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HomeMy WebLinkAboutminutes.council.19791112 Regular Meeting Aspen City Council November 12, 1979 Commissioner Edwards called the joint meeting together at 4:10 p.m. with Councilmembers Collins, Van Ness, Isaac, and Michael and Commissioners Child and Kinsley present. Also Manager George Ochs. present were~City Wayne ~ and County Manager 1. Proposal to Create Community Greenhouse. Les Dawn told the Boards he would like to Cc~m~3nity help the community to get started on a solar greenhouse. Dawn said he is trying to get an office in town so that he could get the project going; Dawn asked the Boards for their Greenhouse suggestions and reflections. Commissioner Kinsley said it was important to sell the Board~ on why they should participate and to what extent. Dawn said a community greenhouse means community government and the people themselves. Dawn said he was asking the City and County to take the initiative to do something to get moving. Dawn was not asking for money or grants; once this is started there will be donations. Dawn said he knew of 5 major spots that could be used as a greenhouse; they are private, city or county owned. George Ochs asked about the Roaring Fork Resource Center greenhouse at the high school. Someone answered they were working on the project with John Stern, school district and the Resource Center and the project seems to be moving. Councilman ~saac asked about working with the extension agent in the County. Commissioner Kinsley said this is a terrific idea and is consistent with the County's idea of support~ ing agriculture in the community. It is also important because of the economic decline. Commissioner Kinsley said he would personally be supportive of anyone who wanted a green- house on their land and would work to get the barriers out of the way. Dawn said all he was asking for is office space where he could get started coordinating the greenhouse~ Councilman Isaac said he did not think the city had any space available. Councilman Isaac said he would like to see the project formulated, and was not ready to commit city financing. Dawn said he needed to have Aspen and Pitkin County behind him to get started. Councilman Parry pointed out the city's community garden was run through the extension service. Commissioner Kinsley said he would encourage the extension agent to provide any advise possible. Commissioner Edwards told the Boards after CSU was phased out, the Roaring Fork Resource Center has been working on a solar greenhouse for a number of years. Edwards said the County has not taken this as a high priority project but would support it indirectly and philosophically. Edwards said the County is not interested in doing anything differently than they have in the past. Councilwoman Michael agreed the city is supportive of the idea but is not interested in giving someone a title. Also, since another effort is being made the request is inappropriate. 2. Task Force for School Bus Review. Dick Hanson, representing the school, reminded the Boards the school had given up a number of bus routes in town this year. At the last Transportation school board meeting, the board decided to reinstate the routes. One of the concerns was school kids on half full buses following half full school buses and the consumption of energy. The city buses school board asked that a community task force on transportation be started to coordinate all the bus efforts. Hanson suggested the task force be made up of representatives from school, city, county, parents with children and citizens who do not have children. The objectives would be to (1) review the existing routes to identify duplications, (2) review the differences in the safety requirements, (3) review the impact on skiers in existing system, (4) review the city and county commitments to the Ski Corp, and (5) examine other existing school and community systems working in a cooperative manner. Commissioner Edwards pointed out the bus systems were combined and the parents went nuts, and asked what this task force would do. Hanson said there are unanswered questions; they need to address the safety of the children and the energy concern. Another point is the duplication of system running part-time employment versus full-time employment of the drivers. Hanson said all he is asking now is for authority to go ahead and set up a task force representing the 3 groups. Councilman Isaac said he would like to keep this as narrowly defined as possible and not get into the Ski Corp question. The main issue here is the safety of the children and how the system can be more efficient. Commissioner Child said they might want to bring in Snowmass Village also. Councilwoman Michael said the task force was okay with her if the Ski Corp issue was not in it. Councilman Isaac and Curt Stewart are to represent the city and county on the task ~orce. 3. A-95 Reviews. (a) State Health Planning & Resource Development: Gene Marsh said this would benefit the Pitkin County area; they are asking for 4 people to be employed which would increase the efficiency of state health and planning in this area. Commissioner Kinsley moved for favorable comment; seconded by Commissioner Child. All in favor, motion carried. (b) Colorado Congress of Senior Organizations: Commissioner Child stated this is an organization of alliances of senior organizations in the state and acts as a pass through agency for Federal funds. Kinsley stated he wanted someone on the staff to investigate this, and would like staff comments on any A-95's. Commissioner Kinsley moved to table; seconded by Councilman Van Ness. All