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HomeMy WebLinkAboutminutes.council.19970527Asoen City Council Regular Meetin~ May 27, 1997 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Waggaman and Richards present. PROCLAMATION - Arbor Day Mayor Bennett and Council proclaimed June 5 Arbor Day and urged all citizens to care for trees and woodlands and to support Aspen's community forestry program. Rebecca Schickling, assistant parks director, said Arbor day and this resolution emphasize the community' s support of trees and how important trees are to Aspen. Arbor day is a celebration of the community celebrating trees. Ms. Schickling told Council in order to achieve Tree City USA, there has to be a proclamation recognizing a day to plant a tree and celebrate the trees within the city as well as a tree management program for the city. Ms. Schickling said the budget for the city' s tree management is about $30,000 annually. To meet the Tree City USA criteria, a city needs to spend $2/per capita based on population. Aspen' s population is 5,000 so we are more than meeting that requirement. Ms. Schickling told Council the city had a tree inventory done in 1992 and 1996. The city hired the state forest service to walk all around Aspen to do an evaluation of all the street trees. Ms. Schickling said the value of the street trees is $4,000,000. In the comparison of these two inventories, 200 street trees have been added for a total of 2200. Ms. Schickling told Council as part of the evaluation the health of the city' s street trees was examined. Part of the tree management program is to trim out some of the dead trees and limbs, which helps the health of all the street trees. Ms. Schickling said this trimming program helped the overall health of the city' s trees to go from 70 percent in good to excellent condition to 80 percent in good to excellent condition. CITIZEN COMMENTS There were none COUNCILMEMBER COMMENTS Asoen City Council Regular Meetin~ May 27, 1997 1. Mayor Bennett noted the headline in one of the daily papers stated that sales are growing in Aspen higher than in Vail. Mayor Bennett said the message is that Aspen is doing something right. Vail has grown faster than Aspen; however, Aspen' s sales tax is very healthy. Keeping Aspen small and retaining the character and historic neighbors is paying off. 2. Steve Barwick, assistant city manager, requested Council take Ordinances #19, Hines/Highlands Water Service Agreement and Ordinance #20, 1997, Moore Water Service Agreement off the consent calendar and make them first on action items. 3. Steve Barwick, assistant city manager, requested Council add to the consent calendar request for fitnds, $600 for the James Kunstler speech. Councilwoman Waggaman moved to add to the consent calendar the request for $600 from contingency for the Kunstler speech; seconded by Councilwoman Richards. All in favor, motion carried. 4. Steve Barwick, assistant city manager, asked if there were any public comments on RFTA Resolution #4. There were none and it stays on the consent calendar. 5. Councilwoman Richards moved to take Ordinance #18, Series of 1997, off the agenda and put it on June 9 for first reading. Council also moved Resolution #40, Aspen Club Temporary Use Permit to the public hearing section. CONSENT CALENDAR Councilwoman Waggaman moved to read Ordinances #21 and 22, Series of 1997; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #21 (Series of 1997) 2 Asoen City Council Regular Meetin~ May 27, 1997 AN ORDNANCE ADOPTING THE 1997 AFFORDABLE HOUSING GUIDELINES AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY ORDINANCE #22 (Series of 1997) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, WAIVING THE PARK DEDICATION FEES FOR THE APPROVED REDEVELOPMENT OF 303 E. MAIN STREET, PURSUANT TO SECTION 26.44.060 OF THE ASPEN MUNICIPAL CODE were read by the city clerk Councilwoman Waggaman moved to adopt the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: Resolution #31, 1997 - Mall Restaurant Leases - approved leases for Flying Dog Brew Pub, Red Onion, Camavale, Pacifica and Acme Bar and Grill for summer 1997 Resolution #32, 1997 - Contract for Sprayer Purchase approved purchase of two fertilizer sprayers for the golf course and parks department Resolution #33, 1997 - Golf Course Contract - approved phase II of the remodel at the Tenth Hole Building for golf course offices and conference space Resolution #35, 1997 - CDOT Contract - Micro Seal HWY 82 - approved contract to micro seal Main street from Cemetery Lane to Original Curve 3 Asoen City Council Regular Meetin~ May 27, 1997 Resolmion #37, 1997 - 1997 Water Plant Improvements - Reams Construction - Approved a contract for phase I of construction at the Water Plan RFTA Reso #4, 1997 - Budget Amendment - approved fitnds transfer to allow purchase of a state of the art, digital-capable, wide area tmnked radio system for RFTA Resolmion #38, 1997 - Streets Equipment Purchase Contract - Approved purchase