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HomeMy WebLinkAboutminutes.council.19800114 Regular Meeting Aspen City Council January 14, 1980 Commissioner Kinsley called the meeting to order at 4:10 p.m. with Councilmembers Isaac, Michael and Collins present and Commissioner Child. Also present City Manager Chapman, City Attorney Stock, County Attorney Stuller, and County Manager Ochs. 1. Qpen Space Master Plan. Jolene Vrchota, planning office, told the Boards that the P & Z commissions were going to consider these amendments for adoption and would like comments from the Council and Commissioners. This plan has been written by the Open Open Space Space Advisory Board after much discussion. The plan establishes well-defined county- Master Plan wide policy of open space as an element of planning, and recognizes the vital role it plays in the County. The plan provides to~ls for examining open space; sets out criteria including preservation of agricultural lands, natural ecological systems, etc. The OSAB felt it would be useful to have maps identifying areas where the specific criteria are located in the County. The implementation of the plan section emphasizes coordination between public and private sectors. The OSAB recommended there be a coordinator specifically dealing with open space and hired Dan Pike with their funds. Pike will act as a liason between the public and priva~ interests, will set up private funding mechanism, will establish long range planning and ii bring a coherent program. Ms. Vrchota said she would like to get recommendation from ii the Boards for the adoption of this plan. Dan Pike told the Boards he had worked for Nature Conservancy and has had experience in fund raising. Pike said he would like to i~ set up some long range acquisition alternatives, and would create an advocacy role in il negotiations for acquisition. Councilman Isaac asked he the Boards were giving away ii authority by this agreement. Ms. Vrchota said the plan delineates more closely what the ~! intentions a~e; it does not give away any authority. Ms. Vrchota pointed out this i~ plan estabiishes framework for open space only; it does not say what land will be acquired. The plan provides a clearer opportunity for people who are interested to ~ ii participate. Councilman Isaac asked that Pike keep in touch with the Council and Commisqi sloners. Pike said he has a contract to perform certain services. Karen Smith, plannln~ director, said any acquisition proposed could be approved by the city and county. The OSAB is a recommending board; they do not take action. Councilman Behrendt moved to recommend approval of the plan to the P & Z Commissions; seconded by Councilman Collins. Commissioner Child said the framework of the plan seems to be oriented not county-wide but in the Aspen area, and that is the weakness of the open space program. Commissioner Child said this is evidenced as the maps show only Woody Creek and Aspen area. Child said a large percentage of the open space is agricultural land which is in the outlaying areas ofi the county. Ms. Vrchota agreed this is concentrated on the corridors of Highway 82. Ms. Vrchota agreed it would be appropriate to express that the plans intent is to deal with th entire county. Councilman Behrendt amended his motion to add to the open space master plan an indication that the scope is to include the entire areas of Pitkin County; seconded by Councilman Collins. All in favor, motion carried. Pike said he is trying to sit down with alot of people county-wide and get their feelings on what ought to be done where. Pike said he would like to get together with anyone on Council and Commissioners that is interested. 2. Planning Office Contract. Ms. Smith told the Boards this is essentially the same con- tract as past years. The purpose is because the planning office is an intergovernmental agency, it needs to be organized by rules that transcend either the city or county and reflect the cooperative effort in land use. The contract specifies the duties of the city/county planner and the organizational relationships to the managers and Council and Planning Office Commissioners. County Attorney Stuller pointed out a reference to the' powers of the city Contract manager with respect to the administration of the planning department. Ms. Stuller recollected this was inserted two years ago as the city manager felt he could not abrogate the powers of the Charter to allow the planning director to hire and fire. Ms. Stuller said if it is true this is an intergovernmental agency and the powers are itemized, why is it necessary to keep the language. Ms. Smith agreed it seemed to be contradictory. City Manager Chapman said he had no objection to taking it out. Councilman Behrendt moved to approve the planning office agreement with the amendment of deletion of the final paragraph~ seconded by,Councilwoman Michael. All in favor, motion carried. COUNCIL MEETING Mayor Pro Tem Behrendt called the meeting to order with Councilmembers Michael, Parry, Collins, Isaac, and Van Ness present. MINUTES Councilman Isaac moved to approve the minutes of November 26, December 10, 17, 21, and 27 1979; seconded by Councilman Parry. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Isaac questioned an unauthorized purchase order to John Stanford. Finance Director Butterbaugh said that was to finish up work on the Wheeler Opera House grant study and should have come off a purchase order. Councilman Isaac moved to approve the accounty payable; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION 1. Ashley Anderson, representing Hans Cantrup, told Council they had submitted a resi- dential GMP application and was told last week the planning office rejected the applica- C~Papplication tion. The employee housing portion of the project is in the historical overlay zone necessitating approval of the HPC before submitting the GMP application. Anderson said he Hans Cantrup may have some due process agruments; however, on the technicalities of the Code, City ~mployee Attorney Stock had to go along with the rejection. Anderson said he is looking for some- Housing thing from Council which would preclude prejudice from attaching the application. Waitin¢ two weeks may be to~ late from the standpoint of other applications. Councilman Parry moved to put this on the agenda; seconded by Councilwoman Michael. All in favor, motion carried. (Mayor Edel entered the Chambers) 2. Les Dawn told Council he is now a member of a citizens board that has formed to deal C~'~L~unity with the community garden problem. The Board is trying to desing a community greenhouse Garden and come up with land so that they can feed as many people as possible year round. Dawn asked the Council if they had recognized the problem of fluoride in the water. Dawn said there are two different types of fluoride; sodium and calcium fluoride. Sodium fluoride is an insoluble consistency and is in the city water system. Sodium fluoride is rat~ poison, goes into the water system and becomes toxic. 3. Brooke Peterson presented a petition to Council asking that the city initiate steps necessary for form an Urban Renewal Authority. This is one of the steps that might be necessary in consideration with the Smuggler process. The next step is that the Council Urban Renewal needs to set a public hearing to make a determination as to whether an Urban Renewal Authority Authority has to be formed within the city. Peterson said he would like to have this done at the next Council meeting. COUNCILMEMBER COMMENTS 1. Councilman Isaac brought up a memorandum from Wayne Chapman about a meeting with Janet Roberts. Council decided they did not need to have a meeting. 2. Councilman Isaac said it might make sense to have somebody from Council as an ex officio members of the Open Space Advisory Board. Ms. Smith told Council the OSAB meets OSAB Council twice a month, however, they may meet more often if they go into fund raising. Councilmal as ex-officio Behrendt said he would serve. 3. Councilman Behrendt requested City Manager Chapman to assign times to the Council agenda with City Clerk Koch. 4. Councilman Behrendt said he would like to know what the present plan of the street Street plan department is, and asked Chapman to look into why a number of roads have not bqen cleared iRE. plowing 5. Councilman Behrendt asked Chapman also to look into the high piles of snow. 6. Councilman Behrendt moved to add to the agenda Special Event Permit for the Tri-Count, Youth program; seconded by Councilwoman Michael. All in favor, motion carried. 7. Councilman Behrendt requested the Mills report be moved up on the agenda. 8. Councilman Behrendt reminded everyone to be at the Airport at 10:30 a.m. to welcome the Austrians. 9. Councilman Behrendt told Council the Rio Grande study group wishes to make a presenta- Rio Grande tion to Council to get started on the implementation of the plan. The meeting was plane scheduled for Wednesday, January 16th at 5:00 10. Councilwoman Michael said the Council had asked staff to pursue the idea of the city Sales taxon rescinding the sales tax on food within the city limits. Councilwoman Michael said she food would like to discuss the implications of this at the next meeting. Mayor Edel said he would like to discuss raising the $21 to a more appropriate fee and requested staff to have figures on that. 11. Councilwoman Michael moved to put the Beth Isreal transportatibn request on the agenda; seconded by Councilman Behrendt. All in favur; motion carried. Councilwoman Michael said Beth Isreal hospital has a conference in Aspen every~year. Two years ago the received free City of Aspen bus service to and from the Institute for 7 Transportation days. Last year the service was extended without Council approval. Councilwoman Michael request - said the transportation department would like to charge this group as every other group. Beth Isreal The entire service would cost about $725. Councilman Van Ness agreed the policy has been buses are provided at cost unless it is a charity situation. Councilman Isaac asked if this would fit in with the bus schedules. City Manager Chapman said the city had a contractual obligation to provide a certain number of buses on all routes. Chapman said if the service was offered, he assumed it could be done. Chapman told Council he would look into this. Councilman Behrendt moved to approve the request at cost subject to Chapman following up so there is no scheduling problems; seconded by Councilman Isaac. All in favor, motion carried. !