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HomeMy WebLinkAboutminutes.council.19940808Regular Meeting Aspen City Council August 8, 1994 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Paulson, Richards, Reno and Waggaman present. OUTSTANDING EMPLOYEE BONUS AWARDS Amy Margerum, city manager, told Council Loren Ryerson, Beth Ufkes, George Kremer, Vicki Nall and Sandy Brownlee, police department; Richard Goode and Jinx Caparella, electric department; and Randy Ready, parking and transportation and Tom Stephenson, police department all have been nominated for outstanding employee bonus awards. Mayor Bennett and Council presented the employees with a plaque and a check. CITIZEN COMMENTS 1. Andrew Saltonstall, president of the Aspen Rugby Club, told Council the Club has just qualified to go to the National Finals. Saltonstall requested $1,000 from the city to help defray travel- ling expenses. Saltonstall told Council only 8 out of 1600 teams get to go to the Nationals. Councilwoman Richards said she supports this grant as the Rugby Club does a lot of volunteer work for the community and also they never come in for money during budget time. Councilman Reno moved to support the Aspen Rugby Club with $1,000 out of contingency fund; seconded by Councilwoman Richards. All in favor, motion carried. 2. John Doremus, representing the seller of the property at the corner of King and Gibson streets, told Council this is caught up in the monster home legislation. Doremus said he feels they have been treated unfairly; the contract will expire because of this and innocent people are getting harmed by the process. Doremus told Council they cannot even get scheduled on an HPC agenda. Amy Amidon, planning office, said this is still scheduled for HPC; the issue is whether they want to go through HPC and then go through the special review committee. Leslie Lamont, planning office, said this proposed structure will have to go through special review because it is larger than 80 percent of allowable floor area. Councilwoman Waggaman said she would like to suspend the P & Z resolution until the review board is set up. This would put pressure on Council to get this done quickly. Mayor Bennett said although he is willing to consider this suggestion, it is not on the agenda and will be a lengthy discussion. Mac Cunningham said he feels the HPC review required for this site will be more than sufficient to take care of the city's concerns. Councilwoman Richards said she is not willing to overturn P & Z's resolution. Councilwoman Richards suggested the project continue through to HPC 1 Regular Meeting Aspen City Council August 8, 1994 and wait to see what happens at the next Council meeting. 3. Doug Allen said he has been working on plans for a house that required homeowners association approval. The homeowners approval was not received until June. Allen said his proposed structure is 4 feet under the height limitation. It is 92 percent FAR because the FAR on larger lots is less. Mayor Bennett suggested mitigating factors for pending building applications might be either approval of neighborhood homeowners associations or of HPC. This may take care of some hardship cases. 4. Mac Cunningham, 521 North 7th, told Council he has been serving on the west end traffic mitigation committee. Cunningham told Council there is major lack of enforcement of stop signs in the west end. Cunningham said since the HOV lane, people speed through the west end and disregard stop signs. It is becoming very dangerous. Cunningham said the police department has said they do not have the staff nor the money to enforce stop signs in the west end. Tom Stephenson, police chief, said the police department is enforcing stop signs in the west end; however, this is periodic not constant. Stephenson noted it is during the HOV times when most offenses are occurring and there are 8 employees running the HOV during this time and trying to stop the HOV scofflaws. Stephenson said this is symptomatic of increased traffic all over Aspen. Councilwoman Richards said the problem needs to be addressed in the long term and Council should look at the realistic staff levels for the police department. Amy Margerum, city manager, reminded Council staff was added to the police department this year. Ms. Margerum said all factors, like amendment 1 and a bad revenue year, need to be looked at together. COUNCILMEMBER COMMENTS 1. Councilman Reno requested VI(e) Ordinance #38, 1994, Snyder Property Purchase, be removed from the consent calendar so that it can be voted on separately. 2. Councilwoman Richards reminded citizens that the final transportation offers are in this week. Citizens can view them and the decision makers will be discussing which type of transportation system to chose. There is a decision makers meeting Thursday, August 11 at 4:30 p.mn. Aspen City Council chambers. 