of a front end loader Resolmion #39, 1997 - Waiver of Land Use fees for 1230 E. Cooper - Approved waiver of land use fees of $1,002 for a project that was not approved Resolution #41, 1997 - 1996 Growth Management Scores - Accepted the scoring recommendation from the Growth Management Commission allotting 11 tourist accommodations to the Aspen Highlands Project Ordinance #21,1997 - Housing Guidelines - Approved on first reading with public hearing on June 9. There are a series of amendments to the existing guidelines Ordinance #22, 1997 - Waiver Park Dedication Fees - 303 E. Main - Approved on first reading with public hearing on June 9. This waive $2725 of park dedication fee for an affordable housing/historic landmark structure Transportation Funding - Apprised Council of the expenditures from the $200,000 set aside in the 1997 Transportation budget for entrance-to-Aspen and federal fitnding effort expenses Iselin Park Tennis Courts & Pedestrian Trail Re-Surfacing - Approved a contract change order with Elam to restore 4 tennis courts at Iselin Park and rehabilitate the golf course and Marolt trails Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #14, SERIES OF 1997 - North and Eighth Street Vacations Joe Wells, representing the applicant, showed the proposed area for vacation on the east side of the 8th street old Meadows road right-of-way. The map shows the single family residences, the existing rights-of-way, the roads, and some existing 4 Asoen City Council Regular Meetin~ May 27, 1997 open space. Wells pointed om this is the somhern end of the race track area at the Meadows. Some property was transferred to the Marquesses in partial consideration of the grant of right-of-way across their property. Wells said the history of this vacation request goes back to the mid-1980's. After the Meadows redevelopment was approved, the Marquesses granted a right-of-way to create the new Meadows road. Wells said after the Meadows development, all the owners in block 7 and 8 filed a vacation request for North sand Eighth streets. This was approved for North street. A property owner sued the city over the compromise connection to the Meadows. The Marquesses were asked to wait on filing their vacation request until after the litigation was settled. Wells told Council the Marquesses have agreed to preserve a 25 foot utility easement; they have also agreed to expand to 25 feet the existing easement off their property and to the North; they have also agreed to offer an area for snow storage. Wells told Council the indicated rights-of-way have never been opened nor used for their intended purpose other than for existing water mains. These will be the subject of an easement. Wells said the historical rights-of-way are adequate to meet the needs of the neighborhood. The Marquesses accepted considerable impact on their property by allowing the compromise connection. Wells pointed out the city is not losing any significant rights. The Marquesses are not gaining any development rights through this; they do not get any claims of FAR credit; vacated lands cannot be used for open space. Councilwoman Richards asked if this changes the sideyard setbacks. Wells said it will allow the properties to be developed internally; it would move any construction away from the roads. Wells told Council the FAR limitation on the Marquesse parcel is 3200 square feet and the existing house is very close to that. The FAR for the guest house parcel is 3,000 square and there may be expansion allowed. The undeveloped parcel has an FAR allowance of 2,000 square feet. Mayor Bennett opened the public hearing. John Schuhmacher, neighbor, told Council he supports this application. John Doremus, neighbor, also supports vacation of this street. Jim Markalunas, neighbor, also supports the application and urges Council to do long range planning for circulation the area. Aspen is based on a grid system and this area is very jerrymandered. Asoen City Council Regular Meetin~ May 27, 1997 Mayor Bennett closed the public hearing. Councilwoman Waggaman said she is generally opposed to vacating any property as no one can judge what will happen in the fitture or what property will be needed. John Worcester, city attorney, told Council the city has been very carefill of granting vacations; there have been less than 20 over the past 100 years. Councilwoman Richards moved to adopt Ordinance #14, Series of 1997, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #15, SERIES OF 1997 - Energy Code Revisions Larry Doble, building department, told Council this ordinance amends the original energy code adoption with some housekeeping issues. Doble said under the energy code, staff has reviewed 181 energy related projects. Doble told Council these projects have saved enough energy to heat eleven 2,000 square foot houses. Doble said staff has given classes, done shows on Grassroots and sent two mailers to contractors. Mayor Bennett opened the public hearing. Vitasha Kirchen asked if there