/. ~ SPECIAL EVENT PERMIT - Tri-County Youth Council Special Event Shirley Pittz told Council they were requesting a special event, permit for February 8 for Permit - an art ~uction at Paepcke auditorium. It is to raise funds for the Tri-County Youth Tri-County Council and Shelter program. Youth Council Councilman Behrendt moved to approve the special event permit; seconded by Councilman Parry. All in favor, motion carried. APPOINTMENT OF MUNICIPAL JUDGE - ONE DAY There was a request in the packet from Ron Garfield to be appointed Municipal Judge for February 16 to marry some friends. Councilman Behrendt moved to approve, the appointment of Ron Garfield as Municipal Judge for February 16, 1980; seconded by Councilman Collins. Ail in favor, motion carried. LIQUOR LICENSE TRANSFER - George Vicenzi (Duvike) Liquor License George Vicenzi told Council that the previous tenants went broke and he is in the process transfer of trying to re-lease the premises. Vicenzi said he would like to hold the license until Duvike a lessee is found or he may operat~ the premises himself. Councilman Collins moved to approve the liquor license transfer to Vicenzi; seconded by Councilman Behrendt. All in favor, motion carried. Fire Marshal Bob Jacobs pointed out that Vicenzi has to obtain a building permit before any alterations are made. VISUAL ARTS CENTER LEASE City Attorney S~ock told Council this lease meets the requirements of the Council's positi)n Visual Arts over the last couple budget years that the Visual Arts Center should have the use of the Center lease space but should not be subsidized as to utilities or repairs unless that subsidy is shown as a budget process. Stock recommended 4 changes to the lease and has discussed this with Marty Kahn, representing the VAC who has no problem with the changes. Stock told Council on page 1 he would recommend something less than a 20-year term. The VAC would like as long a term as possible. There is a termination provision within the lease which allows a 6 month notice of termination. Stock said he felt 20 years is an excessive amount of time and Council should not be bound for that period of time. The lease should come up for review periodically. Mayor Edel agreed this should be looked at more often. Councilman Van Ness asked if the understanding were that the termination was without cause Stock said that was the understanding and he would add those words to the lease. Council- man said in effect that makes this a six month lease. Councilman Behrendt said a sh~t term lease makes raising money more difficult and would like to go with 20 years with the six month termination clause, without cause. Secondly, Stock recommended the liability insurance be at $400,000 as there is a Colorado law which waives governmental immunity up to $400,000. Councilman Behrendt moved to V~ lease raise it to $400,000; seconded by Councilwoman Michael. Councilman Van Ness said he felt it would be a better practice for the city to get the insurance and bill the VAC to avoid having the insurance lapsing. Stock said it could be done that way. City Manager Chapma~ pointed out it is additional work. ms. Butterbaugh said in the past the city has waited up to two years to collect the monies. Councilman Collins noted this is in the flood plain and it may not be covered by flood insurance. Stock said the city could not purchase floor insurance for the building under the Federal government program, which is the only available flood insurance. The city will not be able to insure for that loss. Council voted to have the liability insurance at $400,000. Stock recommended striking (7) which gives the VAC the right to sublease or assign. The Council is giving them a lease because of who they are and what they are doing; therefore they should not have the right to sublease. Council had no ojbections. Stock said in (10) he will add "without cause". In (13) he recommended the inclusion of the words, "or the city manager". Chapman said that was included because a Councilmember may feel a conflict being an ex officio member of the VAC and then voting on VAC items on Council. Mayor Edel said the VAC wanted a councilmember first. This is at the choice of the lesso~ Jay Hammond, engineering department, said in consideration of the mechanical system installed in the building, which is elaborate and expensive, suggested the lessee be required to contract for a contractor to maintain that system. Hammond told Council there is one piece of equipment which no one locally is qualified to work on. The Council might require the lessee have someone on line to do the Leber work that is qualified to work on it. Mayor Edel suggested Stock and Chapman get together and work on this. Councilman Collins noted the lease states that the lessee maintain the interior of the premise, and asked if that should include the exterior at least in some general arrangement. Council- woman Michael said she understood the arrangement was the city would pay for the costs of the exterior improvements. This lease~h~§ to do with keeping things in good repair and clean, does this mean the city crews have to go to the VAC and clean up. Mayor Edel-said he thought the city was to take care of the exterior of the building in terms of repair, but maintenance in terms of policing and clean up was not the wish of Council. Stock told Council the VAC had wanted the city to expend a large sum of money to landscape and decorate the grounds. At that point the Council said no, and has not budgeted any funds for landscaping of the grounds. This language comes about because if the grounds are not landscaped, the VAC does not want to do the gardening. Councilman Collins said that general maintenance, window washing, watering, sweeping, should be included in their responsibility. Councilman Isaac said he ~eeling was that the VAC is resp6nsible for the building, and the city is responsible for the grounds. Councilwoman Michael agreed with Collins that there should be some language that general pick up and clean up is their responsibility. Councilman Isaac said the services should be done at the lowest expense to the community - whether it is city or VAC. Finance Director Butterbaugh recalled ther~ was a division of land that the VAC would take care of, and there was a designation of land the VAC wanted formally landscaped. The City had agreed they would do maintenance oi the outside areas but not on the inside areas. Stock Said he understood that the lessee would do general maintenance of the grounds, perhaps with the limitation it is only the immediate grounds and the driveway, and that the city will have the responsibility to plow. Mayor Edel asked that Stock amend the lease and bring it back to Council for their approval at the next meeting. Councilman Collins asked for a legal description for "surrounding property" in paragraph 3. Councilman Collins asked for the word "Charter" to be added at the end of (3). REQUEST FOR ENCROACHMENT - Paradise Theatre Someone representing the Paradise Theatre request a license approval for an existing bracket for a sign over city property. This was installed by Rick's American Cafe but Encroachment never approVed. Councilman Behrendt pointed out there is space on the building to hang Request - a sign close--to the building. Councilman Behrendt pointed out the city has tried not to Paradise have signs hanging all over. Councilman Parry said every sign in town encroaches or is Theatre out over the sidewalk. Most signs are small and good looking. Councilman Van Ness said that signs do serve a function of telling people where they are going. Councilman Behrendt moved to deny the request; seconded by Mayor Edel. Councilman Behrend and Mayor Edel in favor; Councilmembers Van Ness, Michael, Isaac, Collins, Parry opposed. Motion NOT carried. Councilman Parry moved to approve the request for encroachment; seconded by Councilwoman Michael. Councilman Van Ness requested that the sign be limited to 6 feet. Councilman Parry noted the standard size is 10 feet. Chapman said the Council can revoke the encroachment licens if the sign is too big. All in favor, with the exception of Mayor Edel and Councilman Behrendt. Motion carried. REQUEST FOR ENCROACHMENT - Bank of Aspen Building Ron Garfield told Council he was representing the group purchasing the Bank of Aspen and Encreact~ent the Mill Street Station building. There were five separate encroachment agreements; two Request are for the Bank of Aspen and three for the Mill Street Station. The latter three have Bank of Aspen been withdrawn. The two encroachment requests .for the Bank of Aspen are for the roof overhang and the planters. Garfield said he could not find evidence that these were ever approved when the work was done. These are existing encroachments. Councilman Behrendt moved to approve the Bank of Aspen encroachments; seconded by Council man Parry. All in favor, motion carried. SUBDIVISION EXEMPTION - Stege Richard Grice, planning office, told Council this is an existing duplex on Cemetery Lane, suvdivision one unit is owner-occupied and the other has been rented for $650, which slightly exceeds Ex~ption the rental guidelines. The engineering department recommends approval subject to the ~Stege dedication of a couple of easements and the agreement by the owner to enter into a curb and gutter, ~idewalk agreement. The city at~orne~ recommends approval subject to the six month lease provisions. Grice pointed out there is a letter from Gideon Kaufman address- ing the housing section of the code and offers a five year restriction on the lower unit at a base rental of $650 per month. The housing director accepts that. Grice stated the planning office recommends approval with the easement, sidewalk agreement, six month rental agreement, and deed restriction for 5 years at $650 per month. Grice said the P & Z reviewed this application, and Kaufman persuaded them to accept a 3 year rental restriction on the lower unit. However, the planning office remains with the 5 year restriction. Gideon Kaufman told Council in October when the application was filed, he was under the impression that new guidelines would be adopted which would have a 17 per cent increase. This has not been adopted. Kaufman pointed out that there is no requirement this unit be deed restricted at all; however, they feel they can li~e with a 3 year restriction. Councilman Parry moved to approve the subdivision exemption with the conditions outlined and a 3 year deed restricted at $650 on the lower unit; seconded by Councilwoman Michael. All in favor, motion carried. SUBDIVISION EXEMPTION - Horan subdivision Grice told Council this is an existing duplex on Cemetery Lane with the upper unit owner- Ex~ption occupied and the lower unit rented to a relative. Grice stated he did not'believe this Horan to be part. of the low, moderate and middle income housing pool. The engineering depart- ment requested a survey be submitted, which has been done, and also requested the owner to enter into a curb, gutter and sidewalk agreement, and an easement dedication. The city attorney recommends approved with a six month minimum lease provision. The housing director agrees neither unit is part of the housing pool. The P & Z recommendations were identical to those of the planning office. Councilman Collins moved to approve the subdivision exemption subject to the P & Z recom- mendations including the survey submittal, sidewalk, curb~ and gutter improvement agree- ment; a 10 foot overhead utility easement, and six month minimum lease restriction; seconded by Councilman Isaac. All in favor, motion carried. SUBDIVISION