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HomeMy WebLinkAboutminutes.council.19890109Re~-u-3ar -Mee-ting _._.____. -._- A~~n Cit,~ Coin-ci-1 - - _ - 3-~nuary. 9,- 1989 PROCLAMATION - Aspen Highlands 30th Anniversary 1 CITIZ EN COMMENTS 1 COUNCILMEMBER COMMENTS 2 CON SENT AGENDA 4 ORDINANCE #47, SERIES OF 1988 - Affordable Housing/Displace- ment 5 ORDINANCE #56, SERIES OF 1988 - H Designation Smith/Elisha 9 ORDINANCE #57, SERIES OF 1988 - Williams Addition Annexation 9 10 O1 UTE AVENUE LOT SPLIT/PUD 10 LIQUOR LICENSE RENEWAL - Andre's 13 APPEAL OF CLEAN AIR BOARD DECISION - The Log Cabin 13 REQUEST TO USE WHEELER - Aspen-Vail Interconnect 13 REPORT ON CHARTER AMENDMENTS 14 RESOLUTION # 4 9, SERIES OF 1988 - Sheehan Condemnation 14 CONCRETE WORK AT ICE GARDEN 17 PR CONTRACT AIR POLLUTION CAMPAIGN 18 ORDINANCE #l, SERIES OF 1989 - Use Tax Agreement 19 ESTATE PLANNING MERGER ISSUE 20 EMPLOYEE HOUSING CASH-IN-LIEU BUDGET 20 22 ReQUlar__Meeting Aspen City Council January 9. 198.9 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Isaac and Gassman present. PROCLAMATION - Aspen Highlands 30th Anniversary Mayor Stirling and the Council declared Monday, January 9, 1989, Aspen Highlands Day. Mayor Stirling read a proclamation for Aspen Highland into the record and presented it to Dick Merritt. (Councilmembers Fallin and Tuite came into the meeting). CITIZ EN COMMENTS 1. Pat Milligan presented a letter and petition with 148 signatures regarding RFTA services. The petition requests the addition of a 9:15 and 11:15 bus every evening. Ms. Milligan told Council she obtained signatures only on the buses and if she had gone to shops and restaurants, she could have presented 1,000 names. Ms. Milligan told Council retail shops close at 9 p.m. and employees have to wait over an hour for a bus. The res- taurants close by 10 p.m. and have clean up after and people must wait until 12:30 to catch a bus. Many of these people drive instead. Ms. Milligan told Council while collected these signatures, she heard a number of stories of inconvenience from people who have to live down valley. Ms. Milligan said more buses are needed during the rush period, express buses are needed to El Jebel and Basalt, and hourly service is needed from the morning until 2 a.m. Ms. Milligan said the ridership has tripled over the last year. Ms. Milligan said there are government grants for programs like this. Ms. Milligan said RFTA is set in their way and does not want to hire more drivers. Ms. Milligan said RFTA has been turning a blind eye to the obvious. Ms. Milligan said she hopes Council will give this serious consideration. Councilman Tuite said he will go over this with the other city RFTA representative and will take these suggestions to the RFTA board and will report back as soon as possible. 2. Stan Mathis, representing the owners of Callahan/cordon subdivision, (Mayor Stirling stepped down due to a conflict of interest), told Council the motion passed at the last meeting was not quite what the owners had in mind. Mathis told Council he has met with the owners and has been able to address some concerns Council had. Mathis said the applicants would like to come back w ith a revise d plan f or conceptual rat he r than a revised final plat. Councilwoman Fallin asked if this has been discussed with staff . Mathis said the planning office suggested the applicants prepare a final plat with the revisions. Mathis said that could be fruitless if Council does not like the final plat. The applicants would like to bring back a final revised 1 Regular Meeting Aspen City Council January 9, 1989 conceptual plan. Mathis said they will be bring back the total picture of the subdivision. Fred Gannett, city attorney's office, told Council this should be a reconsideration of the last decision. Councilman Tuite moved to reconsider and schedule this for Council in February; seconded by Councilman Isaac. All in favor, motion carried. 3. Richard Roth inq uired about an election complaint filed in November. Roth said at that time there was not a full election commission. Roth said if the election commission is not con- stituted, Council should hear this complaint in a work session. City Clerk Kathryn Koch told Council she had two applications for the election commission, Michael Christopher and Mary Martin. Mayor Stirling moved to appoint Michael Christopher to the election commission; seconded by Councilman Gassman. All in favor, motion carried. Mayor Stirling asked the city clerk to circulate Christopher's application to Council and to set up a meeting of the election commission to address this issue. COUNCI-L MEMBER COMMENTS 1. Mayor Stirling said there have been a series of bomb threats in Aspen over the last week. Mayor Stirling said staff moved quickly to respond to these threats. Mayor Stirling said these threats create a genuine fear in people; there is an enormous loss of work and use of taxpayer's money. Mayor Stirling said he feels these are terrorists messages. Aspen has had a long, wonderful history of great debate and great disagree- ment. The community is known for its individualism and it's great independent expression. Mayor Stirling said these are not the kinds of messages that are appropriate for the town; they are destructive and have a violent edge to them. Mayor Stirling urged anyone who is f eeling this strongly there are other courses of action to be taken . 2. Mayor Stirling moved to take the Red Roof Inns PUD process of the consent agenda and to add it as item (j) if there is time; seconded by Councilwoman Fallin. Mayor Stirling said he does not agree with shortening the process. Councilman Gassman said he does not feel there is enough information to decide whether the process should be shortened. All in favor, motion carried. 3. Mayor Stirling said there is an application f or a final SPA for the library which will be considered by P & Z January 10th. Mayor Stirling said Council has heard nothing of the specifics of 2 Regular Mee~inc~_ Aspen Citv Cou cil Januarv 9. 