is protection from condominium boards for homeowners who have done energy conservation and been told they cannot do them or to put it back the way it was. Doble said there is not; however, this is an interesting issue and staff will address it. Mayor Bennett closed the public hearing. Mayor Bennett thanked the building department for the energy code and work related to it. Aspen should be proud of the innovative energy code. Councilwoman Waggaman moved to adopt Ordinance # 15, Series of 1997, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #16, SERIES OF 1997 - 6 Asoen City Council Regular Meetin~ May 27, 1997 Chris Bendon, community development department, reminded Council the Aspen County Inn was to be demolished as part of the Maroon Creek P UD. In annexation to the city, this was rezoned as park and open space. During annexation, the city entered into an agreement with the owner to purchase this property and redevelop it as affordable housing. The applicant is the housing attthority; they are requesting rezoning, PUD and subdivision approval, exemption from GMQS for 40 affordable housing units, approval of the method in which housing units are to be provided and a waiver of the land use and park dedication fees. Bendon said this is proposed to be 100 percent affordable housing, deed restricted to category 1 and 2, priority given to qualified seniors for 24 to 40 of the units. Bendon noted in the absence of a qualified senior, a qualified resident shall be allowed to rent a unit. Bendon said the growth management commission reviewed this application and recommended to Council they exempt from the competition 40 affordable housing units. P & Z also reviewed this application and recommended approval. Bendon told Council the applicant has asked to combine the PUD into a one-step approval, which staff approved. Subdivision is reviewed by P & Z and by Council. Bendon noted the units are deducted from the growth management allotments; however, Council can exempt these from the scoring procedures. Bendon said the park dedication fees are based on the number of units and would be $84,000 if not waived. The land use fees would be $3500. Bendon said there have been questions about alignment and entry to the development. Bendon said currently there are two entrances; one to the Aspen Country Inn and one to the Pomegranate condominiums. Bendon said the entrances will be combined straight to the Aspen Country Inn. Bendon said the Pomegranate homeowners are opposed to a entry with a common boundary entrance. Bendon told Council the final decision regarding any entrances off highway 82 lies with CDOT. Bendon read condition #27, "The project shall consist of 40 affordable housing units deed restricted to categories 1 and 2. Priority shall be given to qualified seniors for between 24 and 40 of these units. In the absence of a qualified senior, a qualified resident shall be allowed to occupy the unit". Bendon said there have been questions about the process for vacant units. Bendon said the policy of the housing attthority is not to displace current renters if someone more qualified comes along. Staff feels this policy is appropriate for the Aspen Country Inn. 7 Asoen City Council Regular Meetin~ May 27, 1997 Bendon told Council staff had an informal session with local architects to discuss the building and specific architecture. Bendon passed out a summary of the meeting and the points that came out of that meeting. Bendon also passed out a proposed amendment from the work session. Bendon said the building can be broken up with porches. This is an inexpensive addition which could also improve the livability of the units. Bendon noted the parking can be pulled away from the building to allow for a planting area and for separation between cars and the building. Bendon said the group discussed the existing pyramid element, which is proposed for demolition and reconstruction. Bendon said the height restriction in the ordinance may be too restrictive to allow creativity. Bendon said fitture considerations are covered parking and a berm between the building and the highway. Bendon said the ordinance contains a literal definition of the existing pyramid as an envelope that could not be expanded. Bendon said if this is the interesting element of the building, that is too restrictive. Bendon proposed for 6(b), "30 feet at the peak of the original lobby area, 11 feet at the eastern most edge of the building, and 22 feet at the point 20 feet from the eastern edge of the building, 30 feet the remainder of the original lobby and 22 feet for all other residential wings". This preserves the original view line. Bendon said this definition is to allow other than a pyramid envelope. Councilwoman Waggaman said she does not feel that every building has to be a monument. This building does not need a significant landmark element. Mayor Bennett said he likes the recommendations. Dave Tolen, housing director, reminded Council they directed staff to