EXEMPTION - Oliver Grice told Council this is located on Pitkin Mesa, Lot 8, and involves a duplex under ~'Subdivision construction with no rental history. A single family house was removed, which had been Exemption occupied by the owner for 3 years. The engineering office recommends approval if the Oliver owner enters into an agreement for curb, gutter and sidewalks. The city attorney recom- Lot 8, Pitkin mends approval with a six month minimum lease. The P & Z and planning office recommend Mesa approval with the six month minimum lease, and the sidewalk improvement ~greement. Councilman Parry moved to approve the subdivision exemption subject to the P & Z recom- mendations outlined in the memorandum; seconded by Councilwoman Michael. All in favor, motion carried. SUBDIVISION EXEMPTION - Latta Sunny Vann, planning office, told Council this is located on Mountain View drive and one- subdivison half of the duplex has been owner-occupied by 7 years. The adjacent unit has been leased E~emption to the current tenant for 5 years. The owner is proposing to sell the second unit to the Latta current tenants and agrees to a 3 year restriction. The engineering department notes thisi has never been platted and recommends an exception from full subdivision. The city attorney concurs and suggests Council either require full subdivision or exception. The city attorney notes the approval should be conditioned upon a 6 month minimum lease restriction. The housing director has no objection because the sale is to the present tenant and will not impact the housing poot. There will be a 3 year deed restriction so the tenant cannot turn around and sell the unit at great profit. Councilman Parry moved to approve based on subdivision exception in order to secure a fina~ plat of the property; approval should be conditioned upon the owner-applicant complying with the six month minimum lease restriction, and the 3 year deed restriction; seconded by Councilman Collins, All in favor, motion carried. SUBDIVISION EXEMPTION - Pedersen Grice reminded Council this was tabled from a previous meeting because the WPW subdivision! Subdivision exemption had certain conditions; these were summarized in the packet. This was approved Ex~ption subject to two conditions; (1) a .3:1 FAR limit On the lots. The proposed duplex meets Pedersen that FAR limit, and (2) all lots had to receive individual historic designation. The Lake Avenue applicant went to HPC, received approval and the HPC approved the design plan. Grice told Council the planning office recommends approval subject to the 6 conditions of the engineer ing department and the six month minimum lease provisions. Councilman Behrendt moved to approve the subdivision exemption subject to the 6 engineerin conditions and the six month minimum lease; seconded by Councilman Parry. All in favor, motion carried. Aspen city Council January 14, 1980 MILLS D~CISION REPORT Gideon Kaufman, representing the city in this case, told Council he had made a motion to Wally Mills Court'-that the city's interpretation was correct. The judge ruled with the city and case - decision granted a motion to dismiss, rather than having to go to trial. The §ituation now is that Mr. Mills does not have the legal right to condemn the city's property for a private right-of-way. The city has two choices; (1) sell the right-of-way to Mr. Mills for what the~ity wants to. Mills has agreed to pay $15,000 for a smaller right-of-way; however, the city's engineering department appraised the property considerably higher. The city can negotiate with Mills. (2) The city has the option not to sell at all. Mayor Edel directed city manaager Chapman to negotiate with Mills or his attorney ORDINANCE #77, SERIES OF 1979 - Recreation Van Lease Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Ord. 77,1979 Councilman Behrendt moved to read Ordinance #77, Series of 1979; seconded by Councilman Rec Van Lease Isaac. All in favor, motion carried, ORDINANCE #77 (Series of 1979) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A VEHICLE LEASING AGREEMENT BETWEEN THE CITY OF ASPEN AND REY MOTORS, INC., WHICH LEASE IS FOR A TERM OF THIRTY-SIX MONTHS AND PROVIDES FOR A MONTHLY PAYMENT IN THE AMOUNT OF $276.56 was read by the city clerk. Councilman Behrendt moved to adopt Ordinance #77, Series of 1979, on second reading; seconded by Councilman Parry. Councilman Isaac asked if the mileage allowance of 15,000 was for the whole lease. Chapman answered it was for the whole lease, 3 years, after the term of the lease rather than paying the mileage allowance, the city can negotiate a price to buy the vehicle. Roll call vote; Councilmembers Van Ness, aye; Isaac, aye; Parry, aye; Behrendt, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE #78, SERI~.S OF 1979 - Housing overlay Karen Smith, planning director, said that th~s ordinance is primarily intended as an incentive for production of more employee housing units. This grants that incentive which Ord. 78, 1979 are at least 50 per cent deed restricted units, employee housing, restricted to price and Housing Overlay income categories over a long period of time. This ordinance would offer an increase in defeated density to those projects which are at least 50 per cent employee units by modifying the zone district's requirement for minimum lot area per dwelling unit. This would result in the possible doubling of density ~ermissable in any zone district. This ordinance creates a procedure for reviewing the appropriateness of this increase in density. This procedure follows the normal rezoning procedure in the Code with a public hearing before P & Z and a Public hearing at City Council with notification to property owners. Ms. Smith pointed out the ordinance also provides for a description of what kinds of contents are to be submitted to city staff and P & Z, which is intended to provide infor- mation for the public. The procedure provides for-pre-application conference with the applicant for better understanding on bbth sides. This conference was added to the pro- cedure to try to guide applicants toward a project which mets with the city objectives and prevent an unacceptable direction. There are ~eferral agencies identified, which are the same as those for subdivision review; these are in a compressed time frame. Any multi-family projects must go through a subdivision process also, however it is a shortene, process. Section 24-10.9 includes the review criteria, this is to assure that projects are done compatibly with the neighborhood, encourages clustering of projects to reduce impact on surrounding land uses, encourages innovative designs, to minimize the environ- mental impacts on any neighborhood. These review criteria steer an applicant in the direction of trying to do projects in an area which are not primarily developed with a uniform density. Ms. Smith told Council this ordinance provides an additional incentive for employee housin, in the framework of exempting projects which are at least 70 per cent deed restricted unit: from the necessity of growth management review. The ordinance does not discount the free market units but subtracts them from the quota over a period of years. Ms. Smith said there are some zone districts which are inappropriate for an overlay of housing; R-15A, MHP, RR, Academic, Conservation, Park and Public zones. However, the R-15A and Public zones may be appropriate in some circumstances. Another concern is that this ordinance would be unbounded in terms of density and scale impact; that there are certain area and bulk requirements which should not be violated. The ordinance identifies whiCh area and bulk requirements can be modified by special review. The minimum lot area cannot be modified; nor can the minimum lot width, setbacks, height requirements. In zone districts where there are open space and FAR requirements, these are allowed to be varied by special review; CC, S/C/I, N/C, C-l, L-l, L-2, C/L zones. Parking standards in all districts are allowed to be varied by special review of the Council by a previous ordinance. However, this ordina~nce has criteria that parking may not be modified if it would do damage to the neighborhood. Ms. Smith stated that variation in external FARs is permitted up to a certain amount. The intent of this is to allow for a bonus but not a wide variations to keep some uniformity. This housing overlay does not allow m~xed use projects. Ms. Smith acknowledged that in single family and duplex areas, this ordinance offered an opportunity to double the densit~ . This was considered by P & Z very heavily, and they chose to recommend adopting very carefully worded criteria to guide the development of applications away from doubling of density if that was goin~ to have adverse impacts on the neighborhood. The criteria is to guide the application to be compatible in terms of scale, parking, visual, site impacts, and people impacts. P & Z felt there may be areas within the single family and duplex zoned areas that are appropriate for an increase in density and Housing Overlay can be compatible. The P & Z wanted the opportunity to be able to disberse the impacts ~publichearing of employee housing. Ms. Smith said there are four alternatives that may address some of the concerns of the public. (1) Prohibit applications on lots of a certain size and only consider this on lots larger than minimum lot size. (2) In some zone districts talk about caretaker units rather than increasing the density. Caretaker units could be limited in size, could be attached. (3) An increase of 25 per cent.~ (4) Prohibit multi-family uses in single family and duplex zone districts. Mayor Edel opened the public hearing. 1. Drake Jacobs said the city does have an employee housing problem, and he would like to see people in town participate. This problem should be approached from a community- wide problem and should have community-wide solution to this problem. 2. Don Ensign said there is no doubt that a few projects will not be totally good projects. However, this ordinance goes as far as it possible can in protecting property owners against things of that kind happening. Ensign stated the ordinance is an excellen one in offering incentives to help solve the employee housing problem. Ensign said he could not imagine what the incentive would be to go into a single family neighborhood and apply this ordinance; the incentives should be in areas that are currently undevel- oped. 3. Fritz BenediCt said he did not think built up areas are in very great jleopardy. Benedict said the staff has reacted very well to the concerns. This ordinance appears primarily for property that is undeveloped and gives opportunity for a lot of employee housing. 