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Home My WebLink Aboutminutes.council.20041122Regular Meeting Aspen Ci,ty Council November 22, 2004 CITIZEN PARTICIPATION ...................................................................................... 2 COUNCILMEMBER COMMENTS ........................................................................ 2 CONSENT CALENDAR ............................................................................................ 3 ,, Resolution #122, 2004 - State Rehabilitation Tax Credits ..................................... 3 · Resolution #117, 2004 - Contract Parking Garage Equipment .............................. 3 · Minutes - November 8, 2004 .................................................................................. 3 FIRST READ1NG OF ORDINANCES ................................................................... 3 · Ordinance #38, 2004 - Fees .................................................................................... 3 · Ordinance #41, 2004 Utility Rates ....................................................................... 3 · Ordinance #42, 2004 Supplemental Appropriation ............................................. 3 · Ordinance #43, 2004 - Code Amendment - Historic Benefits .............................. 3 · Ordinance #44, 2004 - De-listing From Historic Inventory 308 and 719 E. Hopkins ........................................................................................................................... 3 · Ordinance #45, 2004 - Aspen Meadows SPA Amendments ................................. 3 RESOLUTION #114, SERIES OF 2004 - Highlands Villas Annexation Compliance With State Statute ................................................................................... 5 RESOLUTION #115, SERIES OF 2004 - Bar/X Annexation .......................... 6 RESOLUTION # 116, SERIES OF 2004 - AMCORD/AVLT Annexation... 8 RESOLUTION #120, SERIES OF 2004 - Burlingame Affordable Housing Conceptual PUD ............................................................................................................. 9 ORDINANCE #35, SERIES OF 2004 - Code Amendment Non-Conforming Structures ........................................................................................................................ 14 ORDINANCE #36, SERIES OF 2004 - Chart House GMQS Allocation.... 16 ORDINANCE #37, SERIES OF 2004 - Aspen Consolidated Sanitation District PUD/Master Plan .......................................................................................... 17 RESOLUTION # 118, SERIES OF 2004 - Adoption of 2005 Budget ........... 2O RESOLUTION #119, SERIES OF 2004 - 2005 Mill Levy ............................. 22 ORDINANCE #39, SERIES OF 2004 - Bar/X Annexation ............................ 22 ORDINANCE #40, SERIES OF 2004 - AMCORD/AVLT Annexation ...... 22 Regular Meeting Aspen City Council November 22~ 2004 Mayor Klanderud called the meeting to order at 5:05 p.m. with Councilmembers Semrau, Torte, Paulson and Richards present. CITIZEN PARTICIPATION 1. Toni Kronberg asked the schedule for reopening the pool, what inspections are planned and by whom. Randy Ready, assistant city manager, said the project still needs to be finalized. Ed Sadler, assistant city manager, said the painting is finished, the scaffolding will come down this week, and the youth center is moving in November 29th. Tim Anderson, recreation director, said when the painting crews are gone, they will bring in vacuums to blow out the air handling units, Adams Environmental Testing will test the air for residual construction dust and make recommendations based on those tests. Ms. Kronberg asked if there is a new chemical system for the pool. Anderson said they will use a tablet system which keeps the water sanitized better and is more cost effective. Ms. Kronberg said she hopes bleachers can be pumhased for the pool. Ms. Kronberg said there should be an operations audit to make sure everything is functioning well within the pool. Ms. Kronberg said it might be time to hire a pool consultant. COUNCILMEMBER COMMENTS 1, Mayor Klanderud wished everyone a Happy Thanksgiving and much success to return of World Cup. 2. Councilwoman Richards reminded everyone about the free concert Saturday night November 27 at Hunter and Hyman. 3. Randy Ready, assistant city manager, announced Chris Bendon is the new community development director. 4. Randy Ready, assistant city manager, announced the city is converting to a new phone system. If people are having trouble contacting city hall, they can call the main number at 920-5000. 5. Councilwoman Richards said she attended the CML policy meeting last week. CML expects some efforts fi.om the state legislature on TABOR and tax policies. Councilwoman Richards noted there is $5 million in the Governor's budget for tourism; however, his budget is $100 million in the red. 2 Regular Meeting Aspen Cit~ Council November 22~ 2004 6. Councilman Torte told Council he attended a Club 20 meeting with Councilwoman Richards and signed up as an alternate. Councilman Torre said Club 20 discussed mostly environmental issues. CONSENTCALENDAR Councilman Torre moved to approve the consent calendar; seconded by Councilman Semrau. The consent calendar is: · Resolution # 122, 2004 - State Rehabilitation Tax Credits · Resolution #117, 2004 - Contract Parking Garage Equipment · Minutes - November 8, 2004 All in favor, motion carried. FIRST READING OF ORDINANCES · Ordinance #38, 2004 - Fees · Ordinance #41, 2004 - Utility Rates Ordinance #42, 2004 - Supplemental Appropriation Ordinance #43, 2004 - Code Amendment - Historic Benefits · Ordinance #44, 2004 - De-listing From Historic Inventory 308 and 719 E. Hopkins · Ordinance #45, 2004 - Aspen Meadows SPA Amendments Councilman Semrau moved to read Ordinances #38, 41, 42, 43, 44 and 45, Series of 2004; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE NO. 38 Series of 2004 Regular Meeting Aspen City Council November 22~ 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMEND1NG THE MUNICIPAL CODE OF THE CITY OF ASPEN TO INCREASE CERTAIN MUNICIPAL FEES ORDINANCE NO. 41 Series of 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO INCREASE CERTAIN WATER AND ELECTRIC SERVICE RATES. ORDINANCE NO. 42 (Series of 2004) AN ORDINANCE APPROPRIATING