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HomeMy WebLinkAboutminutes.council.19810824 Regular Meeting Aspen City Council August 24, 198] JOINT MEETING WITH COUNTY COMMISSIONERS 1. Planning Office Contract. Planning Director Sunny Vann told the Boards this contract has existed for years and is usually reviewed and renewed at budget time. Vann said originally the contract called for a 50/50 time split between city and county, In the beginning this approach worked well; however, with increasing case load, this has become difficult to administrate. The planning office recognizes crises arise which require adjustments in the priorities. The planning office will be reorganized into an administra. tive section; the case load and public inquiry; and planning and implementation section. The benefit to this plan will be to free up individuals' time to address the planning functions full time.. Vann told the Boards it is extremely difficult to respons to increasing public inquiries, development applications and still maintain sufficient blocks of time to do planning functions. Vann recommended a direct billing process based on the actual services rendered to each jurisdiction plus an allocation of the office overhead. The fees would be increased to cover certain aspects of a program. There would be more opportunity for the Council and Commissioners to decide which activities are most important. This wi~ll provide a mechanism of dealing with the public and to insure that the planning office is not constantly jumping from project to project. Vann said there are often extreme pressures on the planning office to shift the priorities around. Vann said there should be a way to advise the Board of the limitations of their decisions and how they effect the jurisdiction. Commissioner Madsen said it is important for the county to get planning services when they nedd planning and the same for the city. Perhaps this is an indication that working together all the time doesn't always work. Commissioner Kinsley moved to accept the proposal by the planning office; seconded by All in favor, motion carried. COUNCIL MEETING MINUTES Councilwoman Michael moved to adopt the minutes of April 17 and 27, 1981; seconded by Councilman Knecht. All in favor, motion carried. 1. Jere Rood asked Council if they were going to do anything about the Job Service Center.ii Rood said there is a group who is willing to volunteer for the Job Service. All they need is space. Rood requested the space in the Wheeler used by Ballet West. Councilman Knecht moved to allow them to use that space as Aspen Job Se~rvices up until September 13; seconded by Councilman Collins. All in favor, motion carried. 2. Jon Busch, manager of the Wheeler Opera House, asked if the support for a cinema program in the Wheeler is still with Council. Busch told Council that the National Film Preserve is still willing to discuss building a combination cinema-recital hall in the Wheeler as part of the overall complex. Mayor Edel said he felt that type of facility should be in the Wheeler. 3. Jon Busch quoted from the Sunday August 23rd Denver Post an article headlined, "Aspen Dream now Nightmare Tale, Streetcar Named Undesire. In this article the Mayor is quoted as saying, "The truth is that nobody wants the damn thing. I think it's ridiculous, the whole venture is absurd. ~'m opposed to that". Busch said he felt the Mayor has over- stepped his authority. Busch said the west end homowners are considering trolleys. The City P & Z recommended that trolleys be examined to serve Little Annie. Busch said the community should be consulted on this issue and this should go to the voters. 3146 Regular. ~ee~ing Aspen City Council August 24, 1981 4. Carolyn Doty told Council she is concerned about the garbage problem in Aspen. Ms. Doty said she had never seen a town that is so messy and full of garbage. Mayor Edel said this might be right; however, he has at home about 50 letters from people who spent time here this summer saying the antithesis of what Ms. Doty is saying. Tom Dunlop told Counci the streets department could increase the freguency of going through the alleys. Mayor Edel requested the staff to get back to Council with some solution. 5. Judy Royer asked Council what the plans axe for the renovation of the Wheeler. Mayor Edel said Council is meeting next week to further define what will be done. The Wheeler will be shut down September 15th for renovation, Essentially the third floor will be a theatre, the second floor will be a lobby, there will be dressing rooms and toilet facili' The first floor will be information and commcercial. The City does not yet have a definitive financial package. Ms. Royer asked if there would be restaurant facilities. Mayor Edel said that has not been defined yet. The city is trying to make the Wheeler fit and ready to go. Ms. Royer said the Wheeler Commission was told there would be a restaurant. Mayor Edel said that is one of the Options. Another option is to make the entire Wheeler commercial. This will be decided later. COUNCILMEMBER COMMENTS 1. Councilman Knecht brought up the trash along the highway and suggested that city employees and parks department employees, on a volunteer basis, clean up the area along the highway from Maroon Creek bridge into town. Councilman Knecht suggested this be done on a regular basis and as a budget item. This is the entrance to town. Council agreed to have this done on a Friday afternoon by city employees who volunteer. 2. Councilman Knecht said the Chamber and municipal court would like to see the meter maids reinstalled this off season. They feel it is very important to do this. Councilman Knecht suggested that the tow trucks give notices like, "Thanks for being a visitor in Aspen, we have a problem with the vehicle being located in a no parking zone". Other cities have done this very successfully. Police Chief Rob McClung told Council they do give warnings prior to towing. Unfortunately, the ones that they cannot warn are the ones in truck loading zones, blocking alleys, or Obstructing traffic. McClung told Council that the meter maids will be reinstalled on September 1st. 3. Councilwoman Michael reported she had met with staff members on the idea of providing a take home service, particularly women in the Silver King area. The staff agreed to provide only one trip from city hall at 1:00 a.m. or 1:30 a.m. specifically for women who feel they need this service. The police department is looking into a van and a tow truck driver for this service. Police Chief McClung said there is a problem in scheduling the vans because they are taken out of town often. The police department does provide rides home to people Who are destitute or women with a particular problem. The police department does not want to run a taxi service. McClung said the police department provide rides on a callup basis; they do not want to provide rides to the same people every night. The Council requested staff to keep working on this. 4. Councilwoman Michael brought up the main street