4. Bayard Hovdesven presented a list of concerns in writing to Council. Hovdesven stated he is against this ordinance and believe the private sector can provide all the employee housing requirements without burdening the taxpayers or financially obligating the government. Hovdesven said he did not feel existing zoning should be torn up. 5. Jerry Fells said employee housing is needed; however, Aspen is well-known for its aesthetics and has spent many years working to keep up the feeling of Aspen. This ordinance, in one fell swoop, is in danger of ruining what has been done. 6. Anne Austin said she felt directly affected by this and is opposed to it. This ordinance wo~ld provide all the houses in her subdivision to be made into duplexes and would double the density and increase the traffic. This ordinance opens up more possibility for more violations of the subdivision covenants. City Attorney Stock said that~ no pri~ate covenants are enforced by the city whatsoever. The city is not party to them and no decision has ever been made by the city that that is appropriate. 7. Michael Gassman stated he is opposed to this ordinance; employee housing is turning into a hysterical crusade. Gassman said it is easy to say if you provide more density and more housing, the employee problem will be solved. Gassman contended that is not true; the solution is not through increased density. Gassman pointed out there have been trends in Aspen of trying to preserve what we have got. Gassman said it seemed to him that in the name of employee housing, the city has tossed out the GMP without giving it a fair chance. Gassman said there has been a struggle to limit the increase in growth and the deletion of open space. The density increases in this ordinance are very substantial and could destroy the residential areas in town. 8. Olof Hedstrom, chairman of P & Z, stated the commission was not indifferent to the concerns being expressed. Hedstrom stated they began the process developing this ordinance almost a year ago on the premise that housing and employee housing was a critical area and a high priority need. Hedstrom said P & Z tried to devise an ordinance that would encourage additional employee housing wherever it was possible, at the same time recognizing the creation of employee housing inevitably involves costs to the community financially and socially. They tried to minimize those costs. Hedstrom said they created sections that encouraged the creation of housing by increasing the density, at the same time put the review and approval process tight enough and restrictive enough so that the review process would minimize the adverse effects. 9. Buzz Dobkin contended that this utopia looking for combined employee housing with free market housing will not work. Dobkin said it was his idea that we should get an area that working people can afford to live and let the free market places be built for free market and develop other areas people can afford. 10. W~lton Anderson pointed out this is a long and complicated ordinance; it will not allow boarding housing in residential areas; it will not automatically double anything. This ordinance gives a floating designation people can apply to the City for. The application process is very long and complex; there are any number of reasons for the city boards to turn projects down. This ordinance allows the private secto~ to do something. No one is guaranteed double density. 11. Portia Whitaker stated she is very definitely opposed to Ordinance 978. Ms. Whitak~ pointed out the Council is elected officials and she stated she did not know what the citizens had to do to get the city to enforce the laws they already have. 12. Linda Vidal said this ordinance should be addresssed to lots 15,000 square feet and larger. Ms. Vidal recognized the fact there employee housing problems; however, the residential neighborhood should not be changed in order to address that problem. Some of the alternatives listed should have been addressed when this was started. 13. Betsy Gile noted there are many categories of employees. There has got to be a need for a residential area in this town. There is a need for housing for people who want single family homes and places for their kids. Housing Overlay 14. Max Marolt stated he was distressed at this overlay proposition; this overlay is in Public hearing direct opposition of the whole principle of this area, which is to keep the zoning and the density down. Marolt said the city should work with the county, go out into the county and find places for employees to live. Marolt said it is wrong to increase the density in areas that people live. 15. Roy Vroom pointed out the density in the city was cut in half four years ago~and then cut-in half again. Property values have increased becanse of this. Now the city is tryin~ to double the density. Vroom wondered what will be accomplished by this ordinance. People that have purchased land are relying on present zoning and density. Vroom said he did not believe this is the approach to solving employee housing problem. Vroom said the applica- tions would be endless and would not put a dent in the employee housing problem. Vroom said duplexes, fourplexes, and multi-family units do~not foster pride of ownership, 16. Bev Reese said this ordinance is already in effect. The city is not stopping four- plexes nor people from renting out rooms. This ordinance would take an area which is generally for raising children and turn it into a jungle of cars. Ms. Reese stated this ordinance will destroy Aspen. 17. Don Ball said Aspen will not double in size overnight. This ordinance is one possible method of solving a very critical problem. Ball said he did not think there will be mass building. 18. Ramona Markalunas said that Ordinance 78 will not solve the employee housing dilemma; in fact, it appears to create more dilemmas than it solves. This ordinance will destroy the last residential neighborhood in Aspen. This will double density and legalize bandit units. Ms. Markalunas stated in spite of many reports to city staff and Council, there are still many bandit units in the R-6 zone because the existing zoning is not enforced. Ms. Markalunas said the city adopted zoning controls in 1956 and followed up with numerous rewrites, all of which have been readable. This is not true with Ordinance 78; it is a confusing, generalized ordinance. Ms. Markalunas said this ordinance creates many alterna- tives by special review; this is a very dangerous process. Everything comes down to special review and is don~ by midnight oil. Ordinance 78 appears to be a bad attempt at rezoning the entire town without mentioning it to anyone or giving the proper notice. It seems that much has been left to interpretation and will only legalize chaos. Land is still available for constructing employee housing. There are developers better equipped than the city goverD_ment to construct and operate employee housing. 19. Bill Martin said he did not like this ordinance and feel it is approaching this from the wrong direction. Aspen has become an island because there is the GMP all around, whic~ prohibits people from doing anything. Martin implored Council to get with the county and Basalt because what they do affects everything downvalley. Martin said there is ground in the county and in this city that can be developed with employee housing for which this overlay is not necessary. 20. Mary Martin said she would like to see a study on how much employee housing problem there is, and do employees want houses or dorm room. Ms. Martin said some employees may not want houses. 21. Francis Whitaker presented a petition signed by 26 residents in the Snowbunny area expressing concern of raising the density in the residential areas. The trend has be~n to downzone and reduce density, and Ordinance 78 is not in conformity with the master plan Whitaker said permitting boarding houses and dormitories in a low density zone is unaccept able. This ordinance leaves all residential zones in the city wide open for these uses. Whitaker objected to the sentence stating that applications would be preferred which legalize illegal units. Whitaker said the density increases will take place to the detri- ment of the residential zones; this is the main concern of people opposed to the ordinance The density is high enough now. Whitaker said it would be better to concentrate employee housing in some of the existing higher density zones rather than scatter them all over the residential zones. 22. Roger Hunt, member of P & Z, pointed out private enterprise has not solved the problem. In one survey, less than 10 per cent of the employers were interested in parti- cipating in solving the employee housing problem. Hunt said the ordinance is flawed in that the ordinance does not keep units approved in the rental mix. Hunt said he felt the city should retain the right not to allow future condominiumization of units approved unde this ordinance. Hunt said with this modification, Ordinance 78 is a reasonable ordinance and has all the protections necessary to protect people's interests. 23. Budge Bingham said he was opposed to this ordinance for reasons already discussed. Bingham stated current zoning and codes are not enforced. There are elements of this ordinance that are not clearly understood, and this ordinance would not be enforceable. 24. Paul Crouch objected to the ordinance and said he felt it was very vague and gives power to the city to make decision about property. 25. Bil Dunaway objected to the fact that density transfer is left into the ordinance when the P & Z asked that it be deleted and put into a separate ordinance. 26. Curt Baar said he was opposed to this ordinance. 27. Ashley Anderson noted there was an employee housing conference which generated a lot of spirit. Now the ball is in the city's park. There is an employee problem and something has to be done. People here are objecting to this ordinance applying in single~family and · ~=~ ~'~==u~ aspen u~y uouncz± danuary duplex zoned areas. Anderson said employee housing problems cannot be solved by putting one unit here and one there. 