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Home My WebLink Aboutminutes.council.19801027Regular Meeting Aspen City Council October 27, 1980 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the joint m-eting to order at 4:10 p.m. and commened the County for the Hunter Longhouse project. Busway. Curt Stewart reminded Council he had come before them at the last meeting asking for their participation in a busway and the Council chose to table itv pending the outcome of more information at the meeting with the highway department. Councilman Behrendt said he really wanted to see the county do the study but thought there was a problem of double taxation. Councilman Isaac said there is already city land - the Marolt property and on ir. Councilman Isaac said the only problem he has is that the city may be throwing money away on a study that would never be carried through. Councilman Collins said the proposed stud5 is an extension of what is in the Citizen's Advisory Board's report. It will develop more of the technical information and get the specifics in terms of actual alignment, inter- section details, cost information, etc. Councilman Collins said he assumed this program was intended to take the original report and refine it, bring it out into greater detail as far as the busway is concerned. 2? Stewart told Council what they will get out of this is what their priorities are on moving people in and out of town. Stewart said they all went to the highway department meeting and heard they don't have enough money to do a tenth of what they would like to do, even ._ if that. Stewart said his argument is a simple one. The community determines what they want to do so they have a basis on which to go -ight for something. Right now, if they had to get into a competition for funds, his view is they would be greatly weakened in that competition because they don't know whether they want to build a busway, highway or ~ what. Mayor Edel said he didn't understand why Stewart was relating the problem to funds. ~ Mayor Edel said he thoughty they had $6,000,000. Mayor Edel said they certainly have $6,000,000 worth of work on all parts of the highway. Mayor Edel said to relate it to not getting the funds, he didn't buy that. City Manager Chapman said that he through what Stewart was saying is that the $6,000,000 that is available for Highway 82 over the next five years has been, by priority, allocated by the highway department for spot safety improvements. Chapman thought Stewart was saying that it is going to take a lot more than $6,000,000 to do the kinds of things they want to do; the busway, four lane, etc. Anythin. more than spot safety improvements is going to take more than $6,000,000. In order to get more than the $6,000,000 they would have to be in competition. Councilman Isaac asked if the $75,000 were spent for the study, would it increase their chances to get the extra money. Stewart said it would give them a very good chance because one of the partners in this is the highway department. What the city would be doing by participating is folding them into the process. The highway i.department would become an advocate for us. Councilman Collins asked if this study would help establish <''~ priorities as to what needs to be done on the highway and Stewart said the last element in the proposed work program is the implementation plan, and that's Where the priorities coul. be established. Councilman Parry said that Main street needs t° be extended very badly and if this study would help do that, he wants to see it done. Councilman Parry is very concerned about the bridge, which is the only way to get in and out of Aspen. Councilman Behrendt asked if this would be a four, lane bridge and Stewart gave a qualified yes. ~' Stewart ~said they don't have a firm policy from the highway department but that is the direction they have been pushing toward. Councilman Behrendt asked who would pay for the bridge. Stewart said it would be about 2-3 million dollars and the highway department would construct the bridge. Chapman said that without increasing the gasoline tax, their chances of getting more than the $6,000,000 is about 20 per cent and their chances of getting extra monies without the study are probably zero. Tom Oken, county finance director, asked Stewart ~f he had a ballpark estimate of what the local share would be in total to build the busway and acqui] the land. Stewart said the original estimate for local participation is around $1,500,000 Stewart said there are all sorts of satellite issues; for example, the need to push for transit district in the valley and things like that, which, in his mind, would clearly enable an agency like that to do it. The total cost of the project was also envisioned to i be around $13,200,000. The busway would go from the airport to Aspen. Stewart said that it is a certainty that in one to three years there will not be enough money in the county for a bus system and this is not even a maybe. Stewart said the county's general costs are going up at a rate of $400,000 faster than their revenues are. Councilman Behrendt ~ asked where the appropriations are coming from and Mayor Edel said they would come from the sixth penny whcih is for transportation. CoEunissioner Child said the county was will- ing to Commit to their $25,000 for the study, and, at the same time, they are cutting some programs which are very dear to their hearts. The county is cutting portions of their bus route, portions which do not directly affect Pitkin County citizens, plus cutting some things will will probably hurt a lot of people very deeply. However, they all see thiS as a priority, one which needs to be resolved, even at the sacrifice of some things which the' feel are very important. Councilman Collins made a motion to join the County to authorize the report, assuming the city can come up with the funds; seconded by Councilman Parry. Stewart said the process is to finalize the agreement with the highway department and als¢ to go through a tri-partite selection process of an engineering firm to do the work, which is.the highway department's recommendation. This will be occurring over the next two to three weeks. All in favor, with the exception of Mayor Edel. Motion carried. City Manager Chapman told the Boards that on Friday, Aspen and Pitkin County filed their application with the Federal and Regulatory Commission to build a hydroplant at the base of Ruedi reservoir. Chapman said he has been contacting neighboring jurisdictions in the river district to schedule a meeting for November 5th to discuss the possibility of a valley wide benefit and possibly a valley wide cooperative effort to build it. COUNCIL MEETING CITIZEN PARTICIPATION 1. Robert Lamm, 423 N. Second, said he recently became a full time resident in Aspen. He has a two year old child and wanted to talk about Triangle Park. Lamm had done some read- ing and found out that a long time ago the City Council had made plans to landscape the park and install play areas. He found out there was about $20,000 worth of play toys and equipment being stored somewhere which the City bought but have not been used. Lamm said he would like to see these unused toys brought out and used in Triangle Park. Lamm said that the people in the nieghborhood three years ago, the ones who didn't want the park to have a bunch of screaming kinds in the park, they are mostly gone. They have been replace by people with kids. Councilman Behrendt said that the city acquired Triangle park partly as open space and par [y for an active playground. Councilman Behrendt said they had an intense design program but the people in the nieghborhood didn't want their neighborhood to be the center of screamin kids. Therefore, Council took the line of least resistance, which was very moderate development on the park for the time being. Councilman Behrendt said that they decided if anyone came before them again, they would look into it. He did note that he would like to see the development completed and that most of the people who resisted the park improvemen had moved on. Lamm said that he has talked to most of the people in the nieghborhood, the ones with kids and the ones without kids, and if necessary he said he could get their signatures saying they approve of the installation of the other equipment. Fonda Patterson said she believed the equipment was stored at the city water plant right now. Councilman Collins said that he believed the original request was rather extensive, overly intensive given the s~ze of the lot. Councilman Collins said he thinks that perhaps it is time to look at the plans again and see what could be done to serve the needs of those with children. Another question concerning the park had to do with maintenance and keeping the park shoveled from snow during the wintertime. Councilman Van Ness thinks the way to go about this would be for City Manager Chapman to find out where the equipment is, and if the equipment is still available, to go through a public hearing to save the Council from going through what it did last time, getting the equipment halfway in before the neighbors started screaming. Councilwoman Michael said she remembered that the Council had decided that the children could be taken to the schools, which are right around the corner, for the active play- ground equipmentf and Triangle park would be a more passive park. However, Councilwoman Michael said she went by the park after talking with Lamm and she thought it was so pass~v~ she couldn't see it. Councilwoman Michael suggested that the Council give this to Chapman to communicate with the parks department about the equipment and then to have a public hearing. Councilman Van Ness also suggested that the minutes be retrieved of the meeting where Council decided not to put all of the equipment in so that history would not repeat itself. Councilman Behrendt- also suggested that Council remembers they have that equip- ment and installs it either at Triangle Park, if they chose, or at Ute park. Mayor Edel asked Lamm to continue calling on his neighborhs and get their signatures so the Council could have something concrete. COUNCILMEMBER COMMENTS 1. Councilman Van Ness had some comments about the post office traffic circulation; that both of the entrances/exits in the front have been made into entrances. Councilman Van Ness said that no one pays any attention anyway. Councilman Van Ness suggested that before a disaster occurs, that a couple of Do Not Enter signs are placed at one of the entrances. Councilman Van Ness also suggested that the stop sign be replaced at the Truman area so people can go around the post office. All Councilmembers agreed that something had to be done about the traffic control at the post office. It was referred back to the staff. 