HomeMy WebLinkAboutminutes.council.19921214Regular Meeting Aspen City Council December 14, 1992
Mayor Bennett called the meeting to order at 5:05 p.m. with
Councilmembers Peters, Pendleton and Richards present.
CITIZEN PARTICIPATION
1. Scott MacDonald said staff is not properly prioritizing a
major contributor to PM 10, Main Street is a major generator to PM
10, caused by parking, traffic, RFTA buses. MacDonald said he will
comment further on the public hearing.
2. Raymond Auger said the city is supportive of energy conserva-
tion and the environment. Auger said he was recently approached to
install a strip curtain in front of a restaurant to prevent drafts.
Auger told Council he inquired of city staff what this would cost.
Auger said he was told it would cost $120 to install an $800
curtain, which killed the project. Auger said if the city is
sincere about energy conservation, it should waive fees for energy
saving type projects. Council requested staff look into making an
exception of fees for energy related small projects.
3. Henry Golds mith, representing the Sister Cities Committee,
told Council they have had requests for a flag. Council suggested
a design competition for this flag. Amy Margerum, city manager,
suggested the committee put together a letter announcing this
design competition and the city will send it out under the Mayor's
signature.
COUNCILMEMBER COMMENTS
1. Councilman Peters moved to continue Ordinance #79, Series of
1992, to January 25, 1993; seconded by Councilwoman Richards. All
in favor, motion carried.
2. Amy Margerum, city manager, noted RFTA supplement appropria-
tion public hearing has been left off the agenda and should be
added.
Councilman Peters moved to add RFTA supplemental appropriation at
the end of public hearing; seconded by Councilwoman Pendleton. All
in favor, motion carried.
Councilman Peters moved to add Sister City housing appointments and
discussion of the Billings Note as IX (c); seconded by Councilwoman
Richards. All in favor, motion carried.
Amy Margerum, city manager, requested PM 10 plan and Ordinance #74
be switched on the agenda. Council agreed.
4. Amy Margerum, city manager, requested a special meeting
1
Regular Meeting Aspen City Council December 14, 1992
Tuesday, December 22nd at 8 a.m. on a personnel matter; the city
attorney's evaluation.
Councilman Peters moved to schedule an executive session for a
personnel issues Tuesday January 22nd at 8 a.m.; seconded by
Councilwoman Richards. All in favor, motion carried.
5. Amy Margerum, city manager, told Council staff has some
recommendations on the summer day camp subsidies. Council
requested this be an agenda item on the January 11th agenda.
CONSENT AGENDA
Councilwoman Pendleton moved to approve the consent calendar;
seconded by Councilman Peters. The consent calendar is:
A . Resolution #71, 1992 - Ute Park Recordation Extension
Request
B . Request for Funds - West Plant Filter Media
C . Resolution #70, 1992 - Housing Offi ce Budget
All in favor, motion carried.
LIQUOR LICENSE TRANSFER - Double Diamond
Greg Jurgensen, owner/manager of the Double Diamond, told the
authority he will continue to operate the club. Ms. Richards asked
if he was aware of previous problems with the club. Jurgensen said
he has met with staff and is aware of these problems.
Peters moved to approve the transfer of the Paradise Club to G. T.
Diamond; seconded by Ms. Pendleton. All in favor, motion carried.
ORDINANCE #74, SERIES OF 1992 - Amending Clean Air Act
Lee Cassin, environmental health department, told Council this
ordinance makes changes in the existing woodburning and restaurant
grills ordinances because they will become state law in January.
Ms. Cassin said one change will combine two sections; another
change is to treat duplexes the same as other buildings in the city
are treated. The third change will repeal the variance provision.
Staff will work with the Clean Air Board and come back with
recommendations to re-enact this provision. Ms. Cassin said there
were 2 applications for variances in 1991 and 6 in 1992. Ms.
Cassin said it will not be a big impact on the public not to have
this section. The fourth change is a $25 fee for fireplace
registra tions to cover staff costs.
