Loading...
HomeMy WebLinkAboutminutes.council.19900723Regular Meeting Aspen City Council July 23, 1990 NW COLORADO COUNCIL OF GOVERNMENT 1 HOUSING SYMPOSIUM UPDATE 1 CITIZENS COMMENTS 2 COUNCILMEMBER COMMENTS 3 ORDINANCE #37, SERIES OF 1990 - Housing Guidelines . . 6 ORDINANCE #39, SERIES OF 1990 - Amending Corkscrew Restric- tions 6 ORDINANCE #46, SERIES OF 1990 - Sanders Vested Rights . 7 ORDINANCE ##47, SERIES OF 1990 - Arundale Vested Rights . 7 ORDINANCE ##54, SERIES OF 1990 - Appropriations 7 PURCHASE OF AUSTIN PROPERTY 8 HOUSING BUDGET AMENDMENT . 9 RFTA 19 9 0 SUPPLEMENTAL BUDGET 9 FEE WAIVERS FOR AFFORDABLE HOUSING 9 BOARD APPOINTMENTS . . 11 12 Regular Meeting Aspen Citv Council Julv 23, 1990 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Tuite, Gassman, Peters and Pendleton present. NW COLORADO COUNCIL OF GO~IERNMENT Sandy Blaha, associate director, told Council COG was created in 1972 by an order of the Governor. NWCCOG has 32 members covering 6 counties. Their functions are to identify, study and resolve regional problems and to provide technical and general assistance. The Board meetings concentrate on issues that the Board members can learn from each other, like highway plans or child care. COG provides Aspen between $20,000 and $69,000 worth of services. There is $20,000 worth of aging and weatherization and community development. COG also provides water quality and community development programs as well as legislative monitoring. Ms. Blaha told Council in 1989, COG served 774 senior citizens in Pitkin County and weatherized one house and funded a local manufacturing company which created three year round jobs. Ms. Blaha told Council COG' s deficit is gone, helped by the members paying it off . The organizational overhead expenses have been cut. Ms. Blaha said COG is looking at new grant opportunities. Budge Bingham told Council the center of activity is at the new senior center at the Castle Creek terrace. There is lunch 3 days a week, last Friday there were 92 people for lunch. RFTA provides a wheeler chair equipped van for meal days. There is a monthly newsletter published, and an active senior group. The September COG meeting will be in Aspen, on the 4th Thursday.. HOUSING SYMPOSIUM UPDATE Penney Evans told Council the housing symposium held in June was sponsored by the Board of Realtors, the ACRA, the Pitkin County Bar Association and .Lodging Association. This was attended by 75 people and there were 17 presenters. Ms. Evans told Council there was an exchange of information between the public .and private sectors at this symposium. The planning office did a fabulous job of informing everyone what has been going on in the last couple of years. The private sector was surprised and appreciative to learn what has been going on. Ms. Evans told Council a lot of the business community realized they had common problems and could work together in making solutions. Ms. Evans told Council each attendee was asked to share their ideas and interests. Ms. Evans told Council there was a concern about the type of housing being planned and developed; the employers mentioned a shortage of homes for the middle management employee. There was a strong feeling that the low income needs were being met. The employers need to look at this shortage and see what they can do to provide housing under the cost of doing 1 Reaular Meeting Aspen Citv Council Julv 23. 1990 business. Employers need to calculate what it costs them when they have a turn over in middle management. Ms . Evans said the next step is to reactivate the Aspen Independent Housing Corporation. Ms. Evans told Council they will ask all the major employers and businesses in the community to send a represen- tative to this organization, analyze the minutes of the symposium and see if there are decisions of where to go next. If this does not happen, then the timing was not right for this idea. Council- man Peters urged this group to help employees find mortgage financing. .Councilman Peters said there is development coming on line with no financing available. CITIZENS COMMENTS 1. Dee Weever told Council she is part of a group trying to make town safer for pedestrians. Ms. Weewer thanked Council and staff for the work that has already been done. Ms. Weewer said behind the Eagle's there is a townhouse that built a fence to keep pedestrians out. Ms. Weewer asked if the city could go to these homeowners and asked if it is necessary to board up the pathway. Mayor Stirling asked the city manager to research this. In general, the city should be making it easier for people to walk so they do not drive. Councilman Tuite said there will be a new walkway through the Eagle's that is being worked on by the Eagle's and the city. 2. Robert Brazy told Council he has met with the Mayor and interested citizens on safe streets, stop signs and crosswalks, enforced speed limits. Brazy said the cooperation of the community and police force has been good. Brazy said one issue is when the crosswalks will be painted on Main and on other city streets. Brazy said the committee discussed a town celebration where town is cordoned off to approach the concept of town safety ,and community awareness of pedestrian safety. Brazy suggested a mural- type sign on each edge of town which would indicate people are entering Aspen, a pedestrian conscious community. Carol O'Dowd, city manager, told Council staff is pursuing the painting for the core area and will discuss Main street with the highway department. The signs for the crosswalks will be in any day. Mayor