198.9 this plan. Mayor Stirling said he is concerned about the plan as it is being proposed. Mayor Stirling said he would rather see the library stay w here it is rather than on the Rio Grande. Mayor Stirling said the library is a significant, new public building. It should be the best building the community can put forward and should make a statement. Councilman Gassman agreed this is a major public building. Councilman Gassman said he is afraid the building is just happening without a lot of scrutiny and input from the community. Councilman Gassman said it has been suggested the city look at putting some housing on the roof of the parking garage. Council- man Gassman said he feels this is a good idea and should be looked at. Councilman Gassman the parking garage will have 4,000 sq uare feet of commercial space as well as the garage . The city should look at providing housing for this facility. Councilman Gassman suggested a work session to look at the roof of the garage, how does the library work, and to look at housing. Tom Baker, planning office, told Council they should ask for additional drawings from the library. Baker pointed out the city has been very cooperative with the library. Baker said housing was discussed early in the process and started to be overwhelming to look at it. Baker said the land exchange agreement with the county is tied up with guarantees that the county will hav e a site appropriate for 10,000 square feet of office space. Baker said the roof of the parking garage has been looked at for this space. Councilwoman Fallin said she would rather see this area remain as a civic plaza rather than adding housing. Baker suggested Council can separate the roof of the garage, the garage, and the library. Council scheduled a work session for Wednesday, January 18 at 5:00 p.m. 4. Mayor Stirling said the AVIA has req uested 30 minutes on the January 16th work session to make a presentation on a monocable system. Council added this at 7 p.m. on January 16. 5. Councilman Isaac commended the Mayor on his comments about the bomb threats. 6. Councilman Tuite told Council RFTA has had the high occupan- cy vehicle lane study completed and has cost estimates on phases. Councilman Tuite said the recommendation is to go with the first phase, which is a HOV lane f rom Castle Creek to town. The savings make sense even if there is a four-lane in the next couple of years. Councilman Tuite said RFTA would like to bring this to the Council and Commissioners and get the elected officials to agree this is an acceptable program. Councilman 3 Regular Meeting Aspen City Council January 9. 1989 Tuite told Council the highway department is not in favor of HOVs. Council agreed to schedule a public hearing at 5 p.m. on January 30th with RFTA and the Commissioners. 7. Councilwoman Fallin said in watching Grassroots film of the public hearing last week, it is difficult to hear anyone from the audience speaking. Grassroots aid they will turn up the micro- phones. 8. Councilman Gassman said the snow melter has been operating for a few months and requested a report from staff on how this is going. Jay Hammond, city engineer, said the city is having some difficulties. A start up problem has been repaired. Hammond said staff sees nothing to lead them to believe that the problems cannot be resolved. Chuck Roth, engineering department, said the snow melter has been in operation 34 days. Roth said this is a complex piece of eq uipment and it will take some time to get the problems ironed out. Dan from Trecan is in Aspen to help iron out the problems. City Manager Bob Anderson said t he w ay t he operations stands, the city cannot dump trucks directly into the pit with one melter. Anderson said there should either be two melter s o r a redesign of the pit . Councilman Isaac asked if there have been noise complaints. Roth said he received one call from Oklahoma Flats complaining about the back up beeper. The city shop has put a damper on this and turn it down to low. Phoebe Ryerson said the impound lot has been cleared of cars and suggested this lot be used f or trucks to back into and dump the snow into the melter. 9. Mayor Stirling said he will be meeting with members of the state legislature and Colorado Association of Ski Towns. Mayor Stirling said the main topics will be transportation and the economic report on ski towns and revenues to the state. CONSENT AGENDA Mayor Stirling moved to take Andre's liquor license renewal off the consent agenda and make it VIII (a-1); seconded by Councilman Tuite. All in favor, motion carried. Councilwoman Fallin moved to approve the consent calendar without the Red Roof and Liquor License renewal- Andres; seconded by Councilman Tuite. the consent agenda is A. Minutes - December 12, 19, 1988 B. Liquor License Renewals - Home Plate; Crossroads; Milan's C. Liquor License Transfer - Charlemagne D. Special Event Permit - Restaurant Association E. City Manager Salary All in favor, motion carried. 4 Regular Meeting Aspen City Council January 9. 1989 ORDINANCE #47. SERIES OF 1988 - Affordable Housing/Displacement Alan Richman, planning director, told Council he has taken all the suggestions he heard in the meetings and listed them as options f or the ordinance. Richman reminded Council the purpose for the administrative delay was to address single f amily, duplex an d multi-family demolition actions and to req uire on-site housing to be produced. Richman said Council determined any ordinance that was adopted should work toward incentives for the production of affordable housing. Richman said the replacement housing program as currently written requires a 1:1 replacement ratio, 50 percent of the bedrooms and deals enly with multi-family. This is option A. Another option would be to adopt the original program, which is a l:l replace- ment for multi-family and a mandatory caretaker unit for single family and duplex units. Richman said option C is to do the l:l requirement and require 25 percent on-site affordable housing. Richman said this does not deal with how many units were on site, only how many units are proposed to be built. Richman said he feels 25 percent requirement is too little when there is demoli- tion. Richman said when there is demolition and loss of units, at least half of the project being built should be affordable housing. This is option D. Richman presented some add-on options. Option E is if there is a multi-family program, when there are 3 units beings demolished or units being assembled to be demolished, the replacement housing requirements should apply. Richman said option F is to allow replacement to occur outside of the city. Richman said option G is in a replacement program, there ought to be incentives to make it work. The only incentive in the current program is increased density. It has been suggested to allow increased FAR, height and lesser open space. Richman said option H is to drop the program entirely and replace it with a 24 to 36 month ban on demolition of any unit in Aspen. Option I is to drop the program and replace it was a q uota or lottery system to limit the number of demolition permits annually. Councilwoman Fallin said option G of allowing incentives seems like a growth generator. Richman said P & Z discussed this and does not feel comfortable with bonuses. Richman agreed it is not time for that type of approach. Councilwoman Fallin said Council has spent a lot of time on setbacks, height and open space in the R-6 zone. Councilwoman Fallin said she does not favor this option. Councilman Isaac asked if option D, 50 percent of the project be on-site affordable housing, would apply to condominiums that have 5 Regular Meeting Aspen City Council Januarv 9. 