Loading...
HomeMy WebLinkAboutminutes.council.19871109R~aviar-- ~~n_£itY-,~~c; r-----NovP+rd~Fr '.~-. -3-983 1 . 1 COUNCILMEMBER COMMENTS ORDINANCE #47, SERIES OF 1987 - Growth Management Quota 3 System ORDINANCE #48, SERIES OF 1987 - R-6 Moratorium • 3 ORDINANCE #49, SERIES OF 1987 - One Election Precinct . 4 ORDINANCE #50, SERIES OF 1987 - False Alarms • 4 ORDINANCE #52, SERIES OF 1987 - Conveyance of an Alley - 4 ~ 4 LOT SPLIT - Marshal l ~ S 1988 BUDGET 10 CASTLE RIDGE RENT INCREASE ' ORDINANCE #53, SERIES OF 1987 - Amending Fireplace Code 16 ORDINANCE #54, SERIES OF 1987 - Revisions to Residential 17 Zone District Requirements ' ORDINANCE #55, SERIES OF 1987 - Church and Day Care Center 22 Conditional Use in 0, Offi ce Zone • 23 SNOW DUMP REPORT ORDINANCE #51, SERIES OF 1987 - Water Rates 25 RESOLUTION #28, SERIES OF 1987 - PCPA GIft 26 26 ELECTION ISSUES- ~-i-f~N LIQUOR LICENSE HEARING - Maestro's 27 27 PUD AMENDMENT - Goodman REQUEST FOR ENCROACHMENT - Hunter Plaza 28 AUTHORIZATION FOR FIRE DISTRICT LAND USE APPLICATION 29 ORDINANCE # 56 , SERIES OF 1987 - WAPA 29 3 0 RED ROOF INNS 32 .~ ____T.~_~__.~s~.rr_ ~i tv ~-e-ournc i 1 ._......._. __ ._-~-ov~nrbe r- ~ ,- -i 9 87_ Re atx Stirlen called the meeting to order at 5:00 p. m. with Mayor 9 Councilmembers Fall in, Gassman, Isaac, and Tuite present. ~I-~-I 1. Joe Wells, representing Hadid Aspen Holdings, ton tic °uated he met last week with city staff to eghot 1 andhhow this works schedule to file an application for th ermit. Wells said with the deadline for obtaining a building p after Hadid Aspen Holdings file their application Wellsbsaid5the they will not be heard by P d 1 eke tto schedule a meeting with result of this is he woul Council and P & Z to present the design scheme on an informal basis and to talk about the scheduling problem, ch 15 Z1i988n advance they cannot get through the process by Mar the GMP deadline . Wells presented Council anticipated schedules to try and best meet this deadline, neither of which meets the deadline. Wells said he would like to get a sense from Council on workr sessions about the project and would like to schedule a Wells said the project will have to request another GMP extension and would like Council's feelings. Councilman Isaaeetsthe deade responsibility it is that this project will not m line. Wells said the applicant is prepared to perfoe~ ondarendas anticipated schedule, which assumes the ability to basis. Wells as well as meetings more than o ofathe rocess on time because pointed out they will not come out p Baring the residential GMP will prevent ttold Counciltapplicants are before P & Z until February. Wells scheduled on a first come basis, and their deadline for filing an application is December 15th. Wells said the applicants would like to have the architects come in and present where they are in the design. Councilman Isaac moved to address this issue on thA loin bf avor, 1987, meeting; seconded by Councilwoman Fallen. 1 with the exception of Councilman Gassman. Motion carried. Councilman Isaac moved to put the Red Roof on the agenda as VII m; seconded by Councilman Tuite. All in favor, with the excep- tion of Councilwoman Fallen and Councilman Gassma f therel~s carried. Council said they would address this only time at the end of the agenda. ~MH-E~i~---~6MM~ 1. Councilman Tuite said recently there has been talk about parking garages in town. Councilman Tuite said he has had comments about this being located on the Rio Grande playing 1 ~ rtw -Co urrc-i 1 ___ ..._.. _ __ _Nov emb~r_._ 9 : __ 1.9 87 ossibilit of a parking garage field. Councilman Tuite said any p Y on the Rio Grande will not go on the field, will not take up usable space, and will be against the berm. 2. Mayor Stirling said he has been walking the Shadow Mountain trail recently, and there is a lot of debris on ~e~•trail. Mayor Stirling requested this be cleaned up before win 3. Mayor Stirling went over Council schedule. There is a work session November 16th at 5:00 p. m. with the County Commissioners and GRIP. There is a special election schedule Decemb 9 or 108to Council will need to have a special meeting Decembe set the mill levy. 4. Mayor Stirling moved to schedule the regulaAlleinl favorn December 14 and 21; seconded by Councilman Tuite. motion carried. 5. Mayor Stirling announced that the Council dinner for city staff is December 11, 1987. 6. Mayor Stirling said there will be a work session November 17 at 5:00 p.m. on the clean air standards with the County Commis- sioners. There will be a code simplificationember 19thsion November 18th and a HPC guidelines work session Nov 7. City Attorney Taddune requested two items be aS de do tpower agenda; first reading of a power contract with We Association, and first reading of a towing agreement. Assistant City Manager Mitchell told Council the city has bo t ponethalfythe buy 10 percent of their power from WAPA at a price paid to MEAN. Mayor Stirling moved to place the Western Area PdwRoofamseconded tion contract on the agenda as VII before the Re by Councilman Tuite. All in favor, motion carried. Mayor Stirling said the towing agreement should be put on the Council agenda for November 23. 8. City Manager Bob Anderson told Council Anderson said procedure looks better than originally thought. staff is still working on numbers for the machine. 9. City Manager Bob Anderson said both a majority on Council and the County Commissioners decided to follow a course of going to the electorate to sell city hall and to build a new building. The Council and Commissioners directed staff to put t his in a better perspective for formal consideration. 2 • ~ ----- _ ---N -b -r- -9-_. --3--~ 8-7 fi~-uu-l-a-r` I~ - ----__ - - - - 10. Alan Richman, planning director, said P & Z has rid floor the ability to meet on a regular basibeen onfl is with the meeting room. Richman said there have Council almost every Tuesday. P & Z is more comfortable with the second floor meeting room and with knowing there is a regular place to meet. Council agreed with this move. ~~~ --eg--}-9~8-7 - Growth Management Quota System Mayor Stirling opened the public hearing. Councilwoman Fallin moved to table to November 23, 1987; seconded by Councilman Tuite. City Attorney Taddune told Council he is requesting tabling because these amendments correlate with the vested rights legislation, which will become effective Janua m lement8ng Taddune told Council he has prep wh d ~ w lld be presented at the the vested rights legislation, next Council meeting. Taddune said he wants to take adcontradict this time to make sure these two ordinances do not each other. All in favor, motion carried. ~- ~-8------1-gg--pF`--9.87 - R-6 Moratorium Mayor Stirling opened the public hearing. Alan Richman, planning director, told Council in light of the fact P & Z has adopted a resolution making recommendatitorium tis R-6 zone district for floor a P a& Z takes into mconsideration unnecessary. The resolution of all of Council's concerns, and is controlling ooea Counc it eno activity in the R-6 zone district. Richman t 1 building permit can be issued which is contrary tion hof pPo &1 Z ois of the P & Z resolution. Richman said the ac sufficient to allow Council time to go through their delibera- tions. Doug Allen, representing the Agate, asked if the uaree toperoceed under the P & Z resolution that allows Victoria Sq p because of the PUD agreement. Richman said the P & Z and Council both specifically exempted the Agate project. Mayor Stirling closed the public hearing. Mayor Stirling moved not to adopt Ordinance #48, Series of 1987; seconded by Councilwoman Fallin. 3 . ._____ -____ _g-_ --1~g 87 ____.--- ----------~, -n_ -~ c- Councilman Isaac thanked the P & Z and staff for being so diligent in working to get this resolution adopted. Isaac, yes; Tuite, Roll call vote; Councilmembers Gassman yes; yes; Fallin yes; Mayor Stirling, yes. Motion carried. ~~~~.-. -~.,~--.--g~~~--a~--18-7. - One E 1 e ct i o n F r e c i nc t Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #49, Seriecall vote; on second reading; seconded by Councilman Tuite. Roll Councilmembers Tuite, yes; Fallin, yes; Gassman, yes; Isaac, no; Mayor Stirling, yes. Motion carried. ~.--~-5.~..--- ~-~5---$g~----~~ 8 7 - False Alarm s Mayor Stirling opened the public hearing. Assistant City Manager Mitchell said staff would like this tabled until November 23, 1987. Mitchell said staff is workndationhthat alarm companies in town to come up with a recomme will be acceptable to both the companies and the city. Councilman Isaac moved to table Ordinance #50, Series of 1987, until November 23, 1987; seconded by Councilman Tulin: Motion favor, with the exception of Councilwoman Fall carried. ~$N~---#-.~-~----g~~-~--~8-7 - Conveyance o f an A11 ey (Mayor Stirling left the room due to a conflict T ere twere tno Mayor Pro Tem Fallin opened the public he a ubli c hearing. comments. Mayor Pro Tem Fallin closed t p Councilman Isaac moved to adopt Ordinance #52, SerRolloca118voten second reading; seconded by Councilman Gassman. a s; Fallin, Councilmembers Tuite, yes; Isaac, yes, Gassman, y yes;. Motion carried. T - Marshall Councilwoman Fallin moved to table this until Novemcilman~Isaac. due to a defect in public notice; seconded by Coun All in favor, motion carried. 