Stirling said the town is quite sensitive to signs and was one of the first communities to institute a sign ordinance. Councilman Gassman said he likes the direction of being more sensitive to pedestrian and bicyclists. Councilman Gassman said there is a pedestrian plan being worked on by staff and a citizens committee. The draft plan talks about improving pedestrian safety, especially from the north side of town. Councilman Gassman said how people act is more important than advertising how people act. 2 Regular Meeting Aspen City Council July 23, 1990 Councilman Peters said the mural is a classic example of conflict- ing goals; having people slow down without creating alienation for the effort. Councilman Peters said he would rather concentrate on enforcement, specific crosswalks and controlling traffic. Mayor Stirling moved to have this as the first topic of discussion on a work session July 30. Motion DIES for lack of a second. 3. Rachel Richards, housing board member, invited Council and citizens to a co-housing symposium August 2 at 2 p.m. or 7 p.m. held at the Roaring Fork room of the community center. Co-housing is a new approach to housing to try and create more sense of community and cluster private self-sufficient dwellings around a common house with shared facilities. Residents participate in the design of the facilities and take over the on-going management. the authors of the book "Co-housing, a contemporary approach to housing ourselves" to give a slide presentation. 4. Fritz Benedict presented Council with a map of the existing trails and the possibilities of having a trail connect all the way through town along the Roaring Fork river. Benedict asked Council to take a walk along the existing and proposed trails. Council scheduled this for July 30 at 5 p.m. to meet at the Mill Street bridge. 5. Jon Busch brought up the matrix evaluation of the trolley. Tom Baker, planning office, told Council he did a mode evaluation for a downtown shuttle and evaluated these with a raw range of criteria. This has been reviewed by P & Z and CCLC. Baker said he wants to present the evaluation with staff, P & Z and CCLC input. There are a number of assumptions in this, one being there will be a shuttle system. This evaluates the electric trolley, the horse drawn trolley, the dedicated shuttle bus and using RFTA existing fleet rerouted. This precedes the trolley groups' fund raising efforts and the amendments to the SPA. Mayor Stirling moved to have this presented at a work session July 30~at 6:30 p.m. at city hall; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilmembers Gassman and Peters. Motion carried. COUNCILMEMBER COMMENTS 1. Mayor Stirling said he is outraged at the $40/day lift ticket. Mayor Stirling said this flies in the face of the issue of affordability, which the town has become sensitive to in the realm of access to public areas. Mayor Stirling said the Aspen Ski Company uses a large percentage of public lands on its ski mountains. Mayor Stirling said he contacted the chief forester for the White River National Forest and challenged him to hold hearings 3 Regular Meeting Aspen City Council July 23, 1990 on pricing for ski tickets. The forester has said he is not interested in pursuing this. Mayor Stirling said there is no other single announcement that more affects the economy of Aspen than the single day lift ticket price. Mayor Stirling said he has contacted Congress about the possibility of reopening hearings at the Congressional level. Mayor Stirling said there was a letter received from the president of the Skiing Company written to the advisory committee members apologizing for the manner in which the ticket price was brought to public. Mayor Stirling said the advisory committee is not addressing the issues that affect the community at it's economic soul. Mayor Stirling challenged Council to consider a letter to Congressional committees to urge there by objective hearings held in the valley to give citizens the opportunity to share their feelings about the potential effect this ticket pricing. Mayor Stirling pointed out this is over a 20 percent increase following the worst snow season in 10 years. 2. Mayor Stirling requested some feedback on when the Fannie Mae resolution on the mortgages for PMH units will be dealt with. Carol O'Dowd, city manager, said she has met with the city's financial advisor and will have some proposals for Council in the next month. 3. Mayor Stirling said streets leading to the music tent have. been closed to create a pedestrian walkway. Pearl to Gillespie and Gillespie from Third to Fifth have been closed. Mayor Stirling said there have been some complaints and he would like some feedback from the M. A. A on whether this is helping with the parking and circulation in the west end. 4. Mayor Stirling said there has been some concern about music in the right-of-way in the downtown. Mayor Stirling requested staff to follow this up. People were forced to walk in the street to get around some musicians. 5. Mayor Stirling asked about the delay in the DePagter annexa- tion. Jed Caswall, city attorney, told Council the applicants have been advised there would not be a fee waiver, which has put this on hold. 5. Mayor Stirling moved to table Lucci's liquor license hearing to August 13; seconded by Councilman Gassman. All in favor, motion carried. 