is no transfer facility for delivery vehicles. Ms. Margerum noted the Institute is complying with the stated routes and delivery hours. Councilman Markalunas moved to approve Resolution #65, Series of 2000, with amended condition #2; seconded by Councilman Paulson. Roll call 10 Regular Meeting Aspen City Council May 22, 2000 vote; Councilmembers Hershey, yes; Markalunas, yes; Paulson, yes; McCabe, yes; Mayor Richards, yes. Motion carried. RESOLUTION 1/66, SERIES OF 2000 - Tipple Townhomes Extension of Vested Rights David Hoefer, assistant city attorney, pointed out that this resolution will have the same correction in condition//2 as the previous resolution. Fred Jarman, community development department, said this resolution approves a 20-month extension of vested rights. The Tipple Townhomes was originally approved in 1998. Jarman reminded Council this application was for 4 free market and 4 deed restricted units. After the original approval, a neighbor filed a lawsuit that took 21 months of litigation and no progress on the development occurred. This request will extend the expiration dates of the vested rights to February 2003 adding that 21 months back. Mayor Richards opened the public hearing. There were no comments. Mayor Richards closed the public hearing. Councilman Hershey moved to approve Resolution//66, Series of 2000, as amended in condition #2; seconded by Councilman Paulson. Roll call vote; Councilmembers McCabe, yes; Markalunas, yes; Paulson, yes; Hershey, yes; Mayor Richards, yes. Motion carried. HISTORIC PRESERVATION GUIDELINES David Hoefer, assistant city attorney, said there will be an ordinance later to adopt these guidelines. Council is to review these and makes comments on their adequacy and appropriateness. Nore Winter, design consultants, told Council there have been design guidelines, the last one about 8 years old. The current document lacks details and illustrations. HPC feels there is a need for written guidelines to help make consistent decisions and to assist the city in enforcing these decisions and to provide information in advance. The objectives were to clarify the existing policies. HPC has an accumulated body of decisions 11 Regular Meeting Aspen City Council May 22, 2000 about historic preservation matters that help form the basis of the guidelines. The guidelines are educational as well as regulatory. The guidelines should also provide some technical restoration assistance. Winter told Council there were two public work sessions and a focus group session with representatives from the design and construction industries. HPC has spent many hours working over the details of this document. Winter said they photographed and analyzed existing conditions to describe the character of the commercial core and historic district. Winter said he reviewed the existing guidelines for ideas and for consistency of policy. They also worked with the Secretary of Interior's standards, which are the basis for guidelines throughout the country. Winter explained the organization of the guidelines. Winter said a basic principle about preservation is that the key character defined features of a building should be preserved. Confusion can occur when owners and Commission do not think the key characters are the same. There is a section in the guidelines that describe the typical elements of each of the building styles. Winter said there is a lot of detail in the guidelines; however, no project will involve all chapters in the guidelines. Winter noted provisions and sections of the Guidelines and how they will be used. Winter said the Main Street Guidelines draw on the Sanborn pattern of single family housing. The last chapter has illustrations of transitional buildings that reflect historic character with a residential image. Winter noted in the commercial core historic district creative solutions to help fill in open spaces is encouraged~ The important things the guidelines try to accomplish are to make sure the key features of properties are described as these are a basis for determining what is appropriate. The guidelines articulate the goals for preservation. The guidelines are designed to be updated and to apply to projects no matter what the size. Hoefer, assistant city attorney, said the guidelines should be referenced in the land use code. Suzannah Reid, chair HPC, told Council they have worked very hard on these guidelines and are proud of the product. Ms. Reid said this would be a good tool for the Commission to achieve consistency. 