AN INCREASE IN ASSET MANAGEMENT FUND OF $2,223,268 AN INCREASE IN THE GENERAL FUND EXPENDITURES OF $2,094,347, AN INCREASE IN THE PARKS FUND OF $18,640, A DECREASE IN THE HOUSING DEVELOPMENT FUND OF $1,014,063, AN INCREASE IN THE DEBT SERVICE FUND OD $406,915, AN INCREASE IN THE KIDS FIRST FUND OF $2,040,514, AN DECREASE IN THE PARKS CAPITAL FUND OF $6,541,424, AN INCREASE IN THE CAPITAL PROJECTS FUND OF $1,284,996, AN INCREASE IN THE TRUSCOTT FACILITIES FUND OF $105,360, AN INCREASE IN THE TRUSCOTT HOUSING FUND OF $26,000, AN INCREASE IN THE ELECTRIC FUND OF $360,000, AND AN INCREASE IN THE HEALTH INSURANCE FUND OF $500,000. ORDINANCE NO. 43 (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AMENDMENTS TO SECTIONS 26.415.050 RESCINDING DESIGNATION, 26.415.110 BENEFITS, 26.415.070.B.4 CERTIFICATE OF NO NEGATIVE EFFECT, 26.415.060 EFFECT OF DESIGNATION, 26.420.020 FINANCIAL BENEFITS, AND 26.420.020.C.3 TECHNICAL ASSISTANCE ORDINANCE NO. 44 4 Regular Meeting Aspen City Council November 22, 2004 (Series of 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE REQUEST TO REMOVE 308 E. HOPKINS AVENUE, LOTS M AND N, BLOCK 80, CITY AND TOWNSITE OF ASPEN, AND 719 E. HOPKINS AVENUE, LOTS E AND F, BLOCK 104, CITY AND TOWNSITE OF ASPEN, COLORADO, FROM THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES ORDINANCE NO. 45 (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AN AMENDMENT TO THE ASPEN MEADOWS SPECIALLY PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN INSTITUTE'S GMQS EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY TO ALLOW FOR A PREVIOUSLY APPROVED LODGE BUILDING TO BE CONSTRUCTED AS A CONFERENCE AND MEETING HALL, 845 MEADOWS ROAD, LOT lA OF THE ASPEN MEADOWS SUBDIVISION/SPA, CITY OF ASPEN, PITKIN COUNTY, COLORADO Councilman Torre moved to adopt Ordinances #38, 41, 42, 43, 44 and 45, Series of 2004, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Torte, yes; Semrau, yes; Paulson, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #114~ SERIES OF 2004 - Highlands Villas Annexation Compliance With State Statute Johrl Worcester, city attorney, told Council this and the next two resolutions are resolutions outlining compliance with the state statute annexation act. Worcester reminded Council these annexations, if passed, will go through the ordinance procedure. Worcester pointed out state statute requires proposed annexations show there is a community of interest between the property and the city, and that the land is urban or will be urbanized in the future and that the area is capable of being integrated into the city in the future. Worcester said there is a presumption of community interest with 1/6th contiguity unless 2 of the following 3 things are true: less than 50% of the adult residents in the area make use of part of community facilities; that Regular Meeting Aspen City Council November 22~ 2004 '/2 or more of the land to be annexed is agricultural and the owners of such land under oath express an intention to devote the land to agricultural use. Worcester said in all three proposed resolutions, 100% of the owners have requested annexation so that provision does not have much significance. The provision of the state statute is there for annexations where there is a petition for annexation by less than 100% of the owners. The third provision is that it is not practical to extend to the area urban services, which the annexing municipality supplies to all of its citizens. Worcester showed on a map lot 10 of the Highlands subdivision containing the Highlands Villas. 100% of the homeowners petitioned to have their property annexed. Kathryn Koch, city clerk, reported the publication and mailing of notices is in order. The property has 1/6 contiguity with the city; a community of interest exists and the property is urbanized. Worcester said none of the owners signed an affidavit that they intend to use the property for agriculture. The property can be serviced by city utilities. Worcester noted this is already developed and has utilities and cannot be further subdivided into separate parcels. The annexation of this property will not result in detachment from any school district and the annexation will not extend the city's boundaries more than 3 miles. The annexation would be consistent with the annexation element of the AACP. The city does not intend to deny access to any properties. Mayor Klanderud opened the public hearing. Liz Bokrem, Highlands Villas resident, told Council they have thought this request over very carefully and they would like to become city residents and be involved in the city. Mayor Klandemd closed the public hearing. Councilman Torre moved to approve Resolution # 114, Series of 2004; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #115~ SERIES OF 2004 - Bar/X Annexation John Worcester, city attorney, incorporated his introductory comments from the previous resolution. Kathryn Koch, city clerk, reported the publication and mailing of notices is in order. The property has 1/6th contiguity with the city; a community of interest exists and the property is urbanized. Worcester Regular Meeting Aspen City Council November 22~ 2004 said none of the owners signed an affidavit that they intend to use the property for agriculture. The city recently approved a contract for the installation of utilities. Worcester said the owners of the property have consented in writing to the annexation. There are no other annexation proceedings for this property. The annexation of this property will not result in detachment from any school district and the annexation will not extend the city's boundaries more than 3 miles. The annexation would be consistent with the annexation element of the AACP. The city does not intend to deny reasonable access to any properties. Mayor Klanderud opened the public hearing. Toni Kronberg requested proof of mailing to the county commissioners and the school district. City Clerk Kathryn Koch said she had those receipts. Ms. Kronberg asked if whether an election is required for this annexation. Worcester answered 100% of the owners of the property petitioned for annexation; therefore, that provision of the statute does not apply. Ms. Kronberg said she is concerned with the provision of whether this is capable of being urbanized and whether