4 _i. _-- ~7"v v $U 1~V l:J 1 ' nd Shafer , f finance director , said Council has hadeen wone Ci y sessions on the budget, and the operating to hearaany concerns over very thoroughly. Staff would like Shafer pointed out the Council has on the operatan untilg fte r the December 8th special budget cannot be adopte to ado t the election. Ms. Shafer requested a specieV between December 8th 1988 budget and to certify the mill 1 y and 14th. ublic hearing to set the Mayor Stirling moved to establish a p 88 mill le and adopt the budget on December 9, 1987' a motion 19 vY p, m. ; seconded by Councilwoman Fall in. All in favor, carried. Ms. Shafer said a remaining issue is the capitalCounc 1 mhas program, which will be discussed Novea~b in work sessions and discussed the capital improvement progr has indicated they would like to discuss it in a reg the mrotects Ms. Shafer presented a memorandum out ou es,aand the year to that have been discussed•id tithe nexal step is further prioritiza- be bu i 1 t . Ms . Shafer sa tion of the projects or discussion of additional funding sources. Mayor Stirling opened the public hearing. Jon Busch said th city hall. Busch an alternative of woul d be worth so session earlier, selling city hall. e voters twice hav said it would be a selling city hall. me research. Mayor the majority of e rejected the renovation of good idea to offer to voters Busch said this alternative Stirling reported at a work Council favor looking into Ma or Stirling continued the public hearing to November 23, 1987. Y Ma or Stirling moved to strike the proposal for two man tional Y police and approve no guns; seconded by Councilman Gass Ma or Stirling said one issue is the organization of a hwa p°that Y department. The police department ist~ative andnsupervisory there is quite a hierarchy of adman ersonnel who do not hold regular beats. Mayor Stitlencommunity p feels the department is organized tooof eaolice apower out on the is not getting the full utilization p streets. Mayor Stirling said it is not necessary to repuestingl the hardware and ammunition the poli d hardwaren would be about The combined savings of personnel an $75,000. 5 Councilman Gassman agreed about the organization of the police de artment. Councilman Gassman said the only justti~alt and was p needing 4 additional officers was comman tGassman tsaid he has not based on other communities. Council Councilman Gassman heard complaints about the police department. to said he has problems spending money when Counc et in tsyending allocate resources and there is a l imi s d f lcation is based on more money for officers w cities. onCouncilman Gassman said he statistics from national questions whether arming the police is needed. Cit Mana er Bob Anderson told Council the police chief stificaa Y g the city is just servicing the demand they that- 65Thercent of an tion for more officers is based on the fact p officer's time is taken up responding to calls- Aentr isnovera the statistics were to illustrate whether the departm or under-policed. The city manager s associat 5 n ercentt of sthe to give optimum service levels, only th calls and the rest is officer's time should be taken up available to respond to patrols. The police requested icersdon tional officers, and Council went with 2 a ncreased by 2, the 20 the theory that if the er agate gwouldlallow the city to get up to percent average turnov the staffing level authorized. The other rationale was since Council felt the police department was administratively top reallocating heavy, that the other request could beona sa d pthere have been some command officers time. Anders complaints from the downtown merchants requestings mfound ooh patrol. Anderson said the police deperofe follow up Aspen increasingly difficult to give the typ citizens demand. Anderson said the Aspen police department dson told Council forceful image in terms of their weapons. Ander the current weapons are getting to the point wherhere loin ardota maintain them. Anderson said a stud The s of°.ce departmentg feels different type of weapon is safer . p this move is justified in terms of the repair cost and will also hold down the police 1 iabil ity costs. Councilwoman Fallin said the Council has not made any attCouncil~ try to consolidate the police and sheriff departments. woman Fallin said there is a way to have a public sa on yindboth istration and take away one level he s treets traCouncilwoman departments and put personnel on t Fallin said within the next six months, she would, nistrationk toward joint meetings of a public safety admi Councilman Isaac said Council questioned the police department extensively about this request. Councilman Isaac said he did not want to increase the number of city employees, but the police 6 _ .-1-98 orting their department convinced the Council with evidence supp request for more personnel. Councilman Isaac sto a d evel tof police personnel would bring the department up safety that is necessary for the community. Councilman Isaac said the advisory council that meets with the police and sheriff's department supported the additional personnel. Councilman Tuite said as the city annexes, Council hears from the police that more personnel are needed. The sheriof and officert said they are understaffed and does not let go Councilman Tuite agreed with pursuing consolidaeifeels thislis line of about six months. Councilmaoverlte heavyh administrative an answer to doing away with an Y staff. Councilman Tuite said the police departmentersonnel does on administrative services and that eveldwith nthepturnover the bring staffing up to the pre sent 1 police department has. Councilman Tuite said Aspen d nGRIPafeels to be short staffed in high seasonolice ande skier ff's department administration and support in the p is one place that has the most potential for mo timey savings, through either reducing positions or reallocating Councilmembers Councilman Gassman and Mayor SairlMotion NOT carried. Isaac, Tuite, and Fallen oppose Mayor Stirling moved that Council include in the leriBMai rand levy, as it is now constituted, paviof how the YDecember election Hopkins west of Monarch, regardless goes; seconded by Councilman Gassman. Mayor Stirling pointed out this is the only stretheoad'acent Council received a petition signed by 88 percent of J business owners. There have been adjacent property owners present to ask Council to pave this alley. Mayor Stirling said no matter what the election results are, this project ought to be placed on the 1988 list. Councilman Isaac said $125 000 and committed to a special improvement, ndthe rseri to levy. ICouncil- there may not be enough money lef t i man Isaac said he would rather wait until after the election for this project. Councilmembers Fallen, Gassman and Mayor St carriedin favor; Councilmembers Isaac and Tuite opposed. Motion Mayor Stirling said since Council began the budhetworldlthat there have been drastieCde on ohownCounc it rlooksn at the budget. should have some eff There has been the market plunge, the trade idbhe afe is the deficit, and potential wa be tooMhioh. S Mayor St cling said there targets in the budget may g 7 ' s no wa to predict that the city can go forward wit saideAspen i Y increase there has been in past years. s ayo~~rs StShaferg said staff is going to be effected by these thing has discussed this. Staff intends to review teein a ueS with collections monthly and to work with theaaRo f°n rediptionsp Ms. lodge cancellations to tryer ent of the sales t ax revenues come Shafer pointed out over 55 p Ma Ms Shafer in through March, and the city recblee to seee where Ythey are, and said by May, the city should be a this is not too late to make changes in the budget. Ms. Shafer reminded Council in the budget process, eaartmentrof ment identified how they would make cuts lnsales rtaxpis drasti- 2.5, 5 and 10 percent. Ms. Shafer said if call lower than projected, the city manager can as a dis worried Y Mayor Stirling said h to affect savings and cuts. that the city get too far into 1988 and find theraccustomed atoe February and March revenues w With the ARA ands the banks, there Councilman Isaac said working are ways the city can get feeling on how the income citgo should be in less than 60 days. Councilman Isaac said th Y Mary Martin said the be very wary on how the winter will go- city has a poor record on fact finding and statincrease Min Martin pointed out the city a~ed redi d onl bu ilt a huge water population, and based upon th P en, and people plant. The increase in populat hi he d waterhra es. Ms. Martin that live here are paying much g said the city should expedite savings in shorter than 2 months. Councilman Gassman said he has problems with the 550,000 funding for a study of a parking garage. Councilman Gassman said people can define any issue in such a way as to make it a problem. People complain about parking problems because they cannot get 50 feet away from where they want to go. Councilman Gast d sthe for the city to take the lead by spbusiness commun ty from the problem is subsidizing the downtown general revenues. Councilman Gassman said i~ u hmone siness community feels this is important, they should pu p Y- Councilman Gassman moved to delete the $ 50 , 000 study from the capital improvement budget; seconded by Mayor Stirling. Councilman Isaac said he feels it is very important for this community to do something with the cars that are orklin the Councilman Isaac pointed out a great many people who w community drive in from down valley. Councilman Isdustsand make are forced to drive around and around, i f is uarking structure is the air worse. Councilman Isaac said P built, it is not going to bring cars to town; they are already 8 _ __ _..