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HomeMy WebLinkAboutminutes.council.19881128Regular Meeting Aspen City Council November 28, 1988 EMPLOYEE BONUS AWARDS 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 1 ORDINANCE #43, SERIES OF 1988 - Fines for Mandatory Odd/Even No Burn Days 3 ORDINANCE #46, SERIES OF 1988 - Land Donation Agreement ~~ 4 TAGERT LOT SPLIT 5 RESOLUTION #47, SERIES OF 1988 - Block 19 Annexation 8 RESOLUTION #48, SERIES OF 1988 - Lone Pine Annexation 9 ORDINANCE #47, SERIES OF 1988 - Affordable Housing/Displace- ment 10 ORDINANCE #48, SERIES OF 1988 - Conversion of Stoves 15 ASPEN VALLEY IMPROVEMENT ASSOCIATION REQUEST OF COUNCIL TO ZONE THE MEADOWS PRO PERTY AND REMAND TO P & Z 15 RED ROOF INNS SALE TO HOU SING A UTHORITY 16 LIQUOR LICENSE RENEWAL - Copper Kettle 18 RESOLUTION #45, SERIES OF 1988 - Tow Contract 19 1/2 HOUR PARKING TO HO UR PARKIN G 19 ORDINANCE #53, SERIES OF 1988 - Tow Fee Increase 19 ORDINANCE #49, SERIES OF 1988 - Business License Increase 20 ORDINANCE #50, SERIES OF 1988 - Liquor Occupation Tax 20 ORDINANCE #51, SERIES OF 1988 - Appropriations 21 ORDINANCE #52, SERIES OF 1988 - Amending Land Use Fees 22 PARKING STRUCTURE BIDD ING PROCE SS 22 PARKING STRUCTURE COST ES TIMATE 22 24 Regular Meeting Aspen City Council November 28, 1988 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Isaac, Tuite, and Fallin present. EMPLOYEE BONUS AWARDS Jim Considine, data processing director, was nominated for an employee award for excellent performance, a willingness to take on additional responsibility, and for implementation of the new phone system. Tom Dalessandri, police department, was nominated for an employee award in recognition of extra work taken on since the elimination of the lieutenant's position and for dedication to the department. Mike Slugocki, police department, was nominated for an employee award for recognition of the work done in obtaining the grant from the state for the detox van and for commitment to the department. Peter Whitmore, Ice Garden, was nominated f or an employee award for dedication to keeping the ice rink running smoothly and for work in the pro shop. Heidi Merrill, Municipal Court, was nominated for an employee award for outstanding efforts in getting the ticket processing up-to-date as well as maintaining the daily work load. Council presented these employees with bonus checks and with certificates. CITIZEN PARTICIPATION 1. Jim Adamski, housing office, told Council staff is negotiat- ing sales of bonds f or the Hunter Longhouse project. Adamski requested Council amend one of the documents and add this to the consent agenda. Adamski asked to amend the date from December 1 to December 15. Councilwoman Fallin moved to add this to the consent calendar; seconded by Councilman Tuite. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Isaac asked about the letter from Richard Roth regarding alleged irregularities the October 11th election. City Clerk Kathryn Koch told Council she advertised for the vacancy on the election commission for 3 weeks and received no applications. This vacancy is being advertised again. Fred Gannett, city attorney's office, told Council the Charter provisions f or the election commission do not give them the authority to either investigate nor take any action on past elections. Gannett suggested the election commission can be asked to draft rules for new elections. 1 Regular Meeting Aspen City Council November 28, 1988 2. Councilman Tuite requested Council add to the agenda a discussion on the use of the golf course parking lot by Aspen Limo. Councilman Tuite said this is an alternative to leaving the buses in town and moving them every 24 hours. Councilwoman Fallin said she would rather discuss this at the next meeting with more informa__ 1 _ __._- L„_ Council. Mayor Stirling moved to put this on the December 12th agenda; seconded by Councilman Tuite. All in favor, motion carried. Bill Efting, leisure services department, told Council as an experiment he has allowed the Aspen Limo buses to park at the golf course for the last 5 nights. Efting asked if Council wanted this to continue to the next meeting. Council said the buses should not be parked there until Council has discussed this. 3. Councilwoman Fallin said the Glenwood recycling center wants to expand. Councilwoman Fallin asked what plans have been made for a recycling program for the city. Councilwoman Fallin said she would like the city to investigate a joint effort on rec y- cling. City Manager Bob Anderson said the city does not do the garbage collection and the waste disposal is done by the county. Anderson suggested the city can urge the county to have a recycling program. Councilwoman Fallin said she would like to see the city involved in a program. Mayor Stirling suggested the garbage collection company be contacted to see what part they could play in a recycling program. Mayor Stirling said city properties may be used in a recycling program. Anderson told Council the city managers in the valley have formed an informal group and are planning to take on a project. One suggestion has been looking at what will happen to refuse in the year 2000. 4. Mayor Stirling told Council Francis Whitaker has resigned from the Board of Adjustment after many years of service. Mayor Stirling proposed proclaiming a Francis Whitaker day. Council agreed. 5. Mayor Stirling asked the status on the Centennial water issue. Assistant City Manager Mitchell told Council he is sending a letter tomorrow. 6. Mayor Stirling reminded everyone the regular Council meetings in December will be the 12th and 19th. 7. Mayor Stirling said there will be a trails work session November 29th at 5:00 p.m. 8. Mayor Stirling said everything the city can do on parking, transportation and circulation issues should be done. Mayor 2 Regular Meeting Aspen City Council November 28, 1988 Stirling said he would like to further discuss banning all cars in the downtown area, to analyze expanding the malls, and a permit system for certain automobiles in town. 9. City Manager Bob Anderson told Council the city has had the first jointly done specification for a piece of equipment that went out to bid. 10. City Manager Bob Anderson told Council he will be suggesting an additional portion to the employee recognition program. Anderson said this will be within the existing budget. Councilman Isaac said he would like to have a work session early in 1989 about the cars in downtown and expanding the malls. Council asked staff to set this up in January. Councilwoman Fallin moved to approve the consent calendar; seconded by Councilman Tuite. The consent calendar is: A. Liquor License Renewals - Shooters Saloon; Mother Lode; Steak Pit; Hotel