this is capable of being integrated into the city. Ms. Kronberg entered into the record pictures of the property, which is entirely vacant of any urbanization. Ms. Kronberg said this property has been agricultural. Ms. Kronberg read the definition of agricultural and urban development from the state statutes. Worcester said the state provision requiring ½ or more of the land in the area proposed to be annexed is agricultural is only defeated if the owners of some of the property that is going to be annexed file an affidavit indicating they intend to continue using it for agricultural purposes for a period of 5 years. Worcester said this is important only if there is less than 100% of the owners of the land who petition for annexation. In this case 100% of the property owners signed the annexation petition. Ms. Kronberg asked about the impact report referenced in the state statute. Worcester said the state statute only requires the annexation report be sent to the county, which has been done. The other impact report is one that Council asks staff to prepare for annexation ordinances so Council can review it before annexing the property. Ms. Kronberg asked if the impact report sent to the county is part of the findings in this resolution. Worcester said it is a requirement that that impact report be filed. Mayor Klanderud closed the public hearing. 7 Regular Meeting Aspen City Council November 22, 2004 Councilwoman Richards moved to approve Resolution # 115, Series of 2004; seconded by Councilman Semrau. All in favor, with the exception of Councilman Paulson. Motion carded. RESOLUTION #116~ SERIES OF 2004 - AMCORD/AVLT Annexation John Worcester, city attorney, incorporated his general comments from the first resolution in this discussion. Worcester showed the location of this portion north of the Buflingame. It is also known as parcel 2 of the Park Trust exemption. Kathryn Koch, city clerk, reported the publication and mailing of notices is in order. The property has 1/6th contiguity with the city; a community of interest exists and the property is urbanized. Worcester said none of the owners signed an affidavit that they intend to use the property for agriculture. The city recently approved a contract for the installation of utilities. Worcester said 100% of the owners of the property have consented in writing to the annexation. There are no other annexation proceedings for this property. The annexation of this property will not result in detachment from any school district and the annexation will not extend the city's boundaries more than 3 miles. The annexation would be consistent with the annexation element of the AACP. The city does not intend to deny reasonable access to any properties. Mayor Klanderud opened the public hearing. Toni Kronberg asked if anything will be built on this piece of property. Mayor Klanderud said it is part of the Burlingame affordable housing project. Ms. Kronberg said the same comments she made on the previous resolution apply to this resolution. Ms. Kronberg pointed out the resolutions state the City Council will take into consideration the public comment. Ms. Kronberg said it is apparent the Council has already made up their mind on annexations; they have started roadwork and have approved contracts and the affordable housing design. Councilman Torre disagreed that Council does not take public comment into consideration. Councilman Torre asked if Ms. Kronberg disagrees with the Burlingame project or the annexation process. Ms. Kronberg said the purpose of the annexation is that the city has less stringent land use codes than does the county. Ms. Kronberg said her concern is that this area has been agricultural. How can this property be used for affordable housing 8 Regular Meeting Aspen Ci,ty Council November 22~ 2004 when the AACP talks about open space and keeping development in town. Ms. Kronberg said she does not think this is an appropriate site for affordable housing and the impacts are too great. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to approve Resolution # 116, Series of 2004; seconded by Councilman Semrau. All in favor, with the exception of Councilman Paulson. Motion carried. RESOLUTION #120~ SERIES OF 2004 - Buflingame Affordable Housing Conceptual PUD Randy Ready, assistant city manager, reminded Council approval of the conceptual PUD is the next step in the COWOP process. There are other steps, like approval of the design contract and review of menu items for additions to the housing project. Ready noted in the packet there is a list of menu items related to land use and to the project. Council should review to make sure staffhas captured all Council's points. Ready pointed out language "components of the conceptual PUD plan that are addressed within this resolution shall be confirmed or amended in conjunction with the final approval of each phase. Development features of future phases may be amended by the Aspen City Council by amending this resolution or in conjunction with final approvals for each particular phase". Ready said this language is to allow Council to amend this resolution or to make final determinations at final PUD approval. Joyce Allgaier, community development department, showed the property, Harmony road, which is the access point, the free market component, the open space. The proposed 236 affordable housing units range in category from 2 to 7 including some RO houses. The project is proposed for 3 phases. The first phase is 97 units; second phase 64 units, third phase 47 units in single family, and multi-family and duplex configuration. Ms. Allgaier showed the general lay out with the circular transportation loop through the development, central commons, park areas, and open space in natural states. Ms. Allgaier told Council the COWOP task force team did a great deal of work on this over several years. The proposal is in overall compliance with the recommendations of the COWOP task force team, being a green development, transit and pedestrian oriented, the category and unit mix, the building types and parking ratio. 