-i g8... ~ ._--_ __ ___-_ _ ..~. ~ •_ - --_-- -_N here. Councilman Isaac said the city has to develop a realistic plan about parking to give to the voters. Mayor Stirling said the city cannot be solely responsible for solving the downtown parking problem. Mayor Stirling said the city has contributed to the problem by not requirinnoted min cthe development to provide parking• rminedo thatl 701 percent of the transportation study, it was Bete circulating cars had local plates. Mayor Stirling said there are others ways to respond to the parking problem than building an urban parking garage. Mayor Stirling said one eo lie who lneed require permits for cars coming Into town, for p p their cars for business. Mayor Stirling said another solution is using periphery parking; working on the downn t ncure tthe parking Mayor Stirling said a parking garage will problem. Mayor Stirling said Aspen is the only major ski area in North America that does not have sufficient parking for skiers at the base of the area. Mayor Stirling said he ersonr in the allocating $50,000, the city will be the only p solution. Fred Smith, Skiing Company, reminded Council during their master plan application, Council recommended commitmentsdbn maodr breate Skiing Company to either f ntownacore t Smithnpointed out the additional parking in the dow Skiing Company committed to that by deed restriadditiona 1 spaces 1-A and committing to the Cke stow have them46 Smith said at the somewhere the town would li time, there was a strong argument made by the city that they were on the verge of creating a beginning resolve of the parking problem. Smith said that was in 1985. The Skiing Company has since received approval to create 28 parking spaces at Little Nell hotel. Smith said there are 20 spaces lef t that the Skiing Company wants to see built as soon as possible•e oretok add Company has made commitments to construct thes additional funds to help act as seed money. Smith commented parking and transportation continue to be the most obvious problems in the community. Smith told Council in the advisory committee meetings, one thing that continually comes out is that something needs to be done abobe lefts in the b dget ortation. Smith recommended the $50,000 and be called implementation money rather than a study. Smith said the Aspen Skiing Company is more than willing to participate in the solution to these problems, either in a d Fallingsaid nthe or direct contribution format. Councilwoman $50,000 is implementation money. Councilwoman Fallin said the city has received several offers to do privcit / should vnotufoot which she supports. The taxpayers of the y the whole bill, nor should there be free parking. Mayor Stirling 9 • _.. ~ _ _.. ____. _ . .-~.. __ ~ 9 8 7 _______.~ c- asked staff to look at the previous plans already done for a parking garage on the Rio Grande. Councilman Gassman and Mayor Stirling in f avor ; Counc ilmember s Isaac, Tuite, and Fallin opposed. Motion NOT carried. Mayor Stirling moved to continue the public hearing on the budget to Nov ember 23, 1987; seconded by Councilwoman Fallin. All in favor, motion carried. e~--~- Assistant City Manager Mitchell said after the city built Castle Ridge, they had the opportunity to sell it to a private investor. Within the sale contract there is a method for calculating rent increases. Mitchell told Council the owners of Ca The methodhfor not come in for a rent increase in 5 years. calculating rent increases was based on estimating an operating cost and comparing the actual, with the differential either going up or down based on a set amount of rent increase of 6.4 percent. If their operating expenses were higher than projected, the 6.4 percent would be increased by that differential; if it was less, it would be decreased. Mitchell told Council the owners of Castle Ridge are requesting an amendment to the section of the contract ctual bei 98 compared costs as a basis, and still calculate with a g to the projected as using a base and increasing it be 10 percent a year. Mitchell told Council 10 percent per year has been realistic. The operating costs have been less than projected; they were projected at $144,000 and in 1983 the operating costs were $118,000. Mitchell recommended Council approve the amend- ment to use 1983 as a base year and use the differential basis for determining the rent increases. Mitchell pointed out the contract does not address whether the rent increases are applied across the board or differentially. The owners of Castle Ridge are recommending a differential to try and bring the rental rates into the same relationship as the employee market. Mitchell noted that the owners differential applies a lot of the increase to the studio units, which the owners feel are well below the market compared to the other units. Mitchell told Council the tenants have indicated they have concerns about maintenance items, landscaping s•repMitchellarecom~ as well as dealing with the on-site manage mended through a letter agreement to establish the housing authority as a hearing board for complaints and concerns by the tenants so it is clear they understand who to go to. Mitchell 10 ~~~-~~i~tv~ ~i-~-- I~nv-+emk^~e - ~ • _.l_~~8 }-ter--M~e-et~rtQ-- their res onsibility to said the city would not be relinquishing P administer the contract but would be using the housing authority to resolve concerns. Mitchell recommended a compromise rent increasehich hsets forth ordinance for first reading to amactuale costs as the base and to as the operating costs the 1983 designate 1983 as a base year. Mitchell recommended inbasisrand the 6.4 rent increase to be applied on a differential sets the rents at studio 5356; one-bedroom, 550 id th~sbisrao 13 5611 and three-bedrooms at 57 51 incMeaseefor Bone-bedrooms, 3.5 percent increase for studios, 3. increase for two-bedrooms and 12 percent increase for thross bedroom units. Councilman Gassman asked what thmonth Stunde r the rents are. Mitchell said they are 539,700 per ro osed 6.4 percent increase the gross rents would be $42,600 p P per month . Gene Zafft, representing the owner of Castle Ridgter stodhave the in full accord and are ready ao in lgboarde toe help monitor com- housing authority act as a he g laints. Zafft pointed out the Pitkin County housin skedtforlby p authorized rents are substantially higae the owne ~s ehave operated the owner of Castle Ridge. Zafft sai this project for 5 years, have put in over 5800,000 lnf 5379v000 money, have made all the mortgage payments, and pu of capital investment in the project after the purchase price. The average rents will still be only 80 percent of other public housing in Pitkin County. Zafft said the owner °e munici ality does pay real estate taxes, which if owned by th p would not be paid. Zaf f t said the city was to replace trees an e s nroubso f Cher ~ ty ~ s massive landscaping problem at Castle Ridg , making . The general contractor did not compacotn t the landscae building slipped. Zafft said during the corrects ping was destroyed. The sprinkler system is finalowners nhavef not investing 5200 ,000 in that work. mm tment to doethe landscaping. asked the city to honor its co The owners would like the city to participate but th O be Ytorn nup be asked to participate whked tthe gc t ndwhat the goperating costs again. Zafft said they as Y were when they were negotiating to purchase the pr k eout• a Zfair told Council hours were spent in trying to wor formula. Zaff t pointed out the city gave his client then numbers furnished by the then-manager. Zafft told Council the owners took the cost and said they anticipated inflation to cost them more, and if the Zaffta t ld costs go up more, they should get a rent increase. 11 n--e-i~ty-..~o~uncz Y _ __ -- - - - I~ovemb~e-r - -9 -~-9 $' Council he does not feel the original operating ts° thanes the city costs. The owner ran it for less operating cos had been. The owner was penalized because they used an assump- tion as a base point. Zafft told Council tctual anumberse spent returns to the city, and arfftstold Councileusing the actual base became the actual base. Za costs and the projections of increase, this increase is almost right on the button. Mitchell told Council his recommendation is condien~ eaeseorvese owners continuing to set aside the replacem Mitchell said the city put in the original lsaidc a letterd was reimbursed as part of the sale. Mitchell written saying if the landscaping and sprinkler system was not installed properly, the city would go after the contractor. That was in 1982, and there is no ability to do that now. ca ain t when he does not want his client criticized f or the lands p g it was not of their making, and that the city had a participation in it. Mitchell said the county has gone out to Castle Ridge and sprayed to eliminate weeds and will go back to ha drboe working The sprinkler system has been corrected and sho ul next spring. Mitchell said the interested parties have met with the housing authority, and everyone is agreeable to setting a replacement or maintenance schedule, which in fu summareized wthe be tied to the replacement reserve. Mitchell owners tried to hold rents down. In doe ng entatincreasesn in wthe not pursuing complaints. If there ar Mitchell future, the tenants wants their complaints addressed. said with these recommendations, the tenants complaints will be handled through the housing authority, through tenance on dthe replacement reserve, and a schedule for main project. Sharon Newman, tenant, told Council they are in the process of forming a tenants' association. Ms. Newman reminded Council in October she had presented a petition protesting the 25 percent rent increases. Ms. Newman said after that petition was presented, they realized there were a lot of issues that effected all the tenants at Castle Ridge. Ms. Newman presented a petition signed by 74 tenants from all types of units rentssare to gbe The petition addressed 3 mad or concerns. If increased to market level, there should be market conditions at Castle Ridge. Ms. Newman said the tenants propose that studio rents should be brought up to market rates su ested 7 t 8 lande9 the burden on these tenants. The tenants gg percent over 3 years. Ms. Newman said it is uCounciloeachnyear to pay f or management' s f a it ure to come before in a timely manner, as provided for in the contract. Third, the tenants ask that the housing authority oversee management practices as part of the employee housing program. Ms. Newman 12 Re~tz3 - -- -----A-s~a~~rr-~~ztv_~C~unn~l-_._____.