explore a mixed senior and non-senior project. The original language was to reserve between 24 and 40 units for qualified seniors. Tolen said after discussions with the Pomegranate homeowners and with seniors, he recommends changing the language to give preference for all 40 units to seniors. If units are not rented to seniors, then they would be available to non-senior qualified working residents. Vacancies would be offered to seniors first and after a 30 day period to a non-senior qualified resident. Tolen told Council if they are interested in this, he has language to amend the ordinance. Tolen said the intention is to pm language in the PUD to be able to build buildings that will meet the needs as orelined by the seniors. Tolen pointed om the PUD application agrees the visual impact of the new or remodeled structure will be no greater than the existing structure withore written approval from the adjacent homeowners. This also says there will be no more than one non-senior renting any bedroom, which is consistent with the housing office' s guidelines for rental. This Asoen City Council Regular Meetin~ May 27, 1997 does not apply to seniors. Tolen said the city will accept the prior approvals for garages for the Pomegranate homeowners. Tolen said the agreement states the city will convey to CDOT the strong preference for the alignment of the highway on the north side of the existing alignment. Steve Barwick, assistant city manager, pointed out the earlier language talked about communicating the preference to CDOT for a north side alignment in a letter. This agreement goes beyond that and specifies a remedy, which is if the city changes it position to favor a south alignment, the housing at the Aspen Country Inn shall be eliminated and the building will be demolished within 180 days. Barwick said this is a critical issue for the Pomegranate homeowners. This is only if the city changes their mind about the alignment. Tolen said it is possible that financing for a senior housing or rental project may not be available. There is a competitive process for federal housing tax credits. Tolen said if this project does not receive an allocation for tax credits, a senior housing project may not be financially feasible without increase in city subsidy. The backup plan would be to go back to an ownership project which leaves the building as is without reconstruction. The Pomegranate homeowners would get one of the unit under a prior agreement. This change is a reduction of the physical impact and the density of the project. Staff would like this to be a minor amendment, approved by the community development director. Tolen told Council to be consistent with the federal guidelines, the units have to be restricted to incomes no greater than 60 percent of area median income. Councilwoman Richards said she would not approve waiving the park dedication fees. The city has not waived park dedication fees for any other affordable housing projects as there are impacts from on parks, open space and trails from these projects. Councilwoman Waggaman agreed she would like to be consistent. Tolen noted there is little impact on the community from this project; it is a renovation, not a new project. There is also substantial open space on the parcel, more than is required. However, not waiving it is consistent with past policy. Councilwoman Waggaman said if the highway is moved to the noah side, there will be more open space and the applicants might consider a small park along the bicycle path. Mayor Bennett opened the public hearing. 9 Asoen City Council Regular Meetin~ May 27, 1997 Ramona Markalunas read a letter into the record orelining seniors opposition to Ordinance #16. One objection is that it does not guarantee an on-going senior housing project. Tolen said the changed condition #27 would give priority to seniors for all the units. This condition is not vague and will be locked into the land use approval process. Tolen suggested stating that in the event financing is not available for a senior housing project by some date, September 1997, then the insubstantial amendment to make this an affordable housing project shall become effective. Barwick said if the application for tax credits is not approved, Council will then review whether this should be an insubstantial amendment. John Durso told Council it is difficult to put a date on this application and suggested it be December 31, 1997. Council agreed they want to review any change in the policy for rental. The ordinance will read "by City Council". Ruth Harrison thanked Council and staff for listening to the community seniors. Ms. Harrison said over the age of 70 assets should not be part of the application. Scott Rider, Pomegranate owner, told Council he is impressed with the direction this application has taken. The current application meets the needs of the adjacent homeowners. Rider said the highway issue is the most critical issue. Rider said he does not feel it would be fair to approve