9 Regular Meeting Aspen City Council November 22~ 2004 Ms. Allgaier said Council identified items they wanted changed or included in the program and these are listed and incorporated into the resolution of approval. Ms. Allgaier stated this application needs conceptual approval; however, it is likely at final approval for the first phase, the conceptual approval will be amended to reflect what has been approved. This may happen at phases 2 and 3. New ideas and new concepts could be applied to the project in the future. Ms. Allgaier noted requested changes to the resolution that the entity be shown as Shaw Builders LLC. Ms. Allgaier said the resolution tries to itemize for the development team what is expected of them in final approval. Ms. Allgaier pointed out the phrase "each of the above submission components shall be reviewed by the applicable referral agencies prior to submitting for final PUD". Leslie Lamont, representing the development team, said the list of bullets applies to every time a phase of this project comes in. Ms. Allgaier said discussions about ADUs, how they will work and where they apply, has not been completed. Ms. Allgaier said the applicability of ADUs needs to be determined by Council. Councilman Torre questioned whether this project lends itself to the ADU program. Councilman Semrau suggested this be referred to the housing board for a recommendation. Mayor Klanderud said she has problems with ADUS, which has been an option for free market in order to contribute to the housing program. Mayor Klanderud said it seems odd to purchase a deed-restricted lot and then have the ability to build an ADU and make an additional profit. Councilman Semrau said this is not currently allowed by housing guidelines. Councilwoman Richards said she would like the housing board consider a category maximum rent on any ADU, if allowed. Councilman Semrau said ADUs would change the density that might not be appropriate. Councilman Torre brought up the live/work units; these units were part of a long house, near the community center. Councilman Torre said he would rather see the larger buildings broken up into smaller buildings. The live/work units seem to push the larger buildings. Councilman Semrau said Council eliminated the live/work units in favor of just residential units and asked if that makes for more units in each building. Steve Holly, designer, said they are studying the number and/or size of the units. The build out of the live/work units were 2 and 3 bedrooms and they would just build to build out. Holly said if these buildings are broken up, that will reduce the open space. Ms. Lamont reminded Council they have a list of menu items from 10 Regular Meeting Aspen City Council November 22, 2004 the last meeting with them that the design team is preparing information for the December meeting. Councilman Semrau said Council directed the team to eliminate the live/work units, use the existing shell and see if more residential units can fit in that footprint. Councilman Torre said he would like to know what the impact of breaking up the larger 9-unit buildings would be. Ms. Lamont said the design team can list the pros and cons of breaking up the buildings. Councilman Semrau said he would prefer to leave the building footprints the way they are because he likes the common open space. Councilwoman Richards said one reason she preferred this design was that there were 13 different buildings and they are broken up and she prefers to stay with the design. Councilman Torre asked about the recycling plan where the bus stations are the recycling and waste stations. Holly said their proposal has 3 bus stations/recycling in phase I. Councilman Semrau said the issue is are they close enough to be effective for the residents and if they are not, add more stations. Councilman Torre said he would like to see a waste management plan for the community to adhere to. Ms. Allgaier suggested the resolution ask the developers to look at effective disincentives for individual solid waste pick up and ways to increase the capture rate of recyclables. Mayor Klanderud said she likes the idea of a bigger athletic field; however, this project will have a negative effect on the air quality and if the athletic field is for general use, there would be even more traffic. Mayor Klanderud questioned waiving the park dedication fees. Ed Sadler, asset manager, said it is because of the open space that is being dedicated to the city. Holly explained what units would be eliminated or moved by making a larger athletic field. Moving to the east would eliminate the through road. Ms. Lamont reiterated the COWOP task force did not want the Burlingame project to create magnets for community use. The services and amenities are to serve the residents. Ms. Lamont said ifa regulation soccer field is created, one then must include parking. Councilwoman Richards said she thought Council's direction was not to go to a regulation soccer field but to make an athletic field one can play Frisbee or pick up softball. Councilman Semrau agreed the designers should look at making the field more useful but not much larger. Councilman Semrau asked if the DRC notes are part of the approval and carry the same weight as conditions. Councilman Semrau asked if installing 11 Regular Meeting Aspen Cit~ Council November 22~ 2004 fire hydrants prior to construction of the units might be too onerous. Ms. Lamont said some of these items are to be looked at in preparation of the final application. If these are too onerous, the developer will work with staff. Councilman Semrau asked why RO lots are paying the park dedication fees when it is waived for everything else. This seems inconsistent. Councilwoman Richards said Council discussed guidelines applicable to RO lots so there would be contiguity with the entire project. Councilwoman Richards said these guidelines should be reviewed at the next meeting. Council has discussed amving at a cap for pricing and resale value. The housing department will make recommendations on these. Ms. Lamont pointed out there are many instances in the resolution that state, "the applicant shall do ..." and it is the understanding of the applicant that this will be discussed with Council before a final decision is made. Ms. Lamont said there needs to be a larger discussion about transportation before any commitments are made. There is also work to be done on the trail alignments. Councilman Semrau said this is conceptual approval to move