3. Councilwoman Richards requested Resolution #64, Ski Museum Lease, be taken off the consent calendar. 4. Amy Margerum, city manager, requested work sessions on the ballot language, 1995 budget guidelines, and an executive session 2 Regular Meeting Aspen City Council August 8, 1994 on property acquisition for trails. Council scheduled the executive session for 5 p.m. August 15th and a work session on the ballot language after that. The 1995 budget guidelines work session was scheduled for September 6 at 5 p.m. 5. Amy Margerum, city manager, requested Council add to the consent agenda Resolution #65, 1994, approving a contract with to do the retaining wall at the city shop. This is under the existing budget for the shop. Councilwoman Richards moved to add Resolution #65, Series of 1994, approving a contract with Aspen Earthmoving, to the consent calendar; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to read Ordinances #36 and #37, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #36 (Series of 1994) AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY ADDING SECTION 2-39 TO ESTABLISH RIO GRANDE PARKING PLAZA FEES, TO ESTABLISH COMMERCIAL CORE PAY PARKING FEES, AND TO ESTABLISH RESIDENTIAL PERMIT PARKING PROGRAM AND OTHER PARKING FEES was read by the city clerk ORDINANCE #37 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 834 W. HALLAM STREET, LOTS K AND L, BLOCK 10, HALLAM'S ADDITION, CITY OF ASPEN, AS "H" HISTORIC LANDMARK PURSUANT TO SECTION 24-7-703 OF THE MUNICIPAL CODE was read by the city clerk Councilwoman Waggaman moved to adopt the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: A . Minutes - June 27; July 26, 1994 B . Ordinance #36, 1994 - Parking Fee Structure C . Ordinance #37, 1994 - 834 West Hallam Historic Designa- tion D . Permission to Submit Land Use Application - Trolley E. Resolution #65, 1994 - Contract City Shop Retaining Wall Roll call vote; Councilmembers Waggaman, yes; Reno, yes; Paulson, 3 Regular Meeting Aspen City Council August 8, 1994 yes; Richards, yes; Mayor Bennett, yes. Motion carried. 4 Regular Meeting Aspen City Council August 8, 1994 ORDINANCE #38, SERIES OF 1994 - Snyder Property Purchase Councilwoman Richards moved to read Ordinance #38, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #38 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ACQUISITION BY THE CITY OF ASPEN OF THAT CERTAIN PROPERTY WITH A MAILING ADDRESS OF 210 MIDLAND AVENUE IN THE CITY OF ASPEN (COMMONLY KNOWN AS THE SNYDER PROPERTY AS MORE FULLY DESCRIBED HEREIN), AND TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF ASPEN SUCH DOCUMENTS AS ARE NECESSARY TO CONSUMMATE THE ACQUISITION was read by the city clerk Councilman Paulson moved to adopt Ordinance #38, Series of 1994, on first reading; seconded by Mayor Bennett. Councilman Reno said he is against purchasing this property because it is too much money for the number of units. Councilman Reno said he feels there are better ways to spend the city's money, like buying down existing units. Councilman Reno said there are also too many "ifs" in this proposal. Councilwoman Richards said she is voting against this only because of the process to reach this point. Councilwoman Richards said if project ends up with too high a subsidy, Council should consider 3 free market lots on the back of the property. Councilwoman Waggaman said she will support the purchase if the city can get a firm answer from the open space board on how much money they will commit to the project. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, no; Reno, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #64, SERIES OF 1994 - Ski Museum Lease Councilwoman Richards pointed out that the language on page 11 (b)(ii) about right to purchase the museum building may be in conflict with amendment 1. This and the city's charter would require an election, which can only be held at certain time of the year. Councilman Reno suggested this could be worked out with the applicant's and city's attorney. Councilwoman Richards moved to adopt Resolution #64, Series of 1994, subject to the city attorney's office working with the applicant to amend the language of (b)(ii) on page 11 to reflect 5 Regular Meeting Aspen City Council August 8, 1994 the need to comply with amendment 1; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #33, SERIES OF 1994 - 132 W. Main Historic Designation Amy Amidon, planning office, told Council this is the Asia building on Main street. Two historic building have been attached. Ms. Amidon recommended approval of this ordinance pointed out it meets 3 standards of the criteria for designation. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #33, Series of 1994, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Reno, yes; Paulson, yes; Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #34, SERIES OF 1994 - Poppies Bistro Cafe Rezoning, GMQS Exemption, Vested Rights Councilwoman Waggaman moved to continue Ordinance #34, Series of 1994; until September 12; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #39, SERIES OF 1994 - 409 E. Hopkins GMQS Extension Councilman Reno moved to read Ordinance #39, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #39 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIXTY DAY EXTENSION OF THE 1990 COMMERCIAL GMQS ALLOTMENT GRANTED BY RESOLUTION 90-58 AND RESOLUTION 90-61, FOR THE 409 EAST HOPKINS COMMERCIAL DEVELOPMENT, 409 EAST HOPKINS AVENUE, ASPEN, COLORADO was read by the city clerk Tom Smith, representing the applicant, reminded Council this project was granted a 6 month extension last fall. Smith said since then the applicant has dealt with GMQS conditions and HPC conditions, design drawings, construction estimates. The building permit application was submitted in May and the applicants thought that time period would be sufficient. The building permit application has zoning, water, and environmental health approvals. Smith told Council they have paid $900,000 employee housing payment-in-lieu and $500,000 other impact fees. Smith requested a 6 Regular Meeting Aspen City Council August 8, 1994 90 day extension to make absolutely sure there is enough time to get the project through building permit stage. Councilwoman Waggaman moved to adopt Ordinance #39, Series of 1994, on first reading extending the GMQS allotment 90 days to October 22, 1994; seconded by Councilwoman Richards. Councilman Reno said he feels 8 weeks to get a building permit is unacceptable. Leslie Lamont, planning office, said the zoning enforcement officer was out 2 weeks due to an accident and 2 major affordable housing projects received plan review priority. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Waggaman, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #40, SERIES OF 1994 - Zoline Annexation Councilwoman Richards moved to read Ordinance #40, Series of 1994; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #40 (Series of 1994) 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 HI GHWAY 82 CITY ZOLINE OPEN SPACE ANNEXATION was read by the city clerk Dave Bellack, assistant city attorney, told Council all require- ments have been completed for this annexation. The city has not received any negative comments. Mayor Bennett said he would like the cost benefit analysis by second reading. Councilwoman Richards moved to adopt Ordinance #40, Series of 1994, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Paulson, yes; Reno, yes; Mayor Bennett, yes. Motion carried. BILLINGS PLACE AFFORDABLE HOUSING PRICE AND ELIGIBILITY Dave Myler, housing board, said the issue is in what category to sell the 6 employee deed restricted units and whether to add Alexander Bergman to the priority list. Myler submitted to Council a sketch of the previous tenants indicating 6 out of the 11 would definitely buy a unit if they could; it would be 12 counting Bergman. Myler said several individuals have incomes below the category 2 income guidelines; however, the people have indicated they are willing to pay a category 2 price. This will have an 7 Regular Meeting Aspen City Council August 8, 1994 impact on the amount of subsidy necessary. Myler suggested the city retain a repurchase option when the first purchasers move on. The city can sell the units at a higher category and recoup the funds to be used for the housing program at that time. Myler said recent conversations indicate Bergman should be in the eligibility category. Myler said Sheila DeVore is in the position to buy a unit at a category 1 price. It has been suggested Ms. DeVore could rent the unit and qualify for HUD rent vouchers. The Housing office and Sister City Inc. have indicated a willingness to help out Ms. DeVore. Councilwoman Richards moved to sell the units at the price structure of category 2 recommended by Sister City Inc. and to offer Sheila DeVore renting at the category 2 income or buying at the category 1 income with repurchase option and adding Alexander Bergman at the end of the wait list; after the first set of sales there will not be a continuing wait list for any resales of these units; seconded by Councilman Paulson. Mayor Bennett said he has not taken part of the discussions of the Billings property; one was the specific discussion of Karinjo and Nicholas DeVore and the other was because he is on the board of Sister City Housing, Inc. Mayor Bennett said he has not been active in Sister City Housing Inc. discussions. Also, Council members serve on many outside boards, like Arts Council, RFTA, Housing. Mayor Bennett said he does not feel any of this is a conflict of interest. Councilman Reno said he is not in support of this for various reasons. One is