____i~-ovenrb~~r~--x:.19-87 told Council the tenants have met with the housing authority and feel this was very productive. Ms. Newman pointed out a letter in the packet from Gideon Kaufman, representing the owner at the time of the sale. The letter was addressed to the Castle Ridge tenants. One item states the prospective buyers have budgeted realistic sums of money for annual maintenance, repairs and replacement to maintain the apartments in a first class condition. The letter also states that the city of Aspen will hold the mortgage on the property and can enforce compliance of the obligations of maintenance and repairs or foreclose on the property. Ms. Newman asked the Council to direct the housing authority and city attorney to be available to explain the tenants' rights in the contract and to determine if all terms of the contract have been adhered to. Julie Peters, tenant, told Council there is a file of complaints from tenants. The only improvements the tenants are aware of is painting over stain. The sprinkler system is still not working for all units. Ms. Peters said the tenants have questions about several items in the contract, like increased differential, R and R. Ms. Peters agreed the studios units rent is lower than other, but they want to have time to catch up. Councilman Isaac moved to read Ordinance #58, Series of 1987; seconded by Mayor Stirling. All in favor, with the exception of Councilmembers Fallin and Tuite. Motion carried. ORDINANCE #58 (Series of 1987) AN ORDINANCE APPROVING A MODIFICATION TO PARAGRAPH 8.1 (ii) (3) TO THAT "AGREEMENT TO PURCHASE AND SALE OF THE CASTLERIDGE APARTMENTS ENTERED INTO BETWEEN THE CITY OF ASPEN AND CASTLERIDGE ASSOCIATES, LTD., ON OR ABOUT AUGUST 20 , 1982, INCLUDING AN AMENDMENT TO THE "DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE CASTLERIDGE APARTMENTS" REFERRED TO IN SAID AGREEMENT AND FILED OF RECORD, SO AS TO REFLECT THE ACTUAL COSTS OF THE PROJECT IN 1982 AS A BASE FOR PROJECTING OPERATING EXPENSES was read by the city clerk Councilman Isaac moved to adopt Ordinance #58, Series of 1987, on first reading; seconded by Councilman Gassman. Mayor Stirling asked if staff feels comfortable with $118,000 as the base start of operating costs f or 1983. Mitchell said the owners are required to file a statement with the city that has 13 ~eutr-~a-r i~e-eti rru~~ ~~p~e~t~r--E+~un~ i ~--_ _-____--- -r-. __g~--,- --9 87 been verified by a cpa as well as their incomfortable athatn the Mitchell said he has checked these and is com expenses shown are accurate. Mitchell said on the bases the rent increase requires the owners to continue 'th the methodtin replacement reserve, he is also comfortable wi the contract as well as adjusting to the 1983 actual. Mitchell said to continue with the base that came up durtenantsoasawells would penalize the owner and would penalize the The owner would continue to have a differential a utu aside for percent downward and would have less money to p maintenance. Councilman Tuite said when this contract was signed, the city has made their best estimate that $144,000 would be the base opera- tions. At that time, the prospective owners felt they could live with operating costs of $118,000. Zafft said they assumed those were the real numbers and could live with them because if expenses went up, there would be an increase in rent. The actual costs were less, and they could not get an increase in rent. Councilman Tuite asked if the owner did not realize a gain they did not expect. Zafft said there were tax losses projected for 1983, and they projected when the tax losses ran out this would be a break even project. Zafft told Council the owners put in $346,000 above the purchase price, including the $200,000 which was part of the negotiated purchase. Mitchell told Council if the owners of Castle Ridge has come in each year for a rent increase, they would have gotten between 4.5 and 5 percent each year. Mitchell said the only way the owners could have maintained the $144,000 was to put more money into the reserve. Councilman Gassman said he has a hard time seeing what difference it makes whether one increases the rents or decreases to expenses. Zafft said if the expenses had been where they thought they were, the owners would have been entitled to an increase against total rents. Zafft said because the differen- tial was greater, they took the position they could not ask f or rent increases. Mayor Stirling said the city gave the owners an incorrect number. Based on that, in fairness to the owners, this operating number needs to be changed. Councilman Tuite said w hen someone is looking at purchasing this, they were probably looking at a rental occupancy of 90 percent or less. Castle Ridge has had occupancy of 99 percent, which is also a bonus. Mitchell said the main reason he is recommending in favor of this ordinance is that is it a protection f or the tenants. Mitchell said if the differential between the projection and the actual numbers is less, the owners will be able to spend less money towards maintenance and replacement, and the city will be dealing with more complaints from the tenants. 14 Recnrt-~~-~- Amen--e-it4 en=.,,r;-~-_--rravE,rrbP,--9 --~98-~ Ms. Peters said the contract states the forms for rent increases are to be filled out by April 1st so the tenants Wtultohchecklto to respond. Ms. Peters said she would like the ci y make sure the terms of the contract are being adhered to. Mitchell said the timing is different. The anticipation was that the owners would come in on an annual basis based on their calendar experience in April or May. Mitchell said the owners have not come in annually and have waited as longract the Mitchell The owners did notify the tenners are 1 complying twith the condi- told Council he feels the ow tions of the contract. Mitchell told Council he oritmet Mitchell owners representatives and with the housing auth y said the recommendations cover most of the concerns. Ms. Newman told Council the tenants did not receive notice on April 1st of the proposed rent increase. Jim Adamski, housing office, told Council the housing authority wants to work with the tenants and owners of Castle Ridge as they do with te°ve a so this employee project. Mayor Stirling urged Council p amendment on first reading in order to take it ms°to beu more hearing. Mayor Stirling said the $118,000 base see fair. Councilman Tuite asked if the city should look at the entire contract rather than just changing the base. Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Fallin, no; Tuite, no; Mayor Stirling, yes. Motion carried. Councilwoman Fallin moved to approve a letter toghear econ erns establishes the housing authority as the board and complaints; seconded by Councilman Tuite. All in f avor, motion carried. Mayor Stirling moved to approve the rental recommendation of studio $356; one-bedroom, 5507; two-bedroom, $6n1'maintainedrand 5741 conditioned on the replacement reserve bei g applying the increase based on a compromise differential basis. Motion DIES f or lack of a second. Ms. Peters pointed out the 6.4 increase ties into the contract, and the tenants have questions if the contract has been adhered to. Ms. Newman said the contract is silent on how in a saidsthe each individual unit are of f ectedusin ayo Thettenant have not question is to provide affordable ho g had an increase for 5 years. At this time, there is a proposed substantial rent increase. Mitchell said if Council approves the amendment to the contract, the owners are entitledhe oamend4 percent rent increase. If Council does not approve ment, the owners would be entitled to a 4.8 percent increase. Councilman Isaac said he does not want to see rents raised in 15 • ____~_._-----A-S-~~-e~-.--C-o-u~n-ci i_... __.