28. Dick Fitzgerald stated there is an employee problem; however, this ordinance is not the way to solve it. Fitzgerald said there are a~lot of violations of the zoning code i.Ord. 78.1979 in West Aspen, and the building department has said they won't do anything about it. ~!HousingOverlay ~defeated Jim Reents, housing director, stated a number of concerns expressed are valid. The ordin. and the processes gone through has tried to address these concerns, but give some flexi- bility to provide employee housing. Under the current regulations and market conditions, the city cannot respond to the individual or developer willing to provide employee housin Mayor Edel closed the public hearing. Councilman Isaac agreed there are problems with this ordinance; however, the comments tonight were very "me"-oriented, my house, my piece of land. Councilman Isaac pointed out there is a community here and the community feeling should be kept alive. This is an integrated community and the employees have to live somewhere. Councilman Parry said some areas should be rezoned for higher density, and this ordinance should not apply to residential zones. These suggestions should be looked at. Councilwoman Michael said she had problems with broad brush proposals like this. If there is a need to look at the density, it should be looked at in terms of different neighborhoods. Councilwoman Michael pointed out coming in front of Boards is not easy for many people, and the review criteria on this ordinance is very difficult. Councilwoman Michael said the end of this ordinance is good; however, the ordinance completely messes up the means. Councilwoman Michael said she is looking for a long term solution that will be acceptable to all sides. Councilman Collins said the planning office and P & Z has put a lot of work into this ordinance; the original concept was bad. Councilman Collins said he felt this housing overlay would cut the legs out from under the GMP. It might be better to repeal the GMP rather than keep making exceptions. Councilman Collins said he did not feel this would be the solution to employee housing. It is difficult and onerous to zone by review. Councilman Collins said he has serious questions in terms of monitoring this and all otheIs things that have been legislated. Councilman Collins said he did not think the city had any mechanisms at this time to monitor this. Councilman Van Ness said he felt the employee housing problem- is the worst problem facin~ Aspen as a community. Aspen has gone from a real community to a real estate sweepstakes. Councilman Van Ness said the key to Aspen is the employee and something has to be done quickly. Everybody in town should be worried about the employee housing problem. The only way to get some employee housing is to relax some zoning and growth management quota~. Councilman Behre~dt said there are a lot of unsatisfactory details in Ordinance 78, but it is a creative document. Councilman Behrendt said he did not think that Ordinance 78 will solve the housing problem. To ~dd more codes, when the present ones are not being adopted, is ridiculous. Councilman Behrendt said he would like to save the section which deals with 70/30 split on new developments. Mayor Edel agreed there are concerns with this ordinance. Mayor Edel said he feels it is inappropriate for government to do employee housing. However, in the six months past no one has come forward to offer to do employee housing from the private sector. Mayor Edel said there is an employee housing problem; however, this is not the answer to it. People are doing a lot of talking but not doing anything about it. Mayor Edel said the enforce- ment issue of the ordinance has not been addressed. Mayor Edel recommended this ordinanc~ be turned back to staff for a simplification and a clearer way to get employee housing throughout the town. Councilman Isaac moved to table the ordinance for a study session; seconded by Councilman Van Ness. Mayor Edel, Councilmembers Isaac, Van Ness and Parry in favor; Councilmembers Behrendt, Michael and Collins opposed. Motion carried. Council scheduled the study session for Wednesday January 16 at 5:00 p.m. ORDINANCE #80, SERIES OF 1979 - W.H.O.P. Annexation and Rezoning Suuny Vann, planning office, told Council this came up several meetings ago, a~?request for annexation and rezoning located under the Castle Creek bridge. It was turned down Ord. 80, 1979 by Council. Subsequently, a letter was submitted requesting reconsideration of this W.H.O.P. item.~- Vann stated in reviewing the application and letter submitted, the planning office Annexation still feels the request is inconsistent as the only benefit to the city would be the increased tax base. Under existing zoning, the applicant can only construct a modest residence. With city R-15 zoning and no FARs, a substantially larger structure can be constructed. This is limited to a single family residence. The applicant will have to get a variance in the city; there is also the question of stream margin review. The engineering deparmtnet will have to investigate to see if this is in the flood plain. Vann pointed out there is talk that the annexation of this parcel would have little impact on existing services. It is the opinion of the planning office that the applicant presented insufficient reasons to incur annexation. Vann told Council the addition of a substantially larger structure, which would be permitted in the city, would create a significant impact on the area in terms of bulk requirements. Vann stated the planning office considers this request inconsistent and feels the letter from the applicant presents no new information which would cause Council to change their opinion. Buzz Pracko, one of the applicants, told Council they would ~onform with stream margin review. Pracko said the P & Z has asked them to limit the size of the structure to 3,000 square feet. No one is willing to build a single family residence on this lot. Pracko said there are no negative aspects of annexing and rezoning this property. Pracko pointe, out there are no possibilities for employee housing on this lot. Pracko pointed out the Regular Meeting ~spen ~Jlsy UOUlI(~li ~ctiiua£3 ±~, Marolt project will surround the city, if approved. If Marolt is approved, this will give the applicants new circumstances to re-submit this. In the county, they do have the right to build a single family dwelling, however smaller. Pracko told Council the lot is non-conforming in the county and would also be non-conforming in the city. Councilman Isaac asked what could be built on this lot in the city. Vann said with the stream margin review and the 15 foot setback, the building envelope would be substantiall~ ~targer than 3,000 square feet. Councilman Parry moved to read Ordinance #80, Series of 1979; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~80 (Series of 1979) AN ORDINANCE ANNEXING A TRACT OF LAND KNOWN OF THE W.H.O.P. ENTERPRISES PROPERTY LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS ACCOM- PLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk Councilman Behrendt moved to adopt Ordinance #80, Series of 1979, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Collins, aye; Isaac, aye; Michael, aye; Parry, aye; Van Ness nay; Mayor Edel, nay. Motion carried. ORDINANCE #83, SERIES OF 1979 Board of Examiners & Appeals Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Ord. 83, 1979 public hearing. BdofExaminers Councilman Isaac moved to read Ordinance #83, Series of 1979; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~83 (Series of 1979) AN ORDINANCE REPLEAING AND REENACTING SECTION 7-22(b) OF THE ASPEN MUNICIPAL CODE PROVIDING THAT PERSONS APPPOINTED TO THE BOARD OF APPEALS AND EXAMINERS SHALL HAVE BEEN QUALIFIED ELECTORS AND RESIDENTS OF THE CITY FOR AT LEAST TWO (2) YEARS was read by the city clerk City Attorney Stock explained this is a request from the Board because they have not been able Go fill positions on the Board because the Code presently requires people from certain occupations. This will change the Code so that any elector can fill the position. They will give priority 6o people in certain occupations, contractor, electrician, etc. Councilman Isaac moved to adopt Ordinance #83, Series of 1979; seconded by Councilman Van Ness. Roll call vote; Councilmembers Collins, aye; Michael, aye; Isaac, aye; Van Ness, a Parry, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~84, SERIES OF 1979 - Growth Management Plan Extensions Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Ord. 84, 1979 public hearing. GMPExtensions Councilman Van Ness moved to read Ordinance ~84, Series of 1979; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #84 (Series of 1979) AN ORDINANCE k~ENDING SECTION 24-10.7(a) OF THE ASPEN MUNICIPAL CODE PROVIDING THAT THE ASPEN CITY COUNCIL MAY GRANT AN EXTENSION OF TIME IN WHICH TO SECURE A BUILDING PERMIT TO APPLICANTS WHO HAVE BEEN AWARDED ALLOTMENTS UNDER THE GROWTH MANAGEMENT PLAN was read by the city clerk City Attorney Stock said he would like this made an emergency ordinance so that its effect ive date does not fall after February 1st. Stock said a record should be made that Council's intentions that the time as well as building permit requirement applies to all those applicants with allocation. There are three applications that expire in February and it should be made clear that those three applications would only be required to submit plans. Councilman Isaac said he would not like to make this an emergency ordinance, the applicants knew what the laws were. Stock pointed out this ordinance gives free market units four years to get a building permit; the employee units have to get the plans in. Councilman Parry moved to approve with Stock's amendments; seconded by Councilman Van Nest Stock asked that a record be made that those 3 coming up in February, they not be required to have a building permit but only to submit their building plans. Roll call vote; Councilman Collins, aye; Parry, aye; Michael, aye; Behrendt, nay; Isaac, na~; Van Ness, aye; Mayor Edel, nay. Motion NOT carried. Councilman Van Ness moved to adopt Ordinance ~84, Series of 1979, as not an emergency ordinance; seconded by Councilman Isaac. Roll call vote; Councilmembers Michael, aye; Isaac, aye; Collins, aye; Parry, aye;-Behrendt, aye; Van Ness, aye; Mayor Edel; aye. Motion carried. ORDINANCE #85, SERIES OF 1979 - Printing Plant in C-1 Zone District Mayor Edel opened the public hearing. Richard Grice, planning office, told Council this Ord. 85, 1979 Ks a code amendment proposed to allow flexibility in the zone district. There is a use ~/~I amendment in the C-1 which is for advertising and mailing brochure business, There is a printing plant operated in conjunction with the business, and they have asked for this amendment iprinting ~!plant to allow the printing plant. Mayor Edel closed the public hearing. Councilman Behrendt moved to read Ordinance #85, Series of 1979; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #85 (Series of 1979) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE AS~EN MUNICIPAL CODE'BY THE ADDITION OF A PRINTING PLANT AS ACCESSORY TO PERMITTED USE AS A CONDITIONAL USE IN THE C-1 ZONE DISTRICT was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~85, Series of 1979, on second reading; seconded by Councilman Parry. Roll call vote; CounCilmembers Parry, aye; Behrendt, aye; Isaac, aye; Michael, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. ORDINANCE #86, SERIES OF 1979 - Wheeler Opera House Renovation Commission Ord. 86, 1979 Mayor Edel opened the public hearing. There were no cor~nents. Mayor Edel closed the Establishing public hearing. Wheeler Opera House Councilman Behrendt moved to read ordinance 986, Series of 1979; seconded by Councilman Cc~mission Parry. All in favor, motion carried. ORDINANCE #86 (Series of 1979) AN ORDINANCE ESTABLISHING THE WHEELER OPERA HOUSE RENOVATION COMMISSION; DESCRIBING THE COMPOSITION OF THE COMMISSION; THE TERMS AND QUALIFICATIONS OF ITS MEMBERS; LISTING THE POWERS AND DUTIES OF THE COMMISSION; AND PRESCRIBING GENERAL RULES OF PROCEDURE FOR THE COMMISSION was read by the city clerk Councilman Behrendt moved to approve Ordinance #86, Series of 1979, on second reading; seconded by Councilman Isaac. Councilman Collins stated he supported establishing a commission; in this case, he feels 7 members and 2 Councilmembers