in favor, motion carried. (c) Family Planning Program: Ms. Marsh explained this benefits the Visiting!Nurses Association and is for birth contrOl program. The VNA picks up about.S5,000. Commissioner Kinsley moved for favorable comment; seconded by Councilman Isaac. All in favor, motion carried. (d) Pitkin County Community Development Project. Commissioner Edwards told the Boards this is for a grant to try and get land for employee housing. Commissioner Kinsley moved for favorable comment; seconded by Commissioner Child. All in favor, motion carried. (e) Region 12 Criminal Justice Planning: Councilman Isaac moved for favorable comment; seconded by Councilman Collins. All in favor, motion carried. COUNCIL MEETING Councilwoman Michael moved to appoint Councilman Van Ness as~chairman of the meeting; seconded by Councilman Isaac. All in favor, motion carried. MINUTES Councilman Parry moved to approve the minutes of September 24, 25, October 3, 4, and 9, 1979; seconded by Councilman Isaac. All in favor, motion carried. Regular Meeting Aspen City Council NovemDer ACCOUNTS~ PAYABLE Councilman Isaac moved to approve the accounts payable for October; seconded by Councilman Collins. All in favor, motion carried. CITIZEN PARTICIPATION 1. Mary Ward, representing the Roaring Fork Resource Center, said when it comes time to Wheeler Opera plan the Wheeler Opera House, they would like to talk about what they can do about energy House - planning and conservation measures. There are grants for public buildings which can pro- energy vide 50 per cent of the technical assistance, conservation 2. Stacy Standley told Council there was an advertisement regarding office supply sales at the Meadows. Standley stated he did not think this was zoned for retail sales. Karen Smith, planning director, said a complaint Was filed Friday and they should have been closed down on Saturday. 3. Mike Fitzgerald, representing a citizens' action committee, told Council they made a Ail citizens proposal and invited Council and Commissioners to attend meetings. The county has agreed Action to let the firm of Cresap, Paget and McCormick to review and make management recommendatio sConnlission on the operation of the sheriff's department, personnel department, land use code and government district attorney's office budgets and efficiency study. Fitzgerald aksed that the city study also do this. The county has committed $26,000 for efficiency study to streamline costs. Councilman Van Ness pointed out the city has a new manager, and this request wily be gone over. The county has asked the city to participate in the study of the justice syster ; however, no decision has been made. Councilman Isaac said the indication is that the city will probably nOt joint the funding; it would cost another $12,000 to have the police department included. Councilman Collins said one of the problems is that the city does not have the money. The city had met with a representative of the firm and Mr. Evans was going to come back with a proposal. COUNCILMEMBER COMMENTS 1. Councilwoman Michael requested the city manager look into music on the city buses. Music on There haVe been a number of complaints from bus users. Councilwoman Michael said~ buses should talk to the transportation department, and it is his judgment whether the issue comes back to Council. Karen Smith introduced Sonny Vann, a new member of the planning staff. Vann will be work- ing on various projects including HPC and joint city/county projects. 1980 BUDGET 1980Budget Councilman Van Ness pointed out this is not the final budget hearing, and opened the public hearing. 1. Bob Nuffer, coordinator for Aspen~Mental Health Clinic, asked for reconsideration of the preliminary amount established as a donation to the clinic. This was set at $8,000 AspenMental which was less than half of last year. With the increased staff and costs, it is far belo~ Health Clinic the level of services they have been providing. Gene Marsh, human resource coordinator told Council the County has given the AMHC full funding requested and urged the Council to participate with the county in this joint request. Ms. Marsh stated this is a basic service to the community and is essential. This is a high stress community. Ms. Marsh told the Council she has been extremely pleased with the level of service from the AMHC. If the clinic does not receive funding, it will jeopardize one staff position. councilman Van Ness pointed out on the tentative budget almost everyone was cut. The Council will be going over the budget again. Ms. Butterbaugh explained there is an increa~ to the debt service to pay for properties purchased by the city. Ms. Butterbaugh is try- ing to bring the reserves back up. And in a period of 17 per cent inflation, the city has to have a tight budget. Ms. Butterbaugh illustrated on charts where the money comes from and where it goes. There are restricted fund and enterprise funds such as water, electric, golf course, ice rink. The arts contributions are comeing from the Wheeler Opera House tax. There are bonds and proceeds for the Mill street project. Ms. Butter- baugh stated a 6 per cent increase was budgeted for personnel services; there is no money for a merit increases. The budget for 1980 is 13 per cent higher because the city has added services such as bus service to Ski Corp, golf course of 18 holes, ice rink; there are more employees. The contribution funding is approximately the same level as last year. Jon Busch addressed the Council about the expenditure of fluoride in the city's water and asked that it be deleted. Busch stated this was like adding a poison to the water. There