__ ____ _Nav~nbez~__ -9_. -1-9-8 December and then raised again in July 1988. Mayor Stirling said if the rents were raised in July 1988, then the contract would be on track. Mayor Stirling moved to approve the 6 .4 percent rental rate increases maintaining the increase based on the compromise differential basis and that the 6.4 increase not occur until July 1, 1988. Motion DIES for lack of a second. Councilman Isaac said he would prefer an across the board 6.4 percent increase so that there is not a larger burden on one size of apartments. Councilman Tuite said he has a problem with 6.4 percent increases. Councilman Tuite moved to approve 4.8 percent rental rate increase on an across the board basis effective July 1, 19 8 8; seconded by Councilwoman Fallin. City attorney Taddune suggested Council confirm this motion in two weeks so that he can review the contract and make sure the city is not disregarding their contractual obligations. Councilman Tuite withdrew his motion. Zaff t said the 4.8 percent increase is based upon the expenses in the owner's tax return for the calendar year 1986. Zafft said it is not fair to limit this to 4.8 but not make it effective until 1988; this does not address the expenses of 1987. Zafft said if Council will approve the 6.4 percent increase, they are willing to accept it f or July 1, 1988, because of their error in filing the request late. Mayor Stirling moved to accept Mitchell's compromise differential basis of 6.4 percent for this increase and that it go into effect July 1, 1988. Motion DIES for lack of a second. Councilman I saac moved to table this until Novembe r 23 , 19 87 ; seconded by Councilwoman Fallin. All in favor, with the excep- tion of Mayor Stirling. Motion carried. OR•H-~i~fiPrN~--#~-: - f~ _-3-8-7 - Amending F i r e pl a c e Code Councilwoman Fallin moved to read Ordinance #53, series of 1987; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #53 (Series of 1987) AN ORDINANCE AMENDING ORDINANCE N0. 5 (SERIES OF 1986) ARTICLE II, SECTION 11-2.3 OF THE MUNICIPAL CODE OF THE 16 - -- - -~~;~e-n--E-rtv~--O~txrr~t~----_ ___ _-_~~}~-e r- --9- : - 1-~}- 7 C ITY OF ASPEN, COLORADO, BY THE ADDITION OF A NEW SUB SECT ION PROVIDING FOR AN "OFFSET" VARIANCE AND SETTING FORTH THE STANDARDS TO BE MET FOR SUCH A VARIANCE AND ENFORCEMENT MECHANISMS FOR VARIANCE PERMITS was read by the city clerk Councilman Isaac moved to adopt Ordinance #53, Series of 1987, on first reading; seconded by Councilwoman Fallin. Lee Cassin, environmental health department, told Council this is a proposal to amend the existing wood burning ordinance to allow pe opl a in the city to buy extra f i repl ace r fights above the one per building that is allowed. Ms. Cassin told Council there has been a lot of interest in this legislation in the county. This provides a free market way for people to have their stoves upgraded or gas logs put in their fireplaces and have it paid for by someone else. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. (~R D-i~-A-N-e-E•--~k-~~-;---5 ~-3-~5---(~F---~-9-8'~ - Revisions t o Residential Z one District Requirements Councilwoman Fallin moved to read Ordinance #54, Series of 1987; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #54 (Series of 1987) AN ORDINANCE OF THE ASPEN MUNICIPAL CODE WITH RESPECT DISTRICT REQUIREMENTS, THE FLOOR AREA RATIO AND THE MITIES was read by the city CITY COUNCIL AMENDING THE TO TH E R-6 RESIDENTIAL Z ONE METHODOLOGY FOR CALCULATING REGULATION OF NON-CONFOR- clerk Alan Richman, planning director, requested Council to schedule a public hearing date to deal with just this ordinance separate from a regular meeting. Richman suggested either November 30th or December 7th which would allow f or a 15 day public notice and would give the public and Council time to hear input. Richman said Council could then consider final adoption at the December 14th meeting. Richman said this ordinance processes amendments to the area and bulk requirements for the R-6 district. Richman said it was not clear whether the staff was to look at other residential dis- tricts besides R-6. Richman said staff and P & Z spent a lo t of time trying to analyze what the problem was and to come to a consensus about the problem. Richman said the problem is not 17 __~oo~e-n_--g.~.____1_gg~ ~. g. --As-t7~---C ztv-~urrc~r - ----_.. simply size or floor area. P & character of the west end, what what is wrong about the houses pe opl e problems . Z tried to establish a dominant is right about that character and that are being built and causing Richman said one of the most striking things in new construction in the west end is the amount of lot that seems to be covered by houses. Richman said one character of the west end is substan- tial yards surrounding houses. Richman pointed out height is a predominant character in the west end, and many Victorian struc- tures are well over the city's height limitation. This permits structures to stay within a confined area of the lot and have substantial living area within the homes. Richman presented a table of homes built in the last few years and pointed out most of them are within a few feet of the allowable FAR. Richman pointed out the building envelope of the structures retain a lot of area to build even beyond the maximum FAR. Richman said this is the volume issue, to which P & Z gave a lot of attention. Richman said he feels the volume approach is a reasonable approach to building areas in homes which are like atriums and are not counted in the FAR. Richman said staff and P & Z concluded that looking at FAR is not enough and FAR reduction is not enough. Richman said a reduction in the sliding scal e woul d still allow homes that cover the lot f rom setback to setback and homes within the setback that could create the atrium spaces. P & Z is recommending 5 different areas of change; reduce the sliding scale, reduce the setbacks, establish new requirements for maximum site coverage, revise the calculation method, and the non-conf orming use structure provision. The last recommendation is to try to reduce the impact of non-conformities. Richman pointed out the FARs adopted by Council in 1981 were above those recommended by the staff. Richman presented an exhibit showing the structures that were studied in 1981, the staff recommended FAR and the adopted FAR. Richman told Council P & Z adopted the premise of going back to the staff recommendations of 1981 but made some changes to it. P & Z decided not to reduce the FAR for lots of 6,000 square feet or less in the R-6 zone. The change for lots above 6,000 square feet is about a 10 percent reduction. The P & Z is not recom- mending any changes in the R-15, R-15A, RMF zones at this time. Richman supported P & Z recommendation in terms of FAR although there are some concerns. Richman said staff has a problem with P & Z's inability to deal with the R-15, R-15A, and RMF zones. The reasons P ~ Z gave not dealing with these zones are that time was of the essence for the R-6 zone; and they felt the R-6 zone district was where the public outcry has been in the last year, 18 ~q --.----------gip p~Tr-C~ity__E~o--rzn~-il_._._---------~ovem-be~r~-.-~-:-_.-~9~8~ where there was a demonstrated problem, and where it was most appropriate to attack the issue. Richman said he f eels uncom- f ortable always being in a reactive position. Richman said the market indicates the RMF zone and the east end of town is highly active. Richman told Council he would prefer not to come back in a year trying to patch up the R-15, RMF zone districts. Richman recommended to Council that the sliding scale approach apply to the other residential zone districts also. Richman told Council the scale was evaluated in 1981 for the entire city and was adopted for the entire city. Richman said P & Z did a lot of work on the setbacks. The biggest problem people in the west end were reacting to is no breathing space between houses. Currently there is a 5 foot side yard setback with the ability for eaves to project into that setback. P & Z came up with the concepts that the setbacks should increase as the size of the lot increases, not to penalize those with very small lots. After a 4500 square f oot lot, the setbacks change. Richman pointed out a new concept, total side yard setback, which can be accomplished by combination of setbacks so the designer can have flexibility in placing the house on the lot. This concept will also create usable yards instead of just room between buildings. Richman said this concept will not work in the R-15, RMF zones because the develop- ment is entirely different. Richman said the character of the R-6 zone is to have houses on the lots that are livable and reasonable. Richman said the site coverage concept augments the setback idea. Richman said P & Z did not want to increase the setback so much to f orce all development into the center of the lot. However, the setbacks do not go far enough to insure there is substantial open space on the lots and breathing space between houses. Richman pointed out table 4 to illustrate what the site coverage does. Richman noted that the site coverage for lots of 4500 and 6,000 are somewhat smaller than the setbacks. The site coverage requirement is an added limitation which makes a difference to make sure the homes do not cover the site the way they do at the present time. Richman told Council Vail has a site coverage provision, which is 20 percent of the lot for 12,000 square feet. The proposed site coverage for Aspen is 25 percent, which allows more site coverage than Vail's provision. Richman said without site coverage, people would have the ability to do their entire FAR on the first floor and use atrium spaces to maximize the building envelope. Richman said the intent with the new calculation methodology is to simplify and clarify, and to make a marginal impact in reducing the size of structures by having 1 imitations that would have that effect. Richman told Council the building department 19 A-s~pe-rr._.~itv_-f;~txn~c-1.