forward; the contract has not been signed. The final menu items will be agreed upon before the contract is signed. Councilwoman Richards pointed out the language in the resolution, "components of the conceptual PUD plans that are addressed within this resolution shall be confirmed or amended in conjunction with the final approval of each phase". John Worcester, city attorney, said the city will enter into phase I of the design contract. Council has just started on the annexation process, which may be subject to a referendum petition. The annexation would be on hold until after the election in May. These and review of the fi'ee market are intermingled with the contract negotiations. Ms. Lamont noted there is language in the resolution that reflects that this conceptual approval will continue to amend in this process. Ms. Lamont stated the applicants feel there are items in the resolution that lock them in. If Council and staff agree that this can be amended, the applicants also agree. Mayor Klanderud opened the public hearing. Tom McCabe noted Council's intention is to make this a green project. Council should make sure this is not being undermined by changes without hearing what the effect of those changes would be on the environment. McCabe suggested CORE review these changes. McCabe said he loves this project and hopes it continues to fruition. Toni Kronberg noted the vote in 12 Regular Meeting Aspen City Council November 22, 2004 August 2000 said the voters approved this project going through the city's land use code. Ms. Kronberg said Burlingame has gone through the COWOP process as opposed to the land use process. Worcester stated the COWOP process is part of the land use process. The vote taken in 2000 was an advisory vote with no legal consequences. Ms. Kronberg said this project does not support the Aspen Area criteria, one of the main criteria for affordable housing is that it is built within 1/8 of mass transit. Ms. Kronberg said this project would be creating a city and a transportation system to go out to this new city. Ms. Kronberg said the city recently approved the multi- family ordinance stating they want to put all the density within town. This is outside of town. Ms. Kronberg noted the environmental health department comments they are concerned about air quality from this project. Ms. Kronberg questioned how much affordable housing is needed in this community. Ms. Kronberg said the pre-annexation agreement states there will be joint planning between the free market units and affordable housing project. The Zolines have been granted permission to proceed ahead of the affordable housing. Mayor Klanderud noted these will both be on the agenda December 13th. Mayor Klanderud closed the public hearing. Councilman Semrau moved to approve Resolution #120, Series of 2004, as amended; seconded by Councilwoman Richards. Mayor Klanderud said in the last 4 years, an affordable housing study was completed. Mayor Klanderud said although she opposes this project, her commitment is that this be the best project ever done by the city. Mayor Klanderud stated she is concerned by the rate this is being done, that this may be being done too quickly and mistakes could be made. Councilwoman Richards said she feels there is a strong basis to move forward. Councilwoman Richards stated she feels this will be a wonderful place for individuals and families to live. This project is about preserving the economic and social community values of Aspen. Councilman Semrau stated he supports this because the criteria for conceptual approval has been met. Councilman Paulson noted he opposes this project. Roll call vote; Councilmembers Torre, yes; Paulson, no; Richards, yes; Semrau, yes; Mayor Klanderud, no. Motion carried. 13 Regular Meeting Aspen City Council November 22~ 2004 Council agreed to continue the list of design options to December 14th. ORDINANCE #35~ SERIES OF 2004 - Code Amendment Non- Conforming Structures James Lindt, community development department, told Council this code amendment proposes a new TDR system to allow for transfer of allowable FAR in 500 square foot increments from properties that have excess FAR available to properties that have exceeded their allowable FAR but the TDRs would only be allowed for the expansion of ADUs or carriage houses. Lindt told Council staff does not support this code amendment. Staff feels this will take away from the demand side of the historic TDR system recently adopted by Council. Lindt noted this could be accomplished through the historic TDR system with some language changes, which language is presented in the staff memorandum. Council's options are to approve the ordinance as written with the creation of non-historic TDRs, or approve staff's recommended language using historic TDRs, or deny the code amendment. P&Z recommended denial of this code amendment. Gideon Kaufman, representing the applicant, told Council this code amendment would allow for a positive result for employee housing. Kaufman told Council this is about a caretaker unit approved and built. After the caretaker unit was built, there was a code amendment, which made the caretaker unit non-conforming as to FAR and eliminated any flexibility. The caretakers of this particular unit are a couple with two children. Kaufman showed pictures of the freestanding caretaker unit. Kaufman told Council in order to accommodate two bedrooms in the lower level, window wells are required. Installation of window wells changes the FAR. Kaufman said the TDR in this code amendment can only be used in an ADU; it cannot be used to expand a free market house. The staff's recommendation will not work as the existing historic TDR program is not allowed to expand ADUs. Historic TDRs are to be used to increase the size of free market units so the cost of historic TDRs will be higher. The proposed code amendment will help affordable housing in Aspen at no cost to the city. Kaufman told Council there were people here to testify in favor of this code amendment who had to leave before this public hearing. Mayor Klandemd opened the public hearing. 