are more efficient ways of treating teeth; the city should not be in the fluoride business Louette Lurvey and Winnie Broadhead spoke in support of funding the Aspen Mental Health Clinic. Richie Cohen, representing Friends of the Wheeler Opera House, told Council he was object- Real Estate ing to the use of those funds to certain items in the city budget that are a misuse of the Transfer Tax transfer tax. Cohen specifically objected to $59,000 for the payment of a debt for the completion of a city-owned building, the Visual Arts Center. The real estate transfer tax was not designed to be something to fund capital expenditures. The wording was obvious it was to be used for the support of the visual and performing arts. Councilman Collins noted it was the opinion of the city attorney the RETT funds could be used to retire the debt on the VAC. Cohen stated the intent of the tax and the way is was presented to the voters was not for that type of expenditure. Stacy Standley agreed this fund was being misused and said the Council was badly compromising themselves if they consider using the funds for anything other than the Wheeler or arts support. Councilman Van Ness requested deferring this decision until the attorney returned. Bill Martin commended the staff on the fine job of preparation of the budget and the Council for the time in making the decisions. Martin stated he felt the budget was excessive looking at the problems facing the country and Aspen. Martin said the problem is that the city did not cut functions; that is the only way this budget could be cut. Martin asked that Council pass a resolution that this is the budget and before they spend any additional revenues, they have a budget review in which the public can contribute. Phillip Yenawine, Visual Arts Center, pointed out there is no money allocated to the program for buying sculpture. Yenawine asked Council to consider this expenditure if the~ are excess funds. Yenawine stated the program of the city buying art from local artists should be carried on. Council scheduled a study session for November 19th at 8 p.m. ~o discuss and consider changes to the budget. ROARING FORK VALLEY FOUNDATION FOR PERFORMING ARTS UPDATE Dick Moore presented a copy of the report for the development of the Wheeler and requeste~ Wheeler Opera a study session to go over this with Brad Morrison. Council scheduled this study session House report for Monday, November 19th at 7 p.m. WHEELER OPERA HOUSE STUDY John Stanford told Council his report was preliminary and sets out~parameters for historic Wheeler Opera renovation and restoration; it does not give answers to a number of questions. This House study report with the Moore report, the Citizens task force, as well as structural analysis provides a tremendous wealth of information on the Wheeler. Each of the reports repre- sents one aspect of the master plan. Stanford recommended the city hire someone to take all the information and compile it into an architectural program. Stanford said he would incorporate his information in the Monday night study session. OCCUPANCY LIMITS OF RESTAURANTS AND BARS Bob Jacobs, fire marshal, told Council he had assigned occupancy loads last year at 7 square feet per person. Jacobs said he feels the occupancy load on certain occasions has Occupancy limits exceed the comfort zone. The building code allows for 15 square feet per person for bars/restaurants drinking and dining establishments not 7. Councilman Van Ness asked how this 15 square feet per person stacks up against what normally goes on. Jacobs said there are only a few places seating over capacity. Councilman Parry pointed this problem comes from places which said this would drastically reduce their seating, and Council felt these places served: their patrons well. Councilman Parry said he would like to see a comparison of the two seating capacities. Jacobs said he would do the rest of the establishments with a tap and come up with actual occupancy figures for Council. Councilman Van Ness questioned whether 15 square feet per person is a realistic and reasonable number. If it is not, Council can change the number; to some extent it is an arbitrary number. Councilman Isaac asked what the city's liability was. Bob Sproull, owner of Jake's, told Council they would have to eliminat entertainment in the basement if this square footage is kept. Sproull suggested there might be two different criteria for determining square footage, one for restaurants and one for bar/lounge areas. City Manager Chapman suggested letting establishments operate as they have been until the staff comes up with data and recommendations. Councilman Isaac moved to table until Council gets the infOrmation at the next meeting; seconded by Councilman Collins. All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Parry moved to approve the renewal for the Jolly Jester conditioned upon Tom Dunlop's approval; seconded by Councilwoman Michael. All in favor, motion carried. Councilman Collins moved to approve the liquor license renewals for Steak Pit, Of Grape and Grain, Mine Company, Crossroads, Eagle's, Chart House, Mamma Brigitte's, Cooper Street Pier; seconded by Councilman Parry. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Berkley/Aspen (Slope) City Clerk Koch explained this was a transfer of 100 per cent of the stock from Louis Liquor License Pintkowski to Ronald Riley and the documents on Riley were complete. transfer (berkley/Aspen) Councilman Parry moved to approve the transfer of stock; seconded by Councilman Collins. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Fireside Restaurant Liquor License Councilwoman Michael moved to table until November 26 due to a question of citizenship; transfer seconded by Councilman Parry. All in favor~ motion carried. Fireside LIQUOR LICENSE TRANSFER - ASTC Study Hall Liquor License Teddy Case, applicant for the transfer, told Council she had taken over the premisas from transfer Stonehenge when they defaulted in July. She has the lease originally, it was transferred Study Hall to Stonehenge, transferred to ASTC Study Hall, repossessed by Stonehenge and then they defaulted to Teddy Case. There is a memorandum in the packet from the city attorney stating, in his opinion, Ms. Case had possession of the premise. Councilman Collins asked how the Council could take away the license if the previous tenants have not been evicted. Ms. Case said she had been paying the rent since July and Stonehenge has been evicted. Councilman Van Ness pointed out that a liquor license went with a premise, not a tenant. Councilman Isaac moved to approve the transfer of the liquor license; seconded by Council- man Parry. All in favor, motion carried. LIQUOR LICENSE TRANSFER - The Souper City Clerk Koch told Council this is a purchase and sale by VIDCO, Inc. which is owned Liquor Licens~ 100 per cent by Spencer Videon. The file and background information are complete, transfer Souper Councilman Parry moved to approve the transfer of the Souper; seconded by Councilman Isaac. All in favor, motion carried. FINAL PLAT APPROVAL - Gordon Richard Grice told Council the applicant requested this taken off the agendas Councilman Isaac moved to table this item until further notice; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXEMPTION - Sams-Hall Richard Grice, planning office, gave Council additional information from the engineering department. Grice told Council this is a request for exemption of an existing duplex at Subdivision 745 Cemetery Lane. The duplex has a history of being owner-occupied in the south unit. exem~.~tion The north unit has been rented at $.57 per square foot. The engineering deparment recom- Sams-Hall mended approval subject to review of the survey prior to this agenda; which has been accomplished. The engineering department also requests a water meter be installed. The city attorney has objected to this unit being condominiumized withOut deed restriction and recommends denial because the north unit has been part of the employee housing pool. Stock suggested the applicant submit a proposal for mitigation of the low, moderate and middle income housing. The applicant's attorney did not feel it was within those price guidelines. The P & Z did not feel this was part of the low, moderate and middle income housing pool and they recommended approval subject to compliance with the engineer's request and the six month minimum lease restrictions. Councilman Isaac asked why P & Z went against the attorney's recommendation on the rental guidelines. Jon Seigle, representing the applicant, told Council when P & Z looked at the history of the unit and found that the rents had not been raised in 3 years and that the rental rate was within $3 per month of being outside the guidelines, they did not want to penalize the landlord for not raising the rents. Seigle told Council the unit has been empty since May and is re,rented at $775. Seigle stated one of the reasons Stock denied is it puts the burden on the applicant to show this is employee housing. This has never been employee housing; it was rented previously to two doctors. Seigle told Council that both sides are identical, 1170 square feet; the structure is 10 years old. Councilman Parry pointed out the previous tenants would not have qualified for low, moderate and middle incomes. Councilman Parry moved to approve With the conditions outlined; seconded by Councilman Collins. Grice pointed out the engineering conditions include the owner enter into an improvement district for sidewalks if one should be formed; and six month minimum lease restriction. All in favor, motion carried. WESSON EMPLOYEE HOUSING PROJECT Jim Reents, housing director, told Council this a-plication is for special review approval to take advantage of the FAR bonus within the O, office district to build employee housing and special review to reduce parking ~equirements for the employee housing from one parkin Wesson Employee housing/FAR space per bedroom to none. The Code has been amended to allow for such reduction to get a trade off to provide space for employee units. A letter submitted from Dr. Wesson state b~nus the demand for parking should be reduced because he intends to maintain employee housing for his own employees. Reents told Council the P & Z reviewed the application and approve both special reviews, and made no recommendation of what level the units should be restricted. Dr. Wesson intends to restrict them at the middle level bracket; under curren quidelines this is $.58 per square foot. Councilman Parry moved to approve the special review for employee housing at the middle price range with no parking required; seconded by Councilman Collins. All in favor, motio carried. PRIVATE REZONING - Sears Building Councilman Collins moved to table this upon the applicant's request; seconded by Council- man Parry. All in favor, motion carried. Pl& Z. RECOM~ENDATIONS RE: COMMERCIAL GMP ALLOCATIONS Jim Reents told Council this the 1980 commercial growth management reviews were the first year there was a competitive process within the applications. The current Code allows for ~P Cc~mercial approval of 24,000 square feet within the CC and C-1 districts per year. The amount allocations applied for in 1980 was in excess of 28,000 