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HomeMy WebLinkAboutminutes.council.19890911Regular Meeting Aspen City Council September 11, 1989 EMPLOYEE BONUS AWARDS 1 NW COLORADO COUNCIL OF GOVERNMEN TS REPORT 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 2 CONSENT AGENDA 4 RFTA SUPPLEMENTAL APPROPRIATION 5 ORDINANCE #53, SERIES OF 1989 - Appropriations 6 ORDINANCE #54, SERIES OF 1989 - No Burn During High Pollu- tion 6 ORDINANCE #51, SERIES OF 1989 - Amending Duplex Require- ments 7 ORDINANCE #48, SERIES OF 1989 - Repealing R-15A Zone 10 RESOLUTION #33; ORDINANCE #58, SERIES OF 1989 - Extension of Administrative Delay 10 ORDINANCE #59, SERIES OF 1989 - Affordable Housing Zone 13 POLICY FOR CONSTRUCTION OF SIDEWALK, CURB AND GUTTER 14 ORDINANCE #57, SERIES OF 1989 - Campaign Contributions 16 ASPEN CLUB TENNIS BUBBLE 17 REQUEST FOR DONATION - National Preservation Auction 19 RESOLUTION #34, SERIES OF 1989 - Intergovernmental Agreement - Housing Authority 19 21 Regular Meeting Aspen City Council September 11. 1989 Mayor Stirling called the meeting to order at 5:00 with Councilmem- bers Tuite, Crockett, Gassman, and Peters present. EMPLOYEE BONUS AWARDS The Council presented outstanding employee bonus awards for the second quarter. Bob Gish, public works director, received an award for his efforts and assistance on city projects during his transi- tion from building inspector. Rich Coulombe, golf course superin- tendent, received recognition for the job done in preparing the golf course for the Junior Golf Association national tournament. NW COLORADO COUNCIL OF GOVERNMENTS REPORT Rick, NWCCOG, presented a report on the financial condition of COG. Rick said there has been concern over their deficit. COG is making inroads to reduce the deficit and will have a special deficit assessment. Rick also presented a report on the programs taking place in the community. Rick told Council one of the things that caused a deficit in COG was greatly reduced grant programs, another was a problem with the auditors. Rick pointed out the deficit in 1987 was $132,000 and was reduced to $82,000 in 1988. Rick gave Council a report which showed the programs in Aspen; the aging program, community development, weatherization and the money actually spent in Aspen. In 1988, COG spent $22,000 in Aspen and in 1987 spent $62,000. Rick told Council their auditors have said COG cannot exist much longer trying to get out of a major deficit. Several member communities suggested a one-time assessment pro rated to $72,000. COG will try and make up the other $10,000 of the deficit. The dues for Aspen for 1990 will be $14,200 plus the special assessment of $8700. The dues and assessment for Pitkin county are the same. Rick told Council they have received mostly favorable responses on this plan. Councilman Tuite explained it was an audit mistake that caused this deficit, not overspending. Linda Johnson, Mayor of Basalt, told Council they have already agreed to pay their share. Ms. Johnson told Council COG is very useful to small communities. Ms. Johnson urged Council to start sending a representative to COG again. Ms. Johnson pointed out if the group is bankrupt, the city will have to pay anyway. Mayor Stirling said Council will consider this assessment during their budget process in November. CITIZEN COMMENTS 1. Kent Reed requested that the Aspen Theatre Company be allowed to leave the platform for their tent on the snow melt property during the winter so that they do not have to take it away and reinstall it in the spring. Reed told Council he has discussed 1 Regular Meeting Aspen City Council September 11, 1989 this with staff and it is all right with them. City Manager Bob Anderson said this is in an area the city is not planning on using. Councilman Gassman said he feels this represents additional encroachment of culture in the Rio Grande. Council said this request was fine with them. 2. Bob Myers, Pitkin County Builders Association, told Council they support the suggested locals preference ordinance. Councilman Crockett suggested Myers pass on to Sandy Stuller, city attorney, any ides for this ordinances. 3. Phoebe Ryerson told Council the University Without Walls has started and is quite exciting. COUNCILMEMBER COMMENTS 1. Councilman Tuite reported the bids for the high occupancy vehicle lane were opened by RFTA last week. Councilman Tuite said the total bid was $308,000 with no guarantees the work would be done this winter. Councilman Tuite said the original projections for this project was $143,000 to $200,000. Councilman Tuite said the engineers have recommended RFTA wait until next spring and review the project again. 2. Councilman Crockett thanked Kathryn Koch for all her work with the Council in the past three months. 3. Councilman Crockett said in discussion about affordable housing, it was suggested locals have not been able to afford housing in Aspen. This is driven somewhat by the wages, which have not kept pace with escalating property values. Councilman Crockett requested staff look into the concept of enacting a local minimum wage stipulation within the city limits. Councilman Gassman said he would like to know if this is legal. Councilman Crockett moved to ask City Attorney Stuller to look into the legalities of a local minimum wage requirement; seconded by Councilman Peters. All in favor, motion carried. 4. Councilman Crockett thanked the city for participating in the Lenado fire. The city sent a water truck to the fire with staff for the full duration of the fire. 5. Councilman Peters said one of his campaign promises was to push to 100 percent exaction from development for employee housing mitigation. Councilman Peters said Council should look at this as it is unconscionable for Council to let this situation get worse. Councilman Peters asked the planning office to begin to consider 100 percent employee housing mitigation for all future development. 2 Regular Meeting Aspen City Council September 11. 