the housing agreement and then have CDOT move the highway to the south. Rider said he wants to see the letter from the city to CDOT before they approve any agreement. Barwick told Council the Pomegranate homeowners agreement will come back to Council at the next meeting, if this ordinance is adopted. John Worcester, city attorney, told Council the closing is conditioned upon all agreements being signed. Councilwoman Waggaman pointed om the amended housing guidelines state that seniors have to be 65 or older, not 60 or older. Ms. Markalunas noted the federal government uses 55. Council should get more information before they just change the guidelines to raise the senior qualification age. Mayor Bennett closed the public hearing. Councilwoman Richards said she has reservations with this application. The housing board has not seen the language that preference for all 40 units be given to seniors. This did not have majority support when reviewed by the housing board. Councilwoman Richards said she feels the language suggested about the alignment is entirely unreasonable. Councilwoman Richards said she does not want to put city 10 Asoen City Council Regular Meetin~ May 27, 1997 money in and go forward with this project and then have to tear a building down. Councilwoman Richards said it is upsetting to her that people want exclusionary rights to housing just for their group and that different groups cannot live together. Councilwoman Richards said she thought this would make a valuable mixed use project. Mayor Bennett said he, too, was surprised to find a deal had been struck to give preference to seniors for all 40 units. Mayor Bennett said the earlier direction from Council was favoring a mixed project. Mayor Bennett said he feels this will turn out to be a mixed project over time. Mayor Bennett said there are a lot of players in this and not everyone agrees on all issues. Mayor Bennett said he can support the project as a whole and does have reservations about tearing the building down if a fitture Council changes its mind on the transportation issue. This will be part of a separate agreement, not this ordinance. Councilwoman Waggaman feels some concerns will be addressed by amending the housing guidelines to raise the age of qualified seniors to 65. Councilwoman Waggaman said this project should apply to seniors who have lived and contributed to this community, which will eliminate seniors just moving to town. Councilwoman Waggaman said she cannot support no asset limitation for people over 70. Councilwoman Waggaman said if this project is completed and a fitture Council votes to change the highway alignment, there will have to be a good reason for moving the highway and Council will have to address the residences at that time. Councilwoman Richards said it seems that Aspen's housing program is the only one with a set aside for senior housing. Councilwoman Richards suggested working towards parity with Snowmass for a senior set aside. Councilwoman Richards said at an earlier senior housing project, priority was given to seniors moving out of other affordable housing units; this should apply in this project, too. Bendon read condition 6(b) which would describe the height limitation and would be an amended from the ordinance as written. The ordinance is written to waive the park dedication fees. If Council does not want to do that, they need to amend the ordinance. Councilwoman Richards moved to adopt Ordinance #16, Series of 1997, on second reading, to entertain offers from the housing office on how to deal with the park dedication fees; amending 6(b) as proposed by Bendon; keeping condition #27 as is adding language that priority will be given for seniors that have moved out of existing affordable housing units and re-lease of the 24 senior units be given priority 11 Asoen City Council Regular Meetin~ May 27, 1997 to seniors; section #28 substitming "Aspen City Council" for "community development director"; seconded by Councilwoman Waggaman. Tolen said if this ordinance is passed as is, seniors will get priority for at least 24 units; that priority will continue for 24 units. The remaining 16 units will be subject to an agreement between Council and the Pomegranate homeowners. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #40, SERIES OF 1997 - Temporary Use Permit Aspen Club Lodge Chris Bendon, community development department, told Council this is a request to erect a tent at the northeast comer of the Aspen Club from May 28 to November 15. Bendon told Council the club is undergoing extensive renovation and this will be a place for the exercise classes during renovation. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman moved to approve Resolution #40, Series of 1997, temporary use permit for the Aspen Club; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards said during the parking debate on the Aspen Club, the applicants told Council the reason for the renovation was to put in a spa in the tennis court area. Councilwoman Richards said at those hearings, Council asked if there was going to be anything else happening at the club. Council was told there would be no change in FAR, no change in the number of employees. Councilwoman Richards requested staff find out the overall plans for the Aspen Club. Bendon told Council that any additional buildings, like a bubble over a tennis court, would be very expensive in housing mitigation. Bendon said he will find out fitture plans. All in favor, motion carried. ORDINANCE #19, SERIES OF 1997 - Hines/Highlands Water Service Agreement 12 Asoen City Council Regular Meetin~ May 27, 1997 Councilwoman Richards moved to read Ordinance #19, Series of 1997; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE # 19 (Series of 1997) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING AND APPROVING AN AGREEMENT FOR THE EXTRATERRITORIAL EXTENSION AND DELIVERY OF MUNICIPAL WATER SERVICES TO THE ASPEN HIGHLANDS BASE AREA DEVELOPMENT AND ASSOCIATED AREAS was read by the city clerk Phil Overeynder, water department director, told Council the projections of water demands affect the supply and also affect the city' s financial projects. The city' s water policy is to leave enough water in the stream to insure after all commitments are met, there is enough water to meet the in-stream flow requirements. The city' s water policy also has a financial implications; not to push costs of new development off onto existing development. Overeynder said staff s recommendations were based on an Intertech 1994 study. Overeynder told Council currently there are 12,500 ECUs in the water system and staff expects an additional 6500 ECUs in the city' s water service area. The original ECU estimate for Hines were 402; this has been revised to 707 ECUs and estimates for the Moore project were revised from 180 to 323 ECUs. Overeynder said with additional demands, staff still believes that during the driest year of records, there will be enough water left to meet in-stream flow requirements. Overeynder recommended for fitture water extensions, when there are no resolutions or ordinances pending, that the city update the study and be clear about service commitments and what can be expanded. Overeynder reminded Council in 1995 they discussed water rates and what would need to be charged. The conclusion was in order to satisfy the policy of fidl costs being recovered, this area would have needed a 30 percent increase. Overeynder said with the additional service commitment for these two areas, there are more customers to pay the same fixed cost. The preliminary assessment is $600,000 per year for this service area, with the majority of costs for these 2 projects. A 10 percent rate increase will cover these costs. Overeynder suggested the city wait to adjust the rates until they know exactly what the costs to extend the lines will be. 13 Asoen City Council Regular Meetin~ May 27, 1997 Cindy Covell, water counsel, told Council there will also be raw water and snowmaking agreements that track with the 1995 agreement with the developers. This agreement addresses how water can be made available and still leave in-stream flows. Connie Harvey said this is a good agreement. Option 1 will help even the stream flow. Ms. Harvey said the agreement should mention that Highlands will use state of the art water conservation techniques. Ms. Harvey said she has concerns about preserving the minimum stream flow. Ms. Harvey pointed out there is a senior right, senior to the minimum stream flow for over 6 cfs, below the city' s diversion point. This is important in considering the minimum stream flow. Ms. Harvey suggested the minimum stream flow be monitored. Overeynder agreed taking the stream down to minimum stream flow could have an adverse affect on the in-stream flow in the lowest stretch below the Highlands ski area. Overeynder told Council he has talked to the state department of water resources and Pitkin County about a cooperative effort of getting more stream rights and developing monitoring. The City does not have a budget to do this at present. Council requested the water department continue researching this issue and present it at a fitture work session or the budget work session. Ms. Covell told Council she has explored with the Division Engineering sharing some monitoring equipment, which would lower the initial costs. Dottie Fox, Wilderness Workshop, reminded Council their mission is to protect the streams in this valley. Ms. Fox told Council the Colorado Water Conservation Board does not routinely check the minimum stream flow. Ms. Fox supports monitoring the stream flows; they too are concerned about what happens below the diversion point. Councilwoman Richards said she is concerned there is a finding that this application is consistent with the AACP, particularly regarding the summer use of the housing by MAA student. Ms. Richards said this was opposed by the housing board and was not in the conceptual plans and was added