square feet. The Code allows for a bonus 1980 provision of 25 per. cent, up to an additional 6,000 square feet in any additional year with that amount subtracted from the next years. P & Z recommended the bonus provision because for the previous three years, the commercial space approvaed was 31,000 square feet out of 72,000 square feet that could have been approved. Less than 50 per cent of the allotment was used, Reents told Council the Code does not allow for differentiation between proposed additions as opposed to new'construction, and the scoring process is weighted towards new construction as the projects can be designed around the scoring process. Reents told Council the highest possible score is 36 points, and the Epicure addition scored the highest with 32 points. The projects in order are La Cocina, which is an addition to the eXisting restaurant; Mountain Bell Sports, an~laddition; Smith Building, occupying the site next to La Cocina a proposed office building; Ajax Mountain, replaCing the Aspen A's on Durant street (the approval for this included credit for the amount of space which will be rebuilt); and First National Bank Building, an addition of a second floor over the existing parking. Councilman Van Ness asked if Council could go back and use up the allotment not used in prior years. Reents explained that the resolution from P & Z in previous years was that the allotment not be carried over. The bonus provision does allow Council to take the extra square footage and spread it out over a series of years. Reents told Council there are several modifications the staff would propose to the growth management commercial section; however, it is inappropriate at the time people are working on applications for 1980. P & Z expressed interest in making recommendations for amendments prior to spring. Reents told Council there was one more application for expansion of the Mountain Plaza building. The Code requires the planning office to reject an application not in compli, ance with the zoning regulations; this building is over the current FAR and was rejected by staff. Councilman Collins asked how many employees these six application might generate. Reents told Council from the employer survey, the numbers would break down per square foot running from slightly over 4 employees per 1,000 square feet for professional, iand office to 9,000 per 1,00.0 square feet for retail to 32 employees per 1,000 square feet for bars and restaurants. Councilman Collins asked how many employee units were being provided. Reents pointed out First National Bank already provides on and off-site housing; Bell Mountain 1 unit; Smith Building 2 units, and Epicure 3 units for a total of 6 units. Councilman Isaac moved to approve the growth management commercial allocations for 1980 with the use of the bonus and special review approval for Epicure, Bell Mountain Sports, and Smith Building;seconded by Councilman Parry. All in favor, motion Carried. CITY MANAGER 1. Wayne Chapman told Council that two offices in City Hall are going to experiment with 10 hour 4 day work week. Chapman emphasized this is only a trial. 2. Chapman told Council that senior citizen parking has been a problem and has been Parking brought to the attention of the traffic control officers. The tco'~s have suggested the city give 5 hour parking permits to senior citizens. Chapman said this could be adminis- tered with a sticker for the windshield. Council decided the age should be 65 and said they felt it was a good idea. Councilman Parry said there should be stiCkers for both handicapped and senior citizens and not just in certain places. 3. Chapman told Council that Ted Armstrong and Duane Fengel have discussed the posslbzllty! of a van for the recreation department rather than using the big buses when they only Recreation need room for 10 or 15 kids. When a van is used, the city does not have to have regular bus drivers; this would reduce the cost in terms of actual labor costs. Chapman said if van the cost figures look good, he would like to go ahead with the van. Councilman Isaac said there are so many vans around, couldn't recreation use one of those. Armstrong told Council they use the van too often, and he could reduce the cost in the recreation depart- ment by using a van. Councilman Parry said he was trying to get a van in the transporta- tion system ~or years and wOuld like to see this tried. Chapman told Council he would make sure it cost less before he went ahead with it. 4. Jim Reents requested a study sesson on the housing overlay and the update on Smuggler Trailer Park. Council set this study session for noon, Wednesday, November 14th. 5. Jim Reents said Council had to outline the timing for the special election for the Special electiol general obligation bond election for the water plant project. Reents brought up the issue g.o. b~nds of going with modular design versus the design the city currently has. Reents said he did not have a good figure to compare these two; the modular is a square foot cost only and housing does not include what prices the current design has. Reents said he could go into a lot of work to get these figures, if that is the direction Council wants to pursue. Currently Council is into the design ~for over $50,000. Reents said he could get these figures by the next meeting to re-design to accommodate a modular project. This would cost about $2100. Chapman told Council that Aventura is not interested in doing much more than managing the project if the g.o. bond passes. Chapman said the staff has to come up with a plan if the g.o. bond passes, and one thing to look at is modular housing