safety committee. Councilwoman Michael said Council voted on two things, both of which were defeated; the no right turn on red; and four-way stop' so that at some time all cars stop. Councilwoman Michael said she has discovered that both of these items will be instituted when the lights are installed. City Manager Chapman told Council these two features are interlocked. Two new lights will be installed on Main at Galena and at Monarch. City Engineer Dan McArthur told Council when the lights are installed there will be a progression; there will be a pedestrian cycle. The lights do not necessarily have to have no right turn on red. McArthur said the lights will be installed before the ski season. McClung recommended to Council to go with blocking all traffic and allow the pedestrians to go all at once. Councilwoman Michael moved to put the Main street light system on the agenda; seconded by Councilman Parry. All in favor, motion carried. Councilwoman Michael moved to put the 1980 budget corrections on the agenda; seconded by Councilman Parry. All in favor, motion carried. Councilwoman Michael moved to put on the agenda the special event permit for the Council for the arts; seconded by Councilman Parry. All in favor, motion carried. Mayor Edel told Council that the city was solicited by Data General to do a commercial here. Mayor Edel said after negotiations, he is happy with the commercial. The city of Aspen uses Data General commercial; they are shooting commercials around the world where their equipment is used. Lois Butterbaugh will be the star of the commercial as she is the person who recommended Aspen go with Data General. Mayor Edel read the storyboard to Council. Mayor Edel said he felt the commercial will be beneficial. Mayor Edel told Council he is trying to get a contribution from Data General to the city. Any revenues to ~s. Butterbaugh will be turned over to the city. City Manager Chapman said that Data General will pay any expenses the city may have. Any residuals will go to the city. NWCCOG WATER CONSERVATION PROGRAM Susan , from the Council of Governments, requested the city's participation in a water conservation program. COG has been installing three types of water saving devices in people's home and saving them up to 22,000 gallons of water a year. These dvices are flow control shower head, faucet aerator and dam. A crew makes sure that the devices are adequately installed. Susan asked that the Council pay for the deviCes to be installed. The price of these devices are $15.80 to do a one bathroom house. This program is handled with sample brochures passed out with Aspen Sanitation and water depart- ment bills. ~{ayor Edel asked if COG has tried to ask for a fee from the homeowner. Susan told Council they have found this program works best for these devices to be handed out free. These devices can be paid off in water savings in six months. Councilman Collins moved to approve the expenditure of up to $10,000 to buy water devices;I seconded by CouncilWoman Michael. All in favor, motion carried. ORDINANCE #50, SERIES OF 1981 - Moratorium in R/MF Zone Mayor Edel opened the public hearing. City Attorney Taddune recommended two changes to the ordinance on second reading. One is the inclusion of a special review for thos applicants presently in the process. The second is the taking out of the language any referent to any restriction on the subdivision building during the time frame of the ordinance. Sunny Vann told Council the special reveiw process recognizes there are several projects that are already in the review process. Vann told Council the city has addopted a series of area and bulk controls to address multi-family structures in multi-family zones distric ~s. It has become more attractiVe for an indiVidual to construct a duplex, utilizing the more liberal bulk requirements and exempt from growth management, as opposed to competing with the GMP for multi-family structures. Vann suggested to Council a special review of those projects caught up in the process, reviewing the multi'family projects in the context of the existing area and bulk requirements for those type of multi-family zones. Any duplex or single family can be revied in the context of anticipated changes for single family or duplex structures. Vann said the purpose of the moratorium is to evaluate what the area and bulk requirements for residential zones districts will be. City Attorney Taddune said the project that has created the most alarm has agreed to substantially reduce the bulk of the building, in their application for special review. As part of the compromise, is that the City Council will conduct a special review in a very short time. Council scheduled their special review for Friday, August 28. Mayor Edel closed the public hearing. Councilwoman Michael moved to read Ordinance #50, Series of 1981; seconded by Councilman Parry All in favor, motion carried. ORDINANCE ~50 (Series of 1981) AN ORDINANCE I~POSINGA THREE MONTH TEMPORARY MORATROIUM ON THE CONSTRUCTION AND/OR EXPANSION OF ALL BUILDINGS WITHIN THE R/MF ZONE DISTRICT WITHIN THE CITY OF ASPEN, COLORADO was read by Deputy City Clerk Beall Councilwoman Michael moved to adopt Ordinance 950, Series of 1981, as amended on second reading; seconded by Councilman Parry. Roll call vote; Knecht, aye; Michael, aye; Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. Council scheduled the special review meeting at 11:30 a.m. on August 28, 1981. At 1:00 Council will have a Rio Grande discussion ORDINANCE ~38, SERIES OF 1981 - Ute City Place Rezoning to REO City Attorney Taddune told Council this item and the next item, SUBDIVISION EXCEPTION of 1015 East Hyman are part of the projects caught up in the moratorium. Mayor Edel opened the public hearing on Ordinance #38, Series of 1981, and Subdivision Exception of 1015 East Hyman. These items are continued to the meeting on Friday, August 28. Councilwoman Michael moved to continue these two items until August 28, 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~48, SERIES OF 1981 - Commercial GMP/Upcoming Competition Councilman Parry moved to read Ordinance ~48, Series of 1981; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #48 (Series of 1981) AN ORDINANCE AMENDING SECTION 24-11.5, 24-11.7(b), 24-11.10 and 24-11.3(d) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY THE MODIFICATION OF THE SCORING SYSTEM FOR THE OFFICE AND COMMERCIAL GMP COMPETITION BY THE ADDITION OF CRITERIA FOR THE DETERMINATION OF WHETHER AN APPLICANT HAS DEVIATED SUBSTANTIALLY FROM THE ORIGINAL GMP PROPOSAL BY IMPLEMENTING OTHER PROCEDURE CHANGES FROM THE GROWTH MANAGEMENT QUOTA SYSTEM was read by deputy city clerk Beal Alan Richman, palnning office, reminded Council earlier this year they identified an updated GMP as the number one work program of the planning office. The Council should remember some of the policies in the GMP that was adopted in 1976, The policy which is most operative is the quotas themselves. Based~on an analysis of the buildout in the community, a 3.47 growth for Aspen