1989 been used for short term use. Richman said the way the ordinance is written, there is no differentiation based on tenure of units. Richman said this could apply to condominiums. Richman said reports indicate that multi-family condominiums generate more service req uirements than local-oriented housing and have not met a housing need in the past. Councilman Gassman said it will be difficult to tell condominium owners that their units have to be replaced with employee housing. Richman said the 50 option allows the density bonus to kick in. Units would not be elimina- ted but sq uare footage would be used. There could be a mix of employee units and free market units. Councilman Isaac said he favors options D, E and some of G, like additio nal floor area and reducing open space. Councilmembers Fall in and Gassman said they do not favor FAR incentives. Richman said the density bonus in this ordinance is written as a matter of right. The other incentives would have to have special review and notices. Richman said he does not feel it is the answer to trade away values that keep neighborhoods compatible. Councilman Gassman said he likes the idea in option E and seems to getting at what Council was trying to do when they started. This does not effect an owner who wants to tear down a house or duplex and replace it. Councilman Gassman said this option gets at what brought everyone's attention to the problem, when half a street is torn down at once. Richman said the code consultant is more comfortable with the more comprehensive ordinance. The city has a clear public purpose they are trying to deal with. Councilman Gassman asked about having the ordinance in effect if two lots are combined. This would leave an individual owner unaffected but gets at the problem of assembling properties. Mayor Stirling said Council received a letter from Richard Compton suggesting that houses below a certain size be exempted. Richman said every time an exemption is put in regulations, that is what draws the most attention. Richard Compton said owners with small lots and small houses may want to rebuild and the requirement for some kind of accessory unit would be onerous. Councilman Isaac moved to revise section 1 to encompass options D and E and change option E to change "when 3 or more detached units" to "2 or more detached units"; seconded by Councilwoman Fallin. All in favor, with the exception of Mayor Stirling. Motion carried. Councilman Isaac stepped down on sections 2 and 3 due to a conflict of interest. Richman said by eliminating single f amily and duplex above, this has made the accessory dwelling unit program a voluntary program and would legalize bandit units. 6 Regular Meeting Asx~en Citv Counci~.___ Januarv 9. 1989 Richman said the bandit units would be reviewed to have them meet the minimum saf ety req ui rements . Mayor Stirling moved to direct the planning office to take option A, adopted as written, legalize bandit units, add a density bonus, and fees waivers; seconded by Councilwoman Fallin. All in f avor, motion carried. Dan Arrow said the housing problem is urgent and the community has to handle it. Arrow said he feels the problem is much bigger than has been brought out. Richman said section 4 is a minimum 25 percent on-site affordable housing requirement for all subdivisions. Richman said develop- ers are in the business of producing housing and they must produce on-site housing to help this community solve its problem. Mayor Stirling moved to adopt section 4 as written; seconded by Councilman Gassman. All in favor, motion carried. Richman said Section 5 currently has a density bonus when the project is 50/50 affordable housing to free market. Richman said it was suggested to look at greater density when the project is 100 percent affordable housing. Richman said this greater density would be of right. Mayor Stirling moved that a second bonus provision be added when development is 100 percent affordable housing to the existing language that is already in section 5; seconded by Councilman Isaac. All in favor, motion carried. Mayor Stirling asked how far off-site would be an acceptable solution to provide affordable housing. Richman said the code req ui res thi s be within the city limits and would need to be expanded if Council agrees. Mayor Stirling said he would be willing to see something happen outside the city limits. Richman suggested the annexation area. Councilwoman Fallin said she would agree with the Aspen Metro area. Council req uested this be defined by the January 23 meeting. Richman told Council sections 6 through 11 are mainly housekeep- ing items. Section 7 adds dormitory as a permitted use in the RMF and off ice zone . Richman said section 12 - 16 address the revised FAR sliding scale. Richman said t his is an important aspect of trying to provide disincentive to people demolishing small homes in the downtown area. Richman said the current FARS in the CC, C-1, LTR and office zone are incentives to peopl e to avoid growth management and avoid housing req uirements and build a duplex on land that someday may be necessary for commercial purposes. Richman said the sliding scales are very appropriate. 7 Regular Meeting Aspen City Council January 9. 