2. Councilman Van Ness said that, although it is too late this year, since the City often puts quite a few questions on the ballot, the Council should have debates on their views of the issues. Councilman Van Ness also said he was opposed to the idea of cutting Councilmembers from seven to five, simply because there are so many diverse groups in As it would be cutting down on the representation. 3. Councilman Behrendt moved to add approval of Resolution 921 on the agenda; seconded by Councilman Isaac. All in favor, motion carried. The resolution was added to the consent agenda. 4. Councilman Parry said he understood the Oden group is finishing up very nicely on their project and was wondering if the Council might ask staff for a meeting with tme to see what their final figures are coming out as and if the Council should start another project with them, if their figures are as good as they say. Mayor Edel said a meeting is in order; Bob Oden Will be out of town for ten days and he should be a part of the meeting. Therefore, a meeting can be set when he gets back into town. 5. Councilman Parry moved to put Hans Gramiger on the agenda for a five minute presenta- tion on the extension of Main street; seconded by Councilwoman Michael. All in favor, motion carried. Gramiger was put on the agenda after the Citizen's Action Group on Pedestrian Safety. 6. Mayor Edel wanted to note that on November 24th, in Grand Junction, there will be a meeting with the highway department. Mayor Edel said that no one from Council has ever been to those meetings. Mayor Edel believes it has been a mistake for the Councilmembers not to attend and he believes the City should be represented. Councilman Parry indicated interest and Mayor Edel suggested that Councilman Parry and whoever else should attend the meeting. Gramiger said that he has gone with the Citizen's Group to these meetings. If the city wants to be on the agenda, they have to make it know now because there are about sizteen counties that attend. It was decided that Councilman Parry would follow up and find out all about it. 7. Mayor Edel also said that "A Funny Thing Happened on the Way to the Forum" was a marvelous play and he wanted to invite everyone to go see it. 8. Mayor Edel said he received a letter from Ford Schumann, who, on the basis of what happened at the meeting with the Wheeler, has asked to be relieved of his position as the representative of M.A.A. on the Wheeler Commission and also resigned from the Board of the M.A.A. In his letter he asks that he be reappointed to the Wheeler Commission because he is very interested in the whole process. Edel said he could attest to the fact that Schumann has not missed a meeting, he is knowledgeable and dedicated to the project. Mayor Edel thinks the Council should appoint Schumann to the Commission and then advise the MA.A.~that they should appoint someone else to the Commission. Councilman Behrendt moved to put this question on today's agenda; seconded by Councilman Van Ness. All in favor, motion carried. CITIZEN'S ACTION GROUP ON PEDESTRIAN SAFETY David Woodyard, Pastor of the Aspen Community Churs, was representative of the Citizen's Action Group this evening because Esther Beamer was out_of town. Woodyard presented a set of recommendations which the group would like to see acted upon. 1. Set a 25 m.p.h, speed zone on Main street from the Castle Creek bridge to the Roaring Fork bridge. They feel that it would be practical because of the numerous businesses. It would decrease noise and pollution. They feel that by lowering it to 25 mph it would slow people down to 30 mph. The requestto the Council would be to set an ordinance which would be in effect on November 1, 1980. Councilman Van Ness said that there is a law that requires the City to give the highway department advance notice and then they have to do a traffic survey. Chapman said they have done a study and it indicated that 30 mph was the correct speed limit. The highway department also indicated some reluctance to do another study but Chapman thought pressure could be used to get another study done. Councilwoman Michael suggested a consensus to pursue this new study because she would likt to see the mechancis of where they take that survey. Mark Skrotsky said that speed limits are set in one of two ways. Some are set down by law 25 in business areas, 30 in residential areas, 55 in open spaces, 20 in mountain roads, et ~. Another way of setting the limits is by what people are in fact actually travelling. This is determined by the study which has been mentioned. If the limit is set lower than the ones set by law, you can run into trouble. Councilman Van Ness said there are two "limits" on speed in Colorado. There is the 55 absolute limit. Any other limit lower than that, the law requires that you travel at a speed that is reasonable and proper. Councilman Van Ness said that conceivably, if the posted limit on Main street was ten miles per hour, you could go into court and protest it because the safe speed may be 35 mph. Councilman Van Ness found an article in Colorado Municipalities and it said that a munic~pality set a speed limit without telling 'the high- way department and the courts said the speed limit was void because there is a statutory citation where all traffic and parking regulations on a state highway within a municipal- ity are required to be approved in writing by the highway department. Mayor Edel said the were all in agreement that the Council wanted to go to the highway department. Councilman Behrendt said that maybe the highway department did not know that that area is zoned for business but our architecture makes it look more like a residential area. He thought the city should stress that the area is zoned for business. Councilman Behrendt said the man from the state was dubious but they might consider limiting the speed to 25 mph. Councilman Behrendt thought, also, that the highway department may have done the study on Auto Free Day. Mayor Edel said they also did it the day before. Skrotsky said they weren't doing anything on speed limits that day but it had to do with the traffic lights. Councilwoman Michael said the consensus was to have the staff clarify it with the highway department and do what can be done to get it down to 25 mph. 2. Pedestrian intervals at traffic lights - the Mill and Main walk sign is not even worki and Woodyard said as far as he knows, it hasn't been working for the last three weeks. The request to the Council is that the traffic lights are set to allow all pedestrians to walk and cross safely at both of the traffic lights, and the third light should it be installed. This would be a four way stop of cars. Mayor Edel said that the highway department would give the light to the city if it was wanted. Councilman Van Ness said they also noted that it was not the bargain it seemed because there would be such a back-up of cars. Councilwoman Michael asked Skrotsky what the disadvantages would be for the pedestrian intervals. Skrotsky said there would be a long time for a red light for each particular intersection. There would be quite a back- up of cars. Skrotsky said it could be tried as an experiment. Councilwoman Michael said she would like to se a No Right Turn on Red. Councilman Van Nes said there are some other drawbacks to the problem; he does not want the four way pedes- trian stop of cars but he would like to see the no right turn on red. Councilwoman Michael moved to install pedestrian interval lighting on Main street; seconded by Councilman Collins. Councilmembers Michael, Collins and Mayor Eded in favor; Councilmembers Behrendt, Van Ness, Isaac and Parry opposed. Motion NOT carried. 3. ~Oncerns pedestrian signs - Woodyard requested that the City Council send a follow up letter to the highway department requesting that the new larger signs be in place by November 15, 1980. Chapman said they did follow up. The new signs have been ordered and will be installed as soon as weather permits. They are pedestrian oriented signs, a newer version. They are symbol signs. 4. Painting of crosswalks - Woodyard said they would like to request they crosswalks to be repainted as soon as weather permits. Chapman said they would be repainted as soon as weather permitted. 5. Pedestrian safety education program - The request is for the Council to place into 1981 a specific line item marked pedestrian safety education program that will be carried out during the year and that would include taking some of Monroe Summers' time to help put the program together. It would be funded by city money and hopefully some private funds. The Action Group is willing to go out and solicit funds to have the printing and distribution done. This would be a pamphlet passed out saying what pedestrian safety is about, what the rights and responsibilities of the driver and pedestrian are. Chapman said that Summers had agreed to spend as much time as necessary on the project. Councilma Behrendt asked what the program actually amounted to and Woodyard said it was simply an awareness program. Councilman Van Ness moved to try to find the funds for the program; seconded by Isaac. All in favor, motion Carried. aspen ul~y uouncl± UctoDer Z/, 19~0 6. Long range task force - Woodyard said the action group is asking that a task force be composed to look at the long range deal on Main street that might include medians or whatever to beautify it. They would like to see 3 representatives from the city, 3 representatives of the Citizen's Action Group and 3 from the community-at-large. Council- woman Michael said they already had an informal task force. They have the action group along with Monroe Summers, Wayne Chapman, Rob McClung and Dan McArthur. Councilwoman Michael said she would be glad to come if someone would call her. Councilman Collins wanted to know if the Action Group had looked into the prohibiting parking and temporary isalnds on Main street because of the visibility problem. Council- man Collins also wanted to know if those were items that had to go through the highway department for approval. Mayor Edel said some of it is and some of it isn't. Councilwoman Michael moved to have Chapman check on the No Right on Red and come back with a report; seconded by Councilman Collins. All in favor, motion carried. PRESENTATION BY HANS GRAMIGER Hans said that the city owns the land on both sides of the highway. This would be the gol~ course, Thomas open space property and Marolt. Gramiger said that from Seventh and Main, there are five points of inconvenience. They are Seventh and Main, the Forest Service corner, the bridge itself, Cemetery Lane and the Prince of Peace Chapel intersection. Gramiger said as soon as the Marolt Property has been settled, he would like to see the city look into some highway improvement. ORDINANCE 950, SERIES OF 1980 - Employee Units in Lodges Mayor