Councilwoman Richards asked about the current variance where an
applicant received a variance for 7 new devices. Councilwoman
Richards suggested as an applicant wants more than 3 or 4 devices,
2
Regular Meeting Aspen City Council December 14, 1992
that these cost 4 for 1 reduction in existing units. Councilwoman
Richards recommended the Clean Air Board also look at preferred
areas for replacement, the greatest concentration of dirty burners.
Bob Nelson, environmental health department, pointed out two minor
language changes in the ordinance. One is to tighten up the
definition of charbroiler. Nelson said there have been situations
where restaurants have been closed for a number of years, come back
in with an existing charbroiler and request they be grandfathered.
Nelson said if they are unlicensed and out of business for 6
months or more, restarting the charbroiler constitutes a new
charbroiler.
Nelson told Council on the charbroiler sections, staff has tried to
focus on non-degradation of the PM 10 air quality in the Aspen
metro area. Nelson said the purpose is to maintain existing air
quality and keeping PM 10 from all sources at current levels.
Nelson said the city is not receiving a percentage reduction of
credit for the charbroiling ordinances because Aspen has had an
ordinance on the books since 1983. The existing ordinance has had
a lot of technical problems and interpretation and clarification
issues brought to the attention of staff over the years.
Nelson said the requirement for retrofits should be removed. This
would exempt all existing charbroilers in use as of December 31 and
allow them to be used and replaced with comparable equipment
without consideration of emission controls at all. Nelson said it
is not cost effective nor practical with existing hood and vent
installations to obtain access or maintenance in operations.
Nelson said clamping emissions controls on existing hoods, modifies
building code requirements.
Nelson said another change is to come up with standards for
performance on electrostatic precipitators and other emission
controls. Nelson said a lot of research and work is just starting
in this field. Staff wanted to keep the requirements as flexible
as possible so they can meet new technology. Nelson pointed out,
starting January 1st, only new restaurants will be required
emission controls. Nelson said the fat content of menu items as a
consider ation will be eliminated for new restaurants . Nelson said
staff is willing to let the state decide on restaurant grill
emissions and bring this back after the hearings on January 21st.
Nelson told Council manufacturers claim 90 percent PM 10 control on
restaurant grill emissions. Nelson said this is debatable.
Efficiency drops as the devices are used. Nelson pointed out new
restaurants will have a choice of cooking equipment, or emission
controls. The availability of new devices in the next few years
should give a lot more flexibility.
3
Regular Meeting Aspen City Council December 14, 1992
Mayor Bennett opened the public hearing.
Michael McHugh, president of the restaurant association, said this
situation is confusing and is difficult for the restaurant
association to quantify the problem about charbroilers as well as
the overall PM 10 problem in Aspen. McHugh presented a graph
showing a total of 2184 pounds of PM 10 per day and 188 of that is
listed as restaurant grills. McHugh said these are estimated
figures. In terms of percentages, dust is 86 percent of the
problem. McHugh said there are 5,000 fireplaces in Aspen and 34
charbroilers, 6 of which are being maintained. Restaurant grills
constitute a very small portion of the problem, probably less than
3 percent.
McHugh said this ordinance will impose a cost of $20,000 installa-
tion and $6,000 annually maintenance on restau rants. It will be
difficult for restaurants to cover the costs of maintenance, let
alone installations. McHugh said this ordinance will unreasonably
impact the restaurant owners. McHugh said this requirement may
clean up 30 pounds of pollution or less than 1 percent of the
total.
Howard Gunther, restaurant owner, pointed out restaurant grills
only operate 7 hours a day at most. The amount of pollution put
out by restaurants is negligible compared to dust in town. Gunther
told Council he put in an electrostatic precipitator in his
restaurant in 1985. Gunther told Council his precipitator costs an
average of $500 a week to maintain. There has been a problem
cleaning them and disposing of some phosphates.
Casey Coffman, restaurant owner, said the financial burden on
restaurant owners is unfair when dust is the problem. A small
segment is taking the hit for the entire community. Ms. Coffman
said the city has known for at least 4 years they were in non-
attainment status and nothing has been done towards a solution.