6. Councilman Gassman read a letter resigning from the Aspen Snowmass Council for the Arts. Councilman Gassman resigned as recently one member of the Board successfully influenced Arts Council policy by threatening to withhold contributions. Council- man Gassman said many people contribute to the arts and to other non-profit organizations and contribute time, energy, creativity 4 Regular Meeting Aspen City Council July 23, 1990 and money. Councilman Gassman said most people contribute freely with no expectation of reward other than a sense of satisfaction from nurturing Aspen's cultural life. Councilman Gassman said Mark Finkle views his donations not as gifts but as loans revocable at any time and contingent upon arts organizations acting like they are supposed to. Councilman Gassman said as long as one man can establish policy for the Arts Council, the rest of the members are redundant or unnecessary. Councilman Gassman said public policy in the arts is best made by open, free public discussion and debate. Councilman Gassman said what is going on with the Arts Council is economically coercive. 7. Councilman Peters thanked Jed Caswall, city attorney, for his memorandum on family priority and affordable housing. This has been forwarded to the housing authority to try and develop some priorities. Councilman Peters requested Caswall go to the next housing authority meeting to explain the memo in detail. 8. Councilman Peters said he supports efforts on developing a dialogue with the forest service on influencing lift ticket prices. Councilman Peters agreed the town should have some influence on ticket prices, which determine what kind of people come to Aspen and what the town will look like in the future. 9. Councilman Peters said he was dismayed to hear the pronounce- ments of the new director of the ACRA. Councilman Peters said the new director is talking bed tax for the third time around, joint marketing effort which the Ski Company, which was an abysmal failure last year, and eradication of the off seasons. Councilman Peters said he thought the new director would be more sensitive to these issues. Councilman Peters said he finds it distressing that the new director does not represent the new direction of the ACRA Board. Councilman Tuite suggested Council start talking among themselves and not just reacting to newspaper articles. Councilman Tuite said rather than feeding the press, Council might bring these forward in another way. 10. Carol O'Dowd, city manager, requested Council table the sewer easement for the Marolt property and the state highway 82 selection of members to August 13. Ms. O'Dowd pointed out part of the RFTA request is also approval of an intergovernmental agreement with Eagle County. Mayor Stirling moved to table the Sewer Easement and the highway selection of members to August 13 and to add the intergovernmental agreement to IX(d); seconded by Councilman Tuite. All in favor, motion carried. 5 Regular Meeting Aspen City Council July 23j 1990 Councilman Peters moved to approve the minutes of July 9, 19990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #37, SERIES OF 1990 - Housing Guidelines Jim Adamski, housing office, told Council the only change in the guidelines since first reading is the tenure. It was 6 years of residency and it was changed to 6 consecutive years. Councilman Tuite said the other items Council wants addressed are the gross assets and formalizing the policy when a lessee's income level is above the guidelines. Mayor Stirling opened the public hearing. Phoebe Ryerson said if this is done demographically, the city should find out the break down of citizens that are not only residents and voters but try and hit the income level break down. Ms. Ryerson said there is a misconception the town is losing housing to the rich. Councilman Peters said NWCOG is trying to get Pitkin County seed money to get this type of demographic data. Mac Cunningham said there is some confusion with category 2 and 3 and if one was applying under the GMP system to determine how to apply now that the center category has been split. Adamski said staff will have to process a code amendment. Tom Baker, planning office, agreed moderate income housing has a certain point value, which will have to be broken out into categories 2 and 3. Baker said the goal is to have this in place before the next competition. Cunningham said the priority of families is a key element. Cunningham said the city and county should be looking at mortgage assistance; the mortgage problem is not going to go away but will only get bigger. Cunningham said in a 12,000 square feet building, the cash-in-lieu for housing if $83/square foot, which is more than the cost of constructing the building. Councilman Peters said he would rather get the housing than the fees. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance ##37, Series of 1990, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Peters, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #39, SERIES OF 1990 - Amending Corkscrew Restrictions Mayor Stirling said this has to be re-voted on because there were not 3 positive votes two meetings ago. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. 6 Reaular Meeting Aspen Citv Council July 23, 1990 Councilman Peters moved to adopt Ordinance #39, Series of 1990, on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Gassman, yes; Peters, yes; Pendleton, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #46, SERIES OF 1990.