Edel said that it was Council's decision in a meeting last week that this item be tabled indefinitely. Councilman Behrendt moved to table this item number 15, consent agenda; Ordinance #50, Series of 1980, employee unit. s in lodges, for an indefinite period; seconded by Councilman Isaac. Councilman Parry asked why it was tabled. City Manager Chapman said that there have been some suggestions, places where the ordinance might be changed. A representative of Mr. Cantrup thought there may be some improvements that could be made since this was the second reading. Chapman asked Sunny Vann to get together with Ashley Anderson and talk about these things, get a report into the City Council before the next Council meeting with the planning office recommendations. If there are some desirable amendments, they could be made at second reading. All in favor, motion carried. RESOLUTION #18, SERIES OF 1980 - Housing Price Guidelines Jim Reents, housing director, said that the Growth Management Plan and subsequent amend- ments to that plan requires the Council on an annual basis to adopt both sale and rental price guidelines to be used for applicants through the GMP as well as evaluating condo- miniumization applications and any deed restricted employee housing applications. Reents said that in the past year, the Council has approved an increase over the initial year, the 1979 guidelines of 8 per cent for existing units and 15 per cent for new construction and new applications. At that time, there was some disagreement about using a combination of the national housing index and the Denver housing price index. Over the last year, Reemts said he has looked into what has been done in other communities; unfortunately, no one has any better answer than Aspen. Reents said he was before the Council to recommend the same type of increase for this year as was approved for last; that is, 8 per cent for existing units and 15 per cent for new construction. This, in both cases is below not only tne consumer price index but the?~'average between the Denver housing index and the national housing index. Reents said it was most important with new applications, either through the GMP or through the 70/30 process, in evaluating, if they can make the numbers work. Reents said there is no enforcement other than with Bill Drueding with the building department on a complaint only basis for violations. Reents and the planning office propose to advertise all deed restricted units in the next year, what their rates should be and what their rate of increase should be. They would advertise twice to four times per year. Councilman Behrendt wondered why realtors in town were advertising units that he knew were deed restricted for short term rental. Reents explained that with each unit that has a rental of a minimum of six months, it is allowed to be rented for two short term rentals, each short term meaning two weeks. Therefore, it is possible to rent a unit short term for one month of the year. Reents said that is is an issue that was discussed at budget time this year between the building department, city manager and Reents. It was decided at that point, because of the limitations within the budget, that enforcement would be dealt with on a complaint basis. Councilman Behrendt moved to read Resolution #18, Series of 1980; seconded by Councilwoman Michael. All in favor, motion carried. RESOLUTION #18 (Series of 1980) WHEREAS, The City Council is required to establish housing price guidelines in October of each year for consideration in granting points within the therms of the Growth Management plan was read by the deputy city clerk Councilman Behrendt moved to adopt Resolution 918, Series of 1980; seconded by Councilwoma[ Michael. Gideon Kaufman wanted to clarify an area to save the confusion of last time. The question was, what price guidelines should be Used for existing structures which are newly condo- miniumized. ~Reents said that by going through the tapes of last year, he felt the intent of Council was to go by the lower price guidelines for rental units which are condominium- ized. Mayor Edel suggested that a special section be added to Resolution ~18 which applie to condominiumization. Vann was given a copy of the resolution to add the section. Bil Dunaway said that GMP also requires something to do with the salaries which will be low, moderate or middle income and he wondered why there was nothing to do with that in th. resolution. Reents said the Code does not require that, other than to say that people will be qualified for these units. Reents said that they have used as a guideline in the past, when it has come up for new construction, a figure of 35 per cent of the persons net income, determining the rental rate as to whether it is low, moderate or middle income uni The recommendations are based on the information provided by the applicant or his employee Councilman Behrendt said the Council had been discussing the fact that they have been approving an inordinate number of units at moderate income that really should be low incom. Reents said there were two separate occasions when people came to him and said they could not get their loan from the bank with these type of restrictions. He said the bankers are not even happy with the guidelines as they are now. They would rather see them up at the $1.00 per square fOot range because there's a risk. Mayor Edel suggested Councilman Behrendt and Reents get togehter and discuss this thing privately because Councilman Behrendt has the feelings of all of Council. At this point, Sunny Vann read the amendment to Resolution #18. It now includes a new Section 3, which reads "For purposes of condominiumization of existing structures pursuant to Section 20-22, housing price guidelines shall be as outlined in Section 2 above. Housing price guidelines for new structures shall be the same as outlined in Section 1." The old Section 3 will not be Section 4. Councilman Behrendt amended his motion to include the new Section 3 and a renumbering of tl old Section 3 to Section 4; Councilman Isaac seconded. Councilman Collins asked if the consumer housing index is a part of the consumer price index. Reents said it is one item that they isolate specifically. ~.ouncilman Collins also asked if the housing department sets the salary guidelines. Reents said they have been using the figure that the housing task force found acceptable, which is 35 per cent of annual income. All in favor of approval of Resolution #18, Series of 1980, as amended. Motion carried. RESOLUTION #20, SERIES OF 1980 - Intent to Issue Industrial Development Revenue Bonds Koval Project Jim Reents, housing director, said this was before the Council before but they were caught off guard because of a need to know some of the background, more about the people involved as opposed to the project. Councilwoman Michael said this inforamtion was exactly what she asked for and would like to move to read the Resolution. The problem was, no one had the resolution. Reents said he had discussed this previously with Wayne Chapmand and Chapman had suggested that because the resolution had already been approved as to form by the attorney and by the Council's bond advisors, the Council could vote giving a sense of approval. Chapman suggested a sense of Council for the developer's benefit, and then the legal steps could be taken care of at a later date. Mayor Edel said that he had a p~oblem with the approach although he could understand the need. Councilman Behrendt said he understood that these were deed restricted and assumed that was to six month rental limitations. Councilman Behrendt said he wanted to have a meeting on that, to clarify for everyone' sake what that means. Councilman Behrendt said he thinks it is worthless, a stupid enforcement. Councilman Behrendt said the city should have something like that, but not that. Councilman Behrendt asked Reents to prepare a memo on it. Councilman Behrendt asked if there was a price restriction on the project, would they be moderate or low price units? Reents said it would be determined through the review of the actual project. Councilman Behrendt asked how he could vote that it would be of the community's interest to build the units if he didn't know if the units were coming in under employee housing guidelines. Reents said it was a real chicken and egg situation. Without the resolution, any money the applicant spends cannot be funded under the 70/30 ordinance. It is intended to be employee housing so the applicant can get approval under the ordinance. Councilman Isaac asked if this would be a rental or a re-sale project. Reents said that under the provisions of the Industrial Development Bond Act at the present time, it can only be a rental project. Councilman Behrendt moved that at this time, the sense of Council is that this looks like an appropriate thing to do; Councilwoman Michael seconded. All in favor, motion carried. RESOLUTION #19, SERIES OF 1980 - Park Dedication Fee Waivers Reents said that it had been brought up earlier by Council that, as opposed to seeing each applicant on an individual basis that Council have some standard and consistent policy in granting waivers of park dedication fees for subsidizing employee projects. This would be an all or none approach rather than being piecemeal and on an inconsistent basis. The city attorney, city manager and Reents were directed by Council to get together on this. The attorney proposed that COuncil could adopt a fixed policy on this by resolution. Reents read: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN: That in the future all park dedication fees for deed restricted low, moderate and middle income housing be waived, and further, that shorter term restricted units (deed restricted for less than 50 years) receive a deferral of park dedication fees for this period of sherter term restriction, this deferral not to exceed five (5) years, at which time the fees determined at the time of issuance of a certificate of occupancy shall be due and payable. ~egu±ar Meeting Aspen City Council October 27, 1980 Councilman Behrendt said that deferral of payment probably means non-payment. He said it is very difficult to follow-up on and there are probably a number outstanding at the presel time. Also, he said he has real hesistation at this point. Councilman Behrendt thinks that when they call something an employee housing project, but just restricted for five years, Council is fooling themselves and the public and not making any gains in the long term problem. Councilman Behrendt said he has fought for years against giving any benefit on this particular program to employee housing. Councilman Behrendt said maybe it is right to give some benefit. Councilman Behrendt was wondering about making a Council policy that if it meets the guidelines and it