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HomeMy WebLinkAboutminutes.council.19920323Regular Meeting Aspen City Council March 23, 1992 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Pendleton, Reno, Peters and Richards present. Mayor Bennett congratulated the high school hockey team for the superb showing in winning the state championship. CITIZEN PARTICIPATION Mary Sloop, Aspen Mother Puckers, told Council they had a fund raiser Saturday March 21 at the ice garden. Ms. Sloop requested Council donate the ice time. The expenses were $255 and they took in $300 at the door. This was a fund raiser for the Mother Puckers and the rugby team. Councilman Reno moved to take $160 out of the contingency fund to pay for the ice time; seconded by Councilwoman Richards. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilwoman Pendleton told Council a Galena street shuttle user survey was done. People approve of the shuttle. One suggestion is to get a more accessible vehicle. 23 percent of the riders found out about this through the parking parage. Most users are skiers. 2. Councilwoman Pendleton said there is going to be a symposium on congestion in the Roaring Fork Valley held April 13 and 14 from 9 a.m. to 5 p.m. in conjunction with RFTA, the city, county, Colorado Department of Transportation, and Federal Transit Authority. 3. Amy Margerum, city manager, requested a date for the water policy work session. Council scheduled this for April 16 at 5 p.m. 4. Amy Margerum, city manager, said the Pitkin Mesa Improvement District will be on the April 13th agenda. 5. Amy Margerum, city manager, told Council she, George Robinson, parks director, and Tim Anderson, recreation director, met with members of the Maroon Creek caucus, neighbors and users of the Moore swimming pool. After some venting of frustrations, this was a very positive meeting. The neighbors felt planting and landscap- ing around the pool would help and they could live with the structure up this summer and also work on a long term plan. 6. Councilwoman Pendleton asked if when the Department of Transportation does the overlay on Main street they are also going to stripe the crosswalks as well as the travel lanes. Amy 1 Regular Meeting Aspen City Council March 23, 1992 Margerum, city manager, said this was not included in the work; however, staff will find out the costs and report back to Council. 7. Amy Margerum, city manager, noted that the Wheeler sidewalks information was not included in the agenda and asked if Council would like to discuss it now or at the next meeting. Councilwoman Richards said she has reservations about the Wheeler sidewalk when there are other things in the city that seem to be in more need of repair or replacement. Councilwoman Richards asked whether staff has talked about using mall bricks in this sidewalk. Mayor Bennett said $45,000 seems like a steep price for a sidewalk. Councilman Peters said some of this cost includes snow melting, which is a legitimate question in light of the energy issues. Councilwoman Richards moved to table the Wheeler sidewalk to April 13; seconded by Councilman Reno. All in favor, motion carried. MINUTES Councilman Peters moved to approve the Minute of March 9 and 10, 1992; seconded by Councilman Reno. All in favor, motion carried. NEW LIQUOR LICENSE HEARING - L'Opera Chairman John Bennett opened the public hearing. Kathryn Koch reported the file, posting and publication to be in order. Gerard Philippon, applicant, told Council they do not intend on having a bar. L'Opera has been in business 4 months and has had a demand to serve beer, wine and alcohol to their clientele. Philippon presented a petition with 100 signatures in support of this license. Philippon told Council he has had two liquor licenses in other states. Bennett asked for opponents Dan Arrow, 301 South Mill street Popcorn Wagon, told Council he has served Aspen in the present location for 6 years. Arrow said they have watched businesses come and go and have listened to their desires. Arrow said they serve people late at night and feel that another liquor license in not needed in this neighborhood. Arrow said the applicant is a good neighbor and has put together a fine business. Arrow said alcohol is regulated in the state of Colorado and it is the law that an applicant must prove need in the neighborhood. Arrow said Council's view of not medallionizing liquor licenses is in error. Arrow said visitors and residents both have ample access to alcohol in the neighborhood. Arrow said 2 Regular Meeting Aspen City Council March 23, 1992 he feels one more outlet immediately adjacent to him is excessive. Philippon told Council they will not have a late night rowdy bar at L'Opera. Philippon said it is difficult to cater to a dinner clientele without wine. Bennett closed the public hearing. Councilman Peters said the broad needs in this community are the ability to serve the tourist in a decent and balanced fashion. Councilwoman Pendleton asked how the moral and financial character of an applicant is checked. City Clerk Kathryn Koch said the police department does a background check, fingerprints are sent to the CBI/FBI and the western slope credit union does a check. Councilwoman Richards said the