McHugh said Ordinance #12 is the greater of the two evils over
Ordinance #74. McHugh said he opposes the clause that a restaurant
being closed for 6 months will fall into the same category as a new
restaurant. McHugh said the state and EPA are only looking for
maintenance measures. McHugh said there should be no ordinances
except relating to new charbroilers.
Mayor Bennett said the city has had an ordinance in existence since
1983 regarding charbroilers. This ordinance is an amendment which
would only require pollution control devices for new restaurants.
Mayor Bennett stated the city is not bringing this issue up; the
state health department and environmental protection agency are.
4
Regular Meeting Aspen City Council December 14, 1992
Mayor Bennett said the city is letting restaurants off the hook and
substituting an affirmative transportation plan. No existing
restaurants will be affected.
Ms. Cassin told Council this ordinance is because in the state's
plan and the city's PM 10 plan is a requirement that the existing
regulations regarding charbroilers and woodburning be enforced.
Staff's intention was to repeal the burdensome provisions and
problematic areas. Ms. Cassin said charbroilers were put in the
state implementation plan in 1990. Ms. Cassin said the implementa-
tion plan does not have enough pounds to make up somewhere else
what is being gained by the restaurant grills.
Raymond Auger said if 85 percent of the PM 10 is generated by
street dust, there is a means to control that, which is a terra-vac
that sweeps the dust off the street. Auger said this is not used
in Aspen. Auger said as long as there is bare pavement, the terra-
vac should be running.
McHugh said charbroilers can be removed from the plan. The city
will have to substitute pounds from another source to accomplish
their goal. McHugh said the most the charbroilers represent is 30
pounds. It does not make sense for charbroilers to be part of the
plan and there should be no ordinance applying to restaurant grills
until they can address the effectiveness of the measures. Ms.
Cassin said the city has to come up with measures to reduce of 197
pounds of PM 10.
Councilman Peters said the city submitting an alternative plan to
the EPA and state to show the city is interested in the best
quality air and most effective strategies. The city took some risk
in trying to achieve that goal. Councilman Peters said this
ordinance allows people who are doing business in town to continue
doing business in town and it requires some improvement over time.
David Guthrie agreed with the suggestion of sanding the streets
less.
Mayor Bennett closed the public hearing.
Councilwoman Pendleton said she feels it is imperative to get this
plan passed for the January 21st meeting. Amy Margerum, city
manager, told Council staff is not comfortable substituting the 30
pounds from charbroilers with something else. Ms. Cassin said the
state would give the city credit for 80 pounds for requiring
existing restaurants to convert in the state plan.
Ms. Margerum said this has been a frustrating process as the city
does not agree with the technical data in the state implementation
plan. The state has committed to doing studies over this winter to
5
Regular Meeting Aspen City Council December 14, 1992
try and get a better understanding of where the PM 10 contributions
are coming from. The plan may be amended after these studies. Tim
Cottrell, Smuggler Land Office, said the restaurant community has
tried to work with the city and to come up with a solution.
Councilwoman Richards said she favors as much cleaning of the
streets and street sand as possible given the conditions.
Councilwoman Richards said even when the streets are not sanded,
they get dirty from other sources. Councilwoman Richards said her
main interest is clean air and the health of the residents of
Aspen. This issue is the Aspen plan or the EPA plan. Councilwoman
Richards said she favors the Aspen plan. Councilwoman Richards
said restaurants grills affect the visual quality of the air.
Councilwoman Richards suggested standards for different types of
restaurants. Councilwoman Richards said she is interested to see
conclusive evidence on what the contributions are from the
different sources of PM 10. Councilwoman Richards favors passing
this ordinance to meet the state deadline.
Councilwoman Pendleton said amendments to the SIP can be submitted
if better solutions are found or some solutions do not work at all.
Councilwoman Pendleton said she favors passing this ordinance.
Councilman Peters said his goal is to make Aspen's air as clean as
it can be with everyone reasonably contributing to the solution.
Councilman Peters said some of these regulations have been in
effect for 9 years. Councilman Peters said he will approve the 6
month provision for a new restaurant.