1989 Mayor Stirling said this can be part of the discussion on afford- able housing. 6. Councilman Peters said Mark Fuller is beginning to work with the housing authority, BOCC and Council. Councilman Peters said the housing off ice is completely overburdened with work at this point. Councilman Peters suggested Council schedule a joint meeting with the housing authority and staff to discuss this. Council scheduled the meeting for Thursday, September 21 at 5:00 p.m. on housing and at 6:30 p.m. on city/county office space. 7. Councilman Peters said the newspaper recycling effort is started but there are some difficulties with vehicles to take newspapers to the dump. Councilman Peters asked staff to discuss with the county if there is anything the city and county can do to help this volunteer effort. 8. Councilman Peters said he is a property owner in Lenado and thanked all the city and county personnel involved in putting the fire out. Councilman Peters said the effort was well mobilized. This is an example of how an community can come together and act for everyone's benefit. 9. Mayor Stirling said the city manager's memo suggests bringing the city manager's office back into city hall. Mayor Stirling recommended waiting until after the study session September 21. Mayor Stirling said he feels it makes sense to get the manager's office back into city hall. 10. Mayor Stirling moved to rearrange item VII b and c to come after d and e; seconded by Councilman Peters. All in favor, motion carried. 11. Mayor Stirling said the city has advertised for a city manager locally and on the western slope. 12. Mayor Stirling requested Council look over the tentative budget schedule to see if they have changes. City Manager Bob Anderson requested Council commit to the first budget hearing, which is September 20th. 13. Mayor Stirling suggested a work session with the Wheeler Opera House Board to go over the goals and mission statement. Council scheduled this for 5 p.m. October 2nd and the HPC at 6 p.m. 14. City Manager Bob Anderson said there is a request by the group working on the railroad study for a work session October 3 at 5:30. Council agreed. 3 Regular Meetina Aspen City Council September 11, 1989 15. Mayor Stirling brought up the recommendation for interest free loans to city employees to pay the out of district school fee of $350. Mayor Stirling asked what this does to the city's relation- ship with other school districts. City Manager Bob Anderson said the school district does not have a program for time payments. The city already has interest free loans for ski passes and rent deposits. Anderson said he is having the staff look into this. 16. Councilman Crockett asked if there is input on the golf course RFP from golfers. City Manager Bob Anderson said staff asked people in the community who are actively involved in the golf course. 17. Councilman Crockett suggested of the 16 goals, the staff identify which departments would fall under these goals and what they would propose as means of achieving these goals. City Manager Bob Anderson told Council Bill Efting, acting deputy manager, will have this as a task over the next few months. 18. City Attorney Sandy Stuller told Council Fred Gannett, city attorney's office, submitted his resignation. Ms. Stuller said she will advertise for this position and if Council has any comments to let her know. 19. Councilman Crockett suggested public service announcements about the traffic and the asbestos removal project at the city shop. Councilman Crockett recommended the city should work out the same safety and response mechanisms that were worked out for the school project. CONSENT AGENDA Councilman Gassman moved to approve the consent agenda; seconded by Mayor Stirling. Councilman Peters asked if the encroachment at 1010 Ute Avenue is permanent or revokable. Sandy Stuller, city attorney, told Council all encroachments are revokable. Mayor Stirling asked how this encroachment occurred and if it is necessary. Skip Behrhorst told Council in the review of the plan for the realignment of the bike path, the radius looked best by staying parallel. This is why this happened as a landscape concept and then became an issue of a permit needed, then an encroachment issue. Elyse Elliott, engineering department, told Council because the applicant was directed to do this by city staff, staff felt it was appropriate the applicant be granted an encroachment license. Ms. Elliott said there may have been a miscommunication in what was required for the encroachment; initially it may have been construed to be a landscape feature rather than a permanent fixture. 4 Regular Meeting Asnen City Council September 11,.._1989 Mayor Stirling said usually use of the public right-of-way is determined beforehand and by the Council. Councilman Crockett said he is concerned that something started as a simple request and the final product is something quite different. Councilman Tuite said he would 1 ike to take this of f the consent agenda and hear from Jay Hammond what the understandings were. Ms. Elliott said Hammond gave 1010 Ute Avenue permission to build a wall adjacent to the bike path. Councilman Tuite moved to remove this and place it on the September 25 agenda; seconded by Councilman Crockett. Behrhorst said the wall originally was a landscape wall and as such did not need a permit. Behrhorst said during construction, he was told by the building department that this did need a permit. The encroachment occurred after the fact. All in favor, with the exception of Councilman Gassman. Motion carried. The consent ac A. B. C. D. f) g) Benda is: Temporary Closure of First Street Minutes - August 28, 1989 Liquor License Renewal - New York Pizza Request for Funds - Building Department Welcome Reception for Stars on Ice City Manager Resignation All in favor, motion carried. RFTA SUPPLEMENTAL APPROPRIATION Mayor Stirling opened the public hearing. Dan Blankenship, RFTA general manager, said this resolution enables RFTA to transfer $55, 000 of prior year surplus fund balance into 1989 capital fund. This money will be spent for an engineering study of the Rio Grande right-of-way. Blankenship told Council the RFTA board has selected Kaiser engineers for this study. Mayor Stirling closed the public hearing. Councilman Crockett asked when this study will be done. Blanken- ship said the draft is due November 31 and the final version due January 31, 1989. Councilman Tuite moved to approve RFTA Resolution 89-9; seconded by Councilman Crockett. All in favor, motion carried. 