is too large. Councilman Collins said the members should ~ be residences of the City of Aspen, and there is a conflict in having Councilmembers ~ serve on such a commission as ex officio members. Councilman Collins said he felt the ordinance as drafted is not suitable in terms of Council setting policy, there is a great deal of work in 5 year capital programs, employee housing, etc. rather than this commissio Councilman Van Ness agreed with Collins, but said the Council has been painted into a corner on this particular project. Roll call vote; Councilmembers Michael, aye; Parry, aye; Van Ness, aye; Isaac, aye; Collins, nay; Behrendt, aye; Mayor Edel, aye. Motion carried. Appointing WOH Councilman Behrendt moved to appoint the commission as previously mentioned the names Co~mission being identified as those presented; seconded by Councilman Parry. All in favor, with the exception of Councilman Collins. Motion carried. ORDINANCE #87, SERIES OF 1979 - Solid Waste Ord. 87, 1979 Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Solid Waste public hearing. Councilman Hehrendt moved to read Ordinance #87, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #87 '(Series of 1979) AN ORDINANCE RENAMING CHAPTER 10 AND REPEALING AND REENACTING SECTIONS 10-3, 10-9, 10-11, AND 10-13 OF THE ASPEN MUNICIPAL CODE PROVDDING AN IMMEDIATE CLEAN-UP PROVISION FOR VIOLATIONS WHICH ARE DETERMINED TO BE IMMEDIATE PUBLIC HEALTH DANGERS, FIRE HAZARDS OR ACCESS BLOCKAGES AND THAT THE COSTS INCURRED FOR THESE CLEAN UPS SHALL BE CHARGED ON THE WATER BILL OF THE OWNER OR OCCUPANT OF THE PREMISES was read by the city clerk Councilman Behrendt moved to adopt Ordinance #87, Series of 1979, on second reading; secon~ by Councilman Collins. Environmental Health Officer Tom Dunlop pointed out he had made some changes since first reading. Councilman Van Ness questioned if the city could add the cost of clean up to a person's water bill. Stock pointed out that owners of property have the choice of having water bills come in their name; if they chose to have it go to the lessee, they pay the consequences. City Manager Chapman said the city does not always know who incurred the garbage; this ordinance says the property. The owners is responsible for, the care and maintenance of his property, whether he leases it or not. ReguLar Meeting ~spen u~y ~ounc±~ Dunlop said the main object of this re-write is the problem occurring downtown. Dunlop said he has spent hours and hours trying to identify who garbage is strewn about. This clean up provision will make the town appear cleaner and be more effective than the trash company billing. There is still provisions for action in Municipal Court, and they also have to ability to continue the red tagging program. Chapman said if the Council expects the staff to do something about the mess, this is probably going to work best. Fred Smith said he supported this ordinance, and if the mess is oaused by Aspen Trash, they ought to be billed for it. Dunlop said the city does not want to get into the trash business; they want to remedy specific things. This ordinance is an immediate solution to a problem. Roll call vote; Councilmembers Van Ness, nay; Isaac, aye; Behrendt, aye; Michael, aye; Parry, aye; Collins, aye; Mayor Edel, aye. M~tion carried. ORDINANCE ~88, SERIES OF 1979 Excavation Permits Fees Mayor Edel opened the public hearing. There were no coraments. Mayor Edel closed the Ord. 88, 1979 public hearing. Excavation permit fees Councilman Parry moved to read Ordinance #88, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~88 (Series of 1979) AN ORDINANCE REPLEAING AND REENACTING SECTION 19-49 OF THE ASPEN MUNICIPAL CODE PROVIDING NEW FEES FOR EXCAVATION PE~4ITS AND PAVEMENT REPLACEMENT was read by the city clerk Councilman Isaac moved to adopt Ordinance 988, Series of 1979, on second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Collins, aye; Van Ness, aye; Isaac, aye; Parry, aye; Behrendt, aye; Michael, aye; Mayor Edel, aye. Motion carried ORDINANCE #89, SERIES OF 1979 - Special Election for Housing Bonds Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the )rd. 89, 1979 public hearing. Special Election Councilman Behrendt moved to read Ordinance $89, Series of 1979; seconded by Councilman G.O. bonds Collins. All in favor, motion carried, employee housirrg ORDINANCE #89 (Series of 1979) AN ORDINANCE CONCERNING TWO QUESTIONS TO BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, THE 26th DAY OF FEBRUARY, 1980; DIRECTING THAT THE QUESTIONS BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY FOR APPROVING OR REJECTING A PROPOSED AMENDMENT TO SECTION 10.5 OF THE CHARTER OF THE CITY OF ASPEN RELATING TO THE ISSUANCE OF REVENUE BONDS PAYABLE FROM THE PROCEEDS OF THE REAL ESTATE TRANSFER TAX OF THE CITY, AND THE QUESTION OF ISSUING GENERAL OBLIGATION PUBLIC HOUSING BONDS IN THE PRINCIPAL AMOUNT NOT EXCEEDING $4,000,000; SETTING FORTH THE PROPOSED AMENDMENT AND THE BALLOT QUESTIONS; PROVIDING FOR THE PRECINCT AND POLLING PLACE; NAD SETTING FORTH OTHER DETAILS IN REGARD TO SUCH ELECTION; AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE was read by the city clerk Councilman Isaac moved to adopt Ordinance #89, Series of 1979, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Michael, aye; Parry, aye; Isaac, aye; Behrendt, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. Councilman Behrendt moved to close Hopkins Avenue between Aspen and Garmisch 10 a.m. Saturday, January 20th for Winterskol; seconded by Councilman Collins. All in favor, motion carried. GMP RESIDENTIAL APPLICATIONS FOR 1980 Ashley Anderson appealed to Council's sense of due process; the deadline for residential GMP applications was January 1. There is a free market quota of 14 units. Anderson told GMP Residential Council an application filed by Hans Cantrup for 14 free market units and 21 employee applications studio, low income units, has been rejected. It was rejected by the planning office 1980 because the employee units are located on Main street and are zoned historic. There is a Cantrup provision in the GMP saying if in fact it needs HPC approval, the project must Bet this employee before submittal; Anderson said they did not HPC approval; the application was r~jected, housing and due process was not given, rejected Anderson told Council when the original quotas were given in 1977, it was understood there would be no quota in 1980; it appeared Council has usurped that quota for 1980. Anderson told Council in September 1979, he heard there may be a quota of 10 or 14. Anderson said he pursued this all fall. Council acted on this quota at their December 10, 1979, meeting It was not on the agenda. Anderson said it was impossible to obtain HPC approval in that time period. Anderson pointed out the HPC takes detailed set of plans, so that they were asked to design 21 units based on a ~umor of 10 or 14 free market units. Anderson told Council that the GMP in residential does not address architectural plans, and this provision of the Code does not make a lot of sense. Anderson pointed out this provision was waived in 1977 and 1978. Anderson submitted it makes sense to let him compete. Stock told Council the applicant hired an architect and went ahead and submitted the project and failed to submit to HPC for approval. This is required by the Code. Stock said the planning office is given the responsibility of handling applications to the GMP and they are directed to r&ject is something is missed, and they properly rejected this application. Stock said Anderson is asking to be allowed to compete or to continue in in the process until the decision is made. Stock recommended the Council reject bOth r requests. Allowing planning to review this application until Council makes a decision i would be a violation of the City's code. If the Code should be amended that is fine, but to make it relate back to applications that were due on Junary 1 would be expos facto and GMP procedures would take away a right from others who had followed the Code process Stock said there are other sites available to put the employee housing portion on for this project that are not in the historic zone. Stock said there is a binding requirement upon the City Council that of equal protection, all people in the same position ought to be treated equally by the law. Stock told Council no ns of the other residential applications have a site within the historic district. More than enough for the total quota have applied. Anderson stated his client has the right to be treated with due process; other applicants do not have the right to rely on his not being treated that way. Stock noted applicants do have the right to expect the City is going to apply its Code. Councilman Beh~endt asked if the other applications had employee housing. Stock answered they all had housing in some mix. Councilman Isaac said it does not matter what the project is; the applicant did not go through the law as written. Anderson said it is not fair to make them go through architectural drawings based on rumor whether there is going to be a quota and how many units it is. Jim Reents, housing director, said there has been continuing criticism that the processes of the city increase the cost of development and decrease the likelihood of employee housing. This instance only happens with residential development in a historic district; going to the HPC prior to the competitive process, which does not require architectural drawings, requires a person to spend a great deal of money designing part of a project. Mayor Edel agreed it does seem inequitable to make some people go to HPC and some not. Stock told Council the building department is required to give a report to the planning office on September first of each year stating how many building permits have been granted as exemptions. The building department in September said 25 permits had been given and there were eight applications pending. Stock, in a memorandum, told Council there were 14 applications in September but did not know how many would be taken up by the end of the year. In December, Council okayed the 14 unit quota. Councilman Behrendt moved to stay with the procedures as presently interpreted; seconded by Councilman Collins. Councilmembers Isaac, Collins, and Behrendt in favor; Council- members Van Ness, Parry, Michael, and Mayor Edel opposed. Motion NOT carried. Councilman Van Ness moved to waive requirements that this application must have HPC approval prior to the deadline; seconded by Councilman Parry. City Attorney Stock said if he was one of the other applicants and I lost and they won, he said he would sue the Council quickly. Stock opined this action is an expos facto law changing the rules after the event has occurred, changing the right of the other people i ~ who have applied and their possibility of competing. If other applicants get injured by this, they will nail the Council. Stock said their reliance is that they will abide by the rules adopted before the competition. CO~nCilmembers Parry and Van Ness in favor, everyone else