is genuinely a deed restricted unit in terms of time, more than five years, and price, that there is an automatic reduction down to halJ Councilwoman Michael said she was surprised at the wording of the resolution. She had thought they were doing this for all permanent deed restricted housing. Also, if sometime down the road - 20 or 30 years - it does go on the free market, the City would collect. Mayor Edel said he thinks any short term deferral is a mistake. If it is a permanement housing pool, fine, waive it, but if it is anything less than that, forget about it, they have to pay. City Manager Chapman said he thought Council was saying that any unit that is permanently restricted for employee housing should be exempted from paying the park dedication fee. Any unit that is constructed for use an employee housing and iS not permanently deed restricted, should have the fee waived for so long as it remains employee housing. Mayor Edel said no, he feels that anything which is not permanently deed restrict should have to pay. Gideon Kaufman suggested a way to deal with the problem; that is, if it is put in the record that the fee must be payed if the units go on the free market, the title company will pick it up, so there would be that restriction on buying the property. Councilman Behrendt asked if they would pay in 1980 dollars or future dollars, and Council agreed they would pay the going rate at the time. Reents suggested that Council just drop the second section of the resolved section to read: That in the future all park dedication fees for deed restricted low, moderate and middle income housing be waived (deed restricted for at least 50 years). Councilman Parry said he would like to see Reent's policy recommendation in writing and returned to Council. A1 Nicholson, developer of Park Central West, said he has three employee housing units, low income rental, each unit going for $175 per month. Nicholson said he would like very much not to have to pay the park dedication fee until such time as he can rent at either market price or in such time as he can sell. Jolene Vrchota, planning office, said it was not her understanding from the previous dis- cussion that it was Council's intent to eliminate the deferral on projects like the Christ Episcopal Church and A.C.E.S., where there is no deed restriction or specific prices for any amount of years but there is an intended use for employee housing. Ms. Vrchota said that has been eliminated in this new proposal. Mayor Edel said the bind Council gets into, on a short term project that's going to be employee housing for a very short time and then go free market, he is very bothered by the fact that its short term. Ms. Vrchota said there are two types of short term housing; the ones that are specifically restricted for five years or the ones with an indefinite time, not knowing if its' short or long, Chapman suggested that the resolution be read so that its' automatic for permanently deed restricted. Then, when other projects come in, such as A.C.E.S., they can come to Council separately. However, Council said this was the type of thing they were trying to avoid. Chapman outlined the sense of Council for the resolution is that all permanently deed restricted housing would be exempt from the parking dedication fee. Any .employee housing which is deed restricted for less than 50 years would not be exempt from the park dedica- tion fees. Any employee housing which fits in the class of being owned by a non-profit or charitable organization would be exempt from the fee as long as the units are being used for employee housing. If the units were to go on the free market, payment would be due. A1 Nicholson said that would mean he could not get a diferral of the fee. Councilman Van Ness said he is personally in favor of deferral of the fee as long as the unit remains employee housing because it would be a good inducement to keep the units employee housing. Councilman Parry agreed. Councilman Behrendt said that when Nicholson built his project, he knew that he would have to pay the fee. Councilman Behrendt wondered where it was to the public's benefit to relieve Nicholson from paying that for a period of five years. Nicholson would get the benefit of the use of that money for five years. Nicholson said it wasn't really a benefit because he is renting the units at a loss anyway. Councilman Behrendt said that was the deal he made with the city in the first place. Councilman Isaac said he had no problem with deferral of the payment as long as they receive payment in new dollars and with a new evaluation of the property. Mayor Edel though Council should refer this back to staff and come up with it next time in a more defined clearcut approach. Councilwoman Mcihael moved to table this and refer it back to staff; seconded by Behrendt. Councilmembers Collins, Michael, Behrendt and Mayor Edel in favor; Councilmembe~ Isaac, Van~ Ness and Parry opposed. Motion carried. Councilman Collins wanted to say that he is no~ in favor of this waiving and deferring because he feels as though it's a tax. Councilman Collins doesn't think it is the City's right to charge some and not charge others because what the City doesn't make in park dedication fees, the other taxpayers have to make up. And they're the people who have already paid the tax. Councilman Collins said he would like to see if Council is agree- able about getting an opinion from the city attorney or the state attorney regarding the siutaion, the City's right to do this. Mayor Edel asked City Manager Chapman to see that this is done. SMALL PROJECTS: RE 70/30 Jim Reents, housing director, said that Council had asked that the planning and housing offices look at the 70/30 ordinance with regards to some small projects. Reents had a proposal which, as an ordinance, Council could not really take action on, but they have to refer the approach back to P & Z who has to make their recommendation back to Council. However, there are actaully three approaches. Reents said the wording of the 70/30 ordinance that creates the problem is the sentence that says, "All residential dwelling units constructed in a mixed, free-market, deed restricted, housing project where in at least 70 per cent of the units are constructed . " The term "at least" means that you can't do any less than 70 per cent. In some cases, and esPecially with small projects, yo' get a figure like 70 per cent of 6 units is 4.2 units. Reents said the ordinance could be amended to just identify rounding portions of the housing unit either down or up, say from .4 down, it becomes a lower number and from .5 up, it becomes the next whole unit. Or, it could be said that for smaller projects of say up to 15 units, a ratio of 2 to 1. Reen s said it still would not work in every case. Councilman Behrendt moved to approve the sens of this kind of amendment and to sen it on to the planning and zoning commission for their review and study; seconded by Councilman Parry. ~.OUncitmanlUan Ness said this is the same discussion they had last time, when Coun. could have simply amended the language. Reents said the reason it has to be back to P & Z is because it is part of the Code. Any zoning change has to go back to P & Z All in favor, motion carried. 1981 GROWTH MANAGEMENT PLAN COMMERCIAL ALLOCATIONS Sunny Vann, planning office, wanted to apologize for the lengthiness of the memorandum, he said there were some additional materials that were to be included in the packet but were left out; however, he believed that eveyone picked them up prior to the meeting. Van~ said the history surrounding the process is quite lengthy, therefore, there had to be a long memorandum. Vann said that on October 7, 1980, the planning and zoning commission scored this year's 1981 applications consistent with the Code. There were three applications; Park Place Building, Ajax Mountain Associate #2 and Mill Street Station Mall. Park Place building is a small building proposed for the two vacant lots adjuacent to the Aspen Leaf Sports. Vann said the results, included in the packet, were as follows; Park Place was first with 31.2 points, Ajax Mountain Associates second at 31.0 and Mill Street Station third at 30.7. All of the applicants received sufficient points to be eligible for an allotment. They me~ the minimum point requirements overall under certain specific categories. The Code, there- fore, requires that Council consider any challenges to the P & Z scoring process. Vann said they may only hear challenges with respect to due process considerations of abuse of discretion. Councilwoman Michael stated that means that tonight, categories and scoring is not an issu( Vann said that also, there have been no appeals filed in the planning office and they anticipate none. As an administrative rule, they require that challenges be submitted prior to the meeting so that everyone can have a copy and everyone could participate. Mayor Edel asked if there were any challenges. Tony Mazza, representative of Mill Street Stations, said they were intending to make a presentation after the planning department. However, this is not a challenge or an appeal, simply a comment. Vann said the Code requires that Council allocate by resolution and prior to December 1st available deveopmental allotment in the order they were ranked by P & Z. Applicants which receive allotments may proceed to obtain additional development permits that are required. Unallocated allotments must be carried over to the following year for distribution at a later time. As the material indicates, the applicants this year total appk0Ximately 40,420 square feet; Ajax Mountain Associates is 11,120; Park Place is 8,800 and Mill Stree~ Station Mall is 20,500. The annual available quota is limited to 24,000 square feet of commercial use provided that Council may authorize construction in excess of this amount by as much as 25 per cent or 6,000 square feet for a total of 30,000 square feet on an annual basis. In addition, there exists some unallocated quotas from prior years plus some quotas which have expired because the applicant did not proceed with the development process. These total approximately 35,300 square feet. Everything taken into account, the end result is a potential 1981 quota of approximately 60,500 square feet. Council is obligated under the Code to allocate up to 24,000 square feet. The planning office recommended to P & Z that they recommend to Council that requested allocations in th~ amount of 8800 square feet and 11,120 square feet be awarded to Park Place building and Ajax Mountain associates, respectively. The remaining unallocated of approximately 4,080 square feet be held over for potential allocation at a later time. Planning office further recommened that neither the 6,000 bonus or the 35,000 square feet unallocated from earlier years