5 Regular Meeting Aspen City Council September 11, 1989 ORDINANCE #53, SERIES OF 1989 - Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Dallas Everhart, finance department, told Council this Ordinance has been amended since first reading to include the asbestos removal of $249,000 at the city shop. Mayor Stirling said the Aspen Bike Festival of $13, 500 was a commitment for 1990 and not 1989. Everhart said he will remove this. Councilman Tuite moved to adopt Ordinance #53, Series of 1989, on second reading as amended; seconded by Councilman Gassman. Roll call vote; Councilmembers Peters, yes; Crockett, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #54, SERIES OF 1989 - No Burn During High Pollution Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Lee Cassin, environmental health department, told Council the city still has not received the PM 10 monitor. Ms. Cassin said this ordinance exempts certified stoves and gas log fireplaces. Ms. Cassin said the city will announce high pollution days when the real time monitor indicates these are approaching federal health standards. Ms. Cassin told Council staff is looking into a computer dialer to notify lodges of high pollution. Councilman Crockett asked if staff has looked at doing anything about the wood suppliers. Ms. Cassin said staff has looked at taxes on firewood. There is only one vendor of firewood in Pitkin County. There are a lot of practical difficulties in doing this . The Clean Air Board may bring this to Council as part of the incentive program. Ms. Cassin said the environmental health department does not have the staff to enforce this by knocking on doors. Ms. Cassin said staff deals with this on a complaint basis. Councilman Gassman said another consideration for no high pollution days last year was the efforts made to clean up the streets. Councilman Crockett moved to adopt Ordinance #54, Series of 1989, on second reading; seconded by Councilman Peters. Councilman Peters said the city should be doing more to educate the public about burning wood during high pollution. Councilman Peters asked if the city will have a public relations program again this winter. Ms. Cassin said the city has bought media time for the winter and will request budget for a public relations campaign in 1990. Ms. Cassin said they will incorporate requests not to 6 Regular Meeting Aspen City Council September 11, 1989 drive also. Mayor Stirling said this is a minimal approach and has more to do with raising people's knowledge about the problem. Roll call vote; Councilmembers Tuite, yes; Peters, yes; Gassman, no; Crockett, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #51, SERIES OF 1989 - Amending Duplex Requirements Mayor Stirling said he is concerned about this ordinance, that it is too fragmented and not comprehensive enough. Mayor Stirling questioned how this ordinance would fit in with an overall housing strategy. Mayor Stirling said the ordinance raises the issue of density being increased against the issue of demolition of houses and duplexes that are housing locals. Mayor Stirling said Council has been hearing a lot of good ideas from citizens, whether this ordinance is fair. Mayor Stirling said the Council is concerned with diversity, trying to keep the community mixed in the way it has been. Mayor Stirling said the city now has a new planning director and recommended the staff try and make this fit into a comprehensive look at the entire affordable housing strategy, including carriage houses, dormitory housing, replacement housing, multi-family zones. Amy Margerum, planning director, said staff feels they can come up with a comprehensive program which merges the concepts of Ordinance #51, the demolition ordinance. Ms. Margerum said staff wants to look at adding incentives for single family homes to also con- tribute to the affordable housing program, and an ambitious production strategy of housing to include a funding option. Ms. Margerum said staff believes the extension of the administra- tive delay is necessary for staff to carry out the planning efforts and to give staff time to come up with the information in order for Council to weigh the pros and cons of all the options. Ms. Margerum said the city can come up with a comprehensive demolition replacement ordinance which would replace what Council has been trying to do with Ordinance #51. This would apply to multi-family structures as well as duplexes. For multi-family units, this would require a replacement of X percent of the demolished units on site or X percent of the allowable density on site, whichever is greater. Ms. Margerum said the X is extremely critical, and staff needs time to work on this. Ms. Margerum said staff will take advantage of the economic work being done by consultants to see what is reasonable and fair in terms of that replacement require- ment. Ms. Margerum said there are two goals -- affordable housing and preservation of the character of residential neighborhoods. Ms. Margerum said for duplexes the replacement unit could be satisfied by one of the options discussed in Ordinance #51. Ms. Margerum 7 Regular Meeting Aspen City Council September 11, 1989 said if a person demolishes a duplex to build a single family home, the person would need to satisfy replacement requirements with either an accessory dwelling unit or a detached dwelling unit. Ms. Margerum said there could be the flexibility of building units off site. Ms. Margerum said Council may want to put some geographic boundaries