~ feels the new calculation methods will not cause that. The building department feels this method may be a wash or may, in some instances, cause larger structures. Richman told Council this method treats sub-grades areas much more reasonably than in the past. Richman said the past Code includes areas covered by projections in excess of 18 inches. The recommendation is that this be increased to 3 feet. Richman told Council there are good reasons for these recommendations; however, the building depart- ment feels these have more than offset what has been reduced. Richman told Council the proposal eliminates the exemption for mechanical areas above grade. The garage and carport exemption is recommended by P & Z to by 500 feet, and to staff to be 400 feet. The volume calculation is a sliding scale; a 20 foot indoor space of 20 feet would count at 1.5 times its floor areas. Richman told Council the volume measurement is to "play height", which means the top of the wall, not necessarily the ceiling. If the top of the wall meets a pitched roof, that pitched roof does not get included in the volume calculation. Staff and P & Z worked on the non-conforming use provisions because anytime area and bulk requirements are changed, non-conformities will be created. Richman said the recommendations for changes are valid and necessary, but non-conformities will be created. Richman said the consultant has recommended changes in the non-conforming section of the code, and this has been brought forward in this ordinance. There are two important policy changes; eliminating the limitation on value of repairs and maintenance. The present code says one can only re-invest 10 percent of the structure in any given year in a non-conformity. This provision has been eliminated so that people can keep their houses up without limitation. Second, the residential preservation clause has been deleted. This clause lead to confusion and meant that there was no opportunity for structures to come back into conformance with adopted regulations. Richman said the recommendation is that if a structure is willfully destroyed by more than 50 percent of its replacement value, the structure must be rebuilt within the limitations of the Code. If the structure is destroyed by an act of God, the structure can be rebuilt to its original configura- tion. If the structure is a historical landmark, it can also be rebuilt to historic status. Richman told Council he has talked to a bank office and a real estate appraiser to make sure these limitations would not make houses unloanable, and was told these limitations would not. Mayor Stirling moved to have a special public hearing on Ordinance #54, Series of 1987, December 7 at 5:00 p.m. ; seconded by Councilman Tuite. All in favor, motion carried. Councilwoman Fallin said she would rather confine this revision to the R-6 only, at this time, because all the public input has 20 dealt only with the R-6. Councilwoman Fallin said the other zone districts should be dealt with in a sepa toeaddressn the other Stirling asked if it would be possible residential zones through the code simplification process. Richman said that would be possible. The p could readdressn that already been distributed to P & Z , but they issue. Mayor Stirling said it is very important to address the other residential zone districts. Mayor Stirling agreed that P & Z, as well as staff and public, has focused solely on the R-6 zone. Councilman Isaac said he would rather address the other residential zones in the same process as the R-6 was addressed, rather than do it through code simplification. Councilman Isaac said this issue will need a lot of attention. Mayor Stirling said this does need to be done timely because people will be making GMP applications. Richman said applicants need to know that they will have to be in compliance with the regulations in place at the time of building permit. Richman told Council the P & Z should be through wlis oneas full on code simplification by the end of 1987. P & Z schedule through February. Richman told Council there is not a lot of additional analysis for these residential zones. Richman said the character if the RMF zone is extremely similar to the west end; lots of the same size, single ismsoymuchd involved development. Councilman Isaac said ther with code simplification, and people are to cseeeahe b wo i sues Councilman Isaac said he would not wants combined. Councilman Gassman said he would rather do the other residential zone district done sooner than code simplification. Councilman Gassman said the work has been done, and what is to be gained by putting this off. Councilman Gassman said it would be nice to be ahead rather than trying to write regulation s after the damage has been done. Mayor Stirling moved to direct the planning staff to include R-15, R-15A, R-30 and RMF zones and have that ready for the public hearing December 7, 1987; seconded by Councilman Gassman. Councilman Gassman and Mayor Stirling in f avor ; Counc ilmember Tuite, Isaac and Fallin opposed. Motion NOT carried. Mayor Stirling moved to include the other zone districts in the code simpl if ication process, hopefully no later than January; seconded by Councilman Tuite. All in f avor, with the exception of Councilmembers Fallin and Isaac. Motion carried. Councilman Gassman asked staf f to look at excluding subgrade space. The way it is written sub-grade is defined as being below natural grade. This would allow a building to be built and later dig out the area around it and have a garden levelons derat on aof this was brought up at P & Z, and there was a c 21 R+er~x-1 .___. _~_~~_~._.~.~.._ ~ ~.n.~i ~_ __ . -- --- -~fiov~m~be-r_ -~-:- ~ 9.87 having that natural grade extend to at least halfway through the setback. Richman said he will bring this up to P & Z in time to report back to the public hearing. Councilman Isaac said 400 square feet is enough for a garage. Mayor Stirling said during a code simplification, Council agreed on 400 square feet. Richman said P & Z agreed the amount to be exempted for a garage should be what Council feels comfortable with. Mayor Stirling asked why height was not addressed in this ordinance. Richman said if height were to be addressed, there may have been an increase in height. Richman pointed out a lot of Victorians exceed 25 or 28 feet, yet there are not objections to that. Richman said the trade off P & Z was looking for was to bring homes back in on the lot to create breathing space and setbacks between houses versus creating the maximum amount of livable space within the house. Richman said within a 25 f oot limitation, it is impossible to get more than two stories of living space. Richman said in 28 feet height restriction, a structure could get three stories of living space, and the site coverage requirements could have been tighter. Richman told Council no one suggested a height reduction beyond 25 feet. Mayor Stirling said he is not pleased with no change from reduction of FAR for lots between 3,000 and 6,000 square feet. Councilman Gassman agreed. Mayor Stirling said the FAR for 6,000 square foot lots is still a problem. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ~~ _-~.._~~~~-7 - Church and Day Care Center Conditional Use in 0, Office Zone Councilwoman Fallin moved to read Ordinance #55, Series of 1987; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #55 (Series of 1987) AN ORDINANCE OF C ITY COUNCIL AMENDING SECTION 2 4 -3.2 OF THE MUNICIPAL CODE PERTAINING TO THE TABLE OF CONDI- TIONAL USES IN THE OFFICE ZONE DISTRICT TO ADD CHURCH AS A U SE FOR DESIGNATED HISTORIC LANDMARKS AND MAKE DAY CARE A CONDITIONAL USE FOR ALL STRUCTURES was read by the city clerk Councilman Tuite moved to adopt Ordinance #55, Series of 1987, on first reading; seconded by Councilman Isaac. Steve Burstein, planning office, said this ordinance will make churches a conditional use in historic structures and day care 22 ----Asue-rr--~itv_-~+o~trncz_l --_._------~c,vemb~~z__-g-~__._}. use a conditional use for all structures in the office zone. The office zone is basically Main street. Staff and P & Z recom- mended in favor of the ordinance. Burstein said they find these uses principally compatible. With a conditional use review, there is an opportunity to look at impact f or a specific propos- al. Burstein said this should promote day care centers, which are perceived to be badly needed in the city of Aspen. Roll call vote; Councilmembers Fallin, no; Tuite, yes; Isaac, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. Chuck Roth, engineering department, reminded Council they had requested staff to look into multiple sites for a snow dump and to report back. Roth said the possible sites are Koch lumber, parking lot at the M.A.A. , parking lot by the golf course, and a parking lot by the Smuggler Racquet Club. Roth said in all these sites the impact of driving trucks, unloading trucks would be more adverse on the public and visitors than at the existing site. Roth pointed to a letter from the streets superintendent citing experience from the year the city used the Koch lumber site. Roth said a trailer would be needed to move the bulldozer from site to site. Roth told Council the additional cost to haul snow using multiple sites would be $75,000 over what is currently spent, not including the bulldozer. Roth told Council the winter the city used the Koch lumber property f or dumping snow there were drainage problems. There will be clean up costs at all these multiple sites. Council suggested staff look into renting or borrowing a trailer for the winter. Councilman Tuite said he has a problem with the concept of costing more money to move the snow to different locations. Councilman Tuite asked if the city saved money when they stopped dumping snow at the golf course. Roth explained how the numbers where generated. The distance from the commercial core to the current snow dump is .32 miles. Roth said if the city maintains the same level of snow removal, twice the distance to a snow dump costs two more trucks and two more drivers. Roth said another variable is how much it snows. City Manager Bob Anderson said if the snow dump is moved, the city will have a degradation in service. Anderson told Council in Canada he went and looked at two installations of snow melt technology. Anderson said one site is being discontinued because of the steam that was generated. Anderson said the steam factor is something for staff to be aware of in looking at snow melt sites. It also might be a place to buy used equipment. Anderson told Council he also looked at a single unit in a shopping center. This was a very small scale 23 .