to get the ren~ down as low as possible. Councilman Van Ness suggested putting this issue on the next regular agenda with the information. ORDINANCE #70, SERIES OF 1979 - Creating Mobile Home Park Zone Ord. 70, 1979 Councilman Van Ness opened the publiC hearing. Jolene Vrchota, planning office, told Council when Smuggler area was annexed there was no appropriate zone for the trailer park. MHP zone P & Z discussed whether they would prefer trailers as conditional uses or have a new zone to have them permitted uses. P & Z created a new zone, MHP, mobile home park zone. Ms. Vrchota pointed out the ordinance calls for a single manager of the park, section 4 outline the area and builk requirements. This will accommodate the situation in Smuggler as it exists. Councilman Van Ness Closed the public hearing. Councilman Isaac moved to read Ordinance #70, Series of 1979; seconded by Councilman Parry. All i~ favor, motion carried~ · ~=gu~z ~uzl~ ~spe~ ~lEy ~ouncl± NovemDer 12, 1979 ORDINANCE $70 (Series of 1979) AN ORDINANCE AMENDING SECTIONS 24-2,1(a) AND 24-3.2 OF THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A NEW MHP (MOBILE HOME PARK) ZONE DISTRICT AND AMENDING SECTION 24-3.4 WITH THE ADOPTION OF AREA AND BULK REQUIREMENTS TO BE APPLIED IN THE MHP ZONE DISTRICT was read by the city clerk Councilman Isaac moved to adopt Ordinance #70, Series of 1979, on second reading; second~ by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Collins, aye; Isaac, aye Michael, aye; Van Ness, aye. Motion carried. Councilman Van Ness read into the record a letter from Mrs. Ardith Ware objecting to the City of Aspen's $10,000,000 budget when the City of Denver's budget is only $2,000,000. Council aSked City Manager Chapman to investigate this and answer Mrs. Ware. ORDINANCE $72, SERIES OF 1979 - L-1 Code Amendments Councilman Van Ness opened the public hearing. Karen smith, planning director, told Council this is a code amendment which would add single family, duplex and multi-family Ord. 72, 1979 uses as permitted uses in the L-1 zone district. This district is at the periphery of L-1CodeAmendments the base of Aspen mountain; L-2 district is closer to the mountain. The intent in the denied code is to encourage construction and renovation of lodges and prevent the conversion to long,term rentals. The Council has previously amended the L-2 district to add single family and duplexes. Ms. Smith introduced into the record a September 14 memorandum from the planning office to P & Z; letter from Rick Sabbatini and his preparation of summary of development in the L01 district; map; resolution from P & Z. Ms. Smith told Council one of the advantages of this amendment would let residential uses become conforming and allow those uses to upgrade. Ms. Smith said she felt it was unlike~ to see a rush of single family and duplex applications; there is very little development potential in the L-1 zone. It is also unlikely the existing development in the zone woul( convert. Ms. Smith pointed out it has been argued there is little difference between lodge short-term and condominium short-term. One of the impacts Council is concerned about is the change in type of management. One the disadvantage side, if the city encourages conversions of lodges into other uses, they are damaging one of the most attractive features of the city; being able to Stay in a lodge. AlSo if you encourage the upgradinging of residential uses, this may be encouraging the displacement of long term rentals. Ms. Smith pointed out that the conversion of lodges into multi-family uses may be mitigated by the fact that the city attorney has given the opinion that the conver- sion of lodges into long term residences would require GMP application because of the addition of kitchens. Ms. Smith noted the GMP speaks to the over abundance of short-term accommodations in the Aspen area, which resulted in transportation problems between Aspen and Snowmass. A solution might be to limit the amendment to single family and duplex units. Ms. Smith told Council an alternative might be the lodge preserVation clause, which would allow Sabbatini to do what he intended if it were extended to residential uses. However, there are no parking requirements for residential uses in the lodge zone; this was elimin- ated because it was not applicable. P & Z recommended denial of this amendment and felt very strongly. There reasons were (1) it is unwise to change for one pice of property, (2) you can handle non-conforming uses through the preservation clause, (3) they felt this proposal might open the way for condominiumization of lodges, and (4) they felt the proposal would result in the reduction of lodge inventory and it would reduce the area where they should be concentrated. Ms. Smith told Council that the planning office has weighed the factors and believe that the disadvantages are outweighed by the advantages and that the impact will not be great in terms of potential for conversion. Councilman Van Ness closed the public hearing. Councilwoman Michael said it is ironic to look at an ordinance opening up a lodge distric- and then move into an ordinance on~.condominiumization of lodges. Council wants the moratorium because they are worried about a change in lodge units. Councilman Van Ness pointed out looking at the skier capacity, lodge capacity and residential capacity in tow~ the city has too many lodging units for lift capacity and not enough residential. Council man Parry agreed there is an imbalance in town, perhaps this would cut down on some of the traffic. Councilman Isaac moved to read Ordinance #72, Series of 1979; seconded by Councilman