around that off site. This could allow for transfer of credits of units. Ms. Margerum said all of this would be contained in a demolition replacement ordinance. Ms. Margerum said if this is only applied to existing duplexes, there will be an inequity for people building a duplex, which is exempt from GMP on vacant lots. Another option would be to eliminate the exemption for duplexes in the GMP, and a developer would have to go through the process and satisfy some housing requirements. Another element of the program would be to include some incentives for single family development to include some affordable housing. The Council has already set up the accessory dwelling units. Ms. Margerum said this could be expanded by allowing detached dwelling units, which would be deed restricted. Ms. Margerum said the zoning code could be amended without an affordable housing overlay. The affordable housing zone would provide the city with an additional tool for the total program. Ms. Margerum said another element to the overall program is the commercial development housing mitigation program. Ms. Margerum said staff is proposing to look at the GMP quota allocation for commercial and residential development, not necessarily to reduce them but to look at the balance between jobs that are created by the allocation for commercial and the amount of new housing that is predicted on a yearly basis. Ms. Margerum said the staff may also reassess the employee per square footage calculations for commercial development. Another element is the housing projection program, which would be a long range plan for maximizing the effectiveness of employee housing, for the use of real estate transfer tax for affordable housing, land and housing acquisition, buy down of existing units, subsidy of rents, pursuing alternative funding mechanisms, and to encourage the development of a non- profit housing development company. Ms. Margerum said the first task is a comprehensive inventory of the housing stock and an analysis of the potential build out given various scenarios. The second task would be an economic analysis which considers the appropriate replacement percentages for the multi-family residential units, what that X should be. Another task would be the study of the economic consequences of the duplex options. Ms. Margerum said another task is the inventory of housing for potential acquisition. The last is long term housing production strategy and identification of new funding sources. 8 Reaular Meetina Aspen City Council September 11. 1989 Mayor Stirling said Council is very ambitious in the goals of production of affordable housing and the preservation of the neighborhoods and the character of the town. Ms. Margerum said the inventory would be looking at build out potentials using the current land use zoning, how much is available now and what this would mean in creating new housing units. This can be weighed against the other strategies. Tom Baker told Council staff will need to take surveys of the neighborhoods to see what is existing. Mayor Stirling opened the public hearing. Harold Whitcomb said it is important for the city to remember the word voluntary in any ordinance. Another issue is whether the options can be afforded by the owner. Whitcomb said Ordinance #51 lacks any sense of fairness and is not equitable. Whitcomb said singling out certain components of property ownership to solve a general problem raises legal questions. Whitcomb questioned how many units the proposed Ordinance 51 would actually generate. Whitcomb said another question is what should- be compensated for based on values. Whitcomb said the city should see what the private sector can create if the city creates the space for them to work. Whitcomb suggested Council zone the land and let the private sector build. Fred Peirce said he is encouraged to hear the Council will pull this into a cohesive package. Peirce said there is a strata of people who are trying to buy homes without being involved in subsidized employee housing, and the duplex is the only thing left. Peirce said Ordinance 51 would penalize that strata and put a burden on them they could not afford. Dick Butera urged Council to deal with the multi-family ordinance and to put it ahead of other things so the private sector can get on with building some multi-family housing. John Olson said he feels it is unconstitutional to presume to meddle with private enterprise to tell property owners what they can and cannot do. Olson said it is not realistic to think that 50 to 60,000 employees can be housed in the city of Aspen. John Kelly said Council has to come to grips with the problem of producing housing and stop trying to make a few landowners solve the problem. This has to be borne by the community as a whole. Kelly said the Council has already had a year of moratorium on this issue and has had time to come up with a solution. Kelly said it is not right to keep the landowners waiting and to extend the moratorium again. Mac Cunningham agreed the Council needs a long term plan, especial- ly for reliance of property owners. This is a city/county issue and the Council needs to interact with the Commissioners. Cunningham said the Council has to deal with the economic reality 9 Regular Meetina Aspen City Council September 11, 1989 and with the cost of creating housing. If the private sector is going to produce affordable housing, they should not be penalized for producing it. Phoebe Ryerson said the housing plan should make sense for families, too. Les Holst agreed the comprehensive plan is essential. The private sector has had free reign, and given more free reign there will be no community left. Rich Lindner said affordable housing will not happen unless Council creates a multi-family ordinance and some housing. Lindner said the city and county will have to take some land and create affordable housing. Mayor Stirling closed the public hearing. Mayor Stirling moved to table indefinitely Ordinance #51, Series of 1989; seconded by