~.rr.I.~.~..~.~...~ .~~.s~pe_rr--~.ty-._C~tm~rl-________ _I~ovem_tro.r._.-~_;___l- item, a pit sunk into the ground, filled with water. Anderson said the city could do with 3 or 4 snow melt units. The capital costs could be decreased using only a few of these and not building a building to house them. Anderson said the engineers of this company f eel it is more economic to use these machine s than to haul the snow 3 miles. Anderson said the range of operating costs could be between $50,000 to 5100,000 depending on the amount of snow. Anderson said the technology looks better than originally thought. Anderson said he does not know if the water can be dumped into the river or it will have to go into the sewer plants. Anderson told Council in Canada this goes into sewer plants. Anderson told Council there are some in operations in Toronto and these should be visited during operation before Aspen decides to buy any of these. Councilman Isaac asked if it would be possible to locate this on the old sanitation site on Mill street. Anderson said that is a solution if this is going to go into the sewer. Anderson reminded Council the sanitation district has problems because of their employee housing located on site. Anderson said there is a possibility of looking for grant money on the idea of el iminating point source pollution. Mayor Stirling moved to direct the city manager to investigate the possibility of purchase, site location, size, energy costs, etc. and bring back a full analysis by the first of February; seconded by Councilwoman Fallin. All in favor, motion carried. Councilwoman Fallin said the city is now dumping snow on what is considered to be open space, and citizens do not like it. Councilwoman Fallin said the city should not continue to do it. Councilman Tuite asked if the city has approached the M.A.A. about using their lot. Roth said the staff has not asked. Councilman Tuite said the parking lot can easily be cleaned. Councilwoman Fallin said other than the distance travelled, there are not a lot of people impacted by using the golf course. Councilman Isaac said he prefers to keep the snow dump where it is. It impacts the fewest amount of people and costs the least amount of money. Councilman Isaac said the present site is not perfect, but the city has tried other solutions, and they have not worked out. Councilman Gassman agreed with Councilwoman Fallin and wants to try multiple sites. Councilman Gassman said multiple sites would not be irrevocable. Councilman Gassman moved to use multiple sites, arrange to rent a trailer, and not to add any more into the budget for snow removal for 1988; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. 24 .. -M~trrra----- --A-s~e-rr--~itv--C~urrr= i~_-_ _._-_ ___i~oveTrrbe~r-_..9-~ . -. i-9~8-7 R~-E-S---6~`-- - Water Rate s Councilman Isaac moved to read Ordinance #51, Series of 1987; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #51 (Series of 1987) AN ORDINANCE ESTABLISHING MONTHLY WATER RATES AND CHARGES FOR METERED, NON-METERED, AND CONSTRUCTION RATE CITY OF ASPEN WATER CUSTOMERS FOR THE YEAR 19 8 8 , AMENDING SECT ION 23-43 (a) 5 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO MODIFY THE EXTRAORDINARY WATER USAGE DEFINITION, AND AMENDING SECTION 23-101 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO INCLUDE CON- STRUCTION RATES FOR WATER UTILITY SERVICE was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #51, Series of 1987, on first reading; seconded by Councilman Isaac. Cindy Shafer, finance director, told Council this ordinance is designed to increase revenues overall system wide 20 percent. Ms. Shafer pointed out there is a wide variety in the amounts the bills change. There is an exhibit with information showing increases, and equivalent capacity units, relating to the fixture ratings. The water management charge is based on the thousands of gallons of usage and the ECU count. Ms. Shafer said there are numerous factors that influence why customers bills go up or down and the extent to which they go up or down. Councilman Isaac said he would like staff to supply Council with the results of this on a monthly basis for six months, the revenues broken down commercial and residential. Ms. Shafer said staff is working on a new report to show accounts categorized by use codes. Ms. Shafer told Council this new billing will generate very close to a flat 20 percent increase. Councilman Tuite asked if there will be an explanation sheet going to water customers with the first bills. Ms. Shafer said before the first bill, staff will send out a letter telling customers what their fixtures or ECUs are so that information can be confirmed. Jim Markalunas, water superintendent, pointed out section 3 addresses extraordinary use of water. Markalunas said 30,000 gallons seems to be a median, averaged out use. The reason for the extraordinary charge is when people go over the norm, they pay an additional charge. Markalunas suggested a stepped increase for people who go over the 30,000 gallons; as a person uses more and more water, the rate keeps climbing up. 25 Nrw-emb~e r.._~ ~__._ 1-9-87 Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Fallin, yes; Tuite, yes; Mayor Stirling, yes. Ms. Shafer told Council the public hearing on this ordinance will be December 14th. Councilman Tuite asked that customers who have a larger increase, like 100 percent or more, that the city be prepared to phase the increase in. Ms. Shafer told Council she will have a summary on how many accounts will increase more than 100 percent by the public hearing. $ ; --~R-~F~-$F`--3~7. - PCPA G I f t Assistant City Manager Mitchell told Council this will allow the city to accept the PCPA loan in the form of securities. Councilwoman Fallin moved to adopt Resolution #28, Series of 1987; seconded by Councilman Gassman. All in favor, motion carried. :~ Assistant City Manager Mitchell presented a memorandum outlining the options the city has to put out information on the election issue item, the serial tax levy. Councilman Isaac said under the current tax levy, the city is funding the special improvement district for $125,000 and the rest of the street improvements will not be done. Mitchell said if the special district is done, the project will all have to be moved back one year. Councilman Isaac said he would like staff to prepare a map showing what will be done with the current revenues and the additional revenues. Mitchell said that will be hard to publish in the newspapers. Mitchell said a mailing will cost about 52,000. Anderson said staff will explore doing a map in the newspaper. Councilman Gassman moved to set a ceiling of 5500 for election expenditures; seconded by Mayor Stirling. All in favor, with the exception of with the exception of Councilman Isaac. Motion carried. Councilwoman Fallin said Council should pursue using citizens to help promote the election. Councilwoman Fallin moved that the city ask for volunteers for a citizen committee to represent the city on the ballot issue; seconded by Councilman Tuite. City Manager Bob Anderson said Council should define what these people are representing, that the Council would prefer that the voters leave the levy the way it is and do more street work. Councilwoman Fallin said that is what she would propose. 