Jerome; Ute City Banque B. Financial Performance Report C. Encroachment Request - Cunningham Building D. December Meeting Schedule E. Water Trust Agreement (Ron Mitchell) F. Hunter Longhouse Document Amendment All in favor, with the exception of Mayor Stirling. Motion carried. ORDINANCE #43, SERIES OF 1988 - Fines for Mandatory Odd/Even No Burn Days Tom Dunlop, environmental health department director, reminded Council they had wanted the Clean Air Advisory Board to look at the fines. The CAB and staff recommend a verbal warning f or the first offense; a written warning for the second offense will be sent to the renter, if know, and to the owner and property manager; third offense is a fine of $35 and fourth and additional offenses are $50. Dunlop said these shall be issued to the owner of the flue, who shall be the unit owner if there is not a common flue, and a condominium association if there is a common flue. Mayor Stirling opened the public hearing. Lee Miller said the city should fine whatever individual is breaking the law, not the innocent party somewhere else. Molly Campbell, general manager of the Gant, told Council staff and the CAB have done a good job through a difficult process. Ms. Campbell told Council the Gant supports the odd/even no burn program and has begun to notify guests of that program. Ms. Campbell said the Gant also supports the fine schedule as 3 ReQUlar Meeting Aspen City Council ___ November 28. 1988 outlined. Ms. Campbell said she is very concerned that staff's efforts to enforce this odd/even program will take them away from primary issues. Ms. Campbell said primary issues are research through the winter and public relations. Ms. Campbell told Council the condominium association hired an independent consultant from Denver. This consultant prepared a report, which summarizes Aspen does have an air quality problem but the scientific causes and sources of the problem are not known. Ms. Campbell said the city ought to be concentrating on research. Ms. Campbell told Council the consultant suggested additional tests like carbon 14 as well as an Ames test. Ms. Campbell presented copies of the report to Council. Ms. Campbell said being able to get the data together this winter is important and the environmental health department should have the time to do this. Mayor Stirling said the city's plan has a lot of research in it, as well as a request to do the Ames and carbon 14 test. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #43, Series of 1988, as amended on second reading; seconded by Councilwoman Fallin. Dunlop told Council the environmental health department will spend most of their time dealing with data gathering this winter. The environmental health department will be responding to complaints of citizens who feel this ordinance is being violated. Councilman Tuite said on the verbal warning to an individual, he would like them informed they have appeal rights before the CAAB. Mayor Stirling said he feels the fines are crucial in order for the legislation to have some meaning to it. Mayor Stirling said he feel the burden has to lie with the flue owner. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #46, SERIES OF 1988 - Land Donation Agreement Fred Gannett, city attorney's office, told Council this applica- tion crosses 2 jurisdictional boundaries for processing. Gannett said it will be cumbersome to process this through the city and the county process. Gannett said an alternative is to deannex the property with an agreement. Another alternative is to annex the property and process it through the city. Gannett said the process has already started in the county, and to expedite the process, it would be better to deannex the land. Jane Ellen Hamilton, representing the hospital, told Council they can proceed with the land donation even if they cannot finally 4 Regular Meeting Aspen City Council November 28, 1988 determine what to do about the annexation. Ms. Hamilton t old Council the hospital board has not been informed about the annexation issue. Ms. Hamilton said she feels it would be best to deannex the property and to take the project through the country process, which is well constructed for doing employee housing. Deannexing would not disenfranchise anyone. Gannett said this parcel is approximately .18 acres, bordered by Doolittle on the east and by county land on the west. This land is not now nor has it been used in a public fashion since it was acquired in 1972. Gannett said this will require subdivision and may require rezoning through the city. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #46, Series of 1988, on second reading; seconded by Councilman Tuite. riayor Stirling said he hoped this would have gone to election; however, Council decided earlier they did not feel this was necessary because it was a clear public interest use for this property. Councilman Isaac said there will be public hearings on this project, either in the city or the county. Councilman Isaac said because it will be used as employee housing, it is important to approve this as expeditiously as possible. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Isaac, yes; Mayor Stirling, no. Motion carried. Councilman Tuite asked if the city can waive their review rights for this project, rather than deannex it. Gannett said the city cannot delegate constitutionally mandated duties. Councilman Tuite said he does not want to have this go through a dual process. Councilman Tuite moved to proceed with deannexation and proceed with county review; seconded by Councilman Isaac. Glenn Horn, planning office, told Council they will have a chance to comment on the overall master plan for the hospital as well as the specific application for this project. All in favor, motion carried. TAGERT LOT SPLIT (Mayor Stirling left due to a conflict of interest). Cindy Houben, planning office, told Council the adjacent landowners were notified of this public hearing. This is a lot split request at 930 West Smuggler. Ms. Houben told Council a lot 5 Regular Meeting Aspen__City Council November 28. 