Parr~ . All in favor, motion carried. ORDINANCE #72 (Series of 1979) AN ORDINANCE AMENDING SECTIONS 24-3.2, 24-3.4 and 24-4.6 OF THE ASPEN MUNICIPAL CODE PROVIDING FOR PERMITTED USES, MINIMUM LOT AREA PER DWELLING UNIT AND RESIDENTIAL USES IN THE L-1 ZONE DISTRICT was read by the city clerk. Councilman Parry moved to adopt Ordinance ~72, Series of 1979; seconded by Councilwoman Michael. Roll call vote; Councilmembers Collins, nay; Isaac, nay; Michael, nay; Parry, aye, Van Ness, aye. Motion NOT carried. ORDINANCE ~74, SERIES OF 1979 - Moratorium on Lodge Condomiumizations Councilman Van Ness opened the public hearing. Ms. Smith told Council this ordinance was Ord. 74, 1979 at their request. A moratorium may give Council time to review the impacts of this Moratori~uon lodge condominiumization, which have just begun discussion. There is not a clear con- sensus of how to deal with ~odge conversions. This ordinance will enable Council to Lodge researsh the merits of the arguments without being pressured by applications coming in, Condc~ainiumizations and for this reason the planning office is recommending it to Council. Gideon Kaufman told Council the Lodging AssociatiOn ~has been meeting with staff, P & Z and Council on this and are rapidly coming up with recommendations and proposed legislatior for Council. The Lodging Association does not feel there is a need for a long moratOrium. Within the next 30 days the Association should have statistics and legislation prepared. Councilman Collins said he felt the time limit in the ordinance was too short. Council- woman Michael said Council's duty is to do this as quickly as possible. The power of a moratorium does not give Council the power to go on and on. Councilman Van Ness closed the public hearing. Councilman Collins moved to read Ordinance 974, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #74 (Series of 1979) AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBDIVISION OF LODGE AND HOTEL UNITS AND THE APPROVAL OF SUBIDIVISON EXEMPTIONS FOR THE PURPOSE OF CONDOMINIUMIZATION, TIME-SHARING OR SPLITTING THE FEE OF SUCH UNITS was read by the city clerk. Councilman Collins moved to adopt Ordinance ~74, Series of i979, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Michael, aye; Parry, nay, Isaac, aye; Collins, aye; Van Ness, aye. Motion carried. ORDINANCE ~73, SERIES OF 1979 - Mobile Home Park Regulations Councilman Van Ness opened the public hearing and stated Council had wanted a study sessiol Ord. 73, 1979 on this ordinance before second reading. Council set up a study session for November 21 Mobile Home Pa~ at noon. regs Councilman Van Ness continued the public hearing to November 26, 1979. Councilwoman Michael requested an executive session with the attorneys on~' the Aspen Institute and the Plum Tree Inn status. ORDINANCE ~75, SERIES OF 1979 - Mountain Bell Telephone Tax Ord. 75, 1979 Councilman Van Ness opened the public hearing. Finance Director Lois Butterbaugh told Mt. Bell tax Council it costs Mt. Bell less to serve urban areas than country areas. Originally 2 per cent of the revenues were paid to even that out. That was found to be unconstitutional because it was a gross revenue tax. The PUC will allow an overall cost item on the telephone bill. Councilman Van Ness closed the public hearing. Councilman Isaac moved to read Ordinance ~75, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #75 (Series of 1979) AN ORDINANCE CONCERNING REVENUE AND IMPOSING A BUSINESS AND OCCUPATION TAX ON TELEPHONE UTILITY COMPANIES OPERATING WITHIN THE CITY OF ASPEN; PROVIDING FOR THE COLLECTION OF SAID TAXES AND FOR PENALTIES WITH RESPECT THERETO was read by the city clerk Councilman Isaac moved to adopt Ordinance 975, Series of 1979, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Parry, aye; Isaac, aye; Collins, aye; Michael, aye; Van Ness, aye. Motion carried. ORDINANCE ~76, SERIES OF 1979 - Annexation of Koch Lumber Prperty Jim Reents told Council this annexation request is for property location at Garmisch and Ord. 76, 1979 Cooper; it does have 1/6 contiguity. The purpose of this annexation is to facilitate a Annexation housing project for the M.A.A. The property belongs to Hans Cantrup, who proposes to Koch Lumber build a facility for M.A.A. of 150 rooms to provide housing during their season as well as property a cafeteria. This would be available for lease during the winter season. Ashley Anderson representing Cantrup, showed Council the concept and general view of the proposal. Councilman Isaac asked what was planned for the old buildings. Anderson said they are looking for a place to move them. Councilman Parry moved to read Ordinances?976, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE 976 (Series of 1979) AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO was read by the city clerk Councilman Isaac moved to adopt Ordinance ~76, Series of 1979, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Michael, aye; Isaac, aye; Collins, aye; Parry, aye; Van Ness, aye. Motion carried. RESOLUTION ~20, SERIES OF 1979 - Housing Price Guidelines Reso. 20, 1979 Housing Price Jim Reents, housing director, reminded Council they adopted rental price guidelines in October 1978 to apply to the next building season, and also adopted a method to update guidelines these on an annual basis to allow for an inflationary factor. Resolution ~20 proposes two guidelines; those for new construction in the 1980 building season, and rental increase for anything approved to be built in the guidelines in 1979. Reents explained that the first guidelines, $.57, $.80 and $1.00, are proposed to represen at least a break even cost