and Pitkin County~was developed. In the city this growth rate is 39 residentail units, 18 lodge units, and 24,000 square feet of commerica2 space in the CC and C-1 zones on an annual basis. No other districts were inclUded in the quota system. Richman brough up two policy statements made in the resolution which Council adopted endorsing the GMP. The first one is specifically to discourage exemptions to the GMP. Secondly, that two-thirds of any new housing developed and one,half of each project under GMP be employee housing. Council has specifically said tha.t employee housing be created under the GMP, not outside of it. The planning office has begun to update the GMP to find out how well this has been working. The city and metro area has been substantially exceeding the growth rate that was proposed. The actual growth rate of residential units in the city has been 65 dwell- ing units per year. Richman told Council in the residentail there have been a lot of exemptions, particularly in single family and duplex lots on previously subdivided lots. Richman told Council in the commercial side, there has been 45,000 square feet per year; this includes 15,000 square feet in the CCand C-1 districts each year, whiCh is below what has been allocated. There is another 30,000 square feet developed elsewhere, in the O, Office or N/C zones. Richman said the situation is that growth outside the GMP well exceeds that within the GMP. Richman said there is a potential large buildout looming over Council's head sometime in the future. Richman told Council that 160 residential units, both free market and employee, have been approved in the past 4 and 5 years. Only 10 of these have been built; 150 residential units are sitting out there waiting to be built. Richman pointed out that this level of residential building exceeds the quota to have the balanced type of growth in terms of services, fiscal capacity for the community. In the commercial growth, this has been exceeding what was expected, yet the projects that have gotten allocations have not been built. Richman stated that project outside of the GMP have had a greater impact on the growth than have projects within the GMP. Richman brought up pending projects; Marolt, Hotel Jerome, Smuggler trailer park, Aspen Institute. These are all large projects which have no competition in front of them, which are exempt from the GMP, yet will have a profound effect on' the growth rate. Richman pondered what has been occurring the the commUnity that has required the planning office to develop so many exemption; why they came up with a residential bonus overly to create employee housing despite the fact Council adopted a policy to discourage exemptions from GMP. Richman told Council there are various reasons for so many exemptions from GMP. One is that applicants in residential and commercial zones find it more to their advantag( to go outside of the competition. Vann gave an example of duplexes in the R/MF zone who have found it more advantageous to build duplexes than to compete for multi-family type developments. Another reason for exemptions is that there has been an incredible amount of commercial development; 45,000 square feet in the city; 20,000 at the Airport Buiness Center and 20,000 at Snowmass. This commercial growth is fueling the fire for employee housing. Richman told Council there has been no employee housing created through residential GMP and very little through commercial GMP. The city has been forced to develop exemptions; the City Castle Ridge employee housing was exemted. To get some employee housing, the 70/30 was developed as well as residential bonus overlay. These were never anticipated nor addressed by the GMP. Richman said the original purpose of the GMP was to create an overall balance of growth so that services could be provided on a balanCed basis. Richman said the planning office has some suggestions for solutions. The first is to revise the scoring system so that projects that do receive an allocation are those which the community truly needs. Second, the planning office has to review the buildout potential in all of the zones to determin exactly how much future buildout there is. The planning office will come back to Council with a rational basis for allocating those quoates. Third, the GMP has to be comprehensive. Having two growth rates, one regulated and one unregulated, allows nobody to plan for the future in a balanced fashion. The planning office has to look at all exemptions on the book, understand the basis for them, and eliminate or phase out those that can be substituted. Richman said if employee units can be created under the GMP, problems with exemptions could be avoided. The planning office is addressing amendments to the scoring system, making the GM-P more comprehensive, and eliminating exemptions. This ordinance cleans up the administrative procedure as these changes are late in the process. The major changes will be addressed next year. Mayor Edel asked if the COuncil sets a quota for the year, that is to be used during that year and not carried over. Is this addressed in these two ordinances. Richman said the P & Z is recommending very strongly not to carry over. This will be addressed when the P & Z makes its recommendations on the projects. Richman explained the reason it is not in these ordinances is that the planning office was moving very strongly towards making the GMP comprehensive this year. The planning office felt if new zones were going to be added, there should be an adequate quota available. Gideon Kaufman told Council part of the problem here is tampering with the system, and the more Council tampers with the freemarket system, the more problems they are going to get. Kaufman said the reason the exemptions came up is because the system was not workin The more rules and regulations Council comes up with, the more problems there will be. Vann told Council the GMP has not seriously been touched in five years. The planning office has five years worth of track records to recognize some problems in the existing system. No one is going to come up with a perfect solution. Councilman Collins asked for the specific changes to be outlined. Richman said the section called historic features scored by HPC worth 15 points has been eliminated. There are clarifications in the design section as well as the community commercial uses. There is a new category, applicants previous performance. The rest of the changes are procedural, not scoring. These changes will help to develop a basis for review of an application which has received an allocation and comes back with an amended application. There are clarifications for challenges to the City Council, this must be on due process or abuse of discretion by the P & Z. Richman said the staff has been working long on this and the submission date is only a week away. Mayor Pro Tem Michael opened the public hearing. Mayor Pro Tem Michael agreed that these changes are not going to solve everything. This does take care of some problems and does make