before final submission. Ms. Richards said this is taking year round growth and impacts and diverting the housing to seasonal housing. Ms. Richards said housing is being set aside for special interests rather than qualified residents. Councilwoman Waggaman pointed out the need for winter seasonal housing is great and this makes a workable situation and addresses an area of need. Councilwoman Waggaman said more and more housing of all types needs to be built. Councilwoman Richards said she is concerned about the precedent this may set. Councilwoman Richards said no one on the housing 14 Asoen City Council Regular Meetin~ May 27, 1997 board could recommend the precedent of actual employee generation mitigation being used to house seasonal, non-employee, non-resident, non-workers here to go to the music school. Councilwoman Richards moved to table this to June 9 for more Council members; seconded by Mayor Bennett. Gideon Kaufman, representing the applicant, pointed out this is first reading and requested Council pass it and gather additional information over the next two weeks. Councilwoman Richards withdrew her motion. Councilwoman Richards moved to adopt Ordinance #19, Series of 1997, on first reading with the understanding the discussion of housing units be part of second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #20, SERIES OF 1997 - Moore Water Service Agreement Councilwoman Waggaman moved to read Ordinance #20, Series of 1997; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #20 (Series of 1997) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING AND APPROVING AN AGREEMENT FOR THE EXTRATERRITORIAL EXTENSION AND DELIVERY OF MUNICIPAL WATER SERVICES TO THE JAMES E. MOORE FAMILY PARTNERSHIP LLLP was read by the city clerk Cindy Covell, water counsel, told Council this agreement includes a raw water component. The ordinance refers only to the treated water service component and if Council is comfortable, the ordinance should be amended to include the raw water component. Councilwoman Waggaman moved to adopt Ordinance #20, Series of 1997, with the recommendation the ordinance be amended to make reference to the raw water 15 Asoen City Council Regular Meetin~ May 27, 1997 service agreement; seconded by Councilwoman Richards; Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. HOUSING BOARD RECOMMENDATION ON REPLACEMENT UNIT FOR THE KSNO BUILDING Dave Tolen, housing director, reminded Council this has come to them several times. The last time Council discussed the agreement which provides for the owner of the building to use and occupy the unit irrespective of housing guidelines was in executive session. City' s counsel stated it was difficult to disagree with that agreement. Previously, it was agreed that the deed restriction might be lifted if a comparable unit were provided; comparable meaning a unit of comparable value to what the owner would realize. Tolen said the new owner of the building is offering to replace a unit of comparable value if the deed restriction is lifted. There is a choice of three 1/2 duplexes, which would be of comparable value, offered as replacement. Tolen said this was reviewed by the housing board; their recommendation is to accept a comparable unit in exchange for lifting any limitation on the use of the KSNO two-bedroom unit. In return for the purchase of one of the units, restriction to category 3 guidelines and sale to qualified employee. The housing board also recommended the restrictions on the 4 studio units at KSNO be permanent rather than 35 years. The housing board' s recommendation is based on the concern in return for lifting the deed restriction that the community realize the same substantial value that the owner of the building will realize by having the restrictions lifted. Tolen told Council the owner' s intention is that when the deed restriction on the studio expires, the units can be used by his family. Tolen said this could be a significant windfall for having a deed restriction lifted on a penthouse unit in town in favor of a unit outside of town. Tolen said the owner has stated he will not accept a perpetual deed restriction on the 4 studio units. Councilwoman Waggaman said the 1/2 duplex will give the housing inventory 3 bedrooms in perpetuity. If that deal does not go through, the inventory has 4 studios for 35 years. Councilwoman Richards said this has come before Council several times over the last 6 years. Councilwoman Richards noted the units were originally given in exchange for GMQS approvals for employee mitigation. The housing board felt there would be intangibles given to the project by lifting the deed restriction. 