Councilman Gassman. Councilman Peters said he is willing to try anything to get affordable housing. Councilman Gassman said the city has done a lot of work in a lot of different areas. The city is now taking the work, input and comments and putting it together. Mayor Stirling said the city is working on employee housing at the Red Roof, is planning a project on the Marolt property, has given land to the employee housing project at the hospital. All in favor, motion carried. ORDINANCE #48, SERIES OF 1989 - Repealing R-15A Zone Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to table indefinitely Ordinance #48, Series of 1989; seconded by Councilman Crockett. All in favor, motion carried. RESOLUTION #33; ORDINANCE #58, SERIES OF 1989 - Extension of Administrative Delay Tom Baker, planning office, recommended Council adopt Resolution #33 to immediately extend Ordinance #23 and to adopt on first reading Ordinance #58 to continue the administrative delay. Baker said staff is currently doing in-house studies to confirm that the demand for market rate housing continues to have a negative impact on affordable housing. The on-going analysis confirms that many properties could be lost if the administrative delay were not extended. Baker said staff has been diligently evaluating the problem and has guidelines for how to pursue the approach to the problem. Both staff and consultants are conducting studies, which are not yet complete. Baker told Council there have been various 10 Reaular Meetina Aspen City Council September 11, 1989 court decisions which have occurred recently which appear to influence the direction the city will take. Baker pointed out there have been staf f changes in the attorney and planning offices, which make this project require more time. Councilman Peters said the action to give closure to the admin- istrative delay is proceeding on a number of fronts. This is a complicated issue, which cannot be easily solved. Councilman Peters said he supports extending the administrative delay. Councilman Peters said the public purpose that is being served by trying to put together a comprehensive ordinance is overwhelming. The demolition of housing has affected every facet of life in Aspen; family life, transportation, services, basic safety. Councilmembers Gassman, Crockett and Tuite agreed. Mayor Stirling said Council was unrealistic in June and had anticipated there could be an extension. The city needed to identify the comprehensive approach and the areas they needed to work in. Mayor Stirling said administrative delays do cause hardshi s; however, in the long term the interest of the town will P be better served with an extension. Mayor Stirling said he feels comfortable that the work that has been done this summer lays the ground work from which the city will go forward. Bob Walker, Pitkin County Builders Association, agreed that if the city wants a good product they will need time. Walker said Council should be careful in extending the moratorium that they don't make it difficult for people who work for a living to make a living. Joe Wells pointed out the commercial GMQS deadline in Friday, September 15th. Any applicant who has residential units involved runs the risk of having his alteration of existing units being construed as demolition, in which case they cannot file an application. Wells requested Council extend the deadline for GMQS applications. Harold Whitcomb requested staff look at the real devaluation numbers, how it will affect individual's abilities to build or to leave their properties to ruin. Richard Compton congratulated Council on having the courage to follow this process through to the end and not wrap it up prematurely. David Myler, city attorney's office, told Council they have taken a close look at the implica- tions of extending the moratorium and believe it is defensible. Baker said staff has not given a lot of thought to extending the commercial deadline. The residential GMQS deadline is in November, and it will have to be extended. Councilman Peters moved to adopt Resolution #33, Series of 1989; seconded by Councilman Gassman. 11 Regular Meeting Aspen City Council September 11, 1989 Councilman Gassman asked if the January 23 end date is realistic for Council to have regulations adopted. Ms. Margerum said this is realistic; however, the planning office will have to ask for increases in staff. Councilman Gassman said Council needs to make a real commitment to get something done. Mayor Stirling said he would like to add another month to the extension of the moratorium. This is the slower building season. Mayor Stirling moved to amend Resolution #33 to change the date to February 23; seconded by Councilman Crockett. Councilman Peters said he feels the moratorium needs to be long enough so that the work done can be complete. Mayor Stirling agreed but said the pressure is good too. City Manager Bob Anderson suggested changing the date to February 27, a day after a Council meeting. Mayor Stirling moved to amend the amendment to change the date to February 27; seconded by Councilman Peters. All in favor, with the exception of Councilman Tuite. Motion carried. All in favor, with the exception of Councilmembers Tuite and Gassman. Motion carried. All in favor, with the exception of Councilman Tuite. Motion carried. Councilman Gassman moved to extend the commercial GMQS deadline to some point past September 15 and ask the planning office to recommend the date; seconded by Councilman Peters. All in favor, motion carried. Councilman Peters moved to read Ordinance ##58, Series of 1989; seconded by Councilman Crockett. All in favor, motion carried. ORDINANCE #58 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL AUTHORIZING AN EXTENSION OF THE ADMINISTRATIVE DELAY IN THE ACCEPTANCE OF PROCESSING OF ANY APPLICATION FOR A BUILDING PERMIT FOR DEMOLITION OF ANY DUPLEX OR MULTI-FAMILY RESIDENTIAL DWELLING IN THE CITY OF ASPEN OR FOR ANY LAND USE APPLICATION FOR REPLACEMENT OF DUPLEX OR MULTI-FAMILY RESIDENTIAL