some compromises.. Richman said the planning office is committed to working with the GMP, not letting it go five years and keeping tabs on it. Mayor Pro Tem Michael closed the public hearing. Councilman Knehct moved to adopt Ordinance %48, Series of 1982, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Knecht, aye; Michael, aye; Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. Rggular~Mee~ing AspeD~C$~y Cou~gi] ................... --~=~- . .............. ORDINANCE ~49, SERIES OF 1981 - Commercial GMP Changes Alan Richman, planning office~ told Council this ordinance is different from the original GMP of five years ago. For one it includes commercial development or office development in all zones. Councilman Parry moved to read Ordinance ~49, Series of 1981, seconded by Councilman Collins. All in favor, motio~ carried. ORDINANCE 949 (Series of 1981) AN ORDINANCE A/~ENDING SECTION 24-11.5 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY THE EXPANSION OF THE COVERAGE OF ZONE DISTRICTS INCLUDED WITHIN THE OFFICE AND COMMERCIAL GMP COMPETITION PROCESS AND BY MODIFYING THE COMPETITION SCORING SYSTEM TO INCLUDE EVALUATION OF THE ADEQUACY OF PHYSICAL SERVICES AND NEW PROCEDURE TO EVALUATE AN APPLICANT'S EMPLOYEE HOUSING PROPROSAL was read by deputy city clerk Bealt. Richman told Council this ordinance relates to all office and commercial development within the city. Richman presented a map on the zones which would be governed by this ordinance; these would b~ S/C/I, N/C O, Office, CC C-1 and commercial/lodge. Richman said this ordinance is comprehensive; secondly, it departs from the existing GMP by making employee housing a mandatory part of the scoring system. Presently, an applicant can come in with no housing and get enough points to successfully compete in the competition. In this ordinance, there are ten points in the mandatory employee housing categoy. An appli- cant has to score at least 30 per cent to be in the competition and would probably have to score more to defeat the competition. RiChman told Council that an applicant would have to provide 30 per cent of the 50 per cen' of the employee housing need of a project. For example, if 10 employees were generated by a project, the applicant would have to score at least 1,1/2 in this category. There will be bonus incentive point for an applicant to house 60, 70, 80 or more percentage of their employee housing needs. Richman said by scaling the points an applicant has to score on to only 50 per cent of the total employees generated is being cautious. The planning office is trying not to be onerous on the developer. This is also trying to be flexible by providing an incentive to do the employee housing off site. The possibility to get a density bonus for a commercial project on site is provided. Councilman Collins brought up the problems of exemptions. Richman said there are no commercial exemptions nor have there ever been any. The exemptions are in the residential and will be covered under that. Councilman Collins brought up the exemption for the Hotel Jerome. Mayor Edel said there are overall benefits to the community in that exemption. Councilman Collins said the Wheeler, the Institute, Little Annie are all commerCial projects, is the Council going to exclude all these. Vann told Council the planning office cannot address all changes at once. This one has to be done now because of the GMP submission date. Vann said the planning office hopes to reduce the need for exemptions in the residential process by creating through the commercial process additiona[ employee housing. Councilwoman Michael moved to adopt Ordinance 949, Series of 1981, on first reading; secon(~dl by Councilman Parry. Gideon Kaufman pointed out the adopted policy is not to require parking in the coramercial area, yet the GMP scoring process has points for providing parking spaces. This should be clarified. Richman said he would clarify this for Council. Councilman COllins questioned the conflict between the commerCial quota and the amount of housing generated by that and the housing quota. Richman said if employee housing units are created as part of the commercial quota, how is the residential quota affected. Do these units come out of the qUota or are they exempted. Vann said this wiil be a factor when Council qualifies what the quota will be. Vann said they will present a couple of ways to handle this before second reading. Roll call vote; Councilmembers Knecht, aye; Michael, aye; COllins, nay; Parry, aye; Mayor Edel, aye. Motion carried. RESOLUTION .939, SERIES OF 1981 Golf Course Support Overlay Councilman Knecht moved to read Resolution 939, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION 939 (Series of 1981) A RESOLUTION OF THE ASPEN CITY COUNCIL INITIATING AN AMENDMENT TO THE ASPEN ZONING CODE TO CREATE A NEW GOLF COURSE SUPPORT OVERLAY ZONE DISTRICT was read by deputy city clerk Beall Alan Richman said Council is initiating this to P & Z with a formal resolution to start the procedure. A committee met with staff and outlined some permitted uses~,in this new zone. Area and bulk requirements have not been included at this point because this will more appropriately be determined during the planning process. Also, the referendum passed by the voters has a stringent requirement in terms of area and bulk. Richman told Council the city is processing a subdivision application which will go to P & Z. At the time of preliminary plat, the rezoning to the new zone will occur. Richman told Council there is no provision right now for a room to include a kitchen. This may be an issue later and Council may debate it then. Councilman Knecht moved to approve Resolution ~39, Series of 1981; seconded by Councilwoma] Michael. All in favor, ~ith the exception of Councilman Collins. Motion carried REQUEST FOR MALL BRICKS Forest Service and Poppy's CitY Manager Chapman told Council that Poppy's and the Forest Service went to the CCLC and requested mall bricks for their sidewalks and facilities. This area is not covered in the jurisdiction of the CCLC, and Council's only policy is in the downtown area. The CCLC referred this to Council. There are no sidewalks in this area and in front of Poppy's there is a heavily used bus stop. Chapman said Council needs to decide whether they want to authorize this particular usage. Greg Thompson, Forest Service told Council they would be willing to provide the labor if they get the bricks. This will provide, a sidewalk rather than a dirt path and a bus stop area in front of Poppy's. The sidewalk will be maintained by the property owners. Mike Hull, Poppy's, told Council that the bus stop is immiediately adjacent to Poppy's and it is an eyesore. They will work together with the Forest Service to provide labor and install the bricks. Councilwoman Michael moved to approve the allocation of bricks for the Forest Service and Poppy's cooperative efforts for the sidewalk and covered bus stop; seconded by Councilman Parry. All in favor, motion carried. REQUEST FOR OUT-OF-CITY PIF EXEMPTION - Canyon