26 --A-s~ue-rr~~itv~-utrc~~ ___._____~avemtfe~r--~.T ~~7 Councilmembers Fallin, Tuite and Isaac in favor; Councilman Gassman and Mayor Stirling opposed. Motion carried. Councilman Tuite moved to suspend the rules and extend the meeting until 9:30 p.m. ; seconded by Mayor Stirling. All in favor, with the exception of Councilmembers Isaac and Fallin. Motion carried. ~, _ -i~A~i~ - Maestro ' s Mayor Stirling opened the public hearing. Mayor Stirling said in the Code, it states there is a 30 day public hearing minimum requirement before the application is before Council. Fred Gannett, city attorney's office, said there is a 30-day require- ment if the hearing is a new application. Gannett said the question is whether Council wishes to characterize this applica- tion as a new application. Gannett pointed out this was presen- ted to Council as a renewal application at the last Council meeting. At that time, Council determined not to hear the application as a renewal. Council may decide whether they want to apply the strict letter of the law and wait 30 days for a public hearing or go forward on the basis this is a reapplica- tion. Councilwoman Fallin said she feels this is a new applica- tion. Councilwoman Fallin moved to postpone this hearing until the 30 days have been completed; seconded by Mayor Stirling. All in favor, with the exception of Councilmembers Isaac and Tuite. Motion carried. P{~~---~i~~#B~ - G o o dm a n (Councilwoman Fallin left the room due to a conflict of inter- est) . Steve Burstein, planning office, told Council this is a request to enclose a deck at the Aspen Club townhouses. Burstein said this is outside the flood plain; stream margin review wa s granted by P & Z . The concern of P & Z is that accumulatively a lot of small changes to the Aspen Club could have a major effect on the entire project. P & Z has recommended a limit of 10 percent above the original floor area. Burstein told Council since 1976 there has already been an increase over 10 percent. Burstein suggested taking any change as a class, like enclosing of decks, adding second bedrooms, and review the amendment f or the entire project. Andy Hecht, representing the applicant, told Council it would not be appropriate for the condominium association to represent individual owners. The condominium association could function as a clearing house for the owners. Burstein pointed out a condi- 27 ~ ..~ -I~i~av~embe-r-~---9-,-_~ x-87 -~A"S'j7e7f- ~~ItV-~`CS"LITI~I~--- _---- - tion of this approval is that future expansion of the Aspen Club condominiums shall only be allowed through PUD amendment approval of an application by the homeowners association encompassing the entire class of the change throughout the project. Councilman Isaac said the condominium association has got to agree to do this. Hecht said every addition goes through the condominium association and has to be approved by majority of the homeowners. Councilman Tuite moved to approve the Goodman PUD plat amendment and condominium plat amendment subject to conditions 1, 2, and 3 in the planning office memorandum October 20, 1987; seconded by Councilman Gassman. Hecht said condition #3 is extremely broad in terms of certain minor improvements that might be made to which the homeowners have no objection. Councilman Gassman agreed the condition seems onerous for very small changes. Mayor Stirling said he is not inclined to support this; however, something should be worked out for this project. Hecht said he would volunteer to discuss at the next association meeting the master plan as it exists. Hecht said they could take the mast plan up annually. Everyone opposed to the motion. Motion NOT carried. Mayor Stirling moved to approve the Goodman PUD plat amendment subjection to conditions 1, and 2 as outlined and #3 which requires the condominium association at their next annual meeting to take into consideration PUD amendments and the effect on the overall master plan in concert with the planning office; seconded by Councilman Tuite. All in favor, motion carried. - Hunter Plaza Chuck Roth, engineering department, told Council during the GMP procedure the application was permitted to reduce their utility and trash area. Staff recommended against this. The applicant now finds they are unable to get their gas meter as well as electric cabinets in the existing utility area. Roth pointed out the Code has been written so that the city can get these items off public rights-of-way and out of the way of snowplows and trucks. Roth said the referral comments support the engin- eering department's position, which is to have the applicant put these utilities on their own area. Roth stated it is physically possible to do. Councilman Isaac moved to deny the encroachment application and further direct the building department to withhold the certifi- cate of occupancy until all encroachments have been removed; seconded by Councilwoman Fallin. 28 ~, -- iiy ---- -A-slaezr--f= itv--~o-mrrc-~ _._._...__ _i~~o~b~r---g :- --1-98-7 . ~., City Manager Bob Anderson said there are two encroachments here; one encroaching into the public right-of-way due to sloppy building and the other the utility containers. Councilman Isaac said he wants all the encroachments cleaned up. Michael Thomp- son, representing the applicant, told Council the gas meter was originally shown in the drawings outside the property line as an encroachment because the gas company would not allow their high pressure line to go into the full basement. Thompson said they will put the gas meter under the roof inside the trash area; the 2 inch pipe comes up right next to the building, outside the property line, up the building into the meter. This will be a 4 inch encroachment. Thompson said if they could leave that pipe there, they would put bollards around it to protect it. This building does sit on the property line. The second encroachment was a matter of error in electrical engineers calculations, which resulted in an extra piece of equipment. This is blatantly on the outside of the building. All in favor, motion carried. A-~~H~ i-S~f~ i-~---D-~B•~A~'P~i~A~i~1 Darryl Grob, fire department, told Council their request is for authorization to make application for construction of a fire marshal and f ire chief's office to be located at the back of Willard Clapper park between the Thrift Shop and the f ire barn. Grob is also requesting the fees of 52100 be waived. They are requesting a 723 square foot building. Mayor Stirling said the park is being diminished, which concerns him. Grob said they are in compliance with the original plan for that area with a 15 percent open space requirement imposed when the work was done for the Thrift Shop. Grob told Council the f rout park of the park will be returned to the park-like condition. Councilwoman Fallin moved that the city be a co-applicant for an SPA approval and GMP exemption for the fire protection district; seconded by Councilman Tuite. All in favor, motion carried. Councilwoman Fallin moved not to waive the fees; seconded by Councilman Isaac. Mayor Stirling explained that the city has not given dispensation and f eel s everyone needs to pay the f ee s. All in favor, motion carried. p~~-i~--#-5~6-;--3-~R-I-E-g-$F-~-9.8~ - WAPA Councilwoman Fallin moved to read Ordinance #56, Series of 1987; seconded by Councilman Isaac. All in favor, motion carried. 29 REr'-D1eet-srt4---- -n-g'tY-~mmrci-l- ----fit~,rc,ih~r- H --_3-989 ORDINANCE #56 (Series of 1987) AN ORDINANCE APPROVING AN AGREEMENT B ESWDEPARTMENTIOF OF ASPEN, COLORADO AND THE UNITED STAT ENERGY, WESTERN AREA POWER ADMINISTRATION, SETTING FORTH TH E TERMS AND CONDITION S FOR TH E PURCHASE OF ELECTRIC SERVICE BY THE CITY FROM THE SALE LAKE CITY AREA INTEGRATED PROJECTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL OTHER DOCUMENTS NECE S- SARY TO ACCOMPLISH SAID TRANSACT ION ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Isaac moved to adopt Ordinance # 56 , Series of 1987 , on first reading; seconded by Councilwoman Fallen. Assistant City Manager Mitchell said the city will get about 10 percent of their power needs from Western Area Power. This will not effect the MEAN agreement. Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Fallen, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. --~26f?~`-i~id~-S Mayor Stirling moved not to sell the Red Roof Inn; seconded by Councilman Gassman. Mayor Stirling and Councilman Gassman in favor; Councilmembers Isaac, Tuite, Fallen opposed. Motion NOT carried. Councilman Isaac moved to accept proposal from brokers to sell the Red Roof Inns; seconded by Councilwoman Fallen. City Manager B ob Anderson recommended Council set a commission they are willing to pay and leave this open for all brokers. Anderson told Council he has been in contact with the president of the real estate association. It is his view rather than to select one broker, to pick a commission, like 3 percent, not have the listing commission and let it go from there. Anderson said Council should specifically leave out those people who are already in the process. Councilman Isaac amended his motion to include those comments; seconded by Councilwoman Fallen. Mayor Stirling said this is a proposed open listing and the city will get partly motivated brokers with a partial interest in selling the property. Councilman Tuite said h e tthem make the wanted to get a committee together and hav 30 -~„~-._.~ 9'8-7 recommendations to Council. Anderson said if the city goes with a broker, they should not just look inside the community. Councilman I saac said Council can still have a e onext t f ewt weekse them refine what the city is ° ommitteelwould do for the city Councilman Gassman asked what a c that a good broker wouldn't do. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Councilwoman Fall in moved to adopt the consent agendS ; _ sOctobea by Councilman Gassman. The consent pinocchio Ss M Elk' s Club; Club 12, 1987; Liquor License Renewals Resolution # 1987 Cafe;Sushi Masa; Great Western Spirit Company; GMP Commercial Quota Not Carried Over; Change of Liquor Licensed Premises - Great Western; Quarterly Financial Report. All in favor, motion carried. Councilman Isaac said Council needs to schedule a discussion on liquor license procedures, and the memoranduth shouldgbe ha work the city attorney's office. Council agreed wi session early in 1988. Tony Dumas asked if there is still a possibilite said he lhastno Red Roof Inn for this winter. Councilman Tuit problem with a six month lease. Councilwoman Fallin moved to adjourn the meeting at 9:30 p.m.; seconded by Councilman Tuite. All in favor, motion carried. Kathryn Koch, City Clerk 31