12 Regular Meeting Aspen City Council May 22, 2000 Councilman Markalunas said he is concerned about lot splits to encourage historic preservation and a result a bnilding is approved that is not complimentary to the adjacent historic property. Amy Guthrie, community development department, said with a lot split, there is a change to the site by allowing a second new structure, but this avoids a 4,000 square foot addition to a cottage. Councilman Hershey asked if there is a concern about reorientation of rooms in historic structures. Ms. Guthrie said this is addressed in the guidelines so that people do not abandon the use of the historic structure and only use the new structure. Councilman Paulson asked the cut off of years for historic preservation. Ms. Guthrie said this has been 50 years; however, staff is looking at buildings 30 less old or less if they are very significant. Councilman Paulson noted the city if working on floor area reduction and these two should be compatible. Winter said they should be compatible as there are no specific sizes or floor areas referred to in the historic guidelines. Councilman McCabe said his concern is that there be flexibility in approaching certain modern problems in historic buildings, like screens on windows or air conditioning. Julie Ann Woods, community development department, said staff is very concerned about losing some of the newer architecture and Council passed on emergency ordinance earlier to address this. Ms. Woods said these gnidelines will give the HPC the ability to say that a development is inappropriate and why it is. Mayor Richards said she feels is this a valuable document. Mayor Richards moved to direct staff to prepare a land use code amendment referencing the historic preservation guidelines finding that the guidelines are appropriate and merit the historic preservation efforts in the city; seconded by Councilman Markalunas. All in favor, motion carried. RESOLUTION #64, SERIES OF 2000 - Supplement to Meadows SPA Agreement Sarah Oates, community development department, told Council part of the 1992 SPA Meadows agreement, 4 free market lots were to be developed on site. These are 12,000 square foot lots with an FAR of 4,540 square feet including an ADU which is requi/ed to be deed restricted to 13 Regular Meeting Aspen City Council May 22, 2000 mandatory occupancy and to house a low income worker per the housing office guidelines. The applicant's request to replace that requirement by providing an off-site housing unit that will be added to the housing authority units and to maintain the ADU on lot 7 as a voluntary ADU. Frances Krizmanich, representing the applicants, told Council the buyers would like to be able to have a caretaker rather than someone they do not know. Krizmanich told Council the SPA allows amendment either for cash-in-lieu or purchase of a replacement unit. Krizmanich told Council the applicants prefer a replacement unit. Krizmanich said he feels an off- site unit controlled by the housing authority works better than a housing authority unit within a single-family house. Krizmanich said lot 7 is the only one of the 4 that did not get approval for a detached ADU. This request is only for lot 7 where the ADU is part of the house. Councilman McCabe said he would like an amendment to make sure it is explicit which unit is on-site and which unit is off-site. Mayor Richards said she much prefers a lived in unit and this seems to satisfy both the owners and the city. Councilman Paulson said he would prefer a restriction that the owners have to maintain someone in the caretaker unit 10 to 12 months a year. Councilman McCabe moved to approve Resolution #64, Series of 2000, conditioned upon amending the language to state "the on-site unit" and "the off-site unit"; seconded by Councilman Hershey. Roll call vote; Councilmembers Markalunas, no; Hershey, yes; Paulson, yes; McCabe, yes; Mayor Richards, yes. Motion carried. ORDINANCE #18, SERIES OF 2000 - Code Amendment Growth Management Quota System Councilman McCabe moved to read Ordinance #18, Series of 2000; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE # 18 Series of 2000 14 Regular Meeting Aspen City Council May 22, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND THE AFFORDABLE HOUISING PROVISIONS OF THE GROWTH MANAGEMENT QUOTA SYSTEM, SECTION 26.470 OF THE LAND USE CODE Chris Bendon, community development department, reminded Council the quota system caps the annual residential allotments at 43 units per year. This has been in effect since 1993. Bendon noted the recently adopted AACP sets forth a'higher rate of growth for affordable housing. This code amendment would allow a greater growth rate for affordable housing, eliminate the 43 units per year and revert to the overall ceiling of 550 units available in the metro area. Pitkin County has taken the same approach and adopted an amendment. Bendon pointed out the amendment also clarifies that reviews done by the housing authority are administered by the housing authority executive director and not by community development department staff. Bendon told Council P & Z recommendation differs from staff in that they recommend keeping the 43 unit per year cap but allowing "exceptional" and COWOP projects to be taken out of the total and not affect the 43 annual allocation. P & Z also recommended changing the process by which Council, requiring a growth management review makes affordable housing exemptions. This was eliminated from the code last year. Staff does not agree with P & Z. The process for affordable housing projects needs to be simple, short, not overly expensive, and Council should have the authority