be awarded to Mill Street Station for construction. Vann said the P & Z concurs with the planning office that Park Place and Ajax Mountain should receive the awards to construct the buildings. However, P & Z did not concur with the planning office in regards to Mill Street Station. P & Z moved to recommend to Council that the remaining available quota, 4,000 square feet and the potential 6,000 square foot bonus, should be awarded in the event that the applicant can demonstrate the ability to phase his project. P & Z concurred with the planning office that the remaining unallocate( allotment from prior years not be given to Mill Street Station. P & Z further moved that last year's bonus, some 4,719 square feet be substracted from thi~ prior unallocated expired quotas to wipe the slate clean. The planning office~s recommen- dation to P & Z was predicated on a number of factors. They are concerned about allowing or authorizing commercial construction in any one year substantially in excess of the basic 24,000 squafe foot quota which is already available under GMP. Part of the recently adopted housing action plan says that commercial growth is a substantial generator of new Regular Meeting Aspen City Council October 27, 1980 employee housing demand. One of the major elements in that plant that the planning office has proposed to combat the employee housing problem is to reduce the demand for new employ housing stock. The other two approaches are to increase production and to maximize the use of existing inventory. Vann said the annual quota is based on two major assumptions. The time the quota was determined, housing and commercial growth were relatively in balance and that if we built out approximately 80 per cent of the remaining commercial space over the next fifteen years, given the 24,000 square feet and the residential quota, it would remain in balance. It is also assumed that the city would remain the major commercial center for the area and that demand for additional office space would be relatively low. HoweveI this has not been the case. While we've only had some 35,800 square feet of construction authroized in the city, over 120,000 square feet has been authorized outside of the CC and C'i districts. In addition, some 119,000 square feet have been constructed outside of the city. As a result, while many of these have had some employee housing, its been so insignificant that we have exhausted the balance between employee housing and commer- cial growth. GMP was intended to balance these segments of the economy. This has not been the case. The housing action plan has identified some shortcomings in the GMP and while we have not as yet updated or amended the GMP, we are currently examining the past growth rate. Council has adopted certain policies as part of that housing action plan in an effort to combat those shortcomings. Vann was referring to specifically the intent to reduce the demand for new employee housing stock. Councilman Behrendt asked if the big generator at this point is commercial construction, and if that's also the giant loophole, then whi isn't Council recommending that we put those all together, so that there is a GMP overall recommendation so that there is not a place for everything to move through. Vann said they are currently looking at the GMP in terms of what growth has been exper- ienced since the adoption and any changes that might be required. A consideration is to bring the other commercial districts under GMP allocation procedures or to redefine the available quota. Inasmuch as the process is stricly discretionary over and above the 24,000 square feet, Vann said they feel that in the interim while they are examining the impact of GMP changes, it would be entirely appropriate for Council to take into account the impact of approving of space over and above that 24,000 square feet. In the light of the commercial growth rates that have been experienced since 1977, the planning office would encourage the Council to concur with their recommendation to P & Z and to authorize commercial allotments to the first two ranked projects and the remaining 1981 quota be held over to a later date for posSible allocation. Should Council disagree with that recommendation, the planning office would respectively request that any alloca- tion over and above the basic 1981 quota of 24,000 square feet plus the bonus of 6,000 square feet not be approved. Also that the bonus recommended last year, some 4,000 Square feet be subtracted from prior years' unallocated quoats in order to wipe the slate clean. If Council decides to award Mill Street Station the remaining 4,000 square feet and the 6,000 square foot bonus, they would have to take their phasing proposal back to P & Z and be rescored to be sure they still meet the point requirements. The reason for this is because the Code does not allow modifications in applications in anything except insubstantial part after it is submitted. Councilman Van Ness moved to allocate allotments of 8800 square feet and 11,120 square feet to Park Place Building and Ajax Mountain Associates, Building #2, respectively; seconded by Councilman Behrendt. All in favor, motion carried. Councilman Behrendt asked Vann what would happen to this applicant next year if they are denied this year. Vann said they may resubmit and would have to go through the entire process again. Councilwoman Michael wanted to know what the sense of Council was, when the GMP was passed, pertaining to how the unallocated quotas would be used. Councilman Collins said he thought the idea of that discretionary range was to try to even it out so that over a number of years there would be an average amount of building. Vann said that is still probably valid except the city has demonstrated that they are not in balance as far as commercial growth versus the housing growth. ~ouncilman Van Ness wanted to know if there was 35,000 square feet of unallocated, then how much was allocated. Vann said there was roughly 61,000 allocated. Councilman Behrendt said he had two areas of concern. One, if Council did as P & Z suggested and allowed the 4,000 and 6,000 so Mill Street could build in two steps, how could Council be sure the project would be as good if they split!it up into two phases. Vann said they could choose to cut it as they saw fit, but they would have to go back to P & Z and after rescoring would have to meet the minimum points required in each category as well as the overall point requirements. Councilman Behrendt also asked how Council can consciously allow one more square foot to be built while, through a major defect in the GMP, there has been 120,000 square feet built out of the CC and C-1 district. Mayor Edel wanted to hear the presentation by the Mill Street Station people before they got into any other discussion. Tony Mazza introduced himself as a lawyer in town and a principal in the development of the MAll Street Station. Mazza said that the ordinance which was adopted by Council on the GMP says there is 24,000 square feet of allowable commercial build out a year. There is a 25 per cent of 6,000 square feet bonus allowable. Mazza said the ordinance does not specifically address what happens to the unallocated commercial allocation from previous years. Mazza said the previous city attorney would have said that it is in the Council's discretion to use or not use the unused commerdial allocations from previous years. Mazza said that when they tendered their application, they operated on the basis of what's in writing in the city statutes. Mazza said the book basically says that its in Council's discretion and as a logical person, he took that to mean that if someone meets the minimum requirements, the unused commercial allocation can be carried forward. Mazza referred to the scoring. He said that Mill Street Station came in second in every category. The planning department also recommended that they come in second. He though Regular Meeting Aspen ~lty ~ouncll QctoDer 2/, i~U this meant that if~;there was ever a reason for using the unused allocation, this has to be it. Mazza believed the planning department takes the position that there is merit in the project. Mazza said he disagrees with the numbers which Vann had just presented. He ~ thought the really horrifying figure was the 120,000 square feet of commerical space built outside the GMP area. Mazza said first of all, that's not his fault. The Council made the rules and they played by those rules. Mazza said that 50,000 of that square footage was the Truman Center. 40,000 of it was the Aspen Club. Mazza said that what those figures do ~not give you is the Trueman Center has approximately 1/3 employee housing, Mazza also said he believed there is over 60,000 square feet of unused allocations. For example, the Tom Thumb building what was approved in 1978, has not been built. He understood they asked for an extention and were given unt.1 January 30, 1981, when, if they have not built by then, that goes back to unused alloca- tions, 5500 square feet. That same year, the Hutch and La Tortue were approved. They hay not been built,'and Mazza says they will never be built. La Tortue was 608 and The Hutch was 576, the total for that year being 6,629 square feet, none of which was used. The next year, Gastof Eberlie building was converted from a lodge into commercial space. Mazza does not see where the extra impact of employee housing is. The same year, Fother- gill's basement was not built. The next year, the Epicure, not built; Bell Mountain Sport not built. First National Bank additi6n, not built. Mazza said they are asking that they get the 4,000 square feet of commercial space in this year's allocation, the 6,000 square feet bonus and that they take from the unallocated spa!e of previous years that would allow the Mill Street Station. They will need 20,400 square feet to proceed this'year. If Council must qualify that they build in 1982, so be it, but Mazza requests that they don't do that. Mazza asks that Council gives them the complete allocations they have requested. Larry Yaw'said that when the GMP was initiated, he advised CouHcil and the planning office at that time. Therefore, he believes that GMP was reconciled with all of the issues it needed to reconcile at that time. It was a thought- ful document. Yaw said the GMP calls for a periodic review of how it is working. Yaw said that this year the GMP has produced what it is supposed to produce; three Very good projects. He believes they are three of the best projects the City will get out of it. Yaw also said he vlieves it would be proper to award the GMP to all projects this years. He said that a 20,000 square foot project is not a big project, but to phase that over the next two years would indeed have its impact. He said it would have have the impa:t on the people who were