1988 split has 4 criteria outlined in the Code. Ms. Houben said there are 3 areas of concern. Ms. Houben said in order to qualify for a lot split, a property cannot have been subdivided since March 1969. The Tagert property was subdivided in 1972. Ms. Houben presented a plat showing the portion of land sold off. Ms. Houben said the subdivision plat does not indicate the original parcel which was left over for Tagert. Ms. Houben said staff does not recommend approval since there was subdivision after 1969. The second issue is that in lot splits, one cannot create any more than 2 lots on a parcel. Ms. Houben told Council thi s relates to the issue of dealing with property that has 2 dif- ferent zone categories. Ms. Houben pointed out the Tagert parcel contains R-6 as well as R-30/PUD zones. The request is to develop the property pursuant to the R-6 dimensional requirements in the code. The R-30/PUD zone is on the area which is a slope. The reason the PUD was applied to this property is because of the steep slopes. Ms. Houben told Council the Code states if 75 percent of the property is within one zone district, those dimensional requirements may be used for the proposed develop- ment. Ms. Houben told Council 73 plus percent of this property is in the R-6 zone district. Ms. Houben said the planning office does not recommend that this property be developed in the R-6 zone because there is not 75 percent of the land in that dis- trict. Ms. Houben said this issue can be brought before the Board of Adjustment. The third issue deals with the site and site planning. Ms. Houben showed a plat with the proposed building envelopes, which taper down the hill side. Ms. Houben said one possible concern about dropping over the hill side is erosive soil. Another concern is that adjacent neighbors have had problems with noise and view planes. Ms. Houben told Council if they find the technical issues can be waived, the building envelopes should be pulled further back on to the site. There is plenty of land for development. Nick McGrath, representing Mrs. Tagert, told Council this sale is conditioned upon Council approval. McGrath told Council there are very technical reasons to deny this application; however, the Council can overcome these technical reasons. McGrath said this parcel is 32,000 square feet and to put only 2 houses on it is a plus for the city and f or the adjacent landowners. McGrath said if this went through GMP, it could get 6 to 8 houses. McGrath said the two lots will be far larger than any lot around it. McGrath told Council this sale has been pending a long time, and Mrs. Tagert got an exemption from the moratorium in order to process the sale. 6 Rectular Meeting Aspen City Council November 28, 1988 McGrath said Mrs. Tagert's property was never subdivided in the old subdivision. The Code, 7-1003(a)(2)(a) says land is eligible as long as it has never been subdivided. McGrath showed a plat where the Tagert land is outside the subdivision. McGrath presented Council a letter on the calculations about the zone categories. McGrath told Council the zoning line is drawn free hand on a map. When it is blown up to proper scale is 1800 square feet. The difference between 73 percent and 75 percent in the zone is only 300 square feet. McGrath said this is a very technical argument and Council can find that in fact 75 percent of the land is in the appropriate district. McGrath pointed out R-6 requires 6,000 square feet and each of these lots will be 16,000 square feet. McGrath said the building envelopes do not fall off the side and are almost entirely on the top. McGrath said the building envelopes are relatively small compared to the entire lots. Mayor Pro Tem Fallin opened the public hearing. Chuck Brandt, representing the Starodojs, showed an aerial photograph of the area. Brandt said there have been problems with other houses stepping down the hillside. Brandt said his clients are concerned about the visual impact of the development. Tom Starodoj, Sneaky Lane, pointed out that the building en- velopes do go down over the lip of the hill. Starodoj said the slope is unsuitable for building. Starodoj said the impacts of this building would be severe. Brandt said the neighbors have opted to support this application on the condition that a more restrictive building envelope be adopted. Brandt said if a more suitable envelope can be adopted, they recommend approval. Brandt told Council the planning office recommendation for a building envelope is 10 feet back from the westerly envelope proposed by the applicant. The neighbors propose another 10 feet to the east. Brandt said this would leav e a 4,500 and 5,000 square feet building envelopes for these two houses. Brandt submitted to the record a letter signed by 7 property owners with the suggested building envelope attached to it. Brandt said this is a compromise situation and will mitigate the neighbors concerns. Betsy Starodoj said the applicants proposed building envelopes would be over the slope and the view would be d own into other people's houses. A large structure would be devastating to privacy. There is plenty of room on the property for a building. McGrath said in R-6, the subject of a building site is not reviewable. McGrath said they can compromise and go back 10 f eet . Ms. Houben told Council there are private covenants for the Tagert subdivision which say the parties agree there shall not be 7 Regular Meeting Aspen Citv Council __ November 28, 1988 excavation on the hillside. Brandt told Council the neighbors reviewed the compromise sketch and do not feel it goes far enough. Councilman Isaac said he is concerned about having a lot split on land which has already been subdivided once. Ms. Houben said the intention of the lot split provision is an exemption from the growth management process and allows property owners to create a second dwelling. Ms. Houben said this is a large lot; however, it was subdivided after 1969. McGrath said the date 1969 was added later and was not a contemporaneous date. McGrath told Council the Tagert parcel is a metes and bounds lot and not a subdivided lot. McGrath said the Tagert parcel is a separate parcel and is eligible for a lot split. McGrath said there is not another piece of parcel like this in the city. Ms. Houben said there is no doubt this parcel was subdivided and the Tagert parcel is the fathering parcel of this subdivision. Mayor Pro Tem Fallin asked if Council can make the building envelope a condition. Ms. Houben said Council can add conditions. If Council chooses to overlook the more technical issues, it is only proper to look at the fact that the PUD was overlaid on the parcel for a reason. Tom Starodoj pointed out there is only a 10 foot difference between the planning office proposal and what the neighbors want. McGrath said this is 20 feet off their original proposal. Councilman Tuite moved to approve the lot split based upon the line as described by the Starodoj, Sneaky Lane Group, which is the red line, including 1, 2, and 3 in the planning office memorandum and condition #4 be changed to reflect the proposal presented by Chuck Brandt; seconded by Mayor Pro Tem Fallin. Councilman Isaac said he does not like the number of "tech- nicalities". All in favor, with the exception of Councilman Isaac. Motion carried. RESOLUTION #47, SERIES OF 1988 - Block 19 Annexation Assistant City Manager Mitchell said this meets the statutory requirements. This public hearing is to find that these require- ments have been met and to have the first reading of the or- dinance for annexation. Mitchell said this is located on East Hopkins street and the petition was signed by 100 percent of the property owners. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilman Isaac moved to approve Resolution #47, Series of 1988; seconded by Councilwoman Fallin. All in favor, motion carried. 8 Regular Meeting Aspen City Council November 28, 1988 Mayor Stirling moved to read Ordinance #54, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #54 (Series of 1988) AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF ASPEN AS REFERRED TO DESCRIBED IN THAT PETITION OF ANNEXATION OF TERRITORY TO THE CITY OF ASPEN CERTIFIED BY THE CITY CLERK ON OCTOBER 1, 1988, COMMONLY KNOWN AS BLOCK 19 was read by the city clerk Councilman Isaac moved to adopt Ordinance #54, Series of 1988, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. RESOLUTION #48, SERIES OF 1988 - Lone Pine Annexation Mayor Stirling opened the public hearing. Fred Gannett, city attorney's office, told Council the statutory requirements hav e been met. Assistant City Manager Mitchell told Council there were more than 50 percent of the property owners signing the petition. Gannett said by annexing the Lone Pine area, it will give more contiguity for annexing Hunter Creek and Centennial areas. Wayne Ethridge, representing Hunter Longhouse addition, told Council they are in the process of working through the county to build 5 additional units. Ethridge requested this area be annexed with the understanding that the process entered into with the county will be recognized. Gannett told Council the law requires if there is a review process in the works at time of annexation, the process should be allowed to complete itself. Mitchell said staff will recommend final adoption of the annexa- tion process when zoning for this area is finalized. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to approve Resolution #48, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. Councilwoman Fallin moved to read Ordinance #55, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #55 (Series of 1988) AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF ASPEN REFERRED TO AND DESCRIBED IN THAT PETITION FOR ANNEXA- TION OF TERRITORY TO THE CITY OF ASPEN, CERTIFIED BY 9 Regular Meeting Aspen Citv Council___ November 28, 1988 THE CITY CLERK ON AUGUST 4 , 19 8 8 , COMMONLY KNOWN AS LONE PINE/HUNTER CREEK was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #55, Series of 1988, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #47, SERIES OF 1988 - Affordable Housing/Displacement Alan Richman, planning director, suggested Council set aside a separate public hearing date f or this ordinance alone. Council selected Wednesday, January 4, 1989, at 5 p.m. to 7:30 p.m. Mayor Stirling said the two issues that have inspired this ordinance are loss of neighborhoods, character of neighborhood, stabilization of neighborhoods, and the loss of residential worker housing and owner/occupied residential housing. Richman told Council this is one of the most ambitious and intriguing initiatives made by staff and the planning office. Richman said a lot of work has been accomplished over the last few months in response to the administrative delay. Richman said there are major challenges before Council on land use issues. Richman said this ordinance is not the solution alone to Aspen's housing problems; however, it is seen as a prime portion of the overall solution. Richman pointed out the city has had a 3 part strategy for housing, which is production of new housing units, preservation of the existing inventory, and reduction of demand. Richman said in the early 1970's the focus was implementing a growth manage- ment plan since all growth does not pay its own way. Richman said there seems to be a housing shortfall of 250 units. Richman said in the years of producing employee housing units, the city has been able to keep up with the demands of growth and to keep up with the fact that the free market units seem to drain off. Richman said preserving inventory is fundamental to the production strategy. Richman said this ordinance also tries to deal with the neighbor- hood issue. The ordinance tries to insure that if new residen- tial developments are proposed in the future, that they not come in as free market projects with cash-in-lieu subsidies. Richman said the city would like to see the residential sector producing housing. Richman said when the city gets cash-in-lieu, it takes time to turn this into projects. This ordinance is also trying to change the trend of seasonality and to introduce year round occupants into the neighborhoods by encouraging and sometimes mandating accessory dwelling units on residential properties. 10 Regular Meeting Aspen City Council November 28, 1988 Richman said the ordinance contains a multi-family replacement program, which deals with the demolition of multi-family housing. Richman told Council the ordinance requires when multi-family units are demolished, they will have to be replaced at a 1:1 ratio. The replacement units have to be restricted at a minimum to middle income guidelines to try and make the program reason- able. This would make the project automatically eligible for double density currently allowed in the code. This ordinance replaces the residential bonus overlay. Richman pointed out the new density bonus does not require a rezoning. Richman said if an applicant has 50 percent price restricted housing, they are automatically eligible to double the density. Richman said this ties into the replacement housing program, which asks people to bring back what was previously on the property. In order to do this, there is incentive to allow twice the number of units. Richman said the ordinance provides a choice to people; if they chose not to go with the price restric- ted option, they can restrict units as to occupancy. Richman said the point is to have units sold within a restricted market to people who live and work in Aspen. Richman said these units would not be restricted to price but to a restricted market of qualified employees. The price would be what the market will bear. Another aspect of the ordinance creates accessory dwelling units, which are constructed within or attached to or on the same property as principle units. These units would be subject only to housing authority review. The units are at least 300 square feet or at least 10 percent of the floor area of the residence, whichever is larger. Richman said accessory units will be allowed to be added to any