- Sanders Vested Rights Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #46, Series of 1990, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Pendleton, yes; Tuite, yes; Peters, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #47, SERIES OF 1990 - Arundale Vested Rights Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #47, Series of 1990, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Peters, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #54, SERIES OF 1990 - Appropriations Dallas Everhart, budget manager, told Council this ordinance has been amended since first reading to include additional appropria- tions. There are revenues from the community partnership and drug recovery funds in the police department of $9735. The funds have been received. This is a request from the police department to reimburse their supply and service budget. The funds will be used for training. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #54, Series of 1990, on second reading; seconded by Councilwoman Pendleton. Councilman Peters asked about the expenditures of the $3600 from the community partnership. Ron Vanmeter told Council this is money from the business community generated for specific projects, rather than using tax money. Vanmeter said some of the money was used for printing 10,000 brochures on vacation tips while in Aspen. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Pendleton, yes; Peters, yes; Mayor Stirling, yes. Motion carried. 7 Regular Meeting Aspen Citv Council Julv 23. 1990 Mayor .Stirling moved to add the Board appointments to the end of the agenda; seconded by Councilman Gassman. All in favor, with the exception of Councilwoman Pendleton. Motion carried. PURCHASE OF AUSTIN PROPERTY Carol O'Dowd, city manager, gave Council the limited appraisal for the Austin property. Alice Davis has done a letter opinion of value showing the range of value current market value is between $700,000 and $750,000. Jed Caswall, city attorney, said there is some concern about upgrading the sewer line. This will cost about $120,000. The sanitation district agrees about breaking out the cost, and the city's share would be 11.7 percent of $13,000 to upgrade the sewer line if that property were to be developed. Caswall told Council the existing structure is not on the histori- cal inventory. Mayor Stirling said the structure is a classic miner's Victorian. Ms. Barbee told Council she has done research and submitted a memorandum to P & Z about the history of the structure. It is estimated the house was built in 1883. The house is in pristine condition in terms of not having been built on in anyway. Mayor Stirling said the subsidy is $37.30 per square foot or $13,788 per worker housed. This subsidy is lower than the Hopkins avenue proposed projects. Councilman Peters said he anticipates the housing planner coming up with a creative way to save the historic cottage and develop affordable housing on site. Councilman Peters said this site is appropriate for employee housing because of the high density and proximity to town. The site does present some problems for development. Mayor Stirling said the .city has to be careful about future purchases for employee housing. This may be the last while the city turns to production. Councilman Tuite said the appraisal does not take into account the historic aspect of the existing struc- ture, which may make this property less of a good buy. Caswall said the Austins have a right of first refusal is this property is not used for affordable housing. Mayor Stirling said he sees this structure as an opportunity for the property. Councilman Peters said there are no sites in town that are simple, flat and without problems. Councilman Peters moved to proceed with the acquisition of the Austin property; seconded by Councilwoman Pendleton. Mayor Stirling said this can be transferred to the housing author- ity. Caswall reminded Council the city's money is purchasing this property but the city will not actually hold title to the property . The city has no agreement with that party as to how the property will be used, etc. Caswall told Council there were to be agreement 8 Regular Meeting Aspen Citv Council Julv 23. 1990 executed before the transfer of the Hopkins avenue property to the housing authority. The documents were never executed. Councilman Peters said he would like these agreement executed by the housing authority and to also accompany this transaction. Caswall said these documents include a formula for the reimbursement of the city funds to the extent that they are available. All in favor, motion carried. HOUSING BUDGET AMENDMENT Mayor Stirling moved to table this until August 13; seconded by Councilman Gassman. All in favor, motion carried. RFTA 1990 SUPPLEMENTAL BUDGET Dan Blankenship, RFTA General Manager, said this resolution allows them to transfer some money from the surplus operating fund into the capital projects fund for 1990. The total transfer is $91, 393 into the capital fund and $39,288 into the operating fund, a total of $130,681 which leaves a balance in the surplus operating fund of $864,082. Blankenship said this transfer is to fund projects that were not anticipated when the budget was adopted. These are construction of the shelter at the library site, other shelters around town, the rail project manager, computer equipment for the carpooling program. Blankenship told Council for operating, they needed money to promote some programs and some prior commitments. Councilman Tuite moved to approve the RFTA supplemental request; seconded by Councilman Gassman. All in favor, motion carried. Blankenship told Council RFTA has been providing service to Eagle county for years without an agreement. This intergovernmental agreement outlines this historic relationship. Eagle county gives the operation $21,000 for that transit