Mayor Bennett said one issue is what the city needs to do to get by
the EPA and state-mandated action requirements. The other issue is
cleaning up the air of Aspen. Mayor Bennett said the city has no
choice on the first issue; there will either be a state plan or a
local plan. Mayor Bennett said the state plan is worse on the
restaurant industry than is Aspen's. Aspen's plan includes paid
parking. Mayor Bennett questioned whether either plan will clean
up Aspen's air, which is the goal. Mayor Bennett said he has
reservations about this ordinance; however, the weight of evidence
is to the good. Mayor Bennett urged the restaurant association to
participate in the state hearing January 21, 1993.
Councilman Peters moved to adopt Ordinance #74, Series of 1992, on
second reading as amended; seconded by Councilwoman Pendleton.
Roll call vote; Councilmembers Richards, yes; Pendleton, yes;
Peters, yes; Mayor Bennett, yes. Motion carried.
RESOLUTION #69, SERIES OF 1992 - Adopting Aspen PM 10 Plan
Lee Cassin, environmental health department, requested Council
table this, after public comment, to January 11. This will allow
6
Regular Meeting Aspen City Council December 14, 1992
the transportation implementation committee to meet and further
their plan. Ms. Cassin said the reason to regulate PM 10 is that
research shows it is the number 1 environmental hazard in the
country and people die at levels below those in Aspen. Ms. Cassin
said the process does not fit well with what is happening in the
community. On January 21st the state will adopt a plan, either
Aspen's plan or the EPA plan.
Ms. Cassin pointed out the packet contains a copy of the report
prepared by the consultant hired at the insistence of the EPA to
evaluate the credits assigned to the proposal. There are chart
showing the credits assigned to different control measures under
the state-EPA plan and Aspen's plan. There is also material
documenting that Aspen has the resources to carry out these plans.
The plan Council is being asked to adopt by this resolution is one
they saw in October. This was presented to the state.
Ms. Cassin pointed out the control measures in the plan will not
have to be implemented until December 1993. If Council approves
the plan, they are taking another step toward implementing these
controls rather than specifics of the controls. Ms. Cassin
reiterated the SIP can be amended with other control strategies
that have equivalent PM 10 reductions. Ms. Cassin said certain
strategies will probably work better than others. Ms. Cassin noted
an enhanced street sweeping program is part of this plan as well as
the state plan. Ms. Cassin said minimizing sand and using hard
clean sand is in both the state and Aspen's plan.
Another common element of the plans is a voluntary no burn on high
pollution days. Ms. Cassin told Council this was included as it is
voluntary and not as painful as some other control strategies.
Also there are not enough pounds per day reduction if this is not
included. Ms. Cassin said Aspen needs to buy some time to find out
how well strategies work and what may need to be done further. The
state plan contains the provision that all charbroilers be
controlled. Aspen's plan has several traffic reductions, like
expanded mass transit, cross town shuttle, paid parking, resident
permit parking, and a voluntary no drive program. Ms. Cassin said
staff feels the state implementation plan will not significantly
lower PM 10 and that the local plan will, which addresses the 80
percent of PM 10 that comes from traffic and repeatedly driving
over sand. Ms. Cassin said the local plan balances the controls in
a way that is cost effective and targets the greatest part of the
problem.
Ms. Cassin handed out a chart describing emissions from various
sources in grams per hour. Ms. Cassin reminded Council the
community needs to come up with 197 pounds per day. Aspen does not
get a lot of credit for street sweeping. The proposal is to sweep
7
Regular Meeting Aspen City Council December 14, 1992
all the way to the airport. The community will get 66 pounds per
day credit from the EPA. Ms. Cassin said this is vastly inflated.
Included in this strategy is paid parking and resident permit
parking. There will also be additional buses to meet the demand,
which does not give additional credit because it is needed to meet
the demand.
Ms. Cassin said the reason staff is not recommending taking out
charbroilers is that the 30 pounds of day would have to be
substituted from somewhere else and the community does not have it.