existing unit. This is a mechanism by which illegal dwelling units can be legalized. Richman said if an applicant is demolishing an existing single family or duplex residence, these accessory units are required. Richman told Council the third component of this program deals with new subdivisions. The ordinance requires that 25 percent of any new residential subdivision would be on-site affordable housing. Richman said new residential subdivisions are required to score points and are required to provide housing. This is a way of targeting the production method. Right now the options are to pay cash, convert existing units or to build, at the discretion of the developer. The ordinance also recognizes that some sites may not be appropriate for on-site housing. The ordinance gives Council the criteria and the discretion to determine if off-site or cash-in-lieu would be more appropriate. Richman said the last component of the ordinance is extend the new sliding scales developed last year. Council adopted a 11 Regular Meeting Aspen City Council November 28, 1988 sliding scale for the R-6 zone district. There was discussion at that time about adopting the sliding scale for the other dis- tricts. P & Z has recommended the sliding scales also apply to RMF, Office, CC, C-1, and Lodge/tourist residential zones. These zone districts have previously had an FAR of .75 to 1.25:1. Richman told Council there has never been a difference in the code for single family FAR and commercial and lodge FAR. This ordinance creates that difference. Richman told Council P & Z debated how to deal with affordable housing and the FAR. The approach P & Z came up with is if a person wants to build a free market unit, the sliding scale is 75 percent of the total FAR. If an applicant is willing to do a deed restricted or qualified employee unit, then one is allowed 100 percent of the sliding scale. If a person chooses not to provide on-site affordable house, the FAR is less. Richman said this proposal effects detached residential and duplex in addition to multi-family. The proposal has not differentiated between units that are long and short term currently. Richman explained if there is an ordinance which differentiate based on previous price or tenants, it is an encouragement to change tenure or price. Richman said the 1:1 replacement for multi-family is controversial. People have said this is impractical or unreasonable. Richman told Council this regulation is in effect in other communities. Richman said he feels it is feasible because of the density bonus option and the option to sell to qualified employees without price restriction. Richman said the ordinance does not contain economic incentives. The ordinance provides density bonus overlay. P & Z is recom- mending the city allow price restricted units to be exempt from water tap and building permit fees and that the city send a representative to the sanitation district for waiver of their fees. Richman said another issue is the exemption from the administra- tive delay. Richman told Council P & Z has exempted from the resolution those Council exempted from the administrative delay. Richman said if Council adopts an ordinance, that becomes law and people without building permits would be subject to the new law. Richman said the exemptions only last for the period of the delay. Richman told Council P & Z adopted this resolution 4 to 3. One P & Z member felt strongly about allowing condominiumization of accessory dwelling units. Some P & Z members felt this was a serious community problem but this was not the way to solve the problem. Doubling density in a neighborhood would undermine many of the community' s other goals. Richman said he f eel s it i s 12 Regular Meetinci__ Aspen City Council November 28, 1988 important to bring this ordinance to public hearing to get input from the community. Mayor Stirling asked why the 1:1 replacement is only targeted for the middle income price guidelines and not the moderate category. Richman said this is an ambitious program and is asking a lot of land owners. Richman said the costs are dif- ferent than growth management and is asking to replace units which previously had no restriction on them. Richman pointed out in the growth management plan, the points are focused on low and moderate categories. This is an opportunity to deal with people who have not been addressed before. Richman said staff was trying to minimize penalty for the land owner and to provide the greatest possible return. The housing office has been able to demonstrate the middle income units are a break even depending on costs in place. Mayor Stirling said the l:l replacement program only supplies 50 percent of the bedrooms. Richman explained the city's Code has a density limitation, a minimum lot area per dwelling unit require- ment, which is how much of the lot area has to be allocated f or the unit. Richman said staff and P & Z wanted to make sure there was plenty of room on the lot for the landowner to be able to build free market units. Richman said many of the multi-family complexes in Aspen are non-conforming. Richman said asking f or replacement ratios of 1:1 for units and 1:1 for bedrooms elimi- nates a landowner from having a free market unit. Richman told Council the ordinance provides some options to allow some off site options. Richman told Council the sliding scale does not effect multi-family, and it stays at 1:1. Richman said low income units, based on sales and rental price, does not return the cost to the developer. Mayor Stirling asked what if someone was going to remodel or to add on to an existing single family or duplex unit. Richman said the original proposal was to require adding of accessory units. Richman said this would stifle people's ability to grow with their f amilies or to upgrade their living conditions. Richman said the language introduces the term inhabitable/uninhabitable. Richman said if it a unit is not inhabitable, then it is demol- ished. Richman said by building an accessory dwelling unit, a single family unit does not become a duplex. Councilman Isaac said he is concerned about bringing single family and duplexes into this ordinance and whether it will bring a large increase in density. Councilman Tuite said he does like legalization of the bandit units. Councilman Tuite said he is concerned about just the housing review for accessory units because the neighborhood should have some input. Richman told Council the Commissioners have been reviewing accessory dwelling 13 Regular Meetin9_ Aspen Citv Council November 28, 1988 units. Richman said in the last couple of years, these have been rubber stamp reviews. Richman told Council this is an attempt to minimize the cost and time