16 Asoen City Council Regular Meetin~ May 27, 1997 Councilwoman Richards moved to accept the trade of a comparable unit for the two-bedroom and a deed restriction in perpetuity for only 2 of the 4 studios; seconded by Councilwoman Waggaman. Councilwoman Waggaman suggested going into executive session to talk over the details of this offer. Rich Orman, representing the purchasers, said he has no objection. Councilwoman Richards moved to withdraw her motion in order to go into executive session. Councilwoman Richards moved to suspend the roles and extend the meeting to 9:45 p.m; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Waggaman moved to table this item until the end of the meeting; seconded by Councilwoman Richards. All in favor, motion carried. REQUEST FOR FUNDS - Golf Course Offices and Conference Room Rich Coloumbe, golf course, told Council phase I of the remodel is the bar and restaurant. It has been completed and received a certificate of occupancy and opened last weekend. Coloumbe told Council staff revised the original floor plans for the office/conference room space and are requesting approval of these plans. Steve Barwick, assistant city manager, said staff is asking for an additional $30,000 for this conference room space. The city is spending between $1500 to $3000 for rental of conference space in town. The city will use this space in the fitture. There will be operating savings. There will also be the potential for renting this space out and generating some revenue. Mayor Bennett agreed this town needs more meeting room space. Barwick told Council there is $73,000 in Council contingency and $150,000 from the AMP fitnd balance. Barwick said if the room is rented out, the revenue can be put back into the fitnd that pays for it until the construction costs are paid off. Councilwoman Richards said staff should make sure the training budgets do not just get a windfall of 10 percent from the savings of conference room rental. Councilwoman Richards moved to approve the expenditure of up to $30,000 for the renovation and creation of a golf course area conference room $10,000 from Contingency and $20,000 from general fitnd balance with the understanding that 17 Asoen City Council Regular Meetin~ May 27, 1997 $20,000 will over time be repaid to the general fitnd either through training budget savings or rental to the general public or both; seconded by Councilwoman Waggaman. All in favor, motion carried. Councilwoman Waggaman moved to go into execmive session for the purpose of potential property acquisition and litigation; seconded by Councilwoman Richards. All in favor, motion carried. Council went into executive session at 9:15 p.m. Councilwoman Waggaman moved to come out of executive session; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Waggaman moved to adjourn at 9:50 p.m.; seconded by Mayor Bennett. All in favor, motion carried. Kathryn S. Koch, City Clerk 18 Asoen City Council Regular Meetin~ May 27, 1997 PROCLAMATION - Arbor Day .............................................................................1 CITIZEN COMMENTS ..........................................................................................1 COUNCILMEMBER COMMENTS .......................................................................1 CONSENT CALENDAR ........................................................................................2 Resolution #31, 1997 - Mall Restaurant Leases -. ................................................3 Resolution #32, 1997 - Contract for Sprayer Purchase .........................................3 Resolution #33, 1997 - Golf Course Contract ...................................................3 Resolution #37, 1997 - 1997 Water Plant Improvements - Reams Construction -4 RFTA Reso #4, 1997 - Budget Amendment -. .....................................................4 Resolution #38, 1997 - Streets Equipment Purchase Contract -. ...........................4 Resolution #39, 1997 - Waiver of Land Use fees for 1230 E. Cooper -. ..............4 Resolution #41, 1997 - 1996 Growth Management Scores -. ...............................4 Ordinance #21,1997 - Housing Guidelines -. .......................................................4 Ordinance #22, 1997 - Waiver Park Dedication Fees - 303 E. Main - Approved on first reading with public hearing on June 9 ......................................................4 Transportation Funding -. ....................................................................................4 Iselin Park Tennis Courts & Pedestrian Trail Re-Surfacing -. ...............................4 ORDINANCE #14, SERIES OF 1997 - North and Eighth Street Vacations ............4 ORDINANCE #15, SERIES OF 1997 - Energy Code Revisions .............................6 ORDINANCE #16, SERIES OF 1997 -. .................................................................6 RESOLUTION #40, SERIES OF 1997 - Temporary Use Permit Aspen Club Lodgel2 ORDINANCE #19, SERIES OF 1997 - Hines/Highlands Water Service Agreementl2 ORDINANCE #20, SERIES OF 1997 - Moore Water Service Agreement ............15 HOUSING BOARD RECOMMENDATION ON REPLACEMENT UNIT FOR THE KSNO BUILDING .......................................................................................16 REQUEST FOR FUNDS - Golf Course Offices and Conference Room ................17 19