city's "neighborhood" also serves 15,000 to 25,000 guests per week. Councilwoman Richards said Aspen is gaining a reputation for having a culinary variety in the community. Mayor Bennett agreed establishments like this are an asset to Aspen, and Aspen is a better place for small establish- ments. Councilwoman Richards moved that based on the evidence presented at this public hearing relating to the application of L'Opera for a hotel and restaurant liquor license, the Council finds that the needs of the neighborhood have not been met and the license is granted; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #10, SERIES OF 1992 - 700 West Francis Historic Designa- tion Roxanne Eflin, planning office, presented the certificate of mailing and public hearing. Ms. Eflin told Council this structure was built in 1890; it was owned by the owner of the local brewery. HPC recommends approval of designation. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #10, Series of 1992, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. Councilman Peters moved to approve the $2,000 designation grant for 700 West Francis; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #12, SERIES OF 1992 - Winter Garden Ice Rink PUD 3 Regular Meeting Aspen City Council March 23, 1992 Councilwoman Pendleton moved to table this to April 13, 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #14, SERIES OF 1992 - Chalmers Lot Split Kim Johnson, planning office, told Council this is an application for a lot split for the development of a single family home and a legitimate lot for the Gant tennis courts. The applicant is requesting a waiver of the water main extension moratorium, which has the support of the water department. Ms. Johnson told Council most of the conditions of approval have been met, leaving only two. There was a question raised at first reading whether the Gant should give consent to this application. The city attorney has determined that because the Gant is not a physical owner of the property, they are not required to give their consent. This site has had various land use approvals, most recently in 1991 Council approved the creation of 3 lots, one of which was the tennis courts for the Gant. The current owner would like to develop one single family home, which necessitates approvals of the lot split. This application complies with the criteria for lot split within the land use code. David Finholm, representing the applicant, submitted drawings to the record. Finholm also submitted a letter regarding the avalanche hazards. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno moved to adopt Ordinance #14, Series of 1992, on second reading as amended to correct the section numbers and to waive the water line moratorium; seconded by Councilwoman Pendle- ton. Councilman Peters requested staff make sure the easements are covered on the plat, especially the trail easement. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #15, SERIES OF 1992 - Hume Lot Split Kim Johnson, planning office, told Council this lot split is located above Hallam Lake. At the first reading, Council discussed relocating the fence on site. Ms. Johnson said this is a one acre parcel, to be divided into two lots. Any future development on this site will be subject to pertinent reviews, like the Hallam lake ESA. The two lots will be 26,000 and 16,850 square feet. 4 Regular Meeting Aspen City Council March 23, 1992 These proposed lots meet the R-6 lot requirements. Staff recom- mends approval. Gideon Kaufman, representing the applicant, submitted the affidavit of mailing and posting to the record. Kaufman said there is concern about condition #8. Kaufman told Council this property has been in this ownership for 40 years. The applicant has discussed the ditch with ACES. Kaufman requested the public hearing be tabled so the applicant and ACES can discuss this ditch with Council. Councilman Peters moved to table this to April 13, 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #16, SERIES OF 1992 - Appropriations Dallas Everhart, finance director, pointed out this ordinance has been amended since first reading. First reading included electric expenses of $41,000 for Cemetery Lane undergrounding. Staff has reviewed this and reduced the appropriation to $2500 to cover actually expenses. Water expenses of $24,000 relating to the east plant engineering contract was omitted in the first reading. These fees were to do research which was approved by Council in January. Everhart also included the expense of $200 for flags for Queens- town. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno moved to adopt Ordinance #16, Series of 1992, on second reading, as amended; seconded by Councilman Peters. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #12, SERIES OF 199 - William Ranch Annexation John Worcester, assistant city attorney, reminded Council this was tabled at the last meeting in order to make sure all statutory requirements were met. Gary Wright, representing the applicant, told Council the statutes require consent of the landowner when the annexation will have the affect of dividing the property. Wright presented an affidavit of consent of the owner of the entire 42 acres to the annexation of the Williams Ranch. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Resolution #12, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. 5 Regular Meeting Aspen City Council March 23, 1992 ORDINANCE #17, SERIES OF 1992 - Housing Guidelines Jim Curtis, acting housing director, went over the changes in the housing guidelines Council requested at the last meeting. Curtis told Council page 8 discusses the FNMA fee. The housing board recommended a 1/4 percent fee where FNMA financing is used. Page 9 clarifies maximum rental rate for a room in an employee housing unit, which is a percentage share of what the unit can be rented for. Section 5 deals with priorities on bidding on units. The guide lines as amended delete a priority preference for households with depen dents. Curtis pointed out that category 4 and resident occupied sale units will not be considered for growth management plan points has been deleted from the guidelines. The housing board felt this would be better dealt with through a land use code amendment where Council could consider these type of units at their discretion. Mayor Bennett said the required minimum square footages may be larger than they need be. Curtis said staff assumes that developers will build to the minimum standards, and they wanted to feel comfortable these units would be suitable and desirable. Amy Margerum, city manager, pointed out net livable is very different from square footage. Curtis pointed out in the definitions, residents and resident occupied unit were deleted because this is dealt with in a separate section of the guidelines. Curtis submitted a letter to Council from the Aspen Highlands Villas Association requesting clarifica- tion that should a unit be rented that a tenant acknowledge the regulations of the homeowners association. Mayor Bennett suggested the awareness of the regulations be added to the lease rather than the guidelines. Councilman Peters said he is concerned if these are in the guidelines, it will become the responsibility of the housing office to enforce the individual homeowners regulations. Councilman Peters said he would ratify a statement that the renter be aware of the guidelines but that the housing office have absolutely no interference. Curtis will return with language. Curtis said the housing board discussed resident occupied units and recommends approval of the language. Curtis said the board would like to continue their discussion about what are the policy and the practical implication of resident occupied unit. Councilwoman Richards said she would like the issues hashed out before language regarding resident occupied units is included. There are not a lot of examples from other communities. Councilwoman Richards said resident occupied units will affect the type of units coming in from the affordable housing zone district. Councilwoman Richards said the threshold issue is that the city will be accepting 6 Regular Meeting Aspen City Council March 23, 1992 increased neighborhood density under the AH zone with the under- standing the increased density is creating affordable housing to serve a market need in the community. The question is whether this housing will serve that market need in the community in the next 10 years, who will be doing the asset checks, whether this will be a new free market tier of housing. Councilwoman Richards said the issues are utilization, enforcement and how does this serve community needs. Mayor Bennett said he feels resident occupied clearly serves a community purpose. Councilman Peters said the housing authority board admonishes Council not to use this until it has been looked at more by the Board. Councilman Peters said one issue is whether FNMA financing should be available for resident occupied units. Councilman Peters pointed out that resident occupied units are already in the codes; this was not promulgated by the housing authority. Councilman Peters said the city should go slow on resident occupied units, let the housing board pass down some guidelines. Diane Moore, planning director, pointed out Council has the final say on what housing mix is approved in AH zone district on recommendation made by the housing authority. Curtis told Council the housing board considers resident occupied units they would like to proceed with and an experiment to be very prudent about. Councilman Peters moved for the purposes of examining the afford- able housing zone district proposal, the city not accept resident occupied units until there is a full recommendation from the housing authority; seconded by Councilwoman Richards. This is an informal moratorium. Amy Margerum, city manager, said because the AH zone district in the land use code allows resident occupied units, if Council does not feel comfortable with an application that contain resident occupied units that they not approve the application rather than have a moratorium. Mayor Bennett agreed and pointed out Council has the power to not approve applications on a case by case basis. Councilman Peters said his motion is fair warning that this is an issue that has not been finished. Councilman Peters said it does not have to be a motion. Council agreed. Curtis said another issue is priority for bidding for ownership units. The language currently in the guideline is from the joint meeting last month. The housing board feels there should be a priority for households with dependents; however, the Council and commissioners agreed there should be no priorities for households with dependents. Councilman Peters said he would like this position reconsidered. Mayor Bennett agreed that families ought to get some priority; however, they are receiving income priorities. 