The EPA is also requiring a contingency plan which would automati-
cally go into effect if one of the city's control measures does not
work. The EPA has said they are doubtful Aspen can meet their
required goal. Ms. Cassin said this has to be implemented by
December 1993. The first contingency plan depends on how much
traffic reduction is measured on voluntary no drive days. A
further reduction has to happen by December 1997.
Jack Reid, streets superintendent, told Council in 1989, the city
budgeted for 1200 tons of street sand per year. This was asphalt
coated sand. The city eliminated the asphalt coated sand and has
reduced the amount of sand significantly. Reid told Council the
city is applying liquid de-icer to the sand in the spinner as well
as directly to the streets when the conditions are right. Reid
said the spinner on the sand truck covers two lanes. Reid said
sanding is done at intersections on Main and some shady parts of
Main.
Reid told Council a new sweeper has been purchased, a terra-vac.
It can sweep when the ambient temperature is high enough not to
create freezing in the hose.
Mayor Bennett opened the public hearing.
Raymond Auger said Aspen is surrounded by dirty streets and the
intersections are full of gravel that could be swept up. If the
city has a vacuum machine, it should be used constantly. Reid said
the streets department does not have enough people to run this all
the time. There are freezing problems even when the sun is out.
The Elgin sweeper picks up larger particles, but it is a water use
system. Reid told Council the sweeper gets 24 cubic yards cleaned
from it every 3 days.
Scott MacDonald said the street sweepers are too late after the PM
10 is generated. MacDonald said he would not like to hear street
sweepers going 24 hours a day. MacDonald asked what is the
exposure to PM 10. Ms. Cassin said the federal standard is 150
millionths of a gram in every cubic meter of air. Ms. Cassin said
studies indicate this standard is too lenient and needs to be
8
Regular Meeting Aspen City Council December 14, 1992
lowered to protect public health. Mayor Bennett said Council has
met with the Commissioners and the health department and talked
about whether to just do cosmetic things to satisfy the EPA. The
Council and Commissioners gave firm directions their primary goal
is to increase the air quality in Pitkin County and to reduce
pollution.
David Guthrie said sand trucks seem to inundate the road with sand
which seems unnecessary. Caroline MacDonald said she would like to
make sure the PM 10 level is reduced, no matter how the city does
it. Ms. MacDonald suggested lowering the speed limit on Main
street, which would reduce the amount of dust being kicked up.
Michael McHugh said the community has to support decreasing the
traffic. McHugh suggested an intercept lot at the airport or
Buttermilk with free shuttles into town.
Councilwoman Richards said the city is trying to get CDOT to
acknowledge its responsibility for Highway 82. Councilwoman
Richards noted CDOT was not going to deal with air quality at all
in their EIS for the four-lane and leave it all up to the tax
payers. Councilwoman Richards suggested requiring private parking
lots over a certain size to be swept. Councilwoman Richards said
if the plan does not work, this will all be back on the table.
Councilwoman Richards said Aspen's air quality, ambiance and
viability will depend on reduced traffic and automobile dominance.
Councilwoman Pendleton said there is an implementation group
meeting and anyone is invited to attend and to share ideas.
Councilwoman Pendleton said everyone knows how to cure the parking
problem, as long as it does not affect them. Councilwoman
Pendleton said it will take a shift in attitudes to get this
problem corrected.
Mayor Bennett agreed with the above comments. Councilman Peters
said he is willing to approve this resolution. Councilman Peters
said he feels paid parking downtown will help reduce parking and
dust as will some of the other strategies. Councilman Peters said
this is a serious long term health problem that needs to be dealt
with. Councilwoman Richards said she supports increased sweeping
and more efficient sanding programs.
Councilwoman Pendleton moved to table Resolution #69, Series of
1992, until January 11, 1993; seconded by Councilwoman Richards.
All in favor, motion carried.
ORDINANCE #69, SERIES OF 1992 - 620 E. Hyman Condominiumization
Leslie Lamont, planning office, reminded Council staff is working
on text amendments to deal with the condominiumization legislation.