associated with production of these units. Councilman Tuite said he has a problem with the double density as a reward. Councilman Tuite said the city recently went through a code amendment to protect the west end because of what was being built out there. Councilman Tuite said if the town is in trouble with employee housing, then everyone should contribute evenly. Richman said there is a difference between density and floor area. Density is the number of units allowed on a property; FAR is a measure of bulk. The P & Z is suggesting within the same size, there can be more units. Richman said the problem in the west end was bulk. Richman said density has more of an impact on a neighborhood. Councilman Tuite said he would rather look at zoning around town. Richman agreed this cannot substitute f or the production strategy but is a portion of the overall strategy. Richman said the city and county have to zone and recognize areas for production of housing. Mayor Stirling said this is not the only area on which the city is working. There are projects planned on the Marolt property and the Red Roof Inns. Mayor Stirling said this is a monumental proposal. Councilwoman Fallin said the Council has reacted to a crisis for today. This does not seem to address anything long term but just the current shortfall. Councilwoman Fallin said there will be a lot of impacts from this ordinance that the city cannot f oresee. Councilwoman Fallin said she would like to see long term planning. With the GMP, the city should be able to understand what needs to be taken care of in the employee base. Richman reminded Council in July he presented a 6 month work program and suggested the most important priority was the land use plan to accomplish a build out analysis. At that time, Council said the first priority is to respond to the demolition problem, and the moratorium was imposed. Richman agreed the city needs a plan. Richman said he would have preferred the housing element and the land use element proceed this. Mayor Stirling said these proposed measures buy the city time so more neighbor- hoods and more employee housing is not lost. Mayor Stirling said there is enormous pressure to redevelop in Aspen. Councilwoman Fallin said she is uncomfortable that this ordinance may be a growth generator, which will create the need for more employees, which will create the need for more employee housing. Richman suggested at the next hearing, this ordinance be broken into segments to see where there is comfort and to see where the ordinance responds to the problem Council identified last summer. Richman said this ordinance is very aggressive and comprehensive. 14 Regular Meeting Aspen City Council November 28, 1988 Councilman Tuite moved to read Ordinance #47, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #47 (Series of 1988) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE ASPEN LAND USE REGULATIONS WITH RESPECT TO PROVISION OF AFFORDABLE HOUSING AND DISPLACEMENT was read by the city clerk Councilman Tuite moved to adopt Ordinance #47, Series of 1988, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Isaac, yes; Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #48, SERIES OF 1988 - Conversion of Stoves Councilwoman Fallin moved to read Ordinance #48, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #48 (Series of 1988) AN ORDINANCE AMENDING SECTION 11-2.3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, SO AS TO REGULATE INSTALLATION OF CERTIFIED WOODSTOVES AND FIREPLACES CONTAINING GAS LOGS AND PRESCRIBING THE PENALTY FOR A VIOLATION OF SAID AMENDMENT was read by the city clerk Councilman Isaac moved to adopt Ordinance #48, Series of 1988, on first reading; seconded by Councilman Tuite. Roll call v ote; Councilmembers Fallin, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ASPEN VALLEY IMPROVEMENT ASSOCIATION REQUEST OF COUNCIL__TO ZONE THE MEADOWS PROPERTY AND REMAND TO P & Z Councilman Isaac said he understood the owners of the propert y will be submitting plans to the planning office for a development proposal. Councilman Isaac said he does not know how the P & Z can be looking at two proposals f or the same property at the same time. Mayor Stirling said the Meadows currently has an SPA designation. The AVIA would like Council to apply zoning to this property. John McBride, AVIA, said the AVIA has 182 members. They surveyed 41 citizens. As a result of this survey, the AVIA submitted a proposal that the Meadows land be zoned academic/cultural. McBride said there was a very strong sentiment about the property 15 Regular Meeting Aspen City Council November 28, 198.8 and that it should retain a certain scale and quality. McBride said based on the survey and what the citizens wanted, they felt there should be zoning for the whole property. McBride said there is a concern that the uses be protected, not necessarily the users. McBride said they are most concerned about the perpetuation of the campus, park that is the heart of this community and to preserve the special qualities. McBride said this can be done through zoning, or covenants or deed restric- tions. McBride said the applicants talked about 5 goals: preserve the organizations, preserve the campus; be sensitive to the neighbors, solidify the organizations and to allow a low density development. McBride said AVIA's main focus is long term preservation of the campus. Dwight Shellman said the draf t zoning regulations were drawn up to accomplish a specific purpose. One is to zone the area to the existing use, to the bulk and area defined by what is existing right now. This is a preservationist measure to develop some standards. Another statement is that these uses may be increased or enlarged by a special review process if the impacts are addressed and mitigated. Shellman said the city should look at what uses should be permitted there in the abstract, away from the proposal from the consortium. Shellman said there is a need to address both historical vehicle and future vehicle usage of the area. Frank Peters, WSIA, said there are problems with the present use of the property, without regard to expansion. Peters said the WSIA sent out ballots to members of the west end, who favor the resolution presented by AVIA. Peters requested this resolution be remanded to P & Z to be considered concurrently with the request of the consortium. Council made no motion and presumed that the proposal outlined last week will continue into the planning department and then to th e P & Z. Mayor Stirling said there is a reluctance to have plans simultaneously, which might have a convoluted result. RED ROOF INNS SALE TO HOUSING AUTHORITY Jim Adamski, housing office, reminded Council the housing office was instructed to