Cable Employee Housing City Manager Chapman said Council's policy has been to approve the requests for extra territorial employee housing projects to receive the inside city rates. If the new water management plan and fees were in effect, there is no longer a need for this request as the PIF is based on service areas. Council's policy is only to exempt for low and moderat~ income housing, not middle income. Councilwoman Michael moved to permit a reduction of the plant investment fee to in-city rates on the six Canyon Cable low and moderate income employee units as provided in Section 23-67 of the Aspen City Code; seconded by Councilman Parry. All in favor, with the exception of Councilman Collins. Motion carried. CITY HALL ROOF CONTRACT City Manager Chapman reminded Council they had authorized submission of a grant to the State Historical Society for matching funds for work on City Hall roof. The city had received the grant. The city's estimate for the work was about $40,000. The work was put out to bid and the only bid received was nearly $85,000. The city engineer checked into this bid and felt it was high; however, with only one bidder there is little incen- tive to be competitive. The staff has determined that $85,000 is higher than the market price. There are numbers in the bid the city engineer does not feel comfortable with. Chapman told Council that the city engineer talked with another roofing contractor, Red Mountain roofing, and changing the specs some, the price will come closer to what the city had in the budget of about $37,000. There have been problems with the skylight because of separate panes and it leaks. There is a proposal from Rea Mountain ~o replace the skylight with a single piece for $5,000. This would require an appropriation of an additional $2,000 for the proposed roofing and $5,000 for the skylight. Chapman said this is intended to come out of sixth penny funds. Councilwoman moved to reject the bid obtained from Wheeler Construction August 7, 1981; seconded by Councilman Parry. All in favor, mOtion carried. Councilman Collins asked, after the specs were changed, why did this not go out to bids again. Chapman said the reason is timing; if this went out to bids again, it could not be done this year. Chapman told Council that the changes in the specs do not account for $45,000 worth of price difference; the changes in the specs are fairly minor. Chapman said staff could negotiate with Wheeler and award the contract based on the best price the city can negotiate. City Attorney Taddune said the city does not have to put this out to bid again. Councilwoman Michael moved to authorize the engineering department to obtain a contract with Red Mountain Roofing based on Dan Levinson's detailed proposal with the proviso that the city attorney discuss the definition of comparable work with the engineering depart- ment; also moved to appropriate an additional $2,000 to carry out the proposed roof work per Levinson's prices and to appropriate $5,000 to replace the sklight on the third floor atrium; seconded by Councilman Parry. All in favor, motion carried. MAIN STREET TRAFFIC Mayor Edel said that Esther Beamer had headed up the safety committee and is pleased at what is being done by the city on Main street. Police Chief Rob McClung recommended that the four-way crossing is the safest method for pedestrian crossing Main street. The decision to have no right turn on red can be decided after the lights have been installed. McClung said he has requested an additional pedestrian light at Garmisch for school crossing which will be flashing and manually controlled. Councilwoman Michael asked if the four-way stop would be installed at all four lights on Main street. McClung said no, unless the city wants it. Mill street will be a four-way stop. Councilwoman Michael moved to approve the four-way stop and no right turn on red instruc- tions at Mitl and Main streets; seconded by Councilman Parry. City Engineer McArthur told Council the state is willing to put progession and pedestrian cycles on all four lights. The city should install both of these and find out how they work. If it does not work, the city can ask the state to take out the pedestrain cycle. The basic hardward has to be there. Councilwoman Michael amended her motion to have the pedestrian cycle at all four inter- sections; seconded by Councilman Parry. All in favor, motion carried. CEMETERY LANE CONTRACT MODIFICATION Mayor Edel stated this was discussed at great length at a prior study session. Councilman Knecht said he would'like the bike path along the sidewalk discussed. This will be a late] addendum. Councilman Parry moved to approve this; seconded by Councilman Knecht. All in favor, motion carried. RESOLUTION ~40, SERIES OF 1981 - Option to Purchase Buses Councilman Knecht moved to read Resolution ~40, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION #40 (Series of 1981) a resolution authorizing the mayor to exercise the city's option to purckase six blue bird buses for $1.00 per bus under the terms and agreement entered into between the City of Aspen and Elder, Quinn and McGill dated November 9, 1976 was read by deputy city clerk Beall Councilman Parry moved to adopt Resolution 940, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCES 939, through #44, SERIES OF 1981 - Water Management Plan Mayor Edel opened the public hearing on Ordinances ~9 through 44, Series of 1981, which constitute the city's water management plan. There were no comments. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinances 39, 40, 41~ 42, 43, and 44, Series of 1981, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Knecht, aye; Michael, aye; Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~#51, SERIES OF 1981 - Appropiations, General Fund Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance ~51, Series of 1981, on second reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Knecht, aye; Michael, aye; Collins aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~52, SERIES OF 1981 - Appropriation - Water Fund Mayor Edel opened the public hearing. Ms. Butterbaugh told Council this is for tap fees for Highlands, the construction related to Highlands and $1,761,000 to cover the SwerdfergE contract. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance 952, Series of 1981; seconded by Councilman Collins. Roll call vote; Councilmembers Parry, aye; Collins, aye; Michael, aye; Knecht, aye; Mayor Edel, aye. Motion carried. ORDINANCE 953, SERIES OF 1981 - Appropriation - Castle Ridge Fund Mayor Edel opened the public hearing. Lois Butterbaugh told Council at the end of 1980 there was a purchase order that still had $10,000 for Brennan's contract. Brennan did the land levelling and sewage. This purchase order was voided in error; the $10,000 must be appropriated again. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance ~53, Series of 1981, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Michael, aye; Collins, aye; Knecht, aye; Parry, aye; Mayor Edel, aye. Motion carried. CEMETERY LANE BIKE PATH -City Engineer Dan McArthur told Council in order to meet the county standards for a bike path, 8 feet wid, 2 inch matt of asphalt, to go from the intersection of the stoplight all the way down to Homestead Drive, it would cost $13,000 this year at an asphalt cost of $41/ton. Next year, it is anticipated asphalt will be $50/ton, which would cost $16,000. Mayor Edel asked where the money would come from. Councilman Knecht suggested asking the trails group. City Manager Chapman said he was worried about a right-of-way problem. McArthur said that Cemetery Lane is in some places right on the edge of the right-of-way McArthur said if he incorporated the bike path and the road, this could be adjusted and be within the right of way. Councilw agreed now is the time to do this project. Mayor Edel suggested combining this with the water project. Chapman said the city would be making the road eight feet wider. McArthur said they would take the water management fund and extend the roadway another eight feet. There are some extra funds in this project. Chapman said he felt it was the sense of Council if this bike path could be done from either the water funds or from the trails group, it should be pursued. Council agreed. Staff will pursue which method will be best. McArthur said he felt the trail would be better on the west side of the road. This can be tied into the trails on the golf course. Council said that would make a lot of sense. ORDINANCE ~55, SERIES OF 1981 - Appropriations Councilman Parry moved to read Ordinance ~55, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. Lois Butterbaugh told Council in January 1980, the sta~e police and fire pension require the city to pay to the state fund pension money for any officer who was on the payroll after April 8, 1978. The city has paid the state $15,000 and considers this a transfer of fund balance to the state. The city has transferred the liability of the men and their money along with it. The city considers this a balance sheet transaction; however, Counci should know this has occurred. Ordinance 55 is an appropriation ordinance with three items; electric fund $3300; RETT $1700, and police pensions fund at $15,400. ORDINANCE ~55 (Series of 1981) AN ORDINANCE AMENDING ORDINANCE #62, SERIES OF 1980, BY ADDING AN APPROPRIA TION FOR ELECTRIC FUND EXPENDITURES IN THE AMOUNT OF $3300; AND REAL ESTATE-- TRANSFER FUND EXPENDITURE IN THE AMOUNT OF $1700: POLICE PENSION FUND IN THE AMOUNT OF $15,400 WHICH APPROPRIATIONS WERE INADVERTENTLY DELETED FROM SAID ORDINANCE was read by deputy city clerk Beall Councilman Parry moved to adopt Ordinance ~55, Series of 1981, on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmember Parry, aye; Collins, aye; Michael, aye; Knecht, aye; Mayor Edel, aye. Motion carried. SPECIAL EVENT PERMIT - Aspen Council for the Arts Mayor Edel said this is a request for a beer and wine license for the film fest which wil be held at the Isis, September 18-22. Councilwoman Michael moved to approve the special event permit; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~54, SERIES OF 1981 - Appropriation Councilman Parry moved to read Ordinance #54, Series of 1981; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE 954 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE WHEELER TRANSFER TAX FUND FROM CURRENT YEAR FUND BALANCES IN THE AMOUNT OF $3,000 AND TO APPROPRIATE EXPENDITURE FROM THE G~NERAL FUND FROM THE CURRENT YEAR BALANCES IN THE AMOUNT OF $3,364 was read by deputy city clerk Beall Councilman Parry moved to adopt Ordinance #54, Series of 1981, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. CONSENT AGENDA Councilman Parry moved to approve the consent agenda; seconded by Councilman Collins. The consent agenda is (1) Klamer license agreement; (2) liquor license renewal - Skier's Chalet, (3) Deputy Municipal Judge. All in favor, motion carried. Councilman Parry moved to continue the meeting to Friday, August 28, 1981, at 11:30 am to consider the Final Plat for Ute City Place and the rezoning to RBO for Ute City Place and subdivision exception of 1015 East Hyman.; seconded by Councilwoman Michael. All in favor, motion carried. Council left Chambers at 9:10 p.m. Kathryn S.~och, ~ity Clerk CONTINUED MEETING Aspen City Clerk August 28, 1981 Mayor Edel called the continued meeting to order at 11:30 a.m. with Councilmembers Knecht, Michael and RESOLUTIONS ~41, 42, 43, and 44, SERIES OF 1981 - Exemptions from R/MF Moratorium Alan Richman, planning office told Council there are four projects in the process that have been stopped by the temporary moratorium on building in the R/MF zone. These resolu- tions presented to Council are to allow the projects to continue to get all necessary permits. Three have had GMP approval and one issued a building permit. At their last meeting, Council adopted a special review process for these projects. 1015 EAST HYMAN Richman told Council because of the moratorium the final plat approval and exemption of the employee units was held in abeyanCe. This project received careful review by the plan- ning office and was reviewed in terms of the FAR and area and bulk requirements existing at that time. There are two units existing on the site; the applicant proposes three new units, one free market and two employee unts. The free market unit received GMP allocation the employee units may be exempted from GMP. The building is in line not only with the existing area and bulk requirements but also with the requirements that may be imposed in the future. Councilman Parry moved to read Resolution ~41, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ................... ~ ~ u~y ~ouncl± August 28, 1981 RESOLUTION ~41 (Series of 1981) A RESOLUTION FROM THE ASPEN CITY COUNCIL GRANTING SPECIAL REVIEW EXEMPTION TO 1015 EAST HYMAN AVENUE DEVELOPMENT FROM THE MORATORIUM IN THE R/MF ZONE DISTRICT was read by the city clerk Councilman Knecht moved to approve Resolution #41, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. Richman told Council there are two further actions required. One is subdivision exception and the second is exemption of the empioyee units from the GMP. Richman told Council that both units will be restricted to low income guidelines as proposed in the' GMR submission. Both units exceed the size guidelines; however, the rents as required by the Code Will be such that they meet the maximum square footage, not their actual square footage. Richman said this project represents the kind og project that the planning office has been looking for through the GMP. Some conditions are suggested; (1) deed restrictions to be reviewed by the city attorney limiting the units to low income housing guidelines. The guidelines should be those in effect at the present time; the units would be eligible thereafter as existing unts for low price adjustments. (2) The building plans for the units should be recorded to make sure they correspond. Richman told Council as far as the subdivision exception review and approval, there should be four