9
Regular Meeting Aspen City Council December 14, 1992
These amendments should be adopted in April. Ms. Lamont suggested
condominiumization applications be put off until after adoption of
these text amendments. Ms. Lamont said this applicant wishes to
proceed with second reading. Ms. Lamont told Council there are
caveats to applicants in going forward; they could lose their 30
days for judicial review, the text amendments may not be what the
applicant expected.
Sunny Vann, representing the applicant, told Council they would
like to complete the process under existing regulations. This
ordinance states if the code is changed and it is beneficial to the
applicants, they may avail themselves of it. Otherwise, the
existing regulations are acceptable.
Mayor Bennett opened the public hearing. There were no comments.
Mayor Bennett closed the public hearing.
Councilwoman Pendleton moved to adopt Ordinance #69, Series of
1992, on second reading; seconded by Councilwoman Richards.
Councilman Peters said he has questions about the implications of
the condominiumization laws as they relate to subdivision. Jed
Caswall, city attorney, said staff is working on recommendations.
Roll call vote; Councilmembers Peters, yes; Pendleton, yes;
Richards, yes; Mayor Bennett, yes. Motion carried.
Councilwoman Richards moved to suspend the rules and extend the
meeting to 9:30 p.m.; seconded by Councilman Peters. All in favor,
with the exception of Councilwoman Pendleton. Motion carried.
ORDINANCE #78, SERIES of 1992 - 320 W. Main Condominiumization
Kim Johnson, planning office, requested this be tabled to January
11, 1993.
Councilwoman Pendleton moved to table Ordinance #78, Series of
1992, to January 11, 1993; seconded by Councilman Peters. All in
favor, motion carried.
RFTA SUPPLEMENTAL BUDGET - Resolution 92-7
Dan Blankenship, RFTA general manager, reminded Council the IGA
requires whenever the finances vary by 10 percent and $10,000, this
needs to be approved by Council. This request is to increase the
operating budget $203,000 to include higher assessments for
workman's comp and health insurance. Blankenship said there was
bond proceeds to purchase buses of $1,030,000. The bus acquisition
has not occur red. Money in debt service reserve was freed up,
10
Regular Meeting Aspen City Council December 14, 1992
which can be transfer red to the RFTA capital fund. The net revenue
change to the capital budget is $1,728,138 and for the entire
resolution is $1,525,138. Blankenship said revenues in excess of
projections will be used to fund prior year assessments.
Mayor Bennett opened the public hearing. There were no comments.
Mayor Bennett closed the public hearing.
Councilman Peters moved to approve RFTA Resolution 92-7; seconded
by Councilwoman Pendleton. All in favor, motion carried.
ORDINANCE #23, SERIES OF 1992 - Berger Annexation
Councilman Peters moved to read Ordinance #23, Series of 1992;
seconded by Councilwoman Richards. All in favor, motion carried.
ORDINANCE #23
(Series of 1992)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY
TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND
DESIGNAT ED AS THE BERGER ANNEXATION was read by the
city clerk
Kim Johnson, planning office, reminded Council this was continued
from July when Council was just starting the joint transportation
plan with Pitkin County and Snowmass. Council wanted to insure
this annexation would not negatively impact these discussions. Ms.
Johnson recommended approval of the annexation. This property is
surrounded on 3 sides by the city and it would be helpful to be in
control of the gateway to Aspen.
George Robinson, parks director, said he would like to have a
fisherman's easement from the river into Berger's property.
Robinson said this can be worked out by second reading.
Councilman Peters moved to adopt Ordinance #23, Series of 1992, on
first reading and have second reading February 8, 1993; seconded by
Councilwoman Richards.
Councilwoman Pendleton said she will vote against this for the same
reasons as before. Mayor Bennett said the transportation process
Council was in the middle of in July is over; they have come to a
resolution and agreed on a plan.
Roll call vote; Councilmembers Richards, yes; Pendleton, no;
Peters, yes; Mayor Bennett, yes. Motion carried.