in the first phase and a subsequent contruction phase, but it would have the impact of keeping our city scpe in an ongoing construction process for two years that it didn't need to be in. Mayor Edel asked Vann if there were any things which had been said that he felt were inaccurate. Vann said he would like to comment on one or two items. Vann said the compu- tation of what's left over is based on the way the City code defines available quota. He said that last year's projects have two years in which to build. They fact they have not built this year for economical reasons does not mean that quota is back in the pot. Vann said that people have two years from the date of the award to submit for a building permit ~' Therefore, the comment about Tom Thumb is inaccurate. They asked ~or an extention, and therefore, they have until January 30, 1981, to submit for a building permit. If they submit for a building permit at that time, the clock runs on the building permit and con- tinues to run and is conceivable they can building in the spring. As far as what has definitely expired, there is only 30,000 square feet. Councilman Michael said she didn't think it is the problem of Mill Street Station that 120,000 square feet has been built outside of the CC and ~1 zone. By the same token, she doesn't think it is Council's problem that Mill Street Station has spent X amount of collars, knowing that this is a crap shoot, knowing that the unallocated square footage is completely a discretionary item. She also said that she doubts this community has reached the growth level they had originally thought they could handle. Since they have not reach d the level they thought would be manageable and acceptable~ why not then used the unallocat ~d square footage. Councilman Van Ness thought it could well be that commercial growth is a beig generator of employee housing deficiency and maybe Council should exercise their discretion and deny it However, in his view, 'he thinks when it says discretion, you have to look b~ck and see what has happened before. He said that he could remember when this GMP came in during the summer of 1977, they theory was that if people don't have housing or.lodging, they can't come here so there is no growth. He s~!id they were considering not ~ven including commer- cial allotments as part of GMP. So, what we've got here is what comes first, the chicken or the eff~ He also remembers that there have been other discussions as to what to do with unused quotas from previous years, and up until now they have always been used. He thinks that on the grounds of predicability and consistency, the Council should go for this. If they want to change GMP, that should be done next year, and not now when these people have spent so much money on it. Councilman Van Ness said he just didn't think it would be fair to change the rules now, after they have already gone ahead and committed themselves by applying. He said he would have no objection to changing the rules for next year but he thinks it's a little bit late to do it now. Vann said there has never been an unallocated quota in the past that has been passed on by Council. It is incorrect to say that it was traditional for Council to give it; it has never been needed. Councilman Parry said that Bill Kane had warned Council about this even before the GMP - went in and the problems have been there. Since there are not enough square feet within the City for the projects that have been good and have been brought up, this is part of th~ reason that the 120,000 square feet has grown up outside of the central core. Councilman Parry said he thinks the Council should use these unallocated quotas and should keep these ~ good projects within the central core. Mayor Edel said he doesn't understand the whole business of past allocations, however, these people were functioning under that. He also said Council should indeed do as Van Ness says and relook at it. Mayor Edel said he has no doubts that these people should be ~e October 27__ 1 8o subjected to thoughts they think are wrong. However, the impact of some 40,000 square feet of construction in one years seems like a lot of construction Mayor Edel said he thinks they should receive an award of however much square footage they need, but to relieve the impact of so much construction in one year, they should have to wait until 1982 to start. Vann said postponing construction does not solve the problme. Bob Grueter said giving them two years to do it, he doesn't think that could be done under the due process of argument. Grueter said it looks like a five year plan. Over five years there will be 120,000 square feet. However, they wanted to protect the future, people coming in in 3 or 4 years. Grueter said it is up to the discretion of Council as to how much of the unallocated could be given, but he doesn,t think they can be postponed to the future. Councilman Behrendt said it was his understanding that they can't do it for the future. If the applicant wishes to make a two phased project, one phase with the intent to be done this year, the second phase would have to go through the entire process and compete next year. Councilman Behrendt made a motion for a sense of Council to go ahead and process this item as approved under this year for approximately 10,000 square feet or their first phase, which would allow nothing towards the next phase; they would have to fight that out next year. Mazza said this is the fifth years of the five year plan. Councilman Behrendt said he understood that but he would like the City Manager or someone to assemble this in a package so Council could approve it with specifics. The idea would be that Mill Street Station would get their first phase approved this year. Vann said the Council cannot award it at this time. The appropriate procedure would be to indicafe to the applicant that Council would approve up to the 10,000 square feet if he can demonstrate to the P & Z that the first phase would meet the minimum point requirements. The must meet the point requirements. Perry Harvey, member of P & Z, said he was here to urge Council to allocate the required square footage out of the unallocated prior years. Harvey said they have it to give and wanted to bring out some concepts. Mayor Edel said Harvey would have to be speaking as a private ~itizCn because P & Z has already submitted a recommendation. The recommendation did not concur with Harvey's statement. Harvey said he was here as a private citizen; Vann said that on the P & Z recommendation it was a majority decision and Harvey was the one who did not concur. Harvey said that what planning said was that there was so much growth outside of the growth management curfew that we should restrict the growth manaqement allocation to take away from the overall effect of what's going on outside of growth management. Harvey thinks the reason they have the growth outside of growth management is, very frankly, from a private citizen's position, it's easier. If you're looking to build an office building, it's easier to do it ouside of CC and C-1. Harvey thinks that philosophy or that unintende result encourages an urban sprawl. Planning and everyone, according to Harvey, would admit that we want to keep this impact within the commercial core. Harvey thinks~there is a concept that Council should be looking at: encourage that the growth be kept inside the commercial core. Harvey things that by saying Council will not use that unallocated square footage and approve a meritorious project, Council is encouraging people to go outside the core. Council has the opportunity now to get a good project and get it built with no five year detriment to the community, and Council is keeping this office and commercial space within the core where they want it. Councilman Behrendt made a motion to set the proecess up where it would be possible for the first stage of this process, some 10,000 square feet including the 4,000 square feet left over on'this year's quota and the 6,000 square feet bonus, to be approved under the growth management allocations, provided the applicant can continue to meet the require- ments they have met in order to get where they are now. Motion DIES for lack of second. Larry Yaw said there was an earlier comment about the impact of 20,000 versus 10,000 square feet. Yaw assumed the concern was about the impact of that much construction. Yaw said it's not that much construction at all. The impact on the difference of 100,000 to 400,000 is something to think about. Yaw said the GMP anticipates that there's going to be 30,000 square feet every years worth of construction impact. Yaw believes that 10,000 square feet on top of that is insignificant. He would clearly look on this as an opportunity to get a nice thing done and have it as part of the permanent city scpae as opposed to phasing it and having it a part of the impermanence, over two years, of the city scape, when there are really no negatiVe impacts. Andy Hecht said he had a memory of what happened when the original growth management plan was inacted and that there was a great deal of reluctance to include commercial core in the growth management plan. Hecht said one of the compelling reasons for including it was to control the quality of a project. Hecht said at some point Council has to tell applicants what the standard is based on. Councilman Isaac moved to award the Mill Street Station shopping plaza 4,000 square feet which has already been demonstrated as available; 6,000 square foot bonues and 10,000 squar~ feet available from prior years' surplus; seconded by Councilwoman Michael. Councilman Collins said he has not hears much about employee housing and impact on this particular 40,000 square feet. However, he thinks that 40,000 square feet would probably generate 100 employees, at a conservative estimate of one employee per every 400 square feet. Vann said that was a very conservative estimate. Councilman Collins went on to say that 100 employees would more than use up the employee water plant housing project. He thinks the impact of that is pretty evident. So, for the 40,000 square feet of commercial space, Aspen would need another 80 units similar to the water plant housing project. Councilman Van Ness said he didn't think there was any question that CounCil does have a major problem here in that the GMP does not encompass all commercial developments in the city limits. He believes there is no question that it must be resolved. The question now is whether to do it at this point, after leading people to believe that when Council said they would exercise their discretion that that discretion would be to use the unallocated and expired quotas of the previous years in order to balance that off. All in favor, with the exception of Councilman Collins. Motion carried. Aspen Clty ~ouncl± Meetinq