conditions. These are; (1) there should be a maximum 18 foot curb cut, or two 10 foot curb cuts; (2) the applicant submit plans showing the dry well and drainage; (3) the proposal regarding energy conserVation should be implemented as he received points in the GMP for this, and (4) the park dedication fees are applicable. Richman told Council there is a provision that Council can exempt low income units from the park dedication fees. The planning office feels it is appropriate to exempt the two employee units from park dedication and require the free market to pay. The planning office further exemption of the units from GMP and subdivision exception with the six conditions listed above. Gideon Kaufman requested an additional break on the park dedication fees for the free market because of what the applicant is doing. The applicant is constructing employee housing that is larger than required and is only charging for the maximum size.. The two-bedroom unit has 400 feet that will not be charged for; the one-bedroom unit has 200 feet that will not be charged for. The applicant is providing first class housing. Kaufman asked for an acknowledgement that the applicant is doing something out of the ordinary. Councilwoman Michael said the applicant chose to build the units that size, and he knew what the City policies are. Richman pointed out that the larger units did 'get additional points in the GMP process. Councilman Knecht moved to approve the request to exempt the two employee units at 1015 East Hyman Avenue, subject to the following; memorandum of July 31, 1981, that items 1, 3, 4, 5, and 6 be included; prior to the issueance of a certificate of occupancy, the units will be check as to compliance with the building permits; seconded by Councilman Parrv. All in favor, motion carred. RESOLUTION #42, SERIES OF 1981 - 925 Durant Richman told Council up for consideration for this project is the final plat approval as well as exemption from the moratorium in the special review process. Richman said there are some problems associated with the prior review of this project which have to be resolved. There was never a review before P &. Z for the exemption of the emplOyee units from the GMP; and, therefore, there is no recommendation from P & Z with respect to the appropriate deed reStrictions. Richman said this project should be exempted from the GMP competition as employee housing. The staff would recommend low income category and a 50 year deed restriction. Council can either approve this, contingent upon ratification by P & Z, or table it. Sunny Vann, planning director, told Council the planning.office has reviewed the applica- tion and find it reasonably consistent with the existing area and bulk guidelines for the zone district and multi-family construction. Vann told Council the open space on this site is quite large; the Council previously approved modifications of the plans in anti- cipation of an RBO application. If an RBO application comes in, Council will consider this in the context of the new area and bulk guidelines. Mayo Edel said he has heard a number of times the reason this is not built is because the applicant is going to request more units. The applicant is asking permission to start building a year and a half after the project should have been built, and the request for more units has never come in. Spencer Schlffer, representing the applicant, told Council they would like approval for the original 12 units and will build those 12 units as soon as possible. Councilwoman Michael moved to exempt the 925 Durant Avenue development; seconded by Councilman Knecht. All in favor, motion carried. Councilwoman Michael moved to read Resolution #42, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION #42 (Series of 1981) A RESOLUTION OF THE ASPEN CITY C~UNCIL GRANTING SPECIAL REVIEW EXEMPTION TO 925 DURANT AVENUE DEVELOPMENT FROM THE MORATORIUM IN THE R/MF ZONE DISTRICT was read by the city clerk Councilman Parry moved to adopt Resolution #42, Series of 1981; seconded by Councilman Knecht. All in favor~ motion carried. Sunny Vann told Council the final plat On 925 Durant was tabled November 24th with the discussion of the 50-year deed restriction versus the five-year deed restrictions. That issue is still alive, and the planning office recommends that Council approval the final plat subject to the 50-year deed restrictions. Council can either send this to P & Z for a recommendation or can approve final plat and then go to P & Z for ratification. City Attorney Taddune said this is an oversight and the applicant should be accommodated from a time point of view, if possible. Taddune said he had no problems with either course of action but to keep in mind the time constraints. Council agreed. Spencer Schiffer, representing the applicant, told Council they had previously requested a 5-year deed restriction. The applicant would prefer a 50-year deed restriction; howeve he would like Council to consider relief on the financial part, which would make this project easier to finance. Schiffer said he felt this was a fair and reasonable way to do this and there are safeguards so the city's concerns should be addressed. Schiffer asked that Council approve this compromise, giving the city what they want and giving the applicant some relief. Schiffer outlined the compromise; the applicant will deed restrict for 50 years with the proviso that if there is a foreclosure at any time after the first five years, the unit would revert to a free market status. Schiffer stated the likelihood of a forecluse in this situation is extremely remote so Council is getting a 50-year restriction. If there is a foreclosure, the city would get a notice of defautt a notice of the foreclosure sale, and could redeem and still keep the units in a deed restricted form. Schiffer said they wanted this compromise because of the way a lending institution will look at the project. Councilman Knecht said he had no problem with this proposal; this way the city would get a 50-year restriction and the applicant would get the financing. Councilwoman Michael stated she is not willing to do that with respect to the history of this project. There has been a pattern of approvals, delays, proposals from the attorneys, delays. Council- woman Michael said she would like less deals, projects that happen, no excuses. Mayor Edel agreed. Councilman Parry moved for final plat approve for 925 Durant Avenue with 12 low-income price restricted employee units subject to the following conditions; (1) the applicant provides a sidewalk upon Durant Avenue frontage; (2) the applicant providing trash facilities - design of which are subject to the engineering deparmtnet approval; (3) a fifty-year deed restriction to low income; (4) the applicant complies with Section 24-11.2(h) with the understanding that should the P & Z not concur with Council's approval, they will have to come back to Council; and (5) the execution of all deed restrictions and agreement prior to recordation of the final plat; seconded by Council- woman