7 Regular Meeting Aspen City Council March 23, 1992 Councilwoman Richards suggested a compromise of a priority for families with dependents for three-bedroom units or larger. Councilwoman Richards noted that larger units are built specifical- ly with families in mind. Councilman Peters moved to amend the housing guidelines to give preference to families with dependents for three-bedroom and larger units; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Richards moved to read Ordinance #17, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #17 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING AFFORDABLE RESIDENT HOUSING GUIDELINES AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY was read by the city clerk Councilwoman Pendleton moved to adopt Ordinance #17, Series of 1992, as amended on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. WEST HOPKINS AFFORDABLE HOUSING Jim Curtis, acting housing director, told Council this project is proceeding on schedule. The intent is to break ground early spring. Dave Tolen, housing office, told Council the project is out to bid. Staff will be looking at these bids April 20. The development costs are based on cost estimates done by a local firm who works for Hagman Yaw. Tolen told Council staff has gone over these costs and compared them to previous projects. These cost estimates are conservative. Tolen said staff needs a decision from Council on the income categories, which will be the key to the subsidy required from the city. Curtis said staff is looking for a policy decision on category 1 units, which are the lowest priced with the largest subsidy; if there is still an intent to have the majority of the units in category 2 versus category 3; and is Council willing to consider a $443,000 subsidy independent of land or do they want to lower this? Councilwoman Richards said the city has more control over the price of units when the cost starts out lower. Dallas Everhart, finance director, told Council he has not analyzed this subsidy. The money is to come from the housing/daycare fund. Councilman Peters said category 1 units do require a lot of subsidy. These units may be 8 Regular Meeting Aspen City Council March 23, 1992 used by a very limited market. Councilman Peters said these may better serve the community as rental units. If these units were category 2, the project would take less of a subsidy, this money could be put into other projects, and it would still serve a large segment of the community. Councilman Peters suggested Council look at the bottom line subsidy before they decide what category these units should be. Councilman Reno said this project should try and comply with the suggestions of the energy committee. Councilwoman Pendleton said she favors category 1 units so that people can start somewhere and progress up. Councilwoman Pendleton said this is the city's first project and she would like the city to do as many things as they apply to other projects, like energy savings, bringing it under budget and schedule. Councilwoman Richards said she could be flexible on the category 1 units and having the price a little higher. Councilwoman Richards said she would like to see a project that is lower in price than existing projects. Councilman Reno asked about costs of a construction manager. Tolen said it is not included but there should be enough budget to cover the costs of a construction manager. Curtis said the housing staff wanted to give Council an update to show this project is making progress. Mayor Bennett said it is too early for Council to make a decision on the subsidy until they have more information. Mayor Bennett said he would agree to turn the category 1 units into rental units or to category 2 sales units. Mayor Bennett said he is concerned about the amount of consultants he sees listed in the project. Curtis explained some of this is because the housing department is in a transition period and does not have all the positions filled. Tolen told Council he is involving the city's finance department because the city will have the exposure in this project. Amy Margerum, city manager, said in the budget process the county charged the city for all the administrative overhead and the city paid 50 percent. Ms. Margerum said this is an opportunity to revisit the city's share of the housing authority budget. Curtis said it would be appropriate to revisit the city/county share of the budget when the housing authority comes to the city with specific recommendations on property management. Council agreed the county and city charges should be looked at again. ORDINANCE #18, SERIES OF 1992 - Ute Park Subdivision Councilman Peters moved to read Ordinance #18, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #18 (Series of 1992) 9 Regular Meeting Aspen City Council March 23, 