DWELLINGS AND ESTABLISHING A PENALTY PROVI- SION FOR VIOLATIONS HEREOF was read by the city clerk Councilman Peters moved to adopt Ordinance #58, Series of 1989, on first reading; seconded by Councilman Tuite. Roll call vote; 12 Regular Meeting Aspen City Council September 11, 1989 Councilmembers Tuite, no; Crockett, yes; Gassman, yes; Peters, yes, Mayor Stirling, yes. Motion carried. ORDINANCE #59, SERIES OF 1989 - Affordable Housing Zone Councilman Crockett moved to read ordinance #59, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #59 (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER 24, ARTICLE 5, DIVISION 2 OF THE ASPEN MUNICIPAL CODE TO CREATE A NEW SECTION 5-208, AFFORDABLE HOUSING (AH) ZONE DISTRICT was read by the city clerk Tom Baker, planning office, said this ordinance as written calls for a free market mix, 20 percent free market and of the 80 percent affordable housing, 60 percent would be low and moderate and 20 per middle resident occupied. Baker said the problem P & Z has with this ordinance is that the mix is not flexible. Baker said staff has come up with the idea of having a 30 to 35 free market mix that would be justified on an economic calculation that the developer would provide staff to review how much would be free market and the mix of affordable units. Baker told Council growth management provides a 50/50 split. Baker said staff feels in order to give a GMQS exemption for something in the affordable housing zone, the community should get something substantial in return. Baker said 65 to 70 percent affordable housing would be attractive enough for a developer to do that. Baker said staff has been working with developers in order to understand what the development costs are. Baker said the 80/20 mix will not work for properties like the Billings parcel. Baker said the cap on free market would serve for the number of bedrooms and for the FAR for free market units. Baker said these numbers could be adjusted given the needs of the project. This would give the private sector the flexibility to put together a program that would work for them, and it gives the Council the ability to insure the community that they are not giving away more than necessary to get affordable housing. Baker said staff is recommending this ordinance be amended at second reading to allow a more flexible mix. Mayor Stirling said he is concerned this may not be flexible enough to get the produc- tion of housing. Councilman Crockett said the Council should allow nothing but affordable housing to be built. Any additional free market units contribute to the problems the city is trying to solve. Councilman Gassman asked what prevents the cap on free market units from becoming a minimum. Baker agreed the staff is 13 Se tember it 1989 Regular Meetin As en Cit Council struggling between providing f lexibil ity and a f ix~d •uniCouncilman will be applied across the board in the commune y Peters said another issue is does the Council waes thescit dwant to ment rights and have the attendant growth or do Y buy down the properties. Councilman Tuite asked if tteaffordable from growth management is enough of an incentive to ge housing. Councilman Tuite asked if this ordinanceeterslmsulnested options for affordable housing. Councilman P gg Council meet with P & Z to discuss this .ordinance.,ona on Settember said this can be added to the study session discussi P 18. Councilman Peters moved to adopt Ordinance #~e: S Roll call 8voten first reading; seconded by Councilman Tui es; Gassman, Councilmembers Tuite, yes; Crockett, yes; Peters, y yes; Mayor Stirling, yes. Motion carried. POLICY FOR CONSTRUCTION OF SIDEWALK CURB AND GUTTER Councilman Peters said he is not an urban planner, ons.dO Councilman confident in responding to theendation c t t they do not support Peters agreed with HPC's recomm , sidewalk improvements in the west end or other residential portions of the city but do support sidewalks along Main stree Counc 1 thas the commercial core. Councilman Peters said th discussed having a comprehensive plan done foridewalks kscurb rand scapes and planning Mayor Stirling agreed s , gutter are fine in the commercial core, Main street and highway 82 but not in residential areas. Mayor Stirling said he would like the issue of drainage discussed. Councilman Peters said the city has been getting sidewalks installed by developmento fund whatever work across town and Council should research a way program is adopted. Councilman Gassman agreed the Council is not a design agency. Councilman Gassman said this is a finite, solvable nrforem Major the Council can have a planner come up with a desig Y Stirling said the city needs to come up witi an Crockett agreed runoff and also with a sidewalk policy. Counci he would like to give this over to a transportation planner to develop the policy. Elyse Elliott, engineering department, presentedli tt told Council locations of curb and gutter around town. Ms. E one street improvement, which helps drainage and s elE liottlsaidoa the pavement, is to install cu eet fromuDurant to Ute. Ms. Elliott project on hold is Original str said at Victorian Square, part of their approval was to install curb, gutter and sidewalks along the frontage of highway 82. Ms. Elliott said at the Mountain House on West End and Hopkins, the 14 Re ular Meetin As en Cit Council Se tember 11 1989 cit was going to pave the street after the owners install curb and Y gutter. Councilman Gassman said his discomfort in approving specific rojects is that they are not related to anythin the streetsmto P Gassman said Council does ob Gish we ty hengineer, suggested the look when they are done. B ~ athwa s, walkways engineering department try and define bikeways, p Y and make a recommendation to Council. Councilman Crndersonasaid why Council has to address this. City Manager Bob A the city has some existing laws on sidewalks., Gish s ods t at want needs to address surface runoffs; there are neighborho curb and gutter. olic does not support the Mayor