Vann said there was an additional recommendation on behalf of the P & Z, that last year's bonus, the 1980 bonus some 4,719 Square feet, be substracted from the remainder of the prior unallo~ations in order to wipe the slate clean. Councilman Behrendt said Council couldn't do that because it was just awarded. Vann said there is still 30,500 square feet left over. Mayor Edel asked for a motion to that extent. Councilman Behrendt made a motion to that extent; seconded by CounCilman Isaac. All in favor, motion carried. Councilman Behrendt asked to direct the planning department to submit recommendations to Council concerning the GMP with regards to N/C, S/C/I and O, office zone and CC and C-1 districts and the quotas involved and to examine decreaing Council's discretionary areas. Also, that the planning department incorporate housing recommendation requirements within that report. Councilman Parry seconded the motion. All in favor, motion carried. REQUEST TO WAIVE PARK DEDICATION FEES - A.C.E.S Jolene Vrchota, planning department, said this was a request for a deferral of park dedica. tion fees for housing to be used specifically for the directors and naturalist staff at the Aspen Center for Environmental Studies. Councilman Isaac moved to defer the park dedication fees for as long as A.C.E.S. uses the building; seconded by Councilman Parry. Bob Grueter said he thinks Council said he thinks Council should add something to that motion that will be part of the record, saying that when it does go to the free market the park dedication fee. Frueter said it should be made part of the record on everything, including the deed. Isaac said he would accept that amendment. Vrchota wanted to clarify that it would run with any portion that did not stay under the cntrol of the non-profit group because there is a potential subdivision. Councilman Isaac said that park dedication fees are only on buildings, so if another building went up, there would be a new park dedication fee. Grueter agreed that the clarification did not need to go into the motion. Councilwoman Michael questioned the land, whether it was Leased from Mrs. Paepcke or donated to A.C.E.S. Ms. Vrchota pointed out the land is lease( from Mrs. Paepcke. Councilman Behrendt said there was an enforcement nightmare here because Mrs. Paepcke may chose to no longer lease it to the people and may choose to'~?rent it out. There will be no turnover of the property and no notice to Council. He was told Mrs. Paepcke is not about to take the lease away, in fact she attempted to give the property to A.C.E.S. earlier. Councilman Behrendt also wanted to stipulate that as long as the property is used for employee housing by ACES for ACES' employees at low income price guidelines the deferral stands. Councilman Isaac agreed to that. Councilman Behrendt wanted to be sure that if t~ ACES director decides to live elsewhere, the house would not be rented out on the market. The whole pointe of this exemption shOuld be that it benefits specifically and exactly ACES' employees. Councilwoman Michael wanted to know what would happen if five years from now ACES would happen to hire a director who is a local. Councilman Behrendt said that ACES has other employees. Mayor Edel pointed out the motion had just said employees. Councilman Collins said he heartily supports the ACES programs but he has taken the positi( in the past that this sort of exemption or waiver constitutes a contribution on the part oJ the City and as such should come to the city as a contribution request at the proper time. All in favor, with the exception of Councilman Collins. Motion carried ORDINANCE #56, SERIES OF 1980 - Rezoning to Residential Bonus Overlay - Utrych Jolene Vrchota, planning office, said the item before Council today was for the first read: of the rezoning from Office to Office with a residential bonus overlay for a lot at 715 E. Hopkins, which is on the Hopkins Block, south side of the street between Original and Spring. Currently there is a dome located on that property and a single family house. Ms. Vrchota said that this is a complex application with requests for at least five approvals included in it, in order to make the full approval of 3 studio employee units pl~ a duplex free market unit. However, the only question before Council today is specificall5 the first reading for the rezoning. The other questions can be described if the Council would like that discussion presented to them. Councilman Behrendt moved to read Ordinance %56, Series of 1980, amending the zoning distrJ map of the City of Aspen, Colorado, Sec. 24-2.2 by changing the zoning of lots C ~ D, block 104, City and Townsite of Aspen, from O-Office to O-Office/RB; seconded by Councilma! Parry. All in favor, with the exception of Councilman Collins. Motion carried. Mayor Edel wanted to know why the housing office once again recommended the moderate income price guidelines. Ms. Vrchota said the ordinance does include the words moderate but Council could change that to low. Ms. Vrchota recommended another change, it should be changed from deed restriction of 3 employee units to all units; in the 0 zone there is automatically a six-month rental restriction for.,all units. Councilman Behrendt amended his motion that on page 1 of the ordinance %2 be amended to re not moderate but low, and %3 would read "deed restriction of all units to six-month minimun rentals"; seconded by Councilman Parry. Mayor Edel asked the applicant to describe exactly what he he has a piece of property here that he has owned for the last fourteen years. Ulrych can build an office building on it or he can build a duplex on it. Also, he said he has certain needs for employee units in his business so he though he would combine the two and build three studio units including the duplex, which he allowed under the present zoning. The three studio units will each be 500 square feet for a bonus of 1,500 square feet which works out to 25 per cent of the lot size. All in favor, with the exception of Councilman Collins. Motion carried. · ~=~=~ ~*~uxn9 Aspen City Council Oetober 27, 1980 ORDINANCE #56 (Series of 1980) AN ORDINANCE AMENDING THE ZONING DISTRICT MPA OF THE CITY OF ASPEN, COLORADO, SEC. 24-2.2, BY CHANGING THE ZONING OF LOTS C AND D, BLOCK 104, CITY AND TOWNSITE OF ASPEN, FROM O-OFFICE TO O-OFFICE/RB was read by the deputy city clerk Councilman Behrendt moved to adopt on first reading ~n ordinance amending the zoning district map of the City of Aspen, Colorado, Sec. 24-2~2 by changing the zoning of lots C and D, Block 104, city and townsite of Aspem, from O-O~fice to O-Office/RE as amended; seconded by Councilman Isaac. Councilman Van Ness asked h~ long the restriction on the unit is. Ms. Vrchata said 50 years. Roll call vote; CoU~cilmembers Vehrendt, aye; Parry, aye; Van Ness, aye; Isaac, aye; Michael, aye; Collins, n~and Mayor Edel aye. Motion carried. SUBDIVISION EXEMPTION - Clark/Parker Jolene Vrchota, planning office, said that if Council would look at the last page of the memo which had just been handed out, Council would see the P & Z recomraendation for appro~ of this item and also some suggestions. Ms. VrchOta wanted to explain it to Council because it is very complicated. First on West Francis street the Clark's owned and condominiumized three lots, G, H, and I, last summer. Since then, the Clark's have pur- chased three other lots so basically there is one lot of 18,000 square feet under common ownership. The Clark's are requesting that they can divide this property so that lots Di and E would be separated and sold; lots F through I would fall under the condominiumiza- tion agreement which was made originally for lots G, H and I. The effect of this would be that under the division of property as it would not stand, D, E and F could have a duplex on it. By taking lot F and putting it under the condominiumization agreement, Council is effectively decreating the overall density that could be built on this propertl because only a single family house could be built here and no further units beyond the two units could be built. Therefore, the recommendation from Planning office which was concurred with by P & Z is to approve the lot split under the subdivision exemption process where Council is only being asked tonight for final approval and to require that condominiumization plat be revised to include lot F along with G, H and I which are already in that agreement. Councilman Behrendt moved to approve subdivision exemption for a lot split which results in two parcels in Block 28, Aspen townsite, one to include lots D and E, the second to include Lots F, G, H and I.; such approval is conditioned upon the 'owner/applicant deed restricting both parcels to join a sidewalk, curb and gutter improvement district in the event one is formed; further, previous condominiumization approval shall be amended to include lot F in addition to lots G, H and I; seconded by Councilman Collins. All in favo motion carried. FINAL PLAT - C. F. Murphy Sunny Vann, planning office, said this is a request for subdivision exception for purposes of a lot split, which is to subdivide a 14,200 square foot parcel located on Gillespie Avenue which would create two new tracts. Oen is 7,200 square feet on which he will buiild a new single family residence and is on 7,000 square foot lot on which the applican~ existing single family dwelling is located. This is a procedure which is provided for in the city code. A lot split is allowed when you create no more than two lots; there is a pre-existing dwelling and you get a growth management exemption for a single family dwelling on the new lot. Vann said the lots meet the minimum lot area requirements for the R-6 zone of 6,000 square feet; however, there is insufficient frontage along ~illespie to meet the zone's minimum lot width requirement of 60 feet. There is also an encroachment problem. Both of these have been taken to the Board of Adjustment and the applicant has received variances for them. The P & Z, in April, reviewed the applicant's request and approved subdivision exception subject to the following conditions; that the improvement survey is submitted and accepte an a conceptual plat, that he submit the final plat to the City Council and that the final plat, which the applicant submits be consistent with Sec. 20-14 and 20-15 of the Municipal Code prior to being placed on the City Council agenda. They also indicated a number of additional items that would have to be addressed which are included in the packet. The applicant supplying an encroachment agreement for the support cribbing located in the City's right-of-way was another condition. Also, the proposed new residen~ be subject to the six month minimum lease restrictions of 20-22. Vann said the engineering department and planning office have reviewed the applicant's