1992 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM (RR) RURAL RESIDENTIAL TO (AH) AFFORDABLE HOUSING, SUBDIVI SION, FINAL PUD, GROWTH MANAGEMENT EXEMPTION FOR FREE MARKET HOUSING IN AN (AH) AFFORDABLE HOUSING ZONE DISTRICT AND FOR DEED RESTRICTED HOUSING, CONDOMINIUMIZA TION, VESTED RIGHTS, AND WAIVER OF THE WATER MAIN EXTEN SION MORATORIUM FOR THE UTE PARK SUBDIVISION, A FOUR LOT SUBDIVISION ON A 3.8 ACRE METES AND BOUNDS PARCEL SITUATED IN THE NW 1/4 SE 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO was read by the city clerk Kim Johnson, planning office, told Council this is the last step in a 4-step hearing process. Conceptual approval was given by Council in August 1990 upon recommendation from P & Z. The conceptual plan was larger than this proposal, and density was one of the main issues. This is the first AH project from a private developer to make it to final PUD. The original project was 16 two-bedroom townhome and 7 two-bedroom free market townhouse; this is 7 deed restrict ed townhomes and 3 free market lots for development by individuals. The parcel is 3.8 acres located at the far east end of Ute avenue on the south side. Ms. Johnson recommended approval of all reviews except the park impact fee waiver, which staff feels should be absorbed in the project. Ms. Johnson said one aspect of the AH zone district that has not been looked at is that in growth management, the development cannot begin until the affordable housing has been taken care of. In the AH zone, the affordable housing is being subsidized by the free market development. The development of the affordable housing will depend on the sale of one free market lot. Staff is concerned about the two phases developing together so staff does not lose site of the AH portion of the project. Ms. Johnson pointed out this site is located within an avalanche hazard. The earlier proposal has affordable housing placed within the hazard areas. The applicant was asked to mitigate the housing in these hazard areas. Ms. Johnson pointed out the mitigation is through a free market house on lot 1. Staff is concerned that if the lot is not built on or the house is built where it does not provide a barrier to the affordable housing units, there would be no protection to them. Tom Stevens, representing the applicant Jim Martin, told Council it has not been an easy road to be the first AH project because of the process and because of the expectations of the product. Stevens said the free market units are going to carry this project. The AH portion has received free land; the improvements to Ute avenue are 10 Regular Meeting Aspen City Council March 23, 1992 being borne completely by the free market units as are the development costs. Stevens pointed out this project sits rights next to what will be marketed as free market Aspen real estate. Because of this, the spec package for siding, windows, roofing and landscaping has been increased. Stevens told Council through the development process, the appli- cants felt they were forcing too much on to the site and started the design over. The result was a less dense project and also fit the parameters of this site, which has slide paths, steep slopes. The developable area of the site was not enough to handle the original proposal. The current projects meets the 70/30 split of units and 60/40 split of bedrooms and all dimensional requirements. Stevens told Council Aspen does not have snow slide area mapping. The applicants hired an avalanche expert. Stevens told Council on the single family lots there are conditional and unconditional zones. The unconditional zones are large enough to handle all FAR; however, if a buyer elects to build in an area identified as conditional, the architectural plans have to incorporate structural mitigation that will withstand a slide. Stevens said one slide area has the potential of running every year and there will be no building in that area. The avalanche area on the left has never run but it has the geological characteristics indicating it could. Buildings in this area will have to have structural mitigation. The deed restricted units below are not in danger of avalanches. Lot 1 can absorb the increased costs for an increased structure and can provide a shadow of safe zones. Stevens told Council after watching the deed restricted market, they redesigned the units to three-bedroom, added a garage with storage to each unit. These are 3-bedroom, 3 bath of 1300 square feet net livable square feet. Stevens told Council the original proposal was for all category 4 units. The housing authority has indicated they would like to see 3 category 3 units. There is one parking space in the garage, one in tandem behind the garage or 2 parking spaces per unit. Stevens said the applicants walked the Nordic trail alignment with Craig Ward, staked it and transferred the alignment to the plat. The applicants suggested the trail be skied for a year and then have the plat modified. Stevens reminded Council the upper Ute avenue district is in process. The appli- cants are participating in the improvement district in a pro rata share. One issue on the water line is the main extension. For lots 1 and 2 in order to get a fire hydrant, it is recommended the