come back with an offer to buy and use the Red Roof Inns as housing. Adamski said the housing office feels they can run affordable housing at the Red Roof for seasonal and M.A.A. by paying the city $1,000,000, putting $400,000 into rehabilitation, and constructing an addition of $1,200,000. This would be bonded through a mortgage revenue bond. Adamski t old Council assumptions he used were that the city wanted at least 51,000,000 out of the project; that they wish to maintain a portion of the project dedicated to golf support, and that 16 Re~xular Meeting Aspen City Council November 28, 1988 Council wishes to maintain city assets. Adamski said at the end of a 50 year lease, this would be returned as a public asset. Adamski said the housing office used Hunter Longhouse as a model. The Red Roof would house 100 persons. It is designed with flexibility where if dormitory housing is not needed, these can be two-bedroom units. Adamski said he used $300,000 cash-in-lieu to get the project going with a 20 year pay back. Adamski requested direction to proceed with a full scale proposal to Council. Adamski said there is a tight timeline to get anything done by next summer. Adamski said he f eels the project can be done and will make a major impact on employee housing. Assistant City Manager Mitchell said using general obligation bonds rather than mortgage revenue bonds would lower the per- centage rate and would allow the Council to lower the costs of the rent or to increase the purchase price. A g.o. would require an election. Harry Truscott, housing board, said they generally prefer to have project where the city and county are not obligated, but the operation of the project pays for it. Connie Jungbluth said using a g.o. bond encumbers the city's bonding capacity and does require an election. Ms. Jungbluth said the interest rate difference depends on the market spread. Ms. Jungbluth said the city can pledge to cover a portion of the bonds. Adamski said the philosophy of the housing office is to make a project stand on its own. Councilman Isaac moved to proceed in having the housing authority make a presentation to Council no later than January 23, 1989, including a full proposal of g.o. bonds versus housing revenue bonds; seconded by Mayor Stirling. Doug Allen, housing board, asked if Council is willing to take $1,000,000 with a 50 year lease for this project. Truscott said with the revenue bond route, the housing authority would own the building and the additional units and would lease the land from the city. City Manager Bob Anderson pointed out the city owes the Red Roof Inns $100,000 for the furniture and fixtures. Council has gone on record saying they will use the revenue from the Red Roof on city hall. Anderson recommended getting $1,300,000 out of the building. Adamski said their first priority is affordable housing at the price of $1,000,000. Truscott said this project is going to be difficult to finance. Truscott said this project will be support with seasonal housing, rather than permanent housing. Truscott said they will have to sell the bonds with contracts with businesses, like the M.A.A. Councilman Tuite said he likes the proposal and would like the housing office to address leasing of the restaurant, lease of the 17 Regular Meeting Aspen Citv Council November 28,___1988 tennis courts and the pool. Councilman Tuite said he likes the reverter to the city in 50 years. All in favor, motion carried. Mayor Stirling moved to table West Francis Paving; RFTA routes; Request to Defer Water Tap - Hamwi; Drug and Alcohol Abuse Policy; 1989 Fitness/Wellness Program; and Referral of Hunter Longhouse addition to December 12, 1988; seconded by Councilman Tuite. All in favor, motion carried. LIQUOR LICENSE RENEWAL - Copper Kettle Mayor Stirling said the Council has received two letters of complaint. The issue before Council is to determine whether there should be a public hearing on the renewal of this liquor license. Councilman Isaac said Council received a letter from adjacent neighbors stating they were distressed with the Copper Kettle/Tippler's ability to control noise in the late evening. John Goodwin, police chief, told Council the Tippler has put a lot of energy into monitoring against underage drinkers getting into the bar. Goodwin said underage drinking is not the problem it was 2 or 3 years ago. Councilwoman Fallin said the current problems are outside noise and illegal parking. Councilwoman Fallin said last year there was a private patrol hired and the neighbors would like the Tippler to participate in that patrol and to take responsibility for the people that are leaving their bar. Councilwoman Fallin moved that the liquor license f or the Copper Kettle/Tippler be renewed with the conditions that they par- ticipate in a patrol to mitigate the noise and crowd and parking problems that are effecting the neighborhood; seconded by Mayor Stirling. Sirous Saghatoslami, Copper Kettle, told Council he agreed to participate in a patrol last year based that it would not create a liability for the Copper Kettle. Saghatoslami told Council his attorney counselled him that they would be liable on public property if they hired a patrol to control the crowd. Saghatos- lami told Council this summer he did not receive any complaints about noise. Last year, he cooperated with the North of Nell but not financially. Mayor Stirling suggested the city see a joint plan from the adjacent condominiums and from the Copper Kettle that is an acceptable plan. This can be approved by the city manager. Saghatoslami pointed out that the Grand Aspen has a similar liquor license and operation as the Copper Kettle. They also 18 Regular Meeting Aspen Citv Council ____November 28, 1988 contribute to the noise. Saghatoslami said he feels he is being penalized every year. Lee Miller said last year Saghatoslami promised to contributed $1,000 to the patrol. Miller said he has a file of complaints from guests. Miller said there is a section of the code which covers disturbing the peace. Miller said patrons of the Tippler are causing the problem and asked as a condition of the liquor license renewal that Saghatoslami help solve that problem. Councilman Isaac said one of the reasons there are problems at the Tippler is advertising to bring in a certain types of clientele and activity, like dirty dancing contests. Saghato- slami told Council he bought a decibel meter and makes sure that the music from the Tippler does not exceed the city ordinance. Saghatoslami told Council he spent $150,000 last year soundproof- ing the Tippler. Councilman Tuite said the Tippler is located in a residential area. City Manager Bob Anderson said he will be glad to meet with the parties to see if something can be worked out. Council asked for a report by December 19th.. All in favor, motion carried. RESOLUTION #45, SERIES OF 1988 - Tow Contract Councilman Tuite moved to approve Resolution #45, Series of 1988; seconded by Councilwoman Fallin. All in favor, motion carried. 