Michael. All in favor, motion carried. RESOLUTION #43, SERIES OF 1981 - Ed Baker Duplex Sunny Vann, planning director, told Council this application is also caught in the moratorium and is located at 118 East Hyman. This is a duplex and was proposed at 1:1 FAR. This has been discussed with Ed Baker and with his attorney, Ron Austin. The only issue is special review exemption for Ed Baker; this is exempt from the growth management and from subdivision. This was proposed at 9,000 square feet on a 9,000 square foot lot at 1:1 FAR. Ron Austin submitted a letter representing the proposal to bring the buildin. into compliance for the changes anticipated in the R/MF zone as a result of the moratoriu] Vann told Council Baker is proposing to reduce the heighth of the building by 3 feet to bring it into compliance or 1 foot below the maximum height currently allowed in toerh single family/duplex zone district. The overall bulk will be reduced to 8200 square feet rather than 9,000 square feet. The FAR will be .9:1; the overall footprint will be reduced by 1-1/2 feet on all sides. The setbacks are more than the approximately 14 feet which is significantly larger than those currently in place in the R-6 through R-30 zones. Baker's open space is approximately 40 per cent or more which exceeds that requir~ d in any other zone district in the city. This is a compromise; the planning office does not have the specifics that would be applied to single families and duplexes in the R/MF zones. Until such time as the moratroium is completed, the planning office feels this is reasonable in line with those controls which would be imposed. Councilwoman Michael moved to read Resolution ~43, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION #43 (Series of 1981) A RESOLUTION OF THE ASPEN CITY COUNCIL GRA~NTING SPECIAL REVIEW EXEMPTION TO THE ED BAKER DUPLEX ON 118 EAST HYMAN AVENUE FROM THE MORATORIUM IN THE R/MF ZONE DISTRICT was read by the city clerk Ed Baker clarified he will want to include two employee units in this duplex; these units will be included in the existing floor area ratio. There will be no additional bonuses asked for. Councilwoman Michael said that Baker has compromised with Council and Council has gotten the best of both worlds. Councilwoman Michael moved to approve Resolution ~43, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION ~44, SERIES OF 1981 - Ute City Place Richman told Council this is the last project caught up in the moratorium. This project is a mix of free market and employee units which received GMP approval. Councilman Parry moved to read REsolution ~44, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. RESOLUTION 944 (Series of 1981) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING SPECIAL REVIEW EXEMPTION TO THE UTE CITY PLACE DEVELOPMENT FROM THE MORATORIUM IN THE R/MF ZONE DISTRICT was read by the city clerk Councilman Parry moved to adopt Resolution #44, Series of 1981; seconded by Councilwoman Michael. All in favor, motion carried. Councilwoman Michael moved to continue the meeting to Monday, August 31, 1981, at 5:00 p.m.; seconded by Councilman Knecht. All in favor, motion carried. Kathryn ~ Koch,' City Clerk Continued Meeting Aspen City Council August 31, 1981 Mayor Edel call the meeting to order at 5:10 p.m. with Councilmembers Collins, Knecht, Parry and Michael present. PLANNING OFFICE CONTRACT Planning Director, Sunny Vann, reminded Council they had approved the concept of the reorganization of the planning office. Vann said he would bring the contract for approval as part of the budget process. Vann said this is a bookkeeping area designed to take the pressure off so that the planning office can allocate time to both jurisdictions. The Boards will have to choose amoung priorities. The planning office will do this in the context of a work program which the planning office will present to P & Z and then to the Boards. Councilman Knecht said the city's portion of the budget is $100,000 and the major portion is administration of What is already there. Councilman Knecht said he sees very little long range planning. The guiding group is the Council, who does not have very much control. The Council should set the priorities. Councilman Knecht said the planning office should not have to report to two governmental bodies. The city should have their own planner the Council can go to. Mayor Edel said he felt Vann's proposal opens up the door to alot more spending b~ hiring more and more staff to produce the necessary work. Vann said he is not recommendin that this will cost more money. Under the new system, the county time is allocated through direct billing. The Council wOuld therefore not be able to violate that time. The Council would have to look at their priorities rather than insis~ everything get ' done at once. Vann said the new system includes two things; direct billing and reorgani- zation of the planning office. There will be an administration section; a Code administra tion section; and a planning section. Vann told Council at the beginning of each year, Council will make a decision on what they want accomplished and establish priorities. Vann told Council the planning office with the Boards will prioritize both work programs. Many of the planning items are a joint effort. The county has raised their fees to where they wash a substantial portion of the code aministration section. This is passing on the costs of processing applications to the applicant. The city does not have to take that approach; they can subsidize as much as they like. Vann told Council the direct billing in itself will not increase the amount of planning time. It will provide a mechanism to assure Council that the time has been allocated to the city. The reorganization should increase the ability to do more planning because the planning office will not have some- one staff doing a little of everything. This will free up staff time to concentrate on certain projects. Councilwoman Michael moved to approve in concept the reorganization of the planning office and to direct billing to the city.and the county; seconded by Councilman Parry. Councilmembers Michael, Collins and Parry in favor; Councilman Knecht and Mayor Edel opposed. Motion carried. Mayor Edel told Council he got a $2,000 contribution from Data General who is coming to town to film a commercial. Council agreed this should go into the general fund. Council set up a study session September 2nd at noon to discuss the options of financing the Wheeler, whether to rent all the space, whether the non-profit or arts group go back. Councilwoman Michael moved to adjourn at 6:15 p.m.; seconded by Councilman Parry. All in favor, motion carried. , City ClerF Regular Meeting Aspen City Council September 14, 1981 Mayor Edel called the meeting to order at 5:10 p.m. with Councilmembers Michael, Knecht, Parry, and Collins present. MINUTES There were none ACCOUNTS PAYABLE Councilman Parry moved to approve the accounts payable for August; seconded by Council- woman Michael. All in favor, 'motion carried.