1989 Mayor Stirling moved to adopt sections 12 - 16 as written; seconded by Councilman Gassman. All in favor, motion carried. Richman told Council there are 4 items in the economic incentives program. The first is to waive land use and building permit application fees for 100 percent affordable housing. The second is to waive water tap fees. The third incentive is to send staff or Council to the Sanitation District to req uest they look into a fee waiver for sewer tap fees. The fourth is a recommendation to go forward with some type of tax initiative to help implement the affordable housing production plan. Councilwoman Fallin asked what waiving the water tap fees does to the city's budget. City Manager Bob Anderson said there will be less money. Councilwoman Fallin said this is an incentive but there is a cost the city will have to absorb. Council asked the finance department address this on January 23. Mayor Stirling moved to consider waiving land use and building application fees, water tap fees, and appealing to the sanitation district to j oin; seconded by Councilman Isaac. All in favor, with the exception of Councilman Gassman. Motion carried. Councilman Isaac said for a funding mechanism, his preference would be a property tax but have it extend beyond the city limits, like having a housing district. Mayor Stirling asked Council if they wished to pursue a form of levy that would be earmarked for the purchase of ground targeted for the building of employee housing. Councilmembers Tuite, Fallin and Isaac said they were interested. Councilwoman Fallin said she would like to be discussed at a joint meeting with the county. Mayor Stirling said he would like Council to also look at the annexation of the Airport Business Center and the revenues that are generated there. Richman said if Council is interested in other ideas, like increasing the affordable housing requirement for commercial and lodge development or to move residential/duplex from permitted to conditional uses in commercial zones, they should direct staff to work on these with P & Z . Richman told Council he would not recommend increasing the housing req uirement beyond 60 percent at this point. Councilman Tuite suggested looking at taking away credits in demolition. Phoebe Ryerson said there is money in cash-in-lieu awaiting use and there is land the city and county owns that can be used for housing. Mayor Stirling moved to continue the public hearing to January 23, 1989; seconded by Councilwoman Fallin. 8 Regular Meeting- Aspen City Council January 9.1989 Rick Neiley said the burden still falls primarily on RMF and Council could simplify this to apply to any demolition going on, 25 percent of that replaced has to be affordable housing. Thi s would bring in single family and duplex. Richard Roth commended Council for moving ahead with this ordinance. Roth encouraged Council to stay with the single family and duplexes in this ordinance. All in favor, motion carried. ORDINANCE #56, SERIES OF 1988 - H Designation Smith/Elisha Mayor Stirling opened the public hearing. Roxanne Eflin, planning office, told Council this house has been determined to be eligible for listing on the national register. This is the last remaining exceptional structure to be designated in the Main street historic district. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #56, Series of 1988, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Councilwoman Fallin moved to approve the historic designation grant of $2, 000; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #57. SERIES OF 1988 - Williams Addition Annexation Mayor Stirling moved to open the public hearing. Assistant City Manager Mitchell reminded Council this annexation had been tabled due to superf and considerations. Mitchell said no one can say what the result of the city's annexing into the superfund will have on the city. Mitchell said the city will be taking ownership of the public rights-of-way in this annexation. Jon Busch requested Council put pressure on Holy Cross to underline the one power line in Williams addition. Busch told Council the Williams addition residents met with the planning office to discuss appropriate zoning for the neighborhood. Busch said the lots are 30 by 125 and qualify for an R-6 zone. Busch told Council 3 owners of larger parcels of land want RMF zoning. Busch requested Council zone this area R-6 to keep a small type neighborhood. Richman told Council P & 'Z has a public hearing scheduled for January 17 to initiate the zoning process. The ordinance will then come to Council. Busch supports this annexation. 9 Regular Meeting Aspen City Council January 9, 1989 Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #57, Series of 1988, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. 1001 UTE AVENUE LOT SPLIT/PUD Roxanne Ef 1 in, planning office, told Council the applicants are in agreement with the staff's conditions of approval. The proposal is to make two individual home sites on a 6.73 acre parcel zoned R-15/PUD. The PUD zoning is to address the stee p slope which consists of historic mine tailings. Ms. Eflin said a deed restricted open space area is proposed for common use of these sites. Ms. Eflin said this is conceptual review and will return to Council for final PUD and lot split approval. Ms. Eflin said an area of concern is calculating heights based on natural grade. The mine tailings have altered this natural grade . Ms . Ef 1 in recommended P & Z reserve the right to deter- mine how the height of the structures should be measure d until f i na 1 PUD . Ms. Eflin said this project came to Council in 1986 and was denied due to the high density proposed. There are some landsca- ping concerns due to environmental sensitivity of the site. Ms. Eflin said staff is requiring further analysis of the landscaping plan . Staff is also req ui ring basic schematic drawings and elevation to determine mass and scale relative to the adjacent Aspen Chance homes. Ms. Eflin said in the condition, the ap- plicant is to include a statement in the PUD agreement to indemnify and hold the city harmless f rom any environmental liability including superf and designation and associated clean up costs. Sunny Vann, representing the applicant, told Council the previous project was 4 lots on which 4 duplexes were to be constructed. This has reduced the density to 2 single family units, which is less than 50 percent of the maximum allowable density on site. The lots are 30,000 and 32,000 square feet. Vann said the applicant tried to address all issues that were raised during the previous review. Vann said the portion of the property which is not being sold as a fee simple lot will be deed restricted against further development. Vann said there will be landscaping adjacent to the public right-of-way. Vann said the project complies with all requirements of the underlying R-15 zone district as well as for subdivision. Vann said this area is essentially the same as that of Aspen Chance. It is a continua- tion of the same mine tailings. Vann said they will resculpt the 10 Regular Meeting Aspen City _Cou_~c_~.~ Januarv 9.