1/2 HOUR PARKING TO HOUR PARKING Councilwoman Fallin moved to change 1/2 hour parking to 1 hour parking; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #53, SERIES OF 1988 - Tow Fee Increase Councilwoman Fallin moved to read Ordinance #53, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #53 (Series of 1988) AN ORDINANCE ESTABLISHING A TOWING FEE OF $60.00 FOR ANY VEHICLE IMPOUNDED UNDER THE AUTHORITY OF SECTION 22-20 OF THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPAL- ITIES was read by the city clerk Councilman Isaac moved to adopt Ordinance #53, Series of 1988, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. 19 Regular Meeting Aspen City Council November 28, 1988 Councilman Isaac moved to extend the meeting 10 minutes; seconded by Councilman Tuite. All in favor, with the exception of Councilwoman Fallin and Mayor Stirling. Motion NOT carried. Assistant City Manager Mitchell said some of the ordinance have to be adopted tonight because they effect the 1989 budget. Mayor Stirling moved to have first readings on Ordinances 49, 50, 51 and 52; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #49, SERIES OF 1988 - Business License Increase Councilman Isaac moved to read Ordinance #49, Series of 1988; seconded by Councilman Tuite. All in f avor, with the exception of Mayor Stirling. Motion carried. ORDINANCE #49 (Series of 1988) AN ORDINANCE REPEALING AND REENACTING SECTION 12-102 OF ARTICLE V, OF CHAPTER 21 OF THE MUNICIPAL CODE CONCERN- ING THE TAX LEVY FOR THE OCCUPATION TAX was read by the city clerk Councilman Isaac moved to adopt Ordinance #49, Series of 1988, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Fallin, yes; Mayor Stirling, no. Motion carried. ORDINANCE #50, SERIES OF 1988 - Liquor Occupation Tax Councilman Tuite moved to read Ordinance #50, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Fallin said Council wanted to contribute to ASAP out of this revenue. Councilwoman Fallin said she would like the language to reflect that the city dedicates a portion to Tipsy Taxi and to ASAP. Assistant City Manager Mitchell said these can be put in the ordinance. ORDINANCE #50 (Series of 1988) AN ORDINANCE AMENDING SECTION 4-32 OF THE ASPEN MUNICIPAL CODE PROVIDING FOR THE INCREASE IN THE ANNUAL OCCUPATIONAL TAX REQUIRED TO BE PRIOR TO THE ISSUANCE OF A LIQUOR LICENSE was read by the city clerk 20 Regular Meeting Aspen City Council November 28, 19.88 Councilman Isaac moved to adopt Ordinance #50, Series of 1988, on first reading; seconded by Councilman Tuite. Councilwoman Fallin moved to have 10 percent donation to Tipsy Taxi and 5 percent donation to ASAP included in the ordinance; seconded by Councilman Isaac. All in f avor, with the exception of Mayor Stirling. Motion carried. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #51, SERIES OF 1988 - Appropriations Councilman Isaac moved to read Ordinance #51, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #51 (Series of 1988) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $107,700; APPROPRIATING GENERAL FUND EXPENDITURES OF $170,954; REDUCING GENERAL FUND EXPENDITURES OF $49,600; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $11,315; TRANSFERRING $49,600 FROM THE GENERAL FUND TO THE WHEELER TRANSFER TAX FUND; TRANSFERRING $358,000 FROM THE GENERAL FUND TO THE PARKING IMPROVEMENT CAPITAL PROJECT FUND; RECOGNIZING LAND FUND REVENUES OF $39,000; APPROPRIAT- ING LAND FUND EXPENDITURES OF $34,000; TRANSFERRING $20 , 000 FROM THE LAND FUND TO THE GENERAL FUND; RECOGNIZING WHEELER TRANSFER TAX FUND REVENUES OF $10,000; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $59,600; APPROPRIATING 1985 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND EXPENDITURES OF $1,000; RECOGNIZING GALENA STREET CAPITAL IMPROVEMENT PROJECT FUND REVENUES OF $11,000; APPROPRIATING GALENA STREET CAPITAL IMPROVEMENT PROJECT FUND EXPENDITURES OF $11,000; APPROPRIATING PARKING IMPROVEMENT CAPITAL PROJECT FUND EXPENDITURES OF $358,000; APPROPRIATING WATER FUND EXPENSES OF $19,000; RECOGNIZING ELECTRIC FUND REVENUES OF $16,000; APPROPRIATING ELECTRIC FUND EXPENSES OF $32,700; APPROPRIATING RUEDI FUND EXPENSES OF $140,000; RECOGNIZING ASPEN/PITKIN WATER TRUST FUND REVENUES OF $20,000 was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #51, Series of 1988, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Fallin, yes; Mayor Stirling, yes. Isaac, yes; Tuite, yes. Motion carried. 21 RecLular Meeting Aspen City Council November 28, 1988 ORDINANCE #52, SERIES OF 1988 - Amending Land Use Fees Councilman Tuite moved to Read Ordinance #52, Series of 1988; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #52 (Series of 1988) AN ORDINANCE RE-ESTABLISHING THE LAND USE APPLICATION FEES CHARGED B Y TH E ASPEN/PITKIN PLANNING OFFICE AND REPEALING ORDINANCE N0. 68 (SERIES OF 1985) , TO THE EXTENT SAID ORDINANCE IS INCONSISTENT WITH THE FEES AND PROCEDURES ESTABLISHED HEREIN was read by the city clerk Councilman Tuite moved to adopt Ordinance #52, Series of 1988, on first reading; seconded by Councilman Isaac. Alan Richman, planning director, told Council the fees are not being increased. This ordinance makes them consistent with the new land use code. Roll call vote; Councilmembers Isaac, yes; Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. PARKING STRUCTURE BIDDING PROCESS Councilman Tuite moved to direct staff to work with RNL to pre- qualify 4 to 6 general contractors and request bids from these general contractors f or the parking structure project; seconded by Councilman Isaac. All in favor, with the exception of Mayor Stirling. Motion carried. PARKING STRUCTURE COST ESTIMATE Assistant City Manager Mitchell told Council P & Z has requested that the alignment of Spring street be changed. This has added over $200,000 to the project. Mitchell said the project is coming up against the $6,500,000 authorization. Mitchell said he would like direction from Council. RNL is moving along to develop specifics for the SPA approval and also with the con- struction documents. Mayor Stirling said he feels the Spring street alignment is fundamental to the project. Councilwoman Fallin said she would like to have a presentation. Councilman Tuite agreed. Mayor Stirling moved to put this on the December 12, 1988, agenda; seconded by Councilman Tuite. All in favor, motion carried. 22 Regular Meeting - Aspen City Council November 28, 1988 The meeting adjourned at 9:15 p.m. Kathryn S Koch, City Clerk 23