Stirling moved Council as a p Y building of sidewalks, curbs and gutters, in is sureortesidel that Council doe pp historic hingthertwo hi tonic districts on Main street and within walks wit the commercial core and along Cemetery Lane; seconded by Councilman Peters. Councilman Peters said the engineering departmen off the treets point about the managemen sho ld snotty be rdumped ginto the river. of Aspen, and that it Councilman Peters said he is not comfortable with t Gilman Peters the engineering department designing the city. Coun said this is an aesthetic issue. Councilman Peters said Council should look for someone to do the planning from an aesthetic standpoint. Mayor Stirling said he is looking for softer types of design. Mayor Stirling said he is happy with people encroaching on the right-of-way at their risk; this gives the town a beautiful look. Councilman Peters and Mayor Stirling in favor; Councilmembers Crockett, Gassman and Tuite opposed. Motion NOT carried. Mayor Stirling moved to direct the city manager f°th °S withca September 25 with a proposal of how tlmandGassmanl oAll in favor, 3 or 4 point plan; seconded by Counci motion carried. Councilman Gassman said until Council comes up with a comprehensive plan, he is not willing to discuss individual sidewalks. Mayor Stirling moved to pave Original street as Mot on DIES for engineering street but without curb and gutter. lack of a second. Councilman Tuite said he favors paving this street with curb and gutter. 15 Regular Meeting _Aspen City Council September 11. 1989 Ms. Elliott said another request is to pave West End from Hyman to Hopkins. The city is waiting until the Mountain House installs curb and gutter. This was part of their land use approval. Mayor Stirling moved to pave this without curb and gutter; seconded by Councilman Peters. Rachel Richards said these areas are really in need of curb, gutter and sidewalks. All in favor, with the exception of Councilmembers Gassman and Crockett. Motion carried. Ms. Elliott told Council the highway 82 bike lane going east of town will have curbs and gutters. Bil Dunaway reminded Council voters approved the serial tax levy to pave the streets. Dunaway said Original street was in the plan to be paved. Councilman Crockett said he is not opposed to paving, curb or gutters but would like to do it in a planned, comprehensive fashion. Council- man Crockett said his concern is the increasing urbanization of Aspen. Councilman Tuite moved to reconsider paving Original street; seconded by Mayor Stirling. All in favor, with the exception of Councilmembers Crockett and Gassman. Motion carried. Mayor Stirling moved to pave Original street as requested by the engineering department without curb and gutter; seconded by Councilman Tuite. All in favor, with the exception of Council- members Crockett and Gassman. Motion carried. Roxanne Eflin, planning office, told Council the HPC is doing a study of the Main street historic district, which includes the landscaping, walkways. Ms. Eflin told Council they have gone to look at Fifth and Main, which is at the confluence of two historic drainage ditches. Ms. Eflin said they have worked out an alterna- tive for that site, which is split walkway to not damage the landscaping or the irrigation ditches. Mayor Stirling moved to suspend the rules and meet until 9:30 p.m. ; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. Councilman Peters said it is difficult for Council to make deci- sions when there are not guidelines to do it. ORDINANCE #57, SERIES OF 1989 - Campaign Contributions Sandy Stuller, city attorney's office, said she determined that limitations on campaign expenditures are not authorized by law. 16 Regular Meeting Aspen City Council September 11, 1989 Ms. Stuller said this ordinance places limitations on contributions to candidates, not issues, of $100 per contributor. The ordinance prohibits anonymous contributions. This require the publication of contributions and expenditures 5 days before each election. Councilman Peters moved to read Ordinance #57, Series of 1989; seconded by Councilman Crockett. All in favor, motion carried. ORDINANCE #57 (Series of 1989) AN ORDINANCE IMPOSING LIMITATIONS ON CAMPAIGN CONTRIBU- TIONS FOR OR AGAINST CANDIDATES SEEKING PUBLIC OFFICE; ESTABLISHING DISCLOSURE REQUIREMENTS WITH RESPECT TO CAMPAIGN CONTRIBUTIONS AND EXPENDITURES; PROHIBITING FALSE CAMPAIGN ADVERTISING; IMPOSING PENALTIES FOR VIOLATION OF THESE PROVISIONS, INCLUDING FINES AND IMPRISONMENT NOT TO EXCEED THREE HUNDRED ($300.00) DOLLARS AND/OR NINETY (90) DAYS; AND FURTHER PROVIDING ON CONVICTION FOR FORFEITURE OF THE OFFICE TO WHICH ELECTED was read by the city clerk Councilman Peters moved to adopt Ordinance #57, Series of 1989, on first reading; seconded by Councilman Crockett. Councilman Peters said the amount of money spent on elections in Aspen has been increasing and threatened to overturn the democratic principles people hold dear in Aspen. Councilman Peters said the intention of the ordinance is to allow people enough latitude to promulgate their candidacy but not to buy elections with vast sums of money. Councilman Tuite said this would not limit spending on an election. Councilman Tuite said he does like the publication aspect of the ordinance. Councilman Tuite said he does not care how much someone gives to a candidate as long as the voters know before the election who is providing that money. Councilman Peters said if someone has a popular base, they can raise as much money as they want. Councilman Peters said he feels this is important to this town. Roll call vote; Councilmembers Crockett, yes; Tuite, no; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ASPEN CLUB TENNIS BUBBLE Councilman Gassman stepped down due to a conflict of interest. Dick Butera, applicant, said 20 percent of the local population belongs to the Aspen Club. The Aspen Club fixes a lot of people. Butera told Council he removed a tennis bubble in 1986 because of a diminishing interest in tennis. If