__1989 mine tailings. This will look as an expansion of the Aspen Chance subdivision. Mayor Stirling asked why this is a planned unit development and what are the public benefits. Vann said the site is designated PUD as are many sites in town that contain steep slopes. Vann said the benefits are that this project is substantially below allowable density, those areas which are not developed are deed restricted against further development, the site will be cleaned up and the neighborhood improved, and it exceeds all underlying criteria of the R-15 zone. Vann said the applicants have not asked for any variations under the PUD process. Vann said in the Aspen Chance, the buildings are measured f rom the recontoured grade. Vann told Council in this site, existing grade is 30 feet below the pilings. Vann said it would be unreasonable to remove everything back to the way it was in 1890s. Vann said the applicants are trying to bring this into compliance with what the natural topography would look like and are suggesting they measure the height from the recontoured grade. Vann said during 8040 greenline review, they will provide additional inf ormation about the mass of the houses. Vann said the individual owner may be responsible for getting the final 8040 review. Councilman Isaac asked if there would be a cap on the height limit. Vann said they propose to establish some basic landscape guidelines, some building mass and architectural controls. Vann said the plan is to create 2 lots for sale. The PUD regulations require for basic criteria, not for finish architec- tural drawings. The problem is coming up with enough information that these can be reviewed by still giving a degree of flexibil- ity to accommodate an individual's taste. Vann said the total FAR for the two lots is 10,520 square feet. Mayor Stirling asked if there is any proposal for residential worker housing to be built in this subdivision. Vann said there is a deed restriction against any further development in the open space. Vann said there is a possibility one owner could req uire a caretaker unit under the voluntary program. Vann said additional employee units are not a mandatory req ui rement of the code, and if it doesn' t apply to other individuals, these applicants should not be restricted from having the flexibility that other property owners have. Vann said to impose this restriction would be unfair. Mayor Stirling said he would like a caretaker provision that is more than voluntary. Vann said he had a problem in not applying regulations evenly across the board. Vann said to use the subdivision review process as an exactionary method without adopting a mandatory req uirement is trying to accomplish som e- th i ng through the back door which Council is unwilling to put 11 Regular Meotina AsAen City Council-- Janua_ry9. 1989 into writing. Councilman Gassman said the city is just about to adopt provisions that requires subdivision to provide 25 percent of the housing. Richman said lot splits in terms of processes are defined as subdivision exemptions. Richman said it was his understanding that lot splits would not receive the 25 percent on site requirement. Richman said if Council wants to include lots splits, he should be given that direction. Mayor Stirling opened the public hearing. Richard Roth encouraged Council to give Richman direction about lot splits because voluntary measures are not going to work. Vann said if an individual purchaser wishes to avail himself, the voluntary program is available. Councilman Isaac asked about a trail easement. Vann said the applicants have offered to give an easement. The Midland right-of-way crosses the property and the applicants are giving a 30 foot drainage easement. There is a trail above for which there is not an easement, and the applicants have agreed to convey that easement. These will be ref 1 ected on the plat . Councilman Isaac brought up the environmental liability and geological hazards and asked if the city can be indemnified. Fred Gannett, city attorney's office, said this is problematic at best. Gannett said the idea was that because this site was created on a potential superfund site, the fact that the city granted approval was not an acknowledgement that the city had a 1 iabil ity . Vann said there is a requirement the applicants have to provide additional soil information to the environmental health department and that the applicants have to come up with a plan for the disposition of it. Councilman Isaac said he is also concerned about the geological and avalanche hazards. Vann said the applicants are providing additional information. To the extent the engineering report requires specific mitigation measures, these will be incorporated as part of the approval. Vann said this is a developable site, the proposed project is below allowable density. The proposal takes into account all comments. The P & Z had no problems with the project. Mayor Stirling moved to recommend conceptual approval of the PUD application for 1001 Ute with the 12 conditions including the additional one added by planning, adding condition # 13 requiring it be mandatory that an accessory unit be built on site for each of the two units; seconded by Councilman Tuite. Councilman Tuite asked how the city will guarantee these units will be for employees and do not become a guest house. Council- woman Fallin said if the condition is left as is, Council has added density to this project with no guarantees these will benefit the community. Richman suggested these be called a 12 Regular Meeting Aspen -City Council January 9, 1989 resident occupied unit, which is defined in the ordinance. Councilman Gassman said he f eels this proposal is a subdivision and the applicant should meet the standards f or subdivisions in Ordinance #47. Mayor Stirling amended his motion to add to condition #13 this be an accessory unit in which a worker resident occupant would be living; seconded by Councilman Tuite. Councilman Isaac said his problem with this application is the environmental problem. Council man Isaac said he does not feel the site can be totally mitigated. Vann reiterated the ap- plicants have a report that identifies some areas of concerns. The report outlines the issues which should be resolved. P & Z concluded the problem can be resolved. All in favor, with the exception of Councilman I saac. Motion carried. LIQUOR LICENSE RENEWAL - Andre' s John Goodwin, police chief , told Council over the last two months the police department has documentation that there have been at 1 east 3 instance s of Andre' s serving peopl a underage and 2 instances of serving of ter hours. Councilwoman Fallin said she would like to have a formal hearing this on renewal. Councilwoman Fallin moved to have a public hearing on January 23, 1989; seconded by Councilman Gassman. All in favor, motion carried. APPEAL OF -CLEAN AIR BOARD DELI S i0N - The Log Cabi n Mayor Stirling moved to table this to January 23, 1989; seconded by Councilwoman Fallin. All in favor, motion carried. REQUEST TO USE