for an individual.applicant. $1.00 may seem excessive; howe~er it has been pointed out that the guidelines ~eflected a break evenl point for the residenti 1 zones. The commercial core has different code requirements for construction. Reents pointed out these guidelines are meant to be an incentive for the private sector to develo employee housing. Reents said there is a point at which this type of guidelines and the method of appreciation becomes inappropriate. However, under the current economy these figures reflect the building costs. Reents said these apply to any deed restricted employ housing as well as evaluation in the condominiumization issue. Councilwoman Michael asked why Section 7 says that separate guidelines apply for applica- tions under the growth management. Reents said if there is a project with free market Housing Price units subsidizing the employee units, the price might be a lot less. Dunaway pointed out Guidelines the main reason there are guidelines is so that people can allocate points under GMP and give bonus density housing. Councilman Parry stated these guidelines are too high. Councilwoman Michael said she did not want to adopt this resolution with the discrepancy in Section 7 for separate guidelines. Andrew Dracopoli told Council if they make the price numbers too low, no one will build employee housing. Reents pointed out that Sectio 1 and Section 2 have two different guidelines; Section 2 is for projects already approved Councilman Parry moved to read Resolution ~20, Series of 1979; seconded by Councilman Isa~ All in favor, motion carried. RESOLUTION NO. 20 (Series of 1979) WHEREAS, the City Council is required to establish housing price guidelines on or before October 15 of each year for consid- eration in granting points within the terms of the Growth Manage- ment Plan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That within the terms of Section 24-10.4(b)(3) the following housing price guidelines are adopted for housing which is approved under Section 24-1004(b)(3) after the effective date of this reso- lution until October 15, 1980: Low Moderate Middle Income Income Income Rental Price $.57/sq. ft. $.80/sq. ft. $1.00/sq. ft. Sale Price $59/sq. ft. $82/sq. ft. $102/sq. ft. Section 2 That within the terms of Section 24-10.4(b)(3) the following housing price guidelines are adopted for housing which has been approved under Section 24-10.4(b)(3) from October 9, 1978, until the date of adoption of this resolution. Low Moderate Middle Income Income Income Rental Price $.42/sq. ft. $.55/sq. ft. $.68/sq. ft. Sale Price $52/sq. ft. $62/sq. ft. $71/sq. ft. Section 3 That the above-adopted rental price terms do not include utility costs. A landlord may assess utility costs in addition to the rental price adopted. 2769 Aspen City Council November 12, 1979 Se. tion 4 Th. t the above-adopted rental price terms include the base propertI tax assessment. Increases in property taxes above those assesse, in the base year may be assessed, pro rata, in addition to the rental price adopted. For the purpo~ ~c~on the property taxes assessed in the base year will be defined as the )roperty taxes due and payable on the third year following GMP approval on the project or the property taxes due and payable on Housing Price the second year following the issuance of the final certificate of guidelines occupancy for the project, whichever is greater. Section 5 That the housing price guidelines adopted in Section 1 shall be modified from year-to-year in an amount equal to the increase or decrease in the Denver Regional Consumer Price Index. Such modification shall be made by the Council, or its designated administrative officer, on or before October 15 of each calendar year. The provisions of this section notwithstanding, the rental price of any unit may not fall below the rate established in the year in which the project application received Growth Management approval. Section 6 That the housing price guidelines adopted in Section 2 shall be modified from year-to-year in an amount equal to the increase or decrease in the National Housing Index averaged with the increase or decrease in the Denver Regional Housing Index. Such modification shall be made by the Council, or its designated administrative officer, on or before October 15 of each calendar year. The provisions of this section notwithstanding, the rental price of any unit may not fall below the rate established in the year in which the project application received Growth Management approval. Section 7 As the price guidelines are modified from year-to-year within the terms of Sections 5 and 6 above, they shall, as modified, apply to low, moderate and middle income housing previously approved, but separate guidelines shall be adopted for applica- tions seeking approval under the Growth Management Plan. Councilman Parry moved to adopt Resolution ~20, Series of 1979; seconded by Councilman Isaac. Councilmembers Parry and Isaac in favor; Councilmembers Van Ness, Michael and Collins opposed. Motion NOT carried. Councilwoman Michael stated she is looking for a redraft and is not against price guide- lines. Councilwoman Michael said she wanted to know exactly where they go, and the different guidelines. Councilwoman Michael moved to reconsider Resolution #20, Series of 1979; seconded by Councilman Collins. All in favor, motion carried. Councilwoman Michael moved to table Resolution #20, Series of 1979 to the next meeting; seconded by Councilman Collins. All in favor, motion carried. Councilman Collins moved to adjourn at 9:02 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Kathryn S~ Koch, City Clerk