11
Regular Meeting Aspen City Council December 14, 1992
ORDINANCE #24, SERIES OF 1992 - Berger Zoning
Councilman Peters moved to read Ordinance #24, Series of 1992;
seconded by Councilwoman Richards. All in favor, motion carried.
ORDINANCE #24
(Series of 1992)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ZONING THE BERGER ANNEXATION PARCEL TO R-15
MODERATE DENSITY RESIDENTIAL was read by the city clerk
Councilman Peters moved to adopt Ordinance #24, Series of 1992, on
first reading; seconded by Councilwoman Richards.
Councilwoman Richards asked if this is an upzoning from current
zoning. Ms. Johnson said it is not.
Roll call vote; Councilmembers Pendleton, no; Richard, yes; Peters,
yes; Mayor Bennett, yes. Motion carried.
RESOLUTION #72, SERIES OF 1992 - Sister Cities Housing Board
Councilman Peters moved to approve Resolution #72, Series of 1992,
appointing Board of Directors to the Sister Cities Housing Board;
seconded by Councilwoman Pendleton. All in favor, motion carried.
BILLINGS PROJECT
Councilman Peters said the issue is whether or not to pay down
$200,000 of the $800,000 note still owed to the Billings in order
to create adequate security for the loan from Shimakapu to build
the affordable housing and to induce the Billings to release the
affordable housing land for sale and keep their note secured by the
free market side only. This makes the security for Shimakapu
commensurate with the amount of the loan and also brings down the
cost of the note where it may be supported by the free market half
of the land.
Jed Caswall, city attorney, told Council Billings will still have
the first deed of trust against the property. Caswall said the
city will now carry this as a loan. Councilman Peters said there
is $480,000 from Shimakapu here now for the project. Mayor Bennett
said the plan is to build and sell the affordable housing units.
Councilman Peters said the free market lots with approvals can then
be marketed. Caswall said the parcel is not subdivided nor is it
eligible for subdivision. Leslie Lamont, planning office, said the
units are condominiumized and the units can be sold individually.
If this went through subdivision, it would create 2 non-conforming
12
Regular Meeting Aspen City Council December 14, 1992
lots of record. This could be two separate homeowners associations
rather than two separate tracts of land.
Amy Margerum, city manager, said the Sister Cities Housing Board
will manage and oversee the contract. The city staff has no
connection with this project. Councilman Peters said this is a
stand alone project being done by a non-profit group. There has
been an attempt to get Board members with expertise in this area.
Mayor Bennett said this project is a private/public partnership.
This should not cost the city any money. Councilman Peters pointed
out the free market section might be developed as further afford-
able housing or resident occupied units. Ms. Lamont reminded
Council this would take a PUD amendment. Councilwoman Richards
said the site could also be traded.
Councilwoman Pendleton moved to adjourn at 9:30 p.m.; seconded by
Councilman Peters. All in favor, motion carried.
Kathryn S. Koch, City Clerk
13
Regular Meeting Aspen City Council December 14, 1992
CITIZEN PARTICIPATION 1
................................ ..........
COUNCILMEMBER COMMENTS 1
................................ .........
CONSENT AGENDA 2
................................ .................
LIQUOR LICENSE TRANSFER - Double Diamond 2
.......................
ORDINANCE #74, SERIES OF 1992 - Amending Clean Air Act 2
.........
RESOLUTION #69, SERIES OF 1992 - Adopting Aspen PM 10 Plan 6
.....
ORDINANCE #69, SERIES OF 1992 - 620 E. Hyman Condominiumi-
zation 9
................................ ....................
ORDINANCE #78, SERIES of 1992 - 320 W. Main Condominiumi zation 10
.
RFTA SUPPLEMENTAL BUDGET - Resolution 92-7 10
.....................
ORDINANCE #23, SERIES OF 1992 - Berger Annexation 11
..............
ORDINANCE #24, SERIES OF 1992 - Berger Zoning 11
..................
RESOLUTION #72, SERIES OF 1992 - Sister Cities Housing Board 12
...
BILLINGS PROJECT 12
................................ ...............
14