WHEEL ER - Aspen-Vail Interconnect Councilwoman Fallin moved to grant use of the Wheeler for the Aspen to Vail Interconnect Ski January 26, 1989, from 5:30 to 10 p.m.; seconded by Mayor Stirling. Councilwoman Fallin asked if this was without pay. City Manager Bob Anderson said yes. Councilwoman Fallin withdrew her motion. Councilman Isaac asked if they are charging for this show. Mayor Stirling said they are charging for the reception. Mayor Stirling moved to make this a free evening in the Wheeler as long as public has access to the event in the auditorium with 13 Regular Meetin4 - -Assn -City- Council Jar<uar~ 9, 1989 no costs; seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Fallin and Gassman. Motion carried. REPORT ON CHARTER AMENDMENTS Fred Gannett, city attorney's office, told Council the main issue is the timing of a Charter amendment question that affects the position of Mayor. Gannett said the best method would be to have how this would effect the Mayor contained in the question itself. Gannett said if PRO submits a q uestion that does not contain this information, Council could draft a second question. The first question, which is that no one could serve more than 2 four years terms, would go into effect in June. Gannett said if people are going to submit petitions to run for Mayor, they should know what the position will be prior to campaigning for that position. Gannett said the question should answer these issues. Councilman Isaac said he would like the city attorney to work with the PRO group to help draft a petition that would meet the attorney's criteria and also be acceptable to the committee. Councilwoman Fallin said she would support these questions being put on the ballot without a petition effect. Mayor Stirling said he has no interest in supporting either of these Charter amendments. Councilwoman Fallin moved that Council sponsor two questions for the May 1989 municipal elections and to direct the city attorney to draft language that would be acceptable to both Council and to PRO; seconded by Councilman Isaac. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. RESODUTiON #49, SERIES OF 1988 - Sheehan Condemnation Assistant City Manager Mitchell reminded Council a year ago there was a study session to review alignment questions on Shadow mountain to determine how to proceed to obtain appraisals and to acquire easements for a trail. Mitchell said the issue on the west end of the trail was whether or not to go with the higher alignment, which Council approved at that time, or to take a lower alignment which would go down and run along Hopkins. Mitchell said there were representatives f rom the Nordic Council and from PCPA, who advocated the existing alignment that was approved based on the alignment was pref erred from the standpoint of the type of use of the trail and that the trail would be more aesthetically pleasing. Mitchell said there were questions about the use of the trail on Hopkins because of turns in the trail, driveways that would have to be crossed, and crossing Seventh street. The staff proceeded to get appraisals, which were presented to Council in the last 60 days, on what it would cost to acq ui re the higher alignment. Mitchell said acquiring the Sheehan easement was the first step. Mitchell reminded Council 14 ReQUlar-- Meeting _ AsAen City Counc-l- - -- January -9. 3 98 at another study session, they reviewed the alignment and whether to start at the west or east end of the trail. Mitchell told Council staff met with representatives from the Nordic Council and PCPA and looked at the alignment Al Blomquist was talking about and the appraised alignment and resolved the differences. Mitchell told Council there is an application in the county currently that may allow trail easements to be acquired. Mitchell said when all this was reviewed, Council knew the higher alignment was going to be more difficult to acquire because a number of property owners said they would not be willing to grant or donate the property necessary for a trail. Mitchell told Council he anticipates another 2 to 4 condemnation procedures. Mayor Stirling asked how much the city has spend in legal fees on this condemnation. Mitchell said if this condemnation is pursued, the city will be setting a number of precedents that can be used in future condemnations. Hans Gramiger presented a proposed stipulation. Gramiger said since this city is not ready with bulldozers, this would give a truce in which the city and property owners could talk things over. This stipulation would not prejudice the city in any way. Gramiger also gave the Council comparative cost analysis on the two alignments. Gary Esary, special counsel, told Council if they are not comfortable with the previously approved trail alignment, then a delay makes sense. Mitchell told Council Tucker has an application in the county. Based on getting that trail section, it would appears the city can obtain easements that would take the trail all the way to Gramiger's property with the existing funding. Mitchell said at the meeting a year ago, Council went through the pros and cons of both alignments. There were issues with the Hopkins alignment with the turns, the crossing of driveways, being adjacent to the street and possibly having to elevate the trail to alleviate any conf 1 ict with the street, and the crossing of Seventh street. The higher alignment would be more costly to acquire. There would also be some costly cutting of the slope to construct the trail. Mitchell said the Nordic Council and PCPA were unanimous- ly in favor of the higher alignment and convinced the Council to approve the higher alignment. Staff has been working on that basis and presented appraisals to Council on that basis. Mitchell said one alternative is that the alignment would go through to Sheehan's property and then drop down through Sheehan's property to Hopkins and run along Hopkins. Gramiger had offered to give that easement without any charge . The easement would be in between his berm and Hopkins street. The trail would then go across Seventh street and use the county's dedicated right-of-way, run along the west side of Hopkins to the 15 Reaul ar- -Meeti-na __ Ae_pen City -£-aun~l --- -- - Janua r-v 9, l 98:9 Marolt bridge. Mitchell said when Council looked at this, it was reviewed on the basis of which was the best trail, would attract the most usage and would be best aesthetically. Mitchell said the city never did an engineering analysis to determine the exact construction costs because there was not a design for either trail. City Manager Bob Anderson said the lower trail would be