service. Councilman Tuite moved to approve the intergovernmental agreement for transit service between RFTA and Eagle County; seconded by Councilman Gassman. All in favor, motion carried. FEE WAIVERS FOR AFFORDABLE HOUSING Jed Caswall, city attorney, said there needs to be more staff work and study on this before a final recommendation comes to Council. Caswall said staff is reviewing all the fees charged by the city. Caswall told Council prior to the adoption of Ordinance #9, 1990, Council waived tap fees totalling almost $350,000. As a result of that, Council has also adopted an ordinance raising water fees 8 percent to help defray these costs. Currently, Council may waive water tap fees for new, 100 percent deed restricted housing as 9 Reaular Meeting Aspen Citv Council Julv 23, 1990 administrated by the housing authority. Council previously stated they were not interested in waiving fees for projects that were part free market, which is to pay for the affordable housing. Carol O'Dowd, city manager, said the water tap fees are not a wavier but are a subsidy. Councilman Gassman said he has serious reservations about waiving fees. These are not waivers but are subsidies which are sort of disguised. The costs and expenses are still there and have to be paid somewhere. Councilman Gassman said it may be appropriate that the community pick up some costs for affordable housing as long as the bookkeeping shows these subsidies. Brooke Peterson, representing Smuggler, reminded Council when Smuggler was annexed and had 86 units, there was no way to come to an equitable conclusion of how resale restrictions should be applied. Peterson said they did come up with a set of deed restrictions to make these units owner/occupied and to keep the ownership within the community. The sales are administered by the housing authority. Peterson said water taps for putting a new double wide in Smuggler are in excess of $5500. Councilman Peters said waiving fees for affordable housing is an effort to mitigate the high cost of doing business in Aspen. Councilman Peters said he has never considered waiving tap fees for renovations as this was meant as incentive for. new construction. Councilman Peters said it is his intention to stimulate new affordable housing for 100 percent affordable housing projects that were deed restricted and not part of growth management applica- tions. Councilman Peters said it is not his intention to subsidize the cost of doing business in expansion, or to forgive water tap fees in commercial or residential projects in association with affordable housing. Councilman Peters said a tap fee waiver may be appropriate for 100 replacement of affordable housing. Caswall pointed out there is an ordinance that allows people who are renovating not to pay the full fee but to get credit for what was originally paid. Caswall told Council the criteria for waiving. fees prior to ordinance #9 was the project must be 100 percent affordable deed restricted housing as approved by the housing authority; all water consumption devices must use conservation devices; units must have their bwn water line with tap exclusive use for the project; irrigation for landscape must be with untreated water when possible; Council requires all savings due to the waiver of tap fees must be passed on to lower unit costs; and the housing project cannot be a trade off or concession for other development rights. Mayor Stirling said he likes these guidelines. Councilman Tuite said waiving fees for 100 percent replacement does make sense as an incentive. Caswall recommended staff give this 10 Regular Meeting Aspen City Council July 23, 1990 issue a more thorough and broad analysis rather than trying to solve one project's problem at a time. Councilman Gassman agreed this should be done more thoroughly before legislation is passed. Councilman Peters said there is a high cost of waiving tap fees and Council should be discriminating in waiving tap fees. Councilman Peters agreed Council should develop a policy that can be consistent and will not have to be re-examined every few months . Councilman Peters concurred tap fees should be waived for essential community projects. Councilwoman Pendleton agreed policies should be formed; there should be more discretion in the ordinance. Mayor Stirling said he would like more flexibility than there currently is. BOARD APPOINTMENTS Councilman Gassman moved to appoint Sara Garton to the planning and zoning commission; seconded by Councilman Peters. All in favor, with the exception of Councilwoman Pendleton. Motion carried. Councilwoman Pendleton moved to appoint Roger Moyer as the first alternate to the historic preservation commission; seconded by Councilman Peters. All in favor, motion carried. Councilman Peters moved to direct the city clerk to continue advertising for another alternate for HPC; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilman Peters moved to leave the position open on the Board of Appeals and examiners and have staff determine if David Guthrie is a resident of Pitkin county or not; seconded by Councilman Gassman. All in favor, motion-carried. Councilman Peters moved to appoint Richard Roth to the housing authority; seconded by Councilman Gassman. All in favor, with the exception of Councilwoman Pendleton. Motion carried. Councilman Peters moved to appoint Saul Barnett to the housing authority; seconded by Councilman Gassman. All in favor, with the exception of Mayor Stirling. Motion carried. Council adjourned at 8:45 p.m. ~` ,. %~ ~ Y Kathryn S Koch, City Clerk 11