14 Regular Meeting Aspen CiW Council November 22~ 2004 Dwayne Romero urged Council to support this TDR program. Romero said the sales price for historic TDRs would overwhelm this type of program; the historic TDRs are not economically viable for increasing the size of ADUs. Toni Kronberg said this is a creative way to keep families in town. Lynn, asked for the opportunity to make Aspen their home. Mayor Klandemd closed the public hearing. Councilman Semrau asked about selling the ADU to the occupants. Kaufman said then the owner of the property would lose control of their caretaker unit. Kaufman told Council this code amendment will apply to mandatory occupancy ADUs only. Mayor Klanderud said the free market house with the ADU got the full benefit of the code in place at the time. Mayor Klanderud said she feels the historic TDR would solve the problem. Kaufman said it is an economic issue. Mayor Klanderud stated she supports the goal the applicant is trying to achieve. Kaufman reiterated this TDR program is only going to ADUs, not free market houses. Councilwoman Richards the goal of making the basement livable and keeping a family in town is laudable. This is one of the only mandatory ADUs where the owner has not tried to get rid of that condition. Councilwoman Richards said she feels the free market house sizes in Aspen are too large and she would favor ways to use up FAR for free market structures. Councilwoman Richards said she has no problem with this code amendment as long as it is to the benefit of families staying in town. Lindt noted if this is mandatory occupancy only, it would apply to 2 units in the city. Councilman Torte asked if there will be value added to this property by converting a two bedroom ADU to a three bedroom house. Kaufman said this mandatory ADU is right next to the main house and the benefit is having employees close and allowing that family to grow. This would allow community housing. Councilman Torre said the owners of the property will see an increase in the value of their structures. Mayor Klanderud said she supports the goal in this code amendment; however, she is concerned that this is an exception for 2 or 3 properties. Also this code amendment could have broad implications unknown at this time. Mayor Klanderud stated she could support staff's recommendation incorporating the historic TDRs. This would dilute the benefit of historic properties. 15 Regular Meeting Aspen City Council November 22, 2004 Councilwoman Richards moved to adopt Ordinance #35, Series of 2004, amending it allow mandatory occupancy only ADUs to take advantage of either a historic TDR or a transfer of FAR from a free market lot; seconded by Councilman Paulson. Councilwoman Richards said this is a very limited in scope and a subset type of growth in the city's code. This may make more ADUs used and livable in the future. Councilwoman Richards noted the city eliminated mandatory occupancy of ADUs in the code because no one was building these units. Developers preferred payment-in-lieu. Councilwoman Richards stated it is worth rewarding someone who is not asking to get out fi'om their mandatory occupancy ADU. Councilwoman Richards amended her motion to include to the maximum allowable FAR for an ADU or a maximum of 500 fee for a TDR; seconded by Councilman Paulson. Roll call vote; Councilmembers Torre, yes; Paulson, yes; Richards, yes; Semrau, no; Mayor Klanderud, no. Motion carried. ORDINANCE #36, SERIES OF 2004 - Chart House GMQS Allocation James Lindt, community development department, told Council this ordinance grants a growth management allocation to the Chart House for 11 tourist accommodations. The applicants originally took the project to P&Z for growth management scoring before conceptual PUD. P&Z did not give it a passing score because it did not have conceptual PUD approval. After that review, P&Z rescored the application and granted a passing score. Council may accept the score, amend the score or remand it back to P&Z. Lindt noted P&Z acted appropriately and scored this under the land use code. Staffreports there are enough tourist accommodation available. Staff recommends allocating 11 growth management quota contingent upon receiving final PUD approval. Stan Clauson, representing the applicant, reminded Council they granted conceptual approval October 23rd. When P&Z reviewed this, they gave above threshold scores in all categories. Clauson stated this project will go back to P&Z and to Council for final review. 16 Regular Meeting Aspen Ci,ty Council November 22~ 2004 Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Semrau moved to adopt Ordinance #36, Series of 2004, on second reading; seconded by Councilman Torre. Councilwoman Richards stated an affirmative vote on the allocation is not predisposing an affirmative vote on the final project. Councilwoman Richards said she would still like to see what the applicants can do to reduce the overall mass of the building. Councilwoman Richards noted the area where P&Z scored this project the lowest is maintaining design overall, which may relate to people's sense of the building being too large for the neighborhood. Roll call vote; Councilmembers Paulson, no; Richards, yes; Torte, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Semrau. All in favor, with the exception of Councilman Semrau. Motion carried ORDINANCE #37~ SERIES OF 2004 -Aspen Consolidated Sanitation District PUD/Master Plan Chris Lee, community development department, told Council the ACSD is located at 565 North Mill street. In 1997 the San District requested approval for expansion of the property and they were asked by Council to do a master plan for their entire property. Lee said their plan contains ways to take care of the environment in the area and to provide housing for their employees. The San District would like to remodel and expand the existing maintenance facility, 4 existing units above that facility, demolish an existing affordable housing fourplex and construct new affordable housing units. At maximum build out, there will be 21 affordable housing units with 35 bedrooms. These units will be rented to ACSD employees. The applicants propose a 20 year build out. The city will require this be affordable housing in perpetuity. Lee said they have generous setbacks from the river and a great system for dealing with storm water. Bruce Matherly, ACSD, reminded Council the Sanitation District is a special district and a division of local government