cheaper, but that was not what convinced Council. Gramiger said Council should have a bid from engineers to get a total appraisal that would be acceptable in court for condemna- tion with the values justified; have the appraiser talk to property owners to see what development they have in mind or what they are allowed to do under zoning code. Council can then make a decision based on facts. Al Blomquist told Council they should get costs of both the lower and higher alternative so that they have costs to compare. Blom~uist said this would be the costs of the entire trail from the Koch park to the Marolt bridge. Blom uist said least cost is determined on the basis of cost and benefit, the benefits the city would get from money spent . Blomguist said the issues are the quality of the trail, the qual ity of the program, and the benefits that would accrue. Mayor Stirling agreed it is a question of appeal and investment and balancing these two issues. Mitchell told Council it would cost about $20 , 000 to find out the difference in cost between the upper and lower alignments. Councilman Gassman moved to adopt Resolution #49, Series of 1988; seconded by Councilwoman Fallin. Mayor Stirling said he is concerned about cost and whether the upper trail would be used by enough people . Councilman Isaac asked how long this litigation will last and how much will it cost. Esary told Council the petition was filed in September . Esary told Council it is hard to estimate how long it will take as this is not a cut and dried litigation. Esary told Council the city will be able to use these issues in other condemnations, if there are any. Councilman Tuite said he would prefer to see a re-evaluation of this. Councilman Tuite said the costs given to Council by Gramiger seem to indicate it will take 3 times the amount of money to go with the higher alignment. Councilmembers Fallin and Gassman in favor; Councilmembers tuite, Isaac and Mayor Stirling opposed. Motion NOT carried. Mayor Stirling moved that Council accepts Mr. Gramiger's proposal to put the litigation in abeyance to direct staff to try to identify what engineering costs would be on the upper trail, and Council would need to determine whether to spend money on this; seconded by Councilman Tuite. 16 Reaul ar Meeting AsA~n City Cotxneil - - Janua-rv 9,__1959 Mayor Stirling said he would like to earmark some of the $150,000 in the trails appropriations for a precise study to determine what it would take to engineer the higher trail. Mitchell said the city would have to do both trails in order to determine what the difference is. Mayor Stirling requested staff come back in two weeks to give Council an idea of what an analysis would cost to do both the upper and lower alignments. Fred Gannett, city attorney's office, asked if Council is directing the city to enter into the stipulation and to have it made an order of the court. Mayor Stirling asked for recommendations on this at the next meeting. Councilmembers Isaac, Tuite and Mayor Stirling in favor; Council- members Fallin and Gassman opposed. Motion carried. CONCRETE -WORK AT -iCE-{-GARDEN George Pucak, Ice Garden, reminded Council he explained original- ly staff would not know the scope of this project until they had an engineering report. Pucak said the recommendation is for a new curb; the existing curb will not support the new dasher boards . Pucak told Council he wrote the bid specifications on the new curb and the regrading of the inside of the rink. The new curb to support the dasher board is to make sure the boards stay in position relative to the refrigeration slab. Pucak said he received bids from 3 construction firms. The low bidder on the project is Red Mountain Corporation. The walkways will have to be covered with rubber. Pucak said the original funding from Council is $192,000. The refrigeration has been let at $86, 914, the dasher board bid is $86,450. Pucak asked for $43,864 more to complete the concrete work. Pucak said the concrete work is basic to the rest of the improvements. Assistant City Manager Mitchell said this ap- propriation could come from fund balance in 1988 and savings in 1989. Mitchell told Council the fund balance carried forward for 1988 will be larger than reported. Mitchell said this allocation will not jeopardize anything else Council has planned to do. Councilman Gassman moved to allocate $43 , 864 to the Ice Garden fund for the complete of concrete work and to award the construc- tion contract to Red Mountain construction; seconded by Council- man Isaac. Mayor Stirling said this bid is low by almost 30 percent. Mayor Stirling asked if staff has discussed that everything will be completed within that amount. Pucak said the contractor has children in the skating program and is interested in seeing the program completed. Dan Levinson, Red Mountain Construction, asked that in return he would like the city to waive the dum p 17 R~au-iar -Moetina- _ Aepen Cit-v Counei-l--- - Januarv -9, 199 fees. Mayor Stirling said the city cannot waive the dump fees, but will direct the city manager to make that request of the county . All in favor, motion carried. PR -COAITRAC'r -Ai-R POLLUTi{}A~F--C~iMPAiFN Mary Isaac, Clean Air Board member, told Council a selection committee appointed by the environmental health department met last week to select a public relations firm. Ms. Isaac said the charge to the chosen firm will be to develop an air pollution awareness campaign to assist in the reduction of small particu- lates and PM 10 in the air and public education. Ms. Isaac said this campaign is necessary to comply with a commitment in the local implementation plan by the city to foster voluntary compliance among visitors and citizens. Ms. Isaac said there were 27 request for proposals sent to firms in the Roaring Fork Valley and in Denver. There were 9 replies, 3 chose not to compete in the final process; 5 firms presented their proposal s to the committee. Four of these firms were from the Roaring Fork Valley and one from Denver . Ms . Isaac said a number of committee members went into the process prejudiced against hiring outside the valley. Ms. Isaac said the decision was to offer the contract to Barnhart Advertising. Ms. Isaac said they presented a well thought out campaign, which addressed the major issues facing Aspen's air pollution sources, vehicles and woodburning. Ms. Isaac told Council Barnhart qualified under all the categories and also indicated they could generate additional ad revenues at no additional costs to the city. Barnhart estimated for every $1.00 spent, he could generate another $.50 to $1.00 contributed. Ms. Isaac