opposed. Motion NOT carried. Councilman Van Ness moved to continue the meeting to Tuesday, January 15, noon; seconded by Councilman Isaac. Council left Chambers at 11:15 p.m. Continued Meeting Aspen City Council January 15, 1980 Councilmembers Isaac and Parry were only members present. For lack of a quorum, they scheduled the meeting for Wednesday, January 16, 1980 at noon. Continued Meeting Aspen City Council January 16, 1980 Councilmembers Behrendt, Michael, Isaac, Van Ness and Mayor Edel were present. Mayor Edel called the meeting to order at 12:10 p.m. CITY MANAGER 1. Tow Fees. City Manager Chapman told Council the staff would like to request the tow fees be increased to $20 because of inflatiOn. The tow fees were last raised over four years ago. Council instructed staff to come back with an ordinance at the next Council Increase tow meeting. fees 2. Site Inspection for Little Annie Ski Area. Planner Karen Smith told Council the developer would like to set a time to take members of Council to Little Annie and up the LitttelAnnie mountain. There will be a presentation at the base. Council set the site inspection for Ski Area Wednesday, January 30th. 3. Zoning Enforcement Officer. Chapman told Council the P & Z has adopted a resolution stated the need for a zoning enforcement office for the city. Councilman Isaac asked wher~ Zoning Enforc~tn~ tthe funds would come from. Chapman said there aren't any funds to approve right now. officer Mayor Edel asked the staff to get more information, such as what this would cost, Where the person would be, how the program would be set up. Councilwoman Michael requested staff also go into what exactly is ~ot being done. (Councilman Collins came into Chambers). 4. Water Plant Housing Report. Jim Reents, housing director, said he has taken the Water plant premise they want to get into the ground by May 1st. At this point Council has authorized housing funds up to a point where this project is about 20 per cent into working drawings. There ~u~u~nueu ~,=ee=~ng Aspen City Council January 16, 1980 is some question as to whether the city has the most cost-effective project and most cost-effective design. Reents reminded Council both Interstate Homes and the Oden group Water plant have taken the work done on the project to date, analyzed it and made counter-proposals, housing Interstate homes has dropped oUt as withint the time frame they could not do a good job for the city. Oden group's cost analysis, with no guarantees, is for 80 per cent of the square footage at 90 per cent of the cost with no site work done. They propose to use smaller unit; the one bedroom units do-not meet the city's code. Councilman Behrendt sai~ he would like to continue with the present program; it seems obvious it is an adequate program and the buildings will be of quality. There are no major unknowns at this point. Reents presented a critical path on this project, assuming groundbreaking by May 1st with engineers, contractors, building department, etc. working on the project to derive the final costs. Reents asked Council if the were willing to proceed through the value engineering phase to get lined up to get in the ground. Mayor Edel asked if there were costs attendent to this. Reents said yes. Chapman said this implies two decisions; what the design is going to be and deciding who the general contractOr will be. Chapman pointed out another asPect of this, if the project goes forward there will be a cost implication to it. If the project does not go foward, whoever is selected as general contract will eat the costs as business development. Chapman pointed out the feeling of staff is that based on the schedule, while the other two proposals may reduce cost, this is talking about a significant lag time. Chapman recommended is to go ahead with what the citY already has and proceed on that basis. Councilman Behrendt moved to proceed on the present basis; seconded by Councilwoman Michael. Councilwoman Michael questioned the dollar saving with the Oden group. Reents said they have only broken out a portion of the costs. Their estimates of site work and constructi. come to $2,900,000. This compares-with the same portion of the project at $3,150,000. The Oden project is 80 percent of the size with fewer buildings. Councilman Collins aske¢ what the completion date would be. Reents stated it would be a phased project and completion will be on a per building basis. There will be 8 units per building and the first building will be ready for occupancy in early fall. After that the buildings will come on line in about 3 week intervals. Councilman Van Ness asked for the rental rates. Reents answered they will be between $.50 to $.57 per square foot. Councilman Isaac asked if the general obligation bond issue did not pass in February, whe] would the city get the money to do the project. Chapman pointed out the City is going with a g.o. bond issue because it will not cost any more than an IRB but will lower the rent. If the g.o. bond issue does not pass, the city will go to ira's. Chapman said it was his understanding that Council would do this project any way they could finance it. Councilman Behrendt said he thought the program was that the project wOuld support its own costs and would pay its way, including taxes. Councilman Behrendt said he thought the only underwriting the city was going to do would be the land. Reents said this project could be tax exempt as a city project. Reents said the whole project would be $33,000 in taxes which breaks about to about $30 to $35 a month per unit. Councilman Van Ness stated he did not recall any discussion of tax exemption at any Council meeting. Councilman Van Ness said it was his opinion the city would have something in lieu of taxe~ and would be in favor of not taxing the units. Councilman Collins asked if there was a guaranteed maximum on these costs. Reents said a maximum could be assigned by Council either in terms of rental rate or the maximum level set on the g.o. bonds. Reents noted there is a cost from an architectural standpoint; there is no cost from the contractor's point of view. The architect's work and costs will be completed; the city will be buying a design. Councilman Behrendt reiterated ever~ since the beginning, it has been understood that the project would not be underwriiten except for land and utilities. Councilman Behrendt said he would withdraw his support of the project if it was tax underwritten. CounCilman Collins asked if this project goes ahead and the bond issue passes, does the city recover its expenses to date. Reents answered that all expenses to date have been set up on accounts receivable and will be reimbursed out of the g.o. bond. Councilman Behrendt withdrew his motion under the assumptions given. Councilman Van Ness moved to approve the current program; seconded by Councilwoman Michael Councilman Isaa asked about the steps in governmental review. Reents said there would be an SPA review on January 28. Chapman told Council that a portion of the cost item is the need for some project management, consultaing assistance. The staff does not have the expertise. The city will have to develop a way to manage the program once it is completed the accounting and cash management. The staff has requested proposals from a number of people. Reents told Council the city is operating under the assumption that they will get the pr o. jectbuilt. The staff is prepared, at this point, if the g.o. bond is defeated to change financing mechanisms. Reents said he would prefer not to be tied to a second financing mechanism so that the staff has a range to explore. Mayor Edel said the election will get this to a point where the Council can make another decision. All in favor, with the exception of 0ouncilman Behrendt. Motion Carried Councilman Van Ness moved that in the event the g.o. bond issue is defeated, that the cit~ then proceed with the project by alternate means of financing; seconded by Councilman Behrendt. All in favor, motion carried. 5. Restaurant and Bar'Committee Report regardin~ densities. City Manager Chapman said Densities the committee ha~ met this week and has been requested to analyze the capacity of lodges restaurants and dormitories rooms and also the requirements for smoke alarms. Councilman Behrendt & bars said there are some codes applying which th~ lodges may not be able to comply with. Councilman Behrendt resigned from the committee for any conflict of interest. Councilman Collins said he would join the committee with Councilman Parry. ORDINANCE #55, SERIES OF 1979 - S/C/I/ Redraft Richard Grice, planning office, reminded Council this came before them previously and was .Ord. 55, 1979 tabled prior to first reading. Council had asked staff to draft a grandfather clause for iS/C/I redraft existing lawful uses. This is the redraft. Councilman Collins moved to read Ordinance #55, Series of 1979; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #55 (Series of 1979) AN ORDINANCE AMENDING THE INTENTION, PERMITTED USES AND CONDITIONAL USES OF THE SERVICE/COMMERCIAL/INDUSTRIAL DISTRICT IN SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE was read by the city clerk Grice explained to Council that the S/C/I zone was the closest thing to an industrial zone the city has; it is the only zone where service, repair and manufacturing types of uses are allowed. These businesses neither require nor generate traffic. There are onty two areas of S/C/I zones and are in walking distance of the central core. Grice told Council there is pressure on the S/C/I zones to turn into retail outlets. The S/C/I is not controlled by the GMP; it is controlled by the zones intention, which is not clear. The limited commercial is not defined. The building department is faced with people wanting to open or expand their business into retail. The rents are lower in this district because of zoning and lack of traffic. In order to clarify the intention of the zone district, the words "which do not require or generate high customer volume~" was added. In permitted uses services stations were deleted nad the word "industrial" was added befor~ dry cleaning plant and laundry. Grice told Council that the P & Z supported these changestl Councilman Collins moved to adopt Ordinance #55, Series of 1979, on first reading; seconde~ by Councilman Isaac. Roll Call vote; Councilmembers Van Ness, aye; Michael, aye; Behrendt aye; Isaac, aye; Collins, aye; Mayor Edel, aye. Motion carried. RESOLUTION #1, SERIES OF 1980 - Deferred Compensation Plan City Manager Chapman told Council he had sent them a memorandum suggesting that rather Reso. 1, 1980 than be a member of the city's retirement plan, he be allowed to join the International Deferred City Manager's Association deferred compensation plan. Council agreed it was a good idea Compensation and suggested other key personnel participate. This resolution establishes the deferred Plan compensation plan as an option. Mayor Edel pointed out there may be some negatives to this, such as it would weaken the present plan. Chapman said there is a deferred tax benefit