to handle waste water for the 17 Regular Meeting Aspen City Council November 22~ 2004 Aspen metro area. Matherly noted the ACSD operates as a non-profit organization. Matherly said this site is the old treatment facility, whichwas demolished in the 1980's and currently serves as district headquarters. This site also houses 50% of the employees of the San District. Matherly told Council they rent these units at 75% of the housing guidelines. Their oldest units are 2 studios, 360 square feet, built in 1977. The smallest studio is 326 square feet. The modular fourplex has 2 one-bedroom and 2 two-bedroom units and was built in the early 1980's. Matherly noted past Councils and past P&Zs told the San District to master plan the site rather than get piecemeal approvals. Matherly said one of the major goals is to replace what is there with something more livable. Matherly told Council they have low turnover and have looked at their needs over a 20 year period. Heather Stone, Design Workshop, showed the location and the context to the community, where the existing facilities are located. There are two major sewer lines constraining the property; there are several buried structures, which leaves a smaller area available for development. The second criteria from the San District is to create a community with its own identity for its residents, yet not make them feel like they live above the store. Ms. Stone told Council adequate storage is important to the residents. Ms. Stone said 16 units could fit on this site, part of which will be retained as the residential enclave. There will be covered parking separating the residential area and the service/mechanical area; the covered parking will include storage. The units will be in fourplexes. The existing affordable housing area above the maintenance bays will be expanded 300 square feet. There will be 5 units in this area. Ms. Stone said the access to the San District property will remain the same. The property on which the Rio Grande trail is located is Sanitation District property; there is an license for this trail. The San District worked with the civic master plan to fit their master plan into the larger civic master plan. The desire for a storm water treatment area, which will be on the remaining 25% of the site, was a result of those meetings. This will be a combination dry/wet basin area. All runoff from this site will be treated in these basins to at least a 50 year event. This will provide a separation from the Rio Grande trail and the San District property. That separation currently occurs with a berm and a fence. The applicants propose to remove the berm and the fence and do a stream margin corridor to extend from the riverside to the San District property. Ms. Stone pointed out some views of Aspen mountain from the Rio Grande trail will be blocked by the new construction. 18 Regular Meeting Aspen City Council November 22, 2004 John Cottle, architect, went over the model showing the existing structures, the structures to the south, the trail and the river. Cottle showed proposed additions to existing structures., the new parking structure. The buildings are predominantly flat roofed and they will keep some of the industrial-type architecure using vertical metal siding and horizontal wood. Cottle noted the main living spaces face south and they all have metal glazing, which will provide heating. The south facing roofs can provide collectors to a solar heating system in the basement. Cottle told Council they are also looking at using a solar wall or metal siding for heat. One of these will be used. Cottle noted this is the ultimate live/project work and a model affordable housing project. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Semrau asked if any applicant has ever received vesting for 20 years. Lindt said Council generally grants 3 year vesting with the ability to request a 3 year extension. Councilman Semrau asked about the request to deviate from the residential design standards. Lee said this is a request to be exempt from all residential design standards as part of the PUD. Lindt noted the residential design standards apply to all residential, multi family included. Lindt said it is difficult for multi-family buildings to meet these standards. Cottle said the applicant did not request this. Councilman Semrau said he would like to know which residential design standards the project will not meet. Councilwoman Richards stated before Council votes on this project, they should conduct a site visit, the applicant should put up story poles for that visit. Councilwoman Richards said this is a very sensitive area and this is a lot of development very close to the river. Councilwoman Richards said the development should be scaled back significantly. The proportion of the buildings is out of line. Mayor Klanderud said overall she finds this a favorable project. Mayor Klanderud agreed about a site visit. Councilman Semrau agreed Council should see story poles at the comer of the ridge lines on each fourplex and on top of the existing building. Councilwoman Richards said she likes the work proposed with the habitation restoration. Councilwoman Richards said the proposed amount of affordable housing may be too much for this area. Councilman Semrau said 19 Regular Meeting Aspen City Council November 22, 2004 he would like more information on the recommendation of waiving the park dedication fee. Councilman Semrau said he would like to see the deed restrictions on this housing to see if this policy matches up with other project. Councilman Semrau asked if the paving area needs to be as large as proposed. Councilman Semrau moved to continue this to January 10, 2005; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Mayor Klanderud. Mayor Klanderud and Councilman Torre in favor; Councilmembers Richards and Semrau opposed. Motion NOT carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 10:30 p.m.; seconded by Councilman Torre. All in favor, with the exception of Councilman Semrau. Motion carried. Councilman Paulson left Council Chambers. RESOLUTION #118, SERIES OF 2004- Adoption of 2005 Budget Paul Menter, finance director, presented a budget of expenditures for 2005 of $100,373,904 and revenues of $100,373,904. Menter told Council these figures include