presented a proposed schedule of the public relations work. Ms. Isaac told Council the agency is being asked to develop some sort of measure to assist in determining the success of the program. Councilman Tuite said it is already January. The big issues facing the community are street cinders and woodburning. The city's mandatory odd/even no burn program ends in April. Councilman Tuite said if the city comes up with a campaign and is not sure where the program is going, won't the city be working with incomplete data. Councilman Tuite said he had envisioned a campaign starting earlier. Councilman Tuite suggested the city wait to see the data that comes in, f ormulate a plan, then go out to the community with a program. Tom Dunlop, environmental health department director, reminded Council there is a commit- ment in the local implementation plan to get something going quickly. Dunlop told Council the ad agencies were instructed to 18 Regular M-eetine~- - - - Aspen City--Cahn-cil - ___._._. _January 9. 1989 be aware of both major elements of the air pollution issue, fireplaces and street sanding. Dunlop told Council the agency is going to work with the city and RFTA on sanding, and will review all the data gathered on solid fuel burning and make proportional assignment of their time. They are aware of the percentage share that has been modeled by the state health department and are prepared to deal with that in their campaign. Dunlop said the campaign will continue through 1989. Dunlop said the agencies are prepared to develop a program that the city can carry on without any financial support to an agency. The ad program will be the property of the city. Mayor Stirling asked if the campaign is going to address automo- bile use and carbon monoxide. Dunlop said the ad agency is prepared to address this and it will be attached to the automob- ile disincentive efforts of road sanding. Si Coleman, Clean Air Board member, told Council he was impressed by the work the Barnhart agency did on cars. Mayor Stirling asked Council if they want to comment on the ad agency proposals. Coleman suggested the elected officials that are interested meet with the Clean Air Board. Councilwoman Fallin moved to authorize staff to negotiate a contract with Barnhart subject to the city attorney's approval; seconded by Councilman Tuite. Councilman Tuite said he would like a final review of the program. Mayor Stirling agreed. Councilwoman Fallin amended her motion to include Council review; seconded by Councilman Tuite. All in favor, motion carried. O1~F}~NANCE #1, --&ERIES -OF-,-x-98-9 - Use Tax Agreement ORDINANCE # 1 (Series of 1989) AN ORDINANCE ADOPTING THE INTERGOVERNMENTAL USE TAX AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AND THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO WITH RESPECT TO A COUNTY USE TAX SUBMITTED TO AND APPROVED BY THE VOTERS ON NC~IEMBER 8, 1988, APPROVING SAID TAX FOR A TEN-YEAR PERIOD COMMENCING JANUARY 1, 1989, AND TERMINATING JANUARY 1, 1999, SUBJECT TO THE INTERGOVERNMENTAL AGREEMENT THAT THE COUNTY RETAIN THE FULL PROCEEDS FROM THE USE TA X was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #l, Series of 1989, on first reading; seconded by Councilman Tuite. Roll call vote; 19 R-ea~rlar -Meeting _ _ --Aspen--Cit-y CQttn-c-l ----- _. __ _-Janu~:r-y -.9...1..98-9 Councilmembers Fallin, yes; Gassman, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ESTATE PLAA~A~ING MERGER---~;j&UF Fred Gannett, city attorney's office, told Council this is being raised by a local attorney to try to devise out portions of property that are effected by a merger clause. Gannett said this should be tabled until after it goes to P & Z . E MPL-C33~E E -HOU S i Nor- CA-S H- i N- L I E U- B-i~HG ET Assistant City Manager Mitchell said at the last Council meeting, it became obvious sta f needed approval for projects the housing authority has been wo king on. Mitchell said in the future, this will be part of t~e nnual budget process. Mitchell said in some of the projects, r enues will cover any costs incurred by the project . Mitchell encouraged Council to approve the presented budget. Councilman Tuite asked why the city would not expect any revenues on the Marolt project. Jim Adamski, housing director, said there will not be any revenues for the Marolt project in 1989 but there will be in future years. Adamski told Council the housing office sees cash-in-lieu as seed and leverage monies. The city has about $800,000 and with the expenditure of half of that is leveraging homes for about 200 to 250 people. Adamski said they would like to recoup every penny that is put in the effort. Mayor Stirling said he does not accept the basic assumption that the cash-in-lieu funds of the city and county should be combined. Mayor Stirling said the city should borrow the money to cover the city projects and keep the ledger balanced. Mayor Stirling said there are advantages to keeping the cash-in-lieu money separate so that no one feels compromised in a particular project. Councilman Gassman agreed that there needs to be accounting where the money comes from and where it goes. Councilman Gassman said it seems like some of the projects listed could have been or were going to be funded some other way, like the hospital project. Mitchell said when the financing is in place for the hospital project, this money will be reimbursed. Mitchell said the Council is being asked to approve expenditures out of the city's cash-in-lieu money. Adamski the monies are segregated under city payment-in-lieu and county payment-in-lieu. Interest is accrued to each account individually. Adamski said this proposal is the total housing activity. The funds are accounted for separately. Mayor Stirling moved to approve the 1989 housing development program budget and authorize the expenditure of $643,785 and proceed to discuss further the issues of allocation and city and 20 Re-au-i-ar -Meebin4 --~--- -- Asp=~-noun-ei3--~ -- --- Ja~ruarv 91-_ 3-989 county responsibility for their own contributions with the next 30 days; seconded by Councilwoman Fallin. Richard Roth asked that Council take a position that whenever public funds are being used for housing, that leases be let to individuals and not to employers. City Manager Bob Anderson said this should be looked at in a different context that this discussion. Anderson said there are some cases when housing goes with employment. Councilman Isaac said he feels it would be a good idea to have an elected official on the housing board. All in favor, motion carried. Meeting adjourned at 9:05 p. m. ~~ Kathryn S - Koch, City Clerk 21