to this plan. Also the plan would have no additional cost to the city for membership. Councilman Behrendt moved to read Resolution #1, Series of 1980; seconded by Councilwoman Michael. All in favor, motion carried. RESOLUTION NO. 1 (Series of 1980) A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN WHEREAS, the City of Aspen, Colorado, has in its emplOye certain personnel; and WHEREAS, said employees are and will be rendering valuable services to the city; and WHEREAS, the City has considered the establishment of a Deferred Compensation Plan for the said employees made available to the City and to said employees by the International City Management Assocation Retirement Corporation; and WHEREAS, skid employees often are unable to acquire retirement security under other existing and available retirement plans due to the continegencies of employment mobility; and WHEREAS, the City receives benefits under said plans by being able to assure reasonable retirement security to said employees, by being more able to attract competent personnel to its service, and by increasing its felxibility in personnel management through elimination of the need for continued employment for the sole purpose of allowing an employee to qualify for retirement benefits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The City of Aspen, Colorado, does hereby establish said Deferred Compensation Plan for said employees and hereby authorizes its Mayor to execute the Deferred Compensation Plan with the International City Management Association Retirement Corporation, attached hereto as Appendix "A". Section 2 The City Manager may, on behalf of the City, ~xecute all Joinder Agreements with said employees and other eligible officials and officers, which are necessary for said persons' plarticipation in the plan, an example of which is attached hereto as Appendix "B", except that any Joinder Agreement for said designated official shall be exee~ted by the Mayor was read by the city clerk. Councilman Behrendt moved to adopt Resolution #1, Series of 1980; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~1, SERIES OF 1980 Deferred Compensation Plan Councilman Isaac moved to read Ordinance ~1, Series of 1980; seconded by Councilman Collins. All in favor, motion carried. Ord. 1, 1980 Deferred ORDINANCE ~1 Cc~%~-_nsation (Series of 1980) Plan AN ORDINANCE ~MENDING SECTIONS 2-101, 2-202, 2-300, AND 2-603 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ALLOW CERTAIN KEY EMPLOYEES TO PARTICIPATION IN THE DEFERRED COMEPNSATION PLAN OF THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION was read by the city clerk Councilman Isaac moved to adopt Ordinance ~1, Series of 1980, on first reading; seconded by Councilman Collins. Roll q~ll vote; Councilmembers Behrendt, aye; Michael, aye; Collins, aye; Isaac, aye; Van Ness, aye; Mayor Edel,~.aye. Motion carried. RESOLUTION #2, SERIES OF 1980 - Establishing Key Personnel Councilman Isaac moved to read Resolution #2, Series of 1980; seconded by Councilwoman Michael. All in favor, motion carried. P~so. 2, 1980 Establishing RESOLUTION ~2 Key (Series of 1980) Personnel A RESOLUTION IDENTIFYING KEY EMPLOYEES ENTITLED TO PARTICIPATE IN THE DEFERRED COMPENSATION PLAN OF THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION was read by the city clerk Mayor Edel said he did nto feel this was the right move for the city; it weakens the present pension plan. Councilman Isaac moved to adopt Resolution ~2, Series of 1980; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION ~3, SERIES OF 1980 - Housing Price Guidelines Jim Reents, housing director, reminded Council these figures were recommended by them Reso. 3, 1980 after a work session. The initial figure represents an 8 per cent increase over the Housing Price existing guidelines; this is for previously approved deed-restricted housing. The second Guidelines set of figures represents a 17 per cent increase, showing the inflated cost of construction. Reents said he felt the 17 per cent was too high for already existing units; that is why !i there are two sets of figures. Ashley Anderson said these figures have to have some sort [ of relationship to construction costs or no one will build. Reents said these figures /~ work to the community's benefit; after the units are approved, the cost level is set. Councilman Isaac moved to read Resolution #3, Series of 1980; seconded by Councilman Van ~' Ness. All in favor, motion carried. RESOLUTION NO. 3 (Series of 1980) 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 24-10.4(b)(3) after the effective date of this reso- lution until October 15, 1980: Low Moderate Middle Income Income Income Rental Price $.42 /sq. ft. $.~55~/sq. ft. $.6~/sq. ft. Sale Price $52.00~/sq. ft. $62.00~/sq. ft. $71.00~/sq. ft. Section 2 That within the terms of Sect'ion 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 $~39~/sq. ft. $~5~/sq. ft. $.63~/sq. ft. Sale Price $45.00 /sq. ft. $53.00 /sq. ft. $61.00 /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. Section 4 That the above-adopted rental price terms include the base property tax assessment. Increases in property taxes above those assessed in the base year may be assessed, pro rata, in addition to the rental price adopted. For the purpose of this section the property taxes assessed in the base year will be defined as the property taxes due and payable on the third year following GMP approval on the project or the property taxes due and payable on the second year following the issuance of the final certificate of occupancy for the project, whichever is greater. Section 5 That the housing price guidelines adopted in Section i and Section 2 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 estab- lished in the year in which the project application received Growth Management approval. Section 6 The effective date of this resolution is October 15, 1979. Section 7 As the price guidelines are modified from year-to-year within the terms of Section 5 above, they shall, as modified, apply to iow, moderate and middle income housing previously approved, but separate guidelines shall be adopted for applications seeking approval under the Growth Management Plan. was read by the city clerk Councilman Isaac moved to adopt Resolution 93, Series of 1980; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #2, SERIES OF 1980 - Public Personnel Code City Manager Chapman explained there are changes in the code; one establishes disciplinary procedures. Previously employees served at the pleasure of the city manager and could be Ord. 2, 1980 discharged without cause. Another change is to add a floating holiday. Personnel Code Councilman Behrendt moved to read Ordinance ~2, Series of 1980; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~2 (Series of 1980) AN ORDINANCE REPLEAING AND REEACTING ARTICLE VI OF CHAPTER 2 OF THE .ASPEN MUNICIPAL CODE PROVIDING FOR A PUBLIC PERSONNEL CODE OF THE CITY OF ASPEN was read by the city clerk Councilman Collins said he had reservations about an additional holiday. Councilman Collins said he would rather see the time go into vacation time rather than discretionary time off. Bil Dunaway said there is criticism about the city taking holidays when other businesses do not. City Attorney Stock told Council according to the list of benefit packages to other cities in Colorado, the City 6f Aspen has one of the lowest benefit packages in the state. The decision was made to add the floating holiday as an additiona~ benefit to employees. Councilman Van Ness said he felt the city has a problem in hiring and keeping employees. The city has given 6 per cent and 7 per cent raises when in fact the inflation rate has been around 40 per cent. The city is at rock bottom of raises around the state. Mayor Edel said ~spen is paying as much or more than any other ski resort area. Chapman explained in the past anytime there was any variation from the personnel code, it had to come back to Council to be approved; this is not a normal operating method, and is the responsibility of the Manager. The personnel code should be able to be changed by the administration. Councilman Isaac moved to adQpt Ordinance 92, Series of 1980, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Van Ness, aye; Isaac, aye; Collins, aye; Michael, aye; Behrendt, aye; Mayor Edel, aye. Motion carried APPOINTMENT OF SPECIAL COUNSELS City Attorney Stock requested Council appoint special o~tside counsels for three cases; Special Counsels Peter Craven at $60 per hour in the Maco Stewart case, Alan Schwartz at $55 in the Lada Vrany case, and Gideon Kaufman at $75 per hour to get quiet title to the Rio Grande property. Councilman Behrendt moved to approve all three special counsels; seconded by Councilman Isaac. All in favor, motion carried. NIMLO APPOINTMENT Stock told Council he had been requested to serve on NIMLO's planning commission. This appointment may require a trip to New York City; therefore, Stock is requesting Council approval. Councilman Behrendt moved to approve Stock serving on the committee; seconded by Council- woman MiChael. All in favor, motion carried. 2814 Continued Meeting Aspen City Council January 16, 1980 Councilman Behrend~ told Council he had been contacted by Andy Hecht regarding the Employee proposed employee housing units by Cantrup and their rejection the office. by planning Hecht had said he had some arguments that may change the recommendation of ~e city Housing units attorney. Cantrup Councilman Behrendt moved to put this item on the agenda; seconded by Councilman Van Ness. All in favor, motion carried. Andy Hecht, representing Hans Cantrup, told Council they did not feel there way any legal recourse to an applicant-if the Council stated they denied an applicant due process and it was the Council's error. Hecht read from the grOwth management plan ordinance that the HPC approval requirement was waived in 1977-78 when procuring prior approval was impossible with the effective date of the ordinance. Hecht stated that for this parti- cular application procuring prior approval was impossible. When Council decided, on December 10, there was a quota of 14, prior approval to HPC was impossible. Hecht said that none~of the other applicants will be able to say they have been prejudiced if they go ahead and get HPC approval. Hecht's clients application--was in at the same time; the scoring criteria will not be affected. Karen Smith, planning director, told Council she did not feel this argument changed any- thing. Every commerCial application requires approval before HPC before they know Wheth~I there will be a quota, before they know what the competition is. City Attorney Stock said this issue is clearly a matter for Council to decide whether they would eliminate the HPC review prior to the deadline date of January 1. To change the rUles after the deadline will change of rules after everyone has already started. No one on Council want~ to change their ~ote. Councilman Van Ness moved to adjourn at 2:05 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Kat~h-ryn S.~I~oCh, City Clerk--