changes made through budget wrap up last week. These are based on a 2% increase in revenue collections. The budget contains a 30% one-time increase for health insurance, increases in some payroll ranges, 1% across the board payroll increase - the details of which have not been decided; and an increase in the goals bonus to $1200/year. The services and training budget are increased 1%. Revenues are illustrated by fund and by type. Menter reminded Council there are several decisions still needed; operating reserve at 45 or 60 days by fund; Jazz Aspen's contribution; 2 grants The Right Door and Colorado Big Country; and Red Brick improvements at $600,000. Councilwoman Richards said she would like to discuss the grants for Living Arts and the Dance Connection also. Council agreed on a 60 days operating reserve. Council agreed to fund Jazz Aspen at $25,000. Council agreed to contribution $10,000 to the Right 20 Regular Meeting Aspen City Council November 22~ 2004 Door. Council agreed to wait on the Colorado Big Country until the status of this organization and their work can be determined. Councilwoman Richards requested Phil Overeynder comment on how important the work of this organization is to protect the city's resources. The requested budget for the Red Brick west end improvement is $600,000, the monies to come from an interfund loan from the Wheeler. Mayor Klanderud stated she would prefer to wait until Council has a chance to review with the Wheeler this proposed loan. Council agreed to add this to the 2005 decisions. Councilman Torre asked about a special event work session. Council decided to tie this to the marketing strategy workshop. Councilman Semrau said he would like staff to research special events funding and how to organize that funding. Councilman Semrau said in the ARC business plan, he would like to know the cost of an event floor to cover the ice as well as revenue projections from use of that floor. Mayor Klandemd brought up the cut in the off season transportation and requested that the east end dial-a-ride be increased from 7:45 p.m. to midnight, to be the same as the other city routes. This would be an additional $30,000. Councilwoman Richards noted the cuts are made in the off season and staff can look at ways to fund this $30,000 between now and the next off season. Council requested staff report the ridership and the hours this service is being used. Council agreed that all city routes should end at the same time. Councilman Semrau noted a request from asset management for $40,000 for research. Michael Phillips, budget director, said this expenditure is to pay for studies that Council may assign to them. Councilman Semrau said asset management is subcontracting out to work for other entities and on other projects. Council is being asked for more money to cover city projects. Randy Ready, assistant city manager, said Council will control this money when they direct the asset management department to take on appraisals or housing studies. Menter said this is not an increase in pay. Councilman Semrau said this is a $40,000 supplemental request to the budget of asset management. Menter said this is a specific allocation of requested appropriation authority for undetermined AMP analysis to be requested by Council. Councilman Semrau asked why this is a supplemental and not a reallocation of the existing budget. Mayor Klanderud asked if this changes the 2005 budget. Menter said the $40,000 is contained in the housing budget for 2005. Council agreed to add this to the list of 2005 discussions items 21 Regular Meeting Aspen City Council November 22, 2004 and see the details of this request. Ready suggested the alternative is as Council directs work to AMP, they approve a supplemental to cover that. Council said they would prefer it done this way. Councilman Torre moved to suspend the roles and extend the meeting to 11 p.m.; seconded by Mayor Klandemd. All in favor, with the exception of Councilman Semrau. Motion carried. Mayor Klandemd opened the public hearing. Toni Kronberg asked if the budget contains money to fix the parking garage roof. Menter said no. Ms. Kronberg said there is $18 million in the parks and open space budget to purchase land and how is that appropriated. Menter said this would be funded through a bond issue to be repaid through the ¥2 cent sales tax. Ms. Kronberg asked how citizens would get purchase of proposed open space before Council. Council said this should go before the open space committee. Ms. Kronberg asked if the housing development fund applies to other project besides Burlingame. Menter said it will fund finish up work on Burlingame Parcel D and the Gluck project. The rest is reserve for acquisitions. Ms. Kronberg said she would like to see seats for the swimming pool funded out of the general fund surplus. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Resolution #118, Series of 2004, adopting the 2005 budget as amended; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #119~ SERIES OF 2004 - 2005 Mill Levy Mayor Klandemd opened the public hearing. There were no comments. Mayor Klanderud closed the public hear/ng. Councilwoman Richards moved to approve Resolution # 119, Series of 2004; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #39, SERIES OF 2004 - Bar/X Annexation ORDINANCE #40~ SERIES OF 2004 - AMCORD/AVLT Annexation 22 Regular Meeting Aspen City Council November 22, 2004 Councilman Torre moved to read Ordinances #39 and 40, series of 2004; seconded by Councilman Semrau. All in favor, motion carded. ORDINANCE NO. 39 (Series of 2004) 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 DESIGNATED AS THE "BAR/X RANCH" ANNEXATION. ORDINANCE NO. 40 (Series of 2004) 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 DESIGNATED AS THE "AMCORD/AVLT PARCEL" ANNEXATION. Councilman Torre moved to adopt Ordinances #39 and 40, Series of 2004, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Torre, yes; Semrau, yes; Mayor Klan&md, yes. Motion earned. Councilwoman Richards moved to continue Resolution # 121, Series of 2004, to November 30, 2004; seconded by Councilman Torre. All in favor, motion carded. Councilman Torre moved to adjourn at 11 p.m.; seconded by Councilman Semrau. All in favor, motion carried. Kath~,n S. Kc(ch, City Clerk 23