this project was supposed to be at no subsidy to the city at all. The 3 free market units were to offset the cost of this housing. The subsidy is now at $234,000. Councilman Reno said the city needs to put their money to the best use; however, this is over and above the quality needed. The quality of materials for this project is inappropriate. Councilwoman Richards pointed out it is cheaper to put in cheap material at the begin- ning; however, even with higher quality material, this is a lower subsidy per bedroom than any project produced so far. Councilwoman Richards said these are some of the only category 2 units that have been produced in awhile. Councilwoman Waggaman asked about reselling these at category 3. These are high quality units and it might be appropriate to raise them for resale. This would decrease the subsidy. Councilwoman Richards said it is difficult to produce category 2 units. Myler said the housing office is looking at buy downs which may be a way to get category 2 units into the inventory. Myler said there are 2 two-bedrooms at 766 square feet, which is lower than the minimum 8 Regular Meeting Aspen City Council August 8, 1994 requirement and 2 two-bedroom units at 863 square feet. Councilwoman Richards moved to amend the motion to originally sell the units at category 2 and work out a repurchase arrangement that the 863 square feet when they naturally go on the resale market to be able to split the difference in appreciation and resell them at category 3 prices; seconded by Councilwoman Waggaman. Myler said the housing office will purchase the unit from the owner at maximum resale price then change the deed restriction to category 3 and sell it at category 3 price. The extra money will go back into the housing fund. All in favor, motion carried. All in favor of the main motion, with the exception of Councilman Reno. Motion carried. Myler told Council these units may qualify under FreddiMac for 95 percent loans. Councilwoman Richards said she would like the units be offered on the priority list at category 2 prices, the smaller units first. If there are not enough people on the priority list to buy all the units, the two larger units should be sold at category 3 prices. Myler said he can determine in the next two weeks whether all 6 units will be sold to people on the priority list. Myler said if there is a possibility to take one of the larger units and sell it for category 3, the housing office will do that. REQUEST FOR FUNDS - Planning for city-owned housing Amy Margerum, city manager, requested $30,000 from general fund balance to do site planning and preliminary plans for housing on city-owned property at the water plant. Ms. Margerum said there are 3 sites that would have very low impact. These would be single family type housing for management and emergency response employ- ees. The employees that are interested would do the financing and construction of their units so that the city would not incur any costs other than planning and the land. Ms. Margerum said this will be bid out and the contract will be brought back to Council for approval. Councilman Reno moved to approve the request for funds for financing employee housing and to appropriate $30,000 from general fund balance; seconded by Councilwoman Richards. All in favor, motion carried. Councilwoman Waggaman moved to go into an executive session to 9 Regular Meeting Aspen City Council August 8, 1994 discuss negotiations regarding the partnership for the Superblock and real property acquisition; seconded by Councilman Reno. All in favor, with the exception of Councilmembers Richards and Paulson. Councilwoman Richards moved to continue the regular meeting to August 11 at 4:30 p.m. to discuss Aspen to Snowmass transportation program; seconded by Councilman Reno. All in favor, motion carried. Council went into executive session at 7:20 p.m. and came out of executive session at 7:50 p.m. to go into a work session. Kathryn S. Koch, City Clerk 10 Regular Meeting Aspen City Council August 8, 1994 OUTSTANDING EMPLOYEE BONUS AWARDS 1 .............................. CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 2 ................................ ......... ORDINANCE #38, SERIES OF 1994 - Snyder Property Purchase 4 ....... RESOLUTION #64, SERIES OF 1994 - Ski Museum Lease 4 .............. ORDINANCE #33, SERIES OF 1994 - 132 W. Main Historic Designa- tion 5 ................................ ...................... ORDINANCE #34, SERIES OF 1994 - Poppies Bistro Cafe Rezoning, GMQS Exemption, Vested Rights 5 ............................. ORDINANCE #39, SERIES OF 1994 - 409 E. Hopkins GMQS Exten sion 5 .. ORDINANCE #40, SERIES OF 1994 - Zoline Annexation 6 .............. BILLINGS PLACE AFFORDABLE HOUSING PRICE AND ELIGIBILITY 6 ........ REQUEST FOR FUNDS - Planning for city-owned housing 8 ............ 11