main be extended up the drive. The applicants need a variance from the water extension moratorium to complete this. The other issue is that this is not a looped system, the water line runs up the access 11 Regular Meeting Aspen City Council March 23, 1992 driveway. For this reason, the city's water department does not want to accept this as a city system and wants the applicant to maintain this privately. The fire access has yet to be resolved and this will be worked out with the fire department. Stevens said for the free market lots, the applicants can provide a deed in escrow for lot 4 so that if the applicant defaults, the city will own the lot free and clear. Secondly, they will provide a letter of credit as a trigger off the sale of the free market units which would give the city the title and the funding to build the approved project. This will put the city in the position of being the developer if the applicant defaults. The other issue is providing the actual snow slide mitigation for the deed restricted units. The home constructed on lot 1 should protect the deed restricted units. However, what happens if the house on lot 1 is not built before the deed restricted units or is designed to leave some of the deed restricted units in exposure. Stevens proposed within a two year period, the construction on lot 1 has to be done either prior to or simultaneous with the construc- tion of the deed restricted units. A framing approval from the building department has to be issued for the home on lot 1 prior to a certificate of occupancy for any of the deed restricted units. In the event the house on lot 1 is not designed to adequately protect the deed restricted units, any deed restricted unit left in an area of vulnerability, has to be built to structural mitigation put forward by the avalanche expert. It has been noted on the plat that structural mitigation has to take place on lot 1. Jim Martin, applicant, told Council P & Z was concerned about the applicant selling some free market lots and then dropping out of the project. Martin told Council the applicants have every incentive to complete this project. Martin said on the sale of the first free market lot, they will put the deed to lot 4, the affordable housing lot, in escrow with instructions to deliver this to the city. The applicants will also put up a letter of credit in some amount to enable the city to build the employee housing. Councilman Peters said between the letter of credit and the deed to the housing lots along with language that would allow the city to become owners of the construction documents to build the affordable housing units, the city is well protected. Councilman Peters suggested a method to notify the city with a nominal first deed of trust on the other lots that would have to be released when the lots close. Councilwoman Pendleton said she feels this project has come a long way since conceptual and she is very impressed with it. Stevens requested park dedication fees for the project be waived. There is one for the employee housing ($21,840) and one for the 12 Regular Meeting Aspen City Council March 23, 1992 free market ($9360). Stevens said park dedication fees for employee housing projects have in the past been waived. The code differentiates between new and current residents of the community; it should be waived for current residents of the community. The housing guidelines require that only current residents can buy these units. Stevens said the project is granting an easement, which has an appraised value of $53,000, to the community for outdoor use. This easement should more than offset the park dedication fee of $9300. Councilman Peters recommended approve the water main extension and not the fee waiver. Councilman Peters pointed out the easements come with subdivision, which is part of this project. Councilman Peters said there will be costs to the community from the free market units. Councilwoman Pendleton said Council has discussed 100 percent affordable housing projects should come in during budget hearings with the non-profit groups to request fee waivers. Councilwoman Richards said the Council should not be developing policy during an application. Councilman Reno agreed. Councilman Reno said there is an impact on the community with affordable housing projects and they should pay for these impacts. Ms. Johnson told Council the applicant is requesting a code amendment to increase floor areas to lots in an AH zone. This will be presented at the next Council meeting. Councilwoman Richards asked if there should be controlled slides or setting off of the avalanche areas. Art Mears said he does not recommend people setting off avalanches above fixed facilities that are valuable. Sometimes an avalanche that would not have occurred is set off. Councilman Peters moved to adopt Ordinance #18, Series of 1992, incorporating as material representation of the development proposal the Ute Park subdivision agreement for financial and mitigation assurances with regarding basically to form; seconded by Council woman Pendleton. Roll call vote; Councilmembers Reno, yes; Peters, yes; Pendleton, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #19, SERIES OF 1992 - Amending Section 10 of Ordinance 1, 