to grant whatever allotments necessary to see projects come about. If there were a cap, housing project would have to go through the scoring procedure with the GM Commission and final authority is given to the GM Commission, not Council. Bendon said P & Z was concerned that there be planning check in, how a property can best serve the goals in the AACP. Councilman Markalunas questioned what effect this will have on construction traffic by lifting restrictions and is there a way to control this. Bendon said staff does not a huge flux of applications by lifting the cap. Bendon told Council through the land use approval process, they will have to opportunity to request accommodations be made for construction impacts. Councilman Paulson asked if the cap goes back into place once 15 Regular Meeting Aspen City Council May 22, 2000 the 550 units is reached. Bendon said there will be a new cap and processes put into place next year. Councilman Paulson said he does share some P & Z concern on being left out of the process. Councilman Hershey moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Mayor Richards. All in favor, motion carried. Councilman McCabe moved to adopt Ordinance #18, Series of 2000, on first reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Hershey, yes; McCabe, yes; Paulson, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. RESOLUTION #74, SERIES OF 2000 - Supporting Mick Ireland and the Democratic Process Mayor Richards read the resolution and stated she feels it importam Council express their views before the recall election. Councilman Paulson moved to approve resolution #74, 2000; seconded by Councilman McCabe. Councilman Markalunas said he has a problem with the wording in section 1, "request that citizens not sign recall petitions". Councilman Markalunas said he would prefer to have this reworded in the positive as citizens have the right to petition as guaranteed by the Constitution. Councilman Hershey said the resolution talks about democratic process; however, the democratic process does include the right to petition recall of an officers. Councilman Hershey said he supports the democratic process and he will vote against this as a support of that process. Councilman Markalunas said he is opposed to this recall as it is divisive; however, he agrees there is a right m petition and it should not be taken away from citizens. Councilman Markalunas said he would prefer to see the language indicate that citizens should only sign recall petitions when officers have committed serious offenses. Councilman McCabe agreed. Mayor Richards moved to delete Section 1 from the resolution and renumber the other sections; 16 Regular Meeting Aspen City Council May 22, 2000 Councilman Panlson suggested that this resolution address all elections, not just the primary election in August. Mayor Richards amended the motion to add "November election and regularly scheduled municipal election"; seconded by Councilman Markalunas. Councilman McCabe requested "the greater good" and just have it state "consider the community good". Mayor Richards amended the motion to include the above; seconded by Councilman Markalunas. Roll call vote; Councilmembers Hershey, no; Markalunas, yes; McCabe, yes; Paulson, yes; Mayor Richards, yes. Motion carried. RESOLUTION//60, SERIES OF 2000 - Cross Town Shuttle Contract Councilman Markalunas supports and uses the cross town shuttle; it is a great benefit. Councilman Markalunas said his concern is the economics of the service. The cost is $5.80/rider. Councilman Markalunas said he would like to explore other options and interest from other operators. Councilman Markalunas said the service needs to be monitored to make sure the drivers perform up to city standards of timeliness and demeanor. Councilman McCabe said the pick up and drop off fees are $72/day. These might be cut in half by not bringing the vehicle back to the bus barn every day. Councilman McCabe encouraged staff to look into this. Randy Ready, assistant city manager, said these fees are so high because it takes two RFTA employees to effect the drop off. Mayor Richards suggested looking into refueling at the city facility and leaving the vehicles at Truscott rather than going to the RFTA barn. Mayor Richards said she has encouraged RFTA to look into a housing program for their employees so they will have a more stable pool of employees. Mayor Richards said Council might also look at units at Burlingame or Truscott for RFTA employees that will run the cross town shuttle. Councilman Markalunas moved to approve Resolution//60, Series of 2000; seconded by Councilman Paulson. All in favor, motion carried. Councilman Markalunas moved to go into executive session for litigation purposes; seconded by Councilman Hershey. All in favor, motion carried. 17 Regular Meeting Aspen City Council May 22, 2000 Councilman McCabe moved to come out of executive session at 10:25 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Council. man Hershey moved to adjourn at 10:25 p.m.; seconded by Councilman Markalunas. Ail in favor, motion carried. 18