final plat and encroachment agreement and have found everything to be in order. The encroachment agreement is part of the consent agenda and will be acted on later in the evening. Vann said they recommend that the applicant's final plat be approved subject to the execution of a six month minimum lease agreement prior to the issuance of a build- ing permit on the second lot. Councilman Behrendt asked if the P & Z's recommendations have been satisfied at this time. Vann said they are. Councilman Behrendt moved to approve the C. F. Murphy final Plat subject to the execution of an appropriate six month minimum lease agreement prior to issuance of a building permit for the proposed new residence; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #57, SERIES OF 1980 - Wheeler Alternative Study Budget Appropriations Councilman Behrendt moved to read Ordinance #57, Series of 1980; seconded by Councilman Parry. All in favor with the exception of Councilman Van Ness; CoUncilman Collins abstainted. Motion Carried. Regular Meeting Aspen ~zny ~ounc±± uuuuu~z ~,, z~ov ORDINANCE #57 (Series of 1980) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $25,000 FROM UNAPPROPRIATED CURRENT YEAR REVENUES OF THE WHEELER REAL ESTATE TRANSFER TAX FOR ALTERNATIVE ARCHITECTURAL STUDY EXPENDITURES was read by the deputy city clerk Councilman Isaac moved to adopt the ordinance on first reading; seconded by Councilman Behrendt. Council asked for an explanation of the ordinance. Ron Mitchell, financie director, said the original appropriation only covered the original study. The Council then requested an alternative study and this appropriation will cover the expenses of the alternative study. Councilmembers realized this is the same that was discussed prior to this meeting. It is not for future expenses, but for what has already been dOne. Mayor Edel asked wher~ Mitchell got his figures. Mitchell said he talked with Mr. Moore and reviewed the prior expenditures, what the revenues were and what the alternative study will cost. Mayor Edel said the City has already spent $87,000 and asked if the $25,000 would be included in that. Mitchell said the original appropriation was for $60,000 and the City was billed for $68,000. The architects are estimating that the alternative study will be somewhere between $20,000 and $25,000. Mayor Edel asked for an exact breakdown of what the City has payed the architect thus far. Mitchell said this would be in their boxes. Councilwoman Michael said she would like a closer account of what this costs. Mitchell said the bills are very specific, Mayor Edel said he would like to see them. Mayor Edel said that the city has, as of October 20th, some $208,000 in revenues in the real estate transfer tax. Roll call vote; Councilmembers Behrendt, aye; Parry, aye; Isaac, aye; Michael aye, Collins abstain, Van Ness, nay; Mayor Edel, aye. Motion carried. ORDINANCE #55, SERIES OF 1980 - Lease and Option Agreement with Jinco Corp for Grader Councilman Isaac moved to read Ordinance #55, Series of 1980; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~55 (Series of 1980) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A LEASE AND OPTION AGREEMENT BETWEEN JINCO LEASING CORPORATION AND THE CITY OF ASPEN WHICH AGREEMENT PROVIDES FOR ONE ADVANCE PAYMENT OF $10,000 AND 20 CONSECUTIVE QUARTERLY PAYMENTS OF $5,043.64 AT A SIMPLE INTEREST RATE OF 9-1/4 was read by the deputy city clerk Councilman Van Ness asked if this had not already been approved. City Manager Chapman said Council approved the appropriation and the City went out and got this after negotia- ting the terms, now Council is approving the terms. Councilman Van Ness moved to approve the ordinance; seconded by Councilwoman Michael. Roll call vote; Councilmembers Behrendt, aye; Parry, aye; Van Ness, aye; Isaac, aye; Michael, aye. Collins, aye; Mayor Edel, aye. Motion carried. EMPLOYEE CHRISTMAS DINNER City Manager Chapman said the personnel director needs to make arrangements for the Christmas party and he believed that this is something that has originally been a gift from the City Council to the employees. This is being brought to Council for their approval so it can be planned. Councilman Isaac said he though last year's party was a real drag and he would like some alternatives to the style of the party, as opposed to how it was last year. Councilman Van Ness said that he recalled last year, there was a fit of budget conscious- ness and Council ended up cutting the budget on it. Councilman Van Ness said he does not think Council should cut back here because a lot of the employees work really hard. He also said that last year, the P & Z was not invited and a lot of them were really unhappy about that. Councilman Van Ness said he thinks that a few hundred dollars or whatever it takes extra to do it first class is a well spent amount and it pays itself back in morale. Councilwoman Michael asked how much the Council budgeted last year. Chapman said it was $1500 and recalled the original request Was for $2000 and it was cut down to $1500. Mayor Edel asked if there was any dollar request this year. Chapman said Patsy Malone had mentioned to him that she thought she could do it well for $2000. Mayor Edel said that last year there were some comments made that the waiters and waitresses be Councilmembers. This would save some money. Councilwoman Michael said she didn't want to work hard but she would dress up as one. Councilman Van Ness said they have a hard enough time getting respect without having to dress up in white coats with towels over their arms. Councilman Parry moved to contribute $2000 for the 1980 Christmas party; seconded by Councilman Collins. Councilman Isaac said that last year the party was held at the Plum Tree and it was a sit down dinner. Councilman Isaac just didn't think that worked very well. Councilman Isaac said the year prior to that, there was a cocktail party at the Gant that was actually pai~ for by the employees, it was a much more informal type of party. Everyone has a great time. Councilman Isaac said he would like to have their party a more informal type party, have Council pay for it, and have a buffet and band, but not a sit down formal party at a restaurant. ~p~n u~sy uounc~£ October 27, 1980 Councilman Parry said that all of the previous parties were sit down dinners at the Red Onion and they were very successful. However, Councilman Isaac said the employees have gotten too big in numbers. Mayor Edel said that since this is an employee party, they should let the employees plan their party. Mayor Edel pointed out the party has already been budgeted at $1500~ Councilman Van Ness moved to amend the budget to $2000; seconded by Councilman Collins. All in favor, with the exception of Councilman Isaac. LIQUOR LICENSE RENEWALS - Great Western Spirit Company and Clark's Martet Councilman Parry moved to approve the lqiuor license renewals of Great Wester Spirit Com- pany and Clark's Market; seconded by Councilman Isaac. All in favor, motion Carried. (Councilman Uan.~Ness left at this point). Councilman Parry moved to approve the consent agenda minus 93, Ordinance 950, Series of 1980, employee units in lodges, which has been tabled indefinitely plus #4, property tax mill levy; seconded by Councilman Isaac. Those items on the consent agenda are extension of Wheeler Opera House leases; encroachment license agreement, C. F. Murphy; and the mill levy; Bil Dunaway said you can't do a mill levy on the consent agenda. Dunaway believed the Charter requires that it be done by resolution. Council took over ~4. All in favor of approving the consent agenda; motion carried. RESOLUTION ~21, SERIES OF 1980 _ Mill Levy Tax Councilman Isaas moved to read the resolution; seconded by Councilwoman Michael. All in favor, with the exception of Councilman Collins. Motion carried. RESOLUTION ~21 i(Series of 1980) WHEREAS, the City Manager desingated by Charter to prepare the budget, has prepared and sbumitted to the Mayor and the City Council the Annual Budget for the City of Aspen, Colorado, for the fiscal year beginning January 1, 1981 and ending December 31, 1981; and WHEREAS the assessed valuation of taxable property for the year 1980 in the City of Aspen returned by the County Assessor of Pitkin County,: is the sum of Sixty-four million, one hundred three thousand eight hundred ninety ($64,103,890) dollars; and WHEREAS, the City Council has determined that the proper mill levy upon each dollar of the assessed valuation on all taxable property within the city shall be that determined that the County Assessor sufficient to produced ad valorem tax proceeds in the amount of Three hundred four thousand, four hundred ninety (4304,490) dollars; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That for the purpose of defraying the expenses of the City of Aspen, Colorado, during the fiscal year beginning January 1, 1981, and ending December 31, 1981, there is hereby levied a tax on said dollar of the assessed valuation of the taxable property in the City of Aspen, Colorado, for the purpose of raising the sum of $304,490 which, together with the Fund Balance and revenues from all other sources, is estimated to meet budget expenditure requirements and provide a reasonabt closing Fund Balance for said fiscal year. Adopted this 27th day of October 1980 Councilman Behrendt moved to approve the resolution; seconded by Councilman Parry. All in favor, motion carried. WHEELER OPERA HOUSE COMMISSION - Ford Schumann The problem was whether to appoint Schumann as a member of the Wheeler Opera House CommissiOn and to allow MAA to either use Schumann as their member or to appoint another one. Councilwoman Michael said she feels Schumann was stunned by the memo from the MAA last Thursday. She would like to see what evolves in the next couple of weeks. Councilwoman Michael pointed out when Council drafted the ordinance which created the Wheeler Commissior there was a specified number of members. Councilwoman Michael said if Council is going to add a member, they will have to go back and amend the ordinance. Mayor Edel said Stacy Standley was appointed a member but has not attended very many meetings. Mayor Edel said Standley has been in Washington but he hasn't done any service as the member-at-large. Councilman Behrendt made a motion to strike Standley from the Wheeler Commission by virtue of his absenses, and further to add Ford Schumann to that position and to write Standley a thank you letter; seconded by Councilman Parry. Councilman Isaac agreed with Councilwoman Michael to delay this until Council sees how the M.A.A. thing shakes out. ~Councilmembers Collins, Isaac, Michael and Parry voted nay. Motion NOT carried. Councilman Isaac moved to adjourn at 9:30 p.m.; seconded by Councilman Parry. All in favor, motion carried. Robin ~. erry, Deputy ~ty Clerk