1990 by Extending the sunset/expiration dates as contained therein Councilwoman Pendleton moved to read Ordinance #19, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #19 (Series of 1992) AN ORDINANCE AMENDING SEC TION 10 OF ORDINANCE 1, SERIES 13 Regular Meeting Aspen City Council March 23, 1992 OF 1990, GOVERNING HOUSING REPLACEMENT AND ACCESSORY DWELLING UNITS, BY EXTENDING THE SUNSET/EXPIRATION AND REVIEW DATES AS CONTAINED THEREIN was read by the city clerk Diane Moore, planning director, recommended adoption of the ordinance and told Council Section 10 of Ordinance 1 states it will expire April 15, 1992, unless Council takes action. Ms. Moore said staff has evaluated the effectiveness of Ordinance 1 and recommends continuance with another review date April 15, 1994. The reason for the additional review date is to get a more comprehensive review. Councilwoman Pendleton moved to adopt Ordinance #19, Series of 1992, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #20, SERIES OF 1992 - Amending Ord. 60, 1990, by repealing Section 5 and Eliminating the Sunset Provision of Cottage Infill Legislation Councilwoman Richards moved to read Ordinance #20, Series of 1992, seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #20 (Series of 1992) AN ORDINANCE AMENDING ORDINANCE #60, SERIES OF 1990, BY REPEALING SECTION 5 AND THEREBY ELIMINATING THE EVALUA- TION PROVISION OF THE COTTAGE INFILL LEGISLATION was read by the city clerk Councilwoman Richards moved to adopt Ordinance #20, Series of 1992; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Reno, yes; Pendleton, yes; Richards, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to suspend the rules and continue the meeting to 9:15; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #21, SERIES OF 1992 - Historic Designation City Shop Councilwoman Pendleton moved to read Ordinance #21, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #21 (Series of 1992) 14 Regular Meeting Aspen City Council March 23, 1992 AN ORDINANCE DESIGNATING THE HISTORIC CASTLE CREEK POWER PLANT, NOW CITY SHOP, AT 1080 POWER PLANT ROAD AS "H" HISTORIC LANDMARK PURSUANT TO DIVISION 7, SECTION 7-701 OF CHAPTER 24 OF THE MUNICIPAL CODE was read by the city clerk Councilwoman Pendleton moved to adopt Ordinance #21, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Roxanne Eflin, planning director, told Council there is a letter of support from the public works director. The underground tanks will not be covered by HPC review as these already have a building permit. Ms. Eflin told Council the city received a certified local government grant to help fund part of the project management staff time to develop a master plan for the city shop site. Staff recommends approval of the ordinance on first reading. Four of the 6 criteria for designation have been met. Councilman Peters moved to adopt Ordinance #21, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Mayor Bennett asked if this will be a road block to the remodeling of city shop. Ms. Eflin said the HPC will have full review authority over the remodel to make sure the changes will not affect the historic character of the building. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. REQUEST FOR FUNDS - Michael Hutton Councilman Peters said this does not seem to be an ambassadorial or cultural exchange trip. Councilman Peters said he does not feel this is an appropriate request for Council. Councilman Reno agreed. Mayor Bennett noted the city does not even fund sister city trips. Councilman Peters moved to deny the fund request; seconded by Councilman Reno. All in favor, motion carried. Councilwoman Pendleton moved to continue the meeting to March 24, 1992, at 5:00 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Council left the Chambers at 9:15 p.m. Kathryn S. Koch, City Clerk 15 Regular Meeting Aspen City Council March 23, 1992 CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 1 ................................ ......... MINUTES 2 ................................ ........................ NEW LIQUOR LICENSE HEARING - L'Opera 2 ........................... ORDINANCE #10, SERIES OF 1992 - 700 West Francis Historic Designa tion 3 ................................ ............... ORDINANCE #12, SERIES OF 1992 - Winter Garden Ice Rink PUD 3 ..... ORDINANCE #14, SERIES OF 1992 - Chalmers Lot Split 4 ............. ORDINANCE #15, SERIES OF 1992 - Hume Lot Split 4 ................. ORDINANCE #16, SERIES OF 1992 - Appropriations 5 ................. RESOLUTION #12, SERIES OF 199 - William Ranch Annexation 5 ....... ORDINANCE #17, SERIES OF 1992 - Housing Guidelines 5 ............. WEST HOPKINS AFFORDABLE HOUSING 8 ................................ ORDINANCE #18, SERIES OF 1992 - Ute Park Subdivision 9 ........... ORDINANCE #19, SERIES OF 1992 - Amending Section 10 of Ordinance 1, 1990 by Extending the sunset/expiration dates as contained therein 13 ................................ ORDINANCE #20, SERIES OF 1992 - Amending Ord. 60, 1990, by repealing Section 5 and Eliminating the Sunset Provision of Cottage Infill Legislation 14 ............................. ORDINANCE #21, SERIES OF 1992 - Historic Designation City Shop 14 . REQUEST FOR FUNDS - Michael Hutton 15 ............................. 16