they had not used part of the FAR credit, they could put the bubble up again. Butera said they 17 Regular Meeting Aspen City Council September 11, 1989 built 2400 square feet of a fitness institute and are short on FAR to replace the bubble. Butera said they tore down a permanent bubble which was up 12 months a year. They would like to cover an existing tennis court for 6 months of the year. Butera said he has 4200 square feet of credit from the tear down of the first bubble; this is 2400 square feet short of putting up another bubble. The bubble will only be up for half the year. Butera said a tennis court does not have the intensity of use of other commercial uses. Butera said the impact will be nil. Butera said the club creates a good image for Aspen and contributes to the community. Tom Baker, planning office, said Butera asked the planning staff for an interpretation whether this would require a GMQS applica- tion. The deadline for commercial application is September 15th. Baker told Council staff made the interpretation when the bubble was torn down the 6700 square foot credit was given with no strings attached, and approximately 2400 square feet was used. Baker said the end result will be the Aspen Club having the tennis bubble and the racquet ball courts/fitness center. The original proposal prior to tearing down the bubble only had tennis courts. Baker agreed the tennis courts will not have a large impact. Baker recommended tabling this item if Council would like a more thorough presentation from staff. Butera said the racquet ball courts were there and the fitness center is on top of them. Mayor Stirling said the actual footprint of the building will not change. Mayor Stirling said the tennis court is already there, and this is a temporary bubble. Mayor Stirling said there ought to be a way to address this in the code. Councilman Peters said he feels this is an issue for the Board of Adjustment. Councilman Peters said at some point the P & Z said a covered bubble counted in the FAR, and the planning office gave it back as complete, buildable FAR. Councilman Peters said the applicant can build a more intensive expansion than a tennis court bubble. Councilman Peters said it is not in Council' s purview to grant a variance, and should be reviewed by the Board of Adjustment. Councilman Crockett agreed this seems to fit the role of the Board of Adjustment. Councilman Tuite said he would prefer to act on this if the impact fees for the 2400 square feet be paid and that in the future no credit be given whether the bubble stays up or not. Councilman Tuite moved to approve the bubble, that the impact fees in effect for 2,456 square feet be calculated and paid, and that in the future should the bubble stay or go down, the plus or minus FAR does not continue; seconded by Mayor Stirling. Mayor Stirling said this is an internal change which triggers this request. Mayor Stirling said Council has an opportunity to be 18 Reaular Meetina Aspen City Council September 11, 1989 responsive to citizens in a way that is beneficial to the com- munity. Baker requested a letter of credit to make sure that the bubble is removed in the spring. Butera said letters of credit for the next 20 years is not a small matter. Councilman Crockett asked about the neighbors. Councilman Crockett said he would rather refer this to the Board of Adjustment. Sandy Stuller, city attorney's office, said this is not an appropriate application for the Board of Adjustment. Ms. Stuller recommended letting staff analyze exactly what the Code allows under the original approval, how it defined floor area to determine whether or not this is floor area. Councilman Tuite and Mayor Stirling in favor; Councilmembers Crockett and Peters opposed. Motion NOT carried. Butera said he has been through the entire planning office process for two years and staff has made a conclusion. Butera said he is asking for relief from his interpretation. Butera said the Aspen Club is part of the community, and they would like to make it a little better. Councilman Crockett moved to follow Sandy Stuller's advise; seconded by Councilman Peters. Councilmembers Peters and Crockett in favor; Councilman Tuite and Councilman Tuite opposed. Motion NOT carried. Councilman Tuite said if Council does not approve this, the Aspen Club has a credit to build more up there. Mayor Stirling moved to suspend the rules and meet for 15 more minutes; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. REQUEST FOR DONATION - National Preservation Auction Councilman Tuite moved to approve a $200 donation to the National Preservation Auction; seconded by Councilman Crockett. All in favor, motion carried. RESOLUTION #34, SERIES OF 1989 - Intergovernmental Agreement - Housing Authority Fred Gannett, city attorney's office, said this is a rewrite of the 1988 amendment to the housing authority agreement to clean up all the issues of the various agreements. Gannett told Council there is a critical deadline in this as the funding for Meadowood is dependent on getting this agreement adopted. Doug Allen, housing authority, told Council this agreement will only be effective until the end of 1989. Allen said Council can make changes for a new agreement to start in 1990. Mayor Stirling suggested tabling this 19 Regular Meeting Aspen City Council September_11, 1989 until Council meets with the housing authority. Allen said the housing authority has been operating under this agreement all year. The bond counse~_ feels this is a gap that needs to be filled to get the bonding done. It will only be in effect for 3 months. Gannett said the finance department would like the agreement to spell out who is responsible for the records and how to compensate for that. Gannett agreed this will get the housing authority through the next 3 months. Councilman Tuite moved to approve resolution #34, Series of 1989; seconded by Councilman Crockett. All in favor, motion carried. Council adjourned at 9:50 p.m. /~~' ,/ Kathryn S~' Koch, City Clerk (J 20